Northern Ireland (Executive Formation) Bill - (2)

An earlier post looked at the Northern Ireland (Executive Formation) Bill when it was before the House of Commons.   The principal purpose of the Bill is to 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.

The reporting requirements are in Clause 3 of the Bill.   Originally this was a short clause of just 3 subsections.  It has now expanded to 21 subsections.

On Thursday 18 July,
as part of the ping pong process, the House of Commons passed an amendment which would require the recall of Parliament in order to debate reports in the event that Parliament was either prorogued or adjourned.

The clause passed the Commons by 315 to 274.

The amendment states that a proclamation under the Meeting of Parliament Act 1797 shall require Parliament to meet on a specified day and to meet on the 5 following days (other than Saturdays, Sundays or a day which is a bank holiday in the United Kingdom or in any part of the United Kingdom). This will allow time for motions to be moved in both Houses.  In the House of Commons a motion is required to the effect that the House of Commons has considered the report.  In the Lords the motion is for the Lords to take note of the report.

It is thought that this would enable MPs, if necessary, to amend the motion so as to prevent a no-deal Brexit.

Certain other Lords amendments were rejected by the House of Commons.

As the ping pong continues, the Bill now returns to the Lords on 22 July.

It is worth noting that Clause 3(1) only requires reports if an Executive for Northern Ireland has not been formed on or before 4 September 2019.  By Clause 3(21) an executive is formed once the offices of the First Minister, deputy First Minister and the Northern Ireland Ministers are all filled.  Hence, timely formation of the executive could obviate the need for reports.  If that happens then the provision for recall of Parliament would not come into play.

The 1797 Act:

A recall of Parliament would be required and would come about by way of a proclamation under the Meeting of Parliament Act 1797 - (enacted in the reign of George III).

Whenever his Majesty, his heirs or successors, shall be pleased, by and with the advice of the Privy Council of his Majesty, his heirs or successors, to issue his or their royal proclamation, giving notice of his or their royal intention that Parliament shall meet and be holden for the dispatch of business on any day after the date of such proclamation, the same shall be a full and sufficient notice to all persons whatever of such the royal intention of his Majesty, his heirs and successors, and the Parliament shall thereby stand prorogued to the day and place therein declared, notwithstanding any previous prorogation of the Parliament to any longer day, and notwithstanding any former law, usage or practice to the contrary.

Another Act mandating a recall of Parliament in specified situations is the Civil Contingencies Act 2004 s28  which requires recall if emergency regulations are made under section 20.   In the event of a no-deal Brexit, the need for such emergency regulations cannot be entirely ruled out see the discussion in this previous post.

*** Royal Assent ***

The Bill received Royal Assent on 24 July and is now an Act of Parliament.