Disqualification of Members

In regards to whether an MLA can be disqualified from office for an offence;

 1.    Section 36 of the Northern Ireland Act 1998 provides for the disqualification of Members.

Section 36(4) provides that:

“A person is disqualified for membership of the Assembly if he is disqualified for membership of the House of Commons otherwise than under the House of Commons Disqualification Act 1975”

 2.    Amongst the ways a person may be “otherwise” disqualified for membership of the House of Commons is under     section 1 of the Representation of People Act 1981 (‘the 1981 Act’). Section 1 of the 1981 Act provides that a person sentenced or ordered to be imprisoned or detained indefinitely or for more than one year, shall be disqualified for membership of the House of Commons while detained.

 3.    By section 36(4) of the 1998 Act a person disqualified from the Commons is disqualified from the Assembly. Therefore any person imprisoned or detained indefinitely, or for more than one year, would be disqualified from membership of the Assembly for the duration of this detention.

 4.    Under section 37(1) (b) of the 1998 Act, if a person becomes disqualified he shall vacate his seat.