Standing Orders

1. Standing Orders detail the procedures which regulate the way the Northern Ireland Assembly carries out its business. At present there are 81 Standing Orders and they range from detailing the times the Assembly may sit to the rules concerning establishment of committees to assist the Assembly.

2. Under section 41 of the Northern Ireland Act 1998, Standing Orders shall not be made, amended or repealed without cross-community support from members.

3. Further information on Standing Orders can be obtained from Ms Stella McArdle, Clerk to the Committee on Procedures, Tel: 02890 521475 or email: stella.mcardle@niassembly.gov.uk

A. PRELIMINARY ARRANGEMENTS 1 - 6

B. OPERATIONS OF THE ASSEMBLY 7 - 24

C. VOTING 25 - 29

D. LEGISLATION 30 - 43

E. MINISTERIAL APPOINTMENTS 44 - 45

F. COMMITTEES 46 - 64

G. GOOD ORDER 65 - 68

H. STANDARDS AND PRIVILEGE 69 - 70

I. OTHER ORDERS 71 - 81

Note: Standing Orders were re-numbered as part of the summer 2008 re-print.

Contents

Preliminary Arrangements

1. The Speaker

2. Notice of First Meeting of New Assembly

3. Procedure at First Meeting of New Assembly

4. Election of Speaker

5. Deputy Speakers

6. Procedure when Office of Speaker becomes vacant

Operations of the Assembly

7. Proceedings to be held in public

8. Prayers

9. Quorum

10. Sittings and Adjournments of the Assembly

11. Earlier Meetings of the Assembly

12. Public Business

13. Private Business

14. Seconders

15. Amendments

16. Delaying Motions

17. Speeches in the Assembly

18. Statements

19. Questions

20. Private Notice Questions

21. Adjournment Debates

22. Public Petition

23. Presentation of Papers and Accounts

24. Matters of the Day

Voting

25. Closure of Debate

26. Voting – General

27. Voting where the Speaker’s Decision is Challenged

28. Petition of Concern

29. Referral of a Ministerial decision to the Executive Committee

Legislation

30. Public Bills: Introduction and First Stage

31. Stages in Consideration of Public Bills

32. Public Bills: Second Stage

33. Public Bills: Committee Stage

34. Public Bills: Human Rights Issues

35. Public Bills: Equality Issues

36. Public Bills: Consideration Stage

37. Public Bills: Further Consideration Stage

38. Public Bills: Amendments

39. Public Bills: Final Stage

40. Public Bills: Reconsideration

41. Public Bills: Explanatory and Financial Memoranda

42. Public Bills: Special Scheduling Requirements

43. Scrutiny of Statutory Rules

Ministerial Appointments, etc. - Time Limits

44. Ministerial offices

45. Junior Ministers

Committees

46. Committees of the Assembly — General

47. Statutory Committees

48. Establishment of Statutory Committees

49. Membership of Statutory Committees

50. Non-Statutory Committees

51. Establishment of Standing Committees

52. Membership of Standing Committees

53. Establishment of Ad Hoc Committees

54. Committee on Procedures

55. Business Committee

56. Public Accounts Committee

57. Committee on Standards and Privileges

58. Audit Committee

59. Assembly and Executive Review Committee

60. Ad Hoc Committee on Conformity with Equality Requirements

61. Service on Committees

62. Committee Members Voting in the Chamber

63. Sub Committees

64. Matters Of Joint Concern: Options Available To Committees

64A. Matters Of Joint Concern: Disposal By One Committee

64B. Matters Of Joint Concern: Committees Sitting Concurrently

64C. Matters Of Joint Concern: Establishment Of Joint Committee

Good Order

65. Order in the Assembly

66. Visitors to the Assembly

67. Visitors to Committee

68. Director of Properties

Standards and Privilege

69. Members’ Interests

70. Privilege

Other Orders

71. Oath

72. Administration of Oath

73. Sub Judice

74. News Media

75. Office of Clerk and Records of the Assembly

76. Remuneration and Pensions

77. Suspension of Standing Orders

78. Language

79. Appointments to the Assembly Commission

80. Official Report (Hansard)

81. Interpretation

Preliminary Arrangements

1. THE SPEAKER

(1) A Presiding Officer of the Assembly elected under section 39 of the Northern Ireland Act 1998 may be called “Mr Speaker”, “Madam Speaker” or “Speaker”, and is referred to in the remaining provisions of these Standing Orders as “the Speaker”.

(2) The Speaker’s ruling shall be final on all questions of procedure and order.

(3) A Deputy Presiding Officer of the Assembly elected under section 39 of the Northern Ireland Act 1998 may be called “Mr Deputy Speaker”, “Madam Deputy Speaker” or “Deputy Speaker” and is referred to in the remaining provisions of these Standing Orders as “a Deputy Speaker”.

2. NOTICE OF FIRST MEETING OF NEW ASSEMBLY

(1) After an Assembly election, the Clerk to the Assembly (in these Standing Orders referred to as “the Clerk”) shall send a notice to each member -

(a) stating that a meeting of the Assembly will be held as required by section 31(4) of the Northern Ireland Act 1998, and

(b) stating the place and time and date of the meeting.

(2) The Clerk shall send the notice as soon as may be after the election and in any event at least three days before the time stated in the notice.

3. PROCEDURE AT FIRST MEETING OF NEW ASSEMBLY

(1) At the first meeting of an Assembly after dissolution, members having met at the place and time appointed for that meeting -

(a) the clerk shall read the notice sent under Standing Order 2(2) convening the meeting; and

(b) the outgoing Speaker shall take the chair.

(2) If, for any reason, the outgoing Speaker cannot take the chair, it shall be taken by an Acting Speaker, who shall be the eldest member of the Assembly.

(3) Members shall then take their seats by signing the Assembly’s Roll of Membership. A member shall be regarded as having taken his or her seat when he or she signs the Roll of Membership. The decision of the Speaker or Acting Speaker as to whether a member has taken his or her seat in accordance with this paragraph shall be final.

(4) All members shall have the opportunity to take their seats in the manner prescribed in paragraph (3) before any other formal business is conducted in the Assembly.

(5) The Roll of Membership shall be located in the Chamber during sitting days until it has been signed by every member. A member may sign the Roll of Membership either before the election of the Speaker or at any time during a sitting of the Assembly, before public business has been entered upon or after it has been disposed of, but no debate or business shall be interrupted for that purpose.

(6) A member shall not participate in Assembly proceedings or have title to the privileges of office until they have signed the Roll of Membership.

(7) After signing the Roll a member may enter in the Roll a designation of identity, being “Nationalist”, “Unionist” or “Other”. A member who does not register a designation of identity shall be deemed to be designated “Other” for the purposes of these Standing Orders and the Northern Ireland Act 1998.

(8) A member may change his or her designation of identity only if -

(a) (being a member of a political party) he or she becomes a member of a different political party or he or she ceases to be a member of any political party;

(b) (not being a member of any political party) he or she becomes a member of a political party.

Any such change takes effect immediately after notification in writing is submitted to the Speaker.

(9) The Clerk shall draw up a list of the party affiliations of the members. Each member shall have the opportunity to confirm or correct his or her affiliation as stated in that list.

(10) A member may change his or her party affiliation at any time. Any such change takes effect seven calendar days after notification in writing is submitted to the Speaker.

4. ELECTION OF SPEAKER

(1) When all members have had the opportunity to take their seats and register their party affiliation and designation of identity in the manner prescribed in Standing Order 3, the Assembly shall proceed to elect a Speaker in the following manner.

(2) If the outgoing Speaker is in the chair and is seeking re-election as Speaker, he or she shall leave the chair, and the chair shall be taken by an Acting Speaker, who shall be the eldest member of the Assembly who is not seeking election as Speaker.

(3) Any member, addressing himself or herself to the outgoing Speaker or Acting Speaker, may propose a candidate (a member whether or not present) to the Assembly for the Office of Speaker and move “That …………. be Speaker of this Assembly”. If that motion is seconded, the candidate proposed and seconded may accept nomination by making an oral or written statement to that effect.

(4) Where a candidate is proposed and seconded and has accepted nomination as a candidate for the Office of Speaker, the outgoing Speaker or Acting Speaker shall then ask “Is there any further proposal?” and-

(a) if there is no further proposal the outgoing Speaker or Acting Speaker shall say “The time for proposals has expired” and a debate relevant to the election may then take place in which no member shall speak more than once;

(b) if more than one candidate is proposed and seconded and has accepted nomination as a candidate for the office of Speaker, the outgoing Speaker or Acting Speaker shall say “The time for proposals has expired”, and a debate relevant to the election may then take place in which no member shall speak more than once.

(5) Upon the conclusion of the debate, or if there is no debate, the outgoing Speaker or Acting Speaker shall put the question, “That ………… (being the only candidate proposed, or the candidate first proposed) be Speaker of this Assembly”.

(6) If the question be not carried with the cross-community support required by section 39(7) of the Northern Ireland Act 1998, the outgoing Speaker or Acting Speaker shall put a similar question in relation to the second candidate proposed; whereupon if affirmed in the positive in accordance with section 39(7) of that Act, that candidate shall be declared by the Speaker or Acting Speaker to be elected and shall forthwith take the chair; and this shall be done in relation to each candidate proposed in the order that they are proposed as often as necessary until a candidate is chosen to be Speaker.

(7) Where the Assembly is unable to elect a Speaker under the foregoing provisions of this Standing Order, but where a Deputy Speaker has been elected by virtue of Standing Order 5, the Deputy Speaker shall act as Speaker. In the case of more than one Deputy Speaker being elected they shall act in turn until a Speaker is elected.

(8) Where the Assembly is unable to elect either a Speaker under the foregoing provisions of this Standing Order, or a Deputy Speaker by virtue of Standing Order 5, the chair shall be taken, until a Speaker or Deputy Speaker is elected, by an Acting Speaker who shall be the eldest member of the Assembly.

5. DEPUTY SPEAKERS

(1) There shall be elected three Deputy Speakers. The process of election shall be as set out in Standing Order 4.

(2) Where the Speaker wishes to authorise a Deputy Speaker to exercise functions on his or her behalf, he or she shall notify the Deputy Speaker of the duties which that person is to perform and the authority which that person is to exercise.

(3) In Standing Orders, references to the Speaker shall, unless the context requires otherwise, include a Deputy Speaker acting as Speaker -

(a) under section 39(4) of the Northern Ireland Act 1998, or

(b) under the authorisation of the Speaker in accordance with paragraph (2).

6. PROCEDURE WHEN OFFICE OF SPEAKER BECOMES VACANT

Where a vacancy in the Office of Speaker of the Assembly occurs during an Assembly term, a Deputy Speaker shall report the vacancy to the Assembly at the opening of its next meeting and the Assembly shall, as soon as may be, proceed to elect a Speaker in the manner provided by Standing Order 4. Where there is no agreement on the election of a Speaker, meetings of the Assembly shall be chaired by the Deputy Speakers in weekly rotation in the order in which they were elected in so far as this is possible.

Operations of the Assembly

7. PROCEEDINGS TO BE HELD IN PUBLIC

Except as otherwise prescribed in Standing Orders the proceedings of the Assembly shall be held in public.

8. PRAYERS

Before the commencement of business the Speaker shall announce the commencement of a period of two minutes silent prayer or contemplation. This period shall be known as Prayers; it shall take place in private and shall be the first item on the Order Paper for the day.

9. QUORUM

(1) The quorum of the Assembly shall be ten members including the Speaker.

