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An Act to make provision for elections in Northern Ireland for the purpose of providing delegates from among whom participants in negotiations may be drawn; for a forum constituted by those delegates; for referendums in Northern Ireland; and for connected purposes.
[29th April 1996]
Be 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) Elections shall be held in Northern Ireland for the purpose of providing delegates from among whom participants in negotiations may be drawn.
(2) Schedule 1 (which makes provision as to the holding of the elections and the provision of delegates) shall have effect.
(1) The negotiations mentioned in section 1 are the negotiations referred to in Command Paper 3232 presented to Parliament on 16th April 1996.
(2) As soon as practicable after the elections, the Secretary of State shall invite the nominating representative of each party for which delegates have been returned in accordance with Schedule 1 to nominate, from among those delegates, a team to participate in the negotiations.
(3) The Secretary of State shall refrain from inviting nominations from the nominating representative of a party, and shall exclude delegates already nominated from entering into the negotiations, if and for as long as he considers that requirements set out in paragraphs 8 and 9 of Command Paper 3232 are not met in relation to the party.
(4) The nominating representative of a party may from time to time substitute for any member of the team nominated for that party another delegate returned for that party in accordance with Schedule 1.
(1) The delegates returned in accordance with Schedule 1 shall constitute a forum for the discussion of issues relevant to promoting dialogue and understanding within Northern Ireland.
(2) The functions of the forum shall be deliberative only.
(3) Accordingly the forum shall not have any legislative, executive or administrative functions, or any power to determine the conduct, course or outcome of the negotiations mentioned in section 1.
(4) But if, in accordance with any rules of procedure adopted by them, the participants in the negotiations refer any matter to the forum, subsection (3) shall not be taken to prevent the forum from considering that matter.
(5) Schedule 2 shall have effect in relation to the forum.
(1) The Secretary of State may from time to time by order direct the holding of a referendum for the purpose of obtaining the views of the people of Northern Ireland on any matter relating to Northern Ireland.
(2) An order under subsection (1) shall be made by statutory instrument; but no order shall be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.
(3) An order under subsection (1) may include such provision relating to the conduct of the referendum as appears to the Secretary of State expedient, including provision—
(a) setting out the wording of the question to be put;
(b) as to the persons entitled to vote;
(c) applying, with or without modifications, any enactment (and in particular any enactment relating to elections) or any provision made under an enactment.
(4) Nothing in this section shall be construed as authorising the Secretary of State to direct the holding of a poll otherwise than in accordance with Schedule 1 to the [1973 c. 36.] Northern Ireland Constitution Act 1973 in relation to the matters dealt with in section 1 of that Act (status of Northern Ireland as part of United Kingdom).
(1) In this Act “nominating representative” in relation to a party means the person who at any time appears to the Secretary of State to be the leader of the party or otherwise the most appropriate person to act on behalf of the party for the purposes of this Act.
(2) The Secretary of State shall cause to be published in the Belfast Gazette—
(a) an initial list of the nominating representatives of the parties listed in Part II of Schedule 1;
(b) notice of any change in the nominating representative of any of those parties.
(1) The Secretary of State may pay allowances to delegates returned in accordance with Schedule 1, whether by reference to days on which they attend the forum or participate in negotiations or otherwise.
(2) Any expenses incurred by the Secretary of State in connection with the elections or otherwise by virtue of this Act shall be paid out of money provided by Parliament.
(1) Section 3 shall cease to have effect at the end of May 1997.
(2) The Secretary of State may by order provide that section 3 shall—
(a) continue to have effect, or
(b) come into force again,
until a time, not later than the end of May 1998, specified in the order.
(3) The Secretary of State may by order provide that section 3 shall cease to have effect at a time specified in the order (being a time earlier than the time at which it would cease to have effect by virtue of subsection (1) or (2)).
(4) If it appears to the Secretary of State that the negotiations mentioned in section 1 are concluded or suspended, he shall by order under subsection (3) provide for section 3 to cease to have effect.
(5) Section 4 shall cease to have effect at the end of May 1999.
(6) An order under this section shall be made by statutory instrument; but no order shall be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.
This Act may be cited as the Northern Ireland (Entry to Negotiations, etc) Act 1996.
Northern Ireland (Entry To Negotiations, Etc) Act 1996