Northern Ireland (Miscellaneous Provisions) Act 2014

Donations and loans etc for political purposes

Donations

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• (1) In the Northern Ireland (Miscellaneous Provisions) Act 2006—

• (a) for section 14 (modifications of the Political Parties, Elections and Referendums Act 2000 to have effect during a prescribed period) substitute—

(14) Schedule 1 contains amendments of the 2000 Act relating to donations received by Northern Ireland recipients.

;

• (b) in Schedule 1, in the heading, for “Modifications” substitute “ Amendments ”.

• (2) After section 15 of that Act insert—

(15A) (1) The Secretary of State may, after consulting the Electoral Commission, by order— (a) make provision permitting or requiring the Electoral Commission to publish information about donations received by Northern Ireland recipients, or (b) make other provision for the purpose of increasing transparency in relation to such donations. (2) Provision made under this section may— (a) amend, repeal or modify any enactment connected with donations for political purposes (including in particular any of the provisions inserted into the 2000 Act by Schedule 1); (b) include consequential, supplementary, incidental, transitional, transitory or saving provision. (3) Provision made under this section may apply in relation to donations received at any time on or after 1 November 2007. (4) The power to make an order under this section is exercisable by statutory instrument. (5) No order is to be made under this section unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament. (6) For the purposes of this section and section 15B— (a) “donation” has the same meaning as in Part 4 of the 2000 Act (see section 50 of that Act); (b) the time at which a donation is received is to be determined in the same way as for the purposes of that Part; (c) “Northern Ireland recipient” has the same meaning as in Chapter 6 of that Part (see section 71A of that Act). (7) Section 15B imposes limits on the provision that may be made under this section. (15B) (1) The provision that may be made by order under section 15A does not include provision which— (a) alters the effect of section 71E of the 2000 Act (duty not to disclose contents of donation reports) in relation to the disclosure of protected information, (b) reduces the maximum penalty for an offence under that section committed in relation to the disclosure of protected information, or (c) gives a person a right to obtain protected information contained in a register kept by the Commission under that Act. (2) “Protected information” means information— (a) which relates to a donation received before 1 January 2014, and (b) which identifies the donor or from which it is possible to identify the donor. (3) The references in subsection (1) to section 71E of the 2000 Act and to the maximum penalty for an offence under that section are to that section and maximum penalty as they have effect at the time at which the order under section 15A is made.

• (3) In section 71E of the Political Parties, Elections and Referendums Act 2000 (duty not to disclose contents of donation reports), after subsection (4) insert—

(4A) Such information may be disclosed if the Commission believe, on reasonable grounds, that— (a) the relevant person has consented to the disclosure, and (b) the consent was given in accordance with any prescribed requirements. (4B) “The relevant person” means the person who made the donation to which the information relates.

Loans etc

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• (1) In the Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008 (S.I. 2008/1319)—

• (a) for article 5 (modifications of the Political Parties, Elections and Referendums Act 2000 to have effect during a prescribed period) substitute—

(5) Schedule 1 contains amendments of the 2000 Act relating to loans etc involving Northern Ireland participants.

;

• (b) in Schedule 1, in the heading, for “Modifications” substitute “ Amendments ”.

• (2) In section 71Z4 of the Political Parties, Elections and Referendums Act 2000 (duty not to disclose contents of transaction reports), after subsection (4) insert—

(4A) Such information may be disclosed if the Commission believe, on reasonable grounds, that— (a) each relevant person has consented to the disclosure, and (b) the consent was given in accordance with any prescribed requirements. (4B) “Relevant person” means a party to the transaction to which the information relates other than— (a) a registered party whose treasurer is required under this Part to prepare a report to the Commission giving details of the transaction, or (b) any other party to the transaction who is required under this Part to prepare such a report.

• (3) In section 63 of the Electoral Administration Act 2006 (power to make provision for regulation of loans etc: Northern Ireland), after subsection (7) insert—

(8) For the purposes of this section, section 1(3) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (which amends section 71E of the 2000 Act) is treated as provision made by the 2006 Act.

Northern Ireland Assembly

MPs to be disqualified for membership of Assembly

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• (1) In section 1(1) of the Northern Ireland Assembly Disqualification Act 1975 (disqualification of holders of certain offices etc), before paragraph (a) insert—

(za) is a member of the House of Commons;

.

• (2) After section 1 of that Act insert—

(1A) (1) A person returned at an election as a member of the Northern Ireland Assembly is not disqualified under section 1(1)(za) at any time in the period of 8 days beginning with the day the person is so returned. (2) Subsection (3) applies where a person— (a) is returned at an election as a member of the Northern Ireland Assembly, (b) on being so returned is a candidate for election to the House of Commons, and (c) is subsequently returned at that election as a member of that House. (3) The person is not disqualified under section 1(1)(za) at any time in the period of 8 days beginning with the day the person is returned as a member of the House of Commons. (4) A person is a “candidate for election to the House of Commons” if the person's nomination paper for election as a member of the House of Commons has been delivered to the returning officer under rule 6 of Schedule 1 to the Representation of the People Act 1983 (parliamentary election rules).

