Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 19 October 2018

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 1 to 19 and NC1 to NC6

 

Committee of the whole House


 

Northern Ireland (Executive Formation and


 

Exercise of Functions) Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 

 


 

Nigel Mills

 

15

 

Parliamentary Star    

Clause  1,  page  1,  line  16,  at end insert—

 

“(4A)    

If the period mentioned in section 16(A)(3) of the Northern Ireland Act 1998, as

 

modified by subsection (1), ends without the Ministerial offices having been

 

filled section 32 of the Northern Ireland Act 1998 has effect as if for subsection

 

(3) there were substituted—

 

“(3)    

The Secretary of State shall within 7 calendar days of the end of the

 

period mentioned in in section 16(A)(3) set a date for the poll for the

 

election of the next Northern Ireland Assembly. The date set shall be no


 
 

Notices of Amendments: 19 October 2018                  

2

 

Northern Ireland (Executive Formation and Exercise of Functions) Bill , continued

 
 

later than 3 calendar months after the end of the period mentioned in

 

section 16(A)(3).”

 

Member’s explanatory statement

 

This amendment would require elections in Northern Ireland to be called if Ministerial offices are

 

not filled by 26 March 2019.

 


 

Dr Andrew Murrison

 

1

 

Parliamentary Star    

Clause  2,  page  2,  line  20,  leave out paragraph (b)

 

Member’s explanatory statement

 

This amendment would prevent the Secretary of State from extending the deadline for appointment

 

of Northern Ireland Ministers without the approval of Parliament.

 


 

Mr Steve Baker

 

10

 

Parliamentary Star    

Clause  3,  page  3,  line  2,  at end insert—

 

“(1A)    

But the absence of Northern Ireland Ministers is not to be to be treated as allowing

 

any senior officer of a Northern Ireland department to agree that distinct

 

arrangements are appropriate for Northern Ireland in connection with leaving the

 

European Union.”

 

Member’s explanatory statement

 

This amendment would prevent senior officers of Northern Ireland Departments acting in place of

 

the Northern Ireland Executive and Assembly to agree to distinct arrangements under the terms of

 

paragraph 50 of the Joint Report dated 8 December 2017 from the negotiators of the EU and the

 

UK Government on progress during phase 1 of Brexit negotiations, TF50 (2017) 19.

 

Mr Steve Baker

 

11

 

Parliamentary Star    

Clause  3,  page  3,  line  2,  at end insert—

 

“(1A)    

The absence of Northern Ireland Ministers is not to be to be treated as allowing

 

any senior officer of a Northern Ireland department to make any provision for

 

implementing new EU obligations after exit day.”

 

Member’s explanatory statement

 

This amendment would prevent senior officers of Northern Ireland Departments acting in the

 

absence of Northern Ireland Ministers from preparing to implement any new EU obligations that

 

could arise during an implementation or transition period or under a Northern Ireland backstop.

 

Mr Steve Baker

 

12

 

Parliamentary Star    

Clause  3,  page  3,  line  2,  at end insert—

 

“(1A)    

The absence of Northern Ireland Ministers is not to be to be treated as allowing

 

any senior officer of a Northern Ireland department to prepare for, or to

 

implement, any trade or regulatory barriers between Northern Ireland and Great

 

Britain.”

 

Member’s explanatory statement

 

This amendment would prevent senior officers of Northern Ireland Departments acting in the

 

absence of Northern Ireland Ministers from preparing or implementing any trade or regulatory

 

barriers between Northern Ireland and Great Britain.


 
 

Notices of Amendments: 19 October 2018                  

3

 

Northern Ireland (Executive Formation and Exercise of Functions) Bill , continued

 
 

Mr Steve Baker

 

13

 

Parliamentary Star    

Clause  3,  page  3,  line  5,  at end insert—

 

“(2A)    

The guidance published under subsection (2) must include guidance to ensure the

 

same reciprocal unfettered access as at present for Northern Ireland businesses to

 

the whole of the United Kingdom internal market.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to ensure that senior officers of Northern

 

Ireland Departments acting in the absence of Northern Ireland Ministers fully implement the terms

 

of paragraph 50 of the Joint Report dated 8 December 2017 from the negotiators of the EU and

 

the UK Government on progress during phase 1 of Brexit negotiations, TF50 (2017) 19.

