With this it will be convenient to discuss the following:
Clause stand part.
Amendment 1, in clause 2, page 2, line 20, leave out paragraph (b).
This amendment would prevent the Secretary of State from extending the deadline for appointment of Northern Ireland Ministers without the approval of Parliament.
Clause 2 stand part.
Amendment 22, in clause 3, page 3, 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.’
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.
Amendment 21, page 3, line 5, at end insert
‘and must also make a formal statement before each House of Parliament following the publication of such guidance.’
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.
Amendment 2, page 3, 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.’
This amendment highlights four key areas where guidance must be issued.
Amendment 17, page 3, line 7, at end insert
‘which must include guidance to meet the requirements of section (Guidance on exercise of departmental functions: credit unions).’
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.
Amendment 18, page 3, line 7, at end insert
‘which must include guidance to meet the requirements of section (Guidance on exercise of departmental functions: energy co-operatives).’
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.
Amendment 19, page 3, line 7, at end insert
‘which must include guidance to meet the requirements of section (Guidance on exercise of departmental functions: housing co-operatives).’
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.
Amendment 3, page 3, line 34, after ‘Assembly’ insert ‘and Members of Parliament’.
This amendment would require the Secretary of State to have regard to representations from MPs as well as MLAs before publishing guidance.
Amendment 4, page 3, 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.’
This amendment would require the Secretary of State to consult the Northern Ireland Affairs Committee before changing the guidance.
Amendment 5, page 3, 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.’
This amendment defines the Northern Ireland Affairs Committee of the House of Commons for the purpose of Clause 3.
Clause 3 stand part.
Government amendment 23.
Amendment 6, in clause 4, page 4, 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.’
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.
Amendment 16, page 4, 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.’
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.
Clause 4 stand part.
Amendment 7, in clause 5, page 4, 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.’
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.
Clause 5 stand part.
Amendment 8, in clause 6, page 5, 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.’
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.
Clause 6 stand part.
Amendment 9, in clause 7, page 5, 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.’
This amendment defines the Northern Ireland Affairs Committee of the House of Commons for the purposes of Clauses 4 to 6.
Government amendment 24.
Clauses 7 to 10 stand part.
New clause 4—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.’
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.
New clause 5—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.’
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.
New clause 6—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.’
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.
New clause 7—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
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.’
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.