Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016

8 Undertaking by members of the Assembly U.K.

(1) Before section 41 of the Northern Ireland Act 1998 (standing orders) insert—

“40A Undertaking by members

(1) A member of the Assembly shall not—

(a) participate in any proceedings of the Assembly, or

(b) have any of the other rights and privileges enjoyed by members of the Assembly who have taken their seats,

until he or she has given the following undertaking:

“I undertake:

— to support the rule of law unequivocally in word and deed and to support all efforts to uphold it;

— to work collectively with the other members of the Assembly to achieve a society free of paramilitarism;

— to challenge all paramilitary activity and associated criminality;

— to call for, and to work together with the other members of the Assembly to achieve, the disbandment of all paramilitary organisations and their structures;

— to challenge paramilitary attempts to control communities;

— to support those who are determined to make the transition away from paramilitarism;

— to accept no authority, direction or control on my political activities other than my democratic mandate alongside my own personal and party judgment.”

(2) Standing orders shall provide for the procedure for giving the undertaking.

(3) The procedure may not specify a day or period of time after which members are prohibited from giving the undertaking.

(4) Subsection (1) applies to a person on each occasion when he or she becomes a member of the Assembly.”

(2) In section 77 of that Act (unlawful oaths etc), after subsection (3) insert—

“(3A) Subsection (1) is subject to the requirement in section 40A for a member of the Assembly to give the undertaking set out there.”

(3) Schedule 2 (undertaking by Assembly members: transitional provision) has effect.