New bill gives March date for a Stormont election

The Northern Ireland (St Andrews Agreement) Bill, has as expected included provisions for a Stormont election in March and outlined…

The Northern Ireland (St Andrews Agreement) Bill, has as expected included provisions for a Stormont election in March and outlined a host of changes to the operation of the Assembly and Executive.

The bill, which will be introduced in the House of Commons next Thursday by Northern Secretary Peter Hain, comprises four sections. These deal with preparation for restoration of devolution; amendments to the Northern Ireland Act 1998 which followed the Belfast Agreement; other amendments dealing with academic selection in education and local accountability of police; and a host of miscellaneous issues.

Under the first of these sections, the bill sets out powers to recall the Assembly in "Transitional" mode on November 24th.

Members will prepare for devolution next spring, beginning with an inaugural meeting of the Programme for Government Committee on Monday.

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The Transitional Assembly will see more powers for the Speaker and additional self-regulating capacity for MLAs. They will also have a remit to fine-tune standing orders and the ministerial code for ministers when the restored institutions "go live" on March 26th.

The Assembly will continue in transitional mode until dissolution on January 30th, when the March 7th election will be called.

Those members of the Assembly nominated to contest the election will continue to be paid throughout the ensuing campaign.

The bill's second section details changes to the legislative structures of the Belfast Agreement.

Specifically, it outlines a Ministerial Code for Executive members and the powers of individual ministers. The First Minister and Deputy First Minister will be nominated by the lead unionist and nationalist parties respectively within a week of the new Assembly's first meeting - a significant departure from the mechanisms envisaged under the Belfast Agreement.

The Executive will also gain the power to consider ministerial decisions should they be referred by petition signed by 30 Assembly members.

Ministers will also be expected to partake fully in the North-South structures of the Agreement and in the British-Irish Council.The bill also refers to a committee formed on a statutory basis for the Office of First Minister and Deputy First Minister which will "advise and assist" the joint office holders. This section of the bill also details the pledge of office which ministers will be expected to take when going into office in March.

Such a pledge will require ministers to honour the interests of the whole community, to participate fully in the all-Ireland structures and British-Irish arrangements, observe the joint nature of the offices of First Minister and Deputy First Minister, and, crucially uphold the police, courts and rule of law as detailed in paragraph 6 of the St Andrews Agreement.

This paragraph, agreed by the two governments in Scotland last month, states: "We believe that the essential elements of support for law and order include endorsing fully the PSNI and the criminal justice system, actively encouraging everyone in the community to co-operate fully with the PSNI in tackling crime in all areas and actively supporting all the policing and criminal justice institutions including the Policing Board."

In another departure from previous arrangements, members will no longer be able to switch "designation" as a unionist or nationalist unless they change party.

Pledge of office: what ministers must sign up to

In the previous Assembly members could, and did, change from being a "unionist", "nationalist" or "other" thus influencing the power of the respective voting blocs within the chamber.Under the pledge of office, ministers will be required: "to promote the interests of the whole community represented in the Northern Ireland Assembly towards the goal of a shared future; to participate fully in the Executive Committee, the North-South Ministerial Council and the British-Irish Council; to observe the joint nature of the offices of First Minister and Deputy First Minister; to uphold the rule of law based as it is on the fundamental principles of fairness, impartiality and democratic accountability, including support for policing and the courts as set out in paragraph 6 of the St Andrews Agreement."