CAIN: Northern Ireland Act 1998

The Northern Ireland Act 1998

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SCHEDULE 6

STANDING ORDERS: FURTHER PROVISION

Preservation of order

1. - (1) The standing orders shall include provision for preserving order in the proceedings of the Assembly, including provision for-

(a) preventing conduct which would constitute a criminal offence or contempt of court; and

(b) a sub judice rule.

(2) Such provision may provide for excluding a member of the Assembly from proceedings and for withdrawing his rights and privileges as a member for the period of his exclusion.

Proceedings to be in public

2. - (1) The standing orders shall include provision requiring the proceedings of the Assembly to be held in public, except in such circumstances as the standing orders may provide.

(2) The standing orders may include provision as to the conditions to be complied with by any member of the public attending the proceedings, including provision for excluding from the proceedings any member of the public who does not comply with those conditions.

Reporting and publishing proceedings

3. The standing orders shall include provision for reporting the proceedings of the Assembly and for publishing the reports.

Committees

4. - (1) The standing orders shall include provision for ensuring that, in appointing members to committees, regard is had to the balance of parties in the Assembly.

(2) The standing orders may include provision for excluding from the proceedings of a committee a member of the Assembly who is not a member of the committee.

SCHEDULE 7

THE NORTHERN IRELAND HUMAN RIGHTS COMMISSION

Introductory

1. In this Schedule "the Commission" means the Northern Ireland Human Rights Commission.

Commissioners' tenure

2. - (1) Subject to the provisions of this Schedule, a Commissioner shall hold office in accordance with the terms of his appointment.

(2) A Commissioner shall not be appointed-

(a) in the case of the Chief Commissioner, for more than five years at a time; and

(b) in any other case, for more than three years at a time.

(3) A person may resign as a Commissioner or as Chief Commissioner by notice in writing to the Secretary of State.

(4) The Secretary of State may dismiss a person from his office as Commissioner or Chief Commissioner if satisfied-

(a) that he has without reasonable excuse failed to discharge his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal;

(b) that he has been convicted of a criminal offence;

(c) that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

(d) that he is unable or unfit to carry out his functions.

Commissioners' salary etc.

3. - (1) The Commission shall pay to or in respect of Commissioners-

(a) remuneration;

(b) allowances and fees; and

in accordance with directions of the Secretary of State.

(2) Where a person who by reference to any office or employment is a participant in a scheme under section 1 of the Superannuation Act 1972 becomes a Commissioner or the Chief Commissioner, the Minister for the Civil Service may, notwithstanding any provision made under sub-paragraph (1)(c), determine that the person's service as Commissioner or Chief Commissioner shall be treated for the purposes of the scheme as service in that office or employment.

Staff

4. - (1) The Commission may employ staff subject to the approval of the Secretary of State as to numbers and as to remuneration and other terms and conditions of employment.

(2) Employment with the Commission shall be included among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) after "Commission for Racial Equality" insert- "Northern Ireland Human Rights Commission".

(3) The Commission shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Annual report

5. - (1) The Commission shall, as soon as reasonably practicable after the end of each year, make a report to the Secretary of State on the performance of its functions during the year.

(2) The Secretary of State shall lay a copy of the report before each House of Parliament.

Money

6. The Secretary of State may make grants to the Commission out of money provided by Parliament.

7. - (1) The Commission shall keep proper accounts and financial records.

(2) The Commission shall-

(a) prepare a statement of accounts in respect of each financial year containing such information, and in such form, as the Secretary of State with the consent of the Treasury directs; and

(b) send a copy to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year as the Secretary of State directs.

(3) The Comptroller and Auditor General shall-

(a) examine, certify and report on the statement of accounts; and

(b) lay a copy of the statement of accounts and of his report before each House of Parliament.

(4) For the purposes of this paragraph-

(a) a financial year is a period of twelve months ending on 31st March; but

(b) the first financial year is the period beginning with the day on which section 68 comes into force and ending with the first 31st March which falls at least six months after that day.

Procedure

8. - (1) In determining its own procedure the Commission may, in particular, make provision about-

(a) the discharge of its functions by committees (which may include persons who are not Commissioners);

(b) a quorum for meetings of the Commission or a committee.

