S.C.F.
Amendment Paper as at
Thursday 7th 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
285
Schedule 8, page 94, line 34, after 'State', insert 'after consultation with the Chief Inspector,'.
Mr Seamus Mallon
287
Schedule 8, page 95, line 36, leave out sub-paragraph (4).
Mr Seamus Mallon
290
Clause 46, page 26, line 15, after 'inspections', insert 'of the efficiency and effectiveness'.
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'.
Mr Seamus Mallon
289
Clause 46, page 26, line 31, leave out 'must' and insert 'need'.
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.'
Mr Seamus Mallon
288
Clause 47, page 27, line 13, at end insert—
'(1A) The Chief Inspector must carry out an inspection of each organisation specified in subsection 46(1) at least once in every year, unless he is satisfied that the organisation is subject to adequate inspection by someone other than him.'.
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
273
Clause 48, page 28, line 2, leave out 'without 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.'. |
Lady Hermon
187
Clause 48, page 28, line 24, leave out 'Public' and insert 'Crown'.
Lembit Öpik
Patsy Calton
159
Clause 49, page 28, line 18, leave out subsection (3).
Lady Hermon
198
Clause 50, page 28, line 35, after 'Court', insert 'either in Northern Ireland, England and Wales or Scotland.'.
Lady Hermon
199
Clause 50, page 29, line 4, leave out from 'who' to end of line 6 and insert 'may hold judicial office or may be a solicitor or barrister or teacher of law at a university.'.
Lady Hermon
242
Clause 50, page 29, line 13, after 'representative', insert ', including in terms of gender and ethnicity,'.
Mr Seamus Mallon
279
Clause 51, page 29, line 27, after 'State', insert 'and the First Minister and Deputy First Minister acting jointly'.
Mr Seamus Mallon
280
Clause 51, page 29, line 33, after 'State', insert 'and the First Minister and Deputy First Minister acting jointly'.
Mr Seamus Mallon
281
Clause 51, page 29, line 36, after 'State', insert 'and the First Minister and Deputy First Minister acting jointly'.
Mr Seamus Mallon
282
Clause 51, page 30, line 2, after 'State', insert 'and the First Minister and Deputy First Minister acting jointly'.
Mr Seamus Mallon
283
Clause 51, page 30, line 4, leave out subsection (b).
Lady Hermon
245
Clause 51, page 30, line 4, leave out second 'and'.
Lady Hermon
243
Clause 51, page 30, line 5, at end insert—
| '(cc) | The Human Rights Commission for Northern Ireland, and |
| (cd) | The Equality Commission for Northern Ireland.'. |
Lady Hermon
244
Clause 51, page 30, line 9, leave out from beginning and insert—
| '(c) | any other such law reform body in any jurisdiction that appears to the Commission appropriate with respent to a particular area of law.'. |
Mr Seamus Mallon
278
Clause 53, page 30, line 31, leave out subsection (1) and insert—
'( ) The principal aim of the youth justice system in Northern Ireland is to prevent offending by children and to promote the child's reintergration and the child assuming a constructive role in society.
( ) Every child in contact with the law shall be treated in a manner consistent with the promotion of the child's sense of dignity and worth, reinforcing the child's respect for the human rights and fundamental freedoms of others.'.
Patsy Calton
Lembit Öpik
223
Clause 53, page 30, line 32, after 'children', insert 'having taken into account the best interests of the child as the paramount consideration, as identified in the United Nations Conventions on the Rights of the Child; the International Covenant on Civil and Political Rights; The United Nations Guidelines for the prevention of Juvenile delinquency; the United Nations Standard minimum for the Administration of Youth Justice and the United Nations Guidelines for the protection of juveniles deprived of their liberty.'.
Lady Hermon
264
Clause 53, page 30, line 32, after 'children', insert 'and young persons'.
Mr Seamus Mallon
277
Clause 53, page 30, line 37, leave out 'welfare' and insert 'best interests'.
Patsy Calton
Lembit Öpik
224
Clause 53, page 30, line 41, at end insert—
'(3A) A Guardian ad Litem will be appointed for the child in all cases where custody is a possible outcome of Court proceedings.'.
