Northern Ireland Flashcards
What is ‘cross-community’?
‘Cross-community’: all members designated as nationalist or unionist (or other); certain decisions (specified in NIA or otherwise with 30-member petition of concern) require majority within both communities OR at least 40% of each and 60% of total
What is the North-South Ministerial Council?
TheNorth/South Ministerial Council(NSMCis a body established under theGood Friday Agreementto co-ordinate activity and exercise certain governmental powers across the whole island ofIreland. The Council takes the form of meetings between ministers from bothRepublic of Ireland andNorthern Irelandand is responsible for twelve policy areas. Six of these areas are the responsibility of correspondingNorth/South Implementation Bodies. The body is based in the city ofArmagh. The North/South Ministerial Council and theNorthern Ireland Assemblyare “mutually inter-dependent” institutions: one cannot exist without the other.When the Northern Ireland Assembly is suspended, responsibility for areas of co-operation fall to theBritish-Irish Intergovernmental Conference.
What is the British-Irish Council?
TheBritish–Irish Council(BIC) is anintergovernmental organisationwhich aims to improve collaboration between its members in a number of areas including transport, the environment, and energy.Its membership comprisesIreland, theUnited Kingdom, thedevolved governments ofNorthern Ireland, Scotland and Wales and the governments of theCrown dependenciesof the UK:Guernsey, Jerseyand theIsle of Man. England does not have adevolvedadministration, and as a result is not individually represented on the Council. The British and Irish governments, and political parties in Northern Ireland, agreed to form a Council under the British–Irish Agreement, part of theGood Friday Agreementreached in 1998. The Council was formally established on 2 December 1999, when the Agreement came into effect. The Council’s stated aim is to “promote the harmonious and mutually beneficial development of the totality of relationships among the peoples of these islands”. The BIC has a standing secretariat, located inEdinburg, Scotland and meets in semi-annual summit session and more frequentministerialmeetings.
Talk about Robinson (2002) and the Good Friday Agreement.
The 1998 Act, as already noted, was passed to implement the Belfast Agreement, which was itself reached, after much travail, in an attempt to end decades of bloodshed and centuries of antagonism. .[It] does not set out all the constitutional provisions applicable to Northern Ireland, but it is in effect a constitution. So to categorise the Act is not to relieve the courts of their duty to interpret the constitutional provisions in issue. But the provisions should, consistently with the language used, be interpreted generously and purposively, bearing in mind the values which the constitutional provisions are intended to embody.
This agreement was the product of multi-party negotiations to devise constitutional arrangements for a fresh start in Northern Ireland. A key element in the agreement was the concept of decisions being made with cross-community support, that is, by representatives of majorities of both the unionist and nationalist communities. The 1998 Act is a constitution for Northern Ireland, framed to create a continuing form of government against the background of the history of the territory and the principles agreed in Belfast.
When the Act had been drafted it was not expected that its implementation would be without difficulty. There was no explicit provision for this situation. The six week limit allowed for intervention by the Secretary of State, and the wording presumed that an election might still take place. The election was valid. There was a time limit to prevent deadlock, not to prevent an election. The judges took a purposive approach, they considered the context behind the act and Parliament’s intention. Pragmatic approach and judicial interpretation – a balance between the two but slightly more pragmatic than judicial interpretation.What
Name sections 2, 6, 8, 18, 21, 28, 42 and 73 of the Northern Ireland Act 1998 and any general points.
The Northern Ireland Act 1998 is the primary source for constitutional norms in Northern Ireland.
S 2 – “cross-community support” (use this for presiding officer and deputy minister) in relation to a vote on any matter means: The support of a majority of the members voting, a majority of the designated Nationalists and the majority of the designated Unionists voting; or the support of 60% of the members voting, 40% of the designated Nationalists voting and 40% of the designated Unionists voting.
S 6 - A provision is outside the Assembly’s competence if it discriminates against any person or class of person on the ground of religious belief or political opinion.
S 8 – The Assembly shall not pass a relevant Bill without cross-community support.
S 18 – a mathematical formula (D’Hondt) allows for more proportional representation.
S 21 – Cross-community support for justice ministers.
S 28 – they must apply to the Northern Ireland ministerial code, which enforces power sharing.
S 42 – If 30 Members petition the assembly expressing their concern about a matter which is to be voted on by the Assembly, the vote on the matter shall require cross-community support.
S 73 – the appointments for the Equality Commission should try and ensure that the Commissioners aa a group are representative of the Community in Northern Ireland.
The First president and deputy president cannot exist without each other – one must resign if the other does.
Name 10 criticisms with the current Northern Irish system of government.
- Major disagreements between the parties on most issues – cannot form an effective government therefore has to be constantly dissolved.
- There is no effective opposition due to the D’Hondt voting system.
- The structure of Northern Ireland’s institutions.
- Main issue – multiple parties have to overall agree to pass legislation but only one has to disagree for it to be brought down.
- Dissolving does nothing as the new ministers will most likely have the same beliefs.’
- There is a high strength on unionist or nationalist or other.
- No/very little accountability.
- The two main parties sit opposite each other which doesn’t encourage cooperation and encourages ethnic and sectarian divisions.
- Tribal politics – loyalty to class group.
- Petition of concern (s 42) can be abused.
What was held in Miller (2017)?
(i) Does any provision of the NI Act, read together with the Belfast Agreement and the British-Irish Agreement, have the effect that primary legislation is required before Notice can be given? [Unsure but does not arise given Miller finding that Act of Parliament is necessary to notify under article 50]
(ii) If the answer is “yes”, is the consent of the Northern Ireland Assembly required before the relevant legislation is enacted? [taken as part of the ‘Sewel’ question – still no]
(iii) If the answer to question (i) is “no”, does any provision of the NI Act read together with the Belfast Agreement and the British-Irish Agreement operate as a restriction on the exercise of the prerogative power to give Notice? [not addressed due to broader finding in Miller]
(iv) Doessection 75of the NI Act prevent exercise of the power to give Notice in the absence of compliance by the Northern Ireland Office with its obligations under that section? [No, if it arose]
(v) Does the giving of Notice without the consent of the people of Northern Ireland impede the operation ofsection 1of the NI Act? [No]
How does McCrudden criticise Miller?
The House of Lords had paid appropriate respect to devolved powers in Northern Ireland in Robinson.
In Miller the Supreme Court did not do this: Leaving the UK would grossly affect NI unlike other parts of the United Kingdom; Border with the Republic of Ireland, which is in the EU; The Supreme Court should have taken this into account; Diverting attention away from some of the questions; ‘Special Statue’ of Northern Ireland; and The Good Friday Agreement is important and unique – the EU should take this into consideration – no hard border.
