Sue Hartigan <[EMAIL PROTECTED]> writes:
7. The Chair and Deputy Chair of the
Assembly will be elected on a
cross-community basis, as set out in
paragraph 5(d) above.
8. There will be a Committee for each
of
the main executive functions of the
Northern Ireland Administration. The
Chairs
and Deputy Chairs of the Assembly
Committees will be allocated
proportionally, using the d'Hondt
system.
Membership of the Committees will be
in
broad proportion to party strengths in
the
Assembly to ensure that the
opportunity of
Committee places is available to all
members.
9. The Committees will have a
scrutiny,
policy development and consultation
role
with respect to the Department with
which
each is associated, and will have a
role in
initiation of legislation. They will
have
the power to:
o consider and advise on Departmental budgets
and
Annual Plans in the context of the overall
budget allocation;
o approve relevant secondary legislation and
take
the Committee stage of relevant primary
legislation;
o call for persons and papers;
o initiate enquiries and make reports;
o consider and advise on matters brought to
the
Committee by its Minister.
10. Standing Committees other than
Departmental Committees may be
established
as may be required from time to time.
11. The Assembly may appoint a special
Committee to examine and report on
whether
a measure or proposal for legislation
is in
conformity with equality requirements,
including the ECHR/Bill of Rights. The
Committee shall have the power to call
people and papers to assist in its
consideration of the matter. The
Assembly
shall then consider the report of the
Committee and can determine the matter
in
accordance with the cross-community
consent
procedure.
12. The above special procedure shall
be
followed when requested by the
Executive
Committee, or by the relevant
Departmental
Committee, voting on a cross-community
basis.
13. When there is a petition of
concern as
in 5(d) above, the Assembly shall vote
to
determine whether the measure may
proceed
without reference to this special
procedure. If this fails to achieve
support
on a cross-community basis, as in
5(d)(i)
above, the special procedure shall be
followed.
Executive Authority
14. Executive authority to be
discharged on
behalf of the Assembly by a First
Minister
and Deputy First Minister and up to
ten
Ministers with Departmental
responsibilities.
15. The First Minister and Deputy
First
Minister shall be jointly elected into
office by the Assembly voting on a
cross-community basis, according to
5(d)(i)
above.
16. Following the election of the
First
Minister and Deputy First Minister,
the
posts of Ministers will be allocated
to
parties on the basis of the d'Hondt
system
by reference to the number of seats
each
party has in the Assembly.
17. The Ministers will constitute an
Executive Committee, which will be
convened, and presided over, by the
First
Minister and Deputy First Minister.
18. The duties of the First Minister
and
Deputy First Minister will include,
inter
alia, dealing with and co-ordinating
the
work of the Executive Committee and
the
response of the Northern Ireland
administration to external
relationships.
19. The Executive Committee will
provide a
forum for the discussion of, and
agreement
on, issues which cut across the
responsibilities of two or more
Ministers,
for prioritising executive and
legislative
proposals and for recommending a
common
position where necessary (e.g. in
dealing
with external relationships).
20. The Executive Committee will seek
to
agree each year, and review as
necessary, a
programme incorporating an agreed
budget
linked to policies and programmes,
subject
to approval by the Assembly, after
scrutiny
in Assembly Committees, on a
cross-community basis.
21. A party may decline the
opportunity to
nominate a person to serve as a
Minister or
may subsequently change its nominee.
22. All the Northern Ireland
Departments
will be headed by a Minister. All
Ministers
will liaise regularly with their
respective
Committee.
23. As a condition of appointment,
Ministers, including the First
Minister and
Deputy First Minister, will affirm the
terms of a Pledge of Office (Annex A)
undertaking to discharge effectively
and in
good faith all the responsibilities
attaching to their office.
24. Ministers will have full executive
authority in their respective areas of
responsibility, within any broad
programme
agreed by the Executive Committee and
endorsed by the Assembly as a whole.
25. An individual may be removed from
office following a decision of the
Assembly
taken on a cross-community basis, if
(s)he
loses the confidence of the Assembly,
voting on a cross-community basis, for
failure to meet his or her
responsibilities
including, inter alia, those set out
in the
Pledge of Office. Those who hold
office
should use only democratic,
non-violent
means, and those who do not should be
excluded or removed from office under
these
provisions.
Legislation
26. The Assembly will have authority
to
pass primary legislation for Northern
Ireland in devolved areas, subject to:
(a) the ECHR and any Bill of
Rights for Northern Ireland
supplementing it which, if
the
courts found to be breached,
would render the relevant
legislation null and void;
(b) decisions by simple
majority
of members voting, except
when
decision on a
cross-community
basis is required;
(c) detailed scrutiny and
approval in the relevant
Departmental Committee;
(d) mechanisms, based on
arrangements proposed for
the
Scottish Parliament, to
ensure
suitable co-ordination, and
avoid
disputes, between the
Assembly
and the Westminster
Parliament;
(e) option of the Assembly
seeking to include Northern
Ireland provisions in United
Kingdom-wide legislation in
the
Westminster Parliament,
especially on devolved
issues
where parity is normally
maintained (e.g. social
security,
company law).
27. The Assembly will have authority
to
legislate in reserved areas with the
approval of the Secretary of State and
subject to Parliamentary control.
28. Disputes over legislative
competence
will be decided by the Courts.
29. Legislation could be initiated by
an
individual, a Committee or a Minister.
Relations with other institutions
30. Arrangements to represent the
Assembly
as a whole, at Summit level and in
dealings
with other institutions, will be in
accordance with paragraph 18, and will
be
such as to ensure cross-community
involvement.
31. Terms will be agreed between
appropriate Assembly representatives
and
the Government of the United Kingdom
to
ensure effective co-ordination and
input by
Ministers to national policy-making,
including on EU issues.
32. Role of Secretary of State:
(a) to remain responsible
for NIO
matters not devolved to the
Assembly, subject to regular
consultation with the
Assembly
and Ministers;
(b) to approve and lay
before the
Westminster Parliament any
Assembly legislation on
reserved
matters;
(c) to represent Northern
Ireland
interests in the United
Kingdom
Cabinet;
(d) to have the right to
attend
the Assembly at their
invitation.
33. The Westminster Parliament (whose
power
to make legislation for Northern
Ireland
would remain unaffected) will:
(a) legislate for
non-devolved
issues, other than where the
Assembly legislates with the
approval of the Secretary of
State and subject to the
control
of Parliament;
(b) to legislate as
necessary to
ensure the United Kingdom's
international obligations
are met
in respect of Northern
Ireland;
(c) scrutinise, including
through
the Northern Ireland Grand
and
Select Committees, the
responsibilities of the
Secretary
of State.
--
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