Northern Ireland Act 1998
Encyclopedia
The Northern Ireland Act 1998 (c.47) is an Act
of the Parliament of the United Kingdom
which established a devolved legislature
for Northern Ireland
, the Northern Ireland Assembly
, after decades of direct rule
from Westminster.
It repealed the Government of Ireland Act 1920
, parts of the Northern Ireland Constitution Act 1973
, and established new rules in line with the European Union
and the Northern Ireland peace process
, subsequent to the Belfast Agreement
of 1998.
The Act allows for a devolved Northern Ireland Assembly
of 108 members. Membership of the assembly is subject to a pledge of office, which subjects the member to certain requirements with regard to standards and responsibilities. Northern Ireland remains a part of the United Kingdom until or unless a majority vote in a referendum determines otherwise. The Secretary of State for Northern Ireland
holds the power to call for the referendum if appears likely to him that a majority of the voters would express their desire to become part of a United Ireland. The Assembly has the power of modifying any Act of the British Parliament as far as it "is part of the law of Northern Ireland". They cannot deal, however, with reserved or excepted matters, which are of exclusive competence of the government of the United Kingdom, in consultation with the Republic of Ireland
through the British-Irish Intergovernmental Conference
. The Assembly has been suspended a number of times since 1998, and was re-established on Tuesday 8 May 2007, subsequent to the St Andrews Agreement
of 2006.
Election to the Assembly is by single transferable vote
(STV), a form of proportional representation
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
which established a devolved legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
for Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, the Northern Ireland Assembly
Northern Ireland Assembly
The Northern Ireland Assembly is the devolved legislature of Northern Ireland. It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive...
, after decades of direct rule
Direct Rule
Direct rule was the term given, during the late 20th and early 21st centuries, to the administration of Northern Ireland directly from Westminster, seat of United Kingdom government...
from Westminster.
It repealed the Government of Ireland Act 1920
Government of Ireland Act 1920
The Government of Ireland Act 1920 was the Act of the Parliament of the United Kingdom which partitioned Ireland. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill or as the Fourth Home Rule Act.The Act was intended...
, parts of the Northern Ireland Constitution Act 1973
Northern Ireland Constitution Act 1973
The Northern Ireland Constitution Act 1973 was an Act of the Parliament of the United Kingdom which received the Royal Assent on 18 July 1973...
, and established new rules in line with the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
and the Northern Ireland peace process
Northern Ireland peace process
The peace process, when discussing the history of Northern Ireland, is often considered to cover the events leading up to the 1994 Provisional Irish Republican Army ceasefire, the end of most of the violence of the Troubles, the Belfast Agreement, and subsequent political developments.-Towards a...
, subsequent to the Belfast Agreement
Belfast Agreement
The Good Friday Agreement or Belfast Agreement , sometimes called the Stormont Agreement, was a major political development in the Northern Ireland peace process...
of 1998.
The Act allows for a devolved Northern Ireland Assembly
Northern Ireland Assembly
The Northern Ireland Assembly is the devolved legislature of Northern Ireland. It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive...
of 108 members. Membership of the assembly is subject to a pledge of office, which subjects the member to certain requirements with regard to standards and responsibilities. Northern Ireland remains a part of the United Kingdom until or unless a majority vote in a referendum determines otherwise. The Secretary of State for Northern Ireland
Secretary of State for Northern Ireland
The Secretary of State for Northern Ireland, informally the Northern Ireland Secretary, is the principal secretary of state in the government of the United Kingdom with responsibilities for Northern Ireland. The Secretary of State is a Minister of the Crown who is accountable to the Parliament of...
holds the power to call for the referendum if appears likely to him that a majority of the voters would express their desire to become part of a United Ireland. The Assembly has the power of modifying any Act of the British Parliament as far as it "is part of the law of Northern Ireland". They cannot deal, however, with reserved or excepted matters, which are of exclusive competence of the government of the United Kingdom, in consultation with the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
through the British-Irish Intergovernmental Conference
British-Irish Intergovernmental Conference
The British–Irish Intergovernmental Conference was established under an Agreement between the Governments of Ireland and the United Kingdom made on 8 March 1998. It was provided for under Strand Three of the Belfast Agreement...
. The Assembly has been suspended a number of times since 1998, and was re-established on Tuesday 8 May 2007, subsequent to the St Andrews Agreement
St Andrews Agreement
The St Andrews Agreement was an agreement between the British and Irish Governments and the political parties in relation to the devolution of power to Northern Ireland...
of 2006.
Election to the Assembly is by single transferable vote
Single transferable vote
The single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or...
(STV), a form of proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
.
Further reading
- Walker, Graham. "Scotland, Northern Ireland, and Devolution, 1945–1979," Journal of British Studies Jan. 2010, Vol. 49, No. 1: 117-142.