- Event type: CREATE
Northern Ireland Brooke/Mayhew Talks 1991-1992
WORK IN PROGRESS - IN THE FINAL STAGES OF EDITING A series of talks launched by Peter Brooke, Secretary of State for Northern in Ireland, which began in April 1991, and were carried on intermittently by Brooke and his successor, Patrick Mayhew, until November 1992.
Political Structures Sub-Committee
Editor's Note: This sub-Committee was initially commissioned by the Plenary to discuss proposals for new political structures in Northern Ireland. By 26 May, the Talks have run into difficulty and the Business Committee sets a fresh agenda and terms of reference for the sub-Committee. It is asked to focus on the impasse in the Talks, and it is agreed that minutes will not be taken or papers circulated beyond the membership of the sub-Committee and the Party Leaders. As there appears to be continuity within the Committee rather than a complete reconstitution, we model the sessions from 27 May as being part of the same sub-Committee. Records for this later period are, however, more scarce since formal minutes were no longer produced.
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Session 14250: 1992-06-10 09:00:00
Meetings of the Sub-Committee in two Sub-Groups continue.
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DUP Paper: Weighted Majorities and Thresholds
ANNEX C3
DUP SUBMISSION
WEIGHTED MAJORITIES AND THRESHOLDS
8TH JUNE 1992
This brief paper considers some of the areas for which the referral mechanism could be triggered and it also looks at the options for setting off override procedures.
In facing this subject we must remember that constitutionally any Assembly or Panel would be ultimately subject to the U.K. Parliament. This has always been the position as Section 75 of the 1920 Act emphatically maintained the supreme authority of the U.K. Parliament over Northern Ireland notwithstanding the existence of Stormont.
So by virtue of the very nature of devolving powers within the U.K. Westminster has constitutional override powers which can never be diminished.
Nonetheless if other mechanisms are employed with the agreement of Westminster then Parliament need not intervene.
We feel most strongly that to bestow upon a Panel or the Secretary of State unrestricted powers particularly of review and direction would be a recipe for the one thing which above all else must be avoided in any new structure in Northern Ireland, namely instability. Such would undermine the system and good and efficient government would be severely jeopardised.
In relation to a referral from the Assembly which could be to the Panel we are assuming that this would be a replacement for the principle enshrined in Section 18 (2) of the 1973 Act which gives this power to the Secretary of State in respect of proposed legislation.
We would prefer that if 35% of those who are elected to the Assembly sign a petition seeking a referral of a legislative or executive decision the mechanism would be activated and the Panel could consider the merits underlying the petition. We do enter a concern that we must be careful that we do not open the floodgates to frivolous referrals and an exploitation of the process for obstructionist purposes.
Likewise when weighted majorities are necessary for purposes which shall be specified i.e. election of Speaker and highly contentious measures this should be by 65% of those elected to the Assembly.
Decisions yet to be taken
- DUP Paper: Weighted Majorities and Thresholds (introduced on 1992-06-10 09:00:00 - CREATE - e899432) [This document]
Document Timeline
- DUP Paper: Weighted Majorities and Thresholds (introduced on 1992-06-10 09:00:00 - CREATE - e899432) [This document] [view current proposal at this moment]