APN 238 - 22/27: Arrangements for the plenary sitting on Saturday 3 February 2024

The order paper for the sitting on Saturday 3 February includes:

  • the election of Speaker;
  • the election of Deputy Speakers;
  • the appointment of the Business Committee;
  • the appointment of First Minister and deputy First Minister;
  • the filling of the office of the Minister of Justice; and
  • the appointment of Ministers.

This notice sets out relevant procedural information in relation to that business.

Members should note that, if the Assembly does not elect a Speaker and Deputy Speakers with cross-community support as its first item of business, no further business can be conducted and the sitting will therefore be adjourned.

If a Speaker and at least two Deputy Speakers are elected with cross-community support then the Assembly can move on to other business.

Members should also note that if a First Minister and deputy First Minister are not appointed then the office of the Minister of Justice cannot be filled and the appointment of Ministers cannot take place.

The legal position is that if Ministers have not been appointed by the end of 8 February 2024 then, these offices cannot be filled. 

Procedure for the Election of the Speaker – Standing Order 4

  • In line with the provisions of Standing Order 4(8), the chair shall be taken by an Acting Speaker who shall be the oldest member of the Assembly, Mr Alan Chambers.
  • Any Member may rise to propose that another Member is elected as Speaker.  If two or more Members rise to make a proposal the Speaker will look to the largest party first, in accordance with Assembly precedent.
  • The Speaker will then ask for the first proposal to be seconded by another Member and if the proposal is not seconded, there is no valid nomination.
  • Once seconded, the Speaker will verify that the candidate is willing to accept the nomination. There will not be an opportunity for speeches at this stage. 
  • The Speaker will then ask for further proposals and follow the same procedure for each. When there are no further proposals, the Speaker will indicate that the time for proposals has passed and a debate may then take place.
  • Members should indicate their intention to speak in advance to the Business Office or to the Table in the usual way. Members may speak for up to 5 minutes.
  • At the conclusion of the debate, the Speaker will put the question that the first candidate proposed shall be Speaker of the Assembly. The vote will be on a cross-community basis.  As per section 4(5) of the Northern Ireland Act 1998, “cross-community support”, in relation to a vote on any matter, means—
    (a) the support of a majority of the members voting, a majority of the designated Nationalists voting and a majority of the designated Unionists voting; or
    (b) the support of 60 per cent of the members voting, 40 per cent of the designated Nationalists voting and 40 per cent of the designated Unionists voting.
  • If the question is not carried, the Speaker will put the question in relation to the next candidate and so on, until a candidate is elected or all nominations are exhausted. Once a Speaker is elected, all other nominations automatically fall.
  • If a Speaker is elected, he/she will be invited to take the Chair and there will be an opportunity for him/her to address the Assembly briefly. After this, Members will be given another opportunity to speak up to 3 minutes.
  • If a Speaker is not elected, the requirements of section 39 of the Northern Ireland Act 1998 will not have been fulfilled. In that circumstance, no further business on the Order Paper can be taken and the sitting will be adjourned.

