Northern Ireland Executive Explained

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Government Name:Northern Ireland Executive
Nativename:Irish: Feidhmeannas Thuaisceart Éireann
Scots: Norlin Airlan Executive
Border:devolved
Date Established:2 December 1999
25 years ago (current form)
Leader Title:First Minister and deputy First Minister (Michelle O'Neill and Emma Little-Pengelly)
Ministries:9[1] (list)
Budget:£14.2 billion (2023)[2]

The Northern Ireland Executive (Irish: Feidhmeannas Thuaisceart Éireann,[3] Ulster Scots: Norlin Airlan Executive[4]) is the devolved government of Northern Ireland, an administrative branch of the legislature – the Northern Ireland Assembly. It is answerable to the assembly and was initially established according to the terms of the Northern Ireland Act 1998, which followed the Good Friday Agreement (or Belfast Agreement). The executive is referred to in the legislation as the Executive Committee of the assembly and is an example of consociationalist ("power-sharing") government.

The Northern Ireland Executive consists of the First Minister and deputy First Minister and various ministers with individual portfolios and remits. The main assembly parties appoint most ministers in the executive, except for the Minister of Justice who is elected by a cross-community vote. It is one of three devolved governments in the United Kingdom, the others being the Scottish and Welsh governments.

In January 2017, the then deputy First Minister Martin McGuinness resigned in protest over the Renewable Heat Incentive scandal and the Northern Ireland Executive consequently collapsed.[5] The governing of Northern Ireland fell to civil servants in a caretaker capacity until January 2020, when the parties signed the New Decade, New Approach agreement and an Executive was subsequently established.[6] When Democratic Unionist Party First Minister Paul Givan resigned in line with his party's protest over the Northern Ireland Protocol, The Northern Ireland Executive collapsed again.[7] No agreement on power-sharing was made after the 2022 Assembly election, and from October 2022 to February 2024, Northern Ireland was governed by civil servants.[8] On 3 February 2024, Sinn Féin's Michelle O'Neill was appointed First Minister, the first Irish nationalist to be appointed to the position,[9] with DUP's Emma Little-Pengelly as deputy First Minister.[10]

Legal basis

The Executive (and the Assembly) were established in law by the Northern Ireland Act 1998 that followed the Good Friday Agreement and its basis was revised by the Northern Ireland (St Andrews Agreement) Act 2006 that followed the St Andrews Agreement of that year.

Ministers

On 9 May 2016,[11] the number of ministries and departments of the Northern Ireland Executive was reduced, leaving the following departments:[12]

At the same time, various departments were renamed as follows:

The following departments were dissolved:

Structure

In contrast with Westminster system cabinets, which generally need only be backed by a majority of legislators, ministerial positions in the Northern Ireland Executive are allocated to parties with significant representation in the Assembly. With the exception of justice, the number of ministries to which each party is entitled is determined by the D'Hondt system.

In effect, major parties cannot be excluded from participation in government and power-sharing is enforced by the system. The form of government is therefore known as mandatory coalition as opposed to voluntary coalition where parties negotiate an agreement to share power. The Democratic Unionist Party (DUP), the Ulster Unionist Party (UUP), the Alliance Party of Northern Ireland and some Social Democratic and Labour Party (SDLP) members favour a move towards voluntary coalition in the longer term but this is currently opposed by Sinn Féin.

The executive cannot function if either of the two largest parties refuse to take part, as these parties are allocated the First Minister and deputy First Minister positions. However, other parties are not required to enter the executive even if they are entitled to do so; instead, they can choose to go into opposition if they wish. There were some calls for the SDLP and the UUP to enter opposition after the 2007 Assembly elections,[13] but ultimately the two parties chose to take the seats in the Executive to which they were entitled.

In 2010, an exception to the D'Hondt system for allocating the number of ministerial portfolios was made under the Hillsborough Castle Agreement to allow the cross-community Alliance Party of Northern Ireland to hold the politically contentious policing and justice brief when most of those powers were devolved to the Assembly. Devolution took place on 12 April 2010.

