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by Munro Research

Northern Ireland (Executive Formation etc) Act 2019


Official Summary

Extend the period for forming an Executive under section 1(1) of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 and to impose a duty on the Secretary of State to report on progress towards the formation of an Executive in Northern Ireland.

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Overview

This bill amends the Northern Ireland (Executive Formation) Bill, introducing changes to various aspects of Northern Irish law, including same-sex marriage, abortion access, victims' payments, and regulatory alignment with the rest of the UK. The implementation of these changes is conditional upon the lack of an active Northern Ireland Executive. The Secretary of State will take responsibility for making changes to Northern Irish law and presenting reports to Parliament.

Description

Same-Sex Marriage and Civil Partnerships:

The bill legalizes same-sex marriage and allows for civil partnerships between opposite-sex couples in Northern Ireland. Regulations will be made to address related issues such as parenthood, gender recognition, financial consequences, and the legal treatment of same-sex marriages/civil partnerships formed outside Northern Ireland. The bill also allows for conversion between marriage and civil partnership.

Abortion Legislation:

The bill repeals sections of the Offences Against the Person Act 1861 concerning abortion attempts and implements the recommendations of the CEDAW report on women's rights in Northern Ireland. Regulations will set out the circumstances under which abortions may take place.

Victims' Payments Scheme:

A scheme for payments to victims of Troubles-related incidents will be created, with regulations detailing eligibility, payment amounts, and the process for applications. The scheme will retroactively cover injuries sustained before the bill's passage.

Other Provisions:

The bill mandates reports to Parliament on several matters including progress on legislation for transparency of political donations, higher education provision in Northern Ireland, gambling regulatory alignment with the rest of the UK, a Renewable Heat Incentive Hardship Unit, libel legislation alignment, suicide prevention strategy implementation, and elective care service capacity.

Government Spending

The bill does not specify exact figures for government spending. However, it will involve costs associated with the implementation of the new same-sex marriage and civil partnership regulations, the abortion legislation, and the victims' payment scheme. Funding for the victims’ payments scheme will come from the Consolidated Fund of Northern Ireland.

Groups Affected

  • LGBTQ+ couples in Northern Ireland: Will gain the right to marry (same-sex couples) or form civil partnerships (opposite-sex couples).
  • Women in Northern Ireland: Will gain greater access to abortion services.
  • Victims of Troubles-related incidents: May be eligible for financial compensation under the newly established scheme.
  • Religious organizations: May be affected by the changes to marriage and civil partnership laws; the bill includes provisions to protect the ability to act in accordance with religious beliefs regarding these matters.
  • Northern Ireland Government: Will be bypassed in the implementation of the legislation if an executive is not in place.
  • UK Government: Will bear the financial and administrative burden of implementing the legislation if an executive is not formed.
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