Northern Ireland Act 1998 Explained

Short Title:Northern Ireland Act 1998
Type:Act
Parliament:Parliament of the United Kingdom
Long Title:An Act to make new provision for the government of Northern Ireland for the purpose of implementing the agreement reached at multi-party talks on Northern Ireland set out in Command Paper 3883.
Year:1998
Statute Book Chapter:1998 c. 47
Introduced By:Mo Mowlam, Secretary of State for Northern Ireland
Territorial Extent:United Kingdom
Royal Assent:19 November 1998
Amends:Act of Settlement 1701
Status:Amended
Original Text:https://www.legislation.gov.uk/ukpga/1998/47/enacted
Revised Text:https://www.legislation.gov.uk/ukpga/1998/47?timeline=false&view=extent

The Northern Ireland Act 1998 (c. 47) is an act of the Parliament of the United Kingdom which allowed Westminster to devolve power to Northern Ireland, after decades of direct rule.

It renamed the New Northern Ireland Assembly, established by the Northern Ireland (Elections) Act 1998, to the Northern Ireland Assembly.

It repealed parts of the Government of Ireland Act 1920 and Northern Ireland Constitution Act 1973, and established new rules in line with the European Union and the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 it appears likely to them 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".[1] 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.[2] [3] 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.

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Notes and References

  1. "This section does not affect the power of the Parliament of the United Kingdom to make laws for Northern Ireland, but an Act of the Assembly may modify any provision made by or under an Act of Parliament in so far as it is part of the law of Northern Ireland." Northern Ireland Act 1998, Part II, Legislative Powers
  2. Forman, F. N. :Constitutional change in the United Kingdom. University College, London. Constitution Unit. Routledge, 2002, p. 71.
  3. Aughey, Arthur: The politics of Northern Ireland: beyond the Belfast Agreement. Routledge, 2005, p. 92.