Under D'Hondt, the SDLP would have been entitled to the extra ministerial seat on the revised Executive created by the devolution of policing and justice. Accordingly, both the UUP and SDLP protested that Alliance was not entitled, under the rules of the Good Friday Agreement, to fill the portfolio and refused to support this move. However, Alliance leader David Ford was elected Minister with the support of the DUP and Sinn Féin.

On 26 August 2015, the UUP announced it would withdraw from the Executive and form an opposition after all, in response to the assassination of Kevin McGuigan.

On 25 May 2016 a new executive was announced (three weeks after assembly election). For the first time in the assembly's history, parties that were entitled to ministries (i.e. UUP, SDLP and Alliance) chose instead to go into opposition following a recent bill providing parties with this choice. This meant that the executive was formed only by the two major parties, the DUP and Sinn Féin, and thus giving them more seats in the Executive (with the exception of the Department of Justice which was given to an Independent Unionist MLA, Claire Sugden, due to this appointment needing cross-community support).[14]

Procedure

The Executive is co-chaired by the First Minister and deputy First Minister. Its official functions are:

Executive meetings are normally held fortnightly, compared to weekly meetings of the British Cabinet and Irish Government. Under the Executive's Ministerial Code, ministers are obliged to:[16]

The Ministerial Code allows any three ministers to request a cross-community vote. The quorum for voting is seven ministers.

The current system of devolution has succeeded long periods of direct rule (1974–1999 and 2002–2007), when the Northern Ireland Civil Service had a considerable influence on government policy. The legislation which established new departments in 1999 affirmed that "the functions of a department shall at all times be exercised subject to the direction and control of the Minister".[17] Ministerial powers can be conferred by an Act of the Assembly[18] and ministers can also exercise executive powers which are vested in the Crown.[19]

Ministers are also subject to several limitations, including the European Convention on Human Rights, European Union law, other international obligations of the UK,[20] a requirement not to discriminate on religious or political grounds,[21] and having no power over reserved and excepted matters (which are held by the United Kingdom Government).[22]

Ministerial decisions can be challenged by a petition of 30 Northern Ireland Assembly members. This action can be taken for alleged breaches of the Ministerial Code and on "matters of public importance". The Speaker of the Assembly must consult political party leaders in the Assembly (who are often also ministers) before deciding whether the subject is a matter of public importance. Successful petitions will then be considered by the Executive.[23]

The number of ministers and their responsibilities can be changed when a department is being established or dissolved. The proposal must be made by the First Minister and the deputy First Minister and be carried by a cross-community vote in the Assembly. The number of departments was initially limited to 10 but this increased to 11 upon the devolution of justice.[24]

Ministers are disqualified from holding office if appointed to the Government of Ireland or as the chairman or deputy chairman of an Oireachtas (Irish Parliament) committee.[25]

Strategies

The Good Friday Agreement states that the Executive will "seek to agree each year, and review as necessary" a Programme for Government incorporating an agreed budget.[15]

The following programmes for government have been published to date:

The following budgets have been published to date:

Under the St Andrews Agreement, the Executive is obliged to adopt strategies on the following policy matters:

The Office of the First Minister and Deputy First Minister published a child poverty strategy in March 2011.[28] The wider anti-poverty strategy was carried over from direct rule in November 2006.[29] As of November 2011, neither an Irish language strategy nor an Ulster Scots strategy had been adopted. The Department of Culture, Arts and Leisure states that a Strategy for Indigenous or Regional Minority Languages "will be presented to the Executive in due course".[30]

History

See main article: List of Northern Ireland Executives.

1974

The original Northern Ireland Executive was established on 1 January 1974, following the Sunningdale Agreement. It comprised a voluntary coalition between the Ulster Unionist Party, Social Democratic and Labour Party and Alliance Party of Northern Ireland, with the UUP's Brian Faulkner in the position of Chief Executive. It was short-lived, collapsing on 28 May 1974 due to the Ulster Workers' Council strike, and the Troubles continued in the absence of a political settlement.

