158 General Principles of Constitutional and Administrative Law

thinks that a bill is outside the competence of the Assembly he must

refer it to the Secretary of State and it cannot proceed. The Attorney-

General can also refer a bill to the Privy Council (s. 11).

Unlike the case in Scotland where this is a matter for the Presiding

Officer, the Secretary of State submits bills for Royal Assent. He can

refuse to submit a bill if he thinks it is outside the competence of the

Assembly or contains provisions incompatible with international

obligations, the interests of defence or national security, the protection

of public safety or public order, or would have an adverse effect on the

operation of the single market within the UK (s. 14).

‘Excepted’ and ‘reserved’ matters are listed in schedules 2 and 3. The

Assembly cannot legislate on excepted matters unless ancillary to other

matters. It can legislate on reserved matters and on ancillary matters

only with the consent of the Secretary of State (ss. 6, 8). Excepted and

reserved matters include the following politically sensitive matters:

criminal law and procedure and fugitive offenders; election law; pub-

lic order; national security; the police; emergency powers; defence;

nationality and immigration; firearms and explosives; weapons of mass

destruction; the administration of justice and the appointment and

removal of judges; financial, intellectual property and genetic regula-

tion; the activities of social security and child support commissioners;

the membership, powers, privileges and immunities of the Assembly.

Disputes about the competence of the Northern Ireland Assembly and

other public authorities are dealt with in broadly the same way as in

Scotland. The courts have jurisdiction over devolution issues culminat-

ing in the Privy Council and can declare Acts of the Assembly invalid.

However, the Secretary of State can make an order remedying an ultra

vires Act (s. 80).

Executive power remains with the Queen who is empowered to act

through ministers (s. 23). The system lacks the discretionary power

available to a UK prime minister to appoint or dismiss other ministers

or dissolve the legislature. Instead there is a tightly controlled bi-

partisan arrangement. The first minister and deputy first ministers are

elected jointly by the Assembly from its members. This requires not

only a majority of the Assembly as a whole but also separate majorities

of unionists and nationalists (s. 16). The first and deputy first ministers

hold office until a new election subject to both losing office if either

resigns or ceases to be a member of the Assembly. Subject to a maxi-

mum of 10, which can be increased by the Secretary of State (s. 17 (4)),

and to the approval of the Assembly, the first and deputy first ministers

jointly decide on the number of Northern Ireland ministers heading

departments and forming a cabinet. Northern Ireland ministers are

159

Federalism and Devolution

then nominated by the political parties from members of the Assembly

in accordance with the balance of parties in the Assembly (s. 18).

A minister can be dismissed by his or her party nominating officer

and loses office on ceasing to be a member of the Assembly other than

after a dissolution (s. 18). Ministers collectively loose office when a

new Assembly is elected, where a party is excluded on a vote of

confidence, where a new determination as to the number of ministers

is made or as prescribed by standing order (ibid.). There are also

junior ministers appointed and dismissed by the chief and deputy chief

ministers subject to Assembly approval (s. 19). Ministers and politi-

cal parties can be excluded for up to 12 months (renewable) by the

Assembly on the ground that they are not committed to peace or have

otherwise broken their oath of office (s. 30). The motion must have the

support of at least 30 members (of a total of between 96 and 108) and

must be moved by the first and deputy first ministers jointly or by the

presiding officer of the Assembly if required to do so by the Secretary

of State. The Secretary of State must take into account the propensity

to violence and co-operation with the authorities of the excluded

person. The resolution must have cross-party support.

By virtue of s. 16 (10) ministers must take a pledge of office which