Private Members’ Bills Reform

Tara O’Neill takes a look at recent changes to Private Members’ Bills introduced by Speaker Edwin Poots MLA earlier this week in the Assembly.

What is a Members’ Bill?

Bills that are introduced by an individual MLA are known as a Private Member’s Bill. Private Members’ Bills offer backbenchers the chance to introduce legislation independently of the Executive departments.

Private Members’ Bills are a useful means of bringing about legislative change on issues that are of considerable interest to MLAs. These Bills require cross-community and cross-party support to succeed.

The demand for Private Members’ Bills has steadily increased over recent mandates. From January 2020 to March 2022, ten Private Member Bills (out of twenty that were introduced) completed the legislative process to become Acts. This marks a significant increase from the seven bills passed throughout the entire duration of the 2011-2016 mandate.

Reform of Members’ Bills

On Tuesday 7 May, Speaker Edwin Poots MLA published the arrangements for Members’ Bills for the current mandate, 2022-2027. The Speaker announced that submissions for Private Members’ Bills will open on May 13 until July 5.

A pivotal review of the Members’ Bill Process in March 2022 led to several recommendations from the Committee on Procedures, aimed at managing the volume of Bills. On Tuesday, the Speaker outlined key points of the review in his introduction of reforms to enhance Members’ Bills. These reforms aim to ensure that legislative proposals are well-developed, properly scrutinised, and well-balanced with Executive legislation.

  • Extension of Public Consultation Period: The Speaker has extended the required public consultation period on Bills from eight to twelve weeks. An extended period of eight weeks is now provided for engagement between an MLA developing a Bill proposal and the relevant Minister.

  • Retained Support and Allocated Resources: The Assembly Commission will continue to allocate appropriate resources to support Members' Bills. However, this support is contingent upon compliance with minimum procedural requirements and ensuring that proposed legislation is well-developed and of appropriate scope. Mr Poots highlighted that provision of resources cannot be a “blank cheque.”

  • Narrow and Specific Policy Proposals: Members are encouraged to develop proposals for legislation that are narrow, specific, and confined to a scale suitable for a Member's Bill. This ensures that proposed legislation addresses specific issues effectively without overburdening the legislative process.

  • Final Deadline for Introduction: A final deadline of the end of June of the penultimate session of the mandate (June 2026 in this case) has been set for the introduction of Members' Bills. This deadline provides clarity and ensures timely consideration of proposed legislation.

  • Minimum Procedural Requirements: All Members' Bills, whether developed with Assembly support or drafted independently, must comply with minimum procedural requirements. This ensures consistency and transparency in the legislative process.