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Northern Ireland Assembly Reform Act 2017 1

MODEL
HOUSEOFCOMMONS

LORDS BILL 108

BILL
TO

Reform some aspects of the Northern Ireland Assembly; and to emphasise the
importance of integral, existing parts of the Northern Ireland Assembly Act 2016.

B E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:

1 Definitions
(1) The Northern Ireland Assembly Act is defined as the Northern Ireland Assembly
Act 2016.
(2) A community is defined as one of the three groupings of members of the
Legislative Assembly, namely
(3) A petition of concern is defined as the petition used by the communities of
Northern Ireland to block legislation, as laid out in section 5 of the Northern Ireland
Assembly Act.

2 Repeals
Section 9(5) of the Northern Ireland Assembly Act shall be repealed.

3 Petition of concern
Section 5 of the Northern Ireland Assembly Act becomes
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5 Cross-community support
(1) If a bill or motion is passed in the Northern Ireland Assembly which falls
under the following topics
(a) culture,
(b) language,
(c) heritage,
(d) the constitution,
(e) the Northern Ireland Assembly,
(f) the communities, or
(g) other sensitive topics.
(2) And if two thirds of any single community sign a petition, which is then sent
to the Speaker of the Assembly within five days of the bill or motion passing,
and if the single community holds at least one third of the seats in the
Assembly, then
(a) there shall be a three-day period, commencing immediately after the
petition has been submitted to the Speakership, during which any
member of a different community may challenge the petition on the
grounds that the bill or motion does not fall under any of the topics
listed; but when a petition is challenged, the Speakership shall
determine if the bill or motion falls under one or more of the topics
listed, and
(i) if the Speakership determines the bill or motion to not fall under
any topic listed, the bill or motion shall be passed on for Royal
Assent,
(ii) if the Speakership determines the bill or motion to fall under one
or more of the topics listed, the bill or motion shall be rejected
immediately, and the petition shall be deemed accepted,
(b) if, after the three-day period defined in paragraph (a), there has been no
challenge tot he petition, the bill or motion shall be rejected.
(3) A motion for a border poll shall not be subject to a petition of concern.
(4) Amendments to bills shall not be subject to a petition of concern.
(5) Prior to the end of the five-day petitioning period, a bill or motion may not be
passed on for Royal Assent.

4 Speaker of the Northern Ireland Assembly


(1) For section 9(4) of the Northern Ireland Assembly Act, substitute
(4) If the Speaker fails to meet these criteria in there capacity, or if at least one
third of the Assembly is of the opinion that the Speaker is unfit to serve as
such, the Speaker may be impeached through a vote of no confidence.
(2) After section 9(4) of the Northern Ireland Assembly Act, insert
(4A) A vote of no confidence in the Speaker shall be overseen by the Speaker of
the House of Commons, who may delegate this responsibility to a Deputy
Speaker of the House of Commons or fellow Triumvir.
(3) Sections 8(7), 8(8), and 9(1) of the Northern Ireland Assembly Act shall be enforced
in their entireties by the Speaker of the Assembly or, if the Speaker is unable to do
so, the Speaker of the House of Commons, who may delegate this responsibility to
Northern Ireland Assembly Reform Act 2017 3

a Deputy Speaker of the House of Commons;


And in any case where the sections have not been fully enforced at the beginning of
the current elected term, they shall be enforced immediately for the current term by
the relevant authorities, as per subsection (5), without any votes of no confidence.
(4) After section 9(6)(a) of the Northern Ireland Assembly Act, insert
(b) if the Speaker is unable to vote, they may request the principal Deputy
Speaker vote in their proxy.
(5) After section 9(8) of the Northern Ireland Assembly Act, insert
(9) if the Speaker will be unable to fulfil their duties for a certain period of time,
the principal Deputy Speaker shall be appointed as the Acting Speaker, but
(a) if the period is shorter than 4 weeks, the Acting Speaker shall be
appointed immediately. If the period is longer than four weeks, the
Acting Speaker must pass a vote of confidence, and
(b) if the Acting Speaker fails their vote of confidence, the Speaker may
appoint another Acting Speaker from the other Deputy Speakers.

5 Deputy Speakers of the Northern Ireland Assembly


(1) After section 9(7)(d) of the Northern Ireland Assembly Act, insert
(e) the Speaker may appoint a principal Deputy Speaker, and
(i) if no principal Deputy Speaker is appointed, the current Deputy
Speaker whose vote of confidence was first shall be the principal
Deputy Speaker,
(ii) the principal Deputy Speaker shall serve as the Acting Speaker if the
Speaker is unable to fulfil their duties for a certain period of time,
(iii) the Speaker may delegate any or all of their duties to the principal
Deputy Speaker, and
(iv) the principal Deputy Speaker may not give orders to other Deputy
Speakers, nor are they superior to the other Deputy Speakers.
(2) For section 9(7)(d) of the Northern Ireland Assembly Act, substitute
(d) if a Deputy Speaker is proven to violate paragraph (b) or (c), or is otherwise
determined to be unfit to serve by at least one third of the Assembly, they
may be impeached through a vote of no confidence,
(3) After section 9(7)(e) of the Northern Ireland Assembly Act, insert
(f) a vote of no confidence in a Deputy Speaker shall be overseen by the Speaker
of the Northern Ireland Assembly, who may delegate this responsibility to a
Deputy Speaker of the Assembly.

6 Seat count changes


(1) After section 3(10) of the Northern Ireland Assembly Act, insert
(11) The number of seats to which MLAs may be elected at an upcoming election
may be changed during the term immediately preceding the election.
(12) If the Speakership of the Northern Ireland Assembly wishes to change the
number of available seats, it must put the matter to a vote, which shall pass
with a simple majority, but
(a) no changes may be made within 30 days of the election,
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(b) if no changes are made to the number of seats available, the amount of
seats in the immediately preceding term shall be used for the new term,
and
(c) no changes made may affect the current term.

7 Other devolved assemblies


(1) After section 3(12) of the Northern Ireland Assembly Act, insert
(13) No member of any other devolved assembly, namely
(a) the Scottish Parliament,
(b) the National Assembly for Wales, or
(c) the London Assembly,
shall be allowed to run as a candidate in an election to the Northern Ireland
Assembly.

8 Extent, commencement and short title


(1) This Act extends to Northern Ireland.
(2) This Act commences immediately upon passing.
(3) This Act may be cited as the Northern Ireland Assembly Reform Act 2017.

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