NI Assembly

What are the four types of bills that can be introduced in Northern Ireland?

1. Executive Bill
2. Committee Bill
3. Private member bills
4. Private bill

Who introduces Executive bills?

Executive ministers or departments

What are the three types of executive bills?

1. Party legislation (Brings NI in line with the UK)
2. EU Directives (Keeps NI in line with EU legislation)
3. Northern Ireland Specific (Related solely to NI)

What are some examples of executive bills? (3)

1. Education Bill - Education minister ( Did not make it past committee stage, less ambitious version of bill was passed)
2. Local Government Bill- Environment minister (heavily ammended)
3. Sunbeds

Who introduces committee bills?

NI Committees

What was the first committee bill?

Public services ombudsman bill- Aimed to create a single office for dealing with complaints about public services. Introduces by the Executive committee. Passed in 2016

Why do committees not use their power to make bills more?

They argue that they don't have the time, resources or manpower to initiate legislation. They usually aim to have their minister to accept a bill so their department will use its resources to push it through effectively.

When have ministers denied to support committee bills?

2016 Public services ombudsman- Executive said no to initiating legislation so the executive committee did it themselves

Who introduces Private members bills?

MLA's

How can PMB's be successful?

By being neutral to gain cross community support

What are some examples of successful PMB's? (4)

1. Official Opposition Bill- John McCallister, a bill to allow an official opposition in the NI Assembly
2. Human Trafficking and Exploitation Bill- Lord Morrow, makes paying for sex illegal
3. Cyclists Bill- Pat Ramsey, makes it compulsory to wear a helmet
4. Civil Service special advisors bill- Jim Allister, bill to prevent special advisors with criminal convictions from being appointed in NI

What are some examples of unsuccessful PMB's? (3)

1. Armed Forces Bill- David McNarry, bill to provide for the benefit of veterans of the British armed force in NI
2. Local Govt. Disqualification amendment bill- Dawn Purvis, bill to prevent double jobbing
3. SPADS Amendment Bill- Jim Allister, bill to limit the use of spads in the NI Assembly, They were also capped in terms of pay from 92k to 78k

Who introduces private bills?

Individuals or Companies

What are the stages in producing legislation? (6)

1. Introduction
2. Debate
3. Committee
4. Consideration
5. Further consideration
6. Royal Assent

What is the Introduction stage of the legislative process?

The Bill is formally introduced by the minister, gives MLA's a chance to understand the key concepts of the bill and allows time to research. During this time the speaker checks the assembly has the right to deal with this issue

What is the Debate stage of the legislative process? (3)

1.Debates take place on the general principals of the bill
2. Allows MLA's to raise any concerns or issues for the first time
3. Can be rejected at this time

What is the Committee stage of the legislative process? (4)

1. Specialist make a detailed investigation into the bill, going through it clause by clause
2. Can call for persons and papers
3. Produces a report which highlights issues and suggests amendments
4. Set for 30 working days but can take 8-9 weeks

What is the consideration stage of the legislative process? (3)

1. Committee chair person will usually read out the committee report
2. Allows MLAs to vote on all amendments
3. First opportunity to vote on aspects of the bill and not the whole bill

What is the Further Consideration stage of the legislative process? (2)

1. Allows MLA's to introduce and vote on further amendments- final opportunity to amend
2. A final vote then takes place simply accepting or rejecting bill

What is the Royal Assent stage of the legislative process?

Bill is passed to the secretary of state who passes it onto the king who signs it, giving royal assent

What is a committee?

A group of roughly 11 MLAs who are designated on a particular focus in the assembly on which they have to fulfil a number of key roles

What are the main roles of committees? (3)

1. Legislate
2. Scrutinise
3. Represent

Where do committees get their power? (3)

1. GFA
2. The Northern Ireland Act (1998)
3. Assembly standing orders

What types of committees are there in the NI Assembly? (4)

1. Statutory
2. Standing
3. Adhoc
4. Joint Committees

What is an example of committees completing representation?

81 Committee meetings were held in areas other than the assembly from 2011-13

What is the role of the committee chair person? (3)

1. Chairing and guiding the committees
2. Keeping order
3. representing committee to media

What is an example of committees questioning public officials?

Head of NI water questioned over frozen pipes in 2010

Example of committee membership

Culture and Arts previously had a SF minister with a DUP head of committee and 5 different parties on committee

What are statutory committees?

Advise, assist and scrutinise

How many statutory committees are there?

9

How are committees in NI different to other committees?

They have a wider range of responsibilities

What powers do Statutory committees have? (4)

1. Call for persons and papers
2. Initiate inquiries and make reports
3. initiate or amend legislation
4. Consider matters

What are examples of committees scrutinising?

