Policy background
The Northern Ireland Executive was restored on 12 January 2020 after a period of three years without NI Ministers and during which the Assembly did not sit.
	Political talks took place in 2017, 2018 and 2019 with the aim of restoring the Northern Ireland Executive. The talks involved the Northern Ireland parties and the UK and Irish governments in accordance with the three stranded approach set out in the Belfast (Good Friday) Agreement.
	Political talks concluded in January 2020 with the publication of NDNA by the UK and Irish governments on 9 January. On that basis, NI Ministers were appointed and the Executive was restored.
	The Act aims to make provision for a balanced package of language and identity measures that were committed to as part of NDNA. These aspects of the Act are within the devolved competence of the Northern Ireland Assembly and reflect the package set out in NDNA, which was the subject of talks between the Northern Ireland parties and formed part of the basis on which the Executive was restored in 2020.
	The Act makes provision for public authorities in Northern Ireland to have due regard to the national and cultural identity principles defined in the context of a person’s religious belief, political opinion or racial group. These principles, as defined in the legislation, assert that everybody in Northern Ireland is free to choose, affirm, maintain and develop their national and cultural identity, and express and celebrate that identity in a manner that takes account of the sensitivities of those with different national and cultural identities and respects the rule of law. The principles place a duty on public authorities to encourage and promote reconciliation, tolerance and meaningful dialogue between those with different national and cultural identities with a view to promoting parity of esteem, mutual respect and understanding, and cooperation.
	The Act establishes a body corporate to be known as the Office of Identity and Cultural Expression. The principal aims of the Office are: to promote cultural pluralism and respect for diversity in Northern Ireland; to promote social cohesion and reconciliation between those of different national and cultural identities; to increase the capacity and resilience of people in Northern Ireland to address issues related to differences in national and cultural identity; and to support and promote the celebration of the cultural and linguistic heritage of all people living in Northern Ireland.
	The Act gives official recognition of the status of the Irish language in Northern Ireland. It does so by providing for the appointment of an Irish Language Commissioner; the development of standards of best practice relating to the use of the Irish language by public authorities; and a requirement on public authorities to have due regard for such standards.
	The Irish Language Commissioner provided for in the Act will be appointed to protect and enhance the development of the use of the Irish language by public authorities, including by providing advice and guidance, and introducing, supporting and monitoring the use of best practice language standards. The Commissioner will be appointed by the First Minister and deputy First Minister as a key element of providing, under statute, official recognition of the status of the Irish language in Northern Ireland. The main function of the Commissioner will be to protect and enhance the development of the Irish language.
	The Act also provides for the appointment of a Commissioner for the Ulster Scots and the Ulster British Tradition. The Commissioner will be appointed by the First Minister and deputy First Minister to enhance and develop the language, arts and literature associated with the Ulster Scots and the Ulster British Tradition in Northern Ireland ("the relevant language, arts and literature"). The Commissioner’s remit includes the areas of education, research, media, cultural activities and facilities and tourism initiatives.
	Since the Act’s initial drafting, the Government recognised the Ulster Scots as a national minority under the Framework Convention for the Protection of National Minorities. The Act was amended to reflect the distinction between the Ulster Scots as a recognised National Minority and the Ulster British Tradition in the title and functions of the relevant Commissioner. The references made in the Act to Ulster Scots alone are in strictly linguistic terms, and as such remain unchanged as this provision is not intended to refer to the broader national minority.
	The functions of the Commissioner are to promote awareness of Ulster Scots services provided by public authorities and provide or publish such advice, support and guidance as the Commissioner considers appropriate to public authorities in relation to developing and encouraging the language, arts and literature associated with the Ulster Scots and the Ulster British Tradition. It will promote the visibility of relevant services which are provided by public authorities in Northern Ireland. It will provide advice and guidance to public authorities, including where relevant on the effect and implementation of commitments under the European Charter for Regional and Minority Languages, the European Framework Convention for the Protection of National Minorities, and the United Nations Convention on the Rights of the Child on the relevant language, arts and literature, and investigate complaints where a public authority fails to have due regard to guidance published by the Commissioner in respect of facilitating the use of Ulster Scots in the provision of services to the public.
	The Act includes a duty on the Northern Ireland Department of Education to encourage and facilitate the use and understanding of Ulster Scots in the education system.
	The Act includes exceptional powers should the Secretary of State for Northern Ireland deem it necessary to intervene. The legislation gives the Secretary of State the ability to do anything that a Northern Ireland Minister or Northern Ireland department could do in exercise of an identity or language function. The Secretary of State, should they deem it necessary, could intervene, for example, to appoint either of the Commissioners or the Director and members of the Office of Identity and Cultural Expression, approve best practice standards and direct Northern Ireland Ministers and departments to support appointees and institutions to function effectively, should the First and deputy First Minister be unlikely to complete an appointment process.
	The Act was amended in the House of Lords to make provision for the establishment of the Castlereagh Foundation. To provide funding to establish the Castlereagh Foundation was a UK Government commitment in NDNA that formed part of the package of measures on matters of identity and language which were a matter of negotiation between the Northern Ireland parties in the talks process leading up to January 2020. The Act accordingly gives the Office of Identity and Culture Expression and the Secretary of State the power to establish a body corporate or other organisation by that name, or provide grants for the establishment of such a body. The Castlereagh Foundation must fund and support academic research into identity, including national and cultural identity and shifting patterns of identity, in Northern Ireland.