Composition since devolution

Historical composition of the Northern Ireland Executive
Executive (Assembly)DateEventMandatory coalition


Executive Office

Cross-community
appointment: Justice
D'Hondt method allocationVacantTotal Ministerial Offices
FMdFM
UUP (U)SDLP (N)DUP (U)SF (N)APNI (O)
1st E. (1st A.)1 July 1998formationUUPSDLP-33220010
14 October 2002dissolutionVacant1010
2nd E. (3rd A.)8 May 2007formationDUPSF-21430010
12 April 2010devolutionDUPSFAlliance21430011
24 March 2011dissolutionVacant1111
3rd E. (4th A.)16 May 2011formationDUPSFAlliance11431011
resignationDUPSFAllianceR1431111
20 October 2015reallocationDUPSFAlliance R1531011
16 May 2016dissolutionVacant1111
4th E. (5th A.)26 May 2016formationDUPSFInd. (U)RR43008
16 January 2017dissolutionVacant88
5th E. (6th A.)11 Jan 2020formationDUPSFAlliance 1132008
5th E. C (6th A.)3 February 2022collapseVacant Alliance1132008
28 March 2022dissolution[31] Vacant Alliance1132008
5th E. C (7th A.)16 May 2022reallocationVacant Alliance1R33008
27 October 2022expiryVacant 88
6th E. (7th A.)3 Feb 2024formationSFDUPAlliance1023108
C = Caretaker ministers under the New Decade, New Approach agreement; FM, dFM = First and deputy First Minister, each assisted by a junior minister from their respective parties; R = resigned or refused posts entitled to under the D'Hondt method.

1998–2002

The current Executive was provided for in the Belfast Agreement, signed on 10 April 1998. Designates for First Minister and deputy First Minister were appointed on 1 July 1998 by the UUP and SDLP, respectively.[32] A full Executive was nominated on 29 November 1999 and took office on 2 December 1999, comprising the UUP, SDLP, Democratic Unionist Party and Sinn Féin.[33] Devolution was suspended for four periods, during which the departments came under the responsibility of direct rule ministers from the Northern Ireland Office:

The 2002–2007 suspension followed the refusal of the Ulster Unionist Party to share power with Sinn Féin after a high-profile Police Service of Northern Ireland investigation into an alleged Provisional Irish Republican Army spy ring.[42]

2007–2011

The second Executive formed in 2007 was led by the DUP and Sinn Féin, with the UUP and SDLP also securing ministerial roles.[43]

However, the Executive did not meet between 19 June 2008 and 20 November 2008 due to a boycott by Sinn Féin. This took place during a dispute between the DUP and Sinn Féin over the devolution of policing and justice powers.[44] Policing and justice powers were devolved on 12 April 2010, with the new Minister of Justice won by Alliance in a cross-community vote.[45]

2011–2016

Following the Northern Ireland Assembly election held on 5 May 2011, a third Executive was formed on 16 May 2011 with the same five parties represented. Alliance for the first time gained administration of a department under the D'Hondt system, in addition to the Department of Justice.

Peter Robinson of the DUP and Martin McGuinness of Sinn Féin were nominated by their parties and appointed as First Minister and deputy First Minister on 12 May 2011. Traditional Unionist Voice leader Jim Allister opposed the joint appointment.[46] On 16 May 2011, 10 other Executive ministers (with the exception of the Minister of Justice) and two junior ministers were appointed by their political parties. The Minister of Justice was then elected by the Assembly via a cross-community vote.[47]

On 26 August 2015, the UUP withdrew from the Executive in protest over the alleged involvement of members of the Provisional IRA in the murder of Kevin McGuigan Sr.[48] Danny Kennedy MLA's position as Minister for Regional Development was later taken over by the DUP, thereby leaving four Northern Irish parties in the power sharing agreement. On 10 September 2015 Peter Robinson stepped down as First Minister, although he did not officially resign. Arlene Foster took over as acting First Minister.[49] Robinson resumed his duties as First Minister again on 20 October 2015.[50]

