Assembly Members (Independent Financial Review and Standards) Act (Northern Ireland) 2011

PART 1 — THE INDEPENDENT REMUNERATION BOARD

Establishment and functions

Establishment and membership of the Panel

1

• (1) There shall be a body known as the Independent Remuneration Board.

• (2) The members of the Board are the Chair and two other members.

Functions of the Panel

2

• (1) The functions of the Board are to make determinations as to—

• (a) the salaries ... payable to members of the Assembly under section 47 of the 1998 Act; and

• (b) the pensions and gratuities payable under section 48 of that Act.

• (2) The Board shall exercise its functions with a view to achieving the objectives of—

• (a) ensuring probity, accountability and value for money with respect to the expenditure of public funds;

• (b) securing for members of the Assembly a level of remuneration which—

• (i) fairly reflects the complexity and importance of their functions as members of the Assembly; and

• (ii) does not, on financial grounds, deter people with the necessary commitment and ability from seeking election to the Assembly; ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) In exercising its function under subsection (1)(a), the Board must have regard to the salaries payable to members of—

• (a) the House of Commons;

• (b) the Scottish Parliament;

• (c) Senedd Cymru (the Welsh Parliament); and

• (d) Dáil Éireann (the House of Representatives of Ireland) and Seanad Éireann (the Senate of Ireland).

• (3) The Board shall keep under review the extent to which, having regard to—

• (a) experience gained from the operation of its determinations,

• (b) changes in the functions of members of the Assembly, and

• (c) any other relevant circumstances,

its determinations appear to be achieving the objectives in subsection (2).

• (4) The Board may consider any other matter which is relevant to the discharge of its functions, either on its own initiative or at the written request of the Commission.

Independent status

Independence and openness

3

• (1) The Board shall not, in the exercise of its functions, be subject to the direction or control of—

• (a) the Assembly; or

• (b) the Commission.

• (2) A Board member is not a member of the staff of the Assembly.

• (3) The Board shall—

• (a) act in such a manner that its decisions and its reasons for those decisions are readily ascertainable;

• (b) publish such information as will enable the public to be kept informed about its activities.

• (4) Subsection (3) does not prevent the Board from—

• (a) considering a matter in private,

• (b) maintaining the privacy of its consideration of that matter, or

• (c) refraining from publishing material relating to that matter,

if, in the opinion of the Board, the nature of that matter makes it appropriate to do so.

Appointments, etc.

Appointments to the Panel

4

• (1) The Chair and other Board members shall be appointed by the Commission.

• (2) Each appointment shall be for a term of 5 years from the date of the appointment.

• (3) A person may not be appointed to be a Board member if that person has already been appointed to be a Board member on two occasions.

• (4) At any one time no more than one Board member may be a former member of the Assembly.

Disqualification from membership of the Panel

5

• (1) Schedule 1 makes provision as to the persons who are disqualified from being appointed or serving as Board members.

• (2) The Commission may by order amend Schedule 1.

• (3) An order under this section shall not be made unless a draft of the order has been laid before and approved by resolution of the Assembly.

Termination of membership of the Panel

6

• (1) The appointment of a person as a Board member ceases—

• (a) on the expiry of the term for which that person was appointed;

• (b) if that person resigns by giving notice in writing to the Commission;

• (c) if that person becomes disqualified from being a Board member; or

• (d) if the Commission dismisses that person under subsection (2).

• (2) The Commission may dismiss a person from office as a Board member if it is satisfied that—

• (a) the person has been convicted of a criminal offence;

• (b) the person has become bankrupt or is the subject of a bankruptcy restrictions order or has had a debt relief order made in respect of them or is the subject of a debt relief restrictions order or made an arrangement or composition with the person's creditors;

• (c) the person has without reasonable excuse failed to discharge the functions of a Board member for a continuous period of 3 months beginning not earlier than 6 months before the day of dismissal;

• (d) the person is unfit or unable to carry out those functions.

Code of conduct for Panel members

7

• (1) The Board shall issue a code of conduct for its members.

• (2) The code of conduct shall in particular—

• (a) incorporate the Nolan principles or such other similar principles as may be adopted by the Board from time to time; and

• (b) include provision about the disclosure of interests by Board members.

• (3) The Board shall keep the code of conduct under review.

• (4) In this section “the Nolan principles” means the 7 general principles of public life set out in the First Report of the Committee on Standards in Public Life (Cm 2850).

Administration and finance

8

Schedule 2 makes administrative and financial provision about the Board.

Annual report

9

The Board shall, as soon as practicable after the end of each financial year, provide to the Commission a report on the performance of its functions, including the use of resources, during that financial year.

