10.Section 2 inserts a new section 19A in the 1998 Act. This section places restrictions on the offices which a member of the Northern Ireland Assembly who is also a Minister in the Government of Ireland or the chairman or deputy chairman of committees of the Irish legislature may hold. A member of the Northern Ireland Assembly holding such an office may not stand for election as First Minister or as deputy First Minister, or be elected as such, or be nominated to hold a Ministerial office or appointed as a junior Minister.
Provision for the election of First Minister and deputy First Minister by the Northern Ireland Assembly is made in section 16 of the 1998 Act. The provisions regarding nomination for Ministerial office are dealt with in section 18 of that Act and those regarding the appointment of junior Ministers in section 19 of that Act.
11.In addition, section 2 provides that a member of the Northern Ireland Assembly who is a Minister in the Government of Ireland or chairman or deputy chairman of committees of the Irish legislature may not be nominated under paragraph 7 of Schedule 1 to the Police (Northern Ireland) Act 2000 to the Northern Ireland Policing Board.
The Northern Ireland Policing Board is established by section 2 of the Police (Northern Ireland) Act 2000. Paragraph 7 of Schedule 1 to that Act provides for the nomination of members of the Northern Ireland Assembly as political members of the Board.
Commentary on Clauses Section 2: Disqualification for certain offices which may be held by members of the Northern Ireland Assembly