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press release
Monday February 05, 2007 16:05
by Seán Ó Murchú - Sinn Féin Poblachtach - Cork
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Comments (4 of 4)
Jump To Comment: 1 2 3 4How will the RSF candidates get around the political test oath disowning the IRA, NFE and CNB?
Its not required for the assembly. Good luck to RSF , give the people of the six a Republican alternative.
Are you sure about that?
Ruairí Ó Brádaigh, President Republican Sinn Féin • 27.11.03
The final outcome of the Stormont assembly election indicates a deadlock as far as the Agreement is concerned. Republican Sinn Féin said at the outset five-and-a-half years ago that the Agreement was not a settlement and would not work in the medium to long-term.
Because it was debarred from the election by the political test oath required of candidates for nomination, Republican Sinn Féin called for either a boycott of the polls or a spoiling of votes.
We would not (a) disown publicly the organisations of the Republican Movement and (b) deny the right of the Irish people to resist English rule in Ireland and were therefore excluded from what was not a free and fair election.
Ruairi seems to have got it wrong.
The governing legislation is the Elected Authorities (NI) Act 1989 (link attached).
The legislation requires that any candidate for the local government elections (section 3) or the Northern Ireland Assembly (section 5) must have filed a declaration in the terms of the political test oath. However, the Assembly referred to is not the Assembly created by the 1998 Agreement (obviously).
The Northern Ireland (Elections) Act 1998 created the body that we now know as the Assembly although its full title was the New Northern Ireland Assembly. The Northern Ireland Act 1998 later that year then changed the name of the Assembly to simply the Northern Ireland Assembly, but the Assembly in the 1989 Act is clearly a different body.
There is no requirement in the Northern Ireland (Elections) Act 1998 or in any subsequent legislation to require candidates for the new Assembly to take the oath.
Perhaps if Ruairi had realised this RSF could have contested earlier elections.
RSF candidates will however have to be described as Independent on the ballot papers, as only parties that register with the Electoral Commission can have their party name on the ballot paper. I understand that RSF policy is that they refuse to register with the British authorities and therefore cannot register as a registered political party. This will also restrict access to party political broadcasts and also limit the amount of money that can be spent on campaigning (although i doubt RSF's current funds would make this a problem in any event)