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New Clause 44
Armed Forces: Part 10
'(1) Section 31 of the Armed Forces Act 2001 (c. 19) (provision in consequence of enactments relating to criminal justice) applies to an enactment contained in this Part so far as relating to matters not specified in subsection (2) of that section as it applies to a criminal justice enactment.
(2) The power under that section to make provision equivalent to that made in relation to qualifying offences by an enactment contained in this Part (with or without modifications) includes power to make such provision in relation to such service offences as the Secretary of State thinks fit.
(3) In subsection (2) "service offence" means an offence under the Army Act 1955 (3&4Eliz.2 c. 18), the Air Force Act 1955 (3&4Eliz.2 c. 19) or the Naval Discipline Act 1957 (c. 53).'.—[Paul Goggins.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 54
Application of Part 10 to Northern Ireland
'(1) In its application to Northern Ireland this Part is to have effect subject to the modifications in
this section.
(2) In sections 63(1)(a) and (b), 64(2)(a), 67(3) and 73(2)(a) for "England and Wales" substitute "Northern Ireland".
(3) For section 63(2)(c) substitute—
"(c) in respect of which, in proceedings where he has been found to be unfit to be tried in accordance with Article 49 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), a finding has been made that he did the act or made the omission charged against him."
(4) In section 63(8) for "Part 1" substitute "Part 1A".
(5) In section 69(1) for "Criminal Appeal Act 1968 (c. 19)" substitute "Criminal Appeal (Northern Ireland) Act 1980 (c. 47)".
(6) In section 69(2)—
(a) for "33" substitute "31", and
(b) for "An" substitute "Subject to the provisions of this Part of this Act, an".
(7) In section 69(4)—
(a) for "34(2)" substitute "32(2)", and
(b) for "33(1B)" substitute "31(1B)".
(8) In section 72(1) for "preferred" substitute "presented".
(9) After section 72(6) insert—
"(6A) Article 29 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) applies in the case of a person who is to be tried in accordance with subsection (1) as if—
(a) he had been committed for trial for the offence in question, and
(b) the reference in paragraph (2)(a) of that Article to a magistrates' court included a reference to the Court of Appeal."
(10) In section 79(1) for the words from the beginning to "does" substitute "Sections 30(4) and 36 of the Justice (Northern Ireland) Act 2002 (c. 26) do".
(11) Until the coming into force of section 36 of that Act of 2002 the reference to that section in subsection (10) is to be read as a reference to Article 4(8) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)).
(12) In section 80(2) for "the Criminal Appeal Rules and the Crown Court Rules" substitute "rules under section 55 of the Judicature (Northern Ireland) Act 1978 (c. 23) and Crown Court Rules".
(13) In section 81(1) for the definition of "police force" substitute—
(a) the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,
(b) the Ministry of Defence Police,
(c) any body of constables appointed under Article 19 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)), or
(d) any body of special constables appointed in Northern Ireland under section 79 of the Harbours, Docks and Piers Clauses Act 1847 (c. 27) or section 57 of the Civil Aviation Act 1982 (c. 16);".
(14) Omit section 81(2).'.
Brought up, read the First and Second time, and added to the Bill.
Clause 279
Amendments made: No. 421, in page 156, line 17, leave out line 17 and insert—
'section (Restrictions on publication in the interests of justice);'.
No. 473, in page 156, line 31, at end insert—
'sections 63 to 69;
sections 72 to 81 and (Application of Part 10 to Northern Ireland);
Schedule 4.'.
No. 422, in page 156, line 31, at end insert—
'(4A) Section (Armed forces: Part 10) has the same extent as section 31 of the Armed Forces Act 2001 (c. 19).'.—[Paul Goggins.]
More than six and a half hours having elapsed since the commencement of proceedings on the Bill, further consideration of the Bill stood adjourned, pursuant to Orders [4 February, 5 March, 2 April and today].
Bill, as amended in the Standing Committee, to be further considered tomorrow.
DELEGATED LEGISLATION
Motion made, and Question put forthwith, pursuant to Standing Order No. 118(6)(Standing Committees on Delegated Legislation),
Local Government Finance
- That the Local Government Finance (England) Special Grant Report (No. 121) (HC 640) on Invest to Save Budget Round 5 Projects, Local e-Government Programme and e-Voting, which was laid before this House on 11th April, be approved.—[Jim Fitzpatrick.]
REGULATORY REFORM
Motion made, and Question put forthwith, pursuant to Standing Order No. 18 (Consideration of draft regulatory reform orders),
British Waterways Board
- That the draft Regulatory Reform (British Waterways Board) Order 2003, which was laid before this House on 28th April, be approved.—[Jim Fitzpatrick.]
WELSH GRAND COMMITTEE
- That—
(1) the matter of the Economy in Wales be referred to the Welsh Grand Committee for its consideration;
(2) the Committee shall meet at Westminster on Tuesday 24th June at five minutes to Nine o'clock and between Two o'clock and Four o'clock to take questions under Standing Order No. 103 (Welsh Grand Committee (questions for oral answer)), and to consider the matter of the Economy in Wales under Standing Order No. 107 (Welsh Grand Committee (matters relating exclusively to Wales)).—[Jim Fitzpatrick.]
BUSINESS OF THE HOUSE
- That at the sitting on Thursday 22nd May, the Motion for the adjournment of the House in the name of the Prime Minister relating to matters to be considered before the forthcoming adjournment may be proceeded with, though opposed, for three hours, or until Six o'clock, whichever is the later, and shall then lapse.—[Jim Fitzpatrick.]
PETITIONS
Street Crime (Canvey Island)
10.19 pm
Bob Spink (Castle Point): The scourge of youth nuisance, violence, vandalism and street crime is deeply damaging to our communities. We must take back ownership and control of our streets for decent people, young and old alike. We must tackle yob behaviour. The good people of Canvey Island have raised a petition with that in mind.
- "To the Honourable the Commons of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled.
The Humble Petition of Councillors Norman Banbridge, Frieda Cridland, Dorothy Best, Lance Munt and others of like disposition sheweth
That residents of Canvey Island and particularly Winter Gardens are increasingly concerned about the threatening and criminal behaviour that is being experienced around Canvey Island, including Winter Gardens, and believe that firm action should be taken to increase policing of the area and to pursue a zero tolerance approach to crime on the streets involving young people.
Wherefore your Petitioners pray that your honourable House shall urge the Government to ensure that police foot patrols are provided for Canvey Island and particularly the Winter Gardens and other problem areas, especially at night time.
And your Petitioners, as in duty bound, will every pray.
Mobile Phone Masts
10.20 pm
Bob Spink (Castle Point): Mobile phone masts and other antennae have become a source of great anxiety to our constituents. It is yet another subject about which the Government are not listening to people and the Opposition are listening to them. Our constituents want more say about the location of mobile phone masts. They want to protect their interests and those of their children, hence the petition, which states:
- To the Honourable the Commons of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled.
The humble Petition of Mrs. Hughes, Councillor Kate Meager, Councillor David Cross and others of like disposition sheweth
That local residents seek greater controls over the siting of mobile phones and other antennae and are concerned about the impact of these on the health and well being of residents, particularly children, and on the street scene.
Wherefore your Petitioners pray that your honourable House shall urge the Government to give more control over mobile phone masts and other such antennae to local communities through local planning procedures and local councillors.
And your Petitioners, as in duty bound, will ever pray.
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