S.C.D.
Amendment Paper as at
Thursday 25th March 2004
STANDING COMMITTEE D
JUSTICE (NORTHERN IRELAND) BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Resolution of the programming Sub-Committee [24th March].
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed to the following Resolution at its meeting on Wednesday 24th March (Sessional Order C relating to Programming):
That—
(1) during proceedings on the Justice (Northern Ireland) Bill the Standing Committee shall meet on Thursdays at 9.10 a.m. and 2.30 p.m.;
(2) 4 sittings shall be allotted to the consideration of the Bill in Committee;
(3) the proceedings shall be taken in the following order: Clause 1, Schedule 1, Clauses 2 to 4, New Clauses relating to removal or suspension from judicial offices, Clauses 5 to 10, Schedule 2, Clauses 11 to 15, Schedule 3, Clauses 16 and 17, Schedule 4, Clauses 18 to 22, Other New Clauses, New Schedules, remaining proceedings on the Bill;
(4) Proceedings on the Bill shall (so far as not previously concluded) be brought to a conclusion at 5.00 p.m. on Thursday 1st April 2004.
Mr John Spellar has given notice of his intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Sessional Order C(9) relating to Programming].
Mr David Trimble
47
Clause 1, page 1, line 5, leave out from 'Schedule 1' to end of line 7.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
55
Clause 1, page 1, line 5, leave out 'Lord Chancellor' and insert 'Secretary of State for Constitutional Affairs'.
Mr David Trimble
The Reverend Martin Smyth
28
Page 1, line 2, leave out Clause 1.
Mr David Trimble
51
Schedule 1, page 12, leave out lines 3 and 4 and insert 'Amendments to Part 1 of the Justice (Northern Ireland) Act 2002.'.
Mr David Trimble
52
Schedule 1, page 12, line 4, at end insert 'In section (1) of the 2002 Act, leave out "of justice".'.
Mr David Trimble
53
Schedule 1, page 12, line 8, at end insert—
| '(a) | 2A section 4 is amended as follows, |
| (b) | In subsection (2) of section 12 after the words "Lord Justice of Appeal" at end insert "or a judge of the High Court". |
| (c) | leave out section 12A.'. |
Mr David Trimble
54
Schedule 1, page 12, line 24, at end insert—
'(7) In section 9 leave out the words "Lay Magistrate" wherever they occur and substitute "Justice of the Peace".
(8) leave out section 10.'.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
10
Clause 2, page 1, line 9, at beginning insert—
'( ) In section 3 of the 2002 Act (makeup of the Commission)
| (a) | in subsection 5(a) for 'five', substitute 'six' and |
| (b) | in subsection 5(c), for 'five', substitute 'four'. |
Mr Alistair Carmichael
Mr David Trimble
1
Clause 2, page 2, line 1, leave out from 'Chancellor' to end of line 3.
Mr David Trimble
The Reverend Martin Smyth
30
Clause 2, page 2, line 1, leave out from 'Chancellor' to end of line 7 and insert 'to ensure those persons appointed to be lay members must so far as possible have a sophisticated understanding of legal issues as well as proven experience in selection procedure.'.
Mr Alistair Carmichael
2
Clause 2, page 2, line 4, leave out 'their' and insert 'his'.
Mr David Trimble
49
Clause 2, page 2, line 7, at end insert 'At the beginning of subsection 8 of section 3 of the 2002 Act, insert "The lay members should be selected on the basis of the additional value they would bring to the Commission's deliberation, including such qualities as experience of selection processes, the court users' perspective and the utility to assess the personal qualities of candidates.".'.
Mr Alistair Carmichael
3
Clause 2, page 2, line 7, at end insert—
'(9) Those responsible for making appointments under subsection (8) shall carry out their duties with due regard to the need to promote equality of opportunity in relation to—
| (a) | religion and political opinion; |
| (h) | sexual orientation.'. |
Mr David Trimble
50
Clause 2, page 2, line 7, at end insert—
'(1) In Schedule 2 to the 2002 Act in paragraph 11 (Delegation) for sub-sub-paragraph (1) leave out from "functions" to end and insert "except the function of selecting a person for appointment, or recommendation for appointment, to an office, to any of its committees.".
(2) In Schedule 2 to the 2002 Act, leave out paragraph 12.'.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
Mr Alistair Carmichael
11
Clause 2, page 2, line 8, leave out subsection 2.
Mr David Trimble
The Reverend Martin Smyth
29
Page 1, line 8, leave out Clause 2.
Mr Andrew Hunter
The Reverend Ian Paisley
Mr Peter Robinson
Mr Jeffrey M. Donaldson
Mr Nigel Dodds
Mrs Iris Robinson
24
Clause 3, page 2, leave out lines 24 to 38.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
Mr Alistair Carmichael
12
Clause 3, page 2, line 25, after 'of', insert 'continuous'.
Mr David Trimble
The Reverend Martin Smyth
31
Clause 3, page 2, leave out lines 26 to 38.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
56
Clause 3, page 2, line 26, after 'of', insert 'continuous'.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
13
Clause 3, page 2, line 36, at end insert—
'(11) The Commission shall submit a report annually to the Lord Chancellor on the progress of the programme of action and the Lord Chancellor shall lay this report before Parliament.'.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
14
Clause 4, page 3, line 5, at end insert 'and—
| (c) | consult the Lord Chancellor.'. |
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
15
Clause 4, page 3, line 7, after 'consult', insert 'the Lord Chancellor and'.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
16
Clause 4, page 3, line 11, after 'advice', insert 'as to the substance of their recommendation and'.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
17
Clause 4, page 3, line 21, at end insert—
'(7) Any recommendation made to the Prime Minister under this section shall contain no fewer than 2 names.'.
Mr David Trimble
The Reverend Martin Smyth
32
Page 2, line 39, leave out Clause 4.
NEW CLAUSES RELATING TO REMOVAL OR SUSPENSION
FROM JUDICIAL OFFICES
Removal or suspension from listed judicial offices
Mr John Spellar
NC1
To move the following Clause:—
'In section 7 of the 2002 Act in subsection (5) (agreement of the Lord Chief Justice required to the removal or suspension of a person from a listed judicial office) for "without the agreement of" substitute "except after consultation with".'.
Mr Andrew Hunter
The Reverend Ian Paisley
Mr Peter Robinson
Mr Jeffrey M. Donaldson
Mr Nigel Dodds
Mrs Iris Robinson
25
Clause 5, page 3, line 30, after 'shall', insert 'within his discretion'.
Mr David Trimble
The Reverend Martin Smyth
34
Clause 5, page 3, line 32, leave out 'may have' and insert 'has'.
Mr David Trimble
The Reverend Martin Smyth
35
Clause 5, page 3, leave out lines 33 to 35.
Mr David Trimble
The Reverend Martin Smyth
36
Clause 5, page 3, line 38, at end insert 'No reference shall be made in subsection (4A) if the conduct giving rise to the intended referral took place after the coming into force of this section.'.
Mr David Trimble
The Reverend Martin Smyth
33
Page 3, line 23, leave out Clause 5.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
57
Clause 6, page 4, line 15, after 'whether', insert 'or not'.
