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Northern Ireland (Executive Formation and Exercise of Functions) Bill

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Northern Ireland (Executive Formation and Exercise of Functions) Bill 1 House of Commons Wednesday 24 October 2018 COMMITTEE OF THE WHOLE HOUSE New Amendments handed in are marked thus Amendments which will comply with the required notice period at their next appearance Amendments tabled since the last publication: 23 and 24 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FORMATION AND EXERCISE OF FUNCTIONS) BILL NOTE This document includes all amendments tabled to date and includes any withdrawn amendments at the end.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 Clause 1,page1, 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 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. 2 Committee of the whole House: 24 October 2018 Northern Ireland (Executive Formation and Exercise of Functions) Bill, continued Dr Andrew Murrison 1 Clause 2,page2, 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. Tony Lloyd Jeremy Corbyn Mr Nicholas Brown Stephen Pound Karin Smyth Nic Dakin 20 Page 2, line 8, leave out Clause 2 Member’s explanatory statement This amendment would remove the limited power to further extend the period for Executive formation. Christine Jardine Owen Smith Layla Moran 22 Clause 3,page3, line 2, at end insert— “(1A) In the absence of Northern Ireland Ministers, senior officers of Northern Ireland departments, giving due regard to advice from the Northern Ireland Commissioner for Victims and Survivors, shall prepare a scheme to provide a pension to those who are regarded as seriously-injured arising from an incident associated from the conflict in Northern Ireland.” Member’s explanatory statement This amendment would in the absence of Ministers create a duty for a scheme to be created to provide financial support those people who have suffered life-limiting injuries and impairment due to incidents related to the Northern Ireland conflict. Tony Lloyd Jeremy Corbyn Mr Nicholas Brown Stephen Pound Karin Smyth Nic Dakin 21 Clause 3,page3, line 5, at end insert “and must also make a formal statement before each House of Parliament following the publication of such guidance.” Member’s explanatory statement This amendment would require the Secretary of State to make a statement to Parliament on any guidance issued to Northern Ireland Departments on the exercise of their functions in the absence of Northern Ireland Ministers. Committee of the whole House: 24 October 2018 3 Northern Ireland (Executive Formation and Exercise of Functions) Bill, continued Dr Andrew Murrison Owen Smith 2 Clause 3,page3, 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. Gareth Thomas 17 Clause 3,page3, 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 Clause 3,page3, 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 Clause 3,page3, 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 3 Clause 3,page3, 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. 4 Committee of the whole House: 24 October 2018 Northern Ireland (Executive Formation and Exercise of Functions) Bill, continued Dr Andrew Murrison Kate Hoey 4 Clause 3,page3, 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. Dr Andrew Murrison Kate Hoey 5 Clause 3,page3, line 38, 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. Secretary Karen Bradley 23 Clause 4,page4, line 21, leave out subsection (4) and insert— “(4) A statutory instrument containing regulations under subsection (3) may not be made unless— (a) a draft of the instrument has been laid before and approved by a resolution of each House of Parliament, or (b) the regulations declare that the Secretary of State considers it to be expedient for the regulations to be made without the approval mentioned in paragraph (a). (4A) Where regulations contain a declaration under subsection (4)(b)— (a) the instrument containing the regulations must be laid before Parliament after being made, and (b) if the instrument is not approved by a resolution of each House of Parliament before the end of the period of 28 days beginning with the day on which the instrument is made, the regulations cease to have effect (with the result that any entries that the regulations added to the table in subsection (2) are omitted). (4B) Subsection (4A)(b)— (a) does not affect the validity of anything done as a result of the regulations before they ceased to have effect; Committee of the whole House: 24 October 2018 5 Northern Ireland (Executive Formation and Exercise of Functions) Bill, continued (b) does not prevent the re-exercise of the regulation-making power under subsection (3) in the same way. (4C) In calculating the period of 28 days mentioned in subsection (4A)(b), 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.” Member’s explanatory statement This amendment makes the regulation-making power in Clause 4(3) of the Bill subject to the draft affirmative procedure or, in cases where the Secretary of State considers it expedient, the made affirmative procedure. Dr Andrew Murrison 6 Clause 4,page4, line 26, 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 Minister of the Crown to notify the Northern Ireland Affairs Committee of the House of Commons before exercising an appointment function in relation to a specified office. Nigel Mills Kate Hoey 16 Clause 4,page4, 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.
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