Ministerial Offices (Number and Functions) Determination 2016

Executive Committee Business – in the Northern Ireland Assembly at 1:15 pm on 15 March 2016.

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Photo of Jennifer McCann Jennifer McCann Sinn Féin 1:15, 15 March 2016

I beg to move

That the Ministerial Offices (Number and Functions) Determination 2016 be approved.

This motion is the final statutory process that the Assembly needs to take to achieve a reduction in the number of Departments and a smaller Executive after the May election. The determination is a formal document required under section 17 of the NI Act 1998. The First Minister and the deputy First Minister must make a new determination when an Act of the Assembly establishes a new Department or dissolves an existing one. As the Assembly has recently passed the Departments Act 2016, which will dissolve three existing Departments, a fresh determination will be needed.

The determination provides the basis on which the departmental Ministers will be appointed at the start of the next mandate under the d'Hondt system for most Ministers and by Assembly vote for the Minister of Justice. The determination was signed by the First Minister and the deputy First Minister on 1 March, and we now seek the Assembly's approval with cross-community support. It sets out the titles of the eight future departmental Ministers and their functions in the Departments that they will take charge of. The First Minister and the deputy First Minister and the future Executive Office are not listed because they are provided for separately in primary legislation. The same formula has been used in the two previous determinations in 1999, and in 2010 when the Department of Justice was established.

This does not change the status of existing departmental Ministers for the time being. They will remain in post until election day on 5 May, in line with section 16A of the NI Act. The determination, if approved today, will not take effect until the first meeting of the next Assembly in the week following the election on 5 May. The Departments Act 2016 and the Departments (Transfer of Functions) Order 2016 will have come into effect over the intervening weekend, giving legal authority to the names of the future Departments and establishing their statutory functions.

That approach will align with the arrangements in the Westminster Bill, which extends the time available for agreeing the Programme for Government in advance of the appointment of Ministers. There was a commitment in the Stormont House Agreement to extend the time available for that negotiation from seven to 14 days. The Westminster Bill will disapply the requirement in Standing Orders for d'Hondt to be run within seven days of a determination coming into effect but only if it takes effect during the period starting with the first meeting of the new Assembly. The commencement provision in the determination therefore gives greater flexibility to party leaders to negotiate the next Programme for Government before the appointment of Ministers. The determination is a significant document that will play an important role in the creation of future, more compact Executives. Its importance is acknowledged by the requirement for cross-community support.

The Assembly already passed the Departments Act, which establishes that future nine-Department system. It just affirmed the Departments (Transfer of Functions) Order, which reallocates statutory responsibilities between Departments, and it can now put the final piece in place by approving the determination, which will give titles to future Ministers and assign them departmental responsibilities. That will complete the statutory requirement to fulfil the commitment in the Stormont House Agreement that was reaffirmed in the Fresh Start Agreement — the commitment to a reduction in the number of Departments to nine in time for the 2016 Assembly election.

Debates on the Departments Act showed that there is general support for a more streamlined departmental system and a smaller Executive. We look forward to seeing that in operation in the next mandate. The approval of the determination will be an important step towards that goal. I commend the motion to the Assembly and urge that the determination be approved with the necessary cross-community support.

Photo of Chris Lyttle Chris Lyttle Alliance

I will speak very briefly on behalf of the Committee for the Office of the First Minister and deputy First Minister on the Ministerial Offices (Number and Functions) Determination 2016. As the junior Minister outlined, the determination before us today will form the basis for filling ministerial offices in the next Assembly mandate. It reflects the ministerial positions following the restructuring of the Northern Ireland Departments to a nine-Department model. The Committee considered the determination at its meeting on 9 March and was content for it to be approved by the Assembly.

Photo of Gordon Lyons Gordon Lyons DUP

Before I address the determination, I add my voice to those who have already spoken to condemn what happened to the prison officer who was attacked on 4 March and who has subsequently died. We obviously all condemn what happened. It is good that that condemnation has taken place, because it did not always take place. It is important to remember that he was an individual with a family and that he will leave behind those who will miss him and who have loved him. It is a tragedy for them, and it is obviously right that, as an Assembly, we send our prayers and best wishes to his family and friends at this time and stand together and say that we utterly condemn what has happened, we find it utterly appalling and there was never any justification for taking the life of someone who was serving in that way. There is no justification for it taking place now, and there never will be any justification. Although other Members took the opportunity to express those sentiments, I think it is right that we all stand together and say it with one voice.

Moving on to what is before us, like Mr Lyttle, I will be brief. The Fresh Start Agreement obviously has the support of my party. There are a number of things within it that we want to see take place, and legislation is required for that to happen. We are getting towards the end of the process now, and it will require the determination to go through so that departmental responsibilities are properly allocated, Departments are created and the appropriate titles are given. The position of my party on the issue has been made very clear. All that is left to say is that we will support the determination.

Photo of Andy Allen Andy Allen UUP 1:30, 15 March 2016

This is a fairly modest piece of legislation before us today in size, but not in importance. It sets out the new ministerial offices and Departments due to come into effect in the new mandate. We support the creation of a more streamlined system of government at Stormont and wish to see services delivered in a more effective and efficient manner. A reduction in the number of Departments should help to achieve that. It is my opinion that the people we seek to serve are not obsessed with the number of Departments or what names they are given; they want to see results on the ground. That is what we should turn our attention to as we move into the new mandate.

Photo of Jennifer McCann Jennifer McCann Sinn Féin

I mentioned earlier that the determination is a formal document, but its approval is more than a mere formality. Without this determination coming into effect at the appropriate time, the Ministers of the future Executive will not have their legal titles and their responsibilities for their Departments will not be clearly set out. It is an important document constitutionally. That is why it requires cross-community support to be validly approved by the Assembly. It is the final step that this Assembly needs to take to prepare for the restructuring of the Executive Departments in May. The First Minister and deputy First Minister have made the appointed day order, which will dissolve three Departments and rename seven others on 8 May, shortly after the election. The transfer of functions order will come into force at the same time, reallocating the functions of Departments. This determination will then take effect at the first meeting of the new Assembly later that week, when Ministers will be appointed to a new Executive in the early weeks of the Assembly and will take responsibility for a streamlined nine-Department Administration with an agenda for action in an agreed Programme for Government.

We are coming to the end of a process that started with the last Programme for Government. It was the subject of a report by the Assembly and Executive Review Committee. It became a firm commitment in the Stormont House Agreement and was reaffirmed, with challenging deadlines, in the 'Fresh Start' document. This Assembly has met the deadlines. Thanks are due to the Assembly and its Committees, particularly the OFMDFM Committee, for the time and effort that it has invested in the process since last November. Beyond the Assembly, extensive preparatory work has been undertaken in Departments to make ready for restructuring. Everything suggests that the reform will be accomplished in May, with minimal disruption to public services and longer-term gains in efficiency. I urge the Assembly to endorse the motion and give its approval to the determination with the necessary cross-community support.

Photo of John Dallat John Dallat Social Democratic and Labour Party

I remind Members that cross-community support is needed for this motion.

Question put and agreed to. Resolved (with cross-community support):

That the Ministerial Offices (Number and Functions) Determination 2016 be approved.

Photo of John Dallat John Dallat Social Democratic and Labour Party

As there are no dissenting voices, the motion is duly passed.