Northern Ireland Constitution Act 1973
Encyclopedia
The Northern Ireland Constitution Act 1973 (c. 36) was an Act
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 received the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...

 on 18 July 1973. The Act abolished the suspended Parliament of Northern Ireland
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...

 and the post of Governor
Governor of Northern Ireland
The Governor of Northern Ireland was the principal officer and representative in Northern Ireland of the British monarch. The office was established on 9 December 1922 and abolished on 18 July 1973.-Overview:...

 and made provision for a devolved
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...

 administration consisting of an Executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...

 chosen by the new Northern Ireland Assembly devised under the Sunningdale Agreement
Sunningdale Agreement
The Sunningdale Agreement was an attempt to establish a power-sharing Northern Ireland Executive and a cross-border Council of Ireland. The Agreement was signed at the Civil Service College in Sunningdale Park located in Sunningdale, Berkshire, on 9 December 1973.Unionist opposition, violence and...

; the Assembly had already been created by the Northern Ireland Assembly Act 1973, passed two months earlier.

"Status of Northern Ireland as part of United Kingdom"

When 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,...

 ceased to be a member of the British Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...

, Westminster
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...

 had responded with the Ireland Act 1949
Ireland Act 1949
The Ireland Act 1949 is a British Act of Parliament that was intended to deal with the consequences of the Republic of Ireland Act 1948 as passed by the Irish parliament...

. Amongst its other provisions, the Act had guaranteed that Northern Ireland would remain a part of the United Kingdom "without the consent of the Parliament of Northern Ireland" (s. 1(2)); this declaration had proven to be controversial both with the Irish government and with Northern Ireland's nationalist community.

The 1973 Act repealed the 1949 guarantee, and restated it (s. 1) in a slightly different form:
It is hereby declared that Northern Ireland remains part of Her Majesty's dominions and of the United Kingdom, and it is hereby affirmed that in no event will Northern Ireland or any part of it cease to be part of Her Majesty's dominions and of the United Kingdom without the consent of the majority of the people of Northern Ireland voting in a poll held for the purposes of this section in accordance with Schedule 1 to this Act.


Schedule 1 provided that no referendum was to be held before 9 March 1983. If the result of that or any future referendum meant that Northern Ireland remained part of the United Kingdom, a subsequent referendum on the issue could not be held for a further ten years.

Attempts to prevent discrimination

Part III of the Act dealt with discrimination "on the ground of religious belief or political opinion." Any existing Act
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 Northern Ireland, any Measure to be passed by the new Assembly, and any secondary legislation was declared to be void if it discriminated against an individual or "class of persons" on the basis of their religious or political beliefs. It was also said to be unlawful for the Executive or a government body to "discriminate, or aid, induce or incite another to discriminate" against someone on the same grounds. Discrimination was defined as "treat[ing a] person or [a] class [of persons] less favourably in any circumstances than other persons are treated in those circumstances by the law for the time being in force in Northern Ireland."

The Standing Advisory Commission on Human Rights (SACHR) was also created.

Abolition of the Parliament, etc

The Parliament of Northern Ireland
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...

, which had been indefinitely suspended on 30 March 1972 by the Northern Ireland (Temporary Provisions) Act 1972
Northern Ireland (Temporary Provisions) Act 1972
The Northern Ireland Act 1972 was an Act of the Parliament of the United Kingdom that introduced direct rule in Northern Ireland with effect from 30 March 1972....

 was now permanently abolished. Its staff were transferred to work for the new Assembly.

The office of Governor of Northern Ireland
Governor of Northern Ireland
The Governor of Northern Ireland was the principal officer and representative in Northern Ireland of the British monarch. The office was established on 9 December 1922 and abolished on 18 July 1973.-Overview:...

 was also abolished. Unlike the position with the Parliament, his duties were not transferred to a new role but were mainly absorbed by 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...

