The Northern Ireland Assembly

1. The Northern Ireland Assembly Frances McCandless Director of Policy, NICVA

2. Devolution The transfer of certain powers from a central government to a regional government. Allows decisions to be made at a level closer to the people they affect. Central government retains power over certain areas. Northern Ireland continues to elect MPs to the UK Parliament�s House of Commons and the Secretary of State continues to represent Northern Ireland�s interests in the UK Cabinet. Scotland and Wales. Scottish Parliament is the most powerful devolved legislature as it has tax varying powers. Scotland and Wales. Scottish Parliament is the most powerful devolved legislature as it has tax varying powers.

3. Devolution What do you know about devolution in NI? Can you name the main parties? Scotland and Wales. Scottish Parliament is the most powerful devolved legislature as it has tax varying powers. Scotland and Wales. Scottish Parliament is the most powerful devolved legislature as it has tax varying powers.

5. Transferred matters

6. Transferred matters

7. Reserved and excepted matters areas which Westminster still retains responsibility for (through NIO) Criminal law Police Navigation and civil aviation International trade and financial markets Telecommunications/postage The foreshore and sea bed Disqualification from Assembly membership Consumer safety International relations Defence and armed forces Nationality, immigration and asylum Taxes levied across the United Kingdom as a whole Appointment of senior judges Currency Conferring of honours

8. St Andrews Agreement Ministers - more accountable to the Executive and the Assembly - legally binding Ministerial Code No election of FM and DFM Specific reference in Pledge of Office to support for the �rule of law�; joint nature of OFMDFM and participating in ALL the institutions. Committee of the Centre will be Statutory NEW: An Assembly and Executive Review Committee No re-designation except when a Member changes party Greater accountability of North-South Institutions

12. At the first plenary meeting of the 2nd mandate one of the things the members will have to do is sign the register as Members of the Assembly, they must designate themselves as �Nationalist�, �Unionist� or �Other�. Most decisions passed in Assembly are taken by simple majority. Most parties have meetings of MLAs on Monday mornings to review the business for the week, decide who is going to speak and what the party line will be ie the party whip. It is very unusal for MLAs to vote against the party whip. Political designation is important as some decisions need to be taken by cross community support. They tend to be the more controversial issues such as education or Irish Language. Any MLA can table a Petition of Concern and ask the speaker to rule on this. In these cases a decision can only be taken if the majority of nationalist and the majority of unionists agree. At the first plenary meeting of the 2nd mandate one of the things the members will have to do is sign the register as Members of the Assembly, they must designate themselves as �Nationalist�, �Unionist� or �Other�. Most decisions passed in Assembly are taken by simple majority. Most parties have meetings of MLAs on Monday mornings to review the business for the week, decide who is going to speak and what the party line will be ie the party whip. It is very unusal for MLAs to vote against the party whip. Political designation is important as some decisions need to be taken by cross community support. They tend to be the more controversial issues such as education or Irish Language. Any MLA can table a Petition of Concern and ask the speaker to rule on this. In these cases a decision can only be taken if the majority of nationalist and the majority of unionists agree.

13. NI Executive. Headed by a First Minister and deputy First Minister � jointly A multi-party, consociational Executive Ten Ministers each have full ministerial responsibility Appointed using a mathematical system (d�Hondt) Discusses issues which cut across the responsibilities of 2 or more Ministers. Prioritises government proposals and plans, producing budget and Programme for Government.

