 | This articleneeds additional citations forverification. Please helpimprove this article byadding citations to reliable sources. Unsourced material may be challenged and removed. Find sources: "Northern Ireland Constitution Act 1973" – news ·newspapers ·books ·scholar ·JSTOR(December 2011) (Learn how and when to remove this message) |
| Act of Parliament | |
.svg) | |
| Long title | An Act to make new provision for the government of Northern Ireland |
|---|---|
| Citation | 1973 c. 36 |
| Introduced by | William Whitelaw,Northern Ireland Secretary (Commons) David Hennessy, 3rd Baron Windlesham (Lords) |
| Territorial extent | Northern Ireland |
| Dates | |
| Royal assent | 18 July 1973 |
| Commencement | |
| Other legislation | |
| Amended by |
|
| Relates to | House of Commons (Redistribution of Seats) Act 1979 |
Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Northern Ireland Constitution Act 1973 as in force today (including any amendments) within the United Kingdom, fromlegislation.gov.uk. | |
| (1921–72) |
TheNorthern Ireland Constitution Act 1973 (c. 36) is anact of theParliament of the United Kingdom which receivedroyal assent on 18 July 1973. The act abolished the suspendedParliament of Northern Ireland and the post ofGovernor and made provision for adevolved administration consisting of an Executive chosen by the newNorthern Ireland Assembly devised under theSunningdale Agreement; the assembly had already been created by theNorthern Ireland Assembly Act 1973, passed two months earlier.
When theRepublic of Ireland ceased to be a member of theBritish Commonwealth,Westminster had responded with theIreland Act 1949. Amongst its other provisions, the act had guaranteed that Northern Ireland would not cease to remain a part of the United Kingdom "without the consent of the Parliament of Northern Ireland" (s. 1(2)); this declaration had proven to be controversial both with the Irish government and with Northern Ireland's nationalist community.
Since the 1973 act abolished the Parliament of Northern Ireland, it replaced the 1949 guarantee with one based on a popular vote rather than a parliamentary vote:
It is hereby declared that Northern Ireland remains part of Her Majesty's dominions and of the United Kingdom, and it is hereby affirmed that in no event will Northern Ireland or any part of it cease to be part of Her Majesty's dominions and of the United Kingdom without the consent of the majority of the people of Northern Ireland voting in a poll held for the purposes of this section in accordance with Schedule 1 to this Act. — Northern Ireland Constitution Act 1973, section 1.
Areferendum on similar lines had already been held on 8 March 1973, with 98.9% of voters backing the union after a nationalist boycott of the poll. Schedule 1 of the Constitution Act provided that no further referendum was to be held before 9 March 1983. If the result of that or any future referendum meant that Northern Ireland remained part of the United Kingdom, a subsequent referendum on the issue could not be held for a further ten years.
TheNorthern Ireland Act 1998 replaced the 1973 referendum requirement, requiring a referendum if it "appears likely" to pass and unity negotiations if it does pass, and reducing the gap between referendums to seven years.[1]
Part III of the act dealt with discrimination "on the ground of religious belief or political opinion." Any existingAct of the Parliament of Northern Ireland, any Measure to be passed by the new Assembly, and anysecondary legislation was declared to be void if it discriminated against an individual or "class of persons" on the basis of their religious or political beliefs. It was also said to be unlawful for the Executive or a government body to "discriminate, or aid, induce or incite another to discriminate" against someone on the same grounds. Discrimination was defined as "treat[ing a] person or [a] class [of persons] less favourably in any circumstances than other persons are treated in those circumstances by the law for the time being in force in Northern Ireland."
TheStanding Advisory Commission on Human Rights (SACHR) was also created.
TheParliament of Northern Ireland, which had been indefinitely suspended on 30 March 1972 by theNorthern Ireland (Temporary Provisions) Act 1972, was now permanently abolished. Its staff were transferred to work for the new assembly.
The office ofGovernor of Northern Ireland was also abolished. Unlike the position with the parliament, his duties were not transferred to a new role but were mainly absorbed by theSecretary of State for Northern Ireland. Responsibility for appointing (or removing) theDirector of Public Prosecutions for Northern Ireland was given to theAttorney General for Northern Ireland (which office was now attached to that of theAttorney General for England and Wales).
Devolution was only to come into effect if an executive (government) could be formed that had the support of the assembly and that was "likely to be widely accepted throughout the community". The act listedexcepted matters andreserved matters; the former were areas in which the assembly was not permitted to legislate; the latter were areas which the Secretary of State for Northern Ireland could transfer into the assembly's power when and if he saw fit.
TheNorthern Ireland Executive was to be headed by a chief executive and was to include a maximum of eleven other members (including the heads of the various government departments). The chief executive was also to beex officio "Leader of the Assembly".
New members of the executive were also required to take anoath (or make anaffirmation):
I swear by Almighty God [or I affirm] that I will uphold the laws of Northern Ireland and conscientiously fulfil as a member of the Northern Ireland Executive my duties under the Northern Ireland Constitution Act 1973 in the interests of Northern Ireland and its people.
Section 43(1) of the act provided that the act may be cited as the "Northern Ireland Constitution Act 1973".
Section 43(5) of the act provided that parts I, IV and V of the act would come into force at the passing of the act.
Section 43(6) of the act provided that part III of the act would come into force on a day appointed by thesecretary of state for Northern Ireland bystatutory instrument.
| Northern Ireland Constitution Act 1973 (Commencement No. 1) Order 1973 | |
|---|---|
| Statutory Instrument | |
| |
| Citation | SI1973/1418 |
| Introduced by | William Whitelaw MP (Commons) |
| Dates | |
| Made | 8 August 1973 |
| Commencement | 1 September 1973[d] |
| Other legislation | |
| Made under | Northern Ireland Constitution Act 1973 |
Status: Current legislation | |
| Text of statute as originally enacted | |
TheNorthern Ireland Constitution Act 1973 (Commencement No. 1) Order 1973 (SI1973/1418) provided that part III of the act would come into force on 1 September 1973.
