Northern Ireland (Executive Formation and Exercise of Functions) Bill

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1 Northern Ireland (Executive Formation and Exercise of Functions) Bill MARSHALLED LIST OF AMENDMENTS TO BE MOVED IN COMMITTEE OF THE WHOLE HOUSE Amendment No. 1* Page 1, line 16, at end insert [Amendments marked * are new or have been altered] Clause 1 (4A) If the date of 31 January 2019 passes without the Ministerial offices having been filled, the Secretary of State must review the reasons why the Ministerial offices have not been filled. (4B) As part of the review under subsection (4A), the Secretary of State must consider whether the mechanism for appointing the First Minister and deputy First Minister should be amended to reflect the provisions in the Northern Ireland Act (4C) The Secretary of State must publish a report on the findings of the review by the end of the period of six weeks, beginning with 31 January 2019, and must lay a copy of the report before both Houses of Parliament. 2* Insert the following new Clause After Clause 1 Executive formation: appointment of a mediator (1) During the period while there is no Executive, the Secretary of State may specify in regulations the appointment of a mediator to facilitate formation of an Executive. (2) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before both Houses of Parliament by 1 December 2018 and approved by a resolution of both Houses within the period of 10 sitting days beginning with the day on which the instrument is laid. HL Bill 137 I 57/1

2 2 Northern Ireland (Executive Formation and Exercise of Functions) Bill After Clause 1 - continued (3) For the purposes of this section, a sitting day means a day on which both the House of Commons and the House of Lords are sitting. 3 Page 3, line 7, at end insert Clause 3 LORD HAIN LORD CORMACK ( ) The guidance must direct senior officers of Northern Ireland departments, giving due regard to advice from the Northern Ireland Commission for Victims and Survivors, to 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. 4* Page 3, line 7, at end insert ( ) The guidance shall direct senior officials of Northern Ireland Departments to take all reasonable action to prepare to deliver, within the existing legal framework, a redress scheme for victims of historic institutional child abuse, taking into account the recommendations of the Historical Institutional Abuse Inquiry and the reports of the Panel of Experts on Redress. 5 Page 3, line 7, at end insert LORD BEW LORD HAIN (4A) The Secretary of State must establish an advisory panel which senior officers of Northern Ireland departments may consult in cases where they are required to exercise a function of the department under subsection (1). (4B) If a senior officer consults the advisory panel under subsection (4A), then the senior officer must have regard to the advice of the advisory panel. 6* Page 3, line 7, at end insert ( ) The guidance must direct the relevant department in Northern Ireland to take all reasonable action, within the existing legal framework, to prepare to implement the recommendations of the Historical Institutional Abuse Inquiry (the Hart Report). 7* Page 3, line 7, at end insert ( ) The guidance must direct the Department of Health in Northern Ireland to take all reasonable action, within the existing legal framework, to prepare to (a) reduce waiting times and waiting lists for the provision of all health services;

3 Northern Ireland (Executive Formation and Exercise of Functions) Bill 3 Clause 3 - continued (b) improve the timeliness and quality of cancer treatment services, including a new cancer strategy; and (c) implement the recommendations of the Strategy for Suicide Prevention in Northern Ireland ( Protect Life 2 ). 8* Page 3, line 7, at end insert ( ) The guidance must direct departments to take all reasonable action, within the existing legal framework, to prepare to implement the public sector pay award for and for employees of the Police Service of Northern Ireland and the National Health Service. 9* Page 3, line 7, at end insert BARONESS SMITH OF BASILDON ( ) The guidance shall provide for senior officials of Northern Ireland Departments to report to the Secretary of State at the end of every six month period, beginning with the day on which this section comes into force, on which recommendations of the Report of the Inquiry into Hyponatraemiarelated Deaths (a) have been implemented, (b) are being considered and the process by which they are being considered, or (c) have been rejected and why they have been rejected. 10* Page 3, line 7, at end insert ( ) The guidance may direct departments after 1 May 2019 not to enforce sections 58 and 59 of the Offences Against the Person Act * Page 3, line 7, at end insert ( ) The guidance may direct departments after 1 May 2019 not to enforce Article 15 of the Matrimonial Causes (Northern Ireland) Order 1978 (jurisdiction of court, and form of order, etc., in nullity proceedings) on the basis of Article 13e (grounds on which a marriage is void same sex). 12* Page 3, line 7, at end insert ( ) The guidance shall direct senior officials of Northern Ireland Departments to take all reasonable actions to prepare to implement, within the existing legal framework, the recommendations of the Hyponatraemia Inquiry. 13* Page 3, line 7, at end insert ( ) The guidance may direct departments to publish their responses to reports from the Northern Ireland Audit Office.

4 4 Northern Ireland (Executive Formation and Exercise of Functions) Bill Clause 3 - continued 14* Page 3, line 34, at end insert including representations made as part of a special sitting under section (Sitting of the Northern Ireland Assembly: representations) 15* Insert the following new Clause After Clause 3 Sitting of the Northern Ireland Assembly: representations (1) Before publishing the guidance under section 3, and in order to receive representations from members of the Northern Ireland Assembly, the Secretary of State must schedule a special sitting of the Northern Ireland Assembly, to take place by 30 November 2018, to discuss the exercise of functions under this section, having regard to the United Kingdom s withdrawal from the European Union. (2) The special sitting under subsection (1) may not require the conduct of any other business at the special sitting or the existence of a Northern Ireland Executive. (3) The Secretary of State must make all necessary provision to facilitate the special sitting. Clause 4 LORD MACKAY OF CLASHFERN BARONESS O'LOAN 16* Page 4, line 4, leave out from State to end of line 15 and insert shall issue guidance to Northern Ireland departments on the exercise of their functions in a manner which is compatible with section 6 of the Human Rights Act 1998

5 Northern Ireland (Executive Formation and Exercise of Functions) Bill MARSHALLED LIST OF AMENDMENTS TO BE MOVED IN COMMITTEE OF THE WHOLE HOUSE 29 October 2018 HL Bill 137 I 57/1

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