The Assembly met at 10.30 am (the Initial Presiding Officer (The Lord Alderdice of Knock) in the Chair).

Presiding Officer's Business

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Mr P Robinson:

On a point of order, Mr Initial Presiding Officer.

The Initial Presiding Officer:

I cannot take a point of order now, because the Assembly has not quite been constituted. I will take it later.

I have received the following letter from the Secretary of State:

"Under the Northern Ireland (Elections) Act 1998 it is my responsibility to determine at what times the Assembly shall meet. In accordance with the schedule to that Act, I hereby direct that the Assembly shall meet from 15 July at 10.30 am until 30 July at 6.00 pm."

I will take your point of order now, Mr Robinson.

Mr P Robinson:

Mr Initial Presiding Officer, can you assure the Assembly that the notification that you have just read was communicated to every party in the Assembly and that the Ulster Unionists, in particular, are aware that the Assembly is meeting? We need to know that they knew about the sitting but did not want to come and take a stand to exclude Sinn Féin from the Executive.

The Initial Presiding Officer:

All reasonable precautions were taken to ensure that all Members and all parties were informed, and I have no reason to believe that any were not.

Rev Dr Ian Paisley:

Further to that point of order, Mr Initial Presiding Officer. Would it be correct to conclude that the First Minister (Designate) had, of course, been informed that the Assembly was meeting?

The Initial Presiding Officer:

I have nothing to add to my previous comment. Under Initial Standing Order 22(2)(b), notice of a motion under Standing Order 24(1) or (2) requires the Presiding Officer to defer the procedure for the appointment of Ministers (Designate) until the Assembly has voted on that motion but, subsequent to that vote, requires him immediately to proceed. I have received such a notice of motion.

Before taking the motion, I wish to make two rulings which shall apply to this first item of business.

First, while giving notice of a motion under Standing Order 24 has no specific requirements, the moving of such a motion requires that one of three criteria must be met. These criteria are set out under Standing Order 24(5). As I have received no notice under Standing Order 24 5(b) or (c) I shall invite the proposer to provide evidence that criterion (a) is met. I will accept written notice bearing the signature of 30 Members, or the support of 30 Members demonstrated by their rising in their places, or both.

If this criterion is met the motion may be moved and the debate will proceed. If it is not met I will not allow the motion to be moved and the procedure for the appointment of Ministers (Designate) shall immediately proceed as required by Standing Order 22(2).

In either event my second ruling shall apply. It is that, once commenced, the procedure under Standing Order 22 will not be interrupted except by leave of the Assembly or in terms described by Standing Order 22(7) where a nominating officer requests a brief adjournment. This second ruling is based on the practice described in ‘Erskine May’, page 319, which explains that an order of the day must be proceeded with, arranged for a future day or discharged. In the case of the Order Paper, and specifically item 3, it is clear that the first option only is available to the Assembly. If those rulings are clear I shall proceed.

Sinn Féin: Motion for Exclusion

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The following motion stood on the Order Paper in the names of Rev Dr Ian Paisley and Mr P Robinson:

This Assembly resolves that Sinn Féin does not enjoy the confidence of the Assembly because it is not committed to non-violence and exclusively peaceful and democratic means and, therefore, consistent with Standing Order 24(2)(a), determines that members of Sinn Féin shall be excluded from holding office as Ministers or Ministers (Designate) for a period of 12 months beginning with the date of this resolution.

Mr P Robinson:

On a point of order, Mr Initial Presiding Officer. I require clarification with regard to Standing Order 24(5). As we have provided evidence that 29 Members support this motion, do you require evidence of the support of just one more Member for a debate to go forward? And is it the case that the thirtieth person need not be someone who will vote for the motion at the end, but simply one who is prepared as a democrat to have it debated? Any Member, even though he does not intend to support the content of the motion at the end of the debate, can, in order that we may have a debate, rise in his place and indicate support for it.

The Initial Presiding Officer:

You have explained the position. I do not disagree with what you have said.

Mr C Wilson:

Further to that point of order, Mr Initial Presiding Officer. I ask you to confirm that this motion stands in the name of 29 Members, representing the Democratic Unionist Party, the United Kingdom Unionist Party, the Northern Ireland Unionist Party, the United Unionist Assembly Group and one Ulster Unionist, Mr Peter Weir. Isn’t it a united Unionist motion which has the full support of this side of the House?

