S.C.F.
Amendment Paper as at
Tuesday 5th February 2002
STANDING COMMITTEE F
New Amendments handed in are marked thus *
JUSTICE (NORTHERN IRELAND) BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [29th January].
Mr Seamus Mallon
200
Clause 31, page 18, line 32, at end insert—
'(3A) Subject to subsection (8), the Director and Deputy Director shall be appointed by open competition.'.
Mr Seamus Mallon
207
Clause 31, page 18, line 41, leave out '40(3) or'.
Mr Crispin Blunt
Mr John Hayes
174
Clause 31, page 19, line 5, leave out 'Secretary of State' and insert 'First Minister and Deputy First Minister acting jointly'.
Mr Crispin Blunt
Mr John Hayes
175
Clause 31, page 19, line 10, leave out 'Secretary of State' and insert 'First Minister and Deputy First Minister acting jointly'.
Lembit Öpik
Patsy Calton
Lady Hermon
156
Clause 31, page 19, line 16, after 'finances', insert ', management'.
Mr Crispin Blunt
Mr John Hayes
176
Clause 33, page 20, line 7, at end insert—
| '(c) | the victim or victims of the offence, or in event of their being deceased or mentally incapacitated, their next of kin'. |
Mr Crispin Blunt
Mr John Hayes
177
Clause 33, page 20, line 8, at end insert—
'(2A) Where proceedings against a person in relation to an offence are discontinued under subsection (1), the Director must give reasons for the discontinuance of proceedings to those persons listed under subsection (2), unless in the Director's judgement to do so would be against the interest of justice or the public interest.'.
Lady Hermon
218
Clause 35, page 21, line 11, leave out 'Public' and insert 'Crown'.
Mr Seamus Mallon
201
Clause 35, page 21, line 14, at end insert—
'(3A) In section 55 (Consideration of other matters by the Ombudsman), after subsection (1) insert
| "(1A) | The Director shall refer to the Ombudsman any matter which— |
| (a) | appears to the Director to indicate that a member of the police service may have— |
(i) committed a criminal offence; or
(ii) behaved in a manner which would justify disciplinary proceedings; and
| (b) | is not the subject of a complaint.'". |
Mr Seamus Mallon
202
Clause 35, page 21, line 15, leave out 'in subsection (1) (in each place) and'.
Mr Crispin Blunt
Mr John Hayes
178
Clause 36, page 22, line 2, at end insert—
'(6) Where the Director is not satisfied with the information provided to him by the Police he may refer the case to the Police Ombudsman for investigation.'.
Lady Hermon
219
Clause 37, page 22, line 7, leave out 'Public' and insert 'Crown'.
Mr Seamus Mallon
203
Clause 38, page 22, line 30, at end insert—
( ) The Director must consult with-
| (a) | the First Minister and Deputy First Minister; |
| (b) | the Northern Ireland Human Rights Commission; and |
| (c) | any other person appearing to the Director to have an interest in the matter, |
before finalising, or making alterations to, a code.'.
Mr Seamus Mallon
204
Clause 38, page 22, line 30, at end insert—
'( ) In exercising his functions under subsections (1) and (4), the Director must have regard to the United Nations Guidelines on the Role of Prosecutors.'.
Mr Seamus Mallon
205
Clause 40 page 23 line 18, leave out subsection (2).
Mr Seamus Mallon
206
Clause 40, page 23, line 32, leave out subsection (3).
Lady Hermon
220
Clause 41, page 23, line 41, leave out 'Public' and insert 'Crown'.
NEW CLAUSES RELATING TO PART 2
Provision of reasons not to institute or continue proceedings
Mr Seamus Mallon
NC2
To move the following Clause:—
'(1) Where the Director decides not to institute proceedings against a person or discontinues such proceedings he shall provide the Attorney General with reasons for his decision.
(2) The Attorney General shall, if requested by a person properly connected to the matter, provide a copy of those reasons to that person unless to do so would be against the interests of justice or the public interest.'.
Lady Hermon
221
Clause 46, page 26, line 21, leave out 'Public' and insert 'Crown'.
Mr Crispin Blunt
Mr John Hayes
31
Clause 46, page 26, line 30, at end insert—
| (k) | the police ombudsman for Northern Ireland.'. |
Lady Hermon
Lembit Öpik
181
Clause 46, page 26, line 30, at end insert—
| (l) | the Police Ombudsman for Northern Ireland, |
| (m) | the Financial Services Authority, |
| (n) | the Inland Revenue.'. |
Lembit Öpik
Patsy Calton
157
Clause 46, page 26, line 31, leave out 'must not' and insert 'may choose not to'.
Lady Hermon
188
Clause 46, page 26, line 42, at end insert—
'(5A) An inspection carried out by the Chief Inspector of Consignia, the Financial Services Authority or the Inland Revenue may cover only functions relating to the Criminal Justice System in Northern Ireland.'
Lady Hermon
189
Clause 46, page 27, line 5, at end insert—
'(6A) No order shall be made under subsection (6) above unless the Secretary of State has consulted the Chief Inspector of Criminal Justice.'
Lady Hermon
190
Clause 47, page 27, line 18, after 'State', insert 'or the First Minister and Deputy First Minister, acting jointly'.
Lady Hermon
222
Clause 47, page 27, line 25, leave out 'Public' and insert 'Crown'.
Lembit Öpik
Patsy Calton
Mr Seamus Mallon
158
Clause 47, page 27, line 28, leave out subsection (a).
Lady Hermon
191
Clause 48, page 27, line 42, at end insert—
'(ba) any person to state, to the best of his knowledge and belief, where any such document is to be found, or'.
Lady Hermon
192
Clause 48, page 28, line 1, leave out 'commits' and insert 'is guilty of'.
Lady Hermon
193
Clause 48, page 28, line 2, leave out 'reasonable excuse'.
Lady Hermon
194
Clause 48, page 28, line 5, at end insert—
'(3A) If a person is charged with an offence under subsection (3) in respect of a requirement to produce a document under subsection (3), it is a defence to prove—
| (a) | that the document was not in his possession or under his control; and |
| (b) | that it was not reasonably practicable for him to comply with the requirement. |
(3B) If a person is charged with an offence under subsection (3) in respect of a requirement—
| (a) | to provide information, |
| (b) | to provide an explanation of a document, or |
| (c) | to state where a document is to be found, |
it is a defence for him to prove that he had a reasonable excuse for failing to comply with the requirement.'.
Lady Hermon
195
Clause 48, page 28, line 6, leave out from 'subsection' to end of line 7 and insert '(3)(a) is liable—
| (a) | on summary conviction to a fine not exceeding the statutory maximum, and |
| (b) | on conviction on indictment, to a fine'. |
Lady Hermon
196
Clause 48, page 28, line 7, at end insert—
'(4A) A person is guilty of an offence if, having been required to produce a document under subsection (2)—
| (a) | he intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it, or |
| (b) | he causes or permits its destruction, disposal, falsification or concealment.'. |
Lady Hermon
197
Clause 48, page 28, line 7, at end insert—
'(4B) A person guilty of an offence under subsection (4A) above is liable—
| (a) | on summary conviction, to a fine not exceeding the statutory maximum; |
| (b) | on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.'. |
