Volume 9: Wales, Scotland and Northern Ireland
Part 3: Northern Ireland
13. Statutory framework and responsibilities
The constitutional and legislative framework ¹

13.1 Between 1921 and 1972 Northern Ireland had a devolved government within the United Kingdom, with responsibility for a wide range of regional and domestic matters. A number of matters affecting the UK as a whole continued to be dealt with from Westminster, which retained supreme authority over the Province. The Heads of the various NI Ministries were Ministers in the NI Government who sat in the Northern Ireland Parliament and were politically answerable there for those Ministries.

13.2 In 1972, however, the United Kingdom Parliament in Westminster prorogued the Parliament of Northern Ireland and imposed direct rule. ² In 1973 the Northern Ireland Constitution Act abolished the Parliament of Northern Ireland, ³ and the Northern Ireland Assembly Act replaced the Parliament with an Assembly. The former Ministries were renamed Departments. The Heads of Departments became members of a Northern Ireland Executive answerable to the Assembly. However, these arrangements collapsed a few months later.

13.3 The Assembly was itself prorogued in May 1974. ⁴ Under powers conferred by the Northern Ireland Act 1974, the Assembly was later dissolved in March 1975, ⁵ and direct rule from Westminster was reimposed, and remained in place throughout the period covered by the Report. The Northern Ireland Act conferred the functions of the Heads of Departments on the Departments themselves, which were then placed under the direction and control of the Secretary of State for Northern Ireland, a Minister in the UK Government. The NI Departments, however, continued to be staffed by a separate Northern Ireland Civil Service, which was not part of the civil service in Great Britain.

13.4 The Northern Ireland Constitution Act 1973 divided the potential fields of legislation and administration into three categories: excepted matters, reserved matters and transferred matters. Excepted matters were those which were properly the remit of central government in Whitehall and would remain so, such as defence, international relations, nationality, nearly all taxes and coinage. Reserved matters included the Courts, police, public order and trade, and it was envisaged that such matters would eventually become the responsibility of the Departments. Transferred matters were to be administered solely by the Departments, reflecting Northern Ireland's different legislative history and requirements, and administrative structure. Diseases of animals, agricultural production and food safety all fell within the definition of transferred matters.

13.5 Many United Kingdom Acts also applied to Northern Ireland, but the usual method of making specific NI legislation was in the form of 'Orders in Council' made under the 1974 Act. ⁶ Although these were clearly secondary legislation, delegated by Parliament, they were treated in effect as primary legislation, and subordinate legislation could be made under them. The two Orders in Council under which all of the BSE legislation was made were the Diseases of Animals (NI) Order 1981 and the Food (NI) Order 1989. Each of these Orders in Council conferred upon the relevant Department the power to make whatever Orders or Regulations were necessary to give effect to their provisions. ⁷ Thus the BSE Orders and Regulations could be made by the Department concerned and signed by its Secretary or Assistant Secretary.