Session 2006/2007 Report on Institutional Issues TOGETHER WITH THE MINUTES OF PROCEEDINGS, OFFICIAL REPORT AND PAPERS SUBMITTED TO THE COMMITTEE ON THE PREPARATION FOR GOVERNMENT Directed by the Secretary of State for Northern Ireland to be printed 26 September 2006 £35.75 Committee on the Preparation for Government Under the terms of the Northern Ireland Act 2006 the Secretary of State for Northern Ireland, the Rt Hon Peter Hain MP, directed on 26 May 2006 that a Committee should be established on the necessary business relating to the preparation for government. On 12 June 2006, the Secretary of State directed that the Committee should be chaired by the deputy presiding officers, Mr Jim Wells and Mr Francie Molloy. Membership The Committee has 14 members with a quorum of seven. The membership of the Committee since its establishment on 26 May 2006 is as follows: Mark Durkan MP Dr Seán Farren David Ford Michelle Gildernew MP Danny Kennedy Naomi Long Dr William McCrea MP Dr Alasdair McDonnell MP Alan McFarland Martin McGuinness MP *David McNarry Lord Morrow Conor Murphy MP Ian Paisley Jnr * Mr McNarry replaced Mr Michael McGimpsey on 10 July 2006 At its meeting on 12 June the Committee agreed that deputies could attend if members of the Committee were unable to do so. The following members attended at various times: Billy Armstrong Michael Ferguson** Sean Neeson Alex Attwood Arlene Foster Dermot Nesbitt Esmond Birnie William Hay John O’Dowd Dominic Bradley Derek Hussey Pat O’Rawe PJ Bradley Dolores Kelly Edwin Poots Francie Brolly Gerry Kelly Pat Ramsey Thomas Buchanan Patricia Lewsley Margaret Ritchie Gregory Campbell MP Fra McCann George Robinson Wilson Clyde Kieran McCarthy Peter Robinson MP Fred Cobain Raymond McCartney Caitriona Ruane Michael Copeland Nelson McCausland Kathy Stanton Rev Dr Robert Coulter David McClarty Mervyn Storey John Dallat Michael McGimpsey Peter Weir George Dawson Patsy McGlone Jim Wilson Diane Dodds Philip McGuigan Sammy Wilson MP Alex Easton Alban Maginness George Ennis Alex Maskey ** Michael Ferguson died suddenly on 25 September 2006 Report on Institutional Issues Contents Executive Summary 1 Conclusions 5 Introduction 7 Institutional Issues relating to Strand 1 of the Belfast Agreement 9 Institutional Issues relating to Strand 2 of the Belfast Agreement 20 Institutional Issues relating to Strand 3 of the Belfast Agreement 23 Appendix 1 - Minutes of Proceedings 25 Appendix 2 - Official Reports 55 Appendix 3 - List of Institutional Issues for consideration 345 Appendix 4 - Proposals not agreed by the Committee 353 Appendix 5 - Submissions from the parties 357 Appendix 6 - Draft Ministerial Code 417 Appendix 7 - Directions from the Secretary of State 489 Appendix 8 - Work plan published by the two Governments 513 Report on Institutional Issues Executive Summary 1. On 26 May 2006, the Secretary of State for Northern Ireland, the Rt Hon Peter Hain MP, directed that a committee should be established: ‘To scope the work which, in the view of the parties, needs to be done in preparation for Government’. 2. At its meeting on 24 July 2006, the Committee on the Preparation for Government agreed to take forward, within the Committee, work on a number of issues identified in the work programme published by the two Governments rather than set up sub-groups to consider the issues. 3. On 26 July 2006, the Committee considered how to take forward work on these issues and decided that the Committee would meet each Monday to address Institutional issues. 4. The first meeting of the Committee dedicated to Institutional issues took place on 31 July 2006. At that meeting the Committee concluded that it should examine each element of the Institutions arising from the Belfast Agreement. A wide range of issues was identified for consideration and, to provide structure for the Committee, these were grouped under the main headings relating to Strand 1, Strand 2 and Strand 3 of the Belfast Agreement. At its meeting on 7 August the Committee revised the list of issues for consideration and agreed to deal with them as follows: STRAND ONE The Assembly Accountability/Safeguards to include accountability and control mechanisms between the Assembly and the Executive. Committee Systems to include the role and effectiveness of committees. Efficiency/Effectiveness to include the creation of an Institutional Review Committee, dual/triple mandate and the number of Assembly Members. Stability to include the mechanisms required to ensure the stability of a future Assembly. The Executive Accountability/Safeguards to include the appointment of First Minister and Deputy First Minister, decision-taking within the Executive, collective responsibility and the Ministerial Code. Efficiency/Effectiveness in relation to the functions of OFM/DFM. Stability to include the issue of the disqualification of Ministers. Report on Institutional Issues STRAND TWO North/South Implementation bodies. North/South Ministerial Council. Other issues to include North/South Consultative Forum, North/South Parliamentary Forum and other cross border bodies. STRAND THREE British-Irish Intergovernmental Conference. British-Irish Inter-Parliamentary Body. East/West issues – accountability to the Assembly. New Council of the Isles. Operation of the British-Irish Council. STRAND ONE The Assembly 5. The Committee met on 7 and 14 August to consider the Institutional issues identified under Strand One of the Belfast Agreement. 