14. First Minister deputy First Minister Minister for Agriculture and Rural Development Minister for Culture Arts and Leisure Minister for Education Minister for Employment and Learning Peter Robinson Martin McGuiness Michelle Gildernew Nelson McCausland Catronia Ruane Sir Reg Empey

15. Minister for Enterprise, Trade and Investment Minister of the Environment Minister of Finance and Personnel Minister of Health, Social Services and Public Safety Minister for Regional Development Minister for Social Development Arlene Foster Edwin Poots Sammy Wilson Micheal McGimpsey Conor Murphy Margaret Richie

16. The Northern Ireland Assembly 108 MLAs Functions Passing legislation Scrutiny Representation Legislation This role is largely one of scrutinising Executive Bills, ie those initiated by Ministers. However, an individual Member may initiate a Bill and so may a Committee. Detailed process for developing new laws which we will touch on later but all laws must be debated on in the Chamber, all parts of them agreed and a final vote must be taken before it is sent off for Royal Assent. All MLAs have an opportunity to influence the new law and can propose changes. Scrutiny � MLAs are elected by the people, not Ministers. Ministers have considerable power and the Assembly must ensure that it is exercised in the interests of the people. It does this through work in committees where they shadow and check the work of the executive departments, and also through their questioning of ministers and participation in debates in the Chamber. MLAs must represent their constituency � listen to the views of the people who elected them and try to make sure that they are taken into account when decisions are made. They have offices in their constituencies where they listen to constituent�s views/problems and try to help sort out problems, debate issues in the Chamber that concern their area, and ask ministers questions during question time, (e.g. may ask about local road conditions to Minister of Environment) and also through their involvement in committees. Legislation This role is largely one of scrutinising Executive Bills, ie those initiated by Ministers. However, an individual Member may initiate a Bill and so may a Committee. Detailed process for developing new laws which we will touch on later but all laws must be debated on in the Chamber, all parts of them agreed and a final vote must be taken before it is sent off for Royal Assent. All MLAs have an opportunity to influence the new law and can propose changes. Scrutiny � MLAs are elected by the people, not Ministers. Ministers have considerable power and the Assembly must ensure that it is exercised in the interests of the people. It does this through work in committees where they shadow and check the work of the executive departments, and also through their questioning of ministers and participation in debates in the Chamber. MLAs must represent their constituency � listen to the views of the people who elected them and try to make sure that they are taken into account when decisions are made. They have offices in their constituencies where they listen to constituent�s views/problems and try to help sort out problems, debate issues in the Chamber that concern their area, and ask ministers questions during question time, (e.g. may ask about local road conditions to Minister of Environment) and also through their involvement in committees.

17. A week in the Assembly Monday: Party meetings in the morning Plenary session and Question Time Tuesday: Plenary Session Wednesday: Committee Meetings, all party group etc Thursday: Committee meetings, all party groups etc Friday: Constituency day.

18. Proceeding of the Assembly Monday and Tuesday Proceedings held in public Begin with prayers/private reflection Quorum � 10, including the Speaker Categories of Business Executive Business Committee Business Private Members Business Questions Questions commence at 2.30pm and finish at 4.00pm on Mondays There may be an adjournment debate at the end of a sitting This is public meeting and any member of the public can view plenary sessions from the public gallery by coming in like you have today, getting a pass, and being escorted to the public gallery to observe proceedings. Seats are allocated on a first come, first served basis. It is strictly to observe though and those in the gallery must not interrupt proceedings or they will be escorted out again!! The session begins with time for private reflection - the public are not present at this stage. Bullet 4 � the quorum is 10, including the Speaker Bullet 5 Executive Business: usually consideration of Bills being brought forward � or could be an update on a current crisis � a Ministerial statement, eg, Foot and Mouth. Committee Business, eg, reports Questions � which we will look at in a moment Adjournment Debate: proposed by a backbencher and usually deal with constituency related matter. Eg condition of �A� class roads in West Tyrone, or maternity provision in S. Belfast (M. McWilliams). No vote. The Official Report � Hansard � a day to day record of the Assembly � what is said and what decisions are made. This is public meeting and any member of the public can view plenary sessions from the public gallery by coming in like you have today, getting a pass, and being escorted to the public gallery to observe proceedings. Seats are allocated on a first come, first served basis. It is strictly to observe though and those in the gallery must not interrupt proceedings or they will be escorted out again!! The session begins with time for private reflection - the public are not present at this stage. Bullet 4 � the quorum is 10, including the Speaker Bullet 5 Executive Business: usually consideration of Bills being brought forward � or could be an update on a current crisis � a Ministerial statement, eg, Foot and Mouth. Committee Business, eg, reports Questions � which we will look at in a moment Adjournment Debate: proposed by a backbencher and usually deal with constituency related matter. Eg condition of �A� class roads in West Tyrone, or maternity provision in S. Belfast (M. McWilliams). No vote. The Official Report � Hansard � a day to day record of the Assembly � what is said and what decisions are made.

