sc811312.170-176

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B. Standing Committee Proceedings: 13th December 2005
170

Northern Ireland (Offences) Bill, continued

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  116

Clause  3,  page  3,  line  9,  at end insert—

‘(7A)
Before submitting a statement under subsection (2) (a) a senior member of the

Police Service of Northern Ireland must consult and have regard to the views of—

(a)
the Independent Monitoring Commission,

(b)
the Northern Ireland Victims Commissioner, and

(c)
the Northern Ireland Human Rights Commission.’.

Lady Hermon

Not called  252

Clause  3,  page  3,  leave out lines 11 to 13.

Lembit Öpik

Lorely Burt

Not called  53

Clause  3,  page  3,  line  17,  at end add—

‘“Victim Impact Assessment Panel” means a body of persons with relevant

professional qualifications established by the Secretary of State to

establish the impact of the offences and the consequences of the

provisions of this Act on victims.’.

Clause Agreed to on division.

Lembit Öpik

Lorely Burt

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Negatived on division  56

Clause  4,  page  3,  line  19,  leave out ‘or on behalf of’.

Mark Durkan

Dr Alasdair McDonnell

Not called  204

Clause  4,  page  3,  line  20,  leave out ‘commissioner’ and insert ‘commissioners’.

Lembit Öpik

Lorely Burt

Not called  57

Clause  4,  page  3,  line  20,  at end insert—

‘(1A)
The Commissioner may not consider an application if it is received more than 12

months after the provisions of this Act come into force.’.

S.C.B. Standing Committee Proceedings: 13th December 2005
171

Northern Ireland (Offences) Bill, continued

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  117

Clause  4,  page  3,  line  20,  at end insert—

‘(1A)
An application for a certificate of eligibility must be made by the applicant in the

manner required by the certification commissioner within six months of this Act

coming into force.’.

Lembit Öpik

Lorely Burt

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Not called  58

Clause  4,  page  3,  line  21,  leave out ‘(or those acting on his behalf)’.

Mark Durkan

Dr Alasdair McDonnell

Not called  205

Clause  4,  page  3,  line  22,  leave out ‘commissioner’ and insert ‘commissioners’.

Mark Durkan

Dr Alasdair McDonnell

Not called  206

Clause  4,  page  3,  line  24,  leave out ‘commissioner’ and insert ‘commissioners’.

Mark Durkan

Dr Alasdair McDonnell

Negatived on division  239

Clause  4,  page  3,  line  26,  leave out subsection (4) and insert—

‘(4)
The commissioner must inform the following of all details of the application—

(a)
the Secretary of State;

(b)
the Director of Public Prosecutions;

(c)
the Chief Constable;

(d)
the Police Ombudsman;

(e)
the victim, where identifiable and practicable; and

(f)
the public, in such manner as the commissioner sees fit.’.

Mark Durkan

Dr Alasdair McDonnell

Not called  207

Clause  4,  page  3,  line  26,  leave out ‘commissioner’ and insert ‘commissioners’.

Lembit Öpik

Lorely Burt

Not called  59

Clause  4,  page  3,  line  26,  after ‘State’, insert ‘, the victims of the offences stated in

the application’.

S.C.B. Standing Committee Proceedings: 13th December 2005
172

Northern Ireland (Offences) Bill, continued

Lady Hermon

Not called  171

Clause  4,  page  3,  line  26,  leave out ‘and’.

Lady Hermon

Not called  172

Clause  4,  page  3,  line  27,  after ‘Ireland’, insert ‘the Chief Constable of the Police

Service of Northern Ireland (incorporating the Royal Ulster Constabulary), the General

Officer commanding in Northern Ireland, the Security Service and the Secret Intelligence

Service.’.

Mr Peter Robinson

Mr Jeffrey M. Donaldson

Sammy Wilson

Negatived on division  14

Clause  4,  page  3,  line  27,  at end insert ‘, following which victims and victims’

families shall be notified.

(4A)
Following notification under subsection (4), the Secretary of State shall publish

the names of applicants in such manner as he sees fit.’.

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  118

Clause  4,  page  3,  line  27,  at end insert—

‘(4A)
The commissioner must inform the Northern Ireland Victims Commissioner of

the application.’.

Mark Durkan

Dr Alasdair McDonnell

Not called  190

Clause  4,  page  3,  line  28,  leave out subsection (5) and insert—

‘(5)
Representations may be made to the Commissioner about the application by—

(a)
the Secretary of State;

(b)
the Director of Public Prosecutions for Northern Ireland;

(c)
the Chief Constable;

(d)
the Police Ombudsman;

(e)
the victim; and

(f)
any member of the public.’.

Mark Durkan

Dr Alasdair McDonnell

Not called  208

Clause  4,  page  3,  line  28,  leave out ‘commissioner’ and insert ‘commissioners’.

S.C.B. Standing Committee Proceedings: 13th December 2005
173

Northern Ireland (Offences) Bill, continued

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  119

Clause  4,  page  3,  line  29,  at end insert—

‘(5A)
The Northern Ireland Victims Commissoner may make representations to the

commissioner about the application.’.

Mark Durkan

Dr Alasdair McDonnell

Not called  209

Clause  4,  page  3,  line  30,  leave out ‘commissioner’ and insert ‘commissioners’.

