Commentary on provisions of Act Section 1: National and Cultural Identity
Section 1 inserts a new Part 7A (sections 78F to 78I) and Schedule 9A in the Northern Ireland Act 1998.
	Section 78F makes provision for "national and cultural identity principles" and requires specified public authorities (see below) to have due regard to them when exercising their functions, with reference to a person’s religious belief, political opinion or racial group.
	A "public authority" is defined by reference to Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 although the new Office of Identity and Cultural Expression itself (which is added to Schedule 3 by section 8) is not included in that definition.
	The First Minister and deputy First Minister may by regulations (subject to the draft affirmative procedure in the Northern Ireland Assembly) add public authorities to, or remove public authorities from, that definition. They may also do this for a particular purpose or in relation to a particular function. For example, if a public authority was to be required to have regard to the national and cultural identity principles only in respect of certain functions, then provision for this can be made. The power to add authorities only applies to public authorities within the devolved competence of the Northern Ireland Assembly and is not applicable to institutions in reserved or excepted areas.
	Section 78G establishes a new Office of Identity and Cultural Expression ("the Office") and section 78H sets out the aims of the Office and confers functions on it. In particular, the Office is required to promote awareness of the national and cultural identity principles and monitor and encourage compliance with them. It will, for example, be able to publish guidance on best practice for complying with the new duty and commission research into matters relating to national and cultural identity in Northern Ireland, including at the request of either of the new Commissioners that are established by the Act. The First Minister and deputy First Minister are able to direct the Office in relation to the Commissioner’s functions.
	New section 78I, as amended in the Lords, makes provision for further functions of the Office of Identity and Cultural Expression to establish the Castlereagh Foundation. The Office may establish a body corporate or other organisation to be known as the Castlereagh Foundation, or provide grants for the establishment of such a body or organisation by another person. This body will be financially and operationally independent of the Office once established.
	The principal objective of the Castlereagh Foundation will be the funding and support of academic research into identity, including national and cultural identity and shifting patterns of identity in Northern Ireland. This provision reflects the relevant NDNA commitments. Consistent with the powers provided to the Secretary of State in the Act, section 7 also makes provisions for the Secretary of State to establish the Castlereagh Foundation as set out in paragraph 58 below.
	Schedule 9A makes provision in respect of the Office itself. It deals with matters such as membership (the Office is a body corporate), appointment of its Director by the First Minister and deputy First Minister, appointment of its staff and how it is to be funded.