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The Northern Ireland Assembly Elections Bill

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The Northern Ireland Assembly Elections Bill RESEARCH PAPER 03/21 The Northern Ireland 13 MARCH 2003 Assembly Elections Bill Bill 74 of 2002-03 The Prime Minister announced on 5 March 2003 that the elections to the Northern Ireland Assembly, due on 1 May 2003, are to be postponed to 29 May 2003. This is in order to give the various parties involved in negotiations to restore devolved government time to consider forthcoming proposals from the Government. This two-clause Bill revokes the Northern Ireland (Date of Next Assembly Poll) Order 2001 that originally set the date of the poll as 1 May 2003. The Bill is expected to have all its stages in the Commons on 17 March 2003 and in the Lords on 18 March 2003. The Bill does not extend to local elections in Northern Ireland since no such elections are scheduled this year. Chris Sear PARLIAMENT AND CONSTITUTION CENTRE Richard Cracknell SOCIAL AND GENERAL STATISTICS SECTION HOUSE OF COMMONS LIBRARY Recent Library Research Papers include: 03/05 NATO: The Prague Summit and Beyond 16.01.03 03/06 The Railways and Transport Safety Bill [Bill 40 of 2002-03] 22.01.03 03/07 The Electricity (Miscellaneous Provisions) Bill [Bill 39 of 2002-03] 21.01.03 03/08 The Co-operatives and Community Benefit Societies Bill [Bill 15 of 2002-03] 29.01.03 03/09 The Sunday Working (Scotland) Bill [Bill 16 of 2002-03] 03.02.03 03/10 The National Minimum Wage (Enforcement Notices) Bill [HL] 03.02.03 [Bill 51 of 2002-03] 03/11 Economic Indicators [includes article: Changes to unemployment 03.02.03 rates for parliamentary constituencies] 03/12 The Police (Northern Ireland) Bill [Bill 52 of 2002-03] 05.02.03 03/13 Employment and Training Programmes for the Unemployed 10.02.03 03/14 Unemployment by Constituency, January 2003 12.02.03 03/15 The Industrial Development (Financial Assistance) Bill [Bill 5 of 2002-03] 13.02.03 03/16 The Convention on the Future of Europe: the deliberating phase 14.02.03 03/17 The Fireworks Bill [Bill 17 of 2002-03] 26.02.03 03/18 Economic Indicators [includes article: The Economic Background 03.03.03 to the 2003 Budget] 03/19 The Retirement Income Reform Bill [Bill 18 of 2002-03] 05.03.03 Research Papers are available as PDF files: • to members of the general public on the Parliamentary web site, URL: http://www.parliament.uk • within Parliament to users of the Parliamentary Intranet, URL: http://hcl1.hclibrary.parliament.uk Library Research Papers are compiled for the benefit of Members of Parliament and their personal staff. Authors are available to discuss the contents of these papers with Members and their staff but cannot advise members of the general public. Any comments on Research Papers should be sent to the Research Publications Officer, Room 407, 1 Derby Gate, London, SW1A 2DG or e-mailed to [email protected] ISSN 1368-8456 Summary of main points The possibility of postponing elections to the Northern Ireland Assembly, due on 1 May 2003, was raised during the process of negotiations to restore devolution to Northern Ireland. On 8 January 2003, the Secretary of State for Northern Ireland, Paul Murphy, said, “it is certainly my hope that there will be elections on 1 May to the Northern Ireland Assembly.”1 However, following detailed negotiations on 3 and 4 March 2003, Tony Blair, the Prime Minister, announced that the election would be postponed to 29 May 2003 in order to allow the parties involved in negotiations time to consider the Government’s proposals for the restoration of devolved government, which will be published in April 2003. The Bill will: • postpone the date of the Northern Ireland Assembly elections from 1 May 2003 to 29 May 2003. • remove the power of the Secretary of State to vary the date of the poll. • amend the Northern Ireland Act 1998 so that an Assembly elected on 29 May 2003 will not have to meet within eight days of the poll.2 • amend the ‘relevant period’ provisions in the Political Parties, Elections and Referendums Act 2000 relating to limits on campaign expenditure and controlled expenditure so that these will have effect from the period beginning four months before 29 May 2003 and ending on that date. • amend the electoral timetable for Assembly elections so that the date for the publication of notice of the election is not later than the 20th day before the date of the poll, rather than the 25th day. The new timetable for the local elections will therefore beginonTuesday29April. • allow for the dissolution of the Assembly on 28 April 2003. The Bill does not apply to local government, parliamentary by-elections or general elections. The Explanatory Notes to the Bill state that ‘the date as fixed by the Bill is not intended to be subject to any further changes’. 