Act of Parliament | |
Long title | An Act to make provision about Ministerial appointments, extraordinary Assembly elections, the Ministerial Code of Conduct and petitions of concern in Northern Ireland. |
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Citation | 2022 c. 2 |
Introduced by | Brandon Lewis, Secretary of State for Northern Ireland (Commons) Lord Caine, Parliamentary Under-Secretary of State for Northern Ireland (Lords) |
Territorial extent | |
Dates | |
Royal assent | 8 February 2022 |
Other legislation | |
Amends | |
Status: Current legislation | |
History of passage through Parliament | |
Text of statute as originally enacted | |
Text of the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 (c. 2) is an act of Parliament that implements parts of the New Decade, New Approach agreement made following the three-year suspension of the Northern Ireland Executive as agreed by the Government of the United Kingdom, Government of Ireland and the political parties of Northern Ireland. [1]
Following the New Decade, New Approach agreement, the Democratic Unionist Party, Sinn Féin, the Ulster Unionist Party, the Social Democratic and Labour Party, and the Alliance Party entered into a power sharing Executive on 12 January 2020. This Executive, however, fell due to the resignation of the DUP First Minister over disputes surrounding the Northern Ireland Protocol.
According to the Northern Ireland Office, the legislation has the provisions of:
- Provide up to four, six-week periods for appointing Northern Ireland Ministers, including the First Minister and the deputy First Minister, after an election
- Provide up to four, six-week periods for appointing a First Minister and deputy First Minister after they cease to hold office (in the case of one of them resigning for instance)
- Provide that Northern Ireland Ministers remain in office after an election for up to a maximum of 24 weeks
- Where the First Minister and deputy First Minister cease to hold office, provide that other Northern Ireland Ministers remain in office for a maximum period of 48 weeks since the First Minister and deputy First Minister ceased to hold office or 24 weeks following the subsequent election (whichever is the shortest) unless the Secretary of State triggers the “sufficient representation” provisions;
- Implement reforms to the Petition of Concern mechanism in the Assembly, including a new 14-day consideration period before a valid petition can be confirmed
- Require petitioners to come from more than one Northern Ireland political party
- Prevent the mechanism being used for matter which concern the conduct of a member and for second reading votes on a Bill
- Update the code of conduct for Northern Ireland Ministers in accordance with a request from the Northern Ireland Executive and in line with New Decade, New Approach. [2]
The Government of Ireland Act 1920 was an act of the Parliament of the United Kingdom. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill or (inaccurately) as the Fourth Home Rule Act and informally known as the Partition Act. The Act was intended to partition Ireland into two self-governing polities: the six north-eastern counties were to form "Northern Ireland", while the larger part of the country was to form "Southern Ireland". Both territories were to remain part of the United Kingdom of Great Britain and Ireland and provision was made for their future reunification through a Council of Ireland. The Act was passed by the British Parliament in November 1920, received royal assent in December and came into force on 3 May 1921.
Northern Ireland is one of the four countries of the United Kingdom, situated in the north-east of the island of Ireland. It was created as a separate legal entity on 3 May 1921 under the Government of Ireland Act 1920. The new autonomous Northern Ireland was formed from six of the nine counties of Ulster: four counties with unionist majorities – Antrim, Armagh, Down, and Londonderry – and two counties with slight Irish nationalist majorities – Fermanagh and Tyrone – in the 1918 General Election. The remaining three Ulster counties with larger nationalist majorities were not included. In large part unionists, at least in the north-east, supported its creation while nationalists were opposed.
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The Sunningdale Agreement was an attempt to establish a power-sharing Northern Ireland Executive and a cross-border Council of Ireland. The agreement was signed by the British and Irish government in Sunningdale, Berkshire, on 9 December 1973. Unionist opposition, violence and a general strike caused the collapse of the agreement in May 1974.
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The First Minister and deputy First Minister of Northern Ireland are the joint heads of government of Northern Ireland, leading the Northern Ireland Executive and with overall responsibility for the running of the Executive Office. Despite the titles of the two offices, the two positions have the same governmental power, resulting in a duumvirate; the deputy first minister is not subordinate to the first minister. Created under the terms of the 1998 Good Friday Agreement, both were initially nominated and appointed by members of the Northern Ireland Assembly on a joint ticket by a cross-community vote, under consociational principles. That process was changed following the 2006 St Andrews Agreement, such that the first minister now is nominated by the largest party overall, and the deputy first minister is nominated by the largest party from the next largest community block.
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A cross-community vote or cross-community support is a form of voting used in the Northern Ireland Assembly according to the provisions of the 1998 Good Friday Agreement. It requires the support of both main communities in Northern Ireland, in other words majority of unionists and the majority of nationalist members of the Assembly. Among other reasons, it arises when the petition of concern procedure is invoked.
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