• (3) In section 37(1) of the Northern Ireland Act 1998 (effect of disqualification)—

• (a) in paragraph (a), after “by virtue of” insert “ the Northern Ireland Assembly Disqualification Act 1975 or ”;

• (b) in paragraph (b), after “by virtue of” insert “ that Act or ”.

• (4) In section 47(4) of that Act (remuneration of members), for “either House of Parliament” substitute “ the House of Lords ”.

Members of the Dáil Éireann to be disqualified for membership of Assembly

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• (1) In section 1(1) of the Northern Ireland Assembly Disqualification Act 1975 (disqualification of holders of certain offices etc), before paragraph (e) insert—

(db) is a member of the Dàil Èireann (House of Representatives of Ireland);

.

• (2) After section 1A of that Act (as inserted by section 3) insert—

(1B) A person returned at an election as a member of the Northern Ireland Assembly is not disqualified under section 1(1)(db) at any time in the period of 8 days beginning with the day the person is so returned.

Statements by prospective members of Assembly

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• (1) The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599) is amended as follows.

• (2) In article 6 (vacancies filled by substitutes)—

• (a) in paragraph (2), for the words from “state in writing” to the end substitute “ make a statement of readiness ”;

• (b) in paragraph (3)—

• (i) in sub-paragraph (a)(ii), for the words from “in writing” to “Assembly” substitute “ of readiness ”;

• (ii) in sub-paragraph (b), for “is not willing or able to be so returned” substitute “ will not make a statement of readiness, ”;

• (c) in paragraph (4)—

• (i) for “states in writing” substitute “ makes a statement of readiness ”;

• (ii) omit “that he is willing and able to be returned as a member of the Assembly”;

• (d) in paragraph (5)—

• (i) in the opening words: after “a statement” insert “ of readiness ”; and omit “that he is willing and able to be returned as a member of the Assembly”;

• (ii) in sub-paragraph (a), for “is not willing and able to be so returned” substitute “ will not make a statement of readiness ”;

• (iii) in sub-paragraph (b), for “in writing that he is willing and able to be so returned” substitute “ of readiness ”;

• (e) after paragraph (6) insert—

(7) In this article and article 6B “statement of readiness” means a statement in writing by a person (“P”)— (a) that P is willing and able to be returned as a member of the Assembly, (b) that P is aware of the provisions of the Northern Ireland Assembly Disqualification Act 1975 and section 36 of the Northern Ireland Act 1998, and (c) that P is, to the best of P's knowledge and belief, not disqualified for membership of the Assembly.

• (3) In article 6B (vacancies arising during an Assembly term: members of registered parties)—

• (a) in paragraph (3), for the words “in writing” to the end substitute

with— (a) a statement of readiness, or (b) a statement in writing that he will not make a statement of readiness.

;

• (b) for paragraph (4)(a) and (b) substitute—

(a) does not respond within such period as the Officer considers reasonable with a statement of the kind mentioned in paragraph (3)(a) or (b), or (b) responds within such a period with a statement of the kind mentioned in paragraph (3)(b).

;

• (c) in paragraph (6), for the words from “does” to “Assembly” substitute “ responds within such period as the Officer considers reasonable with a statement of the kind mentioned in paragraph (3)(a) ”.

• (4) Schedule 1 (application with modifications of provisions of the Representation of the People Act 1983 etc) is amended as follows.

• (5) In the entry for section 65A (false statements in nomination papers etc), in the second column, insert

For subsection (1B)(c) substitute— (c) that he is, to the best of his knowledge and belief, not disqualified for membership of the Assembly, or (d) that he is, to the best of his knowledge and belief, disqualified for membership of the Assembly only under section 1(1)(za) or (db) of the Northern Ireland Assembly Disqualification Act 1975 (disqualification of MPs or members of the Dàil Èireann).”.

• (6) In the entry for rule 8 of the parliamentary elections rules (consent to nomination), in the second column, for the first sentence substitute

For paragraph (3)(b) substitute— (b) shall state that he is aware of the provisions of the Northern Ireland Assembly Disqualification Act 1975 and section 36 of the Northern Ireland Act 1998; and (ba) shall state either— (i) that he is, to the best of his knowledge and belief, not disqualified for membership of the Assembly, or (ii) that he is, to the best of his knowledge and belief, disqualified for membership of the Assembly only under section 1(1)(za) or (db) of the Northern Ireland Assembly Disqualification Act 1975 (disqualification of MPs or members of the Dàil Èireann); and”.

Reduction in size of Assembly to be reserved matter

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• (1) The Northern Ireland Act 1998 is amended as follows.

• (2) In Schedule 3 (reserved matters), after paragraph 7 insert—

(7A) The alteration of the number of members of the Assembly returned for each constituency. This paragraph does not include— (a) the alteration of that number to a number lower than five or higher than six, or (b) the provision of different numbers for different constituencies.