(2) If, at any time, the attention of the Speaker is directed to the fact that a quorum is not present, he or she shall order the division bells to be rung. If at the expiration of five minutes a quorum be not present, the Speaker shall suspend the Assembly without question put, but if a quorum is then present it shall not be in order to draw the attention of the Speaker to the absence of a quorum for a period of one hour from that time. The business suspended shall be the first business when the Assembly next sits.

10. SITTINGS AND ADJOURNMENTS OF THE ASSEMBLY

(1) The categories of business to be conducted in the Assembly shall consist of the following -

(a) Assembly Business

(b) Executive Committee Business

(c) Committee Business

(d) Questions

(e) Private Members' Business

(f) Private Business

(g) Adjournment Debates

(h) Party Business

(i) Matters of the day.

(2) Subject to the authority of the Business Committee to determine the time for commencement of business in plenary session, the sittings of the Assembly shall be arranged as follows -

Monday 12.00 midday – 6.00 pm
Tuesday 10.30 am – 6.00 pm.

The allocation of time for business within these sittings shall be determined by the Business Committee, except that -

(a) on each Monday on which there is a sitting there shall be a period for questions commencing at 2.30 pm and finishing at 4.00 pm;

(b) at the end of each sitting up to one hour may be set aside for an adjournment debate;

(c) any private notice questions shall normally be asked immediately before the adjournment debate.

(3) Where business on the Order Paper has not been disposed of by 6.00 pm on Monday, the Speaker may allow business to continue until 7.00 pm or until the outstanding business is completed, whichever is earlier. Consideration of business on the Order Paper not concluded by 7.00 pm shall be postponed until such a time as the Business Committee determines.

(4) If at 7.00 pm a division is in progress, or a question is being put and a division or a vote in the chamber results, adjournment of the Assembly shall be deferred until after the declaration of the result of the division or vote in the chamber.

(5) If Tuesday's business cannot be completed in the allocated time, the sitting may be extended into the evening, into Wednesday, or both.

(6) Additional sittings may be arranged by the Business Committee according to the exigencies of the Assembly.

(7) Where statements made under Standing Order 18 impinge upon the time bands specified in this Standing Order the Speaker shall take action under Standing Order 18(5).

(8) An adjournment of the Assembly shall mean an adjournment until the next sitting day unless the Assembly, on a motion made by a member of the Executive Committee after notice, has ordered an adjournment to some other definite date.

(9) A Session of the Assembly shall be that period from the commencement of business following the summer recess until the end of the subsequent summer recess. The Business Committee shall determine the dates for recess.

11. EARLIER MEETINGS OF THE ASSEMBLY

(1) Whenever notice is given to the Speaker by the First Minister and deputy First Minister or by not less than 30 members that the Assembly should meet at an earlier date than that to which it stands adjourned for the purpose of discussing a specific matter of urgent public importance, or several such matters, the Speaker shall, as soon as may be, summon the Assembly to meet.

(2) The notice given to the Speaker under paragraph (1) of this Standing Order shall be in writing over the signature of the First Minister and deputy First Minister or the signatures of the members desiring the recall and shall contain a statement of the specific matter or matters to be discussed.

(3) The business to be transacted on the day on which the Assembly shall meet shall be the specific matter or matters referred to in the notice given to the Speaker and when that business has been disposed of the Assembly shall either stand adjourned to the date to which it originally stood adjourned or determine differently on a motion from a member when it shall next meet.

12. PUBLIC BUSINESS

(1) Public business shall consist of stages of Bills, statutory committee reports and notices of motions and shall include both Executive committee and private members’ business.

(2) Notice of future public business shall be given in writing to the Clerk who shall prepare a Notice Paper from time to time listing the Notices received by him or her.

(3) The items of public business to be taken on a particular day shall be disposed of in the order in which they have been arranged on the Order Paper.

(4) At the times laid down for Executive Committee business, the Executive Committee shall have the right of placing its business in any order that it pleases prior to the issue of the Order Paper.

(5) Unless the Assembly otherwise directs, by motion made after notice, private members’ business shall be arranged on the Order Paper in such order as the Business Committee shall think fit.

(6) In determining the order of private members’ business the Business Committee shall have regard to-

(a) the wishes expressed by the members in charge of the various items;

(b) the relative public importance in its opinion of the various items; and

(c) the desirability of giving precedence to those Bills which are furthest advanced in their passage through the Assembly.

(7) Motions relating to the business of the Assembly shall be taken at the commencement of public business after notice and shall be decided without amendment or debate.

13. PRIVATE BUSINESS

(1) Private Bills shall be subject to the same stages as those laid down for Public Bills and the procedure for such Bills shall be subject to such further requirements as from time to time are ordered by the Assembly.

(2) All private business which is set down for any sitting day and which is not disposed of in the time allotted for it shall, without question being put, be postponed until such time as the Business Committee determines.

(3) Where the time allocated for private business is insufficient for the transaction of all private business tabled, the private business to be transacted shall be chosen by ballot and the resulting unopposed private business shall have precedence over the resulting opposed private business.

14. SECONDERS

No motion or amendment (other than the nomination of a candidate for the election of a Speaker or Deputy Speaker) shall require to be seconded before the question is put thereon.

15. AMENDMENTS

(1) Except as provided for in paragraphs (2) and (3), any amendment to a motion shall be given in writing to the Speaker not later than 9.30 am two clear Working Days before the day on which the motion is to be taken.

(2) Any amendment to a motion to be debated on a day on which the Business Committee has arranged an additional sitting of the Assembly under Standing Order 10(6) shall, where the time between such decision of the Business Committee and the day of the additional sitting is less than two clear Working Days, be given to the Speaker not later than 9.30 a.m. on the day of the additional sitting.

(3) Any amendment to a motion to be debated on a day on which the Assembly is summoned to meet earlier than that to which it stood adjourned shall, where the time between the Speaker’s summons and the meeting to which the Speaker’s summons relates is less than two clear Working Days, be given to the Speaker not later than 9.30 am on the day on which the Assembly is summoned to meet.

(4) When any amendment has been moved, the question to be put shall be, “That the amendment be made”. Where any amendment is agreed the question to be put shall be “That the question, as amended, be agreed”. Where any amendment is rejected the question on the substantive motion shall be put.

(5) In respect of any motion or Bill under consideration in the Assembly, the Speaker shall have power to select the new clauses, schedules or amendments to be proposed and may, if he or she thinks fit, call upon any member who has given notice of any amendment to give such explanation of the object of the amendment as may enable him or her to form a judgement upon it.

(6) Any amendment may be withdrawn prior to debate with the agreement of the member or members proposing the amendment.

(7) By leave of the Assembly any amendment may be withdrawn before a division is called.

16. DELAYING MOTIONS

(1) When a motion is made for the adjournment of a debate, or of the Assembly during any debate, any debate on the motion shall be confined to the matter of such motion; and any member, having moved any such motion, shall not be entitled to move any similar motion during the same debate.

(2) Where a motion is made for the adjournment of a debate the motion shall specify the length of adjournment and in any case it shall not be for a period greater than seven days. The Speaker shall not permit more than one adjournment on the same debate except by leave of the Assembly.

(3) If the Speaker shall be of the opinion that a motion for the adjournment of a debate, or of the Assembly, is an abuse of the rules of the Assembly, he or she may forthwith put the question on the motion without debate or he or she may decline to put the question on the motion to the Assembly.

17. SPEECHES IN THE ASSEMBLY

(1) A member shall not address the Assembly unless called on to speak by the Speaker. When the Speaker rises to speak, the member addressing the Assembly shall cease speaking and resume his or her place.

(2) A member may not speak more than once to the same motion, but a right of reply shall be allowed to a member who has moved a motion or an amendment.

(3) Notwithstanding paragraph (2) any member may seek to intervene while another member is speaking subject to that member’s consent, but may not persist in so doing if the member refuses to give way.

(4) The Business Committee shall consult with the Speaker in order to establish the total time to be allocated to each debate and the general arrangements for the debate including those set out in paragraph (5) below.

(5) The Speaker shall determine the order of speaking and the number of speakers in any debate having due regard to the balance of opinion on the matter, the party strengths in the Assembly and the number of members who have indicated a desire to speak.

(6) The Speaker shall announce to the Assembly the established speaking times as above for any debate as a preliminary to the debate.

(7) The Speaker, after having called the attention of the Assembly to the conduct of a member who persists in irrelevance or tedious repetition, may direct the member to discontinue his or her speech.

18. STATEMENTS

(1) A member of the Executive Committee shall make statements to the Assembly on matters for which the Executive Committee is responsible. He or she shall where possible make a written copy available to members as early as possible before delivering the statement in the Assembly. Where this has not been possible he or she should state to the Assembly the reason or reasons.

(2) No copies of such Ministerial statements, embargoed or otherwise, shall be given to the press before they are made available to all members.

(3) Notice of such statements shall be given to the Speaker not less than 2½ hours before they are due to be made and the Speaker shall communicate such information to members as early as is practicable.

(4) When a statement has been made as aforesaid, a member may move “that the statement be noted” and a period of questions on the statement which shall last no more than one hour may then ensue. The Speaker shall determine the time period taking into consideration the content of the statement, the number of members wishing to ask questions and the pressure of other business.

(5) Statements shall ordinarily be made outside the time bands specified in Standing Order 10(2) for questions and adjournment debates. However, where a statement is of such urgency or impact that it impinges upon any of these specified time bands, the Speaker shall make provision under Standing Order 10(5) to schedule appropriate additional time in the same week for questions and/or an adjournment debate unless, by leave, the Assembly determines to dispense with this requirement.

19. QUESTIONS

(1) Subject to the following provisions of this Standing Order, questions may be asked of -

(a) a member of the Executive Committee relating to public affairs with which his or her department is officially connected or to any matter of administration for which he or she is responsible; or,

(b) a member representing the Assembly Commission in relation to any matter or matters for which the Commission carries responsibility.

(2) Questions should not contain -

(a) statements of facts or names of persons, unless they are strictly necessary to make the question intelligible and can be authenticated;

(b) arguments, inferences or imputations;

(c) adjectives, unless they are strictly necessary to make the question intelligible;

(d) ironical expressions; or

(e) hypothetical matter.

(3) Questions should not ask for an expression of opinion, legal or otherwise.

(4) Notice of a question shall be given by a member delivering the same to the Business Office. The question shall be in writing, signed by the member and shall show the day for asking such question.

(5) Questions shall be taken between 2.30 pm and 4.00 pm on those Mondays on which there is a sitting. If this allocation of time is insufficient in any week the Speaker may allocate appropriate additional time following the completion of other scheduled business under Standing Order 10(5). The Speaker shall from time to time consult the Business Committee on the need to provide additional time for questions.

(6) No questions shall be taken after 4.00 pm except questions which have not been answered in consequence of the absence of the member of the Executive Committee or representative of the Commission to whom they are addressed.

(7) For the purposes of scrutiny, questions should be answered as clearly and fully as possible. They shall not be debated, but a supplementary question may be asked to elucidate an answer. Such supplementary questions shall be answered individually as they arise. Further supplementary questions may be asked at the discretion of the Speaker.

(8) Notice of questions must appear at latest on the Notice Paper circulated two days (excluding Saturday and Sunday) before that on which the answer is desired and no earlier than ten days (excluding Saturdays and Sundays) before.

(9) A member shall indicate on the notice of any question whether it is for written or oral answer. Any member who desires an oral answer to a question shall distinguish it by an asterisk.

(10) The member of the Executive Committee or representative of the Commission to whom a question is addressed shall cause an answer to be printed in the Official Report of Debates if the member who gave notice of the question did not distinguish it by an asterisk.

