NORTHERN IRELAND (ST ANDREWS AGREEMENT) ACT 2006

COMMENTARY IN RELATION TO THE TRANSITIONAL ASSEMBLY AND
THE ST ANDREWS AGREEMENT TIMETABLE

THE TRANSITIONAL ASSEMBLY

1. The Act provides that there shall be an Assembly, referred to as the Transitional Assembly.
2. This is an entirely new institution. It came into existence on 22 November.
3. The Northern Ireland Assembly is still suspended. The Northern Ireland Assembly Commission is still suspended.
4. The 2006 Assembly ceased to exist on 22 November.

THE PURPOSE OF THE TRANSITIONAL ASSEMBLY

5. The sole statutory purpose of the Transitional Assembly is ‘to take part in preparations for the restoration of devolved government in Northern Ireland, in accordance with the St Andrews Agreement.’
6. The proceedings of the Transitional Assembly must include three matters:

   - the making of nominations of members to hold office as First Minister and deputy First Minister on restoration (Schedule 1 paragraph 3);
   - the preparation and consideration of a draft Ministerial Code (Schedule 1 paragraph 4); and
   - the preparation and consideration of draft standing orders for the Northern Ireland Assembly (Schedule 1 paragraph 5).

7. There is no requirement for the proceedings of the Transitional Assembly to include the appointment or election of First Minister and deputy First Minister.
8. There is no requirement for the proceedings of the Transitional Assembly to include nomination of persons to hold office as, or the appointment of, Northern Ireland Ministers.
9. The meetings of the Transitional Assembly are to be held at such times as the Speaker notifies to members. But the Secretary of State may at any time direct that a meeting shall be held at a time specified by him (Schedule 1 paragraph 1).
10. Proceedings are to be conducted in accordance with standing orders. But the Secretary of State may at any time direct that they are to be conducted in accordance with his direction (Schedule 1 paragraph 2).

MEMBERSHIP OF THE TRANSITIONAL ASSEMBLY, AND THE EFFECT OF DISSOLUTION OF THE NORTHERN IRELAND ASSEMBLY

11. The members of the Transitional Assembly at any time are to be the persons who are members of the Northern Ireland Assembly.
12. The Northern Ireland Assembly will be dissolved on 30 January 2007 (section 3).
13. Therefore, from that time, there will no members of the Northern Ireland Assembly. As a consequence, there will be no members of the Transitional Assembly. But the Transitional Assembly should not be described as dissolved.
14. The members of the next Northern Ireland Assembly will be elected on March 7 (section 3). This will therefore generate a new membership of the Transitional Assembly, which may meet after the election.
15. The new Northern Ireland Assembly cannot meet at that time, as suspension will continue.

COMPLIANCE OR NON-COMPLIANCE WITH THE ST ANDREWS AGREEMENT TIMETABLE

16. Section 2 of the Act provides for possible courses of events, as follows.

Non-compliance with St Andrews Agreement timetable – Schedule 3

17. If, at any time before 25 March 2007, the Secretary of State considers that there is no reasonable prospect that an Executive can be formed on 26 March 2007, he may bring Schedule 3 into force.
18. Schedule 3 has the effect of:
    - dissolving the Northern Ireland Assembly (paragraph 1);
    - terminating the existence of the Transitional Assembly (paragraph 3); and
    - postponing the Northern Ireland Assembly election indefinitely (paragraph 2).

Restoration on 26 March – Schedule 2

19. If, before 25 March 2007, the Secretary of State does not bring Schedule 3 into force, he must make a restoration order. Schedule 2 of the Act will come into force simultaneously.
20. The restoration order has the effect that devolved government is restored on 26 March 2007. At that time, the Northern Ireland Assembly may meet, conduct business and pass Acts as normal.
21. Schedule 2 has the effect that, on 26 March:
    - the Transitional Assembly ceases to exist;
    - the First Minister designate and deputy First Minister designate will become First Minister and deputy First Minister (subject to their affirming the pledge of office) (paragraph 2); and
    - the offices to be held by Northern Ireland Ministers must be filled under the Northern Ireland Act 1998 (i.e., the d'Hondt mechanism will be run).

Restoration on 26 March but failure to fill all Ministerial offices – Schedule 2, followed by Schedule 3

22. If the Secretary of State makes the restoration order on 26 March, but it then appears to him that one or more Ministerial offices have not been filled by the end of that day:
    - he must revoke the restoration order, resulting in suspension of the Northern Ireland Assembly on 28 March 2007; and
    - Schedule 3 comes into force, which has the effect of:
    - dissolving the Northern Ireland Assembly (paragraph 1);
    - terminating the existence of the Transitional Assembly (paragraph 3); and
    - postponing the Northern Ireland Assembly election indefinitely (paragraph 2).

Restoration on 26 March and filling of Ministerial offices – Schedule 4

23. If the If the Secretary of State makes the restoration order on 26 March, and all the Ministerial offices are filled, then Schedule 4 comes into force on 28 March 2007.
24. Schedule 4 has the effect of:
    - repealing the Northern Ireland Act 2000 (which is the Act under which the Secretary of State may suspend devolved government); and
    - repealing Schedule 3.