__**REGIONAL DEVELOPMENT COMMITTEE Vs MINISTER FOR REGIONAL DEVELOPMENT**__

* The Regional Development Committee asked the Minister for full disclosure of a departmental report into the underestimation of the budget for the Coleraine to Derry railway line. 
* The original estimate of the project was £20m and this doubled to £40m. 
* The Minister refused to supply all the information requested by the Committee so the Committee asked the Speaker to issue a Section 44 (NI Act 1998) notice. 
* This was issued but the Minister still refused to comply so, under Section 45 of the NI Act, the issue has been referred to the Director of Public Prosecutions to investigate whether or not the Minister has committed a crime. 
* Given that the Minister has said that he will supply the information at a time of his choosing, it is unlikely that charges will be brought. 
* However, the Committee feel that they should be, as an example to other Ministers. If charges were brought against the Minister, there could be a fine of up to £5k or a prison sentence of up to 3 months!

What are some examples of bills being amended and how many times were the amended? (2)

* In the **TAXI BILL, 72 amendments were suggested**. 
* In the __**RESERVOIR BILL**__, **200 amendments were produced** (Mostly by the Agriculture Committee) 

What is an example of a committee bill?

Public services ombudsman bill

What is an example of committees calling for persons and papers?

In jan 2012 maternity hospitals were getting infections which killed 4 babies. Edwin Poots was then questioned and confessed there had been far more infections in the past year- demanding action

What are the aims of committees setting up inquiries? (5)

1. Creating effective policy decisions
2. Recommending amendments to existing bills
3. Creating ideas for new laws
4. Holding public or private sector organisations to account for their actions
5. Highlighting an issues to the public

What is the impact of statutory committees? (2)

1. 76% of amendments to proposed legislation accepted by assembly
2. Over 70% of Inquiry recommendations have been implemented or accepted by ministers

What are the strengths of statutory committee? (7)

1. Their composition through d’hondt forces many backgrounds
2. Locally based so are closest to their constituents
3. Committees make MLAs more effective in their knowledge
4. Can call for persons and papers
5. Can initiate laws with the potential to embarrass the minister
6. Held around Northern Ireland eg rathlin
7. Can make inquiries

What are the weaknesses of statutory committees? (6)

1. Multiparty composition does not necessarily inspire cooperation- John ODowd the SF education minister has deep divisions with unionists within his committee over issues such as school funding and the replacement or not of the 11 plus
2. An MLA can be in 3 committees, makes them over worked 920 members are on at least two committee)
3. MLAs don’t have the time to regularly investigate issues the way they would wish
4. Don’t use the power to initiate legislation
5. Members of the same political party don’t challenge each other
6. D’hondt doesn’t allow smaller parties to have positions

What are standing committees?

Committees that perform a role that involves helping run the assembly and the executive

What are examples of standing committees? (6)

1. Business committee
2. Public accounts committee
3. Committee of procedures
4. Audit committee
5. Standards and privileges committees
6. Assembly/ Exec review committee

What are AdHoc Committees?

Temporary committees are set up to deal with specific, time constrained issues such as covid

How long do AdHoc committees have to complete their work?

2 months

What are joint committees?

Committees that have been set up in certain circumstances to deal with issues which may concern more than one committee

What is an example of a join committee?

During the 2014 horse meat scandal the committee for health and the committee for agriculture met jointly

What is an example of committee success?

All committee reports from the finance committee were laid before the assembly to be debated

What is an example of an inquiry?

Inquiry into suicide, conducted by the health committee, 65 written submissions, 14 evidence sessions and produced a report containing 26 recommendation

104-111

What are the roles of the speaker in the NI Assembly? (3)

* Legislative - The speaker assesses the competence of legislation prior to the first and final stages of the bill. He/she sends a copy of the bill to the Human Rights Commission and, on completion of a bill, send a copy to the secretary of state to request that royal assent be given, thereby confirming the new bill as an act of the NI parliament.
* Ambassadorial - The speaker receives VIP visitors from overseas to Parliament Buildings. This includes heads of state and senior politicians. The speaker will also host a range of events to promote a wider understanding of the work of the Assembly as part of this ambassadorial role.
* Procedural - This is the main role of the speaker and is similar to that carried out by the speaker of the House of Commons in the UK political system. The speaker keeps order in the Assembly, selects amendments to bills and motions for debate, and selects questions for oral answer. The speaker manages the day-to-day running of the legislative chamber, schedules debates, oversees question time, and manages plenary sessions of the Assembly. The speaker is elected by MLAs at the first session of the Assembly following an election.

