Source · Select Committees · Northern Ireland Affairs Committee
Recommendation 16
16
Rejected
Paragraph: 88
Current nomination process for First and Deputy First Ministers creates instability and veto power.
Conclusion
The change in nomination procedure for the offices of First and Deputy First Ministers resulting from the St Andrews Agreement in 2006 undermined the core principles of the Agreement. The offices are held jointly and their powers are equal. The nomination procedure instituted in 1998 was designed to reflect this and the Assembly’s position as the prime source of authority in Northern Ireland. It is also clear that the present system of nomination enables either of the two largest Assembly parties to prevent the formation of an Executive by refusing to nominate for the position to which they are entitled, with no means of overcoming the instability this creates. We also recognise that to revert to the pre-2007 arrangement of a cross-community vote to elect the First and Deputy First Ministers would also likely result in an effective veto for either of the two largest parties. However, there is precedent within the Agreement for key votes in the Assembly to be taken on a supermajority basis, rather than through either parallel consent or weighted majority, to demonstrate a form of cross-community support for nominees.
Government Response Summary
The government rejected the implied need to address the undermining of core principles or the instability created by the current nomination procedure, stating that a review of the Agreement or amendment of the Northern Ireland Act 1998 is not being considered at this time. It highlighted the need for cross-community support for any significant reforms.
Paragraph Reference:
88
Government Response
Rejected
HM Government
Rejected
Rejected for now. Given the recent restoration of the Northern Ireland Executive, a review of the Agreement, or amendment of the Northern Ireland Act 1998 is not being considered at this time. While the Government’s focus has been firmly on the immediate restoration of the devolved institutions, we do recognise the challenges the report identifies concerning the stability of the institutions. Any discussion of reforms, including on the subject of timing, should be carefully considered and command the support of the whole community in Northern Ireland. The Agreement has been vital, and it should continue to be a living document. Any significant reform requires widespread consent, led by the people of Northern Ireland and their representatives. Voices from the UK or Irish Governments should not be at the forefront of calls for reform. Matters relating to Strand One institutions remain a matter for the UK Government along with the NI parties. The Committee’s recommendation for the review to include the institutions’ ability to provide effective and stable government with broad cross-community inclusion is noted; cross-community protections are vital, and any movement away from the current system requires whole community support. Regarding Strand Three (PM attendance at BIIGC/BIC), these bodies already meet regularly, and the Prime Minister attended in 2022; the Government is committed to utilising Strand Three to its full potential. For Strand Two (NSMC/implementation bodies), we are committed to upholding all strands, but any review of Strand Two should be led by ministers in Northern Ireland and Ireland. The Government recognises the interest in a Citizen’s Assembly and civic engagement, and has listened to community views. It notes that the Northern Ireland Assembly and local councils are democratically chosen representative bodies. The Government welcomes the Committee’s recognition of the success of the 38th summit of the British-Irish Council in November 2022.