19. Example of Private Members Business Tuesday 27 January That this Assembly states its concern at the failure of the Office of the First and deputy First Minister to meet its own deadlines for the publication of a draft strategy for Cohesion, Sharing and Integration, Incorporating the Racial Equality Strategy; expresses its concern at The marginalisation of the existing Shared Future Framework and Action Plan and the resultant absence of a clear policy on community relations; and demands that the Department urgently brings forward detailed proposals for addressing the continued problems and consequences arising from division and segregation Dr Stephen Farry, Naomi Long David Ford Tuesday Tuesday

20. Questions must not be disguised statements or arguments, or be made in a spirit of mockery or designed merely to annoy. Unless strictly necessary, they should not name individuals. Bullet 4 Oral Questions are where the Minister has to stand up and give his/her reply during a plenary meeting of the Assembly. Civil Servants prepare the answers for their ministers. they are a very important part of the scrutiny process of the Executive. Bullet 5 3 ministers and the work of their departments were questioned each Monday between 2.30 and 4pm. OFMDFM every 2 weeks, Ministers every 4 weeks, Commission every 12 weeks. Bullet 6 Questions randomly selected by computer and those not chosen will fall. Questions are submitted to the Business Office and can be by hand, post, or fax, but not by email. MLA can table 5 written questions per day and 3 oral questions (1 per dept) at Question Time. The Business Office may make minor changes to the wording. Each member who tables a question can pose a supplementary question. Often tabled questions are general and vague, e.g. �asked the Office of the First Minister and the Deputy First Minister to detail the date of the next Executive meeting�� The Minister needs to be very well briefed to deal with any supplementary questions. Less than 10 questions will be answered during QT, often just 6. The rest will receive written answers. Bullet 7 Questions are tabled almost 2 weeks in advance so Ministers have time to prepare answers. Orals are published on the Wednesday morning for answer the Monday 12 days after so Ministers have this time to prepare answers. Written answers can be sought at only 2 days notice, though anything less than the (default) 10 days would need to be for a good reason. Questions must not be disguised statements or arguments, or be made in a spirit of mockery or designed merely to annoy. Unless strictly necessary, they should not name individuals. Bullet 4 Oral Questions are where the Minister has to stand up and give his/her reply during a plenary meeting of the Assembly. Civil Servants prepare the answers for their ministers. they are a very important part of the scrutiny process of the Executive. Bullet 5 3 ministers and the work of their departments were questioned each Monday between 2.30 and 4pm. OFMDFM every 2 weeks, Ministers every 4 weeks, Commission every 12 weeks. Bullet 6 Questions randomly selected by computer and those not chosen will fall. Questions are submitted to the Business Office and can be by hand, post, or fax, but not by email. MLA can table 5 written questions per day and 3 oral questions (1 per dept) at Question Time. The Business Office may make minor changes to the wording. Each member who tables a question can pose a supplementary question. Often tabled questions are general and vague, e.g. �asked the Office of the First Minister and the Deputy First Minister to detail the date of the next Executive meeting�� The Minister needs to be very well briefed to deal with any supplementary questions. Less than 10 questions will be answered during QT, often just 6. The rest will receive written answers. Bullet 7 Questions are tabled almost 2 weeks in advance so Ministers have time to prepare answers. Orals are published on the Wednesday morning for answer the Monday 12 days after so Ministers have this time to prepare answers. Written answers can be sought at only 2 days notice, though anything less than the (default) 10 days would need to be for a good reason.

