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Amendment Paper as at
Wednesday 26th March 2003

CONSIDERATION OF BILL


POLICE (NORTHERN IRELAND) BILL [LORDS], AS AMENDED

NOTE

The Amendments have been arranged in accordance with the Police (Northern Ireland) Bill [Lords] (Programme) (No. 4) Motion in the name of Mr Secretary Murphy and Mr Ben Bradshaw.

NEW CLAUSES RELATING TO DISTRICT POLICING PARTNERSHIPS

Independent members: declaration against terrorism

   

Mr Secretary Murphy

NC1

To move the following Clause:—

    '(1)   Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) (district policing partnerships) is amended as follows.

    (2)   In paragraph 1 (interpretation) after sub-paragraph (3) insert—

      "(3A) In this Schedule a "declaration against terrorism" means a declaration in the form set out in Part 1 of Schedule 2 to the Elected Authorities (Northern Ireland) Act 1989, with the substitution of the words "if appointed" for the words "if elected"."

    (3)   In paragraph 5 (council's nominations of independent members) in sub-paragraph (4) after "if" insert "(a)" and after "the DPP" insert—

       ", or

      (b) he has not made a declaration against terrorism".

    (4)   In paragraph 7 (removal of members from office) in sub-paragraph (1) after paragraph (a) insert—

      "(aa) in the case of an independent member, he has acted in breach of the terms of a declaration against terrorism;".

    (5)   In paragraph 7 after sub-paragraph (2) insert—

      "(3) Section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies to determine whether an independent member has acted in breach of the terms of a declaration against terrorism as it applies to determine whether a person who has made a declaration required for the purpose of section 3, 4 or 5 of that Act has acted in breach of the terms of the declaration.

      (4) As applied by sub-paragraph (3), section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies with the following modifications—

      (a) in subsection (1), for the words from "after" to "the Assembly" substitute "when he is an independent member of a district policing partnership";

      (b) omit subsection (4);

      (c) in subsection (5), in the definition of "public meeting" after paragraph (c) insert—

          "(d)  any meeting of a district policing partnership or a committee of a district policing partnership (whether or not a meeting which the public is permitted to attend), and

          (e) any meeting of a sub-group established under section 21 of the Police (Northern Ireland) Act 2000 or a committee of such a sub-group (whether or not a meeting which the public is permitted to attend), and".

          (6)   Subsections (1) to (5) come into force in accordance with provision made by the Secretary of State by order.'.


      Independent members: disqualification

         

      Mr Secretary Murphy

      NC2

      To move the following Clause:—

          '(1)   In paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) (disqualification for membership of district policing partnership) for sub-paragraph (2) substitute—

          "(2) A person is disqualified for being an independent member of a DPP if—

          (a) he has been convicted in Northern Ireland or elsewhere of any offence and has had passed on him a sentence of imprisonment or detention, and

          (b) the relevant period has not ended.

          (3) The relevant period is the period of five years beginning with the person's discharge in respect of the offence.

          (4) For the purposes of sub-paragraph (3) the following are to be treated as the discharge of a person (whether or not his release is subject to conditions)—

          (a) his release on licence;

          (b) his release in pursuance of a grant of remission.

          (5) Sub-paragraph (4) does not apply in relation to the release of a person in respect of an offence if he is required to return to prison or detention for a further period in respect of the offence.

          (6) Subject to sub-paragraph (7), the reference in sub-paragraph (2) to a sentence of imprisonment or detention does not include a suspended sentence.

          (7) Sub-paragraph (6) does not apply in relation to a suspended sentence that has been ordered to take effect.

          (8) In this paragraph "suspended sentence" means a sentence of imprisonment or detention that is ordered not to take effect unless the conditions specified in the order are met."

          (2)   Subsection (1) comes into force in accordance with provision made by the Secretary of State by order.'.

      As Amendments to Mr Secretary Murphy's proposed New Clause (NC2) (Independent members: disqualification):—

         

      Mr Quentin Davies
      Mr John Taylor
      Mr David Wilshire

      (a)

      Line     10,     leave out 'five' and insert 'ten'.

