Northern Ireland (Executive Formation and Exercise of Functions) Bill

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NOTE This document includes all amendments tabled to date and includes any withdrawn amendments at the end.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. (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. 6 Committee of the whole House: 24 October 2018

Northern Ireland (Executive Formation and Exercise of Functions) Bill, continued Dr Andrew Murrison 7 Clause 5,page4, 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 Minister of the Crown to notify 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 Kate Hoey 8 Clause 6,page5, 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 notify the Northern Ireland Affairs Committee 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 Kate Hoey 9 Clause 7,page5, 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.

Secretary Karen Bradley 24  Clause 7,page5, line 45, leave out “(whether alone or together with regulations under section 4)” Member’s explanatory statement This amendment is consequential on Amendment 23. Committee of the whole House: 24 October 2018 7

Northern Ireland (Executive Formation and Exercise of Functions) Bill, continued Nigel Mills Caroline Flint Kate Hoey NC1 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.

Stella Creasy Conor McGinn Layla Moran NC3 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.

8 Committee of the whole House: 24 October 2018

Northern Ireland (Executive Formation and Exercise of Functions) Bill, continued Gareth Thomas Mr Barry Sheerman Jonathan Reynolds Andy Slaughter Chris Evans Dame Louise Ellman

Dr Rupa Huq Ian Murray Wes Streeting Ruth Smeeth Siobhain McDonagh Joan Ryan Ruth George Sir Mark Hendrick Owen Smith Mary Creagh Yasmin Qureshi David Hanson Albert Owen Mr Paul Sweeney Jo Platt Mr Chris Leslie John Woodcock Anna Turley Stephen Doughty Stella Creasy Mike Gapes Gareth Snell Lucy Powell Mr Adrian Bailey Stephen Timms Lloyd Russell-Moyle Clive Efford Tulip Siddiq Chris Williamson Frank Field Hilary Benn NC4 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— (i) promoting and protecting the interests of children, older people, people with disabilities, and other socially excluded groups, and (ii) providing emergency financial assistance; and (b) senior officers of the Department of the Economy in the exercise of the functions in relation to— (i) business regulation including consumer affairs services, (ii) mutuals policy, legislation and operations, and (iii) the social economy. (3) Guidance under this section must include the promotion of credit unions in Northern Ireland to combat organised crime, to reduce financial exclusion, to assist the social inclusion of marginalised groups and to promote financial well- being in all parts of Northern Ireland.” Member’s explanatory statement The intention of this new clause is to require Northern Ireland Departments, in the continued absence of Northern Ireland Ministers, to promote credit unions in Northern Ireland.

Committee of the whole House: 24 October 2018 9

Northern Ireland (Executive Formation and Exercise of Functions) Bill, continued Gareth Thomas Mr Barry Sheerman Jonathan Reynolds Andy Slaughter Chris Evans Dame Louise Ellman

“Guidance on exercise of departmental functions: energy co-operatives (1) The guidance published under section 3(2) must include guidance on energy co- operatives. (2) Guidance under this section includes, but is not limited to, guidance to — (a) senior officers of the Department of the Economy in the exercise of their functions in relation to— (i) energy policy and legislation; (ii) sustainable energy, including energy efficiency measures; (iii) assistance to the gas and electricity industries; (iv) Renewable Heat Incentive Scheme and associated costs; (v) the social economy; and (vi) making certain payments to the Department of Business, Energy and Industry Strategy; and (b) senior officers of the Department for Infrastructure in the exercise of their functions in relation to energy matters. (3) Guidance under this section must include the promotion of energy co-operatives in Northern Ireland to combat fuel poverty and to encourage the safe, sustainable, affordable and efficient production and consumption of energy in all parts of Northern Ireland.” Member’s explanatory statement The intention of this new clause is to require Northern Ireland Departments, in the continued absence of Northern Ireland Ministers, to promote energy co-operatives in Northern Ireland.

