PROCEEDINGS IN ASSEMBLY IMPOSING CHARGE ON PUBLIC FUNDS OR FOR IMPOSING TAXATION (Hansard, 20 June 1973)

§ Captain Orr

There is one small point on which I should like elucidation.

The clause provides that No vote, resolution or Measure shall be passed by the Assembly making charges, and so on, except in pursuance of a recommendation from the Head of the Department of Finance for Northern Ireland signified to the Assembly by him or by a member of the Northern Ireland Executive authorised by him. It is possible that the head of the Department of Finance would not be one of the chairmen of committees. He might be an appointed person—appointed, presume- 782 ably, by the Secretary of State, after consultation. I do not quite know how he would be appointed. Why should the power be confined in this sense to the head of the Department of Finance? For example, in the House of Commons only the Government can propose certain charges. The Opposition cannot; nor can a private Member. One understands that. An amendment that I put down, but which was not selected, would have deleted the reference to the head of the Department of Finance and replaced it by reference to the Northern Ireland Executive. I wonder why this provision is confined so tightly to the head of the Department of Finance. It seems unsual. Is there a good reason for it?

§ Mr. David Howell

The reason for it derives from the practice of the House of Commons, which requires that Bills or resolutions creating new and distinct charges on public revenue require the approval of the Crown, which is signified by Treasury Ministers. Under the 1920 Act, there was a similar procedure for Northern Ireland. Clause 14 simply carries forward to the new Assembly that very important safeguard for the public purse. But the Bill says that this would normally be done by the approval or with the authority of the Department of Finance.

This is conveniently achieved by specifying its head as the normal member of the Executive to signify the recommendation. Another member of the Executive could act for him under authorisation and it is not for the Government or for the Bill to decide that. The Executive would ensure that any recommendation about expenditure was handled in accordance with its agreed overall strategy.

As drafted the clause simply allows the important procedure which is our practice at Westminster and was the practice of Stormont to be continued and sets out the arrangements by which this must be done. It does not necessarily force or commit the Assembly to a specific person to ensure that this authority is given any more than we are tied in this House by the specific Minister, although the practice is that it is a Treasury Minister.