Mark Durkan

Dr Alasdair McDonnell

Not called  210

Clause  4,  page  3,  line  31,  leave out ‘he’ and insert ‘they’.

Mark Durkan

Dr Alasdair McDonnell

Not called  240

Clause  4,  page  3,  leave out lines 32 and 33 and insert—

‘(a)
to the applicant

(b)
to the Secretary of State;

(c)
to the Chief Constable;

(d)
to the Police Ombudsman;

(e)
to the victim, where identifiable and practicable; and

(f)
to the public, in such manner as the commissioner sees fit.’.

Mark Durkan

Dr Alasdair McDonnell

Not called  211

Clause  4,  page  3,  line  35,  leave out ‘commissioner’ and insert ‘commissioners’.

Mr Peter Robinson

Mr Jeffrey M. Donaldson

Sammy Wilson

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Not called  16

Clause  4,  page  3,  line  41,  leave out paragraph (c).

Mark Durkan

Dr Alasdair McDonnell

Not called  212

Clause  4,  page  3,  line  42,  leave out ‘commissioner’ and insert ‘commissioners’.

S.C.B. Standing Committee Proceedings: 13th December 2005
174

Northern Ireland (Offences) Bill, continued

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Mark Durkan

Not called  120

Clause  4,  page  3,  line  44,  leave out paragraph (d).

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Mark Durkan

Not moved  121

Clause  4,  page  4,  line  3,  leave out paragraph (f).

Mark Durkan

Dr Alasdair McDonnell

Not called  192

Clause  4,  page  4,  line  4,  at end insert—

‘(8A)
The rules may not include—

(a)
provision allowing the Secretary of State to prevent information about an

applicant from being disclosed by the commissioner; or

(b)
provision allowing the Secretary of State to prevent reasons that are

required to be given to any person under subsection (6) making reference

to any matter.’.

Mark Durkan

Dr Alasdair McDonnell

Negatived on division  242

Clause  4,  page  4,  line  4,  at end insert—

‘(8A)
The rules may not include provision about amendment of certificates of eligibility

(whether by the addition or deletion of certified offences or otherwise).’.

Lady Hermon

Not called  173

Clause  4,  page  4,  leave out lines 6 to 12 and insert ‘those notified of the application

under subsection (4) to the certification commissioner.’.

Mark Durkan

Dr Alasdair McDonnell

Not called  213

Clause  4,  page  4,  line  7,  leave out ‘commissioner’ and insert ‘commissioners’.

Mark Durkan

Dr Alasdair McDonnell

Not called  214

Clause  4,  page  4,  line  7,  leave out ‘his’ and insert ‘their’.

S.C.B. Standing Committee Proceedings: 13th December 2005
175

Northern Ireland (Offences) Bill, continued

Mr Peter Robinson

Mr Jeffrey M. Donaldson

Sammy Wilson

Mark Durkan

Dr Alasdair McDonnell

Not called  15

Clause  4,  page  4,  line  13,  leave out subsection (11).

Mark Durkan

Dr Alasdair McDonnell

Not called  215

Clause  4,  page  4,  line  14,  leave out ‘commissioner’ and insert ‘commissioners’.

Mark Durkan

Dr Alasdair McDonnell

Not called  216

Clause  4,  page  4,  line  16,  leave out ‘commissioner’ and insert ‘commissioners’.

Mark Durkan

Dr Alasdair McDonnell

Not called  217

Clause  4,  page  4,  line  19,  leave out ‘commissioner’ and insert ‘commissioners’.

Clause Agreed to on division.

Lady Hermon

Not selected  254

Clause  5,  page  4,  line  21,  leave out subsection (1).

Lady Hermon

Negatived on division  253

Clause  5,  page  4,  leave out lines 22 to 28 and insert ‘any proceedings already

commenced for—



(a)
an offence to which this Act applies, or

(b)
an offence committed before 10th April 1998 in connection with such an

offence,


are to be suspended until the application is determined.’.

Mark Durkan

Dr Alisdair McDonnell

Not called  259

Clause  5,  page  4,  line  23,  leave out from ‘applies’ to end of line 25 and insert

‘which would be certified within the meaning of section 3(7), were the application

granted,’.

S.C.B. Standing Committee Proceedings: 13th December 2005
176

Northern Ireland (Offences) Bill, continued

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  122

Clause  5,  page  4,  line  27,  leave out paragraph (b).

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  123

Clause  5,  page  4,  line  29,  leave out subsection (2).

Lady Hermon

Not called  255

Clause  5,  page  4,  line  31,  at end insert—

‘(2A)
Where proceedings are suspended by virtue of subsection (1)(b) the court shall

not consider the fact of suspension in determining whether or not to grant bail.’.

Lady Hermon

Not called  256

Clause  5,  page  4,  line  31,  at end insert—

‘(2A)
Where proceedings are suspended by virtue of subsection (1)(b) and any custody

time limit applies, that time limit shall also be suspended until the application is

determined.’.

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  124

Clause  5,  page  4,  leave out lines 33 and 34.

Mark Durkan

Dr Alasdair McDonnell

Not called  218

Clause  5,  page  4,  line  33,  leave out ‘commissioner certifies’ and insert

‘commissioners certify’.

Clause Agreed to on division.