Extension of period for forming an Executive

Part of Northern Ireland (Executive Formation) Bill – in the House of Commons at 4:45 pm on 9th July 2019.

Alert me about debates like this

Photo of Rosie Winterton Rosie Winterton Deputy Speaker (Second Deputy Chairman of Ways and Means) 4:45 pm, 9th July 2019

With this it will be convenient to discuss:

Clause 2 stand part.

Amendment 14, in clause 3, page 2, line 13, leave out “21 October” and insert “4 September”.

This amendment would bring forward the date for a progress report to 4 September 2019.

Amendment 8, page 2, line 13, after “report” insert

“and make an oral statement to Parliament”.

Amendment 6, page 2, line 15, at end insert—

“(1A) 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 presumption 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.”

The subsection would include placing a duty on the Secretary of State to report on the options available to ensure that veterans of the Troubles would be able to assist in a truth recovery process, for the benefit of bereaved families, without fear of prosecution.

Amendment 7, page 2, line 15, at end insert—

“(1A) The report under subsection (1) must include a report on progress made towards developing new prosecution guidance for legacy cases of Troubles-related 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 person had been unlawfully supplied with a deadly weapon.”

The subsection would place a duty on the Secretary to State to report on progress made towards a new prosecution guidance taking into account whether or not the person who allegedly committed an offence had been lawfully armed.

Amendment 15, page 2, line 15, at end insert—

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

This amendment would require fortnightly reports to be made after the conference recess until an Executive was formed, or until the December recess.

Amendment 18, page 2, line 15, at end insert—

“(1A) 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.”

The subsection would include placing a duty on the Secretary of State to report on the preparation of legislation confirming the application of the Armed Forces Covenant in Northern Ireland.

Amendment 19, page 2, line 15, at end insert—

“(1A) Before 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 (Order No. 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.”

The subsection would include placing a duty on the Secretary of State to report on the definition of “victim” in the Victims and Survivors (Northern Ireland) Order 2006.

Amendment 21, page 2, line 15, at end insert—

“(1A) 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) the 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.”

The subsection would include placing a duty on the Secretary of State to report on various matters related to the law on gambling in Northern Ireland and support for those experiencing problem gambling.

Amendment 22, page 2, line 15, at end insert—

“(1A) 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 provide 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 has 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 trafficking 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.”

The subsection would include placing a duty on the Secretary of State to report on the assistance and support offered to victims of human trafficking in Northern Ireland from receiving a conclusive grounds decision.

Amendment 23, page 2, line 15, at end insert—

“(1A) The report under subsection (1) must include a report on progress made in preparing legislation to extend the reporting requirements of donations to political parties in Northern Ireland to all donations made after 1 January 2014”.

Amendment 24, page 2, line 15, at end insert—

“(1A) The report under subsection (1) must include a report on progress made in preparing legislation to make provision to recognise coercive control and stalking in Northern Ireland”.

Amendment 16, page 2, line 16, leave out “the report” and insert

“any report under this section”.

This is a consequential amendment.

Amendment 17, page 2, line 16, at end insert—

“(2A) A Minister of the Crown must, within the period of two sitting days beginning with the day on which a report under this section 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 three Commons sitting days beginning with the day on which the report under this section 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 three Lords sitting days beginning with the day on which the relevant report mentioned in section 3 is published.

(2B) In 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 (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day).”

This amendment would require progress reports to be debated.

Clause 3 stand part.

Clause 4 stand part.

New clause 11—International obligations: oral statement—

“In the absence of Northern Ireland Ministers to address the matters identified by 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, the Secretary of State for Northern Ireland must make an oral statement to the House of Commons on progress on implementing recommendations in accordance with section 26(1) of the Northern Ireland Act 1998.”

New clause 12—Requirement on Secretary of State—

“If an Executive is not formed by 21 October 2019, nothing in this Act shall remove the requirement on the Secretary of State set out in section 26(1) of the Northern Ireland Act 1998 to direct action in the absence of ministers to ensure that all Northern Ireland departments comply with international obligations, and in particular the recommendations made by 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.”

New clause 15—Northern Ireland: Armed Forces Covenant—

“(1) The Secretary of State must make regulations to confirm the application of the Armed Forces Covenant in the provision of public services in Northern Ireland.

(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) is 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.”

This new clause would require UK secondary legislation to confirm the application of the Armed Forces Covenant in Northern Ireland.

New clause 16—Armed Forces Covenant 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 preparing legislation confirming the application of the Armed Forces Covenant in the provision of public services in Northern Ireland 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) 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 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 House begins to sit on that day).”

This new clause is linked to amendment 18 on a report on progress made towards preparing legislation to confirm the application of the Armed Forces Covenant in Northern Ireland.

New clause 17—Northern Ireland: Definition of victim—

“(1) The Secretary of State must make regulations to amend the definition of “victim” in Article 3 of the Victims and Survivors (Northern Ireland) Order 2006 (Order No. 2953 (N.I. 17)) so that the definition applies only to a person who is injured or affected wholly through the actions of another person.

(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) is 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.”

This new clause would require UK secondary legislation to amend the definition of “victim” in the Victims and Survivors (Northern Ireland) Order 2006.

New clause 18—Definition of victim: 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 whether the definition of “victim” in Article 3 of the Victims and Survivors (Northern Ireland) Order 2006 (Order No. 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 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) 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 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 House begins to sit on that day).”

This new clause is linked to amendment 19 on a report on whether the definition of “victim” in the Victims and Survivors (Northern Ireland) Order 2006 should be amended by UK secondary legislation.

New clause 20—Law on gambling and support for those experiencing problem gambling 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 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) 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 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 House begins to sit on that day).”

This new clause is linked to the amendment 21 on a report on progress made on the law on gambling in Northern Ireland and support for problem gambling, and provides for the report to be debated in Parliament.

New clause 21—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 and 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 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 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 House begins to sit on that day).”

This new clause is linked to the amendment 22 on a report on progress made on the law on gambling in Northern Ireland and support for problem gambling, and provides for the report to be debated in Parliament.