LORDS AMENDMENTS TO THE

Northern Ireland (Executive Formation) Bill

[The page and line references are to HL Bill 190, the bill as first printed for the Lords]

Clause 3

Page 2, line 17, leave out subsection (2) and insert—

“(2A)    

The Secretary of State must make arrangements for—

(a)    

a copy of each report published under subsection (1) to be laid

before each House of Parliament by the end of the day on which it

is published,

(b)    

a motion in neutral terms, to the effect that the House of Commons

has considered the report, to be moved in the House of Commons

by a Minister of the Crown, and

(c)    

a motion for the House of Lords to take note of the report to be

tabled in the House of Lords and moved by a Minister of the

Crown.

(2B)    

The motions required under subsections (2A)(b) and (c) must be moved in

the relevant House by a Minister of the Crown within the period of five

calendar days beginning with the end of the day on which the report is laid

before Parliament.”

Page 2, line 21, at end insert—

“( )    

The report under subsection (1) must include a report on progress made

towards preparing legislation to provide for transparency of political

donations and loans from 1 January 2014.”

Page 2, line 21, at end insert—

“( )    

The report under subsection (1) must include a report on the improvement

of higher education provision in Northern Ireland and the establishment of

a university whose principal campus is in Derry/Londonderry.”

Bill 425                                                                                                        

57/1

Page 3, line 2, at end insert—

“(f)    

delivering regulatory alignment between Northern Ireland and the

rest of the United Kingdom in regard to gambling.”

Page 3, line 39, at end insert—

“( )    

The Secretary of State must, on or before 21 October 2019, publish a report

on progress on the establishment of a Renewable Heat Incentive Hardship

Unit in the Department for the Economy (unless an Executive has already

been formed).”

Page 3, line 39, at end insert—

“( )    

The Secretary of State must, on or before 21 October 2019, publish a report

on progress on libel legislation in Northern Ireland and any plans to align

Northern Irish legislation with libel legislation in the rest of the United

Kingdom (unless an Executive has already been formed).”

Page 3, line 39, at end insert—

“( )    

The Secretary of State must, on or before 21 October 2019, publish a report

on progress of the implementation of the Protect Life 2 – Strategy for

Suicide Prevention in Northern Ireland (unless an Executive has already

been formed).”

Page 3, line 39, at end insert—

“( )    

The Secretary of State must, on or before 21 October 2019, publish a report

on an assessment of how much demand there is for elective care services

and how this is exceeding health service capacity for both new and existing

patients across Northern Ireland, and detailing each of the current

measures being taken to reduce health and social care waiting times, as

well as those that are planned, and the impact of NHS waiting times on

children (unless an Executive has already been formed).”

Page 3, line 39, at end insert—

“( )    

The Secretary of State must, on or before 1 December 2019, publish a report

on the future welfare mitigation support measures that will be in place

after March 2020 (unless an Executive is formed on or before 1 December

2019).”

Clause 8

Page 5, line 33, leave out subsections (1) to (4) and insert—

“(1)    

The Secretary of State must, by regulations, make provision so that—

(a)    

two persons who are of the same sex are eligible to marry in

Northern Ireland, and

(b)    

two persons who are not of the same sex are eligible to form a civil

partnership in Northern Ireland,

provided that, apart from the question of sex, they would be eligible to

marry or form a civil partnership (as the case may be).

(2)    

Regulations under subsection (1) must be made so as to come into force on

or before 13 January 2020 (but this does not in any way limit the re-exercise

of the power).

(3)    

The Secretary of State may, by regulations, make any other provision that

appears to the Secretary of State to be appropriate in view of—

(a)    

the extension of eligibility to marry in Northern Ireland to persons

of the same sex, and

(b)    

the extension of eligibility to form civil partnerships in Northern

Ireland to persons who are not of the same sex.

(4)    

Regulations under subsection (3) may, in particular, make provision

about—

(a)    

parenthood and parental responsibility of parties to a marriage or

civil partnership;

(b)    

the application by a party to a marriage or civil partnership for a

gender recognition certificate under the Gender Recognition Act

2004, or the issuing of such a certificate, and the consequences of

that application or issuing for the marriage or civil partnership;

(c)    

the financial consequences of marriage or civil partnership (for

example, in relation to pensions or social security);

(d)    

the treatment under the law of Northern Ireland of marriages, civil

partnerships or relationships similar to civil partnerships formed

outside of Northern Ireland.

