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3(1)Section 26 of the Constitution Act shall be amended as follows.
(2)For subsection (1) there shall be substituted—
“(1)Subject to subsection (1A) below and to any provision made by Measure, the powers, privileges and immunities of the Assembly and of its members and committees shall be the same as those for the time being held and enjoyed by the House of Commons and its members and committees.
(1A)Neither the Assembly nor its committees shall have power—
(a)to require any person to give evidence, or to produce any papers, relating to any matter other than one in respect of which the Assembly has power to pass a Measure not requiring the consent of the Secretary of State; or
(b)to require any person to give evidence, or to produce any papers, relating to any matter which is or has been within his responsibility as a Minister of the government of the United Kingdom or as an officer of a department under the control of any such Minister.”
(3)After subsection (2) there shall be inserted—
“(2A)An Order in Council under subsection (2) above increasing the salaries or allowances payable to members of the Assembly may be made with retrospective effect.”
4The matters referred to in section 26(IA)(b) of the Constitution Act include any matter which is or has been within the responsibility of the Secretary of State by virtue of paragraph 2 of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 or within the responsibility of an officer of a Northern Ireland department under the control of the Secretary of State by virtue of that paragraph.
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