(11) Where a question is intended for oral answer but -

(a) the member who gave notice of the question is not present to ask it, or

(b) on a day when the time for taking questions is between 2.30 pm and 4.00 pm, the question is not reached by 4.00 pm, or

(c) on a day when additional time is allocated for taking questions by the Speaker under paragraph (5), the question is not reached by the end of the time so allocated, the member who gave notice of the question may before the end of the time for taking questions signify to the clerk his or her desire to postpone the question to another day.

If the member does not signify such a desire to the clerk, the member of the Executive Committee or representative of the Commission to whom the question is addressed shall cause an answer to be printed in the Official Report of Debates.

(12) Where a member has signified that a question is for written answer on a named day the member of the Executive Committee or representative of the Commission to whom it is addressed shall cause an answer to be given to the member on the date for which notice has been given.

(13) The sequence in which questions are taken shall be determined by ballot carried out by the Speaker.

20. PRIVATE NOTICE QUESTIONS

(1) Questions which have not appeared on the Order Paper but which, in the opinion of the Speaker, are of an urgent nature and relate to matters of public importance, may, if the Speaker is satisfied that adequate notice has been given to the members of the Executive Committee concerned, normally be asked immediately prior to the adjournment debate.

(2) Notice of a proposed private notice question shall be given to the clerk and to the member of the Executive Committee concerned not less than four hours before the start of Question time (i.e. normally by 10.30 am on a Monday) and the Speaker shall, where he or she accepts a notice in accordance with paragraph (1), communicate that information to members.

(3) Private notice questions must conform to the ordinary rules governing the content of questions.

21. ADJOURNMENT DEBATES

(1) At such time as is set aside in Standing Orders, the question shall be put by the Speaker, “That the Assembly do now adjourn”, upon which question a member who has the leave of the Speaker may raise any matter.

(2) Any member who wishes to raise a matter under the provisions of this Standing Order shall give notice to the Speaker of at least eight days.

(3) Where the subject matter of an adjournment debate is the responsibility of a member of the Executive Committee ten minutes shall be allotted for a Ministerial response at the end of the debate.

22. PUBLIC PETITION

(1) Every member offering to present a petition to the Assembly, not being a petition for a private Bill or relating to any Private Bill before the Assembly, shall confine himself or herself to a statement of the parties from whom it comes, the number of signatures attached to it and the material allegations contained in it, and to reading the prayer of such petition.

(2) Every petition presented under this Standing Order, not containing matter in breach of the privileges of the Assembly, shall be notified to the Clerk of the Business Committee, which committee shall consider whether and when it shall be taken in the Assembly.

(3) A petition shall relate to matters that are within the legislative competence of the Assembly.

23. PRESENTATION OF PAPERS AND ACCOUNTS

(1) Papers and Accounts which are to be presented to the Assembly shall be delivered to the Business Office of the Assembly and the listing of the same in the Journal of Proceedings of the Assembly shall constitute presentation for all purposes. Any papers or Accounts so placed shall be regarded as matters for the public domain.

(2) The above procedure shall also be followed when there is a statutory requirement to lay any document before the Assembly.

(3) Any papers or Accounts which are deposited in the Assembly library shall be regarded as material for the private use of members.

24. MATTERS OF THE DAY

(1) A member may seek leave of the Speaker to make a statement to the Assembly on a matter which fulfils the criteria specified in paragraph (2) by making a formal request not later than the time provided for in paragraph (3), which formal request shall outline the subject matter of the proposed statement.

(2) In deciding whether to grant leave to a member who has made a formal request under paragraph (1) the Speaker shall take account of the following criteria –

(a) whether the proposed statement relates to a matter which has occurred and has come to public attention since the Assembly last stood adjourned;

(b) whether the proposed statement relates to a matter which is of exceptional public interest;

(c) whether the proposed statement relates to a matter which directly affects the people of Northern Ireland;

(d) that the specific subject matter of the proposed statement is not, and has not previously been, the subject of or directly related to a statement, application, notice or referral made or given under this or any other Standing Order.

(3) Any request under this Standing Order shall be made not later than–

(a) 9.30 am on any sitting day; or

(b) if the Speaker is satisfied that the event or incident to which the formal request relates came to the attention of the member at such time that the member could not reasonably have made a formal request by the time stipulated in sub-paragraph (a), such later time as the Speaker may direct.

(4) As soon as possible after receipt of a formal request under this Standing Order the Speaker shall decide whether to give a member who has made the formal request under this Standing Order leave to make a statement, and shall forthwith notify the member of that decision. If the Speaker gives leave for a statement to be made he or she shall allow the member (together with such other members as the Speaker may select) to make the statement as soon as reasonably practicable.

(5) No member may intervene during a member’s statement under this Standing Order and there will be no questions and no vote will be taken at the conclusion of the statement or statements.

Voting

25. CLOSURE OF DEBATE

(1) After “the question” of a motion has been proposed, any member who has not already spoken to it, or to any amendment to it which has been proposed, may move that “the question be now decided”; and unless it shall appear to the Speaker that any of the parties present has not had a reasonable opportunity to contribute to the debate or that such motion is otherwise an abuse of these Standing Orders, the question that “the question be now decided” shall be put forthwith and decided without amendment or debate.

(2) Where a division is held on a question for the closure of debate on an issue the resolution of which requires cross-community support the question shall not be carried unless at least 30 members have voted in support of it.

(3) If a question for the closure of debate has been carried, the Speaker shall put forthwith the question on any amendment already proposed to the motion and the question on any other amendment which he or she may then select to be proposed, and shall then put forthwith the question on the motion or (as the case may be) on the motion as amended.

26. VOTING – GENERAL

(1) Every decision of the Assembly shall be taken by a simple majority of those voting other than a decision -

(a) in relation to which a provision of the Northern Ireland Act 1998 or Standing Orders provide otherwise; or

(b) on a vote, resolution or Act which -

(i) appropriates a sum out of the Consolidated Fund of Northern Ireland or increases a sum to be appropriated; or

(ii) imposes or increases a tax.

The decisions mentioned in sub-paragraph (b) shall require cross-community support within the meaning of section 4(5) of the Northern Ireland Act 1998.

(2) The Speaker, or a Deputy Speaker when in the chair, shall not be entitled to a vote on any matter.

(3) The Speaker shall judge whether the motion be carried or not by collecting voices or by a show of hands as he or she considers appropriate.

(4) A vote shall not be taken on any matter if a quorum is not present.

(5) If any member is present within the precincts of the Assembly and is disabled by infirmity from passing through the lobby, his or her name may be communicated by his or her party whip to the lobby clerks and tellers and may be included in the numbers counted (see Standing Order 27).

27. VOTING WHERE THE SPEAKER’S DECISION IS CHALLENGED

(1) If the opinion of the Speaker as to the decision of a question is challenged he or she shall direct that the lobby be cleared and the division bells shall be sounded.

(2) After the lapse of three minutes from this direction he or she shall put the question again and, if his or her opinion is again challenged, he or she may either -

(a) call for the nomination of tellers and divide the Assembly in the manner provided below; or

(b) if, in his or her opinion the division is unnecessarily claimed, take the vote of the Assembly by calling upon the members who support and who challenge his or her decision successively to rise in their places and he or she shall thereupon, as he or she thinks fit, either declare the determination of the Assembly or call for the nomination of tellers and divide the Assembly in the manner provided below.

(3) When tellers have been nominated, the Speaker shall direct the Assembly to divide, “ayes” to the right and “noes” to the left. The division bells shall be sounded. After the lapse of four minutes from putting the question again he or she shall direct that the doors giving access to the division lobbies be secured. When all members in the lobby have voted the tellers shall bring the division lists to the table clerks who will announce the result.

(4) A member may vote in a division although he or she did not hear the question put.

(5) A member shall not be obliged to vote.

(6) If the votes in a division are equal the amendment or motion shall not be carried.

28. PETITION OF CONCERN

(1) A Petition of Concern in respect of any matter shall be in the form of a notice signed by at least 30 members presented to the Speaker. No vote may be held on a matter which is the subject of a Petition of Concern until at least one day after the Petition of Concern has been presented.

(2) Other than in exceptional circumstances, a Petition of Concern shall be submitted at least one hour before the vote is due to occur. Where no notice of the vote was signalled or such other conditions apply that delay the presentation of a Petition of Concern the Speaker shall determine whether the Petition is time-barred or not.

29. REFERRAL OF A MINISTERIAL DECISION TO THE EXECUTIVE COMMITTEE

(1) A petition to refer a ministerial decision to the Executive Committee under section 28B of the Northern Ireland Act 1998 shall be in the form of a notice signed by at least 30 members presented to the Speaker.

(2) If, on receipt of the petition, the Speaker determines -

(a) that the decision has not been the subject of a previous reference under that section; and

(b) that the time limit specified in section 28B(5) of the Northern Ireland Act 1998 has not elapsed,

the Speaker shall consult the political parties whose members hold seats in the Assembly.

(3) That consultation -

(a) shall be completed before the expiry of the time limit specified in section 28B(5) of the Northern Ireland Act 1998; and

(b) shall be in such form as the Speaker may determine.

(4) The Speaker shall, on completing that consultation, certify whether or not the decision relates to a matter of public importance.

(5) If the Speaker certifies that the decision relates to a matter of public importance, the Speaker shall immediately refer the decision to the Executive Committee.

(6) The Speaker shall announce -

(a) the receipt and disposal of a petition under section 28B of the Northern Ireland Act 1998;

(b) the receipt of a notification under section 28B(4) of the Northern Ireland Act 1998,

to the Assembly at the earliest opportunity.

Legislation

30. PUBLIC BILLS: INTRODUCTION AND FIRST STAGE

(1) A minister or member of the Assembly who proposes to introduce a Public Bill shall submit the full text of the Bill to the Speaker not less than seven days (excluding Saturdays and Sundays) before the date proposed for the introduction of the Bill in the Assembly.

(2) A member of the Assembly in charge of a Private Member’s Bill shall, when submitting the text of the Bill to the Speaker, in accordance with paragraph (1), also submit a statement in writing to the effect that in his or her view the Bill would be within the legislative competence of the Assembly. The statement shall be published with the Bill on its introduction.

(3) No Bill shall be introduced in the Assembly if the Speaker decides that any provision of it would not be within the legislative competence of the Assembly.

(4) When the Speaker has signified to the Minister or member of the Assembly in charge of the Bill that in his or her opinion it may properly be introduced, notice of introduction may be given for any subsequent sitting day.

(5) On the introduction of a Bill, its title shall be read to the Assembly by the table clerks and this shall constitute the Bill’s First Stage; the Bill shall be ordered to be printed and shall be set down in the list of pending future business until a date for its Second Stage is determined.

(6) The Speaker shall, as soon as is reasonably practicable after the introduction of a Bill, send a copy of it to the Northern Ireland Human Rights Commission.

31. STAGES IN CONSIDERATION OF PUBLIC BILLS

Subject to Standing Orders 33(1), 40 and 42(2) to (4), the stages in the Assembly’s consideration of a Public Bill shall be as follows -

(a) Second Stage: a general debate on the Bill, with an opportunity for members to vote on its general principles.

(b) Committee Stage: detailed investigation by a committee, followed by report to the Assembly.

(c) Consideration Stage: consideration of, and an opportunity for members to vote on, the details of the Bill, including amendments proposed to the Bill.

(d) Further Consideration Stage: an opportunity for members to consider and vote on amendments proposed to the Bill.

