Cross-community vote

{{short description|Form of voting used in Northern Ireland}} {{Use dmy dates|date=April 2022}} {{Politics of Northern Ireland}} A '''cross-community vote''' or '''cross-community support''' is a form of voting used in the Northern Ireland Assembly according to the provisions of the 1998 Good Friday Agreement.<ref>[http://www.adalah.org/newsletter/eng/may05/ar2.pdf Minority Veto Rights in Power Sharing Systems: Lessons from Macedonia, Northern Ireland and Belgium] {{Webarchive|url=https://web.archive.org/web/20100223172623/http://www.adalah.org/newsletter/eng/may05/ar2.pdf |date=2010-02-23 }} by Shane Kelleher</ref> It requires the support of both main communities in Northern Ireland, in other words majority of unionists ''and'' the majority of nationalist members of the Assembly.<ref name=NIA98-4.5>{{cite web | url= http://www.legislation.gov.uk/ukpga/1998/47/section/4 | title= Section 4 (5), Northern Ireland Act 1998: Transferred, excepted and reserved matters | publisher= Government of the United Kingdom | website= legislation.gov.uk | date= 4 October 2016 | access-date= 18 October 2019 | archive-date= 27 November 2019 | archive-url= https://web.archive.org/web/20191127191354/http://www.legislation.gov.uk/ukpga/1998/47/section/4 | url-status= live }}</ref> Among other reasons, it arises when the '''petition of concern''' procedure is invoked.

== Background == Upon taking their seats members of the Northern Ireland Assembly are required to designate themselves as either "unionist", "nationalist" or "other".<ref name=NIA-SO>{{cite web | url= http://www.niassembly.gov.uk/assembly-business/standing-orders/standing-orders/#a3 | title= Standing Orders as amended 4 October 2016: Section 3 | publisher= Northern Ireland Assembly | website= niassembly.gov.uk | date= 4 October 2016 | access-date= 18 October 2019 | archive-date= 18 October 2019 | archive-url= https://web.archive.org/web/20191018193630/http://www.niassembly.gov.uk/assembly-business/standing-orders/standing-orders/#a3 | url-status= live }}</ref> Members may change their designation of identity only if they become a member of a (different) political party or they cease to be a member of any political party.<ref name=NIA-SO />

The election of the Speaker,<ref>{{cite web |url=http://www.legislation.gov.uk/ukpga/1998/47/section/39 |title=Section 39, Northern Ireland Act 1998: Presiding Officer. |publisher=Government of the United Kingdom |website=Legislation.gov.uk |access-date=26 May 2013 |archive-date=3 August 2012 |archive-url=https://archive.today/20120803193059/http://www.legislation.gov.uk/ukpga/1998/47/section/39 |url-status=live }}</ref> appointment of the Minister of Justice, any changes to the standing orders<ref>{{cite web |url=http://www.legislation.gov.uk/ukpga/1998/47/section/41 |title=Section 41, Northern Ireland Act 1998: Standing orders. |publisher=Government of the United Kingdom |website=Legislation.gov.uk |access-date=26 May 2013 |archive-date=5 August 2012 |archive-url=https://archive.today/20120805083159/http://www.legislation.gov.uk/ukpga/1998/47/section/41 |url-status=live }}</ref> and the adoption of certain money bills must all occur with cross-community support.

This was originally set out in the Northern Ireland Act 1998.

===Petition of concern=== {{blockquote |text=The Petition of Concern is a mechanism whereby 30 MLAs can petition the Assembly requiring a matter to be passed on a cross-community rather than a simple majority basis. Under the Belfast (Good Friday) Agreement, it is one of the 'safeguards' in Strand One as a mechanism "to ensure key decisions [in the Assembly] are taken on cross-community basis". The requirement to enable a Petition of Concern is given effect in the Northern Ireland Act 1998 and in the Assembly's standing orders. |source= Fourth Report on the Use of the Petition of Concern Mechanism in the Northern Ireland Assembly<ref name="Fourth report">{{cite report |title=The Fourth Report on the Use of the Petition of Concern Mechanism in the Northern Ireland Assembly |date=January 2022 |publisher=Secretary of State for Northern Ireland |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1054277/PoC_report_4.pdf |access-date=1 March 2023 }}</ref> }}