What are the roles of the assembly? (3)

1. To consider and pass legislation - the legislative role
2. To scrutinise the work of the Executive Committee and make sure it is spending public money wisely and acting within the limits of its powers - the scrutiny role
3. To represent the people who have elected them - the representative role

What is the legislative role of MLA’s? (4)

1. They can debate and vote on legislation in full plenary sessions on Mondays and Tuesdays at Stormont.
2. They can revise and scrutinise legislation through the committee system.
3. They can request that certain legislative proposals are designated as key decisions and therefore require cross-community support.
4. They can suggest legislative proposals or Private Members Bills, technically known as Non-Executive Bills.

What is the two methods of cross community support?

1. Weighted majority - This requires that 60 per cent of the total members are present and voting, and that 40 per cent of nationalist and 40 per cent of unionist designations present must vote in favour.
2. Parallel consent - This requires that a majority of members are present and voting, with a majority from both of the main communities supporting the bill. This is less rigid and less difficult to achieve than weighted majority, but it is the same basic idea.

How often has petition of concern been used?

11-16 it was used 115 times:

4 times for marriage equality

48 times for welfare reform

9 times on education

What is the issue with petition of concern?

The smaller parties have much less chance of abusing this procedure and they are among those who have claimed that it is being misused. Indeed, there is good cause to suggest that it has become an anti-democratic device by strengthening the already very strong position of the two biggest parties in the Assembly at the expense of the smaller ones. Recent Petitions of Concern seem to be much less about preventing discriminatory legislation from being passed and more about larger parties being able to see their agenda forced onto the Assembly.

What is an example of a petition of concern?

Possibly the most controversial to date is the DUP's invocation of a Petition of Concern to prevent the passing of the Marriage (Same Sex Couples) Bill, when in 2015, on the fifth attempt, it finally passed a Stormont vote. The DUP, adamantly opposed to gay marriage, and equating the passage of this bill with an attack on Christianity, immediately launched a Petition of Concern to stop the measure being passed. This caused a spokesperson from Amnesty International to wryly note that a mechanism designed to prevent abuses of power was being used to uphold discriminatory practice.

What powers do statutory committees have?

1. The ability to scrutinise legislation line by line, and to suggest relevant amendments. This power implies a conflictual relationship between the committee and minister, though it is more commonly the case that the committee and minister work together to try to produce good quality legislation. The Assembly Education Service estimates that 76 per cent of amendments suggested by the Statutory and is used to good effect. \n Committees are accepted, indicating that this is a significant power
2. The ability to scrutinise the actions of their minister (and, unlike the UK system, this is difficult to avoid). In order to do this, the committees have the power - reinforced by Section 44 of the Northern Ireland Act 1998 and Standing Order 46(2) - to call for persons and papers. This means that the committees can ask for witnesses to come before them; oblige ministers to attend hearings and answer awkward questions; and ask for all relevant documentation to be made available for their investigation. These scrutiny powers are taken seriously by the committee members who can, and do, ask some very difficult questions. On the other hand, Professor Rick Wilford of Queens University daims that they act more like 'party animals' than political animals - that they are still reluctant to criticise their own party when in the committes!, Committee reports are available online at www.niassembly govuk for further information, as required.
3. The ability to conduct inquiries. Ultimately, committees, if they remain dissatisfied with their minister's responses, or if they have an issue raised by a stakeholder (someone who has a key interest or solid knowledge of that area, for example, the Housing Executive in the case of a social housing matter), or as a result of the press or public interest, can start an inquiry. The inquiry will be held like any other legal inquiry, requiring detailed hearings and lengthy discussion. One of the most high-profile inquiries held by a Statutory Committee in the 2011-16 mandate was that held by the Committee for Social Development. Following a Spotlight programme in July 2013, this committee had to suspend most of its other work and investigate claims that Social Development Minister Nelson McCausland, had acted inappropriately in attempting to extend a Housing Executive contract with a maintenance firm - the Red Sky scandal (see page 75). This inquiry revealed the effectiveness of this process, as the committee found against the minister. However, it also said that there were limitations to its powers, and in its summary called for more extensive powers of investigation to be made available.

The ability to suggest change. Once they have looked into a matter committees will publish reports which will then go to the Assembly for debate. It is then up to the full Assembly to decide whether the report recommendations are enacted, and if the minister is present he/she is expected to respond. The minister is then expected to give a written response to the committee within two months. According to the Assembly Education Service, approximately 70 percent of the committees' recommendations are taken on board, The ablity to hold reviews. Apart from full inquiries committees can hold reviews that allow them to explore certain issues . An example of this is where the Assembly Education Committee looked into he matter of potential changes to A levels: These reviews allow the committees to keep up-to-date with issues as they arise, and make them better informed when dealing with relevant legislations.

What is the relationship like between ministers and committees?

