Northern Ireland Act 2009

Commentary on Sections

Schedule 1 – Northern Ireland department with policing and justice functions

Part 3

34.As mentioned above, the agreement between the First and deputy First Ministers was that this ministerial model would apply for an initial period but the Assembly would be required to review the arrangements and to put in place permanent arrangements by 1 May 2012. This Part of the Schedule sets out the transitional arrangements that will apply until 1 May 2012 or, if earlier, the point at which the Assembly puts in place permanent arrangements for the department (“the transitional period”). Paragraphs 6 to 8 apply only if the initial model chosen for the justice department is the one set out in Schedule 1 to this Act.

35.Paragraph 6 sets aside the provisions of section 18(1)(b) of the 1998 Act when the first justice department is established. The effect of this is to remove the requirement – that would normally obtain when a determination is made under section 17(1) of the 1998 Act following the establishment of a new department – for all Northern Ireland Ministers to cease to hold office at the point that devolution of policing and justice occurs.

36.Section 32(3)(a) of the 1998 Act requires that, following an election, the Secretary of State is obliged to propose a date for a new Assembly election should a new Executive not be formed within seven days of the new Assembly first meeting. Paragraph 7 provides that during the transitional period the Assembly may, if necessary, keep trying to elect a justice minister beyond the seven day deadline without triggering another Assembly election.

37.Paragraph 8(1) provides that the first justice department will be dissolved on 1 May 2012 unless the Assembly, by that date, either has passed a resolution to continue the department on the same basis beyond 1 May 2012 or has put in place alternative future arrangements for the ministerial oversight of that department. Paragraph 8(2) provides that any such resolution must be passed with cross-community support.

38.Paragraph 8(3) provides that a new Act of the Assembly under paragraph 8(1)(b) may provide for the department to continue operating. The effect of this is to avoid the need to dissolve the department and re-establish it. Paragraph 8(4) and (5) enables the Act to switch the ministerial model used to fill that ministerial office.

39.Paragraph 8(9) provides that the Assembly may choose to dissolve the department at any time. It may then set up a new department in line with the provisions of the 1998 Act.

40.Paragraphs 9 and 10 make consequential amendments to sections 21B and 21C of the 1998 Act so that these sections apply only if the departmental model described in section 21A(5A), that is a minister supported by a deputy minister, is chosen for the first justice department at the time the department is established.