Commentary on Sections Section 7: Extension of Assembly Term
42.The Fixed Term Parliaments Act 2011 introduced fixed-term elections to the Westminster parliament. As a result, the next Westminster election will be in May 2015, then every five years thereafter.
43.The Scottish Parliament and National Assembly for Wales raised concerns that the May 2015 date clashed with elections to their respective institutions. During Second Reading in the House of Lords on 29 March 2011, Lord Wallace of Tankerness commented on the position of the devolved legislatures: ‘Northern Ireland Office Ministers are conducting separate discussions with the parties in Northern Ireland on this issue and have concluded that it would be better to await the outcome of the combined polls scheduled for May this year before deciding whether special provision would be needed for Northern Ireland.’ 1 March 2011 Hansard 934
44.The Scottish Parliament and National Assembly for Wales subsequently passed resolutions (on 3 March 2011 and 16 March 2011, respectively) calling for the rescheduling of the elections to 5 May 2016. The Government introduced provision in the Fixed Term Parliament Act to lengthen the term of the Scottish Parliament and Welsh Assembly elected in 2011 until 2016. No legislative provision was made at that time in relation to the Northern Ireland Assembly.
45.On 12 June 2012 Northern Ireland’s First Minister Peter Robinson, deputy First Minister Martin McGuinness and Justice Minister David Ford wrote to then-Secretary of State Owen Paterson making clear their view that they wished to see the current term of the Northern Ireland Assembly extended until May 2016, in common with the Scottish Parliament and Welsh Assembly elections.
46.The Act further provides for the Assembly to move to five-year fixed terms, in common with the changes made to the cycle for Westminster elections through the Fixed-Term Parliaments Act. This also reduces the potential for clashes between scheduled Westminster and Assembly elections in the future. The move to five year fixed terms will also take effect on the next Assembly elections in 2016. This will schedule the subsequent Assembly election for 2021 and so avoid a clash with the 2020 Westminster poll.
47.Section 7(1) therefore amends section 31 of the 1998 Act, such that elections will be held on the first Thursday in May on the fifth calendar year following that in which its predecessor was elected, rather than the fourth. Subsection (2) means that this amendment will take effect for the current Assembly term as well as future terms, with the effect that the current term will be extended by one year.