(2) The validity of any proceedings of the Commission or a committee shall not be affected by-

(a) a vacancy in the office of Chief Commissioner; or

(b) a defect in the appointment of a Commissioner.

Disqualification

9. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert- "Northern Ireland Human Rights Commissioner".

10. In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert- "Northern Ireland Human Rights Commissioner".

Status

11. The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and property of the Commission shall not be regarded as property of, or held on behalf of, the Crown.

SCHEDULE 8

THE EQUALITY COMMISSION FOR NORTHERN IRELAND

Introductory

1. In this Schedule "the Commission" means the Equality Commission for Northern Ireland.

Commissioners' tenure

2. - (1) Subject to the provisions of this Schedule, a Commissioner shall hold office in accordance with the terms of his appointment.

(2) A Commissioner shall not be appointed-

(a) in the case of the Chief Commissioner, for more than five years at a time; and

(b) in any other case, for more than three years at a time.

(3) A person may resign as a Commissioner, as the Chief Commissioner or as a Deputy Chief Commissioner by notice in writing to the Secretary of State.

(4) The Secretary of State may dismiss a person from his office of Commissioner, Chief Commissioner or Deputy Chief Commissioner if satisfied-

(a) that he has without reasonable excuse failed to discharge his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal;

(b) that he has been convicted of a criminal offence;

(c) that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

(d) that he is unable or unfit to carry out his functions.

Commissioners' salary etc.

3. The Department of Economic Development may with the approval of the Department of Finance and Personnel pay to or in respect of Commissioners-

(a) remuneration;

(b) allowances and fees; and

Staff

4. - (1) The Commission may with the approval of the Department of Economic Development and the Department of Finance and Personnel as to numbers and as to remuneration and other terms and conditions of employment-

(a) employ such staff as the Commission considers necessary;

(b) employ the services of such other persons as the Commission considers expedient for any particular purpose.

(2) The Commission may, in the case of such of its staff as may be determined by it with the approval of the Department of Economic Development and the Department of Finance and Personnel, pay such pensions, allowances or gratuities, or provide and maintain such pension schemes, as may be so determined.

(3) Payments made or expenses incurred under this paragraph shall be defrayed out of money appropriated by Act of the Assembly.

Annual report

5. - (1) The Commission shall, as soon as reasonably practicable after the end of each year, make a report to the Department of Economic Development-

(a) on the performance of its functions during the year; and

(b) on any steps which, during the year, have been taken by it and other public authorities to promote such equality of opportunity as is mentioned in section 75(1).

(2) The report shall, in particular, give details of how resources have been divided between the functions previously exercisable by each of the bodies listed in section 74(2).

(3) The Department shall lay a copy of the report before the Assembly and send a copy of the report to the Secretary of State.

(4) The Secretary of State shall lay a copy of the report before each House of Parliament.

Money

6. - (1) Expenditure incurred by the Commission may be defrayed as expenses of the Department of Economic Development if authorised by that Department and the Department of Finance and Personnel.

(2) Expenditure defrayed under this paragraph shall be defrayed out of money appropriated by Act of the Assembly and an authorisation for the purposes of this paragraph may be general or specific.

7. - (1) The Commission shall keep accounts and financial records in a form approved by the Department of Economic Development.

(2) The Commission shall-

(a) prepare a statement of accounts in respect of each financial year containing such information, and in such form, as is directed by the Department of Economic Development with the consent of the Department of Finance and Personnel; and

(b) send a copy to the Department of Economic Development and to the Comptroller and Auditor General for Northern Ireland within such period after the end of the financial year as the Department directs.

(3) The Comptroller and Auditor General for Northern Ireland shall-

(a) examine, certify and report on the statement of accounts; and

(b) send a copy of the statement of accounts and of his report to the Department of Economic Development.

(4) The Department shall lay a copy of the statement of accounts and the Comptroller and Auditor General's report before the Assembly.