(e) Final Stage: passing or rejection of the Bill, without further amendment.

32. PUBLIC BILLS: SECOND STAGE

(1) The debate on the motion, “That the Second Stage of the …….. Bill be agreed” shall be confined to the general principles of the Bill.

(2) Amendments may be proposed to this motion, to leave out the words after “That” and insert words which state a reason for the Assembly not to agree to the Second Stage of the Bill.

(3) If an amendment proposed in accordance with paragraph (2) of this Standing Order is negatived the Speaker shall forthwith put the question that the Second Stage of the Bill be agreed.

33. PUBLIC BILLS: COMMITTEE STAGE

(1) On the Second Stage of a Bill being agreed, the Bill shall stand referred to the appropriate statutory committee, unless the Assembly shall order otherwise.

(2) A statutory committee to which a Bill stands referred under this Standing Order, may, within the period of 30 working days from date of referral (excluding any periods when the Assembly is adjourned for more than three working days), consider and take evidence on the provisions of the Bill, and report its opinion thereon to the Assembly.

(3) A report made to the Assembly under paragraph (2) may include proposals for amendments to the Bill that may be proposed at Consideration Stage.

(4) Before the conclusion of the period specified in paragraph (2), a motion may be made in the Assembly by -

(a) a minister; or

(b) the chairperson of the relevant statutory committee (or deputy chairperson acting in the chairperson’s stead)

to extend the period until a date specified in the motion. The question on any such motion may be decided after the expiration of the time for opposed business.

(5) On a report being made to the Assembly under paragraph (2), or on the conclusion of any period specified in this order or extended by the Assembly under this order, the Bill shall be set down on the list of pending future business until a date for its Consideration Stage is determined.

34. PUBLIC BILLS: HUMAN RIGHTS ISSUES

(1) For the purpose of obtaining advice as to whether a Bill, draft Bill or proposal for legislation is compatible with human rights (including rights under the European Convention on Human Rights) the Assembly may proceed on a motion made in pursuance of paragraph (2).

(2) Notice may be given by any member of a motion “That the Northern Ireland Human Rights Commission be asked to advise whether the ……. Bill (or draft Bill or proposal for legislation) is compatible with human rights”.

(3) In the case of a draft Bill or proposal for legislation, notice of such a motion may be given at any time after the draft Bill or proposal for legislation is published for public consultation.

(4) In the case of a Bill, notice of such a motion may be given at any time after the Bill’s introduction.

(5) On a motion being made under paragraph (2) a brief explanatory statement may be made by the member who proposes the motion and by a member who opposes it, and the Speaker shall then put the question without further debate.

(6) Any advice tendered to the Assembly by the Northern Ireland Human Rights Commission in response to a request made in pursuance of paragraph (2) shall be circulated to all members of the Assembly and published in a manner determined by the Speaker.

35. PUBLIC BILLS: EQUALITY ISSUES

(1) For the purpose of obtaining advice as to whether a Bill, draft Bill or proposal for legislation is compatible with equality requirements (including rights under the European Convention on Human Rights) the Assembly may proceed on a motion made in pursuance of paragraph (2).

(2) Notice may be given by -

(a) any member of the Executive Committee, or

(b) the chairman of the appropriate statutory committee (or another member of that statutory committee acting on the chairman’s behalf),

of a motion “That the …… Bill (or draft Bill or proposal for legislation) be referred to an Ad Hoc Committee on Conformity with Equality Requirements”.

(3) On a motion being made under paragraph (2), a brief explanatory statement may be made by the member who proposes the motion and by a member who opposes it, and the Speaker shall then put the question without further debate.

(4) In the case of a draft Bill or proposal for legislation, notice of such a motion may be given at any time after the draft Bill or proposal for legislation is published for public consultation.

(5) In the case of a draft Bill or proposal for legislation, if a motion under paragraph (2) is agreed, an Ad Hoc Committee on Conformity with Equality Requirements shall consider and report only whether the provisions of the draft Bill or proposal are in conformity with the requirements for equality and observance of human rights. The committee shall report its opinion thereon to the Assembly within the period of thirty working days after the motion is agreed or at a time agreed by the Assembly.

(6) In the case of a Bill, notice of such a motion may be given at any time after the Bill’s introduction.

(7) Except as provided in paragraph (9) an Ad Hoc Committee on Conformity with Equality Requirements shall consider and report only whether the provisions of the Bill are in conformity with the requirements for equality and observance of human rights. The committee shall report its opinion thereon to the Assembly within the period of thirty working days after the motion is agreed to or at a time agreed by the Assembly.

(8) If notice of such a motion is given at the conclusion of the Second Stage of a Bill, the motion shall also specify whether -

(a) the Bill is to be referred to an Ad Hoc Committee on Conformity with Equality Requirements instead of the appropriate statutory committee, and

(b) whether the Bill is to be referred to the appropriate statutory committee after the Assembly receives the report of an Ad Hoc Committee on Conformity with Equality Requirements.

(9) If the Bill is referred to an Ad Hoc Committee on Conformity with Equality Requirements instead of the statutory committee, the provisions of Standing Order 33 shall apply to the consideration of the Bill by an Ad Hoc Committee on Conformity with Equality Requirements.

(10) If notice of such a motion is given after a Bill has been referred to a statutory committee, and before that committee has reported or the period for reporting has expired, the motion shall also -

(a) order that the Bill be transferred from the statutory committee to an Ad Hoc Committee on Conformity with Equality Requirements, and

(b) specify whether an Ad Hoc Committee on Conformity with Equality Requirements shall -

(i) consider only and report only whether the provisions of the Bill are in conformity with the requirements for equality and observance of human rights, or

(ii) in addition to considering and reporting on those matters, carry out the role of the statutory committee in relation to the Bill.

(11) In the case of a motion specifying that an Ad Hoc Committee on Conformity with Equality Requirements should act as mentioned in paragraph (10)(b)(i), the Bill shall stand referred to the statutory committee again when an Ad Hoc Committee on Conformity with Equality Requirements reports to the Assembly.

(12) In the case of a motion specifying that an Ad Hoc Committee on Conformity with Equality Requirements should act as mentioned in paragraph (10)(b)(ii), the Committee Stage of the Bill shall be complete when an Ad Hoc Committee on Conformity with Equality Requirements reports to the Assembly.

(13) If such a motion is agreed after the appropriate statutory committee has reported, or the time for reporting has expired, the Consideration Stage of the Bill shall not begin until an Ad Hoc Committee on Conformity with Equality Requirements reports to the Assembly.

(14) If such a motion is agreed after the Consideration Stage of the Bill has begun but before that stage has been completed, the Consideration Stage shall be adjourned until an Ad Hoc Committee on Conformity with Equality Requirements reports to the Assembly.

(15) On resuming an adjourned Consideration Stage, the Assembly may, instead of considering the remaining clauses and schedules in the order in which they stand in the Bill, on a motion moved by the member in charge of the Bill decide to consider them in a different order, and to consider again and amend, provisions of the Bill which have already been ordered to stand part of the Bill, and to consider new clauses and schedules even if the time for considering them has passed.

(16) If such a motion is agreed after the end of the Consideration Stage of a Bill, no date shall be determined for the Further Consideration Stage of the Bill until an Ad Hoc Committee on Conformity with Equality Requirements reports to the Assembly.

(17) If such a motion is agreed after the Further Consideration Stage of the Bill has begun but before that stage has been completed, the Further Consideration Stage shall be adjourned until an Ad Hoc Committee on Conformity with Equality Requirements reports to the Assembly.

(18) On resuming an adjourned Further Consideration Stage, the Assembly may, instead of considering the remaining amendments in the order in which the relevant clauses or schedules stand in the Bill, on a motion moved by the member in charge of the Bill decide to consider them in a different order, and to consider again and amend, provisions of the Bill which have already been agreed, and to consider new clauses and schedules even if the time for considering them has passed.

(19) If such a motion is agreed after the end of the Further Consideration Stage of a Bill, no date shall be determined for the Final Stage of the Bill until an Ad Hoc Committee on Conformity with Equality Requirements reports to the Assembly.

(20) A decision by the Assembly to agree to a report by an Ad Hoc Committee on Conformity with Equality Requirements under paragraph (7) shall require cross-community support within the meaning of the Northern Ireland Act 1998.

36. PUBLIC BILLS: CONSIDERATION STAGE

(1) Any amendments proposed to be made to a Bill at Consideration Stage shall be deposited with the clerk in time for inclusion on a Notice Paper circulated on a day before the day appointed for the Consideration Stage. Amendments shall be arranged in the order in which the Bill is to be considered. Amendments may be moved, at the discretion of the Speaker, in very exceptional circumstances without such notice.

(2) On consideration of a Bill, the clauses and schedules shall be considered in the order in which they stand in the Bill unless the Assembly, on a motion moved after notice by the member in charge of the Bill, decides otherwise. The question shall be put in respect of each clause and schedule, that the clause or schedule (or, as the case may be, the clause or schedule, as amended) stand part of the Bill.

(3) The preamble and the long title shall stand postponed until after the consideration of the clauses and of any schedules.

(4) Members may speak more than once in debate during the Consideration Stage. At the completion of the Consideration Stage, the Bill shall stand referred to the Speaker.

37. PUBLIC BILLS: FURTHER CONSIDERATION STAGE

(1) Any amendments proposed to be made to a Bill at Further Consideration Stage shall be deposited with the clerk in time for inclusion on a Notice Paper circulated on a day before the day appointed for the Further Consideration Stage, and shall be arranged in the order in which the Bill is to be considered; provided, however, that at the discretion of the Speaker, amendments may be moved in very exceptional circumstances without such notice.

(2) During proceedings at Further Consideration Stage, debate and vote shall be confined to those amendments which have been selected. The amendments shall be considered in the order in which the relevant clauses or schedules stand in the Bill.

(3) Any amendments selected which relate to the long title shall be considered after those relating to the clauses and schedules of the Bill.

(4) Members may speak more than once in debate during the Further Consideration Stage.

(5) At the conclusion of the debate on the Further Consideration Stage the Bill shall stand referred to the Speaker.

38. PUBLIC BILLS: AMENDMENTS

Amendments proposed to a Bill shall be relevant to the provisions of the Bill and shall not be in conflict with the principle of the Bill as agreed to at Second Stage.

39. PUBLIC BILLS: FINAL STAGE

(1) After the completion of the Further Consideration Stage of a Bill, the Bill shall be set down on the list of pending future business until a date for its Final Stage is determined.

(2) No date may be determined for the Final Stage of a Bill until -

(a) the Speaker has considered the Bill in accordance with section 10 of the Northern Ireland Act 1998 and signified to the minister or member of the Assembly in charge of the Bill that in his or her opinion it may properly proceed to its Final Stage; or

(b) if the Bill is referred to the Secretary of State by the Speaker under section 10(2)(b) of that Act, the Secretary of State has signified his or her consent, or informed the Assembly of his or her opinion, under section 10(2)(c) of that Act.

(3) Debate at the Final Stage shall be on the motion “That the Bill do now pass” and shall be confined to the content of the Bill. No amendments may be made to the Bill at the Final Stage.

40. PUBLIC BILLS: RECONSIDERATION

(1) Notwithstanding that a Bill has been passed under Standing Order 39 or approved under paragraph (3) of this order, it shall be set down in the list of pending future business as awaiting reconsideration if (but only if)-

(a) the Judicial Committee decide that any provision of the Bill is not within the legislative competence of the Assembly;

(b) a reference to the Judicial Committee made by the Attorney General for Northern Ireland in relation to a provision of the Bill under section 11 of the Northern Ireland Act 1998 has been withdrawn following a request for withdrawal under section 12 of that Act;

(c) a decision is made by the Secretary of State under section 14(4) or (5) of that Act not to submit the Bill for Royal Assent; or

(d) a motion under section 15(1) of that Act that the Bill shall not be submitted for Royal Assent has been passed by either House of Parliament.