Votes in the assembly do not ordinarily require cross-community support. However, if a "petition of concern" is raised successfully about proposed legislation or executive action, the speaker must call a cross-community vote. For a petition to be raised successfully, at least 30 of the 90 members from at least two parties (counting all independent signers of a petition of concern who were elected as independents as members from different parties) must sign the petition.<ref name=NIA98-42>{{Cite legislation UK |type=act |year= 2022 |chapter=2 |act=Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 |section= 6 |date= 8 February 2022 |accessdate=1 March 2023 }} The Act also recognises the right of non-Party MLAs to participate.</ref>

In a cross-community vote, the majority of unionists' ''and'' the majority of nationalists' votes are each required to pass a motion put to the assembly.<ref name=NIA98-42 /> By October 2019, petitions of concern had been tabled 159 times since 1998; they have been used on same-sex marriage, abortion and censure of politicians.<ref>{{cite web | url = https://www.theguardian.com/politics/2019/oct/03/what-are-the-concerns-over-stormonts-role-in-proposed-brexit-deal | title = What are the concerns over Stormont's role in proposed Brexit deal? | newspaper = The Guardian | author = Lisa O'Carroll | date = 3 October 2019 | access-date = 6 October 2019 | archive-date = 6 October 2019 | archive-url = https://web.archive.org/web/20191006022901/https://www.theguardian.com/politics/2019/oct/03/what-are-the-concerns-over-stormonts-role-in-proposed-brexit-deal | url-status = live }}</ref>

Section 42 of the 1998 Act (as amended by the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022) declares that {{blockquote|text=(6) Standing orders must—{{ubli|style=margin-left: 2em; font-size: initial |(a) make provision with respect to the procedure to be followed in presenting and confirming a petition under this section (which may include provision specifying a minimum period between the presentation of the petition and the time when the vote on the matter to which it relates would take place if not postponed by the petition); |(b) provide that the matter to which a petition under this section relates may be referred, in accordance with paragraphs 11 and 13 of Strand One of the Belfast Agreement, to the committee established under section 13(3)(a); |(c) specify further matters that may not be the subject of a petition under this section, for the purposes of fully implementing paragraph 2.2.4 of Annex B of Part 2 of The New Decade, New Approach Deal; |(d) make provision for such steps to be taken during the consideration period as may be necessary for the purposes of fully implementing paragraph 2.2.7 of Annex B of Part 2 of The New Decade, New Approach Deal.<ref name=NIA98-42 />}}}}

Arising from the St Andrews Agreement, an "Assembly and Executive Review Committee" was set up. Among its Terms of Reference, the committee was to consider "provisions for voting on an Ad Hoc Committee on Conformity with Equality Requirements prior to the vote on a Petition of Concern". It also "considered the possibilities of restricting Petition of Concern to certain key areas, changing the 30 MLA threshold, and alternatives to Petitions of Concern (e.g. a weighted majority vote). There was no consensus on any of the issues."<ref name=CAJ118>{{cite web | url= https://s3-eu-west-1.amazonaws.com/caj.org.uk/2018/01/25104406/S469-CAJ-Briefing-Petition-of-Concern-Jan-20181.pdf | title= Implementing the 'Petition of Concern' | publisher= Committee on the Administration of Justice | date= January 2018 | access-date= 26 October 2019 | archive-date= 6 October 2019 | archive-url= https://web.archive.org/web/20191006195428/https://s3-eu-west-1.amazonaws.com/caj.org.uk/2018/01/25104406/S469-CAJ-Briefing-Petition-of-Concern-Jan-20181.pdf | url-status= live }}</ref>

In January 2020, negotiations between Northern Ireland's political parties and with the UK Government led to the New Decade, New Approach agreement, in which the parties agreed to greater restraint in their use of the Petition mechanism and to raise the threshold for its use.<ref name="Fourth report" /> This agreement was set in law through the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022.