1 HC Deb 8 January 2003 vol 397 cc156 2 As long as s1 of the Northern Ireland Act 2000 is in force CONTENTS ITheNorthern Ireland Assembly Elections Bill 7 A. Overview 7 B. New timetable 8 II Background 9 A. The suspension of the Assembly 9 B. Postponement of the election 14 C. Northern Ireland Assembly elections 18 1. By elections 19 2. Fraud and postal voting 19 3. Campaign expenditure 19 4. Local elections 19 D. Reaction 20 E. Precedents for the postponement of elections 21 III The devolution settlement in Northern Ireland 23 A. Devolved powers 24 Appendix One: Northern Ireland election results 1998 & 2001 26 Appendix Two: Deaths, casualties and security services in Northern Ireland 27 RESEARCH PAPER 03/21 ITheNorthern Ireland Assembly Elections Bill A. Overview The Bill is a short, two-clause Bill, which contains the following provisions: Clause 1 revokes the Northern Ireland (Date of Next Assembly Poll) Order 2001,which had set 1 May 2003 as the date of the Northern Ireland Assembly. It substitutes a new section 31(2) in the Northern Ireland Act 1998 specifying that the Assembly election will take place on 29 May 2003 and that the Assembly will be dissolved on 28 April 2003. The Secretary of State’s power to vary the date of the poll, given in s31(3) of the Act, is removed. Further changes to the 1998 Act mean that an Assembly elected on 29 May 2003 will not have to meet within the specified eight days, provided s1 of the Northern Ireland Act 2000 is in force. Changes are made to paragraph 7 of Schedules 9 and10ofthePolitical Parties, Elections and Referendums Act 2000, which provide for limits on campaign expenditure and controlled expenditure, making the ‘relevant period’ for the purposes of that paragraph the period beginning four months before 29 May 2003 and ending on that date. Any expenditure incurred in connection with the original election date of 1 May will only count towards total expenditure if it was incurred during this ‘relevant period.’ These changes will only apply to this election and not to any subsequent election.3 Under s32 of the Northern Ireland Act, the Secretary of State has the power to propose a date for the poll by Order under certain circumstances. These include the Assembly passing a motion dissolving itself, and the failure of the Assembly to elect a First and deputy First Minister within six weeks of meeting. This power was exercised by the Northern Ireland (Date of Next Assembly Poll) Order 2001 in November 2001.4 The revocation of the Order under clause 1 does not revive the Secretary of State’s responsibility under the Act. The timetable for elections to the Assembly specified in Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 is amended to make the date for publication of notice of an election not later than the 20th day before the date of the poll, rather than the 25th day as specified in the Order.5 The timetable for the election will therefore begin on Tuesday 29 April 2003. Clause 2 provides for the short title. The Bill will come into force on Royal Assent. The Explanatory Notes state that there will be additional costs of no more than £20,000 because of the extra time available to voters to register for the elections under the rolling 3 Bill 74-EN, para 12 4 This was necessary because of problems relating to devolution in the autumn of 2001. See p18 below. 5 SI 2001/2599, available at http://www.legislation.hmso.gov.uk/si/si2001/20012599.htm 7 RESEARCH PAPER 03/21 registration scheme, and an estimated £30,000 for cancellation charges and the cost of hiring new premises arising from the change of polling date.6 B. New timetable Clause 1 of the Bill amends the timetable for elections to the next Northern Ireland Assembly as given in the Northern Ireland Assembly (Elections) Order 2001.7 As a result, the electoral timetable for an election on 29 May 2003 is: Northern Ireland Assembly election: Timetable based on polling day of 29 May 20038 Day of Day before Proceeding Date electoral poll timetable Day 1 -20 Latest date for the publication of notice of Tuesday 29 April election Day 2 -19 Wednesday 30 April Day 3 -18 Thursday 1 May Day 4 -17 Earliest date for the delivery of nomination papers Friday 2 May and for the delivery of withdrawal notices (10am to 4pm) Day 5 -16 Latest date for the delivery of nomination papers Tuesday 6 May and withdrawal notices (4pm). Last day for appointment of elections agents (4pm). Publication of statement of persons and parties nominated at (5pm) Day 6 -15 Wednesday 7 May Day 7 -14 Latest date for receipt of applications to vote by Thursday 8 May post or proxy Day8 -13 Friday9May Day 9 -12 Monday 12 May Day 10 -11 Tuesday 13 May Day 11 -10 Wednesday 14 May Day 12 -9 Thursday 15 May Day13 -8 Friday16May Day 14 -7 Monday 19 May Day 15 -6 Latest date for the receipt of late postal and proxy Tuesday 20 May vote applications on health grounds Day 16 -5 Wednesday 21 May Day 17 -4 Thursday 22 May Day18 -3 Friday23May Day 19 -2 Last date for receipt of lists of candidates’ polling Tuesday 27 May and counting agents Day 20 -1 Wednesday 28 May 0 Polling day (7am-10pm) Thursday 29 May 6 Bill 74-EN, para 17 7 SI 2001/2599, op cit.
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