Part of Justice (Northern Ireland) Bill – in a Public Bill Committee at 6:00 pm on 31 January 2002.
We are clear that the Bill's provisions were designed to function in the pre-devolution period. I do not need to go into that for the sake of the Committee, but it is entirely appropriate that they are drafted in this way if the funding comes from the Northern Ireland Office and accountability is to this Parliament.
After devolution, it will naturally be for the Executive to fund the prosecution service. The appropriate change will be made to the provisions when responsibility for policing and justice are devolved to the Assembly. That will be done by an order under section 86 of the Northern Ireland Act 1998, which is the provision that includes the order-making power to make transfers consequent on devolution. There is no reason to have a specific order-making power, as a general one exists in the 1998 Act and would be used for the instrument that will devolve transfer of responsibility, consequent on agreement to devolve. I hope that that addresses the point about which the hon. Gentleman is exercised, and that he will be persuaded to withdraw the amendment.