Behind the scenes, the vast majority die time the minister and histher committee work together trying to get Agughas much legislation as possible in their relevant area. The bulk of they’re preishaped by Forward Work Plans, which outline the committee's work breach session. These plans are largely constructed in line with the relevant ministers policy proposals and are designed to help see these proposals go through as quickly and efficiently as possible. There is little time left for inquiries and this may be a potential criticism when it comes to their scrutiny role.

How are ministers questioned?

The Assembly may also hold the Executive to account by questioning ministers linchiding the First Minister and deputy First Minister about their areas of sponsibility and about issues that concern them or their constituents. This pRion in two main ways: Questions for Oral Answer and Written Ouestions.

How do questions for oral answer work?

The first, Questions for Oral Answer, is done via Question Time in the assembly" Time is set aside in the Assembly for direct questioning, ministers having submitted their questions in advance. twenty of these will be selected randomly by a computer programme for the minister to answer, and MLAS will have an opportunity for a follow-up or supplementary question, where they can press the minister for a more detailed response if they feel the issues Siren ben filly addressed. As these sessions are televised, and the public gallery is open, ministers do not want to be seen to be evasive or I’ll informed And will therefore attempt to answer the questions to the best of their ability. Any questions not answered will receive a written answer

What are topical questions?

Since September 2013, MLAs have been allowed additional time to question ministers, as a result of a new scrutiny procedure - Topical Question Times. MLAs have 15 extra minutes to ask questions on topical issues, ministers do not know the questions in advance.

What are written questions?

MLAs can also submit Written Questions to other ministers and this is a good way for MLAs to raise very specific issues or issues which relate to a very specific constituency concern. Ministers are expected to reply in a

timely and informative manner. There is a limit of five questions per day for

state for this key question, which does not seem overly restrictive. Some MLAs prefer written questions, as it is harder to deny a response if it is written down.

How do MLAs use adjournment debates to scrutinise?

MLAs can raise issues in Adjournment Debates, which are held at the end of plenary sessions, usually on Tuesdays, between 3 and 6 p.m, Allowing plenty room for a Discussion. These debates also provide the opportunity for MLAs to raise constituency concerns, which means they serve as representation tool as well. This scrutiny method is often overlooked.

How effective are the methods of scrutiny against ministers? (3)

1. Ministers can ignore their committee- got better after st andrews
2. Question time suffers the same limitations as that of the UK system, namely that ministers know the main question in advance.
3. The lack of a formal opposition was seen as a potential problem and one which has been addressed by John McCallister's Assembly and Executive Reform (Assembly Oppostion Act2016)

How independent is the assembly of the executive?

The key difference is the consociational nature of the NI system which requires a power-sharing Executive. This arguably creates a situation whereby the Executive is even less likely to be challenged as there may be as many as five of the main parties on the Executive, making them unlikely to vote against Executive legislation. However given the unique way the statutory committees work in NI and the tendency for party loyalty to be more important than Executive loyalty. There is some evidence of Executive dominance in legislation yet this can be justified when it is considered that it is the Executive's responsibility to suggest legislation for the good governing of NI. Equally, scrutiny has been enacted at times with very damaging results for the Executive and this does indicate that while the Executive may have euper hand some of the time, it cannot avoid Assembly scrutiny all of the time 

What do MLAs represent? (3)

1. Their parties views
2. Their own views
3. The constituency

How do MLAS fulfil their representation role? (5)

1. Raising a constituency issue at Question Time, through a written question to a minister, or by holding an adjournment debate on \n the matter.
2. Making sure that constituency concerns, either for the physical area or for the needs of individuals or groups within the constituency, are taken into consideration in new legislation, by playing an active role in debates and in the line-by-line analysis of legislation during the committee stage.
3. Introducing a Private Member's Bill to address an issue raised by a constituent, or to help the constituency in general.
4. MLAs can also join All Party Groups (APGs) to look at issues relevant to constituent. These are not formally part of the assembly and are made up of MLAs and outside organisations who share in interest in a particular issue. Although they have no formal role in the Assembly they are fast becoming an important part of the process: They allow MLAs to mare Necessary connections with other groups to make sure that, when they raise issues in the Assembly, they are better informed than if they were just working on an issue on their own. There are currently thirty-five APGs.
5. I’m addition to these roles in the Assembly, MIAs, as part of their representative role, are expected to carry out a number of roles in their constituency. These include: holding surgeries, which afford constituents an opportunity to raise issues and problems for the MLA to address; acting as a local dignitary by opening new facilities or attending school events; making sure that the facilities in the area are maintained and that new investment is attracted to the constituency; acting as a spokesperson; and acting as an ambassador for the constituency.