Northern Ireland (Executive Formation) Bill (HL Bill 190)

Executive formation

1 Extension of period for forming an Executive

In section 1(1) of the Northern Ireland (Executive Formation and Exercise of
Functions) Act 2018, for “25 August 2019” substitute “21 October 2019”.

2 5Limited power to further extend period for Executive formation

For section 2 of the Northern Ireland (Executive Formation and Exercise of
Functions) Act 2018 substitute—

“2 Limited power to further extend period for Executive formation

(1) The Secretary of State may by regulations amend section 1(1) so as to
10replace “21 October 2019” with “13 January 2020”.

(2) The power under subsection (1) may only be used on or before 21
October 2019.

(3) Regulations under subsection (1) are to be made by statutory
instrument.

(4) 15A statutory instrument containing regulations under subsection (1)
must be laid before Parliament after being made.

(5) If the instrument is not approved by a resolution of each House of
Parliament within the period of 28 days beginning with the day on
which it is made, the regulations cease to have effect.

(6) If the regulations cease to have effect in accordance with subsection (5)
on or before 21 October 2019, the period mentioned in section 1(1) is to
be treated for all purposes as ending with that date.

(7) If the regulations cease to have effect in accordance with subsection (5)
5after 21 October 2019, the period mentioned in section 1(1) is to be
treated for all purposes as ending when the regulations cease to have
effect.

(8) In calculating the period of 28 days mentioned in subsection (5), no
account is to be taken of any time during which Parliament is dissolved
10or prorogued or during which both Houses are adjourned for more
than four days.””

Reports and debates

3 Progress reports

(1) The Secretary of State must, on or before 4 September 2019, publish a report
15explaining what progress has been made towards the formation of an
Executive in Northern Ireland (unless an Executive has already been formed).

(2) The Secretary of State must lay the report before Parliament.

(3) The Secretary of State shall make a further report under subsection (1) on or
before 9 October 2019 and at least every fourteen calendar days thereafter until
20either an Executive is formed or until 18 December 2019, whichever is the
sooner.

(4) The report under subsection (1) must include a report on progress made
towards protecting veterans of the Armed Forces and other security personnel
from repeated investigation for Troubles-related incidents by introducing a
25presumption of non-prosecution, in the absence of compelling new evidence,
whether in the form of a Qualified Statute of Limitations or by some other legal
mechanism.

(5) The report under subsection (1) must include a report on progress made
towards developing new prosecution guidance for legacy cases of Troubles-
30related incidents by the Attorney General for Northern Ireland to take into
account whether or not the person who allegedly committed an offence had the
means to do so because that person had been lawfully supplied with a deadly
weapon, with a presumption in favour of prosecuting in cases where a person
who has allegedly committed an offence had the means to do so because that
35person had been unlawfully supplied with a deadly weapon.

(6) The report under subsection (1) must include a review of the current legal
framework on abortion in Northern Ireland with an analysis of how that
framework could be amended by Parliament during the period when there is
no Executive, subject to a sunset clause to respect devolution, in order to
40comply with the human rights obligations of the United Kingdom.

(7) The report under subsection (1) must include a report to be published on or
before 4 September 2019 on progress made in Northern Ireland on—

(a) the law on gaming machines;

(b) the law on online gambling;

(c) 45the number of people who are seeking treatment for problem gambling;

(d) the services available to people seeking problem gambling; and

(e) the level of support from the gambling industry for problem gambling.

(8) The report under subsection (1) must include a report to be published on or
before 4 September 2019 on progress on the use of discretionary powers to
5provide assistance and support under section 18(9) of the Human Trafficking
and Exploitation (Criminal Justice and Support for Victims) Act (Northern
Ireland) 2015. The report must cover—

(a) how many times the Department has decided it is necessary to provide
assistance and support for victims of human trafficking for whom there
10has been a conclusive determination that the person is a victim of
trafficking in human beings;

(b) the reasons the Department has decided it is necessary to provide
assistance and support for victims of human trafficking for whom there
has been a conclusive determination that the person is a victim of
15trafficking in human beings; and

(c) the immigration status of those victims of human trafficking for whom
there has been a conclusive determination that the person is a victim of
trafficking in human beings who are receiving assistance and support
beyond the relevant period.

(9) 20Before making a report under subsection (1), the Secretary of State must
publish a report on or before 4 September 2019 on progress made towards
preparing legislation implementing a pension for seriously injured victims and
survivors of Troubles-related incidents.

(10) Before making a report under subsection (1), the Secretary of State must
25publish a report on or before 4 September 2019 on progress made towards
implementing the recommendations made by the Report of the Inquiry into
Historical Institutional Abuse in Northern Ireland between 1922 and 1995,
including the establishment of a publicly funded compensation scheme under
an HIA Redress Board, distinct from the Northern Ireland Criminal Injuries
30Compensation Scheme 2009.

(11) Before making a report under subsection (1), the Secretary of State must
publish a report on or before 4 September 2019 on progress made towards
preparing legislation confirming the application of the Armed Forces
Covenant in the provision of public services in Northern Ireland.

(12) 35Before making a report under subsection (1), the Secretary of State must
publish a report on or before 4 September 2019 on whether the definition of
“victim” in Article 3 of the Victims and Survivors (Northern Ireland) Order
2006 (S.I. 2006/2953 (N.I. 17)) should be revised to apply only to a person who
is injured or affected wholly through the actions of another person.

(13) 40For the purposes of this section an Executive is formed once the offices of the
First Minister, deputy First Minister and the Northern Ireland Ministers are all
filled.

