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Northern Ireland (Executive Formation etc) Act 2019: Section 3(5)

My Lords, this is the third report published in line with our obligations under the Northern Ireland (Executive Formation etc) Act 2019.

I start with the issue of Executive formation. The Secretary of State was disappointed to extend the period for Executive formation to 13 January 2020. The parties have still not been able to reach agreement. We will continue to do all we can to bring about the formation of a sustainable Executive.

With regard to abortion, the duty under Section 9 of the Northern Ireland (Executive Formation etc) Act 2019 is now in effect As a consequence, Sections 58 and 59 of the Offences Against the Persons Act 1861 have been repealed, and no prosecutions and investigations that were under way under those sections can be continued, regardless of when the offences were committed. We will be consulting on the new legal framework shortly, with regulations required to be in place by 31 March 2020.

We will continue to engage with health professionals in Northern Ireland, the political parties, and wider stakeholders over the coming days and weeks—including to ensure that the appropriate services can be established in line for the new legal framework to be in place.

On the issue of the presumption of non-prosecution and Troubles prosecution guidance, last year the Northern Ireland Office consulted extensively on the Stormont House Agreement proposals, the results of which revealed wide support for the broad institutional framework of the SHA and consensus among the main parties that the UK Government should push ahead with legislation. The consultation process also revealed areas of public concern regarding the detail of the proposals, including the independence of the institutions and how they would interact, as well as questions over the overall timeframe and costs.

The UK Government firmly believe that we must move forward with broad consensus. Central to this will be demonstrating that any approach we take is fully compatible with facilitating independent effective investigations into Troubles-related deaths and providing Northern Ireland with the best possible chance of moving beyond its troubled past. In this regard, the principles of the Stormont House Agreement— facilitating independent investigations while promoting reconciliation—provide the best framework for making progress in the most effective and efficient manner possible. The UK Government remain committed to working with all the Northern Ireland political parties and the Irish Government to this end.

Regarding victims’ payments, on 22 October, the UK Government launched a consultation on the legal framework for a victims’ payment scheme. The consultation will run for five weeks, and the UK Government will welcome views from all, including from noble Lords. As we have said previously, the legislation will be laid by the end of January 2020 and will take effect by the end of May 2020.

On political donations, the issue of retrospection remains sensitive, as we explored when we discussed this issue only two weeks ago. The Government will consult on this matter with the Northern Ireland

parties in due course and will formally report back to the House. Any decision on the creation of a university in Derry is primarily one for universities themselves, as I stated last week.

On same-sex marriage and opposite-sex civil partnerships, as the 21 October deadline has passed, the Government are now under a duty to deliver same-sex marriage and opposite-sex civil partnerships in Northern Ireland. We will make regulations which will mean that civil marriage between couples of the same sex and civil partnerships for opposite-sex couples will be lawful in Northern Ireland from 13 January 2020. The first civil marriages should be able to take place in the week of Valentine’s Day. We plan to consult on religious ceremonies and religious protections and the conversion of civil partnerships to same-sex marriage and marriage to opposite-sex civil partnerships, and therefore there will be a short delay before we make regulations related to these issues, and these issues alone. I hope that this update has been of value.

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