The Initial Presiding Officer:

I cannot confirm that. The position is that there are 28 names in support of the motion. There were 29. Therefore I must ask Dr Paisley whether he can satisfy the requirements of Standing Order 24(5)(a). Does the motion have the support of 30 Members?

Mr C Wilson:

Further to that point of order. Before Dr Paisley speaks may I ask you —

The Initial Presiding Officer:

I am not prepared to take a point of order as I have already asked Dr Paisley to respond.

Rev Dr Ian Paisley:

The best thing for you to do, Sir, is to put the matter to the Assembly to determine the number of supporters. We received no notice from Mr Weir that he had withdrawn.

The Initial Presiding Officer:

I currently have 28 signatures. I must therefore ask whether there are any Members other than the 28 signatories who support the proposal for the moving of this motion. If there are any, will they stand in their places?

Seeing none, I assume that there are not 30 Members in support of the motion and that it is therefore not competent and falls.

Mr P Robinson:

On a point of order, Mr Initial Presiding Officer. Can you rule that this is the only legal mechanism to exclude Sinn Féin from an Executive in Northern Ireland and that the absence of the Ulster Unionist Party ensures that it cannot be triggered?

The Initial Presiding Officer:

I am not sure that I can confirm that this is the only legal mechanism. That would be a rather wide-ranging judgement, and therefore I cannot confirm the proposition.

Nomination of Ministers (Designate)

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The Initial Presiding Officer:

Immediately prior to entering the Chamber, I received a Standing Order, in manuscript form, from the Secretary of State. I have just had it handed to me in typed form, which is rather easier to read. It is an additional initial Standing Order referring to the running of d’Hondt. As it would be improper for me to proceed without Members of the Assembly having had an opportunity to read the Standing Order, I am suspending the sitting for 15 minutes so that Members may do so. We shall then proceed forthwith to the appointment of Ministers.

Mr Adams:

On a point of order, a Chathaoirligh. Given the failure of the DUP move to exclude Sinn Féin, can we presume that after this suspension we can move to trigger d’Hondt and nominate Ministers?

The Initial Presiding Officer:

You can, Mr Adams, but it would be wrong to proceed when a Standing Order has been promulgated which even I have not had an opportunity to study properly. Copies of the Standing Order are available in the Members’ Lobby.

Rev Dr Ian Paisley:

Further to that point of order, Mr Initial Presiding Officer. You have said that d’Hondt will run. I take it that this Standing Order does not prevent that.

The Initial Presiding Officer:

I will wish to study it, but, as I understand it, it does not prevent the running of d’Hondt.

Mr Dodds:

On a point of order, Mr Initial Presiding Officer. Can you confirm, as a matter of courtesy to Members, when you or your office received a copy of this manuscript Standing Order from the Secretary of State? We have become used to rules being made up as we go along. This is another example, following the procedure that was initiated in the House of Commons. Will you let us know precisely when you received that communication from the Secretary of State?

The Initial Presiding Officer:

I received the manuscript amendment just prior to coming into the Chamber — certainly less than half an hour ago. I received the typed form more recently, and it is proper for Members to have an opportunity to read it.

Rev Dr Ian Paisley:

They do not have copies.

Rev William McCrea:

It is the first they have heard of it.

The Initial Presiding Officer:

I have asked that it be provided in the Members’ Lobby. We shall try to ensure that it is available. I propose to suspend the sitting for 15 minutes. I am in a difficult position but wish to ensure that our proceedings are conducted decently, properly and in order. Copies will be available as soon as possible.

Rev Dr Ian Paisley:

By leave of the House could we say 30 minutes?

The Initial Presiding Officer:

I cannot say 30 minutes, as I am not entitled to do so under Standing Orders. Fifteen minutes is the maximum that I am permitted. Let us take the 15 minutes and address the matter then.

The sitting was suspended at 10.45 am and resumed at 11.02 am.

The Initial Presiding Officer:

I trust that all Members have been able to get copies of the additional Standing Order. It is only proper for me to read the letter from the Secretary of State and the additional Standing Order in order to put them on the record. The letter states

"It is my responsibility under paragraph 10 of the schedule to the Northern Ireland (Elections) Act 1998 to determine the Standing Orders of the Assembly during the shadow period. It is therefore hereby determined that the Additional Standing Order on the appointment of Ministers (designate), attached below, should become Standing Order 22 with immediate effect.

The previous Standing Order 22 made on 9 July is hereby revoked."

