The Legislative Competence of the Assembly

The Agreement provides that legislators or Members of the Legislative Assembly (MLAs) can make law as individuals; or as a Committee (both non-Executive legislation); or as a Minister in the Executive (Executive Legislation).

The Northern Ireland Act (which has been amended to reflect changes that have been made through subsequent all-party intergovernmental talks) describes the legislative competence, or remit to make law, of the NI Assembly.

Broadly, matters that remain solely for Westminster to govern are “excepted”; those that are wholly the responsibility of the Assembly are “transferred”; and those in between which require the consent of the Secretary of State for NI are “reserved”.

Section 6 of the Act also sets out rules requiring Assembly legislation to be

• Applicable only within the territory of NI;
• according with European Law and the ECHR;
• Non-discriminatory on grounds of religious belief or political opinion.

The Speaker ensures that all draft legislation (Bills) is within competence before introduction in the Assembly.