House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

19

House of Commons

Tuesday 16 July 2013

Public Bill Committee

Northern Ireland (Miscellaneous Provisions) Bill

(Except Clauses 1 to 9)

Note

The Amendments have been arranged in accordance with the Resolution of the

Programming Sub-Committee.

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Monday 15 July (Standing Order

No. 83C):

That—

(1)
the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 16

July) meet at 2.00 pm on that date.

(2)
the proceedings shall be taken in the following order: Clauses 10 to 21; the

Schedule; Clauses 22 to 29; new Clauses; new Schedules; remaining

proceedings on the Bill;

(3)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Tuesday 16 July.

Mike Penning has given notice of his intention to move a motion in the terms of the

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

Mike Penning

That, subject to the discretion of the Chair, any written evidence received by the

Committee shall be reported to the House for publication.

Public Bill Committee: 16 July 2013
20

Northern Ireland (Miscellaneous Provisions) Bill, continued

Mr Nigel Dodds

Dr William McCrea

Mr Jeffrey Donaldson

Mr Gregory Campbell

David Simpson

Jim Shannon

Ian Paisley

Sammy Wilson

1

Clause  22,  page  15,  line  35,  after ‘authorities)’, insert ‘—

‘(a)
in subsection (1), after paragraph (d) insert—

“(e)
between those who are victims and survivors of the

conflict and those who are not; and

(f)
between those who have been members of Her

Majesty’s armed forces and those who are not.”.

(b)
after subsection (1) insert—

“(1A)
person is excluded from any benefit arising from this Act by

virtue of (1)(e) if that person has been convicted of a serious

criminal conviction.”

(c)
’.

Mr Nigel Dodds

Dr William McCrea

Mr Jeffrey Donaldson

Mr Gregory Campbell

David Simpson

Jim Shannon

Ian Paisley

Sammy Wilson

Naomi Long

2

Clause  22,  page  16,  line  3,  at end insert—

‘(1A)
In subsection (5) of that Act insert—

““victim and survivor of the conflict” is defined as—

(a)
any person who has suffered harm caused by an act related to the

conflict in Northern Ireland, for which they are not wholly or

partly responsible, that is in violation of the criminal law,

(b)
any person who provides a substantial amount of care on a

regular basis for a person as outlined in paragraph (a), where the

harm suffered is a physical or psychological injury.

“serious criminal conviction” means a conviction, whether the person was

convicted in Northern Ireland or elsewhere, for an offence for which—

(c)
a sentence of imprisonment of five years or more was imposed,

(d)
a sentence of imprisonment for life was imposed.”.’.

Mark Durkan

5

Clause  22,  page  16,  line  3,  at end insert—

‘(1A)
After subsection (2) of section 75 (Statutory duty on public authorities) of that

Act insert—

“(2A)
A public authority shall not interpret its obligations under subsection (2)

in a way that is incompatible with measures taken on the basis of

objective need.”.

Public Bill Committee: 16 July 2013
21

Northern Ireland (Miscellaneous Provisions) Bill, continued

(1B)
In subsection (5) of section 75 of that Act insert—

“good relations” shall be interpreted in line with international obligations

and, in particular, with regard to—

(e)
tackling prejudice, and

(f)
promoting understanding.”.’.

Naomi Long

3

Clause  23,  page  16,  line  20,  at end insert—

‘(8)
An order under subsection (4) may not apply to decions about the voting age of

persons entitled to vote in elections in respect of the Northern Ireland Assembly

and district councils.’.

Naomi Long

4

Clause  23,  page  16,  line  26,  at end insert—

‘(3)
In Schedule 2, paragraph 12, of that Act at end insert “but not the voting age of

persons entitled to vote in elections in respect of the Northern Ireland Assembly

and district councils.”.’.

New ClauseS

Amendment to British Nationality Act 1981

Mr Nigel Dodds

Dr William McCrea

Mr Jeffrey Donaldson

Mr Gregory Campbell

David Simpson

Jim Shannon

Ian Paisley

Sammy Wilson

NC1

To move the following Clause:—

‘After Section 6 of the British Nationality Act 1981 insert—

“6A
Acquisition by Persons Born in the Republic of Ireland

(1)
A person born in the Republic of Ireland shall be a British citizen if they

give notice in writing to the Secretary of State of their intention to be a

British citizen.

(2)
A person giving notice under subsection (1) must certify to the Secretary

of State that they intend to revoke their citizenship of the Republic of

Ireland.

Public Bill Committee: 16 July 2013
22

Northern Ireland (Miscellaneous Provisions) Bill, continued

(3)
The Secretary of State shall by regulations make provision regarding the

form of notice given under subsection (1).”.’.

Analysis of PSNI Historical Enquiries Team material

Mark Durkan

NC2

To move the following Clause:—

‘(1)
If the Secretary of State appoints one or more persons to prepare an analysis of

the work of the Historical Enquiries Team of the Police Service of Northern

Ireland, any existing provision prohibiting publication of the material to be

analysed shall, subject to subsection (2) below, not apply for the purposes of this

section.

(2)
No personal information shall be included in the analysis as published without the

permission of the person concerned or, if they are dead, of their relatives.’.

Pledge of Office by First Minister and Deputy First Minister

Mark Durkan

Ms Margaret Ritchie

NC3

To move the following Clause:—

‘After section 16A(9) of the Northern Ireland Act 1998, there shall be inserted—

“(9A)
The First Minister and Deputy First Minister shall each make their pledge

of office orally in full at a sitting of the Assembly.’.