Procedure

Meetings of the Panel

10

• (1) Subject to section 11, the Board shall determine its own procedure and when it is to meet.

• (2) The validity of the Board’s proceedings and determinations shall not be affected by—

• (a) a vacancy among the Board members; or

• (b) a defect in the appointment of any Board member.

Determinations

Exercise of functions

11

• (1) Subject to subsection (3), the Board shall make the determinations referred to in section 2(1) only once in respect of each Assembly.

• (2) Subject to subsection (3), the Board shall not make the determinations referred to in section 2(1) in respect of an Assembly if the date of the poll for the election of that Assembly—

• (a) was directed under section 32(4) of the 1998 Act; and

• (b) occurs within one year of the date of the poll for the election of the immediately preceding Assembly.

• (3) If at any time the Board is of the opinion that it is reasonable and appropriate—

• (a) for a determination relating to pensions to be made, the Board may make such a determination;

• (b) that due to exceptional circumstances the restriction in subsection (1) or (2) should not apply, the Board may make determinations—

• (i) more than once in respect of each Assembly,

• (ii) in respect of such an Assembly as is described in subsection (2),

as the case may be.

• (4) Subject to subsection (6), the Board shall, so far as reasonably practicable, make the determinations referred to in section 2(1) at least 6 months before the date of the poll for the election of the Assembly in respect of which the determination is made.

• (5) The Board shall, as soon as reasonably practicable after its establishment, make the determinations referred to in section 2(1) in respect of the Assembly existing at that time.

• (5A) Before making a determination under section 2(1) the Board shall—

• (a) publish a draft determination;

• (b) consult the following on the draft—

• (i) members of the Assembly;

• (ii) the Commission;

• (iii) the trustees of any pension scheme established in accordance with a previous determination and still in operation; and

• (iv) any other persons the Board thinks appropriate.

• (6) Any determination made under section 2(1) shall have the effect (whether or not expressly so provided) of revoking any determination or provision—

• (a) made under section 47 or 48 of the 1998 Act before the coming into operation of this Part; and

• (b) relating to the same subject-matter as the determination made under section 2(1).

• (7) Every determination made by the Board shall state the date from which it is to have effect (which may be a date before the date of the determination) and shall continue in effect until revoked by a subsequent determination relating to the same subject-matter.

• (8) For the purposes of subsection (3)(b), the occurrence of an election for which the poll is directed under section 32(4) of the 1998 Act does not in itself give rise to exceptional circumstances.

• (8A) Before forming such an opinion as is referred to in subsection (3)(b), the Board must consult the Commission.

• (9) If the Board forms such an opinion as is referred to in subsection (3), it shall—

• (a) state in writing its reasons for having done so, and

• (b) communicate that statement to the Commission,

at the same time as it communicates to the Commission the determination to which the statement relates.

• (10) The Commission shall publish any statement made under subsection (9) as if it were a determination.

Contents of determinations: salaries and allowances

12

• (1) This section applies to any determination made under section 2(1)(a).

• (2) A determination to which this section applies may make different provision for different cases (for example, provision for higher salaries to be payable to Ministers or other office holders).

• (3) A determination to which this section applies shall ensure that, if a salary is payable to a member of the Assembly (“M”) as a member of the House of Lords or as a member of the European Parliament—

• (a) if M does not hold an office within subsection (6), no salary is payable to M under section 47 of the 1998 Act;

• (b) if M holds an office within subsection (6), the salary which would otherwise be payable to M under section 47 of the 1998 Act is reduced by the appropriate amount.

• (4) For the purposes of subsection (3), the appropriate amount is the amount of the salary payable under section 47 of the 1998 Act to members of the Assembly generally.

• (5) For the purposes of this section—

• (a) a person's membership of the Assembly begins on the day on which the person takes his or her seat in accordance with standing orders; and

• (b) a person's holding of an office within subsection (6) begins on the day on which the person takes up office.

• (6) An office is within this subsection if the salary payable under section 47 of the 1998 Act to a member of the Assembly holding the office is higher than the salary payable under that section to members of the Assembly generally.

• (7) For the purposes of this section, a person who is a member of the Assembly immediately before the Assembly is dissolved shall be treated—

• (a) if the person continues to hold office as a Minister or junior Minister, as Presiding Officer or deputy or as a member of the Commission, as if the person were a member of the Assembly until the end of the day on which he or she ceases to hold the office; and

• (b) if the person does not fall within paragraph (a) but is nominated as a candidate at the subsequent general election, as if the person were a member of the Assembly until the end of the day of the poll for that election.

