Devolution - Northern Ireland

Question 1

Attitude to disputes over devolution in NI?

Answer 1

Arguably the most generous towards devolved nation out of all three.

Reason why not due to courts’ undermining Ps but due to political tension that has existed consistently in NI since the 60s.

Question 2

Facts of Robinson v Sec of State for NI?

Answer 2

Deputy Leader Robinson challenged re-election of First Minister – didn’t occur within 6-week time limit as outlined in NI Act 1998.

Question 3

Judgement in Robinson?

Answer 3

Court held NI Act deemed in effect a const.

Question 4

Hoffmann in Robinson?

Answer 4

Const. statutes should be interpreted generously and purposively.

Parli’s intention with NI Act 1998 a subliminal form of ensuring Ps.

Question 5

Facts of Buick’s Application?

Answer 5

NI gov suspended between 2017-20.

Case challenged Secretary of Department of Infrastructure who granted permission for a major incinerator and waste treatment centre.

Question 6

Issue in Buick’s Application?

Answer 6

Decision was made by an official, not a gov minister.

However, no gov official so no gov minister

Question 7

NICA’s judgement in Buick’s Application?

Answer 7

Decision unlawful as it could only be taken by gov minister.

Question 8

Westminster Parli’s response to Buick’s Application?

Answer 8

Created the Executive Formation Act 2019 -> allowed officials to make decisions which only gov ministers could make.

Question 9

Nationalists?

Answer 9

Catholics - substantial minority

Preferred united Ireland free from UK

Question 10

Unionists?

Answer 10

Protestants - majority

Preferred continued membership of UK

Question 11

Political challenge from the 1960s?

Answer 11

Getting two opposing factions to participate in government together – resulted in considerable violence between 1960s-80s (the Troubles)

Question 12

Good Friday Agreement 1998?

Answer 12

Agreement ratified by referendums in NI & Ireland.

After referendum, ratified NI Act 1998.

Question 13

Northern Ireland Act 1998?

Answer 13

Adopts consociationalism – power-sharing agreements.

Formed NI Assembly:
1. Members can join nationalist, unionist, or ‘other’.
2. Nationalist and unionist groups must agree on important decisions

Formed NI Executive:
1. Comprised of NI Assembly members.
2. Ministers allocated via d’Hondt formula (party gets % of cabinet positions proportionate to % share of vote).
3. Led by nationalist and unionist party as First and Deputy First Minister.

Question 14

S. 1(1) of NIA 1998?

Answer 14

Reassures protestants that NI part of UK, unless they don’t want it to be – can vote to opt out.

Question 15

S. 1(2) of NIA 1998?

Answer 15

If NI wants to be part of RoI, UK must respect it.

Question 16

Model of devolution in NI?

Answer 16

Mixed:

Transferred powers – full legislative powers on education, transport, health.

Reserved powers – UK Parli has authority, but NI Assembly can legislate w/ consent of Secretary of State (i.e. prisons, financial services regulation).

Excepted powers – UK Parli has sole authority on the constitution and treaties.

Question 17

Northern Ireland (Executive Formation) Act 2019?

Answer 17

Extended life of NI executive.

Extended powers of UK Secretary of State to step into NI government if it collapses.

Question 18

Dickson on Robinson?

Answer 18

Peace process too important to be limited by legislation’s restrictive wording.