Commentary on provisions of Act Section 9: International obligations in respect of CEDAW
Section 9 requires the Secretary of State to make regulations to give effect to the recommendations of the Report of the Inquiry concerning the United Kingdom of Great Britain and Northern Ireland under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (‘ the CEDAW Report’). This duty comes into effect on 22 October 2019 if the Northern Ireland Executive is not restored by 21 October 2019, and these regulations, which will be subject to the made affirmative resolution procedure in Parliament, will come into effect on or before 31 March 2020.
	Subsection (1) requires the Secretary of State to ensure that recommendations 85 and 86 of the CEDAW Report are implemented.
	Subsection (2) repeals sections 58 and 59 the Offences Against the Person Act 1861 ("OAPA") (attempts to procure abortion) in Northern Ireland. This is required to achieve implementation of one of the CEDAW Report recommendations.
	Subsection (3) prevents any new investigations and criminal proceedings being commenced under those sections. Any existing proceedings must also be discontinued. This is required to achieve implementation of the criminal moratorium, one of the CEDAW Report recommendations.
	Subsection (4) requires the Secretary of State to make any other changes as may be required to give effect to the requirement in subsection (1) by regulations. Those regulations must, in particular, make provision for the purposes of regulating abortions in Northern Ireland and that must include the circumstances in which an abortion may take place (subsection (5)).
	Subsection (6) requires regulations under subsection (4) to come into force by 31 March 2020. However this does not limit the re-exercise of power if needed, meaning further regulations can be made under this power and following the same procedure after this date, as appropriate.
	Subsection (7) requires the Secretary of State to exercise the duties imposed on her by section 9 expeditiously while recognising the importance of doing so for protecting the human rights of women in Northern Ireland.
	Subsection (8) enables the Secretary of State to make provision by regulations that appear to be appropriate in view of the repeal of sections 58 and 59 OAPA and the prohibition and discontinuation of investigations and criminal proceedings for offences under those sections.
	By virtue of subsection (9), regulations under section 9 (whether under subsection (4) or (8)) may make any provision that could be made by an Act of the Assembly. This would mean, for example, that regulations could delegate functions to Northern Ireland Departments or amend other legislation (matters which would normally require a specific power).
	Subsection (10) notes that the CEDAW Report referred to in section 9 is the Report of the Inquiry concerning the United Kingdom of Great Britain and Northern Ireland under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women published in March 2018.