21. Monday 19 JanuaryExample of a question for oral answer To ask the Minister of Education to detail the legal restrictions she would face in unilaterally seeking to remove academic selection. David Simpson

22. Example of a question for written answer To ask the Office of the First and deputy First Minister what policies; and practices in its Department have been changed by delivering the 3% efficiency savings required under the Budget 2008-11 Stephen Farry

23. How legislation is passed First Stage: Introduction Second Stage: debate on general principles Committee Stage: more detailed investigation Consideration Stage: Consideration of amendments Further Consideration Stage: �Tidying Up� Stage Final Stage: Passage or rejection of Bill (without further amendment) Royal Assent Passage of Legislation is generally a 6 stage process, not going through it all but it is a lengthy and thorough process 1st � Minister formally introduces Bill, Clerk reads long title into the record, Speaker orders Bill to be printed. 2nd � Debate on general principles, want members to agree on the idea, what it is trying to do. 3rd stage � Committee Stage. Bill Clerk allocated to each Bill and will advise on anything the Committee needs. 4th stage � Consideration Stage� 1st opportunity for assembly to vote on all clauses, etc usually 2/3 weeks after Committee Report (Committee cannot amend can only propose amendments) 5th stage � Further Consideration stage - final opportunity to amend, only votes if amendments proposed, otherwise just moved by Minister. 6th stage � same as second stage, standard motion, Bill can either be voted down or voted through Royal Assent � Clerk to the Crown (HRH rep in NI) will phone Speaker and say �that Assent has been received�. Speaker will announce it plenary. There is another possible stage � Reconsideration. This has not been used to date and is if legal issues have been noted by the Attorney General. In NI, a Bill passed by the Assembly goes to the SoS rather than directly to the Privy Council, for Royal Assent. The SoS will check that it falls within the legislative competence of the Assembly. If one clause, possibly relating to taxation, is outside its powers, it is sent back for reconsideration. Timescale Most Bills take at least 3 months to get through the Assembly. (An Order in Council will get a couple of hours debate/consideration at most.) Timescale on getting a Bill ready for introduction can be 3-5 years. (Drafting issues, competency SoS, HR and equality issues, clearance with other Depts (new hospital may need roads)(children�s commissioner overlapped Health & Education), consultation with relevant Committee, etc. Important to do prep work to ensure it doesn�t fall in the House. Accelerated Passage � Budget Bills (of a technical nature) and other Bills, eg parity social security bills can get approval for �accelerated passage� which removes the Committee Stage and shortens the timescale to 3 weeks. This process means that individual MLAs have the opportunity to change draft legislation. E.g David Ford�s amendment to the Game Preservation Order which proposed that those taking hares for coursing would only get a licence granted by the Minister if Minister was convinced it would not damage the hare population. NIO Minister Angela smith is keen environmentalist and has used this as justification not to issue any licences since. Peter Robinson�s amendment to the Dogs Act 2001 was immediately accepted by Minister, Brid Rogers. Robinson stated that in all his time as an MP/MLA, this was the first time an amendment he had proposed had been accepted. Passage of Legislation is generally a 6 stage process, not going through it all but it is a lengthy and thorough process 1st � Minister formally introduces Bill, Clerk reads long title into the record, Speaker orders Bill to be printed. 2nd � Debate on general principles, want members to agree on the idea, what it is trying to do. 3rd stage � Committee Stage. Bill Clerk allocated to each Bill and will advise on anything the Committee needs. 4th stage � Consideration Stage� 1st opportunity for assembly to vote on all clauses, etc usually 2/3 weeks after Committee Report (Committee cannot amend can only propose amendments) 5th stage � Further Consideration stage - final opportunity to amend, only votes if amendments proposed, otherwise just moved by Minister. 6th stage � same as second stage, standard motion, Bill can either be voted down or voted through Royal Assent � Clerk to the Crown (HRH rep in NI) will phone Speaker and say �that Assent has been received�. Speaker will announce it plenary. There is another possible stage � Reconsideration. This has not been used to date and is if legal issues have been noted by the Attorney General. In NI, a Bill passed by the Assembly goes to the SoS rather than directly to the Privy Council, for Royal Assent. The SoS will check that it falls within the legislative competence of the Assembly. If one clause, possibly relating to taxation, is outside its powers, it is sent back for reconsideration. Timescale Most Bills take at least 3 months to get through the Assembly. (An Order in Council will get a couple of hours debate/consideration at most.) Timescale on getting a Bill ready for introduction can be 3-5 years. (Drafting issues, competency SoS, HR and equality issues, clearance with other Depts (new hospital may need roads)(children�s commissioner overlapped Health & Education), consultation with relevant Committee, etc. Important to do prep work to ensure it doesn�t fall in the House. Accelerated Passage � Budget Bills (of a technical nature) and other Bills, eg parity social security bills can get approval for �accelerated passage� which removes the Committee Stage and shortens the timescale to 3 weeks. This process means that individual MLAs have the opportunity to change draft legislation. E.g David Ford�s amendment to the Game Preservation Order which proposed that those taking hares for coursing would only get a licence granted by the Minister if Minister was convinced it would not damage the hare population. NIO Minister Angela smith is keen environmentalist and has used this as justification not to issue any licences since. Peter Robinson�s amendment to the Dogs Act 2001 was immediately accepted by Minister, Brid Rogers. Robinson stated that in all his time as an MP/MLA, this was the first time an amendment he had proposed had been accepted.

