Why do some UK bills have more than one Legislative Consent Memorandum or Legislative Consent Motion?
There are two reasons why a UK bill might give rise to more than one legislative consent memorandum or legislative consent motion.
The first is when the UK bill relates to devolution matters that are within the remit of more than one Northern Ireland Executive Minister. Where this is the case, a legislative consent memorandum may be laid by each Northern Ireland Executive Minister in relation to the devolution matters within their remit. The Northern Ireland Troubles (Legacy and Reconciliation) bill is an example of this, with legislative consent memorandums being laid by the Northern Ireland Executive Minister of Justice and the Northern Ireland Executive Minister for Communities.
The second reason relates to what happens to the UK bill in the course of its passage at Westminster. Sometimes during the passage of a UK bill through Parliament an amendment on a devolution matter, on which the Assembly’s legislative consent has not previously been sought, will be proposed or made. In such cases, a subsequent legislative consent motion may be debated if the Northern Ireland Executive Minister whom the devolution matter concerns is seeking the Assembly’s legislative consent to the changes to the bill.
The provisions in Standing Orders 42A (4) to (8), relating to the laying of a memorandum and the timeframe for same, its referral to the relevant committee and the timeframe for the committee to report its opinion, and the timeframe for the moving of a legislative consent motion do not apply to a subsequent legislative consent motion.
However, although not required by the Assembly’s standing orders, it is good practice to lay a subsequent legislative consent memorandum to inform the Assembly on the matters for debate on a subsequent legislative consent motion and, time permitting, to allow time for committee consideration and reporting prior to a debate on a subsequent legislative consent motion.