(2) During proceedings on reconsideration of a Bill, the Assembly shall consider only amendments proposed to be made to the Bill; and the provisions of Standing Order 36(1) shall apply to such amendments.

(3) Where a Bill has been amended during proceedings on reconsideration, the question, that the Bill, as amended, be approved shall be put forthwith and decided without amendment or debate.

41. PUBLIC BILLS: EXPLANATORY AND FINANCIAL MEMORANDA

Public Bills on introduction shall be accompanied, inter alia, by an explanatory and financial memorandum detailing as appropriate -

(a) the nature of the issue the Bill is intended to address;

(b) the consultative process undertaken;

(c) the main options considered;

(d) the option selected and why;

(e) the cost implications of the proposal/s.

42. PUBLIC BILLS: SPECIAL SCHEDULING REQUIREMENTS

(1) There shall be a minimum interval of five working days between each stage of a Bill, save in the following cases -

(a) between Second Stage and Committee Stage; and

(b) where a Bill is subject to the accelerated passage procedure in accordance with paragraph (2) or (4).

(2) Where on or before the Second Stage of a Budget Bill the chairperson of the Committee for Finance and Personnel (or another member of that committee acting on his or her behalf) confirms to the Assembly that the committee is satisfied that there has been appropriate consultation with it on the public expenditure proposals contained in the Bill, the Bill shall proceed under the accelerated passage procedure which shall exclude any Committee Stage.

(3) Where, exceptionally, a Bill (other than a Budget Bill) is thought to require accelerated passage, which shall exclude any Committee Stage, the member in charge of the Bill shall, before introduction of the Bill in the Assembly, explain to the appropriate committee -

(a) the reason or reasons for accelerated passage;

(b) the consequences of accelerated passage not being granted; and, if appropriate,

(c) any steps he or she has taken to minimise the future use of the accelerated passage procedure.

(4) Before Second Stage the member in charge of the Bill shall move a motion “That the …. Bill proceed under the accelerated passage procedure”. In moving the motion the member shall explain to the Assembly-

(a) the reason or reasons for accelerated passage;

(b) the consequences of accelerated passage not being granted; and, if appropriate,

(c) any steps he or she has taken to minimise the future use of the accelerated passage procedure.

A motion under this Standing Order shall require cross-community support within the meaning of section 4(5) of the Northern Ireland Act 1998.

(5) No Bill shall pass all its required stages in the Assembly in less than ten days.

(6) Where a Bill has not completed its passage by the end of an Assembly session it shall be carried forth and its passage continued into the next session.

(7) A Bill shall not be carried forth if the Assembly stands dissolved.

43. SCRUTINY OF STATUTORY RULES

(1) Every statutory rule or draft statutory rule which -

(a) is laid before the Assembly; and

(b) is subject to Assembly proceedings,

shall stand referred to the appropriate committee for scrutiny.

(2) The appropriate committee may also scrutinise any statutory rule which -

(a) deals with a transferred matter (within the meaning of the Northern Ireland Act 1998); and

(b) is not subject to Assembly proceedings,

whether or not the statutory rule is laid before the Assembly.

(3) To assist committees in the scrutiny of instruments under this Standing Order there shall be an officer of the Assembly known as the Examiner of Statutory Rules who shall carry out any functions delegated to him or her under paragraph (4)(b).

(4) The appropriate committee may -

(a) scrutinise the instrument itself; or

(b) delegate to the Examiner of Statutory Rules any of its functions in relation to the technical scrutiny of the instrument.

(5) Where a committee has delegated functions to the Examiner of Statutory Rules under paragraph (4)(b), references to the committee in the following provisions of this Standing Order, in relation to functions so delegated, include references to the Examiner.

(6) In scrutinising an instrument the appropriate committee shall inter alia consider the instrument with a view to determining and reporting on whether it requires to be drawn to the special attention of the Assembly on any of the following grounds, namely, that -

(a) it imposes a charge on the public revenues or prescribes the amount of any such charge;

(b) it contains provisions requiring any payment to be made to any Northern Ireland department or public body in respect of any approval, authorisation, licence or consent or of any service provided or to be provided by that department or body or prescribes the amount of any such payment;

(c) the parent legislation excludes it from challenge in the courts;

(d) it purports to have retrospective effect where the parent legislation confers no express authority so to provide;

(e) there appears to have been unjustifiable delay in the publication of it or in the laying of it before the Assembly;

(f) there appears to be a doubt whether it is intra vires or it appears to make some unusual or unexpected use of the powers conferred by the parent legislation;

(g) it calls for elucidation;

(h) it appears to have defects in its drafting;

or on any other ground which does not impinge on its merits or the policy behind it.

(7) The appropriate committee shall where practicable report on an instrument before any resolution or motion relating to that instrument is moved in the Assembly.

(8) In this Standing Order -

“committee” means a statutory committee;

“instrument” means a statutory rule or a draft statutory rule;

“the parent legislation”, in relation to an instrument, means the legislation under which the instrument is made or is to be made;

“statutory rule” has the same meaning as in the Statutory Rules (Northern Ireland) Order 1979.

(9) For the purposes of this Standing Order a statutory rule or draft statutory rule is subject to Assembly proceedings if, in pursuance of the parent legislation, proceedings may be taken in the Assembly in relation to it.

Ministerial Appointments, Etc - Time Limits

44. MINISTERIAL OFFICES

(1) Where a person has been nominated to be First Minister or deputy First Minister under section 16A or 16B of the Northern Ireland Act 1998, the person nominated must affirm the terms of the pledge of office and take up the office within 15 minutes of the nomination, unless the nominating officer, the person nominated, or another member of the Assembly asks the Assembly to extend that time limit, and gives a reason or reasons for so asking, and the Assembly approves the extension.

(2) Ministerial offices must be filled by applying the procedures set out in section 18(2) to (6) of the Northern Ireland Act 1998 within a period of seven days beginning with the day on which -

(a) the determination mentioned in section 18(1)(b) takes effect;

(b) the resolution mentioned in section 18(1)(c) is passed;

(c) the direction mentioned in section 18(1)(d) is given; or

(d) the period of exclusion mentioned in section 18(1)(da) comes to an end.

(3) Where a Ministerial office becomes vacant as mentioned in section 18(10) of the Northern Ireland Act 1998 the nominating officer of the party on behalf of which the previous incumbent was nominated must nominate a person to hold the office and the person nominated must take up the office within a seven day period beginning with the date on which the office became vacant.

(4) Where under section 18 of the Northern Ireland Act 1998 the Speaker requests a nominating officer to select a Ministerial office and nominate a person to hold it -

(a) the nominating officer must exercise that power, and

(b) the person nominated must affirm the terms of the pledge of office and take up the office,

within 15 minutes of the request, unless the nominating officer, the person nominated, or another member of the Assembly asks the Assembly to extend that time limit, and gives a reason or reasons for so asking, and the Assembly approves the extension.

45. JUNIOR MINISTERS

Where the First Minister and deputy First Minister make a determination under section 19 of the Northern Ireland Act 1998 specifying procedures for appointing members as junior Ministers, those procedures shall be applied within a period of seven days beginning with the day on which the determination takes effect.

Committees

46. COMMITTEES OF THE ASSEMBLY — GENERAL

(1) The Assembly shall establish committees to -

(a) discharge the functions mentioned in Standing Order 48(1)(a) (statutory committees); and

(b) carry out any other functions deemed necessary.

(2) Committees to assist the Assembly in the discharge of its business shall be appointed by motion made after notice setting out terms of reference, quorum and composition and/or referring to any Standing Order, as appropriate, which prescribes these.

(3) All committees of the Assembly shall have leave to sit during a sitting of the Assembly and notwithstanding any adjournment of the Assembly.

(4) The names of the members present at each sitting of a committee shall be entered in the minutes of evidence or in the minutes of proceedings of the committee (as the case may be) and reported to the Assembly in any report of such committee.

(5) A general record of the proceedings of a committee shall be brought up and laid before the members of the Assembly with the report of the committee.

(6) If, at any time, during the sitting of a committee, the quorum of members fixed by the Assembly is not present, the clerk of the committee shall call the attention of the chairperson to the fact, and the chairperson shall thereupon suspend the proceedings of the committee until a quorum is present, or adjourn the committee to some future day.

(7) Every committee shall have leave to report its opinions and observations upon any matters referred to it by the Assembly, together with the minutes of any evidence taken before it and also to make a special report of any matters which the committee may think fit to bring to the notice of the Assembly.

(8) No document received by the clerk of a committee shall be withdrawn or altered without the knowledge and approval of the committee.

47. STATUTORY COMMITTEES

The number of statutory committees established and their membership shall be determined by the Assembly following -

(a) the appointment of the Executive Committee; and

(b) consideration and recommendation by the Business Committee having regard to –

(i) the need to ensure that membership of committees is in proportion to party strengths within the Assembly (see Standing Orders 48 and 49);

(ii) the overall number of the Assembly members; and

(iii) the best arrangement for allowing the Assembly to discharge its functions.

48. ESTABLISHMENT OF STATUTORY COMMITTEES

(1) As soon as practicable after the appointment of Ministers, the Speaker shall supervise -

(a) the establishment of committees of members of the Assembly (“statutory committees”) to advise and assist-

(i) the First Minister and the deputy First Minister in the formulation of policy with respect to matters within their responsibilities as Ministers jointly in charge of the Office of the First Minister and deputy First Minister; and

(ii) each Northern Ireland Minister in the formulation of policy with respect to matters within his or her responsibilities as a Minister:

Each such committee shall carry out such role in relation to one or more Ministerial Portfolios; and

(b) the allocation of committee chairpersons and deputy chairpersons to parties in accordance with the following procedure.

(2) Statutory committees shall have the powers described in paragraph 9 of Strand One of the Belfast Agreement (CM 3883) and may, in particular, exercise the power in section 44(1) of the Northern Ireland Act 1998.

(3) A statutory committee shall have one chairperson, one deputy chairperson appointed in accordance with this Standing Order. The other members of a statutory committee shall be determined by the Assembly subject to the requirement upon the Speaker to ensure that all members who do not hold Ministerial or junior Ministerial office are offered at least one statutory committee place.

(4) By reference to the consolidated list of political parties and their members, the Speaker shall calculate each party’s figure for the purpose of this Standing Order by applying the formula -

S
1 + C

where
S is the number of seats which were held by members of that party on the day on which the Assembly first met following its election.

C is the number of chairpersons and deputy chairpersons of statutory committees established under this Standing Order who are members of the party.

Where two or more parties have an identical figure they shall be ranked by applying the formula -

V
1 + C

where
V is the total number of first preference votes cast for the party at the most recent general election of members of the Assembly, and C has the same meaning as above.

(5) The Speaker shall then invite the nominating officer of the party with the highest figure to nominate a member of that party who is a member of the Assembly to be chairperson or deputy chairperson of a statutory committee and to specify on which committee that member is nominated to serve. In making nominations, nominating officers shall prefer committees in which they do not have a party interest over those in which they do have a party interest.

(6) For the purposes of paragraph (5) a nominating officer has a party interest in a committee if it is established to advise and assist -

(a) the First Minister and the deputy First Minister and either of those Ministers is a member of his or her party; or

(b) a Northern Ireland Minister and that Minister is a member of his or her party.

