Northern Ireland (Executive Formation) Bill

Baroness Finlay of Llandaff Excerpts

3rd reading (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Noble Lords]

Hear, hear!

[Baroness Finlay of Llandaff (CB)]

My Lords, I speak to Amendment 5 in my name. It is a tidying-up procedure which corrects and clarifies the statutory instrument powers. To be clear, the procedures for victims’ payments and same-sex marriage remain as the House agreed on Report, which is via the negative procedure. The abortion regulations will now be made by affirmative procedure, rather than by negative procedure, and, to avoid any doubt, this amendment states that:

“In calculating the period of 28 days mentioned … no account is to be taken of any time during which Parliament is dissolved or prorogued or … adjourned for more than four days”,


so that should we be adjourned part-way through a consultation period, the clock would stop ticking, and start again when we officially resume.

The other important thing is to explain the last part of this amendment, which states that if regulations cease to have effect as a result of proposed new subsection (4), that does not affect anything previously done under them, or the making of new regulations. I shall give an example of that to clarify it. If in relation to the abortion issue that we discussed, a statutory instrument is introduced, and after that date a GP prescribes misoprostol for an abortion, they would be protected doing so during the consultation period. However, if at the end of the 28 days that statutory instrument falls, they would not be covered in prescribing on day 29, and it would not be retrospective either.

It is important to be clear, because this has been such a charged debate. I too thank everyone, particularly the Minister, for having been extraordinarily available at all times of the day and into the night for discussion and consultation. He has really tried to resolve these complex issues.

[Lord Bruce of Bennachie (LD)]

My Lords, very briefly, given the hour, I thank all those who have taken part, especially those who have worked so hard on these critical amendments. It was indeed a mutual process, with the Minister, of getting us to the point where we now have a Bill that looks much more fit for purpose than when it came to us, which is precisely what we are here to do. We must thank the staff for facilitating; we apologise for keeping them all up. We have done a job of work and people can say that the issues have been thoroughly and properly debated. I also reinforce my thanks and appreciation to the Minister for what he has done and the way he does it, which is much appreciated.

--- Later in debate ---

Moved by

[Baroness Finlay of Llandaff]

5: After Clause 10, insert the following new Clause—
“Regulations: procedure
(1) Regulations under section 8, 9 or 10 are to be made by statutory instrument. (2) A statutory instrument containing regulations under section 8 or 10 is subject to annulment in pursuance of a resolution of either House of Parliament.(3) A statutory instrument containing regulations under section 9 must be laid before Parliament after being made.(4) Regulations contained in an instrument laid under subsection (3) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.(5) In calculating the period of 28 days mentioned in subsection (4), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.(6) If regulations cease to have effect as a result of subsection (4), that does not affect—(a) anything previously done under them, or(b) the making of new regulations.”