Northern Ireland (Executive Formation and Exercise of Functions) Act 2018
Official Summary
To facilitate the formation of an Executive in Northern Ireland by extending the time for making Ministerial appointments following the election of the Northern Ireland Assembly on 2 March 2017; and to make provision about the exercise of governmental functions in, or in relation to, Northern Ireland in the absence of Northern Ireland Ministers.
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Overview
This bill extends the deadline for forming an Executive in Northern Ireland following the March 2017 Assembly election and makes provisions for how government functions will be handled in the absence of a functioning Northern Ireland Executive. It also addresses some human rights concerns.
Description
The bill extends the deadline for appointing Northern Ireland Ministers until March 26th, 2019, with a possible five-month extension under specific circumstances requiring parliamentary approval. In the absence of an Executive, senior officials in Northern Ireland departments can exercise governmental functions if deemed in the public interest, guided by the Secretary of State. The Secretary of State will also provide guidance to these officials on how to address specific human rights concerns regarding several Acts of Parliament. The bill also specifies how appointment functions usually carried out by Northern Ireland Ministers will be handled by UK Ministers during this period, with consultation required with relevant Northern Ireland departments.
Government Spending
The bill doesn't directly specify government spending figures. The costs are likely associated with the additional work undertaken by UK government departments in managing Northern Ireland's affairs in the absence of a local Executive, and the development and dissemination of guidance documents.
Groups Affected
- People of Northern Ireland: The bill directly impacts the delivery of public services, potentially causing delays or changes in how services are provided while the Executive is not formed. The bill aims to address human rights concerns related to aspects of current legislation which have been found incompatible with human rights legislation.
- Northern Ireland civil servants: Senior officials will take on increased responsibilities in the absence of Ministers, potentially requiring extra work and requiring them to make important decisions under guidance from the Secretary of State.
- UK Government Departments: These will assume responsibilities for certain Northern Ireland functions, increasing their workload and potentially their budgets.
- Political parties in Northern Ireland: The extension impacts their ability to form an Executive and exert influence over government policy.
- Those involved in court cases: The guidance issued by the Secretary of State aims to resolve human rights matters that are subject of pending or future legal challenges.
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