(7) Subject to paragraphs (8), (9) & (10), where the Speaker asks the nominating officer to make a nomination under paragraph (5) -

(a) if he or she fails to do so within 15 minutes of the request being made (whether the nominating officer was present when the request was made or not), or

(b) if the person nominated does not take up the specified office within 15 minutes of the request being made (whether that person was present when nominated or not),

the power shall be exercisable by the nominating officer of the party for which the formula in paragraph (4) gives the next highest figure.

(8) Where the nominating officer, the person nominated, or another member of the Assembly asks the Assembly to extend the 15 minute time period mentioned in paragraph (7), and gives a reason or reasons for so asking, the Assembly may grant an extension.

(9) Paragraphs (7) & (8) shall not operate whilst the Assembly is adjourned.

(10) Paragraphs (5) to (7) shall be applied as many times as necessary to ensure that the positions of chairperson and deputy chairperson have been filled.

(11) Once a member has accepted a nomination as chairperson or deputy chairperson the Speaker shall announce and confirm the appointment.

(12) A Minister or junior Minister may not be the chairperson or deputy chairperson of a statutory committee.

(13) A member shall not be eligible for nomination as a chairperson of a statutory committee if at the date of such nomination the member is a chairperson of another statutory committee or a standing committee.

(14) A chairperson or deputy chairperson shall cease to hold office on -

(a) resigning that office by notice in writing to the Speaker;

(b) ceasing to be a member of the Assembly; or

(c) being dismissed by the nominating officer of the party which nominated him or her and the Speaker is notified of his or her dismissal.

(15) If an office of chairperson or deputy chairperson of a statutory committee becomes vacant by reason of any circumstances described in paragraph (14), the nominating officer of the party on whose behalf the previous incumbent was nominated shall nominate a member of the party who is a member of the Assembly to replace the previous incumbent.

(16) If the nominating officer fails to make such a nomination within a period of ten days of the vacancy occurring or the nominated person does not take up office within this period of time, the power of nomination shall become exercisable by the nominating officer of the party for which the formula in paragraph (4) gives the next highest figure. Any such nominations must comply with paragraphs (5), (6), (12) and (13). Nominations shall be announced and confirmed by the Speaker at the next following meeting of the Assembly.

49. MEMBERSHIP OF STATUTORY COMMITTEES

(1) Statutory committees shall be constituted to reflect as far as possible the party composition of the Assembly except in so far as individual parties or individual members may waive their rights.

(2) Seats on statutory committees will be allocated on a proportional basis in accordance with the following principles -

(a) that each statutory committee will consist of 11 members including the chairperson and deputy chairperson;

(b) that not all seats on a statutory committee are allocated to the same political party;

(c) that the majority of the seats on each statutory committee is allocated to a particular political party if the number of persons belonging to that party constitutes a majority of the Assembly membership;

(d) subject to paragraphs (b) and (c) above, that the number of seats on the statutory committees of the Assembly which is allocated to each political party as far as possible bears the same proportion to the total of all the seats on the committees as is borne by the number of members of that party to the membership of the Assembly; and

(e) subject to paragraphs (b) and (d) above, that the number of seats on each statutory committee which is allocated to each political party as far as possible bears the same proportion to the number of seats on that committee as is borne by the number of members of that party to the membership of the Assembly.

(3) The allocation of seats to parties or individual members shall be undertaken by the Business Committee and shall be approved by resolution of the Assembly.

(4) The Business Committee shall review the allocation made under paragraph (2) as soon as practicable following any numerical changes to party memberships in the Assembly.

(5) The quorum of every statutory committee shall be five, except when no decision is taken or question put to the committee, when the quorum shall be four. A quorum shall be deemed to be present where members are linked by a video-conferencing facility.

(6) A statutory committee shall continue for the duration of the Assembly unless the Assembly determines otherwise.

(7) All questions at a statutory committee shall be decided by a simple majority. Voting shall be by show of hands unless otherwise requested by a member of the committee.

50. NON-STATUTORY COMMITTEES

(1) Unless otherwise specified in Standing Orders there shall be two types of non-statutory committee in the Assembly, namely standing committees and ad hoc committees (“non-statutory committees”).

(2) Standing committees shall be permanent committees of the Assembly.

(3) Ad hoc committees may be established from time to time to deal with any specific time-bounded terms of reference that the Assembly may set.

51. ESTABLISHMENT OF STANDING COMMITTEES

(1) Unless otherwise provided for in these Standing Orders, each standing committee shall have one chairperson and one deputy chairperson appointed in accordance with this Standing Order as part of a process that is separate and distinct from the process of nominating the chairperson or deputy chairperson of a statutory committee.

(2) By reference to the consolidated list of political parties and their members, the Speaker shall calculate each party’s figure for the purpose of this Standing Order by applying the formula–

S
1 + C

where
S is the number of seats which were held by members of that party on the day on which the Assembly first met following its election.

C is the number of chairpersons and deputy chairpersons of standing committees established under this Standing Order who are members of the party.

Where two or more parties have an identical figure they shall be ranked by applying the formula –

V
1 + C

where
V is the total number of first preference votes cast for the party at the most recent general election of members of the Assembly and C has the same meaning as above.

(3) The Speaker shall then invite the nominating officer of the party with the highest figure to nominate a member of that party who is a member of the Assembly to be chairperson or deputy chairperson of a standing committee and to specify which committee that member is nominated to serve.

(4) Subject to paragraphs (5), (6) and (7) where the Speaker asks the nominating officer to make a nomination under paragraph (3) –

(a) if he or she fails to do so within 15 minutes of the request being made (whether the nominating officer was present when the request was made or not), or

(b) if the person nominated does not take up the specified office within 15 minutes, of the request being made, (whether that person was present when nominated or not),

the power shall be exercisable by the nominating officer of the party for which the formula in paragraph (2) gives the next highest figure.

(5) Where the nominating officer, the person nominated, or another member of the Assembly asks the Assembly to extend the 15 minute time period as in paragraph (4), and gives a reason or reasons for so asking, the Assembly may grant an extension.

(6) Paragraph (4) and (5) shall not operate whilst the Assembly is adjourned.

(7) Paragraphs (3) to (5) shall be applied as many times as necessary to ensure that the positions of chairperson and deputy chairperson have been filled.

(8) Once a member has accepted a nomination as chairperson or deputy chairperson the Speaker shall announce and confirm the appointment.

(9) A Minister or junior Minister may not be the chairperson or deputy chairperson of a standing committee.

(10) A member shall not be eligible for nomination as a chairperson of a standing committee if at the date of such nomination they are a chairperson of another standing committee or a statutory committee.

(11) The chairperson or deputy chairperson of a standing committee shall cease to hold office on –

(a) resigning that office by notice in writing to the Speaker;

(b) ceasing to be a member of the Assembly; or

(c) being dismissed by the nominating officer of the party which nominated him or her and the Speaker is notified of his or her dismissal.

(12) If an office of chairperson or deputy chairperson of a standing committee becomes vacant by reason of any circumstances described in paragraph (11), the nominating officer of the party on whose behalf the previous incumbent was nominated shall nominate a member of the party who is a member of the Assembly to replace the previous incumbent.

(13) If the nominating officer fails to make such a nomination within a period of ten days of the vacancy occurring or the nominated person does not take up office within this period of time the power of nomination shall become exercisable by the nominating officer of the party for which the formula in paragraph (2) gives the next highest figure. Any such nominations must comply with paragraphs (3), (9) and (10). Nominations shall be announced and confirmed by the Speaker at the next meeting of the Assembly.

52. MEMBERSHIP OF STANDING COMMITTEES

(1) Standing committees shall be constituted to reflect as far as possible the party composition of the Assembly except in so far as individual parties or individual members may waive their rights.

(2) Seats on standing committees will be allocated on a proportional basis in accordance with the following principles –

(a) that unless otherwise provided for in these Standing Orders, each standing committee shall consist of 11 members including the chairperson and deputy chairperson;

(b) that not all the seats on a standing committee are allocated to the same political party;

(c) that the majority of the seats on each standing committee be allocated to a particular political party if the number of persons belonging to that party constitutes a majority of the Assembly membership;

(d) subject to paragraphs (b) and (c) above, that the number of seats on the standing committees of the Assembly which are allocated to each political party as far as possible bears the same proportion to the total of all the seats on the standing committees as is borne by the number of members of that party to the membership of the Assembly; and

(e) subject to paragraphs (b) and (d) above, that the number of seats on each standing committee which is allocated to each political party as far as possible bears the same proportion to the number of seats on that standing committee as is borne by the number of members of that party to the membership of the Assembly.

(3) The allocation of seats to parties or individual members on the standing committees other than the Business Committee shall be undertaken by the Business Committee and shall be approved by resolution of the Assembly.

(4) The Business Committee shall review the allocation made under paragraph (2) as soon as practicable following any numerical changes to party membership in the Assembly.

(5) Unless otherwise provided for in these Standing Orders, the quorum of every standing committee shall be five, except when no decision is taken or question put to the committee, when the quorum shall be four. A quorum shall be deemed to be present where members are linked by a video-conferencing facility.

(6) Unless otherwise provided for in these Standing Orders, all questions at a standing committee shall be decided by a simple majority. Voting shall be by show of hands unless otherwise requested by a member of the committee.

53. ESTABLISHMENT OF AD HOC COMMITTEES

(1) Ad hoc committees shall be established from time to time to deal with any specific time-bounded terms of reference that the Assembly may set. The Assembly shall decide the membership of any such committee and may direct its method of operation.

(2) Each ad hoc committee may exercise the power in section 44(1) of the Northern Ireland Act 1998.

54. COMMITTEE ON PROCEDURES

(1) There shall be a standing committee of the Assembly to be known as the Committee on Procedures to consider and review on an ongoing basis the Standing Orders and procedures of the Assembly.

(2) The committee may exercise the power in section 44(1) of the Northern Ireland Act 1998

(3) The procedures of the committee shall be such as the committee shall determine.

55. BUSINESS COMMITTEE

(1) There shall be a standing committee of the Assembly to be known as the Business Committee which shall make arrangements for the business of the Assembly and perform such other duties as the Speaker may request or the Assembly determines.

(2) The committee may exercise the power in section 44(1) of the Northern Ireland Act 1998

(3) The Speaker shall be chairperson of the Business Committee.

(4) The Speaker shall nominate two members of the committee, either of whom, in the Speaker’s absence shall act as chairperson of the committee.

(5) The procedures of the Business Committee shall be such as the committee shall determine.

(6) The Business Committee shall comprise the chairperson and a maximum of twelve other members of the Assembly. Each of these other members shall be entitled to appoint a substitute member to attend the committee in his or her place.

(7) Each party delegation present at the committee, whether comprised of members or their substitutes, shall be entitled to cast a number of votes equivalent to the number of members who adhere to the whip of that party. For the purposes of this Standing Order, the Speaker shall not be considered to adhere to any whip; but a member acting as chairperson in accordance with paragraph (4) shall be considered to adhere to a whip.

(8) The Business Committee shall determine the dates of Recess.

56. PUBLIC ACCOUNTS COMMITTEE

(1) There shall be a standing committee of the Assembly designated “the Public Accounts Committee” to consider accounts, and reports on accounts laid before the Assembly.

(2) The committee may exercise the power in section 44(1) of the Northern Ireland Act 1998 and may report from time to time.

(3) Neither the chairperson nor deputy chairperson of the committee shall be a member of the same political party as the Minister of Finance & Personnel or of any junior Minister appointed to the Department of Finance and Personnel.

