Northern Ireland Constitution Act 1973
This article needs additional citations for verification. (December 2011) |
Act of Parliament | |
Status: Amended | |
---|---|
Text of statute as originally enacted | |
Text of the Northern Ireland Constitution Act 1973 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
(1921–72) |
The Northern Ireland Constitution Act 1973 (c. 36) is an
"Status of Northern Ireland as part of United Kingdom"
When the Republic of Ireland ceased to be a member of the British Commonwealth, Westminster had responded with the Ireland Act 1949. Amongst its other provisions, the act had guaranteed that Northern Ireland would not cease to 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.
Since the 1973 act abolished the Parliament of Northern Ireland, it replaced the 1949 guarantee with one based on a popular vote rather than a parliamentary vote:
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.
— Northern Ireland Constitution Act 1973, section 1.
A
The Northern Ireland Act 1998 replaced the 1973 referendum requirement, requiring a referendum if it "appears likely" to pass and unity negotiations if it does pass, and reducing the gap between referendums to seven years.[1]
Attempts to prevent discrimination
Part III of the Act dealt with discrimination "on the ground of religious belief or political opinion." Any existing
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 30 March 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
Excepted matters
- the monarchy
- the Westminster parliament
- international relations (other than dealings with the Republic of Ireland in a limited set of fields)
- certain topics covered by the European Communities Act
- the armed forces
- dignities and titles of honour
- treason felony
- nationality and immigration
- pre-existing taxes
- the appointment or removal of judges
- elections
- coinage and banknotes
- the National Savings Bank
- extraordinary powers for dealing with terrorism or "subversion"
The executive
The
New members of the executive were also required to take an
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.
References
- ^ Northern Ireland Act 1998; section 1 and schedule 1, section 100(2) and schedule 15.
External links
- Text of the Northern Ireland Constitution Act 1973 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- Extracts from the text as enacted