Explanatory Memorandum

Department of Justice Act (Northern Ireland) 2010

2010 CHAPTER 3

12 February 2010

Options Considered

7.The options considered were to take no legislative action until there was a decision of the Assembly to request the transfer of policing and justice powers from the United Kingdom Government; or to make essential statutory preparations in advance of any such future decision, so a transfer of powers could be given effect in the shortest possible timescale.

8.Given the scale and importance of the functions which would transfer on the devolution of policing and justice powers, it was considered necessary for the transfer to occur without undue delay following an Assembly decision to proceed. In order that the lead-in process to devolution should be as straight-forward and short as possible, essential statutory preparations were, where possible, made in advance of an Assembly decision to proceed. The option of taking no legislative action was not considered appropriate and the preference was for the introduction of the Bill prior to a decision of the Assembly to request devolution of policing and justice powers.