Direct Rule contains three types of legislation:
Excepted: Matters always beyond the remit of any devolved administration e.g. currency and foreign policy.
Reserved: Matters that concern issues such as policing they would not normally be the responsibility of a devolved local assembly.
Transferred: These are neither excepted or reserved and are the responsibility of a local assembly.
Under Direct Rule there are two ways in which laws are passed by either acts of parliament or by ministerial decree which take 40 days to become law after being sent to parliament.
Many see the name ‘Direct Rule’ as a misnomer as there are many things that ‘dilute’ it. Two examples come along with legislature. There is an Inter-Governmental Conference held between the British and Irish governments at this conference the matters in Northern Ireland are discussed between the governments and amended until an agreement is upheld. This dilutes the strengths of the Secretary of State as he cannot make a law without agreements from both governments. Another way a law can be stopped is through Judical review at Westminster as if there is a law that violates human rights etc. then it can be stopped by Judical review.
There are other things known as reasons of why direct rule is a misnomer. Direct Rule is run by the Secretary Of State and not by Westminster meaning it is not directly ruled from Westminster. In Northern Ireland each province has their own City Council, which controls some of the things occurring in their province meaning that the S.O.S. does not control everything meaning that all of Northern Ireland is not directly ruled in all matters.
Direct Rule is usually looked upon as a weakness rather than a strength although it does have both strengths and weaknesses. The strengths would be that it is an acceptable second choice as the alternate to the old unionist one party rule. Now there is little to no discrimination with more discussion regarding matters through the Inter Governmental Conference etc. stopping discrimination against the minority. The weaknesses are that it is temporary, provides democratic deficit, and has no local accountability. Basically the state itself has little or no consultative role in the running of the state. Northern Ireland has no choice in who governs them as there are no elections between the British politicians (conservative, labour and liberal democrats).
I see Direct Rule as a weakness as a devolved government is far more efficient and suitable for a state that wishes to decide its own future.