. Responsibility for appointing (or removing) the Director of Public Prosecutions for Northern Ireland
Director of Public Prosecutions for Northern Ireland
The Director of Public Prosecutions is the head of the Public Prosecution Service of Northern Ireland, and is appointed by the Attorney General for Northern Ireland. The current DPP is Sir Alasdair Fraser CB QC.-See also:*Director of Public Prosecutions...

 was given to the Attorney General for Northern Ireland
Attorney General for Northern Ireland
The Attorney General for Northern Ireland is the chief legal adviser to the Northern Ireland Executive for both civil and criminal matters that fall within the devolved powers of the Northern Ireland Assembly....

 (which office was now attached to that of the Attorney General for England and Wales
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...

).

Devolution

Devolution
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...

 was only to come into effect if an Executive (government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...

) could be formed that had the support of the Assembly and that was "likely to be widely accepted throughout the community". The Act listed excepted matters and reserved matters; the former were areas in which the Assembly was not permitted to legislate; the latter were areas which the Secretary of State for Northern Ireland could transfer into the Assembly's power when and if he saw fit.

Excepted matters

  • the monarchy
  • the Westminster parliament
  • international relations (other than dealings 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,...

     in a limited set of fields)
  • certain topics covered by the European Communities Act
    European Communities Act 1972 (UK)
    The European Communities Act 1972 is an Act of the Parliament of the United Kingdom providing for the incorporation of European Community law into the domestic law of the United Kingdom. It is not to be confused with the Irish law of the same name, Act No...

  • the armed forces
    British Armed Forces
    The British Armed Forces are the armed forces of the United Kingdom of Great Britain and Northern Ireland.Also known as Her Majesty's Armed Forces and sometimes legally the Armed Forces of the Crown, the British Armed Forces encompasses three professional uniformed services, the Royal Navy, the...

  • dignities and titles of honour
  • treason
    Treason
    In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...

     and treason felony
  • nationality
    Nationality
    Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....

     and immigration
    Immigration
    Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...

  • pre-existing tax
    Tax
    To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...

    es
  • the appointment or removal of judge
    Judge
    A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

    s
  • elections
  • coinage
    Currency
    In economics, currency refers to a generally accepted medium of exchange. These are usually the coins and banknotes of a particular government, which comprise the physical aspects of a nation's money supply...

     and banknote
    Banknote
    A banknote is a kind of negotiable instrument, a promissory note made by a bank payable to the bearer on demand, used as money, and in many jurisdictions is legal tender. In addition to coins, banknotes make up the cash or bearer forms of all modern fiat money...

    s
  • the National Savings Bank
    National Savings Bank
    National Savings Bank may refer to;*National Savings and Investments of the United Kingdom which was formerly known as the Post Office Savings Bank and National Savings.*National Savings Bank is a state owned savings bank....

  • extraordinary powers for dealing with terrorism
    Terrorism
    Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...

     or "subversion
    Subversion (politics)
    Subversion refers to an attempt to transform the established social order, its structures of power, authority, and hierarchy; examples of such structures include the State. In this context, a "subversive" is sometimes called a "traitor" with respect to the government in-power. A subversive is...

    "

The Executive

The Northern Ireland Executive
Northern Ireland Executive
The Northern Ireland Executive is the executive arm of the Northern Ireland Assembly, the devolved legislature for Northern Ireland. It is answerable to the Assembly and was established according to the terms of the Northern Ireland Act 1998, which followed the Good Friday Agreement...

 was to be headed by a chief executive and was to include a maximum of eleven other members (including the heads of the various government departments). The chief executive was also to be ex-officio Leader of the Assembly.

New members of the Executive were also required to take an oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...

 (or make an affirmation
Affirmation in law
In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath, but is usually taken to avoid the religious implications of an oath...

):
I swear by Almighty God [or I affirm] that I will uphold the laws of Northern Ireland and conscientiously fulfil as a member of the Northern Ireland Executive my duties under the Northern Ireland Constitution Act 1973 in the interests of Northern Ireland and its people.

External links

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