The substance of the change is the addition of paragraph 15 and a reference to paragraph 15 in section 1 of Standing Order 22. Members will note that the changed part of the Standing Order reads as follows:

"On the completion of the procedure for the appointment of Ministers (designate) under this Standing Order, the persons appointed shall only continue to hold Ministerial office (designate) if they include at least 3 designated Nationalists and 3 designated Unionists."

I trust that the Assembly is clear about the new Standing Order.

As required by the Initial Standing Orders, I have, by reference to the party affiliations indicated by Members when taking their seats, published a consolidated list of political parties represented in the Assembly, the Assembly Members belonging to each political party and the nominating officer for each party.

At the sitting of the Assembly on 16 February 1999 a joint proposal from the First Minister (Designate) and the Deputy First Minister (Designate), relating to the number of ministerial offices to be held by Northern Ireland Ministers and the functions which would be exercisable by the holders of such offices after the appointed day, was agreed with cross-community support.

I am now required by the Initial Standing Orders to conduct the allocation of ministerial offices (designate) in accordance with the procedures that are set out in the Initial Standing Orders. Before commencing, I wish to remind Members of the requirements set out in those Standing Orders. I shall ask the nominating officer of each political party, in the order required by the formula contained in the Initial Standing Orders, to select an available ministerial office (designate) and nominate a person to hold it who is a member of his or her party and of the Assembly.

Should a nominating officer require further time to consider a selection or a nomination, it is open to me to permit a brief suspension. However, if no such request is made, if the nominating officer does not make the selection or nomination required within the maximum period of five minutes, or if the nominee does not take up the selected ministerial office (designate) within that period in accordance with the Initial Standing Orders, I am required to disregard the nominating officer and his party for the purposes of filling the remaining ministerial offices (designate). I will then ask the nominating officer next in line, in accordance with the required formula, to select and nominate. I should also explain that, under the terms of the Initial Standing Orders, the First Minister (Designate) and the Deputy First Minister (Designate) may be nominated to hold ministerial office.

It is also required that Ministers taking up positions affirm the Pledge of Office contained in schedule 4 to the Northern Ireland Act 1998. Discussions through the usual channels on the procedure that we should adopt have indicated that it would be helpful if I were to read the Pledge of Office so that it does not have to be read in full by each of the nominated Ministers. The Pledge of Office is as follows:

"To pledge:

(a) to discharge in good faith all the duties of office;

(b) commitment to non-violence and exclusively peaceful and democratic means;

(c) to serve all the people of Northern Ireland equally, and to act in accordance with the general obligations on government to promote equality and prevent discrimination;

(d) to participate with colleagues in the preparation of a programme for government;

(e) to operate within the framework of that programme when agreed within the Executive Committee and endorsed by the Assembly;

(f) to support, and act in accordance with, all decisions of the Executive Committee and Assembly;

(g) to comply with the Ministerial Code of Conduct."

The Ministerial Code of Conduct is also included in schedule 4 to the Northern Ireland Act 1998.

I call on Mr Trimble, as the nominating officer for the political party for which the formula laid down in Standing Orders gives the highest figure, to select a ministerial office (designate) and nominate a person to hold it who is a member of the Ulster Unionist Party and of the Assembly.

The Standing Orders require that a response come within five minutes.

Five minutes was allowed for a response from Mr Trimble.

The Initial Presiding Officer:

Mr Trimble has not made a nomination within five minutes, so I am required by the Standing Orders to disregard the nominating officer of the Ulster Unionist Party and his party for the purposes of filling remaining ministerial offices (designate).

I call on Mr Hume, as the nominating officer of the political party for which the formula laid down in Standing Orders gives the next-highest figure, to select a ministerial portfolio and to nominate a person to hold it who is a member of the Social Democratic and Labour Party and of the Assembly.

Mr Hume:

I nominate Mr Mark Durkan for the Department of Finance and Personnel.

The Initial Presiding Officer:

Will Mr Durkan confirm that he is willing to take up the office?

Mr Durkan:

Yes. I affirm the Pledge of Office as set out in schedule 4 to the Northern Ireland Act 1998.

The Initial Presiding Officer:

Mr Durkan has been appointed Minister (Designate) of Finance and Personnel.

I call on Dr Paisley, as the nominating officer of the political party to which the formula laid down in Standing Orders gives the next-highest figure, to select a ministerial portfolio and to nominate a person to hold it who is a member of the Democratic Unionist Party and of the Assembly.