• (3) After section 7 insert—

(7A) (1) The Assembly shall not pass a relevant Bill without cross-community support. (2) In this section— - “pass”, in relation to a Bill, means pass at the stage in the Assembly's proceedings at which the Bill falls finally to be passed or rejected; - “relevant Bill” means a Bill containing a provision which deals with a matter falling within a description specified in paragraph 7A of Schedule 3 (size of Assembly).

• (4) In section 14 (submission by Secretary of State), after subsection (3) insert—

(3A) The Secretary of State shall not submit a Bill for Royal Assent if the Assembly has passed the Bill in contravention of section 7A (cross-community support required for Bill altering size of Assembly).

• (5) In section 53(3)(b) (agreements etc by person participating in Councils), after “section” insert “ 7A, ”.

Extension of term of Assembly

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• (1) In section 31(1) of the Northern Ireland Act 1998 (dates of elections and dissolutions), for “fourth” substitute “ fifth ”.

• (2) The amendment made by subsection (1) has effect in relation to the determination of the date of the poll for the election of the Assembly next following the Assembly elected at the poll on 5 May 2011 (as well as its successors).

Justice Minister

Appointment of Justice Minister

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• (1) Part 1A of Schedule 4A to the Northern Ireland Act 1998 (department with policing and justice functions) is amended as follows.

• (2) For paragraph 3B (modification of section 16A) substitute—

(3B) Section 16A(3) has effect as if, for paragraph (b) (and the word “and” before it) there were substituted— (aa) once those offices have been filled, the relevant Ministerial office (within the meaning of Part 1A of Schedule 4A) shall be filled by applying paragraph 3D(4) to (8) of that Schedule; and (b) once that office has been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).

• (3) In paragraph 3C (section 18 not to apply to relevant Minister)—

• (a) the existing provision becomes sub-paragraph (1);

• (b) after that sub-paragraph insert—

(2) But the reference to Ministerial offices in subsection (5) of that section (in the definition of M) shall be taken to include the relevant Ministerial office.

• (4) Paragraph 3D (provisions relating to relevant Minister) is amended in accordance with subsections (5) to (8).

• (5) In sub-paragraph (3), after “after” insert “ section 16B(3) to (7) is applied in relation to the offices of First Minister and deputy First Minister but before ”.

• (6) After sub-paragraph (4) insert—

(4A) But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to the nomination within a period specified in standing orders.

• (7) In sub-paragraph (11)—

• (a) omit the “or” at the end of paragraph (b) and after that paragraph insert—

(ba) where consent to the Minister's nomination was required under sub-paragraph (4A), the Minister is dismissed by the nominating officer of the party and the Presiding Officer is notified of the dismissal, or

;

• (b) at the beginning of paragraph (c) insert “ where consent to the Minister's nomination was not required under sub-paragraph (4A), ”.

• (8) After sub-paragraph (17) insert—

(18) In this paragraph and paragraph 3E “nominating officer” has the same meaning as in section 18.

Reappointment of other Northern Ireland Ministers in certain cases

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In Part 1A of Schedule 4A to the Northern Ireland Act 1998 (department with policing and justice functions), after paragraph 3D insert—

(3E) (1) Where the first condition or the second condition is met— (a) all the Northern Ireland Ministers other than the relevant Minister cease to hold office, and (b) those Ministerial offices must be filled by applying section 18(2) to (6) within a period specified in standing orders. (2) The first condition is that— (a) the relevant Minister ceased to hold office by virtue of paragraph 3D(1)(a), and the office was filled by virtue of paragraph 3D(1)(b), (b) paragraph 3D(1) applied because a resolution was passed under section 30(2) which caused no Ministerial office other than the relevant Ministerial office to become vacant, and (c) as a result of the events mentioned in paragraph (a) the total number of Ministerial offices held by members of a political party increased or decreased. (3) The second condition is that— (a) the relevant Minister (“the former Minister”) ceased to hold office otherwise than by virtue of paragraph 3D(1)(a), and the office was filled by virtue of paragraph 3D(14), and (b) as a result of the events mentioned in paragraph (a) the total number of Ministerial offices held by members of a political party increased or decreased. (4) But the second condition is not met where— (a) the former Minister ceased to hold office by virtue of being dismissed by a nominating officer under paragraph 3D(11)(ba), (b) immediately before the office was filled there was at least one eligible member of the nominating officer's political party, and (c) each such eligible member failed to fill the office for one or other of the following reasons. (5) Those reasons are— (a) that one or more members of the Assembly sought to nominate the eligible member for the office, but consent to the nomination was not given by the nominating officer in accordance with paragraph 3D(4A); (b) that the eligible member was nominated for the office but did not take it up within the period specified in standing orders under paragraph 3D(7)(a). (6) References in this paragraph to an eligible member of a political party are to a member of that party who is also a member of the Assembly, but do not include the former Minister.

Excepted and reserved matters

Civil Service Commissioners for Northern Ireland

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