asked Her Majesty's Government:Whether the Good Friday Agreement prohibits the exclusion of Sinn Fein from the Northern Ireland Executive if the IRA fail to decommission their arms and ammunition by May 2000. [HL3558]
Under the Good Friday Agreement, decisions on exclusion from ministerial office are for the Assembly to take on a cross-community basis. Paragraph 25 of Strand One and paragraphs 1–6 of the decommissioning section are the relevant provisions. The exclusion provisions are given effect by Section 30 of the Northern Ireland Act 1998.
asked Her Majesty's Government:Why it is not possible to exclude those who default on a commitment to decommissioning, or on actual decommissioning, from the Northern Ireland Assembly. [HL3524]
There is no provision in the Good Friday Agreement for exclusion in any circumstances from the Assembly. Paragraph 25 of Strand One of the agreement provides for exclusion from ministerial office by decision of the Assembly taken on a cross-community basis. This is given effect by Section 30 of the Northern Ireland Act 1998. To take the decision away from the Assembly and provide for automatic exclusion in defined circumstances would go beyond the Good Friday Agreement.
asked Her Majesty's Government:Whether, in the event of a default on the requirement to decommission arms by Sinn Féin/IRA the Northern Ireland Assembly were suspended, further legislation would be required to establish a new assembly which excluded the defaulting parties; and, if not, under what power such an Assembly would be set up. [HL3525]
These matters are relevant to the Northern Ireland Bill, debated in the House on 14 July. Under that Bill as presented, a suspension period would be brought to an end, and devolved power restored, by order of the Secretary of State in accordance with Clause 2. Clause 4(6) deals with the consequences of the exclusion of a party from ministerial office. There is no provision, under existing or proposed legislation, for exclusion from the Assembly.
asked Her Majesty's Government:Whether the timetable or time limits over which General de Chastelain is to preside will be included in the Northern Ireland legislation which is to establish an Assembly. [HL3526]
The Assembly has already been established by the Northern Ireland (Elections) Act 1998 and will assume devolved powers under the provisions of the Northern Ireland Act 1998. The Northern Ireland Bill, currently before the House, provides for suspension of the devolved powers of the Assembly if, among other matters, the Decommissioning Commission reports that there has been a failure to take, in accordance with the Joint Statement, a step specified by the Commission. Paragraph 3 of the Joint Statement provides for the process of decommissioning to begin within the period specified by the Commission. Paragraph 4 provides for the Commission to specify that actual decommissioning is to start within a specified time.