Procedure
The Assembly has three primary mechanisms to ensure effective power-sharing:
- in appointing ministers to the Executive (except for the Minister of Justice), the d'Hondt system is followed so that ministerial portfolios are divided among the parties in proportion to their strength in the Assembly. This means that all parties with a significant number of seats are entitled to at least one minister;
- certain resolutions must receive "cross community support", or the support of a minimum number of MLAs from both communities, to be passed by the Assembly. Every MLA is officially designated as either nationalist, unionist or other. The election of the Speaker, any changes to the standing orders and the adoption of certain money bills must all occur with cross-community support. The election of the First and Deputy First Ministers previously occurred by parallel consent but the positions are now filled by appointment; and
- any vote taken by the Assembly can be made dependent on cross-community support if a petition of concern is presented to the Speaker. A petition of concern may be brought by at 30 or more MLAs. In such cases, a vote on proposed legislation will only pass if supported by a weighted majority (60%) of members voting, including at least 40% of each of the nationalist and unionist designations present and voting. Effectively this means that, provided enough MLAs from a given community agree, that community (or a sufficiently large party in that community) can exercise a veto over the Assembly's decisions.
The Assembly has the power to call for witnesses and documents, if the relevant responsibility has been transferred to its remit. Proceedings are covered by privilege in defamation law.
Each MLA is free to designate themselves as nationalist, unionist or other as they see fit, the only requirement being that no member may change their designation more than once during an Assembly session.
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