== Procedure == According to the standing orders of the assembly, "after the signing of the Roll a Member may enter in the Roll a designation of identity, being Nationalist, Unionist or Other. A Member who does not register a designation of identity shall be deemed to be designated Other for the purposes of these Standing Orders."<ref name=NIA-SO />

=== Designations === {| class="wikitable" style="margin: 1em auto 1em auto" |- bgcolor=cccccc !Designations!!1998!!2003!!2007!!2011!!2016!!2017 !2022 |- |- || Unionist || 58 || 59 || 55 || 56 || 56 || 40 || '''37''' |- || Nationalist || 42 || 42 || 44 || 43 || 40 || 39 || '''35''' |- || Other || 8 || 7 || 9 || 9 || 12 || 11 || '''18''' |} ''Note: These figures include the assumed designation of the Speaker who, having a non-partisan role, does not officially declare a designation. Note also the effect of the Reduction of Numbers Act, which partly accounts for the significant changes in 2017.''

== Parties == List of current and previous assembly parties by designation.

=== Unionist === {| class="wikitable" border="1" style="width:20em; margin:0 0 1em 1.5em;" |- | {{Party name with colour|Democratic Unionist Party}} || 1971–present |- | {{Party name with colour|NI21}}<ref group="FN" name="ni21">Designated as 'Unionist' until the 2016 Northern Ireland Assembly election; planned to be designated as 'Other' following it but stood no candidates.</ref> || 2013–2016 |- | {{Party name with colour|Northern Ireland Unionist Party}} || 1999–2008 |- | {{Party name with colour|Progressive Unionist Party}} || 1979–present |- | {{Party name with colour|UKIP}} || 1993–present<ref group="FN" name="ukip">UKIP have not contested an election in Northern Ireland since 2017.</ref> |- | {{Party name with colour|UK Unionist Party}} || 1995–2008 |- | {{Party name with colour|Ulster Unionist Party}} || 1905–present |- | {{Party name with colour|Traditional Unionist Voice}} || 2007–present |- | |United Unionist Coalition || c. 2000–2012 |}

=== Nationalist === {| class="wikitable" border="1" style="width:20em; margin:0 0 1em 1.5em;" |- | {{Party name with colour|Sinn Féin}} || 1905/1970–present |- | {{Party name with colour|Social Democratic and Labour Party}} || 1970–present |- | {{Party name with colour|Aontú}} || 2019–present |}

=== Other === {| class="wikitable" border="1" style="width:20em; margin:0 0 1em 1.5em;" |- | {{Party name with colour|Alliance Party of Northern Ireland}} || 1970–present |- | {{Party name with colour|Green Party in Northern Ireland}} || 1983–present |- | {{Party name with colour|Northern Ireland Women's Coalition}} || 1996–2006 |- | {{Party name with colour|People Before Profit Alliance}} || 2005–present |}

==Footnotes== {{Reflist|group=FN}}

== References == {{Reflist}}

== External links == * {{Official website|http://www.niassembly.gov.uk}} *[http://www.polisci.upenn.edu/ppec/PPEC%20People/Brendan%20O'Leary/publications/Journal%20Articles/New_Left_review_nature_british_irish_agreement.pdf "The Nature of the British-Irish Agreement"] by Brendan O´Leary *[https://www.opsi.gov.uk/acts/acts1998/ukpga_19980047_en_1 Northern Ireland Act 1998] * {{cite news| url= https://www.bbc.co.uk/news/uk-northern-ireland-23247074 | title = Petitions of concern: Is Stormont's safeguard system being abused? | author = Gareth Gordon |publisher = BBC News | date = 9 July 2013 | access-date= 6 October 2019}} * {{cite web| url= https://qpol.qub.ac.uk/the-problem-with-petitions-of-concern/ | title = The Problem with Petitions of Concern | author = Dr Alex Schwartz | publisher = Queen's Policy Engagement at Queen's University Belfast | date= 26 May 2015 | access-date= 6 October 2019}} * {{cite web | url = https://caj.org.uk/2018/01/22/implementing-petition-concern-caj-briefing-note-january-2018-s469/ | title = Implementing the 'Petition of Concern' – CAJ Briefing Note | publisher = Committee on the Administration of Justice | date = January 2018 | access-date = 6 October 2019}}

Category:Northern Ireland Assembly Category:Northern Ireland peace process Category:Parliamentary procedure Category:Power sharing