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PRESS RELEASE
PROC 6/07

3 November 2008

PROCEDURES COMMITTEE PUBLISHES REPORT ON INQUIRY INTO PRIVATE LEGISLATION

The Northern Ireland Assembly Standing Committee on Procedures today published a Report on the Inquiry into Private Legislation, having taken evidence from key stakeholders. The report contains twenty seven recommendations aimed at establishing and introducing a robust system for taking private legislation through the Northern Ireland Assembly.

Launching the Committee’s Report on the Inquiry into Private Legislation, Committee Chairperson, Lord Morrow of Clogher Valley, MLA, stated, “In its inquiry, conducted over the past year, the Committee sought information by carrying out comparative research on private bill procedures from other UK and EU legislatures which included taking on board best practice issues to adopt when introducing an efficient and effective set of procedures for private bills.

“The Committee considers that it is of the utmost importance that private bills undergo preliminary scrutiny and are assessed against strict criteria before introduction. In addition, the Committee recognises the need for a well structured process and has recommended that the stages of private bills will reflect those in place for public bills which in doing so will ensure that the interests of the public are properly safeguarded.”

ENDS

Notes for Editors

BACKGROUND INFORMATION

The Executive Summary and key recommendations contained in the Committee’s report are attached. The complete report can be obtained on the Committee’s homepage on the Northern Ireland Assembly website at:

http://archive.niassembly.gov.uk/procedures/2007mandate/proceduresmain.htm

  1. Private legislation is a bill for the purpose of obtaining for an individual, body corporate or an unincorporated association of persons particular powers, exemptions or benefits in excess of or in conflict with general law and includes a bill relating to the estate, property, status or style, or otherwise relating to the personal affairs, of the promoter.
  2. In the main private bills are likely to involve bills relating to the legislative arrangements for charities, colleges, churches, powers sought by local authorities and in the general area of company law. Private bills often ask for exemptions from or additional powers to public law.
  3. For example, in 2007 the National Trust introduced, in Westminster, a private bill related to its governance structures in Northern Ireland. This private bill would have come to the Assembly had it been restored at that time .
  4. Private bills are not routine in other legislatures but they are not uncommon and the likelihood is that a private bill will be introduced to the Northern Ireland Assembly sooner rather than later.
  5. With this in mind the Committee on Procedures has recently undertaken an inquiry into private bills with the aim of producing Standing Orders to govern their progress through the Assembly.
  6. The report to be debated on 3 rd November is the outcome of the deliberations of the Committee on Procedures and explores key issues such as scrutiny before the bill is introduced, what stages a private bill should go through, how to handle the quasi judicial nature of private bills at committee stage and fees to be charged for the introduction of and objection to private bills.
  7. One key finding is that the role of a private bill committee will be very different to normal Assembly committees. During the committee stage, one of the main roles of the private bill committee will be to arbitrate between the body or individual promoting the bill (the promoter) and bodies or individuals who are opposed because it damages their private interests (objectors). The private bill committee will have the responsibility to decide between conflicting claims of private interests. It will act in a quasi judicial role allowing cross examination of the promoter by objectors and vice versa and both sides will be allowed to do this through legal representation – if they so wish.
  8. Committee Membership:
    Lord Morrow (DUP) (Chairperson)
    Mervyn Storey (DUP) (Deputy Chairperson)
    Mickey Brady (SF)
    Francie Brolly (SF)
    Lord Browne (DUP)
    Raymond McCartney (SF)
    David McClarty (UUP)
    Adrian McQuillan (DUP)
    Sean Neeson (Alliance)
    Declan O’Loan (SDLP)
    Ken Robinson (UUP)
  9. Further information on the work of the Committee is available on the Committee pages of the Northern Ireland Assembly website: archive.niassembly.gov.uk
    Enquiries about the work of the Committee should be directed to the Clerk of the Committee, Ms Stella McArdle, Room 430, Parliament Buildings, Stormont, Belfast BT4 3XX. Telephone 028 90521475 or to the Chairperson, Room 35, Parliament Buildings, Stormont, Belfast BT4 3XX
    Debra Savage, Press Officer, Northern Ireland Assembly Information Office, Room B2, Parliament Buildings, Belfast BT4 3XX
    Telephone: 028 90521405
    Mobile : 07920 864221
    Email: Debra.Savage@niassembly.gov.uk

