Order Paper

After Standing Order 42 insert –

'42A. Legislative Consent Motions

(1)        A legislative consent motion is a motion which seeks the agreement of the Assembly to the United Kingdom Parliament considering provisions of a Bill which deal with a devolution matter.

(2)        A legislative consent memorandum shall be laid in respect of any devolution matter for which a legislative consent motion is proposed. 

(3)        A legislative consent memorandum may include the Bill and any explanatory notes attached to the Bill and shall include -

(a)        a draft of the legislative consent motion;

(b)        sufficient information to enable debate on the legislative consent motion;

(c)        a note of those provisions of the Bill which deal with a devolution matter; and

(d)        an explanation of –

(i)         why those provisions should be made; and

(ii)        why they should be made in the Bill rather than by Act of  the Assembly.

(4)        The Minister whom the devolution matter concerns shall, normally not later than 10 working days after the relevant day, either -

(a)        lay a legislative consent memorandum before the Assembly; or

(b)        lay a memorandum before the Assembly explaining why a legislative consent motion is not sought.

(5)        A member of the Assembly other than the Minister whom the devolution matter concerns may lay a legislative consent memorandum but shall not do so until 

(a)        the Minister has laid a legislative consent memorandum under paragraph (4)(a);

(b)        the Minister has laid a memorandum under paragraph (4)(b); or 

(c)        the 10 working days provided for in paragraph (4) have expired.

(6)        Upon a legislative consent memorandum being laid before the Assembly, those provisions of the Bill dealing with a devolution matter shall stand referred to the appropriate statutory committee unless the Assembly shall order otherwise.

(7)        The committee may, within 15 working days from the date of referral, consider those provisions of the Bill which deal with a devolution matter and report its opinion thereon to the Assembly.

(8)        A legislative consent motion shall not normally be moved until at least -

(a)        5 working days after publication of the committee report; or

(b)        20 working days after the date of referral to the committee.

(9)        A subsequent legislative consent motion may be moved if appropriate, having regard to the nature of any amendment dealing with a devolution matter made, or proposed to be made, to the Bill.   Paragraphs (4) to (8) shall not apply to that motion.

(10)     In this order a “devolution matter” means -

(a)        a transferred matter, other than a transferred matter which is ancillary to other provisions (whether in the Bill or previously enacted) dealing with excepted or reserved matters;

(b)        a change to -

(i)         the legislative competence of the Assembly;

(ii)        the executive functions of any Minister;

(iii)       the functions of any department.

(11)     In this order the “relevant day” means -

(a)        in respect of a Bill other than a Private Member’s Bill -

(i)         the day the Bill is introduced in the United Kingdom Parliament; or

(ii)        the day the Bill  completes the stage in the United Kingdom Parliament during which an amendment is made to the Bill which makes it a Bill to which this order applies;

(b)        in respect of a Bill which is a Private Member’s Bill -

(i)         the day the Bill completes the first stage at which it may be amended in the House of the United Kingdom Parliament in which it was introduced; or, if later,

(ii)        the day the Bill completes the stage in the United Kingdom Parliament during which an amendment is made to the Bill which makes it a Bill to which this order applies.

(12)        This order does not apply in respect of Bills which are consolidation Bills or Statute Law   Revision Bills.'

             Chairperson, Committee on Procedures

3.    Question Time

3.1       Regional Development

3.2       Social Development

4.    Adjournment       

• A24 Ballynahinch Bypass

Mr S Hamilton