Amendment Paper as at
Monday 4th March 2002
CONSIDERATION OF BILL
JUSTICE (NORTHERN IRELAND) BILL
NOTE
The Amendments have been arranged in accordance with the Order to be proposed by Mr Secretary Reid.
Mr Secretary Reid
To move, That the Justice (Northern Ireland) Bill, as amended, be considered in the following order, namely, new Clauses relating to Part 1, amendments relating to Clauses 1 and 2, Schedule 1, Clause 3, Schedule 2, Clauses 4 and 5, Schedule 3, Clauses 6 to 11, Schedule 4, Clauses 12 and 13, Schedule 5, Clauses 14 to 20, Schedule 6, Clauses 21 and 22, new Clauses relating to Part 2, amendments relating to Clauses 23 to 29, Schedule 7, Clauses 30 to 44, new Clauses relating to Part 3, amendments relating to Clause 45, Schedule 8, Clauses 46 to 50, Schedule 9, Clauses 51 and 52, new Clauses relating to Part 4, amendments relating to Clauses 53 to 62, Schedule 10, Clause 63, Schedule 11, Clauses 64 and 65, new Clauses relating to Part 5, amendments relating to Clauses 66 to 80, remaining new Clauses, amendments relating to Clauses 81 to 84, Schedule 12, Clause 85, Schedule 13, Clauses 86 to 92, new Schedules and remaining proceedings on consideration.
NEW CLAUSES RELATING TO PART 1
Appointment of Queen's Counsel
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
NC1
To move the following Clause:—
'(1) Her Majesty may from time to time, on the recommendation of the Secretary of State, appoint members of the Bar of Northern Ireland, Queen's Counsel in Northern Ireland.
(2) The power of the Secretary of State to make recommendations under subsection (1) is exercisable only after consultation with a Committee of the Judicial Appointments Commission consisting of all the judicial and legal profession members under a procedure to be determined by the Committee.'.
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
Lembit Öpik
Patsy Calton
1
Page 1, line 6 [Clause 1], after 'judiciary', insert 'and the legal profession'.
Mr Secretary Reid
104
Page 2, line 5 [Clause 2], at end insert '(other than the office of Lord Chief Justice or Lord Justice of Appeal),'.
Mr Secretary Reid
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
2
Page 71, line 9 [Schedule 1], leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Mr Secretary Reid
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
3
Page 71, line 10 [Schedule 1], leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Mr Secretary Reid
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
4
Page 3, line 1 [Clause 3], leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Lembit Öpik
Patsy Calton
97
Page 3, line 5 [Clause 3], leave out 'representative' and insert 'reflective'.
Lembit Öpik
Patsy Calton
98
Page 3, line 5 [Clause 3], at end insert ', including in terms of gender and ethnicity'.
Mr Secretary Reid
174
Page 75, line 12 [Schedule 2], leave out 'lay member or' and insert 'member of the Commission and, unless he is a lay member,'.
Mr Seamus Mallon
169
Page 4, line 35 [Clause 5], at end insert—
'(8A) Without prejudice to subsection (8), the Commission must, as far as practicable, exercise its functions to select persons to be appointed or recommended for appointment in order to secure that the judiciary is reflective of the community in Northern Ireland.'.
Mr Secretary Reid
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
5
Page 77, line 8 [Schedule 3], leave out 'District Judges (Magistrates' Courts)' and insert 'Resident Magistrates'.
Mr Secretary Reid
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
6
Page 77, line 11 [Schedule 3], leave out 'District Judges (Magistrates' Courts)' and insert 'Resident Magistrates'.
Mr Secretary Reid
105
Page 77, line 23 [Schedule 3], leave out 'expenses' and insert 'salaries'.
Mr Secretary Reid
106
Page 82, line 23 [Schedule 3], leave out 'subsections (2) and (11)' and insert 'subsection (2)'.
Mr Secretary Reid
107
Page 82, line 24 [Schedule 3], at end insert—
| '(4) | In subsection (5), for "Lord Chancellor otherwise determines" substitute "First Minister and deputy First Minister, acting jointly, otherwise determine". |
(a) for "Lord Chancellor" substitute "First Minister and deputy First Minister", and
(b) for "he may" substitute "they may jointly".'.
Mr Secretary Reid
108
Page 82, line 25 [Schedule 3], leave out from beginning to '(within' in line 27 and insert—
| '(1) | Section 89 is amended as follows. |
| (2) | After subsection (1) insert— |
"(1A) An order under section 10(4) shall be subject to affirmative resolution".'.
Mr Secretary Reid
109
Page 82, line 28 [Schedule 3], at end insert—
| '(3) | In subsection (3), omit "10(4) or".'. |
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
28
Page 5, line 33 [Clause 6], after 'office', insert 'for a maximum of three months'.
Lady Hermon
Mr David Trimble
Mr Roy Beggs
70
Page 6, line 23 [Clause 8], after 'by', insert 'the Lord Chancellor or'.
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
29
Page 6, line 23 [Clause 8], after 'jointly', insert 'with the agreement of the Prime Minister'.
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
30
Page 6, line 30 [Clause 8], leave out 'the Lord Chief Justice or'.
Mr Secretary Reid
110
Page 7, line 24, leave out Clause 9.
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
33
Page 8, line 6 [Clause 10], leave out 'Lord Chancellor' and insert 'First Minister and deputy First Minister acting jointly'.
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
34
Page 8, line 9 [Clause 10], leave out 'Lord Chancellor' and insert 'Lord Chief Justice'.
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
31
Page 8, line 9 [Clause 10], leave out from 'Chancellor' to end of line 12.
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
32
Page 8, line 13 [Clause 10], leave out subsection (3).
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
35
Page 8, line 17 [Clause 10], leave out 'Lord Chancellor' and insert 'First Minister and deputy First Minister acting jointly'.
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
36
Page 8, line 18 [Clause 10], at end insert—
'( ) No order under this section may be made without the agreement of the Lord Chief Justice.'.
Lady Hermon
Mr David Trimble
Mr Roy Beggs
74
Page 8, line 27 [Clause 10], after 'body', insert 'or'.
Lady Hermon
Mr David Trimble
Mr Roy Beggs
71
Page 8, line 30 [Clause 10], leave out from 'creditors' to end of line 31.
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
43
Page 8 [Clause 10], leave out lines 32 and 33.
Lady Hermon
Mr David Trimble
Mr Roy Beggs
72
Page 8, line 34 [Clause 10], leave out '"Prescribed" means Prescribed in the Order' and insert 'Notwithstanding subsections (4) and (5), a person shall be disqualified from appointment as a lay magistrate if he has at any time been convicted in Northern Ireland or elsewhere of a criminal offence'.
Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes
37
Page 8, line 41 [Clause 10], leave out 'Lord Chancellor' and insert 'Lord Chief Justice'.
Lady Hermon
Mr David Trimble
Mr Roy Beggs
73
Page 8, line 41 [Clause 10], at end insert—
'10A The Lord Chancellor must remove any Lay Magistrate from Office if they have at any time been convicted in Northern Ireland or elsewhere of a criminal offence.'.
