Executive Legislation Programme 2024

Updated procedures for managing public health emergencies, the establishment of a permanent Fiscal Council and the potential closure of the Renewable Heat Incentive (RHI) are amongst the Executive’s legislative priorities for the remainder of 2024, a programme described as “anti-climatic” by the Opposition.

In June 2024, almost halfway through the calendar year, First Minister Michelle O’Neill MLA and deputy First Minister Emma Little-Pengelly MLA published the Northern Ireland Executive’s Legislation Programme for 2024.

Described as “thin” by the SDLP’s Matthew O’Toole MLA, the Leader of the Opposition said that the outline of legislation to be taken forward by the Executive in the remainder of the year fell “weakly short” from a number of pledges of action made by ministers to the Assembly since the Executive reformed in February.

Acknowledging that many of the measures contained in the legislative programme are “overdue”, the Executive Office said that the 2024 programme was a “more than substantial one than normal” for a single year and added the assessment that it was a “very challenging one”.

In a written ministerial statement, the first and deputy first ministers emphasised that the programme only included measures which had been developed enough to permit their introduction by the end of the year, and does not represent all of the ministerial legislative intentions for the remainder of the mandate in 2027.

The extent of the bills set to be introduced vary in stature, ranging from plans to legislate for a public inquiry into mother and baby institutions, Magdalene laundries and workhouses, to ‘housekeeping’ bills, necessary for the annual financial cycle such as budget bills.

Executive Office

First announced as part of a statement to the Assembly in November 2021, the First and deputy First Minister have signalled their intention to introduce a bill that will establish a statutory public inquiry to investigate mother and baby institutions, Magdalene laundries and workhouses between 1922 and 1995. In addition, the Bill will include provision for a redress service.

Communities

The Minister has signalled his intention to progress four bills in total by the end of 2024. The Defective Premises Bill is awaiting royal assent, having completed the final stage on 2 July, following its introduction under accelerated passage. In response to recent attempts to have claims by residents in Belfast’s Victoria Square Apartment Complex struck out on the basis of limitation, the Bill aims to reform the limitation periods for claims related to defective or damaged buildings, aligning with legislative provisions in the rest of the UK.

Two other bills which have also been introduced to the Assembly include the Pensions (automatic enrolment) Bill, enabling the Department for Communities regulation-making powers to extend the scope of the current automatic enrolment of jobholders into pension schemes, and the Child Support Enforcement Bill will make provision for the enforcement of child support maintenance and other maintenance to maintain parity with UK legislation.

Finally, the Minister intends to introduce a bill which will guarantee access to services through British and Irish sign language.

Economy

Although details are lacking on a Renewable Heat Incentive (RHI) Scheme Bill, with the legislative programme simply stating that the Bill will “make provisions for the future of the scheme”, it is expected that the Bill will enact the pledge made in the 2020 New Decade, New Approach agreement that would see “RHI closed down and replaced by a scheme that effectively cuts carbon emissions”.

Also energy related, a utility regulator decarbonisation powers bill is set to provide a new function for the Utility Regulator to “enable it to support the Department for the Economy in the delivery of the Executive’s energy strategy”. The Bill will essentially update the Regulator’s legislative framework for operations, and better reflect the importance of net zero and the implementation of the energy strategy.

The Economy Minister has also set out his intention to alter some of his Department’s financial powers, including enabling the use of Financial Transactions Capital and the power to form companies, however it is noted that these measures may instead form part of a Financial Provisions Bill to be brought forward by the Minister of Finance.

Finance

A Financial Provisions Bill will “reconcile several routine financial matters across departments”, and a Budget (No. 2) Bill was introduced via accelerated passage on 1 July 2024. Outside of ‘housekeeping’ legislation, the Minister has signalled her intention to introduce a Fiscal Council Bill to establish the NI Fiscal Council on a permanent, statutory basis. Set up in 2021 to align with New Decade, New Approach commitments, the Council will have an overarching role in bringing greater transparency and independent scrutiny to the current and future condition of Northern Ireland’s public finances, to inform public debate and policy decisions.

Agriculture, Environment and Rural Affairs

The provision of powers to enable the Department to “transition from, substantially alter, or end the EU legacy Fruit and Vegetable Aid and EU Food Information and Promotions Schemes, as they apply to Northern Ireland,” forms the basis of an intended Agriculture Bill. Meanwhile a Dilapidation Bill will empower local councils to better tackle dilapidated and dangerous sites through enforcement powers.

Health

Alongside the already introduced and enacted Hospital Parking Charges Act (2024), which postpones the banning on charging money for parking vehicles in hospital car parks for two years, the Health Minister intends to introduce a Public Health Bill, to replace the over 50 years old Public Health Act (Northern Ireland) 1967. The Bill will legislate for better management of 21st century public health emergencies, and is a direct response to learnings from the Covid-19 pandemic.

Also on the health agenda is an Adult Protection Bill, intentions for which were first announced in 2020. Following two separate investigations into failings at Dunmurry Manor Care Home, the Bill will “introduce additional protections to underpin and strengthen the adult protection process and align this with best practice in other jurisdictions”.

Justice

Yet to be fully named, the Minister for Justice has indicated her intention to bring forward a multifaceted Justice Bill. Alongside legislative provision relating to the retention of fingerprints and DNA profiles, the Executive office address mentions provisions around child bail, remand, and custody, but gives no further detail. Similarly, it says that the Bill will include other new provisions relating to the separation of children and adults in custody, as well as “various other matters” about which is does not include details.

Infrastructure

A wide-ranging Water, Flooding and Sustainable Drainage Bill is the sole legislative intention for 2024 outlined by the Minister for Infrastructure. The Bill will be informed by a consultation launched in March 2022 by a previous minister. The consultation proposed sizeable changes to the powers if NI Water and the Department and the proposed bill is proposed to provide new and additional powers across seven areas of water, flooding and drainage legislation.