 

Mr Steve Baker

 

14

 

Parliamentary Star    

Clause  3,  page  3,  line  5,  at end insert—

 

“(2A)    

The guidance published under subsection (2) must include as a principle the

 

maintenance of the integrity of the United Kingdom internal market.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State’s guidance to include as a principle to be

 

taken into account by senior officers of Northern Ireland Departments when deciding whether or

 

not to exercise a function the maintenance of the integrity of the United Kingdom internal market.

 

Dr Andrew Murrison

 

2

 

Parliamentary Star    

Clause  3,  page  3,  line  7,  at end insert—

 

“(3A)    

The guidance must direct departments to take action on the following areas—

 

(a)    

implementing the recommendations of the Historical Institutional Abuse

 

Inquiry (the Hart Report),

 

(b)    

instigating any research, consultations or planning required for post-

 

Brexit policy,

 

(c)    

designing and implementing devolved post-Brexit functions in relation to

 

Northern Ireland fishing and agriculture that would normally fall to the

 

Northern Ireland Executive,

 

(d)    

taking decisions on infrastructure planning and projects that will benefit

 

Northern Ireland.”

 

Member’s explanatory statement

 

This amendment highlights four key areas where guidance must be issued.

 

Dr Andrew Murrison

 

3

 

Parliamentary Star    

Clause  3,  page  3,  line  34,  after “Assembly” insert “and Members of Parliament”.

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to have regard to representations from MPs

 

as well as MLAs before publishing guidance.

 

Dr Andrew Murrison

 

4

 

Parliamentary Star    

Clause  3,  page  3,  line  34,  at end insert—

 

“(9A)    

If the Secretary of State wishes to revise or amend the guidance, they must write

 

to the Northern Ireland Affairs Committee at least 30 sitting days before the

 

revised guidance is issued to seek its views on the proposed changes.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to consult the Northern Ireland Affairs

 

Committee before changing the guidance.


 
 

Notices of Amendments: 19 October 2018                  

4

 

Northern Ireland (Executive Formation and Exercise of Functions) Bill , continued

 
 

Dr Andrew Murrison

 

5

 

Parliamentary Star    

Clause  3,  page  3,  line  42,  at end insert—

 

“Northern Ireland Affairs Committee” means the Northern Ireland Affairs

 

Committee of the House of Commons and—

 

(a)    

if the name of that Committee is changed, is to be treated as a

 

reference to that Committee by its new name, and

 

(b)    

if the functions of that Committee (or substantially

 

corresponding functions) become functions of a different

 

Committee of the House of Commons, is to be treated as a

 

reference to the Committee by which those functions are

 

exercisable.”

 

Member’s explanatory statement

 

This amendment defines the Northern Ireland Affairs Committee of the House of Commons for the

 

purpose of Clause 3.

 

Gareth Thomas

 

17

 

Parliamentary Star    

Clause  3,  page  4,  line  7,  at end insert “which must include guidance to meet the

 

requirements of section (Guidance on exercise of departmental functions: credit unions).”

 

Member’s explanatory statement

 

This amendment is linked to NC4 with the intention of requiring Northern Ireland Departments, in

 

the continued absence of Northern Ireland Ministers, to promote credit unions in Northern

 

Ireland.

 

Gareth Thomas

 

18

 

Parliamentary Star    

Clause  3,  page  4,  line  7,   at end insert “which must include guidance to meet the

 

requirements of section (Guidance on exercise of departmental functions: energy co-

 

operatives).”

 

Member’s explanatory statement

 

This amendment is linked to NC5 with the intention of requiring Northern Ireland Departments, in

 

the continued absence of Northern Ireland Ministers, to promote energy co-operatives in Northern

 

Ireland.