Procedure for the Election of Deputy Speakers – Standing Order 5

  • The election will be presided over by the newly elected Speaker.
  • The procedure for electing the three Deputy Speakers is the same as for the Speaker.
  • Any Member may rise to propose that another Member is elected as a Deputy Speaker.  If two or more Members rise to make a proposal the Speaker will look to the largest party first, in accordance with Assembly precedent.
  • The Speaker will then ask for the first proposal to be seconded by another Member and if the proposal is not seconded, there is no valid nomination.
  • Once seconded, the Speaker will verify that the candidate is willing to accept the nomination. There will not be an opportunity for speeches at this stage. 
  • The Speaker will then ask for further proposals and follow the same procedure for each. When there are no further proposals, the Speaker will indicate that the time for proposals has passed and a debate may then take place.
  • Members should indicate their intention to speak to the Business Office or to the Table in the usual way. Members may speak for up to 3 minutes.
  • At the conclusion of the debate, the Speaker will put the question that the first candidate proposed shall be a Deputy Speaker of the Assembly. The vote will be on a cross-community basis.  As per section 4(5) of the Northern Ireland Act 1998, “cross-community support”, in relation to a vote on any matter, means—
    (a) the support of a majority of the members voting, a majority of the designated Nationalists voting and a majority of the designated Unionists voting; or
    (b) the support of 60 per cent of the members voting, 40 per cent of the designated Nationalists voting and 40 per cent of the designated Unionists voting.
  • If the question is not carried, the Speaker will put the question in relation to the next candidate and so on, until three candidates have been elected or all nominations are exhausted. Once three Deputy Speakers have been elected, all other nominations automatically fall.
  • There will be no opportunity for speeches after the Deputy Speakers have been elected.
  • If only one or no Deputy Speaker is elected, the requirements of section 39 of the Northern Ireland Act 1998 will not have been fulfilled. In that circumstance, no further business on the Order Paper can be taken and the sitting will be adjourned.
  • Under section 39 of the Act the current Speaker and Deputy Speaker remain in office until their successors have been elected.
  • An election of Principal Deputy Speaker is not scheduled for this sitting.  It is not necessary to elect a Principal Deputy Speaker in order to allow business to proceed.

Arrangements for appointment of First Minister and deputy First Minister

The offices will be filled in accordance with section 16A of the Northern Ireland Act 1998.

  • To avoid each nominee being asked to read out the terms of the Pledge of Office, the Speaker will commence by asking the Clerk to read the terms of the Pledge of Office into the record.
  • The nomination process will commence with the Speaker, in accordance with section 16C(6)(a) of the Act, inviting the nominating officer of the largest political party, Sinn Féin, to nominate a Member of the Assembly to be First Minister.
  • Sinn Féin’s nominating officer should then state that party’s nomination. The Speaker will ask the person who has been nominated if he/she is willing to take up office and to affirm the terms of the pledge of office.1
  • The Speaker will then, in accordance with section 16C(6)(b), invite the nominating officer of the largest political party of the largest political designation, DUP, to nominate a Member of the Assembly to be deputy First Minister.
  • DUP’s nominating officer should then state that party’s nomination. The Speaker will ask the person who has been nominated if he/she is willing to take up office and to affirm the terms of the pledge of office.1
  • The Speaker will then call on the newly appointed First Minister to address the Assembly. This will be followed by an invitation to the newly appointed deputy First Minister to address the Assembly.
  • A representative from each of the other parties will have an opportunity to speak for up to 3 minutes. It would be helpful if Whips/Party Representatives supplied the Business Office, or came to the Table, with names in advance.
  • When time is up, the Speaker will move on to the next item of business.

Arrangements for filling the Office of Minister of Justice

  • The office will be filled in accordance with the procedures set out in paragraph 3D(4) to (8) in Part 1A of Schedule 4A to the Northern Ireland Act 1998 and Standing Order 44A.
  • The nomination process will commence with the Speaker inviting Members to nominate another Member to hold the office.
  • In accordance with Assembly precedent, if Members rise from more than one party, the Speaker will call the Member from the largest of those parties first to make a nomination.
  • If a member nominating is from a different political party to that of their nominee, the nomination is only valid if the nominating officer of the nominee’s party consents to it.
  • The nomination must take effect and the person nominated must affirm the terms of the pledge of office and take up the office within 30 minutes, unless the person nominated or another Member asks the Assembly to approve an extension to the time limit and the Assembly approves this.
  • Once one Member has been nominated, no further nominations may be made unless the nomination does not take effect or the nominated person does not take up the office.
  • The person nominating a Member will have an opportunity to say a few words in support of their nomination and then a debate may take place with Members having up to 3 minutes to speak. [NB whole process must not exceed 30 minutes]
  • The nomination will only take effect if it is supported on a cross-community basis with parallel consent as follows:
    1. A majority of the members present and voting on the motion;
    2. A majority of the designated Nationalists present and voting; and
    3. A majority of the designated Unionists present and voting.
  • The nominee will be deemed to have taken up the office once he or she has affirmed the terms of the pledge of office.[1]
  • Nominations will continue to be taken by repeating the process until the office is filled.
  • As the Northern Ireland Act 1998 requires that the office of the Minister of Justice is filled before the filling of other ministerial offices, the next item of business, Appointment of Ministers, will not proceed if the filling of the office of Minister of Justice is unsuccessful.

