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| Northern Ireland (Miscellaneous Provisions) Bill
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| | Patterns and lessons report on aspects of the past |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may appoint a person or persons to prepare an analysis of |
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| | findings, issues, patterns or lessons from various reports in particular events of |
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| | Northern Ireland’s troubled past. |
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| | (2) | The Secretary of State may exercise this power in consulation or conjunction with |
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| | (3) | The reports from which an analysis or narrative might be drawn will include those |
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| | (a) | a body established to investigate, review and report on matters in |
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| | Northern Ireland’s burdened past in terms, and with standards, which |
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| | comply with Article 2 of the European Convention of Human Rights; |
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| | (b) | the Historical Enquiries Team; |
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| | (c) | the Police Ombudsman; |
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| | (e) | an independent panel; or |
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| | (f) | other review mechanisms. |
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| | (4) | If the Secretary of State appoints a person or persons to prepare a narrative |
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| | analysis under this section, any existing provision prohibiting publication of the |
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| | material to be analysed shall, subject to subsection (5) below, not apply for the |
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| | purposes of this section. |
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| | (5) | No personal information shall be included in the analysis as published without the |
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| | permission of the person concerned or, if they are dead, of their relatives. |
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| | Member’s explanatory statement
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| | This Clause would allow reports to be commissioned on aspects of Northern Ireland’s troubled |
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| | past, drawing on findings in reports by given mechanisms which have investigated or considered |
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| | particular cases or events. Those mechanisms could include any new body created with particular |
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| | regard to Article 2 ECHR compliance. |
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| To move the following Clause:— |
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| | ‘(1) | In section 42 of the Northern Ireland Act 1998 (Petitions of concern), omit |
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| | subsection (3) and insert— |
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| | “(3) | When a petition of concern is lodged against a measure, proposal or a |
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| | decision by a Minister, Department or the Executive (“the matter”), the |
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| | Assembly shall appoint a special committee to examine and report on |
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| | whether the matter is in conformity with equality and human rights |
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| | requirements, including the European Convention on Human Rights and |
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| | any Bill of Rights for Northern Ireland. |
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| | (4) | Consistent with paragraphs 11, 12 and 13 (Strand 1) of the Belfast |
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| | Agreement, a committee as provided for under subsection (3) may also |
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| | be appointed at the request of the Executive Committee, a Northern |
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| | Ireland Minister or relevant Assembly Committee. |
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| | (5) | A committee appointed under this section— |
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| | (a) | shall have the powers to call people and papers to assist in its |
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| | (b) | shall take evidence from the Equality Commission and the |
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| | (6) | The Assembly shall consider the report of any committee appointed |
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| | under this section and determine the matter in accordance with the |
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| | requirements for cross-community support. |
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| | (7) | Standing Orders shall provide for— |
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| | (a) | decisions on the size, timescale and terms of reference for such a |
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| | (b) | procedure(s) to allow for subsection (8). |
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| | (8) | In relation to any specific petition of concern or request under subsection |
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| | (4), the Assembly may decide, with cross-community support, that the |
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| | procedure in subsections (3) and (5) shall not apply.”.’. |
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| | Member’s explanatory statement
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| | This Clause would amend the Northern Ireland Act 1998 to reflect the terms and intent of para |
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| | graphs 11, 12 and 13 of strand 1 of the Belfast Agreement. It would qualify the exercise of veto |
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| | powers, via petitions of concern in the Assembly, through the consideration of possible equality or |
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| | human rights implications. |
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| | Annual report an activity relating to Northern Ireland’s past |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall lay a report before Parliament in respect of each year |
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| | as soon as possible after the end of the year to which it relates. |
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| | (2) | The Secretary of State may appoint a person or persons to produce the report |
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| | required under subsection (1). |
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| | (3) | A report laid under subsection (1) shall contain in relation to the year to which it |
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| | (a) | a summary of the work of any body established to investigate, review or |
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| | report on matters in Northern Ireland’s burdened past in terms and with |
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| | standards which comply with Article 2 of the European Convention on |
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| | (b) | a summary of the work of the Historical Enquiries Team of the Northern |
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| | (c) | a summary of the work of the Police Ombudsman for Northern Ireland |
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| | insofar as it relates to Northern Ireland’s past; |
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| | (d) | a summary of the work of the Independent Commission for the Location |
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| | (e) | a summary of the work of other public bodies which, in the opinion of the |
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| | Secretary of State, relates to Northern Ireland’s past; |
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| | (f) | a summary of findings of any inquiry, review or panel which has reported |
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| | on particular events in Northern Ireland’s past; |
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| | (g) | a summary of responses made by Her Majesty’s Government or any other |
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| | Government or body to any of the work covered by the report; and |
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| | (h) | a clear indication where the findings of any work summarised in the |
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| | report contradict remarks recorded in the Official Report of the House of |
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| | Commons or House of Lords, especially by a Minister of the Crown. |
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| | (4) | After a report under subsection (1) has been laid before Parliament the Secretary |
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| | of State shall provide a statement to Parliament which shall contain references |
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| | (a) | independent legal assessment of the compliance of the work covered by |
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| | the report with Article 2 of the European Convention of Human Rights; |
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| | (b) | the progress made during the year in dealing with Northern Ireland’s |
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| | (c) | any apologies that have been given by any Governement or public body |
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| | in relation to the work summarised in the report; |
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| | (d) | any apologies that have been given by any Government or public body in |
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| | the context of any other reports, revelations or admissions which relate to |
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| | Northern Ireland’s past; and |
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| | (e) | any other relevant issues or concerns as they relate to Northern Ireland’s |
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| | (5) | Any exisiting provision prohibiting publication of the material to be summarised |
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| | under subsection (2)(a) shall, subject to subsection (6) below, not apply for the |
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| | purposes of this section. |
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| | (6) | No personal information shall be included in the report as laid before Parliament |
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| | without the permission of the person concerned or, if they are dead, of their |
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| | Member’s explanatory statement
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| | This Clause would allow for a new Article 2 compliant mechanism to investigate past events. This |
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| | could replace the Historical Enquiries Team and Police Ombudsman’s respective roles on the |
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| | past. It provides an annual report on all work on the past accompanied by a ministerial statement |
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| | addressing certain matters. |
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| Secretary Theresa Villiers |
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| Clause 1, page 2, line 37, leave out ‘October’ and insert ‘January’. |
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| Clause 6, page 6, line 37, at end add— |
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| | ‘7B | The alteration of the number of members of the Assembly required to express |
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| | their concern about a matter which is to be voted on by the Assembly, such |
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| | concern requiring that the vote on that matter shall require cross-community |
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| | | This paragraph does not include the alteration of that number to a number |
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| Clause 22, page 16, line 3, at end insert— |
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| | ‘(1) | After subsection (2) of the section 75 (Statutory duty on public authorities) of that |
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| | “(2A) | A public authority shall not interpret its obligations under subsection (2) |
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| | in a way that is incompatible with measures taken on the basis of |
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| | (1B) | In subsection (5) of section 75 of that Act insert ““good relations” shall be |
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| | interpreted in line with international obligations and, in particular, with regard |
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| | (a) | tackling prejudice, and |
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| | (b) | promoting understanding.”.’. |
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| | Member’s explanatory statement
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| | This amendment would apply to Northern Ireland, the clarification provided in the Equality Act |
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