Rev Dr Ian Paisley:

Mr Initial Presiding Officer, you informed me that I could have a 15-minute suspension. I want that 15 minutes.

The Initial Presiding Officer:

As I said earlier, a nominating officer has the right to call for a 15-minute suspension in order to consult with colleagues. The sitting is therefore suspended for 15 minutes.

The sitting was suspended at 11.15 am and resumed at 11.30 am.

The Initial Presiding Officer:

I call on Dr Paisley to make his nomination.

Rev Dr Ian Paisley remained seated.

The Initial Presiding Officer:

I remind Dr Paisley that he has five minutes left in which to make his nomination and that any nominee will have to affirm the pledge within that time.

Rev Dr Ian Paisley:

In order to oust Sinn Féin from office, in keeping with the wishes of the majority of the Unionist people, I refuse to nominate.

The Initial Presiding Officer:

I call on Mr Gerry Adams, as the nominating officer of the political party for which the formula laid down in Standing Orders gives the next-highest figure, to select a ministerial portfolio and to nominate a person to hold it who is a member of Sinn Féin and of the Assembly.

Mr Adams:

Tá mé buíoch duit, a Chathaoirligh. Ainmním Bairbre de Brún mar Aire Enterprise Trade and Investment.

The Initial Presiding Officer:

I must ask that you make the nomination in English also, as it has to be made before the Assembly. [Interruption]

Mr Adams:

Thank you. Thanks for your encouragement, Gentlemen.

I want to nominate Bairbre de Brún as Minister of Enterprise, Trade and Investment.

The Initial Presiding Officer:

Will Ms de Brún confirm that she is willing to take up this office?

Ms de Brún:

Cinntím sin, agus dearbhaím gealltanais na h-oifige mar atá siad leagtha amach i sceideal 4 don Acht um Thuaisceart Éireann 1998.

I can confirm that, and I affirm the pledge of office as set out in schedule 4 to the Northern Ireland Act 1998.

The Initial Presiding Officer:

Ms Bairbre de Brún is now appointed as Minister (Designate) of Enterprise, Trade and Investment.

I call on Mr John Hume, as nominating officer of the political party for which the formula laid down in Standing Orders gives the next-highest figure, to select a ministerial portfolio and to nominate a person to hold it who is a member of the Social Democratic and Labour Party and of the Assembly.

Mr Hume:

I nominate Mr Sean Farren as Minister for Regional Development.

The Initial Presiding Officer:

Will Mr Farren confirm that he is willing to take up the office?

Mr Farren:

Cinntím — agus tá áthas orm — an gealltanas sin a thabhairt.

I affirm the pledge of office as set out in schedule 4 to the Northern Ireland Act 1998.

The Initial Presiding Officer:

Mr Farren is now appointed Minister (Designate) for Regional Development.

I call on Mr Gerry Adams, as nominating officer of the political party for which the formula laid down in Standing Orders gives the next-highest figure, to select a ministerial portfolio and to nominate a person to hold it who is a member of Sinn Féin and of the Assembly.

Mr Adams:

Maith thú. Tá mé buíoch duit arís, agus ainmním Martin McGuinness mar Aire Agriculture agus Rural Development.

I thank you again, and I nominate Martin McGuinness as Minister of Agriculture and Rural Development.

The Initial Presiding Officer:

Will Mr McGuinness confirm that he is willing to take up this office?

Mr McGuinness:

Tá. Yes. I affirm the pledge of office.

The Initial Presiding Officer:

Mr McGuinness is appointed as Minister (Designate) of Agriculture and Rural Development.

I call on Mr John Hume, as nominating officer of the political party for which the formula laid down in Standing Orders gives the next-highest figure, to select a ministerial portfolio and to nominate a person to hold it who is a member of the Social Democratic and Labour Party and of the Assembly.

Mr Hume :

I nominate Ms Brid Rodgers as Minister of Higher and Further Education, Training and Employment.

The Initial Presiding Officer:

Will Ms Brid Rodgers confirm that she is willing to take up this office?

Ms Rodgers:

Cinntím go nglacaim leis an ghealltanas mar atá leagtha amach i sceideal 4 in Acht Thuaisceart na h-Éireann 1998.

I affirm the pledge of office as set out in schedule 4 to the Northern Ireland Act 1998.