10 Committee of the whole House: 24 October 2018

Northern Ireland (Executive Formation and Exercise of Functions) Bill, continued Gareth Thomas Mr Barry Sheerman Jonathan Reynolds Andy Slaughter Chris Evans Dame Louise Ellman

“Guidance on exercise of departmental functions: housing co-operatives (1) The guidance published under section 3(2) must include guidance on housing co- operatives. (2) Guidance under this section includes, but is not limited to, guidance to senior officers of the Department for Communities in the exercise of their functions in relation to— (a) loans for certain home improvement loans; (b) housing led regeneration; (c) regulation of the NI Housing Association sector; (d) urban regeneration including services such as property maintenance and events; (e) community and voluntary sector; (f) grants to district councils in support of local services and transferred functions; (g) built heritage; and (h) grants and grants-in-aid. (3) Guidance under this section must include the promotion of housing co-operatives in Northern Ireland to combat poverty, family breakdown and social exclusion and to encourage the provision safe, sustainable, affordable and energy-efficient homes in all parts of Northern Ireland.” Member’s explanatory statement The intention of this new clause is to require the Northern Ireland Department for Communities, in the continued absence of Northern Ireland Ministers, to promote housing co-operatives in Northern Ireland.

Committee of the whole House: 24 October 2018 11

Northern Ireland (Executive Formation and Exercise of Functions) Bill, continued Stella Creasy Conor McGinn Stephen Doughty Wes Streeting Tonia Antoniazzi Jo Stevens

Jo Swinson Caroline Lucas Neil Coyle Liz Kendall Vernon Coaker Ruth Smeeth Mr Adrian Bailey Peter Kyle Mike Gapes Gareth Snell Ann Coffey Mr Pat McFadden Anna Turley Alison McGovern Luciana Berger Mary Creagh Phil Wilson Layla Moran Dan Jarvis Emma Reynolds Toby Perkins Mr Ben Bradshaw Chris Bryant Yvette Cooper Sir Kevin Barron Chuka Umunna Rachel Reeves Rosie Duffield Lucy Powell Helen Hayes Stephen Kinnock Tom Tugendhat Kate Green Alex Sobel Christine Jardine Dr Rupa Huq Martin Whitfield Helen Goodman Dr Rosena Allin-Khan Crispin Blunt Ged Killen Heidi Allen Jess Phillips Ms Karen Buck Mr Edward Vaizey Yvonne Fovargue James Frith Darren Jones Emma Dent Coad Liam Byrne Ms Angela Eagle Maria Eagle Ruth George Christian Matheson Wera Hobhouse Tom Watson Tracy Brabin Paula Sherriff Mike Hill Matt Western Dame Margaret Hodge Sarah Champion Stephen Twigg Mr Tanmanjeet Singh Dhesi Diana Johnson Gareth Thomas Debbie Abrahams Seema Malhotra Catherine West Gill Furniss Ellie Reeves John Mann Norman Lamb Dr Paul Williams Lyn Brown Julie Elliott Thelma Walker Mrs Sharon Hodgson Jack Dromey Andy Slaughter Preet Kaur Gill Justin Madders Owen Smith Mr Paul Sweeney Sir Edward Davey Tom Brake Mrs Madeleine Moon James Duddridge Justine Greening Ms Harriet Harman Mr David Lammy Stephen Morgan Jim McMahon Alex Cunningham Mr Barry Sheerman Tim Loughton Daniel Zeichner Ian Murray Dr Roberta Blackman-Woods Gill Furniss Hywel Williams NC7  To move the following Clause—

“Equal rights for people of Northern Ireland (No. 2) (1) In the absence of Northern Ireland Ministers to address the matters identified by recent, current and future court proceedings in relation to the human rights of the people of Northern Ireland, the Secretary of State must issue guidance to senior officers of all Northern Ireland departments which will specify how to exercise their functions in relation to— (a) the incompatibility of the human rights of the people of Northern Ireland with the continued enforcement of sections 58 and 59 of the Offences against the Person Act 1861 with the Human Rights Act 1998, and (b) the incompatibility of the human rights of the people of Northern Ireland with the continued enforcement of section 13(e) of the Matrimonial Causes (Northern Ireland) Order 1978 12 Committee of the whole House: 24 October 2018

Northern Ireland (Executive Formation and Exercise of Functions) Bill, continued where they pertain to the provision and management of public services in Northern Ireland. (2) The Secretary of State shall report guidance under this section on a quarterly basis to the House of Commons and set out her plans to address the impact of the absence of Northern Ireland Ministers on human rights obligations within three months of the day on which this Act is passed.” Member’s explanatory statement This new clause would increase accountability of the Secretary of State and senior officers of Northern Ireland departments for their role in ensuring human rights compliance in Northern Ireland, in the absence of Northern Ireland Ministers, by requiring them to address incompatibilities between legislation applied in Northern Ireland and human rights obligations.

NOTICES WITHDRAWN

The following Notices were withdrawn on 22 October 2018:

Amendments 10 to 14.

The following Notices were withdrawn on 23 October 2018:

NC2