Northern Ireland Bill — Schedule 1 — The Assembly — 27 Apr 2006 at 17:18

Amendment proposed: No. 6, in page 5, line 20, at end insert-

'Assembly control of Orders in Council

7 Paragraph 2 of the Schedule to the 2000 Act is replaced by-

"Parliamentary and Assembly control of Orders in Council

2(1) Except where sub-paragraph (2) applies, an Order in Council may not be made under paragraph 1(1) unless each of the following conditions is met-

(a) Condition 1 is that a draft of the Order has been referred under section 1(1) of the Northern Ireland Act 2006 to the Assembly;

(b) Condition 2 is that a meeting of the Assembly has taken place at which it has had the opportunity to consider the draft of the Order;

(c) Condition 3 is that the Assembly at that meeting has not expressed by resolution passed with cross-community support its opposition to the draft of the Order;

(d) Condition 4 is that the draft of the Order has been approved by resolution of each House of Parliament.

(2) This sub-paragraph applies where the Order declares that the Secretary of State has advised Her Majesty that because of the urgency of the matter it is necessary to make the Order without meeting any of the conditions in sub-paragraph (1).

(3) Where an Order contains a declaration under sub-paragraph (2) it-

(a) must be laid before Parliament after being made; and

(b) ceases to have effect if it is not approved by a resolution of each House of Parliament before the end of the relevant period.

(4) Where an Order contains a declaration under sub-paragraph (2) it-

(a) must be referred to the Assembly under section 1(1) of the Northern Ireland Act 2006 after being made; and

(b) ceases to have effect if before the end of the relevant period-

(i) the Assembly has not had an opportunity to consider the Order; or

(ii) the Assembly has passed a resolution with cross community support expressing its opposition to the Order.

(5) But sub-paragraphs (3)(b) and (4)(b) do not prejudice-

(a) anything done under the Order before it ceased to have effect; or

(b) the making of a new Order.

(6) In this paragraph-

"the Assembly" means the Assembly referred to in paragraph 1 of Schedule 1 to the Northern Ireland Act 2006; "the relevant period" means the period of 40 days beginning with the date on which the Order is made.'.-[Mark Durkan.]

Question put, That the amendment be made:-

The Committee divided: Ayes 51, Noes 234.

Debate in Parliament | Source |