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DEPARTMENT OF JUSTICE BILL

EXPLANATORY AND FINANCIAL MEMORANDUM

INTRODUCTION

1. This Explanatory and Financial Memorandum has been prepared by the Office of the First Minister and Deputy First Minister in order to assist the reader of the Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.

2. The Memorandum needs to be read in conjunction with the Bill. It is not, and is not meant to be, a comprehensive description of the Bill. So where a clause or part of a clause or schedule does not seem to require an explanation or comment, none is given.

BACKGROUND AND POLICY OBJECTIVES

3. Assembly and Executive Review Committee on the arrangements for the devolution of policing and justice matters. The report does not specify a date for devolution, and its 15 recommendations deal with some, but not all, of the issues that need to be addressed before there would be a request for the transfer of the range of On 20 January 2009, the Assembly carried a motion approving a report of the policing and justice powers. The report identifies further issues requiring detailed consideration, and these will be addressed in a second report of the Committee later in 2009.

4. The report records that the Committee paid particular regard to letters it received from the First Minister and deputy First Minister, dated 28 July, 18 November and 12 December 2008. A process document that accompanied the letter dated 18 November, containing 37 actions, provided context for the Committee in fulfilling the mandate given to it on policing and justice matters by the Assembly on 23 September 2008.

5. Recommendations 1 and 2 of the report relate to the establishment of a department to exercise powers in relation to policing and justice matters, and are relevant to this Bill. Recommendations 9 to 12 relate to the arrangements for appointing, removing and replacing a Minister of Justice and are also relevant to the Bill.

6. The purpose of the Bill is twofold. Firstly it creates a Department of Justice, and, secondly, it makes arrangements to enable the appointment of a Minister of Justice. This is because it will be necessary for there to be a department to take receipt of the transferred powers and for a Minister to be appointed to exercise those powers from the point at which devolution occurs. The Bill is an essential element in the devolution process. However, it does not give effect to devolution, but rather, is necessary as ground-laying for other essential legislation and machinery of government steps in moving to implement devolution.

7. The provisions of the Bill are time-bounded until not later than May 2012, by which time permanent arrangements would be put in place.

CONSULTATION

8. The policy proposals underpinning the Bill were subject to detailed scrutiny in the Assembly debate (20 January 2009) which preceded the carrying of the motion approving the report of the Assembly and Executive Review Committee. In addition, the provisions in the Bill make only essential preparations for the future transfer of policing and justice powers and do not of themselves give effect to devolution of such powers. Consequently, pre-legislative consultation on the Bill is not considered necessary.

OPTIONS CONSIDERED

9. The options were to do nothing until there is a decision of the Assembly to request the devolution of policing and justice powers or to make essential statutory preparations in advance of any such future decision so it can be given effect in the shortest possible timescale.

10. Given the scale and importance of the functions which would transfer on the devolution of policing and justice powers, the transfer should occur without undue delay following an Assembly decision to proceed. In order that the lead-in process to devolution should be as straight-forward and short as possible, essential statutory preparations should be made if possible in advance of an Assembly decision to proceed. The do nothing option, therefore, was not considered appropriate and the preference is for the introduction of the Bill to create the Department of Justice and establish the arrangements for the appointment of the Minister of Justice, as matters already agreed by the Assembly.

OVERVIEW

11. The Bill contains 3 clauses: The first clause establishes the Department of Justice as a Northern Ireland department, prescribes its intended functions, and makes consequential amendments to insert the Department’s name in Schedule 1 of the Departments (Northern Ireland) Order 1999 (which lists the Northern Ireland departments) and also in Schedule 2 of the Ombudsman (Northern Ireland) Order 1996 (which lists the bodies subject to investigation). The second clause sets out the arrangements for appointing the Minister of Justice. Clause 3 covers the title of the Act and arrangements for its commencement (it will come into operation on such day as the First Minister and deputy First Minister may by order appoint).

12. Schedule 1 of the Bill tidies reference to the new Department by amending references to “justice department” in certain other legislation to “Department of Justice”, thus ensuring consistency of terminology.

FINANCIAL EFFECTS OF THE BILL

13. The provisions of the Bill allow for the creation of a Department of Justice to take receipt of policing and justice powers and make arrangements for appointing the Minister of Justice. However, the actual transfer of powers will only occur once an order has been made by the Secretary of State in accordance with section 4 of the Northern Ireland Act 1998. Consequently, the Bill is preparatory only in nature and does not have any immediate financial cost. A Budget Bill will need to be brought forward in the Assembly before the date of devolution to authorise expenditure by the Department of Justice.

HUMAN RIGHTS ISSUES

14. No human rights issues are anticipated.

EQUALITY IMPACT ASSESSMENT

15. As the Bill is preparatory in nature, it is not anticipated to have any impact on the nine categories under section 75 of the Northern Ireland Act 1998.

SUMMARY OF THE REGULATORY IMPACT ASSESSMENT

16. Since the Bill does not contain any provisions that will result in an increased or adverse impact on business, charities or the community and voluntary sectors, no Regulatory Impact Assessment has been conducted.

LEGISLATIVE COMPETENCE

17. The First Minister and deputy First Minister have made the following statement under section 9 of the Northern Ireland Act 1998:
“In our view the Department of Justice Bill would be within the legislative competence of the Northern Ireland Assembly.”

SECRETARY OF STATE CONSENT

18. A statement is required under section 10(3)(b) of the Northern Ireland Act 1998, on Secretary of State consent:

"The Secretary of State has consented under section 10(3) (b) of the Northern Ireland Act 1998 to the Assembly considering this Bill."