Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022

6 Petitions of concern

For section 42 of the Northern Ireland Act 1998 substitute—

“42 Petitions of concern

(1) If a petition expressing concern about a matter which is to be voted on by the Assembly is—

(a) presented to the Assembly by 30 members, and

(b) on the day after the consideration period, confirmed by 30 members,

the vote on that matter requires cross-community support.

(2) If such a petition is presented, the vote on the matter to which it relates may not take place until after the day mentioned in subsection (1)(b).

(3) The members presenting or confirming a petition must include—

(a) one member who belongs to a political party and one member who belongs to a different political party,

(b) one member who belongs to a political party and one member who does not belong to a political party and did not belong to a political party when returned as a member of the Assembly, or

(c) two members who do not belong to a political party and did not belong to a political party when returned as members of the Assembly.

(4) A matter may not be the subject of a petition if it—

(a) concerns a sanction in relation to the conduct of a Minister or other member of the Assembly;

(b) concerns the vote on the general principles of a Bill referred to in section 13(1)(a);

(c) is a matter specified in standing orders made under subsection (6)(c).

(5) A petition under this section may not be presented or confirmed by the Presiding Officer or a deputy Presiding Officer.

(6) Standing orders must—

(a) make provision with respect to the procedure to be followed in presenting and confirming a petition under this section (which may include provision specifying a minimum period between the presentation of the petition and the time when the vote on the matter to which it relates would take place if not postponed by the petition);

(b) provide that the matter to which a petition under this section relates may be referred, in accordance with paragraphs 11 and 13 of Strand One of the Belfast Agreement, to the committee established under section 13(3)(a);

(c) specify further matters that may not be the subject of a petition under this section, for the purposes of fully implementing paragraph 2.2.4 of Annex B of Part 2 of The New Decade, New Approach Deal;

(d) make provision for such steps to be taken during the consideration period as may be necessary for the purposes of fully implementing paragraph 2.2.7 of Annex B of Part 2 of The New Decade, New Approach Deal.

(7) If the day mentioned in paragraph (b) of subsection (1) is not a working day that paragraph is to be read as referring to the next day that is a working day.

(8) In this section—

• “the consideration period” means the period of 14 days beginning with the day on which the petition is presented;

• “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in Northern Ireland.”