(5) For the purposes of this paragraph-

(a) a financial year is a period of twelve months ending on 31st March; but

(b) the first financial year is the period beginning with the day on which section 73 comes into force and ending with the first 31st March which falls at least six months after that day.

Procedure

8. - (1) In determining its own procedure the Commission may, in particular, make provision about-

(a) the discharge of its functions by committees (which may include persons who are not Commissioners);

(b) a quorum for meetings of the Commission or a committee.

(2) The validity of any proceedings of the Commission or a committee shall not be affected by-

(a) a vacancy in the office of Chief Commissioner or Deputy Chief Commissioner; or

(b) a defect in the appointment of a Commissioner.

Disqualification

9. In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified) at the appropriate place insert- "The Equality Commission for Northern Ireland".

10. In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) at the appropriate place insert- "The Equality Commission for Northern Ireland".

The Northern Ireland Commissioner for Complaints

11. In Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation) at the appropriate place insert- "The Equality Commission for Northern Ireland".

Status

12. The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and property of the Commission shall not be regarded as property of, or held on behalf of, the Crown.

SCHEDULE 9

EQUALITY: ENFORCEMENT OF DUTIES

The Equality Commission

1. The Equality Commission for Northern Ireland shall-

(a) keep under review the effectiveness of the duties imposed by section 75;

(b) offer advice to public authorities and others in connection with those duties; and

Equality schemes

2. - (1) A public authority to which this sub-paragraph applies shall, before the end of the period of six months beginning with the commencement of this Schedule or, if later, the establishment of the authority, submit a scheme to the Commission.

(2) Sub-paragraph (1) applies to any public authority except one which is notified in writing by the Commission that that sub-paragraph does not apply to it.

3. - (1) Where it thinks appropriate, the Commission may-

(a) request a public authority to which paragraph 2(1) does not apply to make a scheme;

(b) request any public authority to make a revised scheme.

(2) A public authority shall respond to a request under this paragraph by submitting a scheme to the Commission before the end of the period of six months beginning with the date of the request.

4. - (1) A scheme shall show how the public authority proposes to fulfil the duties imposed by section 75 in relation to the relevant functions.

(2) A scheme shall state, in particular, the authority's arrangements-

(a) for assessing its compliance with the duties under section 75 and for consulting on matters to which a duty under that section is likely to be relevant (including details of the persons to be consulted);

(b) for assessing and consulting on the likely impact of policies adopted or proposed to be adopted by the authority on the promotion of equality of opportunity;

(d) for publishing the results of such assessments as are mentioned in paragraph (b) and such monitoring as is mentioned in paragraph (c);

(e) for training staff;

(f) for ensuring, and assessing, public access to information and to services provided by the authority.

(3) A scheme shall-

(a) conform to any guidelines as to form or content which are issued by the Commission with the approval of the Secretary of State;

(b) specify a timetable for measures proposed in the scheme; and

(4) In this paragraph-

"equality of opportunity" means such equality of opportunity as is mentioned in section 75(1);

"the relevant functions" means the functions of the public authority or, in the case of a scheme submitted in response to a request which specifies particular functions of the public authority, those functions.

5. Before submitting a scheme a public authority shall consult, in accordance with any directions given by the Commission-

(a) representatives of persons likely to be affected by the scheme; and

(b) such other persons as may be specified in the directions.

6. - (1) On receipt of a scheme the Commission shall-

(a) approve it; or

(b) refer it to the Secretary of State.

(2) Where the Commission refers a scheme to the Secretary of State under sub-paragraph (1)(b), it shall notify the Assembly in writing that it has done so and send the Assembly a copy of the scheme.

7. - (1) Where a scheme is referred to the Secretary of State he shall-

(a) approve it;

(b) request the public authority to make a revised scheme; or

(2) A request under sub-paragraph (1)(b) shall be treated in the same way as a request under paragraph 3(1)(b).

(3) Where the Secretary of State-

(a) requests a revised scheme under sub-paragraph (1)(b); or

(b) makes a scheme under sub-paragraph (1)(c),

he shall notify the Assembly in writing that he has done so and, in a case falling within paragraph (b), send the Assembly a copy of the scheme.