(5)    

The Secretary of State may, by regulations, make provision for and in

connection with a right to—

(a)    

convert a marriage into a civil partnership;

(b)    

convert a civil partnership into a marriage.

Such regulations may, in particular, make provision equivalent or similar

to that contained in or authorised by section 9 of the Marriage (Same Sex

Couples) Act 2013.

(6)    

The Secretary of State may, by regulations, make any provision that the

Secretary of State considers appropriate in order to protect the ability to act

in accordance with religious or other belief or opinion in relation to

marriage or civil partnership (including the conversion of marriage into

civil partnership and vice versa).

(7)    

Regulations under this section—

(a)    

may make provision for fees to be payable;

(b)    

may make provision conferring a discretion on a person;

(c)    

may make provision enabling a person to make regulations (and

such regulations may make provision for fees to be payable);

(d)    

may include provision amending, repealing or revoking any

provision made by an Act of Parliament or Northern Ireland

legislation;

(e)    

may, in so far as made in reliance on section (Regulations:

supplementary)(2), include provision amending or repealing

provision made by an Act or Measure of the National Assembly for

Wales or an Act of the Scottish Parliament.

(8)    

In this section—

(a)    

references to marriage in Northern Ireland (however expressed)

include references to marriage outside of the United Kingdom by

virtue of eligibility to marry in Northern Ireland (in accordance

with Part 1 or Part 3 of Schedule 6 to the Marriage (Same Sex

Couples) Act 2013);

(b)    

references to forming a civil partnership in Northern Ireland

include references to registering as civil partners outside the United

Kingdom by virtue of eligibility to do so in Northern Ireland (in

accordance with section 210(2)(b) or 211(2)(b) of the Civil

Partnership Act 2004).”

Clause 9

Page 6, line 2, leave out subsections (1) to (4) and insert—

“(1)    

The Secretary of State must ensure that the recommendations in

paragraphs 85 and 86 of the CEDAW report are implemented in respect of

Northern Ireland.

(2)    

Sections 58 and 59 of the Offences Against the Person Act 1861 (attempts to

procure abortion) are repealed under the law of Northern Ireland.

(3)    

No investigation may be carried out, and no criminal proceedings may be

brought or continued, in respect of an offence under those sections under

the law of Northern Ireland (whenever committed).

(4)    

The Secretary of State must by regulations make whatever other changes to

the law of Northern Ireland appear to the Secretary of State to be necessary

or appropriate for the purpose of complying with subsection (1).

(5)    

Regulations under subsection (4) must, in particular, make provision for

the purposes of regulating abortions in Northern Ireland, including

provision as to the circumstances in which an abortion may take place.

(6)    

Regulations under subsection (4) must be made so as to come into force by

31 March 2020 (but this does not in any way limit the re-exercise of the

power).

(7)    

The Secretary of State must carry out the duties imposed by this section

expeditiously, recognising the importance of doing so for protecting the

human rights of women in Northern Ireland.

(8)    

The Secretary of State may by regulations make any provision that appears

to the Secretary of State to be appropriate in view of subsection (2) or (3).

(9)    

Regulations under this section may make any provision that could be made

by an Act of the Northern Ireland Assembly.

(10)    

In this section “the CEDAW report” means the Report of the Inquiry

concerning the United Kingdom of Great Britain and Northern Ireland

under article 8 of the Optional Protocol to the Convention on the

Elimination of All Forms of Discrimination against Women (CEDAW/C/

OP.8/GBR/1) published on 6 March 2018.”

After Clause 9

Insert the following new Clause—

“Victims’ payments

(1)    

The Secretary of State must by regulations establish a scheme under the law

of Northern Ireland which provides for one or more payments to be made

to, or in respect of, a person who has sustained an injury as a result of a

Troubles-related incident.

(2)    

The first regulations under subsection (1) must be made before the end of

January 2020 and come into force before the end of May 2020.

(3)    

Regulations under subsection (1) must make provision as to the eligibility

criteria for payments under the scheme which may, in particular, relate

to—

(a)    

the nature or extent of a person’s injury;

(b)    

how, when or where the injury was sustained;

(c)    

residence or nationality;

(d)    

whether or not a person has been convicted of an offence.

(4)    

Regulations under subsection (1) may make provision for the

reimbursement of costs incurred by a person in connection with an

application under the scheme (whether or not the application is successful).

