Policy background
There has been no Northern Ireland Executive since 9 January 2017, when the then deputy First Minister of Northern Ireland resigned, which also resulted in the First Minister ceasing to hold office. The period for the appointment of ministers to form an Executive after the extraordinary Assembly election in March 2017 was extended to 29 June (by the Northern Ireland (Ministerial Appointments and Regional Rates) Act 2017), but no ministers were appointed. The Northern Ireland Assembly has not met since its first post-election meeting on 13 March 2017.
	In the absence of a sitting Assembly the continued payment of full salaries for MLAs has been the subject of intensive public comment. There is, however, no body or person capable of making determinations on MLA pay and allowances: the term of office of the first Independent Financial Review Panel, which fulfils that function, expired in July 2016 and no successor panel has been appointed. In November 2017, the then Secretary of State for Northern Ireland asked Trevor Reaney, a former clerk and chief executive of the Assembly, to provide him with advice on salaries and allowances for MLAs in the current circumstances. This advice - which was published on 20 December 2017 on the Northern Ireland Office website (see Related Documents) - included a series of recommendations about the appropriate level of salary, allowances and other expenses for MLAs and officeholders.
	This Act enables the Secretary of State to determine the salary and allowances payable to MLAs during the current period where there is no Executive. It also enables her to make a determination as to the allowances or gratuities that are payable to MLAs who cease to hold office (MLAs are, for example, entitled to a resettlement allowance based on their salary as at the date of dissolution). The Secretary of State may only exercise the power in the period after this Act is passed and before Ministerial offices are filled following the March 2017 election. Any determination may, however, also apply during similar periods where there is no Executive, unless revoked by a later panel determination. When there is an Executive in place, the 2016 determination will apply again as normal.