The Initial Presiding Officer:

Ms Brid Rodgers is now appointed Minister (Designate) of Higher and Further Education, Training and Employment.

I call on Mr Sean Neeson, as the nominating officer of the political party for which the formula laid down in Standing Orders gives the next-highest figure, to select a ministerial portfolio and to nominate a person to hold it who is a member of the Alliance Party and of the Assembly.

Mr Neeson:

When I came into the building this morning it was my intention to nominate if this procedure were moving forward. However, I refuse to do so because of the unforgivable absence of the Ulster Unionists and the outrageous Standing Order, which states

"On the completion of the procedure for the appointment of Ministers (designate) under this standing order, the persons appointed shall only continue to hold Ministerial office (designate) if they include at least three designated Nationalists and three designated Unionists".

I and my party are not prepared to be made patsies through any outrageous act by the Government, and I do not intend to nominate anyone.

The Initial Presiding Officer:

I call on Mr Gerry Adams, as nominating officer of the political party for which the formula laid down in Standing Orders gives the next-highest figure, to select a ministerial portfolio and to nominate a person to hold it who is a member of Sinn Féin and of this Assembly.

Mr Adams:

Ainmním Pat Doherty mar Aire Oideachais.

I wish to nominate Mr Pat Doherty as Minister of Education.

The Initial Presiding Officer:

Will Mr Doherty confirm that he is willing to take office?

Mr Doherty:

Cinntím go nglacaim.

I affirm the pledge of office as set out in schedule 4 to the Northern Ireland Act 1998.

The Initial Presiding Officer:

Mr Doherty is now appointed Minister (Designate) of Education.

I call on Mr John Hume, as nominating officer of the political party for which the formula laid down in Standing Orders gives the next-highest figure, to select a ministerial portfolio and to nominate a person to hold it who is a member of the Social Democratic and Labour Party and of this Assembly.

Mr Hume:

I nominate Mr Eddie McGrady as Minister of Health, Social Services and Public Safety.

Mr McGrady:

Mr Initial Presiding Officer, I do not accept the nomination.

The Initial Presiding Officer:

I return to the nominating officer, Mr Hume, to ask if he has a further nomination in regard to this or any other portfolio.

Mr Hume:

I nominate Dr Joe Hendron as Minister of Health, Social Services and Public Safety.

The Initial Presiding Officer:

Will Dr Hendron confirm that he is willing to take up this office?

Dr Hendron:

I so confirm, and I affirm the Pledge of Office as set out in schedule 4 to the Northern Ireland Act 1998.

The Initial Presiding Officer:

Dr Joe Hendron is now appointed as Minister (Designate) of Health, Social Services and Public Safety.

I now call on Mr Robert McCartney QC, as nominating officer of the political party for which the formula laid down in Standing Orders gives the next-highest figure, to select a ministerial portfolio and to nominate a person to hold it who is a member of the United Kingdom Unionist Party and of this Assembly.

Mr McCartney:

It comes as a shock to me that Dr Joe Hendron accepted his nomination and is willing to share power, in the light of the treatment he was afforded at the hands of Sinn Féin in the 1992 election. As a democrat, under no circumstances would I consider for a second nominating either myself or anyone else in my party to sit in an Executive with two members of the IRA Army Council, Mr McGuinness and Mr Pat Doherty. I refuse to make any nominations.

The Initial Presiding Officer:

I call on Mr John Hume, as nominating officer of the political party for which the formula laid down in Standing Orders gives the next-highest figure, to select a ministerial portfolio and to nominate a person to hold it who is a member of the Social Democratic and Labour Party and of this Assembly.

Mr Hume:

I nominate Mr Denis Haughey as Minister for Social Development.

The Initial Presiding Officer:

Will Mr Haughey confirm that he is willing to take up the office?

Mr Haughey:

A Chathaoirligh, I affirm the Pledge of Office as set out in schedule 4 to the Northern Ireland Act 1998.

The Initial Presiding Officer:

Mr Haughey is appointed as Minister (Designate) for Social Development.

I now call on Mr Gerry Adams, as nominating officer of the political party for which the formula laid down in Standing Orders gives the next-highest figure, to select a ministerial portfolio and to nominate a person to hold it who is a member of Sinn Féin and of this Assembly.

Mr Adams:

Ainmím Mary Nelis mar Aire Culture, Arts agus Leisure. I nominate Mary Nelis as Minister of Culture, Arts and Leisure.

