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Lord Dubs: My Lords, I am grateful for the comments that have been made. On the specific point made by the noble Lord, Lord Molyneaux, I understand that it is not possible to legislate in Northern Ireland in the same way as it is in Great Britain. In Great Britain, under provisions in the Deregulation and Contracting Out Act 1994, the Secretary of State has power to make orders removing or reducing burdens on business. That power does not extend to Northern Ireland.
It had been planned to legislate by a deregulation Northern Ireland Order in Council. However, there was insufficient time to complete all the stages required for a deregulation measure containing a number of different issues before the transfer of power to the Assembly. Consultation took place on draft provisions dealing only with the trade union subscription deduction arrangements with a view to there being an early measure introduced by the Assembly.
Yet again, we have some differences in Northern Ireland, but I think we end up in the same place as in Great Britain. Provisions will be the same and businesses and employees will benefit similarly from this order.
The noble Lord said: My Lords, as a result of the ongoing preparations for the future administration of Northern Ireland, following the Good Friday agreement, today I present the draft Northern Ireland (Modification of Enactments--No.1) Order 1999. This order seeks to modify the law and make other provisions consequent to the Northern Ireland Act 1998.
Essentially, the order makes provision for enactments which require amendment or repeal; transfer to the appropriate authority in Northern Ireland of powers currently vested in the Secretary of State which were historically vested in the Lord Lieutenant and the
I now summarise the main provisions of the order. Article 1 is introductory and deals with the title, commencement and extent of the order. It will come into force on the day appointed for devolution. It applies the provisions of the order to Northern Ireland only, except as it relates to certain provisions of UK-wide enactments and to a provision in a Scottish enactment.
Article 2 gives effect to the amendment of various enactments specified in Schedule 1 to the order. This includes the transfer of powers of the former Governor of Northern Ireland relating to matters in the transferred field and which, during direct rule, are vested in the Secretary of State. Post-devolution these would go to either the First Minister/Deputy First Minister, the relevant departmental minister or the department concerned. Decisions on the level of the authority to exercise these powers have been taken on the basis of the importance, scope and nature of the subject matter.
If I could illustrate by means of examples, it might help to set the provisions in context. The Petroleum (Consolidation) Act (Northern Ireland) 1929 deals with the licensing and safe keeping of petroleum. It gives power to the governor, now transferred to the Secretary of State, to make Orders in Council applying the Act to other substances. The amendment being made would transfer the power to the Department of Enterprise, Trade and Investment, subject to that department's laying an order before the Assembly.
Similarly, in the Public Records Act (Northern Ireland) 1923, which provides for the Public Records Office for Northern Ireland, the governor had certain powers in relation to the printing and publication of records. These powers would now be transferred to the Minister of Culture, Arts and Leisure.
Finally, Article 7 of the Water and Sewerage Services (Northern Ireland) Order 1973 confers a power on the governor to make appointments to the Water Appeals Commission. This power would transfer to the First and Deputy First Ministers acting jointly so that the power is exercised in the transferred field but at a distance from direct responsibility for the service provision. This article also gives effect to repeals to the extent set out in Schedule 2.
Article 3 makes provision for statutory rules in passage when devolution comes into force. As I said, under normal parliamentary procedures such statutory rules are capable of being annulled, either by the Assembly or at Westminster, during that part of the statutory period which falls after devolution. Under Article 3 of the order, such statutory rules would be protected.
If I could set the provision in context, it might be helpful to your Lordships. As far as the Assembly is concerned, technically a statutory rule, which is subject to negative resolution procedure and made before devolution, would be laid before the Assembly. If within
As a matter of constitutional propriety, the Assembly should not be in a position post devolution to annul statutory rules which have been made under direct rule in the period immediately before devolution. It could, of course, revoke the rule in question after devolution by making a new rule if it so wishes. I should explain that this aspect of Article 3 is not new but largely re-enacts provisions contained in the Northern Ireland Act 1974.
Similarly, it would not be appropriate for Westminster to debate a statutory rule on a transferred matter, subject to negative resolution procedure, after devolution. Once again, the rule could be subject to annulment after devolution because the statutory period of 40 days had not expired on devolution day. For these reasons the provisions of Article 3 are necessary.
Article 4 applies the provisions of the Documentary Evidence Act 1868, as amended in 1882, to documents issued under the authority of the First Minister and the Deputy First Minister. This means, in effect, that an official document authorised by the First Minister and the Deputy First Minister acting jointly can be admitted in court proceedings as conclusive evidence of such a document.
Article 5 ensures that any subordinate legislation already made by, or anything done under, the enactments which would be amended by this order will continue to have effect after devolution. It also takes
This order complements the other legislation giving full effect to the new arrangements for the future government of Northern Ireland as a result of the Good Friday agreement and as such is a necessary part of it. I beg to move.
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