 

Gareth Thomas

 

19

 

Parliamentary Star    

Clause  3,  page  4,  line  7,   at end insert “which must include guidance to meet the

 

requirements of section (Guidance on exercise of departmental functions: housing co-

 

operatives).”

 

Member’s explanatory statement

 

This amendment is linked to NC6 with the intention of requiring the Northern Ireland Department

 

for Communities, in the continued absence of Northern Ireland Ministers, to promote housing co-

 

operatives in Northern Ireland.

 


 

Dr Andrew Murrison

 

6

 

Parliamentary Star    

Clause  4,  page  4,  line  26,  at end insert “, publish the advice received and write to

 

the Northern Ireland Affairs Committee to notify the Committee of the appointment


 
 

Notices of Amendments: 19 October 2018                  

5

 

Northern Ireland (Executive Formation and Exercise of Functions) Bill , continued

 
 

decision prior to the appointment being made.”

 

Member’s explanatory statement

 

This amendment requires the relevant Minister of the Crown to consult the Northern Ireland

 

Affairs Committee of the House of Commons before exercising an appointment function in relation

 

to a specified office.

 

Nigel Mills

 

16

 

Parliamentary Star    

Clause  4,  page  4,  line  26,  at end insert—

 

“(5A)    

Before exercising an appointment function in reliance on subsection (1) in

 

relation to a role with an annual salary of £100,000 or more the relevant Minister

 

of the Crown must refer their recommendation for the appointment to the

 

Northern Ireland Affairs Committee of the House of Commons for a pre-

 

appointment scrutiny hearing.

 

(5B)    

The Minister of the Crown may not proceed with the appointment referred to in

 

subsection (5A) for a period of 30 calendar days from the date of referral to the

 

Northern Ireland Affairs Committee of the House of Commons.

 

(5C)    

Any reference in this Act to the Northern Ireland Affairs Committee of the House

 

of Commons—

 

(a)    

if the name of that Committee is changed, is to be treated as a reference

 

to that Committee by its new name, and

 

(b)    

if the functions of that Committee (or substantially corresponding

 

functions) become functions of a different Committee of the House of

 

Commons, is to be treated as a reference to the Committee by which

 

those functions are exercisable.

 

(5D)    

Any question arising under sub-paragraph (5C) is to be determined by the

 

Speaker of the House of Commons.”

 

Member’s explanatory statement

 

This amendment would require the more highly-paid public appointments to be subject to scrutiny

 

by the Northern Ireland Affairs Select Committee of the House of Commons.

 


 

Dr Andrew Murrison

 

7

 

Parliamentary Star    

Clause  5,  page  4,  line  36,  at end insert “, publish the advice received and write to

 

the Northern Ireland Affairs Committee to notify the Committee of the appointment

 

decision prior to the appointment being made.”

 

Member’s explanatory statement

 

This amendment requires the relevant Northern Ireland department to consult the Northern

 

Ireland Affairs Committee of the House of Commons before exercising an appointment function

 

which normally require consultation with, or the consent of, Northern Ireland Ministers.

 


 

Dr Andrew Murrison

 

8

 

Parliamentary Star    

Clause  6,  page  5,  line  7,  at end insert “, publish the advice received and write to the

 

Northern Ireland Affairs Committee to notify the Committee of the appointment decision

 

prior to the appointment being made.”

 

Member’s explanatory statement

 

This amendment requires the Secretary of State to consult the Northern Ireland Affairs Committee


 
 

Notices of Amendments: 19 October 2018                  

6

 

Northern Ireland (Executive Formation and Exercise of Functions) Bill , continued

 
 

of the House of Commons before exercising an appointment function which is normally exercisable

 

by Northern Ireland Minsters acting jointly with the Secretary of State.