EXECUTIVE SUMMARY

  1. At its meeting on 30 May 2007 the Committee on Procedures agreed to undertake an inquiry to address the need for procedures for taking private legislation through the Northern Ireland Assembly.
  2. Private legislation is a bill for the purpose of obtaining for an individual, body corporate or an unincorporated association of persons particular powers, exemptions or benefits in excess of or in conflict with general law and includes a bill relating to the estate, property, status or style, or otherwise relating to the personal affairs, of the promoter.
  3. As part of its initial scrutiny of private legislation, the Committee sought comparative research on procedures in other legislatures and arranged best practice visits to the Scottish Parliament, Westminster and the Dáil. In its call for evidence the Committee received nine written submissions and took oral evidence from six organisations.
  4. An analysis of the evidence highlighted a number of key issues which included the proposed Assembly stages for private bills; application of fees; objections to a private bill; private bill committees and hybrid bills.
  5. From the evidence received, the Committee considered that the stages of a private bill should reflect those in place for public bills for the Assembly. These include Preliminary Scrutiny, Introduction (first stage), Second Stage, Committee Stage, Consideration Stage, Further Consideration Stage and Final Stage. The Committee’s consideration of each of these stages is covered separately in the report.
  6. This report represents the outcome of the Committee’s consideration of the inquiry into private legislation. The key areas that the Committee focused on relate to the importance of private bills undergoing preliminary scrutiny with tests of appropriateness applied before they are introduced to the Assembly; the private bill committee being allowed the power to make amendments; and the promoter and objector being able to present their case and cross examine each other during the Committee Stage. Also, highlighted within the report are the need for possible adjournment of Consideration Stage; the introduction of appropriate fees and criteria for the assessment of objections.
  7. In conclusion, the report contains 26 recommendations which aim to put in place a robust process with an efficient and effective set of procedures for taking private legislation through the Northern Ireland Assembly.

Summary of Recommendations

Recommendation 1

The Committee on Procedures recommend that private bills should undergo a preliminary scrutiny before they are introduced to the Assembly and that the tests for the appropriateness of a private bill should be carried out at pre introductory stage.

Recommendation 2

The Committee recommend that an official of the Assembly (to be known as the Examiner of Private Bills) should undertake a preliminary scrutiny of the bill with a view to reporting to the Speaker on whether it meets the special requirements for private bills as laid down in Standing Orders.

Recommendation 3

The Committee recommend that the promoter must be able to demonstrate to the Examiner of Private Bills that the bill meets a number of criteria before being eligible for introduction.

Recommendation 4

After due consideration the Committee recommend that the stages for private bills should, as far as possible, reflect those in place for public bills for the Assembly.

Recommendation 5

The Committee on Procedures recommend that the introduction of a private bill will be an announcement by the Speaker that a private bill has been received and will now be published.

Recommendation 6

The Committee recommend that there should be a minimum of 60 working days between first and second stage.

Recommendation 7

The Committee recommend that the private bill committee established at first stage should report to the Assembly on the principles of the bill and invite, receive, assess and allow or disallow objections.

Recommendation 8

The Committee recommend that both the promoter and the objectors be allowed to present their case to the private bill committee, are able to call witnesses to support their evidence, that the promoter and objector be allowed to cross examine one another under the direction of the committee and be allowed legal representation.

Recommendation 9

The Committee on Procedures recommend that private bill committees should have the power to amend a bill in committee.

Recommendation 10

Where no objections have been received, the Committee recommend that the private bill be referred to a private bill committee.

Recommendation 11

The Committee on Procedures recommend that the Consideration Stage of a private bill should follow the procedures and protocols for a public bill.

Recommendation 12

The Committee on Procedures recommend that the Further Consideration Stage of a private bill should follow the procedures and protocols for a public bill.

Recommendation 13

The Committee on Procedures recommend that the Final Stage, Reconsideration Stage and Royal Assent of a private bill should follow the procedures and protocols for a public bill.

Recommendation 14

The Committee on Procedures recommend that private bills should not be subject to the Standing Order which provides for accelerated passage.

Recommendation 15

The Committee on Procedures recommend that 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.

Recommendation 16

The Committee on Procedures recommend that a private bill shall not be carried forth if the Assembly stands dissolved or is suspended.

Recommendation 17

The Committee on Procedures recommend that it will be appropriate for the Assembly Commission to apply a fee of £5,000.00 to the promoter of a private bill to cover the administration costs that will arise from the Assembly Stages of the bill.

Recommendation 18

The Committee on Procedures recommend that fees for charitable religious and educational organisations and for literary or scientific purposes from which no private profit or advantage is derived be reduced by 75%.

Recommendation 19

The Committee recommend that late objections will be allowed in special circumstances.

Recommendation 20

The Committee on Procedures recommend a list of criteria for an objection to a private bill.

Recommendation 21

The Committee recommend to the Northern Ireland Assembly Commission that the fee for an objection be set at £20.00 and in the event of a withdrawal of the objection, is non refundable.

Recommendation 22

The Committee on Procedures recommend that a private bill committee in the Assembly has a membership of five appointed by motion from the Business Committee.

Recommendation 23

The Committee on Procedures recommend that the quorum of the private bill committee will be three and full attendance of the membership will be required unless special circumstance prevents a Member from attending.

Recommendation 24

The Committee on Procedures recommend that a private bill committee will elect its chairperson and deputy chairperson at its first meeting and that voting will be by simple majority. Given the small number of members, the Committee on Procedures further recommend that in the event of a tied vote, the chairperson should have a casting vote.

Recommendation 25

The Committee on Procedures recommend that private bill committees may exercise the powers in section 44(1) of the Northern Ireland Act.

Recommendation 26

The Committee on Procedures recommend that, prior to the introduction of the Assembly’s first private bill, detailed guidance for promoters and objectors be published by the Bill Office.