Following the signing of the Fresh Start Agreement, Peter Robinson announced his intention to stand down as leader of the DUP and First Minister of Northern Ireland. He subsequently resigned as DUP leader on 18 December 2015, being succeeded by Arlene Foster. Foster then took office as First Minister on 11 January 2016.[51]

2016–2017

The fourth Executive was formed following the May 2016 election. The SDLP, UUP and Alliance Party left the Executive and formed the Official Opposition for the first time. Ministerial positions were proportionally allocated between the DUP and Sinn Féin, with independent unionist Claire Sugden serving as Minister of Justice. The government collapsed on 16 January 2017, after Martin McGuinness resigned in protest over the Renewable Heat Incentive scandal. His resignation sparked a snap election as Sinn Féin refused to re-nominate a deputy First Minister.

In 2018, Arlene Foster stated that the ongoing political deadlock was caused by Sinn Féin's insistence on an Irish Language Act that would grant legal status to the Irish language in Northern Ireland, which Foster's party refuses to allow.[52]

Northern Ireland (Executive Formation) Act 2019

See main article: Northern Ireland (Executive Formation etc) Act 2019. The Northern Ireland (Executive Formation and Exercise of Functions) Act 2019 was passed by the UK parliament on 10 July 2019[53] and became law on 24 July.[54] The main purpose of the bill was to prevent another election and keep Northern Ireland services running in the absence of a functional devolved government. However, two Labour MPs, Conor McGinn and Stella Creasy, added amendments that would legalize same-sex marriage and liberalize abortion law (both devolved issues) if the DUP and Sinn Féin could not come to an agreement before 21 October.

Reformation

See main article: 2024 Northern Ireland Executive Formation. On 11 January 2020, the Executive was re-formed with Arlene Foster as First Minister and Sinn Féin's Michelle O'Neill as deputy First Minister following the New Decade, New Approach agreement. All five parties joined the government; other ministers include Edwin Poots (DUP); Robin Swann (UUP), Nichola Mallon (SDLP), Gordon Lyons (DUP), and Declan Kearney (SF). Alliance Party leader Naomi Long was appointed justice minister. At the first session of the assembly, Foster stated that it was "time for Stormont to move forward". The new speaker of the Assembly was a member of Sinn Féin.[55] The collapse of this Executive led to the 2022 Northern Ireland Assembly election.

On 3 February 2022, Paul Givan resigned as first minister, which automatically resigned Michelle O'Neill as deputy first minister and collapsed the executive of Northern Ireland.[56]

On 30 January 2024, leader of the DUP Jeffrey Donaldson announced that the DUP would restore an executive government on the condition that new legislation was passed by the UK House of Commons.[57]

Executive committee

See main article: List of Northern Ireland Executives.

On 8 May 2024, Conor Murphy stepped down as Minister for the Economy. First Minister Michelle O'Neill said that Deirdre Hargey will serve as an interim Minister for the Economy.

Ministers are assisted by backbench "Assembly private secretaries" (equivalent to parliamentary private secretaries). The non-political Attorney General for Northern Ireland is the chief legal advisor to the Executive, appointed by the First Minister and deputy First Minister, and may also attend Executive meetings.

