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Departments: Legislation

Volume 463: debated on Wednesday 12 September 2007

To ask the Secretary of State for Northern Ireland which Bills introduced by his Department in the last five years contained sunset clauses; and what plans he has for the future use of such clauses. (151830)

The following Acts introduced as Bills by my Department in the last five years have contained sunset clauses (that is to say, provisions that will expire at the end of a set period):

Northern Ireland Assembly (Elections and Periods of Suspension) Act 2003

Section 7 provided that the provisions of the Northern Ireland Act 1998 which have been inserted or substituted by the 2003 Act and section 1(4) of the 2003 Act would expire on 16 November 2003 unless 7(4) applied or an order had been made under section 7(2) of the 2003 Act. These provisions have not expired (save s.31(2) of the NIA 1998, as inserted by the 2003 Act, which has since been substituted by the Northern Ireland (St. Andrews Agreement) Act 2006) because an order was made under s.31(2) of the NIA 1998 so s.7(4) applied.

Police (Northern Ireland) Act 2003

Section 23 of the Police (NI) Act 2003, as amended by Article 10 of the Policing (Miscellaneous Provisions) (NI) Order 2007, provides for the appointment of constables who have a specified policing skill. This provision will expire on 21 April 2009 (i.e. two years after the Policing (Miscellaneous Provisions) (NI) Order 2007 came into operation).

Electoral Registration (Northern Ireland) Act 2005

Section 3 provides that the Act shall cease to be in force 12 months after the day on which it is passed, unless an order has been made under 3(2). No such Order was made and the Act has expired.

The appropriateness of a sunset clause for the whole or part of any proposed legislation is considered on a case by case basis. It is also addressed when a regulatory impact assessment relating to legislation is being prepared.

To ask the Secretary of State for Northern Ireland which Bills introduced by his Department in the last five years did not contain sunset clauses; and if he will make a statement. (152495)

The following Acts introduced as Bills by my Department in the last five years have not contained sunset clauses:

Northern Ireland Arms Decommissioning (Amendment) Act 2002

Justice (Northern Ireland Act) 2002

Electoral Fraud (Northern Ireland) Act 2002

Northern Ireland Assembly Elections Act 2003

Northern Ireland (Monitoring Commission etc) Act 2003

Justice (Northern Ireland) Act 2004

Northern Ireland Act 2006

Northern Ireland (Miscellaneous Provisions) Act 2006

Terrorism (Northern Ireland) Act 2006

Northern Ireland (St. Andrews Agreement) Act 2006

Northern Ireland (St. Andrews Agreement) Act 2007

Justice and Security (Northern Ireland) Act 2007