Amendments proposed to the Police (Northern Ireland) Bill - continued House of Commons

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Affirmative action


Mr Lembit Öpik
Dr Jenny Tonge


To move the following Clause:—

    '.—The Chief Constable or any person appointed under the terms of section 41(1) shall pursue an active programme of affirmative action to target the recruitment of persons from under-represented sections of society.'.

Name of the police force in Northern Ireland


Mr Ken Maginnis


To move the following Clause:—

    '.—(1) The body of constables known as the Royal Ulster Constabulary shall continue in being as the Police Service of Northern Ireland (incorporating the Royal Ulster Constabulary).

    (2) The body of constables referred to in (1) above shall be styled for operational purposes the "Police Service of Northern Ireland.".'.



Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
Mr Kevin McNamara
Dr Norman A. Godman
Mr Stephen Pound


To move the following Schedule—

'Police Oversight Commissioner for Northern Ireland

The Oversight Commissioner

    1.—(1)The Oversight Commissioner shall be appointed by Her Majesty.

    (2) Subject to the following provisions of this paragraph, a person shall hold and vacate office as Oversight Commissioner in accordance with the terms of his appointment.

    (3) An appointment as Oversight Commissioner may be full-time or part-time.

    (4) The first appointment as Oversight Commissioner shall be for—

      (a) a period of 5 years; or

      (b) a period ending on the date on which the person appointed attains the age of 70,

    whichever is the shorter.

    (5) Further appointments as Oversight Commissioner shall be for such periods as the Secretary of State may determine.

    (6) A person whose term of appointment as Oversight Commissioner expires shall be eligible for re-appointment.

    (7) A person may at any time resign his office as Oversight Commissioner by notice in writing to Her Majesty.

    (8) The Secretary of State may call on the Ombudsman to retire—

      (a) in the interests of efficiency and effectiveness; or

      (b) if satisfied that the Oversight Commissioner has—

    (i) been convicted of a criminal offence; or

    (ii) become bankrupt or made a composition or arrangement with his creditors.

    (9) Before calling upon the Oversight Commissioner to retire, the Secretary of State shall give the Oversight Commissioner an opportunity to make, either personally or otherwise, representations to him and shall consider any representations that he makes.

    (10) An Oversight Commissioner who is called upon to retire under sub-paragraph (8) shall retire on such date as the Secretary of State may specify or on such earlier date as may be agreed between him and the Secretary of State.

Remuneration, pensions, allowances, etc.

    2.—(1) The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of a person appointed to the office of Oversight Commissioner as he may determine.

    (2) Where a person ceases to hold office as Oversight Commissioner otherwise than on the expiry of this term of office, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may make to that person a payment of such amount as the Secretary of State may determine.


    3.—(1) The Oversight Commissioner shall, with the approval of the Secretary of State as to numbers and as to remuneration and other terms and conditions of service, employ such persons as he thinks appropriate to enable him to carry out his functions.

    (2) The Oversight Commissioner may make such arrangements for administrative, secretarial or other assistance to be provided for him by persons employed in the civil service.

    (3) Employment by the Oversight Commissioner shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply and accordingly in Schedule 1 to that Act, at the appropriate place in the list of "Other Bodies" there shall be inserted—

      "Employment by the Police Oversight Commissioner for Northern Ireland."

    (4) Where a person who is employed by the Oversight Commissioner and is by reference to that employment a participant in a scheme under section 1 of the said Act of 1972 is appointed to the office of Oversight Commissioner, the Minister for the Civil Service may determine that his service in that office may be treated for the purposes of the scheme as service as an employee of the Oversight Commissioner; and his rights under the scheme shall not be affected by paragraph 2(1).

    4. The Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 does not require insurance to be effected by the Oversight Commissioner.

Exercise of functions

    5. Any functions of the Oversight Commissioner under this Act may be performed by any officer of the Oversight Commissioner authorised for the purpose by the Oversight Commissioner.


    6. A document purporting to be duly signed, or on behalf of, the Oversight Commissioner shall be received in evidence and, unless the contrary is proved, be taken to be so signed.


    7. The Secretary of State shall pay to the Oversight Commissioner such sums as appear to the Secretary of State of the appropriate for defraying the expenses of the Oversight Commissioner under this Act.

    8.—(1) The Oversight Commissioner shall—

      (a) keep proper accounts and proper records in relation to the accounts;

      (b) prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct; and

      (c) send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

    (2) The Comptroller and Auditor General shall examine, certify and report on each statement received by him under this paragraph and shall lay copies of each statement and of his report before each House of Parliament.


    9.—(1) The Oversight Commissioner may, for the purposes of his functions as such, acquire, hold and dispose of real or personal property.

    (2) Any real or personal property vesting in the Oversight Commissioner for such purposes shall (unless and until disclaimed or disposed of) vest in his successor in office of the time being.

    (3) Where there is a vacancy in the office of Oversight Commissioner at the time when real or personal property would otherwise have vested, the property shall vest in the successor on his appointment.'.

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Prepared 15 Jun 2000