(5)    

Regulations under subsection (1) may, in particular, make provision—

(a)    

for determining the amount of any payment;

(b)    

for payments to be made in respect of past periods (including

periods before this Act was passed);

(c)    

for payments to be reduced or repaid (in whole or in part) in

specified circumstances;

(d)    

about the treatment under other legislation (for example social

security legislation) of payments under the scheme.

(6)    

Regulations under subsection (1) must make provision of the kind

mentioned in subsection (5)(b) so as to ensure that where—

(a)    

a person is eligible under the scheme as the result of an injury

sustained by that person before the scheme comes into force, and

(b)    

the person makes an application within a period specified in the

regulations (which must not be less than the period of two years

beginning with the day on which the scheme comes into force),

the person is entitled to a payment to reflect the amount that the person

would have received had the scheme been in force since the making of the

Stormont House Agreement.

(7)    

Regulations under subsection (1) may, in particular, make provision

about—

(a)    

the administration of the scheme (including provision establishing

a body or conferring functions on an existing body);

(b)    

the funding of the scheme by money from the Consolidated Fund

of Northern Ireland (whether by virtue of grant funding from a

Northern Ireland department, the appropriation of money by an

Act of the Northern Ireland Assembly or otherwise);

(c)    

the sharing of information between public authorities for the

purposes of the scheme;

(d)    

evidential matters;

(e)    

the procedure for the making and deciding of applications

(including provision imposing time limits);

(f)    

appeals and reviews;

(g)    

information, advice or assistance in relation to the scheme or

payments under it.

(8)    

Regulations under subsection (1) may make provision conferring a

discretion on a person.

(9)    

Regulations under subsection (1)—

(a)    

may include provision amending, repealing or revoking any

provision made by an Act of Parliament or Northern Ireland

legislation, and

(b)    

in so far as made in reliance on section (Regulations:

supplementary)(2), may also include provision amending or

repealing provision made by an Act or Measure of the National

Assembly for Wales or an Act of the Scottish Parliament.

(10)    

In making the first regulations under this section the Secretary of State

must have regard to any advice given by the Commission for Victims and

Survivors for Northern Ireland.

(11)    

In this section—

“injury” means any illness or injury (whether physical or mental);

“the Stormont House Agreement” means the agreement made

between parties represented in the Northern Ireland Assembly, the

Government of the United Kingdom and the Government of

Ireland on 23 December 2014;

“Troubles-related incident” means an incident involving an act of

violence or force carried out in Ireland, the United Kingdom or

anywhere in Europe for a reason related to the constitutional status

of Northern Ireland or to political or sectarian hostility between

people there.”

After Clause 9

Insert the following new Clause—

“Regulations: supplementary

(1)    

A power to make regulations under section 8, 9 or (Victims’ payments) may

be used to make different provision for different purposes.

(2)    

Regulations under section 8, 9 or (Victims’ payments) may make incidental,

supplementary, consequential, transitional or saving provision.”

Insert the following new Clause—

“Regulations: procedure

(1)    

Regulations under section 8, 9 or (Victims’ payments) are to be made by

statutory instrument.

(2)    

A statutory instrument containing regulations under section 8 or (Victims’

payments) is subject to annulment in pursuance of a resolution of either

House of Parliament.

(3)    

A statutory instrument containing regulations under section 9 must be laid

before Parliament after being made.

(4)    

Regulations contained in an instrument laid under subsection (3) cease to

have effect at the end of the period of 28 days beginning with the day on

which the instrument is made unless, during that period, the instrument is

approved by a resolution of each House of Parliament.

(5)    

In calculating the period of 28 days mentioned in subsection (4), no account

is to be taken of any time during which Parliament is dissolved or

prorogued or during which both Houses are adjourned for more than four

days.

(6)    

If regulations cease to have effect as a result subsection (4), that does not

affect—

(a)    

anything previously done under them, or

(b)    

the making of new regulations.”

Clause 10

Page 6, line 18, leave out subsection (1) and insert—

“(1)    

Except as mentioned in subsection (1A), this Act extends to England and

Wales, Scotland and Northern Ireland.

(1A)    

Section 9 extends to Northern Ireland only.”

Page 6, line 19, leave out subsection (2) and insert—

“(2)    

Except as mentioned in subsection (2A), this Act comes into force on the

day on which it is passed.

(2A)    

Sections 8, 9, (Victims’ payments), (Regulations: supplementary) and

(Regulations: procedure) come into force on 22 October 2019, unless an

Executive in Northern Ireland is formed on or before 21 October 2019 (in

which case they do not come into force at all).