The Initial Presiding Officer:

Will Mrs Mary Nelis confirm that she is willing to take up this office?

Mrs Nelis:

Yes, a Chathaoirligh, and I affirm the Pledge of Office as set out in schedule 4 to the Northern Ireland Act 1998.

The Initial Presiding Officer:

Mrs Mary Nelis is now appointed Minister (Designate) of Culture, Arts and Leisure.

I now call on Mr John Hume, as nominating officer of the political party for which the formula laid down in Standing Orders gives the next-highest figure, to select a ministerial portfolio and to nominate a person to hold it who is a member of the Social Democratic and Labour Party and of this Assembly.

11.45 am

Mr Hume:

I nominate Mr Alban Maginness as Minister of the Environment.

The Initial Presiding Officer:

Will Mr Alban Maginness confirm that he is willing to take up the office?

Mr Maginness:

I so confirm, and I affirm the Pledge of Office as set out in schedule 4 to the Northern Ireland Act 1998.

The Initial Presiding Officer:

Mr Alban Maginness is now Minister (Designate) of the Environment.

That concludes the process for the appointment of Ministers (Designate). However, I must draw to the attention of the Assembly that under Standing Order 22(15), determined this day, the persons appointed shall continue to hold ministerial office (designate) only if they include at least three designated Nationalists and three designated Unionists. The designations have been published, and it is clear that under this Standing Order the appointments cannot continue.

Personal Statement

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The Deputy First Minister (Designate) (Mr Mallon):

May I thank you, Mr Presiding Officer, for giving me the opportunity to make a personal statement to the Assembly.

On 1 July 1998 I was honoured to be elected, on a cross-community basis, as the Deputy First Minister (Designate) to serve all the people of Northern Ireland. On taking that office I affirmed my commitment to non-violence and exclusively peaceful and democratic means; my opposition to any use of force by others for any political purpose; my commitment to work in good faith to bring into being the arrangements set out in the Good Friday Agreement; and my commitment to observe the spirit of the Pledge of Office. I have tried to the best of my ability to do that.

Since 1 July I have worked with the two Governments, my party and all the other parties to give effect to that pledge. For over a year the fundamental institutional elements of that agreement have not been implemented. We have all benefited from unparalleled time, support and energy from the Prime Minister, Tony Blair, and the Taoiseach, Bertie Ahern, and, though it has become fashionable in recent weeks to criticise the Secretary of State, the reality is that without her efforts, her willingness to think the unthinkable and her resolve we would never have had the Good Friday Agreement.

The key element of the pledge which was taken by the First Minister and myself was our commitment to work in good faith to bring into being the institutions set out in the Good Friday Agreement. That agreement received overwhelming support in Ireland, North and South, Unionist and Nationalist, in the referenda of 22 May 1998. That overwhelming support endures, despite the frustrations of implementation and the limitations of leadership. Since 1 July, deadline after deadline has been missed: 31 October, the day specified for the inaugural meeting of the North/South Ministerial Council; 10 March 1999; Hillsborough; Downing Street; Castle Buildings; ‘The Way Forward’; and the legislation to ensure the fail-safe clause. Permutation after permutation has been tried. We have tried, and I have tried, every move in the book and outside it to ensure that this agreement worked and that the institutions were set up.

On 2 July 1999, in ‘The Way Forward’ document presented by the two Prime Ministers, the Governments set out the best possible way of resolving this impasse. It embodies principles that I have always espoused. First, that decommissioning is not a prior condition in the Good Friday Agreement. Secondly, that it is an obligation under the Good Friday Agreement. Reflecting this in ‘The Way Forward’, the Governments set out three commitments agreed by all the parties: an inclusive Executive exercising devolved powers; decommissioning of all paramilitary arms by May 2000; and decommissioning to be carried out in a manner determined by the International Commission on Decommissioning.

Most importantly, in order to provide reassurance, the Governments agreed a fail-safe clause. It provided that if decommissioning were not carried out as specified by the International Commission all institutions would be suspended. It also provided that if there were no inclusive Executive all institutions would similarly be suspended. This reflects guarantees that I gave at our party conference last November — one to Unionists in the event that decommissioning did not occur and one to Sinn Féin in the event that the Executive was not truly inclusive. Those two guarantees were rooted in the conviction that those who reneged on the agreement could not expect to continue in office. Both are now formally copper-fastened in this fail-safe clause.

