Northern Ireland (Miscellaneous Provisions) Bill

revised
marshalled
list of Amendments
to be moved
ON REPORT

[Amendments marked * are new or have been altered]

After Clause 7

LORD EMPEY

LORD LEXDEN

1

Insert the following new Clause—

“Opposition status in the Assembly

(1)     Schedule 6 to the Northern Ireland Act 1998 (standing orders: further
provision) is amended as follows.

(2)     After paragraph 4(2) insert—

“(3)     The standing orders shall include provision in relation to the
allocation of the Chairmanship and Deputy Chairmanship of the
Public Accounts Committee.”

(3)     After paragraph 5 insert—

“Opposition status

6   (1)     The standing orders shall provide for official opposition status to
be allocated to any party with at least one seat in the Assembly
which is not a part of the Executive.

(2)     Official opposition status shall only be introduced under sub-
paragraph (1) if approved by a cross community vote in the
Assembly.

(3)     For the avoidance of doubt, it shall not be possible for the
Assembly to revoke the official opposition status accorded to
members under the provisions of this paragraph without the
consent of the Secretary of State.””

Clause 10

LORD EMPEY

LORD BEW

LORD ALDERDICE

2

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

2A*

Page 9, line 8, at end insert—

“( )     In subsection (2) of section 68 of the Northern Ireland Act 1998 (The
Northern Ireland Human Rights Commission), for “approved by the
Secretary of State” substitute “nominated by the First Minister and Deputy
First Minister and confirmed by a vote of the Northern Ireland Assembly”.

( )     In subsection (3) of section 68 of that Act, for “appointments” substitute
“nominations”.

( )     In subsection (3) of section 68 of that Act, for “Secretary of State” substitute
“First Minister and Deputy First Minister”.

( )     In subsection (2) of section 69 of the Northern Ireland Act 1998 (The
Commission’s functions), for “Secretary of State” substitute “the Northern
Ireland Assembly”.

( )     In subsection (3) of section 69 of that Act, for “Secretary of State and the
Executive Committee of the” substitute “Northern Ireland”.”

After Clause 25

LORD LEXDEN

LORD LESTER OF HERNE HILL

LORD BLACK OF BRENTWOOD

LORD PANNICK

3

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

4

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).””

Prepared 25th February 2014