Cross-community election of First Minister and Deputy First Minister

Mark Durkan

Ms Margaret Ritchie

NC4

To move the following Clause:—

‘In section 16A of the Northern Ireland Act 1998 (Appointment of First Minister,

Deputy First Minister and Northern Ireland Ministers following Assembly

election)—

(a)
subsections (4) to (7) and (9) (which relate to the appointment of the First

Minister and Deputy First Minister) shall cease to have effect;

(b)
after subsection (3) there shall be inserted—

Public Bill Committee: 16 July 2013
23

Northern Ireland (Miscellaneous Provisions) Bill, continued

“(4)
Each candidate for the office of First Minister or Deputy First

Minister must stand for election jointly with a candidate for the

other office.

(5)
Two candidates standing jointly shall not be elected to the two

offices without the support of a majority of the members voting

in the election, a majority of the designated Nationalists voting

and a majority of the designated Unionists voting.

(6)
The First Minister and the Deputy First Minister—

(a)
shall not take up office until each of them has affirmed

the terms of the pledge of office; and

(b)
subject to the provisions of this Part, shall hold office

until the conclusion of the next election for First

Minister and Deputy First Minister.”.

(c)
in subsection (3)(b) the reference to subsections (4) to (7) shall be

replaced by a reference to subsections (4) to (6).’.

Reduction in voting age to be a reserved matter

Mark Durkan

NC5

To move the following Clause:—

‘In Schedule 3 (Reserved matters) to the Northern Ireland Act 1998, after

paragraph 7 insert—

“7A
The alteration to any age between 16 and 18 of the minimum voting

age for elections to the Assembly or local government elections in

Northern Ireland.”.’.

Annual report on activity relating to Northern Ireland’s past

Mark Durkan

NC6

To move the following Clause:—

‘(1)
The Secretary of State shall lay a report before Parliament in respect of each year

as soon as possible after the end of the year to which it relates.

(2)
The Secretary of State may appoint a person or persons to produce the report

required under subsection (1).

(3)
A report laid under subsection (1) shall contain in relation to the year to which it

relates—

(a)
a summary of the work of the Historical Enquiries Team of the Northern

Ireland Police;

(b)
a summary of the work of the Police Ombudsman for Northern Ireland

insofar as it relates to Northern Ireland’s past;

Public Bill Committee: 16 July 2013
24

Northern Ireland (Miscellaneous Provisions) Bill, continued

(c)
a summary of the work of other public bodies which, in the opinion of the

Secretary of State, relates to Northern Ireland’s past;

(d)
a summary of responses made by Her Majesty’s Government or any other

Government or body to any of the work covered by the report; and

(e)
a clear indication where the findings of any work summarised in the

report contradict remarks recorded in the Official Report of the House of

Commons or House of Lords, especially by a Minister of the Crown.

(4)
After a report under subsection (1) has been laid before Parliament the Secretary

of State shall provide a statement to Parliament which shall contain references

to—

(a)
the comparative standard of enquiries conducted by the Historical

Enquiries Team during that year;

(b)
the progress made during the year in dealing with Northern Ireland’s

past;

(c)
any apologies that have been given by any Government or public body in

relation to the work summarised in the report; and

(d)
any other relevant issues or concerns as they relate to Northern Ireland’s

past.

(5)
Any existing provision prohibiting publication of the material to be summarised

under subsection (2)(a) shall, subject to subsection (6) below, not apply for the

purposes of this section.

(6)
No personal information shall be included in the report as laid before Parliament

without the permission of the person concerned or, if they are dead, of their

relatives.’.

Petitions of concern

Mark Durkan

NC7

To move the following Clause:—

‘(1)
In section 42 of the Northern Ireland Act 1998 (Petitions of concern), omit

subsection (3) and insert—

“(3)
When a petition of concern is lodged against a measure, proposal or a

decision by a Minister, Department or the Executive (“the matter”), the

Assembly shall appoint a special committee to examine and report on

whether the matter is in conformity with equality and human rights

requirements, including the European Convention on Human Rights and

any Bill of Rights for Northern Ireland.

(4)
A committee as provided for under subsection (3) may also be appointed

at the request of the Executive Committee, a Northern Ireland Minister or

relevant Assembly Committee.

(5)
The Assembly shall consider the report of any committee appointed

under this section and determine the matter in accordance with the

requirements for cross-community support.

Public Bill Committee: 16 July 2013
25

Northern Ireland (Miscellaneous Provisions) Bill, continued

(6)
Standing Orders shall provide for—

(a)
a committee appointed under this section to have the power to

call people and papers to assist in its consideration of the matter;

and

(b)
the size of such a committee and the timescale for a decision.

(7)
In relation to any specific petition of concern or request under subsection

(4), the Assembly may decide, with cross-community support, that the

procedure in subsections (3) and (5) shall not apply.”.’.

Order of the House [24 June 2013]

That the following provisions shall apply to the Northern Ireland (Miscellaneous

Provisions) Bill:

Committal

1.
Clauses 1 to 9 shall be committed to a Committee of the whole House.

2.
The remainder of the Bill shall be committed to a Public Bill Committee.

Proceedings in Committee

3.
Proceedings in Committee of the whole House shall (so far as not previously

concluded) be brought to a conclusion at the moment of interruption on the

day on which those proceedings are commenced.

4.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 18 July 2013.

5.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

6.
When the provisions of the Bill considered, respectively, by the Committee

of the whole House and by the Public Bill Committee have been reported to

the House, the Bill shall be proceeded with as if it had been reported as a

whole to the House from the Public Bill Committee.

Consideration and Third Reading

7.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

8.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

Programming Committee

9.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other proceedings

10.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.



© Parliamentary copyright	Revised 16 July 2013