26 January 2010

Devolution and Northern Ireland: To be or not to be more independent

Many newspaper articles recently have featured stories which are directly connected to the UK Constitution. One such article was from today’s Financial Times, published on 25 January 2010, in which it talked of a stalemate in the power sharing scheme between the UK Parliament and the Northern Irish Assembly (Stormont, which is the devolved legislature of Northern Ireland). The two major Northern Irish political parties are Democratic Unionists (DUP) and Sinn Féin. According to the article, “[The] Parties differ on a timetable for Northern Ireland politicians to assume responsibility for policing and the criminal justice system – the courts, probation and prison services.” Sinn Féin wants devolution to happen as soon as possible, whereas DUP wants “community confidence” before policing powers are put in the hands of local politicians. After the last elections, March 2007, DUP claimed 36 members in Stormont and Sinn Féin with 28 members. There are 108 members in total from eight political parties.

All bills passed by the Northern Irish Assembly must receive Royal Assent to become law. If the Secretary of State for Northern Ireland believes a bill violates the constitutional limitations on the powers of the Northern Irish Assembly, the Secretary of State for Northern Ireland has the duty to refuse to submit the bill to the monarch for Royal Assent. If submitted by the Secretary of State, the monarch will, by convention, sign a bill into law.

The problem is raised because the Northern Irish Assembly follows the d'Hondt system, meaning ministerial portfolios are divided among the parties in proportion to their strength in the Assembly. Sinn Féin is threatening to withdraw all of its members from the government. “[I]f Sinn Féin quits the executive, Shaun Woodward, Northern Ireland secretary, would have seven days before he had to call fresh assembly elections. Commentators fear an election could exacerbate community divisions.”