24. Committees Committees are very important in the Northern Ireland Assembly. As the 4 main parties are in the Govt/Executive there is no �official opposition�. This main opposition role has been given to Committees. This is a very different system than under Direct Rule, when local politicians have no say in Dept decision making. Under devolution Committees can keep a very close eye on the work of Departments and influence policy. They scrutinise the Ministers and their Departments and try to ensure that they do a good job. It it where most of the day-to-day business is done, as MLAs get a chance to get together in smaller groups and concentrate on specific issues. Statutory � which shadow ministers and departments Standing - set up to help the business of the Assembly Ad-hoc committees, as name suggests, exist for as long as they deal with particular issues e.g. proceeds of crime Bullet 3 D�Hondt is used to allocate chairs and deputy chairs, and it is expected that parties will choose a Committee in which they do not already have an interest i.e. a ministerial post. This ensures proportionality/power sharing and effective scrutiny. Bullet 4 There are usually 11 MLAs on a committee (usually 3,3,2,2,1 other). The 11 members of each statutory committee are representative of make up of parties and most committees comprise members from at least five of the political parties (3,3,2,2,1). Decisions therefore are cross party and if debated on the floor should be supported by all parties. Bullet 5 All MLAs are offered places on Committees, however not all choose to take them up. There were 184 committee places, and out of the 108 MLAs elected to the first mandate 84 MLAs sat on committees. Ministers obviously can�t, and some key party members also chose not to, eg. Gerry Adams, John Taylor. V heavy work load for some MLAs, 25 sitting on 3 or more committees, with 8 on 4. All Committee meetings are recorded on audio, and a written record is kept. Lets have a brief look at the different types�. Committees are very important in the Northern Ireland Assembly. As the 4 main parties are in the Govt/Executive there is no �official opposition�. This main opposition role has been given to Committees. This is a very different system than under Direct Rule, when local politicians have no say in Dept decision making. Under devolution Committees can keep a very close eye on the work of Departments and influence policy. They scrutinise the Ministers and their Departments and try to ensure that they do a good job. It it where most of the day-to-day business is done, as MLAs get a chance to get together in smaller groups and concentrate on specific issues. Statutory � which shadow ministers and departments Standing - set up to help the business of the Assembly Ad-hoc committees, as name suggests, exist for as long as they deal with particular issues e.g. proceeds of crime Bullet 3 D�Hondt is used to allocate chairs and deputy chairs, and it is expected that parties will choose a Committee in which they do not already have an interest i.e. a ministerial post. This ensures proportionality/power sharing and effective scrutiny. Bullet 4 There are usually 11 MLAs on a committee (usually 3,3,2,2,1 other). The 11 members of each statutory committee are representative of make up of parties and most committees comprise members from at least five of the political parties (3,3,2,2,1). Decisions therefore are cross party and if debated on the floor should be supported by all parties. Bullet 5 All MLAs are offered places on Committees, however not all choose to take them up. There were 184 committee places, and out of the 108 MLAs elected to the first mandate 84 MLAs sat on committees. Ministers obviously can�t, and some key party members also chose not to, eg. Gerry Adams, John Taylor. V heavy work load for some MLAs, 25 sitting on 3 or more committees, with 8 on 4. All Committee meetings are recorded on audio, and a written record is kept. Lets have a brief look at the different types�.

