Commentary on Sections Sections 3, 4 and 5: Dual Mandates
18.These sections prevent a member of the Northern Ireland Assembly (a Member of the Legislative Assembly or “MLA”) from holding office simultaneously as a MLA and a member of the House of Commons or the Dáil Éireann (the lower house of the Irish Parliament). Insofar as it relates to the Commons, this practice, commonly known as “double jobbing” has been the source of some criticism, particularly in the wake of the expenses scandal. In its 2009 report on ‘MPs’ Expenses and Allowances: Supporting Parliament, safeguarding the taxpayer’, the Committee on Standards in Public Life examined the issue and came to the following conclusions:
12.18The holding of multiple mandates, or ‘double jobbing’ as it is known in Northern Ireland, appears to be unusually ingrained in the political culture there because of:The legacy of ‘the Troubles’, which discouraged many individuals from getting involved in politics, leaving it to a small minority to participate. The recent history of political instability, which led the political parties to be fearful of giving up seats in Westminster in case the local devolution settlement collapsed, as it has more than once already. 12.19The Committee expressed the view in Chapter 11 of this report that MPs should not be prohibited from earning income from limited activity outside the House of Commons, provided that the activity does not interfere with the primary role as an MP, is completely transparent to electors and does not present a conflict of interest.12.20We do not think these conditions are met in the case of multiple mandates. There is transparency – the issue has been widely aired in the Northern Ireland media. But the Committee questions whether it is possible to sit in two national legislatures simultaneously and do justice to both roles, particularly if the MP concerned holds a ministerial position in one of them.”
19.The Committee went on to recommend ‘that the practice of holding dual mandates in both the House of Commons and the devolved legislatures should be brought to an end as soon as possible. Ideally that would happen by the time of the scheduled elections to the three devolved legislatures in May 2011, or failing that by 2015 at the very latest.’ Former Secretary of State for Northern Ireland Owen Paterson pledged to bring an end to the procedure in 2011, and his commitment was reiterated by the current Secretary of State Theresa Villiers in 2012.
20.In examining this issue following the publication of a draft Bill for pre-legislative scrutiny in February 2013, the House of Commons’ Northern Ireland Affairs Committee highlighted what they perceived as an anomaly between the treatment being proposed for MPs, and those who were members of other legislatures – saying that it would be ““illogical, and potentially inflammatory, to establish a position whereby a member of the UK Parliament was excluded from being an MLA but a member of any other legislature was not”. The Government believes that there are legitimate distinctions to be drawn between membership of the House of Commons and the other legislatures highlighted by the Committee, but accepts that it would be sensible to make provision to ensure that a dual mandate cannot be held which permits someone to sit concurrently in the Northern Ireland Assembly and Dáil Éireann, the lower House of the Irish Parliament.