         

      Mr Quentin Davies
      Mr John Taylor
      Mr David Wilshire

      (b)

      Leave out lines 20 to 27.


      Belfast (No. 2)

         

      Mr Secretary Murphy

      NC14

      To move the following Clause:—

          '(1)   Schedule [Belfast (No. 2)] makes provision in relation to Belfast.

          (2)   Subsection (1) comes into force in accordance with provision made by the Secretary of State by order.'.


      Independent members of district policing partnerships

         

      Mr David Trimble
      Lady Hermon

      NC9

      To move the following Clause:—

          '(1)   Paragraph 4 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) (independent members) is amended as set out in subsections (2) and (3).

          (2)   After sub-paragraph (1) insert—

          "(1A) No person may be appointed an independent member pursuant to sub-paragraph (1) above unless the Board make a declaration that the Board is satisfied that the person is not involved in any paramilitary organisation or in organised crime."

          (3)   After sub-paragraph (1A) insert—

          "(1B) Before making a declaration under sub-paragraph (1A) above the Board must consult the district commander for the local policing district.".'.


      Political members of district policing partnerships

         

      Mr David Trimble
      Lady Hermon

      NC10

      To move the following Clause:—

          '(1)   Paragraph 3 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) (political members) is amended as set out in subsections (2) and (3).

          (2)   After sub-paragraph (1) insert—

          "(1A) No person may be appointed a political member pursuant to sub-paragraph (1) above unless the Board make a declaration that the Board is satisfied that the person is not involved in any paramilitary organisation or in organised crime."

          (3)   After sub-paragraph (1A) insert—

          "(1B) Before making a declaration under sub-paragraph (1A) above the Board must consult the district commander for the local policing district.".'.


      Removal from office of members of district police partnerships

         

      Mr David Trimble
      Lady Hermon

      NC11

      To move the following Clause:—

          '(1)   Paragraph 7 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) (removal of members from office) is amended as set out in subsection (2).

          (2)   After sub-paragraph (1) insert—

          "(1A) The Board must remove a person from office as an independent member of a DPP if at any time after their appointment the Board is no longer satisfied that the person is not involved in any paramilitary organisation or in organised crime and would not make a declaration pursuant to paragraph 4(1A) in respect of that person.

          (1B) The council must remove a person from office as a political member of a DPP if at any time after their appointment the Board recommend to the council that it is no longer satisfied that the person is not involved in any paramilitary organisation or in organised crime and would not make a declaration pursuant to paragraph 3(1A) in respect of that person.".'.


      Disqualification of independent members of district policing partnerships

         

      The Reverend Ian Paisley
      Mr Peter Robinson
      Mr Nigel Dodds
      Mrs Iris Robinson
      Mr Gregory Campbell

      NC13

      To move the following Clause:—

          '(1)   Paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) shall be amended as follows.

          (2)   In sub-paragraph (2) the words after "offence" shall be omitted.

          (3)   After sub-paragraph (2) there shall be inserted—

          "(3) The Secretary of State may exempt a person from disqualification under the provisions of sub-paragraph (2) if, in the opinion of the Secretary of State, the offence of which the person was convicted was not such as to render the person unsuitable for membership.".'.


      Disqualification from independent membership of a DPP

         

      Mr Quentin Davies
      Mr John Taylor
      Mr David Wilshire

      NC18

      To move the following Clause:—

             'In paragraph 8 to Schedule 3 of the Police (Northern Ireland) Act 2000 (c. 32) (disqualification) for sub-paragraph (2) substitute—

              "(2)   A person is disqualified from being an independent member of a DPP if he has at any time been convicted in Northern Ireland or elsewhere of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) of more than twelve months.

              (2A)   A person is disqualified from being an independent member of a DPP if, in the opinion of a police officer of superintendent rank or above, he is connected with a paramilitary organisation listed in Schedule 2 of the Terrorism Act 2000.

              (2B)   A person is disqualified from being an independent member of a DPP if, in the opinion of a police officer of superintendent rank or above, he is connected with a paramilitary organisation specified under section 3(8) of the Northern Ireland Sentences Act 1998.".'



       
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      ©Parliamentary copyright 2003
      Prepared 26 Mar 2003