Debate contribution: Standing Order 59A

Debate contribution by Ms Kellie Armstrong on 26 November 2024.

MLA

Ms Kellie Armstrong

Party at the time

Alliance Party

Date

26 November 2024

Type

Debate contribution

Business

Committee Business

Heading

Standing Order 59A

Assembly identifier

Official Report component 4677316

Read the official Assembly record

Text

Thank you, Mr Deputy Speaker. On behalf of the Committee on Procedures, I am pleased to introduce a new Standing Order, which recognises the Windsor Framework Democratic Scrutiny Committee as a Standing Committee of the Assembly and provides for substitute members of that Committee to assist it in fulfilling its statutory functions within the strict time frames within which it must operate. In March 2024, the Windsor Framework Democratic Scrutiny Committee wrote to the Committee on Procedures highlighting the issue that, whilst it had been established as a Standing Committee under the Windsor Framework (Democratic Scrutiny) Regulations 2024, it was not provided for in Standing Orders, unlike other Assembly Standing Committees, and asked that work be undertaken to draft a Standing Order to address that. The Windsor Framework Democratic Scrutiny Committee also outlined the point that, given its statutory functions and time scales, as set out in schedule 6B to the Northern Ireland Act 1998, it was likely that the Committee would be required to meet during periods of recess and, potentially, more than once a week.

It, therefore, asked the Committee on Procedures to undertake, as a priority, exploratory work to identify options that would provide in Standing Orders for substitute members, including rules on substitution and proxy voting for that Committee. The Committee on Procedures subsequently agreed to consider provision, including substitute members and/or proxy voting, in Standing Orders for the Windsor Framework Democratic Scrutiny Committee as one of a number of key areas of work to be progressed this year. Over the past few months, the Committee has given detailed consideration to those issues and liaised with the Windsor Framework Democratic Scrutiny Committee by way of correspondence and a very helpful meeting with the Chairperson and Deputy Chairperson of that Committee on the development of the Standing Order before the Assembly today. While keen to move forward quickly on the matter to assist the Windsor Framework Democratic Scrutiny Committee, we have also been mindful of the need to explore carefully the implications of the various issues and have sought legal advice where appropriate.

I turn now to the detail of the Standing Order. Paragraphs (1), (2) and (3) provide for the Windsor Framework Democratic Scrutiny Committee and recognise its purpose and functions:

"to assist with the observation and implementation of Articles 13(3a) and (4) of the Windsor Framework",

as set out in schedule 6B to the Northern Ireland Act 1998. That approach is similar to that adopted for other Standing Committees in Standing Orders, while also recognising that the establishment of the Committee and its functions are already provided for in schedule 6B. Paragraph (4) of the Standing Order highlights the Committee's section 44 powers. It is not essential for the Standing Order to cover the Windsor Framework Democratic Scrutiny Committee's section 44 powers, given that they are provided for in paragraphs 5(1) and 5(2) of schedule 6B to the Northern Ireland Act 1998. However, to ensure consistency with the existing Standing Orders for the other Standing Committees, the Committee on Procedures is of the view that it is important to reference those powers in the Standing Order. Paragraph (5) outlines that membership of the Committee:

"shall be determined in accordance with Standing Order 52."

Standing Order 52 sets out the procedures for membership of Standing Committees and applies to the establishment of the Windsor Framework Democratic Scrutiny Committee in this mandate. Paragraph (6) enables each member of the Committee to appoint a substitute member and sets out a number of requirements for the substitute. Those requirements include that they must be a Member of the Assembly, must be of the same political party as the appointing member and must not already be a member of the Committee or nominated as a substitute for any other member of the Committee. The one-member-to-one-substitute approach recognises the quorum required by the Windsor Framework Democratic Scrutiny Committee to make decisions, which is five members. Paragraphs (7) and (8) provide for a substitute member to attend a meeting of the Committee when the nominating member is absent and to undertake the full functions of the nominating member, including voting during the proceedings of the Committee meeting. The process to be followed for nominating a substitute member, including timescales and other practical administrative arrangements, will be set out in guidance to be agreed by the Windsor Framework Democratic Scrutiny Committee. Such operational details do not need to be included in the Standing Order. Setting them out in guidance provides greater flexibility to amend them if necessary. Paragraphs (9) and (10) set out the arrangements for chairing a meeting in the absence of the Chairperson and the Deputy Chairperson. If the Chairperson is absent, the Standing Order confirms that the Deputy Chairperson will chair the meeting rather than any substitute member appointed by the Chair. If both the Chairperson and the Deputy Chairperson are absent, the oldest member present who is not a substitute member will chair the meeting. The provisions provide the necessary clarity on the chairing arrangements when substitute members are appointed. Finally, paragraph (11) is an interpretation provision. Before I finish my remarks as Committee Chairperson, I will briefly comment on the Windsor Framework Democratic Scrutiny Committee's request for the provision of proxy voting in addition to substitute members. Legal advice provided to the Committee set out the need for the Windsor Framework Democratic Scrutiny Committee to diligently discharge its functions and outlined potential risks associated with the provision of proxy voting for that Committee. Having considered the advice, the Committee on Procedures agreed not to include it in the Standing Order, noting that the provision of substitute members would provide flexibility for the Committee without incurring the potential risks identified in relation to proxy voting. Assuming that the Standing Order is agreed by the Assembly today, we will undertake a review in autumn 2025 in conjunction with the Windsor Framework Democratic Scrutiny Committee of the provision of substitute Members and whether the provisions, together with the availability of remote attendance facilities for Committee meetings, are sufficient to enable that Committee to effectively discharge its statutory functions.

It was discussed at Committee at some length in one of our meetings. To be honest, it was the Member's DUP colleague who proposed that it be the oldest Member. We considered how it would go forward, but, as this is part of the rules of the House — for instance, when the Speaker, in between times, was the oldest Member — it was felt then by Members unanimously at the Committee that "the oldest Member" would be put into Standing Orders. Assuming that the Standing Order is agreed by the Assembly today, we will undertake a review in autumn 2025 with the Windsor Framework Democratic Scrutiny Committee to ensure that the facilities provided for substitute Members and remote access are sufficient to enable that Committee to effectively discharge its statutory functions. I am pleased that we have been able to progress this work and bring forward the new Standing Order, which recognises the Windsor Framework Democratic Scrutiny Committee as a Standing Committee of the Assembly and assists it to fulfil its statutory functions through the provision of substitute Members. I will speak briefly in my capacity as an individual MLA and say that I recognise just how busy the Windsor Framework Democratic Scrutiny Committee is. It is one of the busiest Standing Committees, given how often it meets. It is right that the Committee on Procedures does not review the internal operational workings of that Committee. However, I believe that it would be useful to have and that there should be a review of the Committee structures by the Assembly Commission and the independent body to recognise the fact that this is a Standing Committee that sits during recess. It sits many times. There are a lot of legal requirements and statutory duties on that Committee to vote for legal matters. It is time to recognise that there are some Committees of the House that are recognised as Standing Committees, not Statutory Committees, but carry just as much of a burden.

1,349 words. Text as published by the Northern Ireland Assembly.

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