Northern Ireland (Executive Formation etc) Act 2019: Section 3(5) — House of Lords, 2020-01-07
Topic: Civil Rights
Ian Duncan (Conservative, Centre-right): My Lords, on 18 December, the Northern Ireland Office published a report, as per its legal obligations, setting out the latest position on progress on six issues: Executive formation, transparency of political donations, higher education and a Derry/Londonderry university, presumption of non-prosecution, Troubles prosecution guidance, and the review of abortion law. Copies of the report were laid in both Houses upon the return of Parliament. This is the seventh and final report to be published in line with our obligations under the Northern Ireland (Executive Formation etc) Act 2019 I turn first to the talks and the formation of an Executive. I stress that it remains the Government’s paramount priority to get Stormont up and running before the deadline of 13 January. The Secretary of State remains in Belfast today to facilitate those talks. All five party leaders are engaged in the process and our assessment is that it remains possible but challenging for the parties to secure a political agreement before the deadline. If the 13 January deadline passes without agreement, the Secretary of State will fall under a legal obligation to call an Assembly election. An Assembly and Executive have never been more necessary than they are today. I hope that all noble Lords will join me in hoping that the parties in Northern Ireland can find the necessary steps to move this matter forward On abortion, the Government are working towards the laying of regulations necessary for a new legal framework for the provision of abortion services in Northern Ireland to be in force by 31 March 2020. Women seeking access to such services in the meantime can do so in England free of charge, with the costs of the procedure, including travel and, where needed, accommodation, paid for by the Government. Arrangements can be made via the Central Booking Service, with details published on the UK Government website The public consultation on the legal framework closed on 16 December, and the responses are currently being analysed. As I have made clear on previous occasions, the consultation seeks views on the question of how the framework can best be delivered in Northern Ireland, not on whether this reform should be happening. The Government’s response to the consultation will be published in due course. Discussions with interested parties will continue as the regulations are taken forward in line with Section 9 of the Act concerning the 2018 UN CEDAW report. On the presumption of non-prosecution and Troubles prosecution guidance, reforming the legacy system in Northern Ireland remains a priority for the UK Government. The Government are opposed to our service personnel and veterans being subject to the threat and reality of vexatious litigation in the form of repeated investigations and potential prosecution arising from historical military operations. The Government recognise the concerns that have been expressed about the way the current system operates in Northern Ireland and are committed to seeking the prompt implementation of the Stormont House agreement proposals on legacy to provide both reconciliation for victims and certainty for military veterans. Any legislation that improves the legacy system in Northern Ireland will need to be agreed by the UK Parliament and have the support of a restored Northern Ireland Executive. The Secretary of State for Northern Ireland is working closely with ministerial colleagues, the Northern Ireland parties and the Irish Government towards this end With regard to the transparency of political donations, Northern Ireland parties are now subject to the same reporting requirements as all other parties in the United Kingdom. That is a significant step forward, but the question of opening up historic records from before 2017 remains a challenge. At a time when threats to elected representatives are all too common, we must be careful that anything we do does not lead to intimidation of members of the public who have donated to parties in the past when rules were different. We will consult with the Northern Ireland parties in due course about any change to this legislation On higher education and a Derry/Londonderry university, there has been no formal proposal for the establishment of a university since we last discussed this matter. I am aware, however, of proposals for a graduate school for medicine on the Magee campus in Derry/Londonderry, and I am happy to take questions on that at the appropriate moment hereafter. We are aware that support exists for the extension of further education provision in the north-west of Ireland, and we are also very much aware of the deficiencies that exist in the medical profession in Northern Ireland, all of which can be addressed by these matters With regard to victims’ payments, in October the Government launched a public consultation on a scheme for regular payments to, or in respect of, individuals living with serious disablement caused by injury in a Troubles-related incident through no fault of their own. The consultation closed on 26 November. Responses are being considered and will inform the final shape of the scheme. The consultation proposed not to make payments to individuals with a criminal conviction directly related to the incident in which they sustained their injury. We will make regulations in this area by the end of January, as is specified in the Northern Ireland (Executive Formation etc) Act 2019. The scheme will then be open for applications and will be completed no later than the end of May 2020, as I have previously reported to this House On same-sex marriage and opposite-sex civil partnerships, the Government are under a duty to make regulations to provide for these matters in Northern Ireland by 13 January 2020. On 23 December 2019, the Northern Ireland Office laid regulations before Parliament that mean that, from 13 January, same-sex civil marriage and opposite-sex civil partnerships will be lawful in Northern Ireland. Couples will therefore be able to register their intent to enter into such a union, with a minimum 28-day notice period as required by law. As previously stated, we expect ceremonies to take place during the week of Valentine’s Day There remain two key issues on which we will consult further before legislating: same-sex religious marriage, and the right to convert from a civil partnership to a marriage and vice versa. Future legislation must, of course, take account of the specific circumstances in Northern Ireland and provide adequate religious protections. The consultations will seek views from religious bodies and individuals on how religious same-sex marriage will be provided for in Northern Ireland, and how protections would be best achieved. We also want to get the right approach on conversion entitlements for Northern Ireland, given the different approaches taken in the rest of the UK. The Government hope to launch short consultations on these two issues from mid-January and will bring forward regulations as soon as practicable thereafter In conclusion, I reiterate the Government’s support for the ongoing talks in Northern Ireland, which we are all clearly and very timelessly aware of. I also note that this will be the last report in this sequence as expected via the previous obligations. I hope that these reports have been useful in generating debate and casting a light on some of the issues affecting Northern Ireland.