The Nature of Devolution in Scotland and Northern Ireland: Key Issues of Responsibility and Control
by Brigid Hadfield
62. The category is by means confined to this type of issue. Schedule 3 contains forty-two reserved matters. See also Lord Dubs "The reserved category includes a number of matters which the (Belfast) Agreement envisages as being suitable for transfer, in the fields of policing and justice. But not all reserved matters are.....envisaged as suitable for transfer. It may be useful for the Assembly to legislate on some of these matters (subject to ss 8 and 15), especially where there is existing Northern Ireland legislation. Putting matters in Sch 3 also preserves the flexibility to transfer parts of them, in circumstances unforeseen at present, so long as there is general agreement at Westminster and in the Assembly" (HL Debs Oct.1998).
63. This means that abortion is a reserved matter. The Abortion Act 1967, as amended, does not apply to Northern Ireland, where the law is essentially that as found in R v Bourne (1939) 1 KB 687; see T McGleenan "Bourne again? Abortion law in Northern Ireland after Re K and Re A" (1994) 45 Northern Ireland Legal Quarterly 389-394. See also In re CH unreported 18 Oct 1995.
64. It is not possible within the constraints of this article to deal with equality law. The Northern Ireland Act has several key sections on equality and the protection of human rights. Essentially, on equal opportunity, the mechanisms of enforcement are not devolved, but the substance of the law is. Cf the Scotland Act, Sch 5 head L2. See also CSSSG 998) (73) on Mainstreaming Equal Opportunities.
65. During the time of the NI Parliament, Northern Ireland was represented by thirteen MPs, reduced to twelve from 1948 on the UK abolition of the university seats. The number was increased to a number between sixteen to eighteen, by the House of Commons (Redistribution of Seats) Act 1979. It became seventeen at the 1983 General Election and eighteen for that in 1997. A strict pro rata distribution of the 659 seats would mean: England 549 (currently 529) Wales 33 (40), Scotland 59 (72) Northern Ireland 18 (18) (HC Research Paper, the Scotland Bill 98/3, at 39)
66 HCSO (1997) 152
67. HCSO (1997) 109-116
69. Any dissolution under s 31 leads to an Assembly election. For the power of prorogation, see originally clause 43. The clause on extraordinary elections "radically restructuring" this part of the Act on the Scottish model, was also added at this stage, that is, the House of Lords Committee Stage. The new section on extraordinary elections provides that such an election shall be held if an Assembly resolution to that effect is passed with the support of at least two thirds (72) of Assembly Members (not simply two thirds of those voting) or if the offices of FM and DFM are not filled within the time specified.
70. Clause 43 provided for the Queen in Council to prorogue or further prorogue the Assembly - see NI Constitution Act 1973, s 27(6) (as amended by the Northern Ireland Act 1982) for the earlier equivalent provision. Lord Dubs in recommending the deletion of clause 43 (a response to government consultation with the political parties during the summer recess) said "We see the weight in the criticism of such emergency powers; that they are planning for failure.....(In the event of the need for a 'cooling off' period) the Assembly has the power to prorogue. It can control its own sittings and set its own period of adjournment" (HL Debs 21 Oct 1998 cols 1442-1443)
71. Where one or the other ceases, through resignation or otherwise, to hold office, both offices fall vacant.
72. See s 4(5). Members of the Assembly are required to designate themselves as Unionist, Nationalist or other. See NNIA 4 Progress Report from the Committee on Standing Orders (26 Oct 1998) 12.
73. To be made by Westminster statutory instrument laid subject to the negative resolution procedure (s96(1)
74. For an illustration of a working of the formula, see Notes on Clauses
to clause 15 (now s 18) |
