Everything about The Northern Ireland Constitution Act 1973 totally explained
The
Northern Ireland Constitution Act 1973 (c. 36) was an
Act of the
Parliament of the United Kingdom which received the
Royal Assent on
July 18 1973. The Act abolished the suspended
Parliament of Northern Ireland and the post of
Governor and made provision for a
devolved administration consisting of an
Executive chosen by the new
Northern Ireland Assembly devised under the
Sunningdale Agreement; 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"
Section 1 of the Act reiterated a commitment on Northern Ireland's status that had first appeared in a slightly different form in the UK's
Ireland Act 1949:
It is hereby declared that Northern Ireland remains part of Her Majesty's dominions and of the United Kingdom, and it's 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
March 9 1983. If the result of that or any future referendum meant that Northern Ireland remained part of the United Kingdom, the next referendum couldn't 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 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[inga] person or [a] class [ofpersons] 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, which had been indefinitely suspended on
March 30 1972 by the
Northern Ireland (Temporary Provisions) Act 1972 was now permanently abolished. Its staff were transferred to work for the new Assembly.
The office of
Governor of Northern Ireland 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. Responsibility for appointing (or removing) the
Director of Public Prosecutions for Northern Ireland was given to the
Attorney General for Northern Ireland (which office was now attached to that of the
Attorney General for England and Wales).
Devolution
Devolution was only to come into effect if an Executive (
government) 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 wasn't 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 Executive
The
Northern Ireland Executive 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 (or make an
affirmation):
I swear by Almighty God [orI affirm] that I'll 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.
Sources
Northern Ireland Constitution Act 1973 [c.36]Further Information
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