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| Clause 3, page 3, line 9, at end insert— |
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| | ‘(7A) | Before submitting a statement under subsection (2) (a) a senior member of the |
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| | Police Service of Northern Ireland must consult and have regard to the views of— |
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| | (a) | the Independent Monitoring Commission, |
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| | (b) | the Northern Ireland Victims Commissioner, and |
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| | (c) | the Northern Ireland Human Rights Commission.’. |
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| Clause 3, page 3, leave out lines 11 to 13. |
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| Clause 3, page 3, line 17, at end add— |
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| | ‘“Victim Impact Assessment Panel” means a body of persons with relevant |
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| | professional qualifications established by the Secretary of State to |
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| | establish the impact of the offences and the consequences of the |
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| | provisions of this Act on victims.’. |
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| | Clause Agreed to on division. |
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| Clause 4, page 3, line 19, leave out ‘or on behalf of’. |
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| Clause 4, page 3, line 20, leave out ‘commissioner’ and insert ‘commissioners’. |
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| Clause 4, page 3, line 20, at end insert— |
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| | ‘(1A) | The Commissioner may not consider an application if it is received more than 12 |
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| | months after the provisions of this Act come into force.’. |
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| Clause 4, page 3, line 20, at end insert— |
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| | ‘(1A) | An application for a certificate of eligibility must be made by the applicant in the |
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| | manner required by the certification commissioner within six months of this Act |
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| Clause 4, page 3, line 21, leave out ‘(or those acting on his behalf)’. |
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| Clause 4, page 3, line 22, leave out ‘commissioner’ and insert ‘commissioners’. |
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| Clause 4, page 3, line 24, leave out ‘commissioner’ and insert ‘commissioners’. |
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| | Negatived on division 239 |
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| Clause 4, page 3, line 26, leave out subsection (4) and insert— |
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| | ‘(4) | The commissioner must inform the following of all details of the application— |
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| | (a) | the Secretary of State; |
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| | (b) | the Director of Public Prosecutions; |
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| | (d) | the Police Ombudsman; |
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| | (e) | the victim, where identifiable and practicable; and |
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| | (f) | the public, in such manner as the commissioner sees fit.’. |
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| Clause 4, page 3, line 26, leave out ‘commissioner’ and insert ‘commissioners’. |
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| Clause 4, page 3, line 26, after ‘State’, insert ‘, the victims of the offences stated in |
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| Clause 4, page 3, line 26, leave out ‘and’. |
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| Clause 4, page 3, line 27, after ‘Ireland’, insert ‘the Chief Constable of the Police |
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| Service of Northern Ireland (incorporating the Royal Ulster Constabulary), the General |
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| Officer commanding in Northern Ireland, the Security Service and the Secret Intelligence |
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| Clause 4, page 3, line 27, at end insert ‘, following which victims and victims’ |
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| families shall be notified. |
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| | (4A) | Following notification under subsection (4), the Secretary of State shall publish |
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| | the names of applicants in such manner as he sees fit.’. |
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| Clause 4, page 3, line 27, at end insert— |
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| | ‘(4A) | The commissioner must inform the Northern Ireland Victims Commissioner of |
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| Clause 4, page 3, line 28, leave out subsection (5) and insert— |
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| | ‘(5) | Representations may be made to the Commissioner about the application by— |
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| | (a) | the Secretary of State; |
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| | (b) | the Director of Public Prosecutions for Northern Ireland; |
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| | (d) | the Police Ombudsman; |
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| | (f) | any member of the public.’. |
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| Clause 4, page 3, line 28, leave out ‘commissioner’ and insert ‘commissioners’. |
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| Clause 4, page 3, line 29, at end insert— |
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| | ‘(5A) | The Northern Ireland Victims Commissoner may make representations to the |
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| | commissioner about the application.’. |
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| Clause 4, page 3, line 30, leave out ‘commissioner’ and insert ‘commissioners’. |
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| Clause 4, page 3, line 31, leave out ‘he’ and insert ‘they’. |
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| Clause 4, page 3, leave out lines 32 and 33 and insert— |
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| | (b) | to the Secretary of State; |
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| | (c) | to the Chief Constable; |
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| | (d) | to the Police Ombudsman; |
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| | (e) | to the victim, where identifiable and practicable; and |
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| | (f) | to the public, in such manner as the commissioner sees fit.’. |
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| Clause 4, page 3, line 35, leave out ‘commissioner’ and insert ‘commissioners’. |
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| Clause 4, page 3, line 41, leave out paragraph (c). |
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| Clause 4, page 3, line 42, leave out ‘commissioner’ and insert ‘commissioners’. |
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| Clause 4, page 3, line 44, leave out paragraph (d). |
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| Clause 4, page 4, line 3, leave out paragraph (f). |
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| Clause 4, page 4, line 4, at end insert— |
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| | ‘(8A) | The rules may not include— |
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| | (a) | provision allowing the Secretary of State to prevent information about an |
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| | applicant from being disclosed by the commissioner; or |
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| | (b) | provision allowing the Secretary of State to prevent reasons that are |
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| | required to be given to any person under subsection (6) making reference |
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| | Negatived on division 242 |
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| Clause 4, page 4, line 4, at end insert— |
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| | ‘(8A) | The rules may not include provision about amendment of certificates of eligibility |
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| | (whether by the addition or deletion of certified offences or otherwise).’. |
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| Clause 4, page 4, leave out lines 6 to 12 and insert ‘those notified of the application |
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| under subsection (4) to the certification commissioner.’. |
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| Clause 4, page 4, line 7, leave out ‘commissioner’ and insert ‘commissioners’. |
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| Clause 4, page 4, line 7, leave out ‘his’ and insert ‘their’. |
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| Clause 4, page 4, line 13, leave out subsection (11). |
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| Clause 4, page 4, line 14, leave out ‘commissioner’ and insert ‘commissioners’. |
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| Clause 4, page 4, line 16, leave out ‘commissioner’ and insert ‘commissioners’. |
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| Clause 4, page 4, line 19, leave out ‘commissioner’ and insert ‘commissioners’. |
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| | Clause Agreed to on division. |
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| Clause 5, page 4, line 21, leave out subsection (1). |
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| | Negatived on division 253 |
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| Clause 5, page 4, leave out lines 22 to 28 and insert ‘any proceedings already |
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| | (a) | an offence to which this Act applies, or |
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| | (b) | an offence committed before 10th April 1998 in connection with such an |
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| | | are to be suspended until the application is determined.’. |
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| Clause 5, page 4, line 23, leave out from ‘applies’ to end of line 25 and insert |
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| ‘which would be certified within the meaning of section 3(7), were the application |
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| Clause 5, page 4, line 27, leave out paragraph (b). |
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| Clause 5, page 4, line 29, leave out subsection (2). |
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| Clause 5, page 4, line 31, at end insert— |
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| | ‘(2A) | Where proceedings are suspended by virtue of subsection (1)(b) the court shall |
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| | not consider the fact of suspension in determining whether or not to grant bail.’. |
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| Clause 5, page 4, line 31, at end insert— |
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| | ‘(2A) | Where proceedings are suspended by virtue of subsection (1)(b) and any custody |
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| | time limit applies, that time limit shall also be suspended until the application is |
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| Clause 5, page 4, leave out lines 33 and 34. |
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| Clause 5, page 4, line 33, leave out ‘commissioner certifies’ and insert |
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| | Clause Agreed to on division. |
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