Delegated Powers Memorandum
Introduction
This memorandum identifies provisions for delegated legislation in the Inquiry into Historical Institutional Abuse Bill.
It explains the purpose of the delegated powers taken; describes why the matter is to be left to delegated legislation; and explains the procedure selected for each power and why it has been chosen.
This memorandum should be read in conjunction with the Explanatory and Financial Memorandum accompanying the Bill.
Drafts of the regulations and orders referred to in this Memorandum are not yet available.
Purpose of the Bill and main provisions
The Bill enables the Office of the First Minister and Deputy First Minister to establish and devote resources to an investigation and inquiry into historical institutional abuse, the terms of reference for which were set out in an Assembly Statement on 31st May 2012. It sets out the expenses that OFMDFM may cover and circumstances in which funding may be withheld.
It provides that, subject to the Act and any rules made by OFMDFM, the procedure and conduct of the inquiry are to be such as the presiding member may direct. In making decisions about its procedures and conduct, the presiding member must act with fairness and with regard to the need to avoid any unnecessary cost.
The Bill also bestows upon the presiding member the power to administer oaths and to hear evidence under oath; the power by notice to compel witnesses to appear before the inquiry and to compel evidence to be provided to it; and the power by order to restrict access to inquiry proceedings and evidence.
Delegated Powers
The Bill confers powers on OFMDFM to make orders and rules in relation to the Bill. These powers are new.
Clause 17 - Power to make supplementary, etc. provision
This clause allows OFMDFM to make subordinate legislation to give full effect to the Bill.
Subsection (1) – power to make such supplementary, transitional, incidental or consequential provisions as it considers appropriate for the purposes of the Act or in consequence of, or for giving full effect to any provision of the Act.
Power conferred on: OFMDFM
Power exercisable by: Statutory Rule (Order)
Assembly Procedure: Negative resolution.
An order under clause 17 may amend, modify or repeal any statutory provision
OFMDFM considers this power is best placed in orders to allow flexibility to meet any emerging or changing circumstances and requirements.
Clause 18 Rules
Subsection (1)(a) - power to make rules in relation to matters of evidence and procedure.
Power conferred on: OFMDFM
Power exercisable by: Statutory Rule (Rules)
Assembly Procedure: Negative resolution.
OFMDFM considers this power is best placed in rules so that account can be taken of changing circumstances
Subsection (1)(b) – power to make rules dealing with the return or keeping, after the end of the inquiry, of documents given to or created by the inquiry
Power conferred on: OFMDFM
Power exercisable by: Statutory Rule (Rules)
Assembly Procedure: Negative resolution.
OFMDFM considers this power is best placed in rules as it will be required only after the end of the inquiry. It is too early to predict what documents the inquiry may be given or may create and what the most appropriate disposal may be.
Subsection (1)(c) - power to make rules in relation to awards under section 11
OFMDFM may in particular: make provision as to how and by whom the amount of awards is to be assessed, including provision allowing the assessment to be undertaken by the inquiry panel or by such other person as the panel may nominate. It may also make provision for the review of an assessment at the instance of a person dissatisfied with it.
Power conferred on: OFMDFM
Power exercisable by: Statutory Rule (Rules)
Assembly Procedure: Negative resolution.
OFMDFM considers this power is best placed in rules to allow detailed consideration of the matter and discussion with the presiding member as the inquiry is set up.