See also

External links

Notes and References

  1. Web site: Government departments. 9 May 2016. Northern Ireland Executive . 10 February 2024.
  2. Web site: Northern Ireland Secretary announces 2023-24 Budget and contingency plans for governance . Heaton-Harris . Chris . 27 April 2023 . UK Government . 10 February 2024 . The total amount available for NI Executive spending is £14.2 billion; The consequences of addressing the £660million gap in the 2022-23 financial year has meant that £297 million provided from the UK Reserve was due to be repaid from the 2023-24 budget..
  3. Web site: Naisc Northern Ireland Assembly Education Service . 2024-05-16 . education.niassembly.gov.uk.
  4. Web site: Innin Frae the Jynt Secretars .
  5. Web site: 10 January 2017. Martin McGuinness resigns as NI deputy first minister. 7 November 2020. BBC News.
  6. Web site: 12 January 2020. Stormont deal: Arlene Foster and Michelle O'Neill new top NI ministers. 7 November 2020. BBC News.
  7. Web site: Kearney . Vincent . 2022-02-03 . Paul Givan resigns as NI First Minister . 2023-07-25 . RTÉ News.
  8. News: 2022-10-27 . NI election looms as Stormont deadline passes . en-GB . . 2023-07-25.
  9. https://news.sky.co.uk/story/michelle-oneill-appointed-northern-irelands-first-nationalist-first-minister-in-historic-moment-13062780
  10. News: Stormont: Michelle O'Neill makes history as nationalist first minister . BBC News . 3 February 2024 .
  11. Web site: The Departments (2016 Act) (Commencement) Order (Northern Ireland) 2016. legislation.gov.uk. 1 May 2016.
  12. Web site: Departments Act (Northern Ireland) 2016. 29 February 2016. legislation.gov.uk.
  13. News: William. Scholes. UUP and SDLP rule out suggestions of forming opposition. Reprint. The Irish News. 10 March 2007. 3 April 2007.
  14. News: Stormont: New NI power-sharing executive formed. BBC News . 25 May 2016 . 2016-05-25.
  15. http://www.legislation.gov.uk/ukpga/1998/47/section/20 "Section 20, Northern Ireland Act 1998"
  16. http://www.northernireland.gov.uk/index/work-of-the-executive/ministerial-code.htm "Northern Ireland Executive Ministerial Code"
  17. http://www.legislation.gov.uk/nisi/1999/283/article/4 "Article 4, The Departments (Northern Ireland) Order 1999"
  18. http://www.legislation.gov.uk/ukpga/1998/47/section/22 "Section 22, Northern Ireland Act 1998"
  19. http://www.legislation.gov.uk/ukpga/1998/47/section/23 "Section 23, Northern Ireland Act 1998"
  20. http://www.legislation.gov.uk/ukpga/1998/47/section/26 "Section 26, Northern Ireland Act 1998"
  21. http://www.legislation.gov.uk/ukpga/1998/47/section/24 "Section 24, Northern Ireland Act 1998"
  22. http://www.legislation.gov.uk/ukpga/1998/47/section/25 "Section 25, Northern Ireland Act 1998"
  23. http://www.legislation.gov.uk/ukpga/1998/47/section/28B "Section 28B, Northern Ireland Act 1998"
  24. http://www.legislation.gov.uk/ukpga/1998/47/section/17 "Section 17, Northern Ireland Act 1998"
  25. http://www.legislation.gov.uk/ukpga/1998/47/section/19A "Section 19A, Northern Ireland Act 1998"
  26. http://www.legislation.gov.uk/ukpga/1998/47/section/28D "Section 28D, Northern Ireland Act 1998"
  27. http://www.legislation.gov.uk/ukpga/1998/47/section/28E "Section 28E, Northern Ireland Act 1998"
  28. Web site: Improving Children's Life Chances. Office of the First Minister and Deputy First Minister. 11 November 2011. 22 March 2011.
  29. Web site: Lifetime Opportunities. Office of the First Minister and Deputy First Minister. 11 November 2011. 13 November 2006.
  30. Web site: Language/Cultural Diversity. Department of Culture, Arts and Leisure. 11 November 2011. dead. https://web.archive.org/web/20111025002023/http://www.dcalni.gov.uk/index/language-cultural-diversity-r08.htm. 25 October 2011.
  31. Web site: The Northern Ireland Assembly is now dissolved. But what does that mean? . 2024-01-30 . Assembly Round Up - Official blog from the Northern Ireland Assembly.
