Commentary on provisions of the Act

Section 1: Exercise of functions by Northern Ireland departments

22. This section extends existing provisions in NIEFA 2022 which clarify the exercise of Northern Ireland departmental functions by senior officers. This provision will continue to apply during the current period where there is no Executive, until the NI Ministerial offices are next filled.
23. This ensures that the absence of Ministers does not prevent a senior officer of a Northern Ireland department from exercising a function of the department if she or he is satisfied that it is in the public interest to do so until an Executive is next formed. The Secretary of State remains under a requirement to publish guidance about the exercise of these departmental functions, including guidance as to the principles to be taken into account in deciding whether or not to exercise a function, and senior officers of departments are required to have regard to that guidance.

Section 2: Power to direct departments to provide advice and information, and to carry out consultations

24. Section 2 confers powers on the Secretary of State to direct Northern Ireland departments to provide advice and information, and/or to carry out consultations, for the purpose of developing options for raising more public revenue in Northern Ireland or otherwise improving the sustainability of public finances in Northern Ireland, during the current period in which there is no Executive.
25. A direction for advice or information under this section may include provision about the manner or form in which such advice or information is to be provided, or the timing of doing so. Where a direction is given to provide information that is not within a Northern Ireland department’s possession, the provision requires the department to take reasonable steps to obtain the information for the purpose of complying with the direction.
26. A direction to carry out a consultation may include provision about who is to be consulted, how the consultation is to be carried out, the content of the consultation (including provision requiring the approval of the Secretary of State to whatever is consulted on), and the consultation timetable.
27. The power in section 2 may be exercised so as to require two or more Northern Ireland departments to provide joint advice or collate information.
28. Section 2 provides that a direction under this section would lapse at the end of the current period in which there is no Executive, and provides that disclosures from Northern Ireland departments under must not contravene relevant data protection legislation.

Section 3: Exception to assembly power to call for witnesses and documents

29. This section disapplies the Assembly’s power in s.44 of the Northern Ireland Act 1998 to require a person to provide evidence in respect of Ministers of the Crown or those in Crown employment (which includes Northern Ireland civil servants) in connection with the exercise of certain functions conferred under this Act. Specifically, the exercise of functions in connection with the giving of a direction to a Northern Ireland department to provide advice or information or launch a consultation; or the exercise of a function in accordance with any such direction.

Section 4: Accounts etc to be laid before House of Commons

30. Section 4 requires that the Secretary of State be sent a copy of any minutes, accounts, reports, or other documents that would be laid before the Assembly under the terms of relevant provisions in law, during a period in which the Assembly is not functioning. The relevant provisions are contained within the Government Resources and Accounts Act (Northern Ireland) 2001 and the Financial Provisions (Northern Ireland) Order 1993.
31. Section 4 also places the Secretary of State under a legal duty to lay before the House of Commons any documents received under the terms of this provision.