Overview

When the Lord Chancellor gave evidence to the Constitution Committee on 28 January 2009, he confirmed that there would be a constitutional convention that any bill which carries constitutional change of any significance should automatically be subject to pre-legislative scrutiny. The Northern Ireland Bill has two aims which are of constitutional significance. First, it seeks to provide an interim framework for a Northern Ireland department and minister responsible for police and justice ahead of devolution of those functions. Secondly, the bill contains interim provisions arrangements for judicial appointments and removals. Yet there has been no opportunity for pre-legislative scrutiny of a draft bill by the United Kingdom Parliament. Moreover, the bill has had an expedited passage in the House of Commons. The Committee understands the political requirements for progress to be made on the process of devolution of policing and justice functions to Northern Ireland, but it is not clear that there is an emergency situation that in and of itself justifies the departure from the principle that bills of constitutional significance should be subject to pre-legislative scrutiny in the United Kingdom Parliament. Nor is it obvious that circumstances exist which justify the bill being put on a fast-track legislative process in the House of Commons and the House of Lords. In addition, the Committee questions whether the Prime Minister, as opposed to ministers, should have a role in appointment and removal of senior judiciary in Northern Ireland.

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