57. COMMITTEE ON STANDARDS AND PRIVILEGES

(1) There shall be a standing committee of the Assembly called the Committee on Standards and Privileges -

(a) to consider specific matters relating to privilege referred to it by the Assembly;

(b) to oversee the work of the Assembly Clerk of Standards; to examine the arrangements for the compilation, maintenance and accessibility of the Register of Members’ Interests and any other registers of interests established by the Assembly; and to review from time to time the form and content of those registers;

(c) to consider any matter relating to the conduct of members, including specific complaints in relation to alleged breaches of any code of conduct to which the Assembly has agreed and which have been drawn to the committee’s attention;

(d) to recommend any modifications to the code of conduct mentioned in paragraph (c);

(e) to perform the functions described in Standing Order 69(6) and (7);

(f) to make a report to the Assembly on any matter falling within this Standing Order.

(2) The committee shall be appointed at the commencement of every Assembly and may exercise the power in section 44(1) of the Northern Ireland Act 1998.

(3) There shall be an officer of the Assembly, to be known as the Assembly Commissioner for Standards, who shall carry out an investigation into any matter falling within paragraph (4) referred to him by the Assembly Clerk of Standards and shall make a report thereon to the Committee on Standards and Privileges.

(4) Those matters are -

(a) matters relating to members and Assembly privilege, including alleged breach of privilege;

(b) specific complaints about members made in relation to the registering or declaring of interests; and

(c) matters relating to the conduct of members, including specific complaints in relation to alleged contravention of -

(i) any Code of Conduct to which the Assembly has agreed; or

(ii) any Guide to the Rules Relating to the Conduct of Members approved by the Assembly.

(5) A report made under paragraph (3) may not include any recommendations for any sanction or penalty to be imposed upon any members of the Assembly.

(6) The Assembly Commissioner for Standards shall not, in the exercise of any of his functions, be subject to the direction or control of the Assembly.

(7) The Assembly Commissioner for Standards shall not be dismissed unless -

(a) the Assembly so resolves; and

(b) the resolution is passed with the support of a number of members of the Assembly which equals or exceeds two-thirds of the total number of seats in the Assembly.

58. AUDIT COMMITTEE

(1) There shall be a standing committee of the Assembly to be known as the Audit Committee to exercise the functions mentioned in section 66(1) of the Northern Ireland Act 1998. In accordance with section 66(2) of that Act, no more than one member of the committee shall at the same time be a member of the Public Accounts Committee.

(2) Any motion for a resolution of the Assembly relating to the salary payable under Article 4(1) of the Audit (Northern Ireland) Order 1987 to the holder of the office of Comptroller and Auditor General shall be tabled on behalf of the committee.

(3) The committee may exercise the power in section 44(1) of the Northern Ireland Act 1998.

(4) The committee shall have a membership of five and a quorum of two.

59. ASSEMBLY AND EXECUTIVE REVIEW COMMITTEE

(1) There shall be a standing committee of the Assembly to be known as the Assembly and Executive Review Committee.

(2) The committee may -

(a) exercise the power in section 44(1) of the Northern Ireland Act 1998;

(b) report from time to time to the Assembly and the Executive Committee.

(3) The committee shall consider -

(a) the operation of sections 16A to 16C of the Northern Ireland Act 1998; and

(b) in particular whether to recommend that the Secretary of State should make an order amending the Northern Ireland Act 1998 and any other enactment so far as may be necessary to secure that they have effect, as from the date of the election of the 2011 Assembly, as if the executive selection amendments had not been made.

(4) The committee shall also consider -

(a) such matters relating to the operation of the provisions of Parts 3 and 4 of the Northern Ireland Act 1998 as enable it to make the report referred to in section 29A(3) of that Act; and

(b) such other matters relating to the functioning of the Assembly or the Executive Committee as may be referred to it by the Assembly.

(5) In this Standing Order “the 2011 Assembly” and “the executive selection amendments” have the same meanings as in section 29B of the Northern Ireland Act 1998;.

60. AD HOC COMMITTEE ON CONFORMITY WITH EQUALITY REQUIREMENTS

(1) The Assembly may appoint an ad hoc committee to examine and report on whether a Bill or proposal for legislation is in conformity with equality requirements (including rights under the European Convention on Human Rights or any Northern Ireland Bill of Rights).

(2) The committee may exercise the power in section 44(1) of the Northern Ireland Act 1998.

(3) The Assembly shall consider all reports of the committee and determine the matter in accordance with the procedures on cross-community support within the meaning of section 4(5) of the Northern Ireland Act 1998.

(4) Where there is a Petition of Concern the Assembly shall vote to determine whether the measure or proposal for legislation may proceed without reference to the above procedure. If this fails to achieve support on a parallel consent basis the procedure as at (1) – (3) above shall be followed.

61. SERVICE ON COMMITTEES

Within one week of the establishment of any committee of the Assembly, the Speaker shall seek nominations of members to serve on that committee from party leaders (or their nominees).

62. COMMITTEE MEMBERS VOTING IN THE CHAMBER

Where it is known to a committee of the Assembly that a vote of any kind is to be taken imminently at a sitting of the Assembly in Plenary, the chairperson of the committee or a deputy acting in his or her stead shall suspend the proceedings of the committee to enable members to vote.

63. SUB COMMITTEES

(1) Each committee (“the parent committee”), in the discharge of its functions, may establish sub-committees.

(2) Unless with the approval of the Business Committee and the Assembly, a parent committee shall establish no more than one sub-committee to operate at any one time.

(3) A sub-committee shall be appointed to consider specific, time-bounded matters within the terms of reference set by the parent committee and shall -

(a) report only to that committee; and

(b) stand dissolved on disposal of those matters.

(4) A sub-committee shall not take any decision on behalf of the parent committee.

(5) A parent committee may appoint a member to be the Convenor of a sub-committee.

(6) Each sub-committee shall, in as far as is practicable, reflect the party strengths in the Assembly.

(7) The quorum of a sub-committee shall be determined by the parent committee.

(8) The proceedings of a sub-committee shall be such as the parent committee shall determine.

64. MATTERS OF JOINT CONCERN: OPTIONS AVAILABLE TO COMMITTEES

Where a matter may be of concern to two or more committees ("the relevant committees") it may be dealt with by –

(a) one of the relevant committees disposing of it, in accordance with Standing Order 64A;

(b) the relevant committees sitting concurrently, in accordance with Standing Order 64B;

(c) an ad hoc joint committee established for that purpose, in accordance with Standing Order 64C.

64A. MATTERS OF JOINT CONCERN: DISPOSAL BY ONE COMMITTEE

(1) The chairpersons of the relevant committees shall consult and agree which committee the matter should fall to for disposal. Where they are unable to agree, they shall make their views known to the Business Committee which shall rule on which committee the matter should fall to for disposal.

(2) The committee to which the matter falls for disposal shall seek the views and establish the interests of the other relevant committees before arriving at any conclusions and may invite the other relevant committees to carry out the consideration of any stated issue and provide it with a draft report.

64B. MATTERS OF JOINT CONCERN: COMMITTEES SITTING CONCURRENTLY

(1) The relevant committees shall consult and agree that the matter be disposed of by the relevant committees sitting concurrently.

(2) The procedures normally applicable to committees shall continue to apply to concurrent sittings, save that the relevant committees shall, as far as practicable, operate as a single committee. While operating as a single committee, they shall, for example, deliberate and consider any evidence together, produce a single set of minutes, and prepare any reports together.

(3) The chairpersons of the relevant committees shall consult and agree that–

(a) one of them shall act as chairperson and another as deputy chairperson, or

(b) the posts of chairperson and deputy chairperson shall be rotated between them.

The chairpersons shall prefer that a person not act as chairperson at the concurrent sittings if he or she is of the same party as a Minister (including the First Minister and deputy First Minister) who the concurrent sittings may advise or assist.

(4) Where the chairpersons of the relevant committees fail to agree on one of the alternatives set out in paragraph (3), they shall make their views known to the Business Committee which shall rule on the matter.

(5) For the avoidance of doubt –

(a) a person acting as chairperson at a concurrent sitting, who is a chairperson of one of the relevant committees, shall not be regarded as breaching any prohibition in Standing Order 48(13) or 51(10);

(b) a quorum shall be present at a concurrent sitting if there is a quorum present for each of the relevant committees;

(c) all questions at concurrent sittings shall be decided by a simple majority of all members present; voting shall be by a show of hands unless otherwise requested by a member of a relevant committee.

64C. MATTERS OF JOINT CONCERN: ESTABLISHMENT OF JOINT COMMITTEE

(1) The relevant committees shall consult and agree that the matter be disposed of by the establishment of an ad hoc joint committee.

(2) Save as is set out below, the ad hoc joint committee shall be established in accordance with Standing Order 53.

(3) Membership of the ad hoc joint committee shall be drawn from the memberships of the relevant committees.

(4) The ad hoc joint committee shall appoint its own chairperson and deputy chairperson, and if it fails to do so, it shall make its views known to the Business Committee which shall rule on the matter.’

Good Order

65. ORDER IN THE ASSEMBLY

(1) The Speaker may, if any member -

(a) wilfully assaults, molests, obstructs or acts in a disorderly manner towards the Speaker or any other member;

(b) persistently and wilfully obstructs the business of the Assembly;

(c) is guilty of disorderly conduct;

(d) wilfully assaults, obstructs or resists any police constable or officer of the Assembly acting under the authority of the Speaker;

(e) uses unparliamentary words which he or she refuses to withdraw;

(f) persistently or wilfully refuses to conform with Standing Orders; or

(g) persistently or wilfully disregards the authority of the Speaker,

order the member to withdraw immediately from the Chamber and its precincts during the remainder of that day’s sitting and the Director of Properties shall act upon any instructions as he or she may receive from the Speaker in pursuance of this Standing Order.

(2) Whenever a member shall have been named by the Speaker, immediately after the commission of the offence of disregarding the authority of the Speaker, or of persistently and wilfully obstructing the business of the Assembly by abusing the rules of the Assembly or otherwise, then if the offence has been committed by such member in the Assembly, the Speaker shall forthwith put the question, on a motion being made, “That such member be suspended from the service of the Assembly” for a period of up to five sitting days.

(3) Where for any reason the Speaker does not declare the suspension of a member under this Standing Order at the sitting of the Assembly during which the offence occurred, he or she shall inform the Assembly at its next sitting of the member’s offence and shall forthwith put the question on a motion being made, “that such member be suspended from the service of the Assembly” for a period of up to five sitting days.

(4) A member who is suspended under this Standing Order shall not be admitted to the Assembly chamber or its precincts. For the purposes of this Standing Order the precincts shall include any part of Parliament Buildings.

(5) The Speaker shall take whatever steps he or she deems necessary in the circumstances to prevent conduct which would constitute a criminal offence or a contempt of court.

(6) In the case of grave disorder arising in the Assembly, the Speaker may, if he or she thinks it necessary, adjourn the Assembly without question put or suspend any sitting for one hour.

66. VISITORS TO THE ASSEMBLY

(1) When the Assembly is sitting visitors may be admitted only to such places as may be reserved for them by the Speaker.

(2) The Speaker may, whenever he or she thinks fit, order the withdrawal of visitors from all or any part of Parliament Buildings.

(3) Visitors shall only be admitted to the Public Gallery after Prayers.

(4) Visitors shall not be permitted to take into the Public Gallery of the Assembly any mobile telephone, tape recorder, briefcase or large bag.

