Northern Ireland Constitution Act 1973 facts for kids
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| Long title | An Act to make new provision for the government of Northern Ireland |
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| Citation | 1973 c. 36 |
| Introduced by | William Whitelaw, Northern Ireland Secretary |
| Territorial extent | Northern Ireland |
| Dates | |
| Royal assent | 18 July 1973 |
| Commencement | 18 July 1973 |
| Other legislation | |
| Amended by |
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Status: Amended
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| Text of statute as originally enacted | |
| Text of the Northern Ireland Constitution Act 1973 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Northern Ireland Constitution Act 1973 is a law passed by the UK Parliament. It became official on 18 July 1973 when it received royal assent (the King or Queen's approval). This Act made big changes to how Northern Ireland was governed. It got rid of the old Parliament of Northern Ireland and the job of Governor. Instead, it set up a new way for Northern Ireland to govern itself, with a government (called an Executive) chosen by the new Northern Ireland Assembly. This Assembly had been created earlier that year as part of the Sunningdale Agreement.
Contents
Northern Ireland's Place in the UK
When the Republic of Ireland left the British Commonwealth, the UK Parliament passed the Ireland Act 1949. This Act said that Northern Ireland would stay part of the United Kingdom unless its own Parliament agreed to leave. This idea was not popular with the Irish government or with people in Northern Ireland who wanted to be part of a united Ireland.
Because the 1973 Act got rid of Northern Ireland's Parliament, it changed how Northern Ireland's status was decided. Instead of the Parliament, it would now be up to the people of Northern Ireland to vote. The Act stated that Northern Ireland would remain part of the UK unless a majority of its people voted to leave in a special poll (a public vote).
A similar vote had already happened on 8 March 1973. In that vote, 98.9% of people who voted wanted to stay part of the UK. However, many people who wanted a united Ireland did not take part in the vote. The 1973 Constitution Act said that another vote could not happen for at least ten years. If a vote showed that Northern Ireland should stay in the UK, another vote couldn't be held for another ten years after that.
Later, the Northern Ireland Act 1998 changed these rules. It said that a vote should happen if it seems likely that people would vote for a united Ireland. It also shortened the time between votes to seven years.
Stopping Unfair Treatment
Part III of the Act focused on preventing unfair treatment based on a person's religious beliefs or political opinions. It made it clear that any existing laws from Northern Ireland's old Parliament, or any new laws passed by the new Assembly, would be invalid if they treated people unfairly because of their religion or politics.
It also made it illegal for the new government (the Executive) or any government body to treat someone unfairly, or to encourage others to do so, based on their religious or political beliefs. Unfair treatment meant treating someone worse than others in the same situation.
The Act also created the Standing Advisory Commission on Human Rights (SACHR). This group was set up to advise on human rights issues.
Ending the Old Parliament and Governor's Role
The Parliament of Northern Ireland had been temporarily stopped in 1972. The 1973 Act now permanently closed it down. The people who worked for the old Parliament were moved to work for the new Northern Ireland Assembly.
The job of Governor of Northern Ireland was also ended. The Governor's duties were not given to a new person. Instead, most of them were taken over by the Secretary of State for Northern Ireland, who is a UK government minister. The power to appoint or remove the Director of Public Prosecutions for Northern Ireland (who decides if serious crimes should go to court) was given to the Attorney General for Northern Ireland.
How Northern Ireland Would Govern Itself (Devolution)
The idea of Devolution (where Northern Ireland would govern itself on certain matters) would only begin if a new government (the Executive) could be formed. This Executive needed to have the support of the Assembly and be accepted by most people in Northern Ireland.
The Act listed two types of matters:
- Excepted matters: These were areas where the Northern Ireland Assembly was not allowed to make laws.
- Reserved matters: These were areas that the Secretary of State for Northern Ireland could transfer to the Assembly's control if they thought it was right.
Excepted Matters
Some of the main areas the Northern Ireland Assembly could not make laws about included:
- The King or Queen (the monarchy)
- The UK Parliament in Westminster
- International relations (except for some dealings with the Republic of Ireland)
- Matters covered by the European Communities Act
- The armed forces
- Serious crimes like treason
- Nationality and immigration rules
- Existing taxes
- The appointment or removal of judges
- Elections
- Money, like coins and banknotes
- Special powers to deal with terrorism or serious threats to the government.
The Executive (Government)
The new government, called the Northern Ireland Executive, was to be led by a chief executive. It could have up to eleven other members, including the heads of different government departments. The chief executive was also the "Leader of the Assembly."
New members of the Executive had to take an oath (a serious promise) or make an affirmation. They promised to uphold the laws of Northern Ireland and do their duties in the best interests of Northern Ireland and its people.
