Northern Ireland (Executive Formation etc) Act 2022
Official Summary
A Bill to make provision to extend the period following the Northern Ireland Assembly election of 5 May 2022 during which Ministers may be appointed and after which the Secretary of State must propose a date for another election; about the exercise of functions in the absence of Northern Ireland Ministers; to confer powers on the Secretary of State to determine salaries and other benefits for Members of the Assembly in respect of periods in which the Assembly is not functioning; and to confer powers on the Secretary of State to set the regional rate in Northern Ireland.
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Overview
This bill addresses the ongoing political deadlock in Northern Ireland by extending the timeframe for forming a power-sharing executive, granting the UK Secretary of State temporary powers to manage government functions, set Assembly member salaries, and determine the regional rate.
Description
Executive Formation
The bill extends the deadline for appointing Northern Ireland Ministers by six weeks, with a further six-week extension possible at the Secretary of State's discretion. If an executive isn't formed, the Secretary of State must call another election.
Departmental Functions
In the absence of a functioning Northern Ireland executive, senior officials in Northern Ireland government departments can exercise their functions if it is deemed in the public interest. This power is backdated to October 28th, 2022. The Secretary of State will issue guidance on this.
Appointment Functions
The bill empowers UK Ministers to exercise appointment functions previously held by Northern Ireland Ministers, subject to consultation with Northern Ireland departments. This includes appointments to various positions, including judicial roles.
Northern Ireland Assembly Pay & Regional Rate
The Secretary of State is given the power to determine salaries and benefits for Northern Ireland Assembly members while the Assembly is not functioning and to set the regional rate for 2023/24.
Government Spending
The bill allows the Secretary of State to determine the salaries and benefits for Northern Ireland Assembly Members. While exact figures aren't explicitly stated, this potentially impacts government spending, depending on the Secretary of State's decisions. The bill also allows the Secretary of State to set the regional rate in Northern Ireland, potentially impacting government revenue.
Groups Affected
- Northern Ireland Ministers: Their powers are temporarily suspended, with some functions transferred to UK Ministers.
- Senior Officials in Northern Ireland Departments: Granted temporary power to make key decisions.
- Northern Ireland Assembly Members: Their salaries and benefits are determined by the UK Secretary of State, potentially resulting in changes to their financial compensation.
- Residents of Northern Ireland: Potentially affected by decisions concerning public services and the regional rate.
- Political Parties in Northern Ireland: The bill's outcome will significantly impact their ability to form a government.
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