26. Bullet 1 Each party is represented by their Party Whip and deputy whip. Bullet 2 Any change to Standing Orders must be voted on in the chamber and must receive cross community support. Bullet 4 One privilege Members have is the protection from a lawsuit for libel in relation to anything they say in the Assembly or Committees. Bullet 5 PAC is well known for its investigation into the NITB. Its job is to investigate financial irregularities within Depts. Big change from Direct Rule in that senior civil servants and Dept Private Secretaries could be called before this committee and asked to justify spending decisions they had made Bullet 1 Each party is represented by their Party Whip and deputy whip. Bullet 2 Any change to Standing Orders must be voted on in the chamber and must receive cross community support. Bullet 4 One privilege Members have is the protection from a lawsuit for libel in relation to anything they say in the Assembly or Committees. Bullet 5 PAC is well known for its investigation into the NITB. Its job is to investigate financial irregularities within Depts. Big change from Direct Rule in that senior civil servants and Dept Private Secretaries could be called before this committee and asked to justify spending decisions they had made

28. Adjournment debate Tuesday 6 October Primary School Education in South Belfast Alasdair McDonnell

30. Lobbying Tools. Consultations Debates Statutory Committees Adjournment Debates Political Parties Questions

31. Recent survey of MLAs (including Ministers): All in contact with large numbers of orgs Most a member or committee member themselves All view the sector as experts in various areas All judged the sector as valuable or very valuable in local communities Almost all said sector had an influence on their position (and some on their party�s position) Most said sector doesn�t understand role of political representative eg approach wrong person about an issue, come too early or too late, don�t understand processes and procedures

32. Case study � child poverty inquiry Return of devolution coincided with Save the Children NI drawing together stats on child poverty Event with MLAs to raise awareness � lot of interest Approached OFMDFM committee � Clerk, Chair and members with briefing document � problems and solutions Raised issue of Inquiry with Chair � Chair and Clerk both keen �because you asked� 1st committee Inquiry Issue on which members could work together � not contentious Met individually with all members during summer2007

33. SCF suggested TOR and possible witnesses Constant contact with Clerk Inquiry agreed on in the autumn � SCF first and last evidence SCF developed capacity in other orgs to provide evidence Briefed MLAs individually on technical aspects eg defn, measurement External events eg card campaign Report ready April 2008 Dept responded to report SCF followed up with child-focused analysis of budget � momentum Committee pursuing further through anti-poverty strategy Highlighted dept weakness � responsibility but no power Language of child poverty more common Different approaches to different parties (social justice v rights)

34. Future scenarios? Failure to devolve policing and justice Assembly collapses Current stalemate continues Different balance of parties in Assembly elections 2011 Committees bring forward more legislation Return of Civic Forum Economic pressures diminish voice of sector Or sector seen as important delivery partner White Paper/Framework Structures changed � no of depts, designation, voting system