  32. Web site: First Minister (Designate) and Deputy. Official Report. Northern Ireland Assembly. 25 October 2011. 1 July 1998. dead. https://web.archive.org/web/20101216033032/http://www.niassembly.gov.uk/record/reports/980701.htm#4. 16 December 2010.
  33. Web site: Nomination of Ministers (Designate). Official Report. Northern Ireland Assembly. 25 October 2011. 29 November 1999. https://web.archive.org/web/20110829135148/http://www.niassembly.gov.uk/record/reports/991129c.htm#4. 29 August 2011. dead.
  34. Web site: The Northern Ireland Act 2000 (Commencement) Order 2000. legislation.gov.uk.
  35. Web site: The Northern Ireland Act 2000 (Restoration of Devolved Government) Order 2000. legislation.gov.uk.
  36. Web site: The Northern Ireland Act 2000 (Suspension of Devolved Government) Order 2001. legislation.gov.uk.
  37. Web site: The Northern Ireland Act 2000 (Restoration of Devolved Government) Order 2001. legislation.gov.uk.
  38. Web site: The Northern Ireland Act 2000 (Suspension of Devolved Government) (No.2) Order 2001. legislation.gov.uk.
  39. Web site: The Northern Ireland Act 2000 (Restoration of Devolved Government) (No.2) Order 2001. legislation.gov.uk.
  40. Web site: The Northern Ireland Act 2000 (Suspension of Devolved Government) Order 2002. legislation.gov.uk.
  41. Web site: The Northern Ireland Act 2000 (Restoration of Devolved Government) Order 2007. legislation.gov.uk.
  42. News: Staff . Reid set to suspend Assembly. 27 July 2012 . 14 October 2002. BBC News.
  43. Web site: Affirmation of the Terms of the Pledge of Office – First Minister (Designate) and Deputy First Minister (Designate), Appointment of Ministers & Appointment of Junior Ministers. Official Report. Northern Ireland Assembly. 25 October 2011. 8 May 2007. dead. https://web.archive.org/web/20110829124049/http://www.niassembly.gov.uk/record/reports2007/070508.htm. 29 August 2011.
  44. News: Staff . Water charges deferred for a year. 28 July 2012 . 20 November 2008. BBC News.
  45. Web site: Assembly Business: Minister of Justice. Official Report. Northern Ireland Assembly. 25 October 2011. 12 April 2010. https://web.archive.org/web/20110829122126/http://www.niassembly.gov.uk/record/reports2009/100412.htm. 29 August 2011. dead.
  46. Web site: First Minister and deputy First Minister: Appointment and Pledge of Office. Official Report. Northern Ireland Assembly. 12 May 2011. 31 October 2011. dead. https://web.archive.org/web/20110613192114/http://www.niassembly.gov.uk/record/reports2011/110512.htm#a5. 13 June 2011.
  47. Web site: Appointment of Ministers, Appointment of Junior Ministers & Minister of Justice. Official Report. Northern Ireland Assembly. 31 October 2011. 16 May 2011. https://web.archive.org/web/20110829090952/http://www.niassembly.gov.uk/record/reports2011/110516.htm#a16. 29 August 2011. dead.
  48. News: Ulster Unionist Party intends to leave NI Executive. 2015-08-26. BBC News. en-GB. 2016-09-19.
  49. News: NI first minister Peter Robinson steps aside in Stormont crisis . BBC . 10 September 2015 . 10 September 2015.
  50. News: DUP ministers resume Northern Ireland Executive posts . BBC . 20 October 2015 . 20 October 2015.
  51. News: Arlene Foster: DUP leader becomes new NI first minister. 2016-01-11. BBC News. en-GB. 2016-09-19.
  52. News: Burke . Ceimin . Explainer: What is the Irish Language Act and why is it causing political deadlock in Northern Ireland? . 20 September 2019 . . en.
  53. News: McCormack . Jayne . Northern Ireland bill - what happens next? . 23 September 2019 . . 15 July 2019.
  54. News: McCormack. Jayne . Q&A: Same-sex marriage in Northern Ireland . 23 September 2019 . . 18 August 2019.
  55. News: DUP and Sinn Féin back in top jobs at Stormont . 12 January 2020 . BBC News . 11 January 2020.
  56. Web site: 2022-02-03 . DUP's Paul Givan resigns as Northern Ireland first minister, as Taoiseach brands it 'very damaging move' . 2024-01-30 . Independent.ie . en.
  57. News: 2024-01-30 . DUP executive endorses deal to restore devolution at Stormont . 2024-01-30 . BBC News . en-GB.