Justice and Security (Northern Ireland) Bill

The Secretary of State is required to make an order abolishing the deputy Justice Minister post three years after the devolution of policing and justice functions, unless the Assembly has resolved that it be abolished earlier or, alternatively, that it be retained beyond that time. As originally drafted, the Bill made such an order subject to the negative resolution procedure. However, the Committee on Delegated Powers and Regulatory Reform considered the order-making power and observed that the circumstances specified in the Bill in which the Secretary of State is required to act are matters of ascertainable fact, not of opinion, and the timing, too, is preordained. In other words, the time scale is set, the period of three years is in statute, and it will be a matter of fact that either the three years have been completed or the Assembly has made a specific request. In the consequent absence of any element of discretion for the Secretary of State, the Committee argued that the negative procedure was unnecessary. We are content to accept that recommendation, and the amendments give effect to it.