8. - (1) If a public authority wishes to revise a scheme it may submit a revised scheme to the Commission.

(2) A revised scheme shall be treated as if it were submitted in response to a request under paragraph 3(1)(b).

(3) A public authority shall, before the end of the period of five years beginning with the submission of its current scheme, or the latest review of that scheme under this sub-paragraph, whichever is the later, review that scheme and inform the Commission of the outcome of the review.

Duties arising out of equality schemes

9. - (1) In publishing the results of such an assessment as is mentioned in paragraph 4(2)(b), a public authority shall state the aims of the policy to which the assessment relates and give details of any consideration given by the authority to-

(a) measures which might mitigate any adverse impact of that policy on the promotion of equality of opportunity; and

(b) alternative policies which might better achieve the promotion of equality of opportunity.

(2) In making any decision with respect to a policy adopted or proposed to be adopted by it, a public authority shall take into account any such assessment and consultation as is mentioned in paragraph 4(2)(b) carried out in relation to the policy.

(3) In this paragraph "equality of opportunity" has the same meaning as in paragraph 4.

Complaints

10. - (1) If the Commission receives a complaint made in accordance with this paragraph of failure by a public authority to comply with a scheme approved or made under paragraph 6 or 7, it shall-

(a) investigate the complaint; or

(b) give the complainant reasons for not investigating.

(2) A complaint must be made in writing by a person who claims to have been directly affected by the failure.

(3) A complaint must be sent to the Commission during the period of 12 months starting with the day on which the complainant first knew of the matters alleged.

(4) Before making a complaint the complainant must-

(a) bring the complaint to the notice of the public authority; and

(b) give the public authority a reasonable opportunity to respond.

Investigations

11. - (1) This paragraph applies to-

(a) investigations required by paragraph 10; and

(b) any other investigation carried out by the Commission where it believes that a public authority may have failed to comply with a scheme approved or made under paragraph 6 or 7.

(2) The Commission shall send a report of the investigation to-

(a) the public authority concerned;

(b) the Secretary of State; and

(3) If a report recommends action by the public authority concerned and the Commission considers that the action is not taken within a reasonable time-

(a) the Commission may refer the matter to the Secretary of State; and

(b) the Secretary of State may give directions to the public authority in respect of any matter referred to him.

(4) Where the Commission-

(a) sends a report to the Secretary of State under sub-paragraph (2)(b); or

(b) refers a matter to the Secretary of State under sub-paragraph (3)(a),

it shall notify the Assembly in writing that it has done so and, in a case falling within paragraph (a), send the Assembly a copy of the report.

(5) Where the Secretary of State gives directions to a public authority under sub-paragraph (3)(b), he shall notify the Assembly in writing that he has done so.

Government departments

12. - (1) Paragraphs 6, 7 and 11(2)(b) and (3) do not apply to a government department which is such a public authority as is mentioned in section 75(3)(a).

(2) On receipt of a scheme submitted by such a government department under paragraph 2 or 3 the Commission shall-

(a) approve it; or

(b) request the department to make a revised scheme.

(3) A request under sub-paragraph (2)(b) shall be treated in the same way as a request under paragraph 3(1)(b).

(4) Where a request is made under sub-paragraph (2)(b), the government department shall, if it does not submit a revised scheme to the Commission before the end of the period of six months beginning with the date of the request, send to the Commission a written statement of the reasons for not doing so.

(5) The Commission may lay before Parliament and the Assembly a report of any investigation such as is mentioned in paragraph 11(1) relating to a government department such as is mentioned in sub-paragraph (1).

SCHEDULE 10

DEVOLUTION ISSUES

PART I

PRELIMINARY

1. In this Schedule "devolution issue" means-

(a) a question whether any provision of an Act of the Assembly is within the legislative competence of the Assembly;

(b) a question whether a purported or proposed exercise of a function by a Minister or Northern Ireland department is, or would be, invalid by reason of section 24;

(c) a question whether a Minister or Northern Ireland department has failed to comply with any of the Convention rights, any obligation under Community law or any order under section 27 so far as relating to such an obligation; or

(d) any question arising under this Act about excepted or reserved matters.

2. A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.