The Northern Ireland (Executive Formation and Exercise of
Functions) Bill passed through all its stages in the House of
Commons today and will be considered in the House of Lords next
Tuesday, October 30. The Bill, which does not change the law in
Northern Ireland, would give civil servants more legal clarity to
make decisions in the absence of ministers.
An amendment requiring the Secretary of State to provide guidance
on the law regarding abortion and same-sex marriage also passed.
The amendment, proposed by Labour MPs and , passed by 207 votes to 117
on a free vote. Ms Creasy said she and Mr McGinn had "no desire
to delay this important legislation", but that there was "a
crucial element of this legislation missing.”
Northern Ireland Secretary said that while she
sympathised with many of the amendment's supporters' concerns she
opposed the move. She described the Bill as "an important step"
towards the goal of restoring devolution. It "provides the time
and space" for the government to continue its engagement with the
Stormont parties.
The Bill is an attempt by the government to find a middle ground
between devolution – which has been suspended for 18 months – and
direct rule from Westminster. It will see civil servants given
the power to take decisions that would otherwise be illegal for
anyone but a minister to take, with , the Northern Ireland
Secretary, empowered to offer guidance on what they should do.
Critics say the government's arm has been twisted by two court
cases - one brought by environmentalists and another by survivors
of historic child abuse. In that context, the sceptics regard
this latest initiative as an attempt by the Northern Ireland
Office to maintain the current state of administrative limbo
without taking any decisive action.
The Bill contains a date of 26 March 2019 by which ministers
should be appointed, but that could be extended by up to five
months.
Shadow Secretary of State for Northern Ireland described the bill as "grossly
inadequate", adding: "It's ironic that the Secretary of State
brings this legislation forward, but can say nothing helpful
about the need for compensation for the victims of sexual and
institutional abuse that [the Hart Inquiry] did so much to
unearth."
The bill will also give UK government ministers the power to make
public appointments. These will apply to the Northern Ireland
Judicial Appointments Commission, Northern Ireland Policing
Board, the Probation Board and the Police Ombudsman.