(5) For the purposes of this Standing Order the term “visitors” includes all persons other than members, officers and servants of the Assembly.

67. VISITORS TO COMMITTEE

Chairpersons of committees shall, in relation to visitors, exercise the same powers as the Speaker within those places and precincts of the Assembly that are from time to time assigned to their use for the purposes of committee business. For the purposes of this Standing Order anyone who is not a member or officer of the committee may be regarded as a visitor.

68. Director of Properties

(1) The Director of Properties attending the Assembly shall remove any visitor whom he or she may see, or who may be reported to him or her to be, in any part of the Assembly or gallery appropriated to the members of the Assembly, and also any visitor who, having been admitted into any other part of the Assembly or gallery, shall misconduct himself or herself, or shall not withdraw when visitors are directed to withdraw, while the Assembly, or any committee of the Assembly, is sitting.

(2) The power conferred upon the Director of Properties by paragraph (1) of this Order may, if the chairman of a committee so directs, be exercised in respect of any person who is not a member of the committee or officer of the Assembly serving the committee.

Standards and Privilege

69. MEMBERS’ INTERESTS

(1) A Register of Members’ Interests, which shall list the categories of registrable interest, shall be established, published and made available for public inspection.

(2) The Clerk of Standards shall compile, and from time to time publish, the Register of Members’ Interests.

(3) Every member of the Assembly shall inform the Clerk of Standards of such particulars of his or her registrable interests as shall be required, and of any alterations to such interests within four weeks of each change occurring.

(4) Before taking part in any debate or proceeding of the Assembly or its committees, a member shall declare any interest, financial or otherwise, which is relevant to that debate or proceeding, where such interest is held by the member or an immediate relative.

(5) No member of the Assembly shall, in any proceeding of the Assembly, in return for payment or benefit mentioned in paragraph 61 of the Guide to the Rules Relating to the conduct of members, approved by the Assembly on 15 October 2001 [“the Guide”] -

(a) advocate or initiate any cause or matter on behalf of any outside body or individual;

(b) urge any other member of the Assembly to do so.

(6) Where it appears to the Committee on Standards and Privileges that a member has failed to comply with any provision of this Order or any Code of Conduct agreed by the Assembly, the committee may make a report to the Assembly.

(7) A report made under paragraph (6) may include a recommendation that the member -

(a) be excluded from proceedings of the Assembly for a specified period; and

(b) have his or her rights and privileges as a member withdrawn for that period.

(8) In this Standing Order -

“Financial interest” means any registrable interest other than one falling within paragraph 26 or 27 of the Guide;

“Registrable interest” means any category of registrable interest falling within paragraphs 14 to 37 of the Guide.

70. PRIVILEGE

(1) Any member who wishes to raise a matter of privilege shall give the Speaker notice of his or her intention and acquaint the Speaker of the details of the matter in writing.

(2) At any time after any questions have been disposed of, other than when a division is in progress, a member who has given notice and details as above may rise in his or her place and claim to move that a specific matter affecting the privilege of the Assembly shall be referred to the Committee on Standards and Privileges.

(3) If in the opinion of the Speaker a prima facie case of breach of privilege has been made out by a member under paragraph (1) of this Standing Order and if it also appears to the Speaker that the matter has been raised at the first available opportunity then the Speaker shall so inform the Assembly and refer the matter to the Committee on Standards and Privileges. Provided that when a matter of privilege is raised of which the Speaker has not received sufficient notice, the Speaker may defer informing the Assembly of his or her decisions on the matters aforesaid until the next day on which the Assembly shall meet.

(4) Any member complaining to the Assembly of a statement in a newspaper, book or other publication as a breach of privilege shall hand in to the Speaker a copy of the newspaper, book, publication or any other medium containing the statement in question.

Other Orders

71. OATH

Where an oath is to be administered it shall be in the following form -

“I swear by Almighty God that the evidence I shall give shall be truthful and honest, and that I will give the Committee/Assembly all such information and assistance as I can to enable it to discharge its responsibilities”;

but where the person giving the evidence prefers to affirm, the affirmation shall be in the following form -

“I do solemnly, sincerely and truly declare that the evidence I shall give shall be truthful and honest, and that I will give the Committee/Assembly all such information and assistance as I can to enable it to discharge its responsibilities”.

72. ADMINISTRATION OF OATH

In addition to the Speaker the following persons may administer an oath and require any person giving evidence in the proceedings of the Assembly or its committees, as appropriate, to take such oath -

(a) Deputy Speaker;

(b) Committee chairpersons or
Deputy chairpersons;

(c) the Clerk;

(d) the Director of Clerking and Reporting;

(e) a Clerk Assistant;

(f) a Committee clerk.

73. SUB JUDICE

(1) Subject always to the discretion of the chairperson and to the right of the Assembly to legislate on any matter within its legislative competence, matters awaiting or under adjudication in all courts exercising a criminal jurisdiction and in courts martial should not be referred to -

(a) in any motion (including a motion for leave to bring in a Bill),

(b) in debate,

(c) in any question to a Minister including a supplementary question, or

(d) in any statement made pursuant to Standing Order 24.

(2) Subject as mentioned above, matters awaiting or under adjudication in a civil court should not be referred to -

(a) in any motion (including a motion for leave to bring in a Bill),

(b) in debate,

(c) in any question to a Minister including a supplementary question, or

(d) in any statement made pursuant to Standing Order 24

from the time that the case has been set down for trial or otherwise brought before the court, as for example by notice of motion for an injunction; such matters may be referred to before such date unless it appears to the chairperson that there is a real and substantial danger of prejudice to the trial of the case.

(3) Paragraphs (1) and (2) of this Order should have effect -

(a) in the case of a criminal case in courts of law, including courts martial, from the moment the law is set in motion by a charge being made;

(b) in the case of a civil case in courts of law, from the time that the case has been set down for trial or otherwise brought before the court, as for example by notice of motion for an injunction;

(c) in the case of any judicial body to which the Assembly has expressly referred a specific matter for decision and report, from the time when the Resolution is passed.

(4) Paragraphs (1) and (2) of this Order should cease to have effect -

(a) in the case of courts of law, when the verdict and sentence have been announced or judgement given, but resumed when notice of appeal is given until the appeal has been decided;

(b) in the case of courts martial, when the sentence of the court has been confirmed and promulgated, but resumed when the convicted person petitions the Army Council, the Air Council or the Board of Admiralty;

(c) in the case of any judicial body to which the Assembly has expressly referred a specific matter for decision and report, as soon as the report is laid before the Assembly.

(5) Notwithstanding the above and subject to the discretion of the chairperson, reference may be made in questions, motions or debate to matters awaiting or under adjudication in all civil courts, in so far as such matters relate to a Ministerial decision which cannot be challenged in court except on grounds of misdirection or bad faith, or concern issues of importance such as the economy, public order or the essentials of life.

(6) In exercising its discretion the chairperson should not allow reference to such matters if it appears that there is a real and substantial danger of prejudice to the proceedings.

74. NEWS MEDIA

(1) Notwithstanding anything contained elsewhere in Standing Orders (see Visitors), unless otherwise ordered, members of the news media shall be admitted under supervision only to such places in the Assembly Building and its precincts as may be specified by the Speaker.

(2) The Speaker may, if he or she thinks fit, order the withdrawal of members of the news media from sittings of the Assembly and its committees.

(3) Members of the news media shall not be permitted to take into the Assembly any mobile telephone, tape recorder, briefcase or large bag.

(4) Unless the prior permission of the Speaker has been sought and granted, members of the news media shall not be permitted to take a camera into the Assembly Chamber or its precincts.

(5) Unless the prior permission of the Speaker has been sought and granted, members of the news media shall not be permitted to photograph, interview or record in areas not designated for the purpose.

(6) Chairpersons of committees and those acting in their stead under these Standing Orders shall, in relation to the news media, exercise the same powers as the Speaker within those places and precincts of the Assembly that are from time to time assigned for the purposes of committee business.

75. OFFICE OF CLERK AND RECORDS OF THE ASSEMBLY

(1) All proceedings of the Assembly shall be noted by the Clerk and the minutes of proceedings after being perused and signed by the Speaker, shall be printed and shall constitute the Journal of the Proceedings of the Assembly.

(2) The Clerk shall have custody of all Journals of Proceedings, records and other documents belonging to the Assembly.

(3) During any vacancy in the Office of Clerk, or in his or her absence, the functions and duties of the Clerk shall be exercised and performed by the Director of Clerking and Reporting or if there is a vacancy in that office also or he or she is also absent, by a Clerk Assistant.

76. REMUNERATION AND PENSIONS

(1) Any determination made by the Assembly on Remuneration and Pensions under section 47 of the Northern Ireland Act 1998 shall be published by the Speaker in the Belfast Gazette and/or in such other publication/s as the Assembly shall from time to time direct.

(2) The Speaker shall also make arrangements for the publication of details for each financial year of sums paid by the Assembly to its current members and its former members. The Speaker shall also publish a list of the offices in the Assembly the holders of which receive salaries or allowances greater than the salaries and allowances received by members in general, together with the salary or allowance each such office-holder is entitled to receive.

77. SUSPENSION OF STANDING ORDERS

Subject to the requirements of the Northern Ireland Act 1998, a member may move a motion for the suspension of one or more Standing Orders in whole or in part. A motion under this Standing Order shall require cross-community support within the meaning of section 4(5) of the Northern Ireland Act 1998.

78. LANGUAGE

Members may speak in the language of their choice.

79. APPOINTMENTS TO THE ASSEMBLY COMMISSION

(1) The Assembly shall by resolution appoint the prescribed number of members of the Assembly to be members of the Commission.

(2) Appointments under paragraph (1) shall be made within 28 days after the first sitting of the Assembly after dissolution.

(3) Any resolution under this Standing Order shall require cross-community support.

(4) In the event of a vacancy occurring, the Speaker shall, as soon as may be possible, inform the Assembly of the vacancy. Any vacancy shall be filled by resolution of the Assembly within 28 sitting days of the vacancy occurring.

(5) A person shall not be eligible for appointment as a member of the Commission if he or she holds a relevant office.

(6) Where a member of the Assembly is appointed to a relevant office he or she shall forthwith cease to be a member of the Commission.

(7) A Commissioner may at any time resign by giving notice in writing to the Speaker.

(8) In this Standing Order a relevant office means a Minister, a junior Minister or a chairperson or deputy chairperson of -

(a) a statutory committee;

(b) the Public Accounts Committee;

(c) the Audit Committee.

80. OFFICIAL REPORT (HANSARD)

(1) A substantially verbatim report of the proceedings at all sittings of the Assembly and committee meetings that form part of the legislative process or at which evidence that will contribute to a report by a committee is being taken shall be prepared and published. The report shall be known as the Official Report (Hansard) and shall be a record of the proceedings in the language spoken.

(2) A revised edition of the Official Report (Hansard) for all Assembly sittings and committee meetings which form part of the legislative process shall be prepared in bound volume form at such times as the Speaker shall determine. Such bound volumes shall also contain written questions and answers for the period covered.

(3) Editorial control of the Official Report (Hansard) shall rest ultimately with the Speaker but shall be exercised on his or her behalf by the Editor of Debates.

81. INTERPRETATION

In these Standing Orders -

“Days” means calendar days.

“Working Days” means periods of days excluding Saturdays and Sundays when the Assembly is not in Recess.

“Sitting Days” are all days Monday to Friday, excluding public holidays and Recess.

“Nominating officer”, in relation to a party, means:

(a) the person registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 as the party’s nominating officer; or

(b) a member of the Assembly nominated by him.