• (8) In this section—

• “deputy”, in relation to the Presiding Officer, means any deputy Presiding Officer elected under section 39 of the 1998 Act;

• “junior Minister” means a person appointed as a junior Minister under section 19 of the 1998 Act;

• “Minister” has the meaning given by section 7(3) of the 1998 Act.

Contents of determinations: pensions, gratuities and allowances

13

• (1) This section applies to any determination made under section 2(1)(b).

• (2) A determination to which this section applies may include provision for—

• (a) contributions or payments towards provision for pensions or gratuities;

• (b) the establishment and administration (whether by the Commission or otherwise) of one or more pension schemes.

• (3) Where any salary payable to a person under section 47 of the 1998 Act is not payable because of either or both of sections 47A and 47B of that Act, any provision made under this section for the payment of pensions which has effect in relation to that person shall apply as if the salary were payable.

Availability of determinations

14

• (1) Every determination made by the Board under this Part shall be in writing.

• (2) As soon as reasonably practicable after any determination has been made—

• (a) the Board shall communicate the determination to the Commission; and

• (b) the Commission shall publish the determination in full.

Miscellaneous

Meaning of “the Panel”

15

In this Part “the Board” means the Independent Remuneration Board established by section 1(1).

PART 2 — THE NORTHERN IRELAND ASSEMBLY COMMISSIONER FOR STANDARDS

Establishment and functions

Establishment of the Commissioner

16

• (1) There shall be a Northern Ireland Assembly Commissioner for Standards.

• (2) The person for the time being holding office as Northern Ireland Assembly Commissioner for Standards shall be, by the name of that office, a corporation sole.

Functions of the Commissioner

17

• (1) The functions of the Commissioner are—

• (a) where a person has made a complaint or referral to which subsection (2) applies, to investigate the complaint or referral in accordance with the provisions of this Part, provided the Commissioner is satisfied in the case of a complaint that it is not frivolous or vexatious or otherwise an abuse of the complaints process;

• (b) to initiate an investigation in accordance with the provisions of this Part if the Commissioner believes that, at a relevant time, a breach of the Code of Conduct or the Ministerial Code, or both, may have occurred;

• (c) to report to the Assembly on the outcome of any investigation under this section; and

• (d) on the Commissioner's own initiative, or if requested by the Assembly, to give advice on any matter of general principle relating to standards of conduct of members of the Assembly including Ministers.

• (2) This subsection applies to—

• (a) a complaint to the Commissioner that, at a relevant time, a breach of the Code of Conduct or the Ministerial Code, or both, has occurred;

• (b) a referral to the Commissioner made by any person specified in the standing orders as being a person who may make referrals in relation to any matter specified in the standing orders as being a matter in respect of which the Commissioner must carry out an investigation.

• (3) In this section—

• “the Code of Conduct” means—any code of conduct for members of the Assembly, andany guide to the rules relating to the conduct of members of the Assembly,which has been agreed to by the Assembly; and

• the Ministerial Code” means the Ministerial Code of Conduct set out in Schedule 4 to the 1998 Act;

• a “relevant time” means a time (whether before or after this section comes into operation) when a requirement to comply with the Code of Conduct or the Ministerial Code, or both, was in force.

Independent status

Independence of the Commissioner

18

• (1) Subject to section 24, the Commissioner shall not, in the exercise of any function, be subject to the direction or control of the Assembly.

• (2) The Commissioner is not a member of the staff of the Assembly.

Appointment, etc.

Appointment of the Commissioner

19

• (1) The Commissioner shall be appointed by resolution of the Assembly.

• (2) The Commissioner shall be appointed for a term of 5 years.

• (3) A person may not be appointed as the Commissioner if that person has already held office as the Commissioner.

• (4) The Assembly shall make arrangements for—

• (a) ensuring that any person to be appointed as Commissioner has been identified by fair and open competition;

• (b) determining any criteria for appointment; and

• (c) determining the terms and conditions on which such appointment, when made, is to have effect.

• (5) The Assembly may delegate to the Commission any of the functions referred to in subsection (4).

Disqualification from being appointed or serving as the Commissioner

20

• (1) Schedule 3 makes provision as to the persons who are disqualified from being appointed or serving as the Commissioner.

• (2) The Commission may by order amend Schedule 3.

• (3) An order under this section shall not be made unless a draft of the order has been laid before and approved by resolution of the Assembly.

Termination of the Commissioner's appointment

21

• (1) The appointment of a person as Commissioner ceases—

• (a) on the expiry of the term for which that person was appointed;

• (b) if that person resigns by giving notice in writing to the Presiding Officer;

• (c) if that person becomes disqualified from serving as the Commissioner; or

• (d) if the Assembly dismisses that person under subsection (2).

• (2) The Assembly may by resolution dismiss a person from office as the Commissioner.