Asked by: Baroness Lister of Burtersett (Labour - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty's Government whether, following withdrawal from the EU, individuals will be able to initiate legal proceedings, independent of the Northern Ireland Human Rights Commission or the Equality Commission, if there is an alleged diminution of rights, safeguards or equality of opportunity as set out in the Belfast Agreement; and, if so, how this is provided for in the EU (Withdrawal Agreement) Bill.
Answered by Lord Duncan of Springbank
The amendments made, via schedule 3 of the EU (Withdrawal Agreement) Bill, to sections 6 and 24 of the Northern Ireland Act 1998 mean that the Northern Ireland Assembly, ministers and departments will be acting outside their competence or powers if they legislate or act in a way that breaches the “no diminution” commitment; this would be actionable by judicial review in the normal way. The Government also considers that Article 2(1) of the Protocol is capable of direct effect and that individuals will therefore be able to rely directly on this article before the domestic courts. Individuals will be able to bring proceedings independently or, where the case meets certain criteria, with the assistance of the Northern Ireland Human Rights Commission or the Equality Commission for Northern Ireland.
Asked by: Baroness Lister of Burtersett (Labour - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty's Government what progress has been made towards meeting the requirement of section 3(21) of the Northern Ireland (Executive Formation etc) Act 2019, namely that the Secretary of State must, and before 1 December, publish a report on the future welfare mitigation support measures that will be in place after March 2020, unless an Executive is formed on or before 1 December.
Answered by Lord Duncan of Springbank
The Secretary of State for Northern Ireland has always been clear that he will continue to uphold the letter and the spirit of his obligations under the Northern Ireland (Executive Function etc) Act 2019 in full. That includes the obligation to report on welfare support measures in Northern Ireland. A report will therefore be published by 1 December 2019 if no Executive has been formed.
Asked by: Baroness Lister of Burtersett (Labour - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty's Government, further to the Written Answer by Lord Duncan of Springbank on 8 October (HL17821) and the report of the Department for Communities in Northern Ireland Review of Welfare Mitigation Schemes, published in March, which stated that "in the absence of a functioning Assembly it is considered that the only viable option for providing the legal authority for the Department to make a mitigation payment beyond 2020 would be for the Westminster Parliament to bring forward appropriate legislation", what steps they are taking to bring forward such legislation.
Answered by Lord Duncan of Springbank
The bespoke mitigation arrangements for Northern Ireland were agreed by the Executive following the “A Fresh Start, the Stormont Agreement and Implementation Plan”.
I understand that the present uncertainty over the future of these schemes has been a cause of considerable concern, especially for those in receipt of the top up payments.
Neither the Northern Ireland Office nor its Ministers can instruct the Northern Ireland Civil Service in the devolved welfare space or direct spending from the NI block grant.
We have however, following the Executive Formation Act, provided departments with additional guidance on the exercise their functions in the public interest in the absence of a restored NI Executive. And of course, we continue to work tirelessly to facilitate the restoration of locally accountable political leadership. I am grateful to the Noble Baroness for raising this matter.
Asked by: Baroness Lister of Burtersett (Labour - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty's Government what steps they are taking to ensure that social security mitigations in Northern Ireland will continue after March 2020 in the absence of an Executive.
Answered by Lord Duncan of Springbank
The Department for Communities in Northern Ireland is responsible for the delivery of the various mitigation schemes relating to welfare reform in Northern Ireland.
A decision to extend mitigations beyond March 2020 would be a matter for an incoming Minister for Communities in a restored Northern Ireland Executive.