Arrangements for the appointment of Ministers

  • The appointment of Ministers will be run in accordance with the procedures set out in subsections 18(2) to 18(8) of the Northern Ireland Act 1998 and Standing Order 44.
  • Party nominating officers will be asked in order of the d’Hondt formula to select first an available Ministerial office and then nominate a member of their party to hold it.
  • The Speaker will ask the nominee to confirm that they accept the nomination and to affirm the terms of the pledge of office1.  The Speaker will then declare that they have taken up office.
  • The person must affirm the terms of the pledge of office and take up office within 15 minutes of being nominated, unless the Assembly approves a request for an extension to the time limit.
  • In accordance with Standing Order 45A, where a party is entitled to nominate a person to hold Ministerial office and declines to do so, that party may choose to be recognised as part of the official opposition.
  • If a nominating officer indicates that their party does not wish to nominate a person to hold Ministerial office, the Speaker will invite the nominating office of the next party on the d’Hondt list to select a Ministerial office and then nominate a member of their party to hold it. 
  • When all Ministerial positions have been filled, the Speaker will ask any parties that declined to take up Ministerial office having been invited to do so, if they choose to be recognised as an official opposition.
  • There will be no speaking opportunities.

[1] I confirm that I am willing to take up the Office of Minister of/for ………………………………, and I affirm the terms of the Pledge of Office as set out in Schedule 4 to the Northern Ireland Act 1998.

Written Assembly Questions

  • Written Assembly Questions may be tabled as soon as Ministers are appointed. The deadline for tabled questions is 3pm.

Private Members’ Bills

  • Following the election of a Speaker and Deputy Speakers, it will be for the new Speaker to determine the Assembly process for handling Private Members’ Bills (PMBs) for the remainder of the 2022-2027 mandate. This will include consideration of the recommendations arising from the Committee on Procedures’ Inquiry on PMBs, as approved by the Assembly on 14 March 2022.
  • Revised guidance for the new mandate will issue to all Members to advise on the arrangements for PMBs in due course. This will include the timeframe for the opening of the Assembly-supported PMB service, guidance on the submission of initial proposals and broader information on how the process will operate.
  • It is important to emphasise the PMB service does not operate on a ‘first come first served’ basis on the first sitting day. There is no need for Members to queue at the Bill Office or to rush to submit proposals- the Speaker’s communication to Members will set out the process.
  • No initial proposals for PMBs accessing Assembly support can be submitted until the service is officially opened by the Speaker.
  • In relation to the submission of PMBs for Introduction in the remainder of the mandate, it is anticipated that a new Speaker will consider the matter at an early opportunity after taking office. No PMBs will be processed for Introduction until the Speaker has determined the procedural approach, which will be communicated to Members as soon as practicable.
  • Members may, however, wish to contact the Bill Office for general information on the legislative process, including PMBs. The Bill Office is happy to advise on a range of matters, including procedural guidance on legislation.

Catering arrangements

  • The Blue Flax Restaurant will be serving from 9.00am and remain open until half an hour after the sitting adjourns. The Speaker’s Corner will also be open.

Access to Stormont Estate

  • All Members, other building users and visitors are asked to note that the Department of Finance has arranged for the gates of the Stormont Estate at Massey Avenue and Stoney Road to be opened from 9am to 5pm on Saturday 3rd February 24, to vehicular traffic making its way to Parliament Buildings for the sitting of the Assembly later that day.
  • Anyone requiring access to the Estate prior to 9am on the day will be able to use the Massey Avenue entrance (only) where the gates will be opened upon request as usual. All persons are also advised to ensure that they are in possession of either Assembly ID passes or other photographic ID for production to Department of Finance security at the gates as required.
  • It should also be noted that sitting day parking restrictions will apply. The lower East car park will be available.