 


 

Dr Andrew Murrison

 

9

 

Parliamentary Star    

Clause  7,  page  5,  line  34,  at end insert—

 

“Northern Ireland Affairs Committee” means the Northern Ireland Affairs

 

Committee of the House of Commons and—

 

(a)    

if the name of that Committee is changed, is to be treated as a

 

reference to that Committee by its new name, and

 

(b)    

if the functions of that Committee (or substantially

 

corresponding functions) become functions of a different

 

Committee of the House of Commons, is to be treated as a

 

reference to the Committee by which those functions are

 

exercisable.”

 

Member’s explanatory statement

 

This amendment defines the Northern Ireland Affairs Committee of the House of Commons for the

 

purposes of Clauses 4 to 6.

 


 

Nigel Mills

 

NC1

 

Parliamentary Star    

To move the following Clause—

 

         

“Fisheries: termination of Voisinage Agreement

 

(1)    

Subject to the condition in subsection (2), the Government shall bring forward

 

before 31 March 2019 measures that end the Voisinage Agreement;

 

(2)    

Subsection (1) shall not apply if the Republic of Ireland has brought into force by

 

31 March 2019 the provisions contained in the Sea Fisheries (Amendment) Bill

 

2017.”

 

Member’s explanatory statement

 

This new clause would require the reciprocal voisinage fisheries arrangement with the Republic

 

of Ireland to be ended by 31 March 2018 unless the Republic of Ireland has enacted a Bill

 

exempting Northern Ireland sea-fishing vessels from being treated within Irish exclusive fishery

 

limits as a foreign vessel.

 



 
 

Notices of Amendments: 19 October 2018                  

7

 

Northern Ireland (Executive Formation and Exercise of Functions) Bill , continued

 
 

Stella Creasy

 

Conor McGinn

 

NC2

 

Parliamentary Star    

To move the following Clause—

 

         

“Equal rights for people of Northern Ireland

 

    

In the absence of Northern Ireland Ministers to address the matters identified by

 

the Supreme Courts in relation to the human rights of the people of Northern

 

Ireland, the Secretary of State shall make provision for—

 

(a)    

repeal of sections 58 and 59 of the Offences against the Person Act 1861

 

where they pertain to management of public services in Northern Ireland,

 

and

 

(b)    

repeal of section 6(6)(e) of the Marriage (NI) Order 2003.”

 

Member’s explanatory statement

 

This new clause would allow for action to be taken in the absence of Northern Ireland Ministers

 

to repeal legislation which adversely affects the human rights of people in Northern Ireland.

 


 

Stella Creasy

 

Conor McGinn

 

NC3

 

Parliamentary Star    

To move the following Clause—

 

         

“Human rights proceedings: Northern Ireland Human Rights Commission

 

(1)    

For the purposes of ensuring the effective functioning of the Human Rights Act

 

1998 and the Northern Ireland Human Rights Commission in the absence of the

 

Northern Ireland Ministers, the Northern Ireland Act 1998 is amended as follows.

 

(2)    

In section 71(2B)(c), after “unlawful act” insert “if any”.

 

(3)    

In section 71(2C)(a)(i), omit “section” and insert “sections 3, 4(2), 4(4) or”.”

 

Member’s explanatory statement

 

This new clause responds to paragraph 18 of the UK Supreme Court judgment in the matter of an

 

application by the Northern Ireland Human Rights Commission for judicial review in relation to

 

abortion in Northern Ireland, UKSC [2018] 27, and also removes impediments to the work of the

 

Northern Ireland Human Right‘s Commission which has affected the NIHRC‘s ability to protect

 

human rights in the absence of NI Ministers.

 


 

Gareth Thomas

 

NC4

 

Parliamentary Star    

To move the following Clause—

 

         

“Guidance on exercise of departmental functions: credit unions

 

(1)    

The guidance published under section 3(2) must include guidance on credit

 

unions.

 

(2)    

Guidance under this section includes, but is not limited to, guidance to —

 

(a)    

senior officers of the Department for Communities in the exercise of the

 

functions in relation to—


 
Back to StartNext
 

Revised 19 October 2018