However, the Ulster Unionist Party says that that is not enough. It used this crisis to get more concessions out of two sovereign Governments in order to bleed the process dry. They stand by their demand for prior decommissioning — a condition that is found nowhere in the agreement, and one that is alien to its principles.

Rev Dr Ian Paisley:

On a point of order, Mr Initial Presiding Officer. Is this a personal statement or is it going to the heart of a debate that we were not allowed to have? It goes far beyond a personal statement.

The Initial Presiding Officer:

It is a personal statement. I am considering two or three questions as to how we conduct ourselves immediately thereafter.

Rev Dr Ian Paisley:

I intend to ask for the right to comment.

The Initial Presiding Officer:

I am not shocked.

Mr Paisley Jnr:

Further to that point of order, Mr Initial Presiding Officer. How much time does the Deputy First Minister (Designate) have for his personal statement?

The Initial Presiding Officer:

The Deputy First Minister (Designate) is making a personal statement which I believe to be of some importance to the Assembly.

Mr Paisley Jnr:

On a further point of order.

The Initial Presiding Officer:

I am not taking any further points of order at this stage. It is for me to decide when to take points of order. I shall take this one after the Deputy First Minister has resumed his seat.

The Deputy First Minister (Designate):

Thank you, Mr Presiding Officer. I insisted, with your permission, that I do the House the courtesy of making my statement here and not elsewhere. I shall continue.

The Ulster Unionists stand by their demand for prior decommissioning — a condition that is not found in the Good Friday Agreement, and one that is alien to its principles. What they are doing is worse than failing to operate an inclusive Executive: they are actually preventing its creation. They are dishonouring this agreement; they are insulting its principles.

Over the past year more space has been sought and more given, and on each occasion more space is required. More time is then needed and more understanding of the difficulties, real or imaginary, that are faced. The best efforts of two Governments and of the parties, even in recent days, have borne no fruit. I speak not just of my efforts as Deputy First Minister but also of those of the Secretary of State, the Prime Minister, the Taoiseach and the President of the United States. When, in the past, could we have had such support? When can we hope to have such support again? It is a matter of genuine regret that others could not, and did not, respond to their relentless efforts. There has been visit after visit and meeting after meeting day after day. Regrettably — and I say this more in sorrow than in anger — those efforts have been not just spurned but scorned.

It is now clear that the two Governments will have to initiate a review under the terms of this agreement. They must ensure that that review is not a means to buy time for any political party but the fundamental review envisaged in the agreement. Everyone must go into it as an equal. I and the SDLP will co-operate fully with the review under those terms, without the trappings of office or the benefits of title. That review is now the future of the political process. If the leader of the Ulster Unionists wishes to speak for his party in the review he should do so as its leader and only as its leader. He cannot do so from the privileged position of First Minister of the Assembly.

The agreement does not belong to any individual or party. It belongs to the people. They voted for it. They own it. Consistent with my pledge, I am obliged to uphold it on their behalf. For that reason, and that reason alone, I have concluded that it is my overriding responsibility to uphold, above all else, the democratic will of the people of Ireland, North and South, expressed, as never before, in the referenda of May 1998 endorsing the Good Friday Agreement.

It is now necessary that I resign as Deputy First Minister. I wish to inform the Assembly that, accordingly, I offer my resignation now, with immediate effect. It was this Assembly that elected me to that position, and it is essential that I announce my resignation to the Assembly. I do this with great reluctance and with a recognition of the awesome responsibility that we all have towards lasting peace and the future of all of the people of Northern Ireland. I now believe that this is the only way in which I can ensure that a meaningful review of aspects of the agreement will be carried out and that, subsequently, a fully inclusive Executive can be created on the basis of cross-community support.

I thank you, Mr Presiding Officer, and Members of the Assembly for your indulgence towards me. They may now understand why I had to be a little long-winded. I hope that I have made it clear that I respect each and every person in the House and the views of them all. I do not treat the Assembly with contempt.

12.00

The Initial Presiding Officer:

I have one or two comments about that personal statement. First, points of order are not usually taken during a personal statement. That is why I left them to the end. Secondly, it seems to me — I have to make this decision on the hoof — that the personal statement by the now former Deputy First Minister (Designate) was of such substance and importance that the party leaders in the Chamber ought to have an opportunity to respond to it. Mr Adams has already indicated his wish to speak, and he will therefore be called next.

