S.C.B.
Amendment Paper as at
Thursday 6th July 2000
STANDING COMMITTEE B
POLICE (NORTHERN IRELAND) BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [13th June], as follows:
Clause 1; Schedules 1 and 2; Clauses 2 to 13; Schedule 3; Clauses 14 to 66; Schedule 4; Clauses 67 to 70; Schedules 5 to 7; Clauses 71 to 73; new Clauses; new Schedules.
Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
287
Clause 68, page 33, line 6, after 'section', insert '24(2), 60,'.
Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
288
Clause 68, page 33, line 9, at end insert—
'(5) A statutory rule made under sections 24(2) or 60 may not be made unless a draft of the statutory rule has been approved by resolution of each House of Parliament.'.
Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
291
Clause 69, page 33, line 40, at end insert—
'(1A) Save in Part IV and section 62 of this Act and in section 51 of the 1998 Act, in the Police Acts "efficiency and effectiveness" includes impartiality and having regard to international human rights standards on policing.'.
Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
Mr Kevin McNamara
Dr Norman A. Godman
Mr Stephen Pound
59
Clause 69, page 33, leave out lines 41 to 43.
Mr John M. Taylor
Mr Dominic Grieve
Mr Andrew Hunter
156
Clause 69, page 33, leave out lines 42 and 43 and insert—
'(a) the Royal Ulster Constabulary; and
(b) the Royal Ulster Constabulary Reserve.'.
Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
Mr Kevin McNamara
Dr Norman A. Godman
Mr Stephen Pound
60
Clause 69, page 34, leave out lines 1 to 16.
Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
Mr Kevin McNamara
Dr Norman A. Godman
Mr Stephen Pound
61
Clause 70, page 34, line 19, leave out subsection (2).
Mr Adam Ingram
283
Schedule 5, page 61, line 30, leave out 'or' and insert 'and'.
Mr Adam Ingram
284
Schedule 5, page 61, line 43, after '41(2)' insert 'and (4)'.
Mr Adam Ingram
285
Schedule 5, page 62, line 2, leave out 'section 42(4)' and insert 'subsection (4) of section 42, and in both places where it occurs in subsection (5) of that section,'.
Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
Mr Kevin McNamara
Dr Norman A. Godman
Mr Stephen Pound
72
Schedule 5, page 62, line 10, at end insert—
'(e) in section 64(2) after paragraph (n) insert—
"(o) procedures for an investigation begun under section 61A to be continued, where the Ombudsman so directs, as if it had originally been begun under section 56 or section 57, as appropriate".'.
Mr Adam Ingram
286
Schedule 5, page 62, line 24, at end insert ';
( ) in paragraph 7(2)(a), for "section 19" substitute "section 31 of the Police (Northern Ireland) Act 2000";
( ) in paragraph 8(4), for "section 18" substitute "section 30 of the Police (Northern Ireland) Act 2000".'.
Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
Mr Kevin McNamara
Dr Norman A. Godman
Mr Stephen Pound
73
Schedule 5, page 62, line 40, at end insert—
'Fair Employment and Treatment (Northern Ireland) Order, 1998 (NI 21)
24. In Article 74 of the Fair Employment and Treatment (Northern Ireland) Order, 1998, delete "in Northern Ireland.".'.
Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
289
Schedule 6, page 63, leave out lines 6 to 24.
Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
290
Schedule 6, page 63, leave out lines 25 to 29.
Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
Mr Kevin McNamara
Dr Norman A. Godman
Mr Stephen Pound
74
Schedule 7, page 64, line 38, at end insert 'Sections 65(4) and (5)'.
NEW CLAUSES
Renaming of the police force in Northern Ireland
Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
Mr Kevin McNamara
Dr Norman A. Godman
Mr Stephen Pound
NC1
To move the following Clause:—
'1.—(1) The Royal Ulster Constabulary shall be known instead as the Police Service of Northern Ireland.
(2) The Royal Ulster Constabulary Reserve shall be known instead as the Police Service of Northern Ireland Reserve.
(3) The police force in Northern Ireland shall be known instead as the Police service and shall consist of—
(a) the Police Service of Northern Ireland; and
(b) the Police Service of Northern Ireland Reserve.
(4) In relation to any time after the coming into force of this section, any reference in any statutory provision or other document—
(a) to the Chief Constable of the Royal Ulster Constabulary shall be construed as a reference to the Chief Constable of the Police Service of Northern Ireland;
(b) to a person holding any other particular rank, or a rank of any particular description, in the Royal Ulster Constabulary shall be construed as a reference to a person holding that rank, or a rank of that description in the Police Service of Northern Ireland;
(c) to a member of the Royal Ulster Constabulary shall be construed as a reference to a member of the Police Service of Northern Ireland;
(d) to a member of the Royal Ulster Constabulary Reserve shall be construed as a reference to a member of the Police Service of Northern Ireland Reserve;
(e) to the Royal Ulster Constabulary Reserve shall be construed as a reference to the Police Service of Northern Ireland Reserve;
(f) to the Royal Ulster Constabulary in any other context shall be construed as a reference to the Police Service of Northern Ireland;
(g) to the police force in Northern Ireland shall be construed as a reference to the police service within the meaning of this Act.
(5) In the Police Acts—
"the Service" means the Police Service of Northern Ireland;
"the Reserve" means the Police Service of Northern Ireland Reserve.
(6) In this Act—
"the Police Acts" means this Act and the 1998 Act;
"the 1998 Act" means the Police (Northern Ireland) Act 1998.'.
Police Oversight Commissoner for Northern Ireland
Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
Mr Kevin McNamara
Dr Norman A. Godman
Mr Stephen Pound
NC2
To move the following Clause:—
'(1) There shall be a Police Oversight Commissioner for Northern Ireland.
(2) The Police Oversight Commissioner for Northern Ireland shall oversee the reform of policing in Northern Ireland.
(3) The person for the time being holding the office of Police Oversight Commissioner for Northern Ireland shall by that name be a corporation sole.
(4) Schedule (Police Oversight Commissioner for Northern Ireland) shall have effect in relation to the Police Oversight Commissioner for Northern Ireland (in this Part referred to as "the Oversight Commissioner").
(5) The Secretary of State may by order repeal this Part, abolish the office of the Oversight Commissioner and make any necessary consequential provisions not less than five years after the coming into force of this Part.
(6) Before making an order under subsection (5), the Secretary of State shall consult—
(a) the Oversight Commissioner;
(e) the Northern Ireland Human Rights Commission.
(7) An order under subsection (5) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.'.
Inquiries by the Police Oversight Commissioner
Mr John Hume
Mr Seamus Mallon
Mr Eddie McGrady
Mr Kevin McNamara
Dr Norman A. Godman
Mr Stephen Pound
NC5
To move the following Clause:—
'(1) The Oversight Commissioner may inquire into any matter related to the reform of policing in Northern Ireland.
(2) Before initiating any inquiry under subsection (1) the Oversight Commissioner shall consult—
(a) the Secretary of State;
(3) An inquiry under this section shall be held in public except where it is manifestly in the public interest not to do so.
(4) Paragraphs 2 to 5 of Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 (inquiries and investigations) shall apply to an inquiry under this section with the substitution for references to the Ministry of references to the person conducting the inquiry.
(5) The Oversight Commissioner shall send a copy of the report of any inquiry under this section to—
(a) the Secretary of State;
(6) The Oversight Commissioner shall publish the report of any inquiry in such manner as he thinks appropriate.'.
