Guidance for NI Departments
The Secretary of State has today published guidance for NI Departments in accordance with section 4 of Northern Ireland (Executive Formation and Exercise of Functions) Act 2018.
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This guidance is issued by the Secretary of State for Northern Ireland under section 4 of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 (the 2018 Act).
- Section 4 of the 2018 Act provides:
In the absence of Northern Ireland Ministers to address the matters identified by recent, current and future court proceedings in relation to the human rights of the people of Northern Ireland, the Secretary of State must issue guidance to senior officers of all Northern Ireland departments which will specify how to exercise their functions in relation to:
a) the incompatibility of the human rights of the people of Northern Ireland with the continued enforcement of sections 58 and 59 of the Offences against the Person Act 1861 with the Human Rights Act, and
b) the incompatibility of the human rights of the people of Northern Ireland with the continued enforcement of section 13(e) of the Matrimonial Causes (Northern Ireland) Order 1978 where they pertain to the provision and management of public services in Northern Ireland.
The Secretary of State shall report guidance under this section on a quarterly basis to the House of Commons and set out her plans to address the impact of the absence of Northern Ireland Ministers on human rights obligations within three months of the day on which this Act is passed.”