PRACTICE NOTES
How has decision making in Northern Ireland been carried out since the passing of the Northern Ireland Act 1998?
To answer this, recall the wider devolution framework for Northern Ireland. The Belfast Agreement envisaged not just a Northern Ireland Assembly, but also the creation of a North/South Ministerial Council and a British-Irish Council.
Under the Northern Ireland Act 1998 (NIA 1998), law-making for specified ‘transferred matters’ is vested in the Assembly. ‘Excepted matters’ remain the responsibility of the UK Parliament, while ‘reserved matters’ also stay there pending potential devolution at a later stage. As an illustration, policing and justice were in the reserved category until their devolution to the Assembly in 2010. See also Practice Note: The mechanics of devolution.
Although an Assembly met in shadow form from 1998, full operation began in late 1999. It was then suspended for several months in 2000, on two
Public Law