4 Law on gambling and support for those experiencing problem gambling in
Northern Ireland: debate

(1) 45A Minister of the Crown must, within the period of two sitting days beginning
with the first sitting day on or after the day on which the report on gambling
in Northern Ireland mentioned in section 3 is published, make arrangements
for—

(a) a motion to the effect that the House of Commons has approved that
report to be moved in that House by a Minister of the Crown within the
period of seven Commons sitting days beginning with the day on
which the relevant report mentioned in section 3 is published, and

(b) 5a motion for the House of Lords to take note of the report mentioned in
paragraph (a) to be moved in that House by a Minister of the Crown
within the period of seven Lords sitting days beginning with the day on
which the relevant report mentioned in section 3 is published.

(2) In this section—

• 10“Commons sitting day” means a day on which the House of Commons is
  sitting (and a day is only a day on which the House of Commons is
  sitting if the House begins to sit on that day);

• “Lords sitting day” means a day on which the House of Lords is sitting
  (and a day is only a day on which the House of Lords is sitting if the
  15House begins to sit on that day).

5 Assistance and support for victims of human trafficking in Northern Ireland:
debate

(1) A Minister of the Crown must, within the period of two sitting days beginning
with the first sitting day on or after the day on which the report on assistance
20and support for victims of human trafficking in Northern Ireland mentioned in
section 3 is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that
report to be moved in that House by a Minister of the Crown within the
period of seven Commons sitting days beginning with the day on
25which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in
paragraph (a) to be moved in that House by a Minister of the Crown
within the period of seven Lords sitting days beginning with the day on
which the relevant report mentioned in section 3 is published.

(2) 30In this section—

• “Commons sitting day” means a day on which the House of Commons is
  sitting (and a day is only a day on which the House of Commons is
  sitting if the House begins to sit on that day);

• “Lords sitting day” means a day on which the House of Lords is sitting
  35(and a day is only a day on which the House of Lords is sitting if the
  House begins to sit on that day).

6 Pension for victims and survivors of Troubles-related incidents: debate

(1) A Minister of the Crown must, within the period of two sitting days beginning
with the first sitting day on or after the day on which the report on progress
40made towards preparing legislation to implement a pension for seriously
injured victims and survivors of Troubles-related incidents mentioned in
section 3 is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that
report to be moved in that House by a Minister of the Crown within the
45period of seven Commons sitting days beginning with the day on
which the relevant report mentioned in section 3 is published, and

(b) a motion for the House of Lords to take note of the report mentioned in
paragraph (a) to be moved in that House by a Minister of the Crown

within the period of seven Lords sitting days beginning with the day on
which the relevant report mentioned in section 3 is published.

(2) In this section—

• “Commons sitting day” means a day on which the House of Commons is
  5sitting (and a day is only a day on which the House of Commons is
  sitting if the House begins to sit on that day);

• “Lords sitting day” means a day on which the House of Lords is sitting
  (and a day is only a day on which the House of Lords is sitting if the
  House begins to sit on that day).

7 10Historical institutional abuse in Northern Ireland: debate

(1) A Minister of the Crown must, within the period of two sitting days beginning
with the first sitting day on or after the day on which the report on progress
made towards implementing the recommendations made by the Report of the
Inquiry into Historical Institutional Abuse in Northern Ireland between 1922
15and 1995 is published, make arrangements for—

(a) a motion to the effect that the House of Commons has approved that
report to be moved in that House by a Minister of the Crown within the
period of seven Commons sitting days beginning with the day on
which the relevant report mentioned in section 3 is published, and

(b) 20a motion for the House of Lords to take note of the report mentioned in
paragraph (a) to be moved in that House by a Minister of the Crown
within the period of seven Lords sitting days beginning with the day on
which the relevant report mentioned in section 3 is published.

(2) In this section—

• 25“Commons sitting day” means a day on which the House of Commons is
  sitting (and a day is only a day on which the House of Commons is
  sitting if the House begins to sit on that day);

• “Lords sitting day” means a day on which the House of Lords is sitting
  (and a day is only a day on which the House of Lords is sitting if the
  30House begins to sit on that day).

Duties to make regulations

8 Marriage of same-sex couples in Northern Ireland

(1) The Secretary of State must make regulations to change the law relating to
marriage in Northern Ireland to provide that marriage between same-sex
35couples is lawful.

(2) Regulations under this section must be in force no later than 21 October 2019,
subject to subsections (3) and (4).

(3) A statutory instrument containing regulations under subsection (1)—

(a) must be laid before both Houses of Parliament;

(b) 40is subject to annulment in pursuance of a resolution of either House of
Parliament.

(4) If a Northern Ireland Executive is formed before the regulations under this
section come into force, any regulations made under this section and any
extant obligations arising under subsection (1) shall cease to have effect.

9 International obligations in respect of CEDAW

(1) In accordance with the requirements of section 26 of the Northern Ireland Act
1998 regarding international obligations, the Secretary of State must make
regulations by statutory instrument to give effect to the recommendations of
5the 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.

(2) Regulations under this section must come into force by 21 October 2019, subject
to subsections (3) and (4).

(3) 10A statutory instrument containing regulations under subsection (1)—

(a) must be laid before both Houses of Parliament;

(b) is subject to annulment in pursuance of a resolution of either House of
Parliament.

(4) If a Northern Ireland Executive is formed before 21 October 2019, any extant
15obligations arising under subsection (1) shall cease to have effect.

General

10 Extent, commencement and short title

(1) This Act extends to England and Wales, Scotland and Northern Ireland.

(2) This Act comes into force on the day on which it is passed.

(3) 20This Act may be cited as the Northern Ireland (Executive Formation) Act 2019.