6. The Committee considered the issue of “community designation and the voting system” and points that were discussed included the perception that the community designation system is divisive and the possibility of removing the designation system and introducing a weighted- majority system. In the absence of agreement on a number of proposals it was agreed that the existing voting system could be referred to a review mechanism of the Assembly (see paragraph 12) in the event that consensus could not be reached by further discussion. 7. The Committee discussed the merits of introducing a voluntary coalition system. There was no agreement on the introduction of such a system and a proposal that the Executive be formed by such a coalition was not carried. 8. There was limited discussion on the election of the Speaker and the Deputy Speakers and there was agreement that the current arrangements under the Northern Ireland Assembly Standing Orders should continue to apply. 9. There was detailed discussion on the election/appointment of the First Minister and the Deputy First Minister. Issues discussed included whether there should be an alternative way of appointing the First Minister and the Deputy First Minister. Following on from this the Committee looked at the possibility of using the same system as currently exists for the appointment of Ministers which does not require a vote in the Assembly. The possibility of endorsing the First Minister and Deputy First Minister by a vote in the Assembly followed by a vote to endorse the rest of the Executive was also considered. In the absence of agreement on a number of proposals, the issue of the election of the First Minister and Deputy First Minister was identified by at least one party as requiring resolution prior to the restoration of the Institutions. 10. Each party outlined its position with regard to accountability and control mechanisms within the Executive and between the Executive and the Assembly. There was detailed discussion of this issue which looked at how a balance might be achieved between the need for account- ability and the need to ensure that Ministers were able to carry out the duties within their areas of responsibility. Other issues that were considered included the possibility that power should be devolved to the Assembly or the collective Executive rather than to individual Ministers. The Committee also considered whether the Ministerial Code could be used to enhance accountability requirements between the Assembly and the Executive. After detailed discussion, the issue of accountability between the Executive and the Assembly was identified by at least one party as requiring resolution prior to the restoration of the Institutions. 11. Discussion on committee systems centred on the role and functions of the Committee of the Centre and it was agreed that this committee should be a statutory committee of the Assembly. 12. Under the broad heading of “efficiency/effectiveness” the Committee considered the possibility of establishing an Institutional Review Committee of the Assembly to examine the operational aspects of Strand One of the Belfast Agreement. The Committee agreed that a mechanism or Institutional review should be established in the Assembly to examine the operational aspects of Strand One of the Agreement. At its meeting on 13 September the Committee agreed that a second mechanism was needed to review the efficiency of the Assembly structures. 13. The Committee considered the issue of MLAs holding dual/triple mandates and agreed that this practice should be phased out with the timing of this to be subject to the mechanism/ Institutional review. 14. The Committee also agreed that the number of MLAs should be reduced and that this matter should be subject to mechanism/Institutional review. 15. There was a detailed debate on stability mechanisms and the need to create stability and avoid continual suspensions of the Assembly. In considering this issue there was discussion on the need for confidence to be built up between the parties to assist the sustainability of the Institutions. Consideration was also given to the possibility of using existing and revised mechanisms of the Ministerial Code and Pledge of Office to promote stability. The Committee agreed that a mechanism was needed to ensure Institutional stability. 16. In discussions about the Executive it was agreed, in principle, that certain public appointments should be brought to the Executive for endorsement. 17. There was general acknowledgement of the need to enhance collective decision-taking within the Executive and that the Ministerial Code should be used to increase this collectivity.