3.The Commission is a body corporate established by section 40 of the Northern Ireland Act 1998 (‘the 1998 Act’) to perform functions conferred on the Commission by virtue of any enactment or by resolution of the Assembly. Section 40(4) requires the Commission to provide the Assembly, or ensure that the Assembly is provided, with the property, staff and services required for the Assembly’s purposes.
4.Section 47 of the 1998 Act requires the Assembly to pay salaries to Members, permits the Assembly to pay allowances to Members, and provides that the function of determining the salaries or allowances to be paid can be delegated to a body established by Act of the Assembly or conferred on the Commission by a resolution of the Assembly. Section 48 of the 1998 Act permits the Assembly to provide for the payment of pensions, gratuities or allowances to former Members and former office holders and makes similar provision for delegation.
5.The Assembly Members (Independent Financial Review and Standards) Act (Northern Ireland) 2011 (‘the 2011 Act’) established the Independent Financial Review Panel (‘the IFRP’) and conferred on it the power to make determinations in relation to Members’ salaries and allowances and the pensions, gratuities and allowances of former Members and former office holders.
6.Current salaries payable to Members are fixed by the Assembly Members (Salaries and Expenses) Determination (Northern Ireland) 2016 as amended. Pensions payable to former office holders and former Members are fixed by the Assembly Members (Pensions) Determination (Northern Ireland) 2016. These determinations were made by the IFRP.
7.On 30 June 2020, the Assembly conferred on the Commission, by resolution, the function of determining the allowances payable to Members and affirmed that the salaries and pensions of Members should be determined by an independent body. Current allowances payable to Members are fixed by the Assembly Members (Office and Staffing Costs and Allowances) Determination (Northern Ireland) 2025, made by the Commission.
Background and Policy Objectives