Northern Ireland (Miscellaneous Provisions) Bill

marshalled
list of Amendments
to be moved
in committee

[Amendments marked * are new or have been altered]

After Clause 5

LORD EMPEY

LORD LEXDEN

LORD TRIMBLE

1

Insert the following new Clause—

“Opposition status in the Northern Ireland Assembly

(1)     The Northern Ireland Assembly may, at any time after the passage of this
Act, request that the Secretary of State introduce opposition status and
rights for members of the Assembly, subject to the provisions of this
section.

(2)     Within six months of receiving a request from the Northern Ireland
Assembly, the Secretary of State shall, by regulation, introduce the
following rights for Assembly members with opposition status—

(a)   speaking rights;

(b)   supply days; and

(c)   chairmanship and deputy chairmanship of the Public Accounts
Committee,

and shall make clear that these rights are to be allocated to members with
opposition status in a manner that is proportionate to their relative number
in the Assembly.

(3)     It shall be for the Speaker of the Northern Ireland Assembly to determine
what is proportionate under subsection (2) and to set this out in the
Assembly’s Standing Orders.

(4)     For the purposes of this section, opposition status shall apply to any party
with at least one seat in the Northern Ireland Assembly which is not a part
of the Executive and which has notified the Speaker in writing of its desire
to be accorded opposition status.”

Clause 6

LORD MCAVOY

BARONESS SMITH OF BASILDON

2

Page 6, line 30, at beginning insert—

“( )     In Schedule 3 to the Northern Ireland Act 1998 (reserved matters), at the
end of paragraph 1 insert “except such functions as are specified by the
Secretary of State by order made by statutory instrument.””

LORD EMPEY

 


Lord Empey gives notice of his intention to oppose the Question that Clause 6 stand part
of the Bill.

Clause 10

LORD EMPEY

LORD ALDERDICE

3

Page 9, line 7, at end insert—

“(3)     Subsections (1) and (2) shall only enter into force after the remaining
provisions of this section have been complied with.

(4)     The Secretary of State shall establish a body corporate called the Northern
Ireland Civil Service Commission (“the Commission”).

(5)     The Commission must publish a set of principles to be applied for the
purposes of recruiting persons on merit on the basis of fair and open
competition.

(6)     Before publishing the set of principles (or any revision of it), the
Commission must consult the Secretary of State.

(7)     Northern Ireland Civil Service management authorities must comply with
the recruitment principles.”

Clause 11

LORD ALDERDICE

 


Lord Alderdice gives notice of his intention to oppose the Question that Clause 11 stand
part of the Bill.

Clause 12

LORD EMPEY

 


Lord Empey gives notice of his intention to oppose the Question that Clause 12 stand part
of the Bill.

Before Clause 21

LORD SHUTT OF GREETLAND

4*

Insert the following new Clause—

“Civil forum

(1)     The Northern Ireland Act 1998 is amended as follows.

(2)     After section 55 insert—

“55A          Civic forum: establishment

The First Minister and Deputy First Minister shall consult with the
civil and voluntary sector within Northern Ireland in order to bring
forward proposals to the Northern Ireland Assembly to give effect
to a working and effective Civic Forum.”

(3)     In section 56 (civic forum), after subsection (2) insert—

“(2A)    A motion for approval under subsection (2) shall be made no later
than 1 April 2015.”.”

After Clause 25

LORD EMPEY

LORD TRIMBLE

5

Insert the following new Clause—

“Election of the First Minister

(1)     The Northern Ireland Act 1998 is amended as follows.

(2)     Omit sections 16A (appointment of First Minister, deputy First Minister
and Northern Ireland Ministers following Assembly election, 16B
(vacancies in the office of First Minister or deputy First Minister) and 16C
(sections 16A and 16B: supplementary).

(3)     Before section 17 (Ministerial offices) insert—

“A17 First Minister and deputy First Minister

(1)     Each Assembly shall, within a period of six weeks beginning with
its first meeting, elect from among its members the First Minister
and deputy First Minister.

(2)     Each candidate for either office must stand for election jointly with
a candidate for the other office.

(3)     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.

(4)     The First Minister and 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.

(5)     The holder of the office of First Minister or deputy First Minister
may by notice in writing to the Presiding Officer designate a
Northern Ireland Minister to exercise the functions of that office—

(a)   during any absence or incapacity of the holder; or

(b)   during any vacancy in that office arising otherwise than
under subsection (7)(a);

but a person shall not have power to act by virtue of paragraph (a)
for a continuous period exceeding six weeks.

(6)     The First Minister or the deputy First Minister—

(a)   may at any time resign by notice in writing to the Presiding
Officer; and

(b)   shall cease to hold office if he or she ceases to be a member
of the Assembly otherwise than by virtue of a dissolution.

(7)     If either the First Minister or the deputy First Minister ceases to hold
office at any time, whether by resignation or otherwise, the other—

(a)   shall also cease to hold office at that time; but

(b)   may continue to exercise the functions of his or her office
until the election required by subsection (8).

(8)     Where the offices of the First Minister and the deputy First Minister
become vacant at any time an election shall be held under this
section to fill the vacancies within a period of six weeks beginning
with that time.

(9)     Standing orders may make provision with respect to the holding of
elections under this section.

(10)     In this Act “the pledge of office” means the pledge of office which,
together with the code of conduct to which it refers, is set out in
Annex A to Strand One of the Belfast Agreement (the text of which
Annex is reproduced in Schedule 4).””

6

Insert the following new Clause—

“Amendment of Crime and Courts Act 2013

(1)     The Crime and Courts Act 2013 is amended as follows.

(2)     In section 61 (short title, commencement and extent), for subsection (18)
substitute—

“(18)    Part 1 of and Schedules 1 to 4 to this Act extend to Northern
Ireland.”

(3)     Omit Schedule 24 (the NCA: Northern Ireland).”

LORD LEXDEN

LORD BEW

LORD BLACK OF BRENTWOOD

7

Insert the following new Clause—

“Defamation

(1)     Section 17 of the Defamation Act 2013 (short title, extent and
commencement) is amended as follows.

(2)     In subsection (2), after “Wales” insert “and Northern Ireland”.”

LORD TRIMBLE

LORD EMPEY

8

Insert the following new Clause—

“Junior Ministers

In section 19 of the Northern Ireland Act 1998 (junior Ministers), after
subsection (1)(b), insert—

“(c)   that any department exercising any of the functions specified in
paragraph (b) shall do so under the direction and control of the
junior Minister.””

Clause 28

LORD EMPEY

9

Page 17, leave out line 40

Prepared 31st January 2014