I have received an indication from the Secretary of State that she wishes to confer with me, but I have sent back advice that the party leaders in the House ought first to have an opportunity to make their comments. As you know, we have a remit from the Secretary of State under the Elections Act, but I have sought her indulgence to enable us to continue for the present.

Usually there is no time limit on personal statements, but there is still a limit of 10 minutes on speeches generally.

I will now take the point of order from Mr Ian Paisley Jnr, and then we will proceed to the party leaders. Mr Adams will be called first.

Rev Dr Ian Paisley:

I intimated to you that I was unhappy about this and wanted to speak about it. Why are you calling someone from across the House when I am the one who raised the matter with you?

Mr McLaughlin:

We were first.

The Initial Presiding Officer:

I am not aware of that. Mr Adams indicated to me before the Deputy First Minister (Designate) spoke that he too wanted to speak, and the Deputy First Minister (Designate) himself had already raised the question with me.

Mr Paisley Jnr:

On a point of order, Mr Initial Presiding Officer. I wanted clarification on how much time you intended to allow the Deputy First Minister to indulge in his statement. You gave him 10 minutes and five seconds.

It is interesting that he refused to say anything about the guns of the Provisional IRA. Maybe if he had taken a stand on that issue he would not have had to resign today because we would have had a Government without Provisionals.

The Initial Presiding Officer:

That is not a point of order, and I have already answered the substance - if there was such - of the point you have made. There is not usually a time limit on personal statements.

Rev Dr Ian Paisley:

I do not understand this. A Member is told that something is to happen and asks you if he may speak afterwards, and he is called before the House even knows that that has happened. None of the rest of us knew. I was not told, as the leader of the third-largest party, that there was to be a statement. I was not afforded that courtesy, so I was not able to ask beforehand to speak. However, I asked in the middle of the speech - as soon as I could.

If it had been a personal statement Mr Adams would have had to be ruled out of order because there is no debate on a personal statement. But because this deteriorated into a savage attack on people who have different principles from those of the hon Gentleman we are having a debate. If it had been a personal statement you would have had to rule that Mr Adams could not be called. That is my argument, and I should be called first on this issue.

The Initial Presiding Officer:

There are a number of incorrect presumptions in the Member's statements. I do not think that it is for me to parse those bits which are correct and those which are incorrect. I have sought from the Secretary of State the opportunity for party leaders to make their comments before the Assembly is suspended.

Mr McCartney:

The leader of the Democratic Unionist Party has made a valid point in relation to the information that is available to the Assembly. Is there any reason for departing in these circumstances from the convention that has been established in this House that the leaders of parties speak in accordance with party strengths? That principle, if applied here, would cut across all the arguments, debates and suggestions about some people being informed while others were not. It is a solid principle upon which you, Mr Initial Presiding Officer, should stand.

The Initial Presiding Officer:

Again, you are repeating an incorrect assumption. The request from Mr Adams to speak was not on the basis of the statement. He made his request at an earlier stage.

Mr P Robinson:

On a point of order, Mr Initial Presiding Officer. It would be helpful if you were to give some direction to the House on the procedures arising from the personal statement. Which Standing Order covers the issues of resignation and reappointment? Does the position of the First Minister (Designate) automatically fall as a result of the resignation of the Deputy First Minister (Designate)? Was that resignation given to you in writing? Does it have to be in writing? If so, may we have copies of it? We need answers to these questions so that we can put this issue in its proper context.

The Initial Presiding Officer:

I shall answer the questions as best I can. There is no requirement for the First Minister (Designate) or the Deputy First Minister (Designate) to put his resignation in writing prior to devolution. The appointments fall under the Initial Standing Orders under the Elections Act - they are not under the substantive Standing Orders which would exist under the Northern Ireland Act - and so there is no need for resignations to be given in writing. This resignation has not been given in writing, and you have heard the statement. The only written version will be in the Official Report.

Members will recall that the First Minister (Designate) and the Deputy First Minister (Designate) were elected - I use the common parlance - "on a slate". Were we in a post-devolution situation and operating under the Northern Ireland Act both positions would fall when one Minister resigned, but the remaining individual would continue in a caretaker capacity for up to six weeks. Before the end of that period the Presiding Officer would call for a further election. However, we are still functioning under the Northern Ireland (Elections) Act for these purposes, and therefore the position of the First Minister (Designate), as I understand it - and you have simply asked me for an immediate view - is unchanged. It is possible that some Standing Order, or other arrangement, is already on the way, but I have no knowledge of it.

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