sc811512.819-825

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B. Standing Committee Proceedings: 15th December 2005
819

Northern Ireland (Offences) Bill, continued

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Mark Durkan

Dr Alasdair McDonnell

Not called  146

Clause  23,  page  13,  line  10,  leave out subsection (3).

Clause Agreed to.

Mr Peter Robinson

Mr Jeffrey M. Donaldson

Sammy Wilson

Not called  41

Clause  24,  page  13,  line  18,  at end add—

‘(2)
The Secretary of State may not make an order under this section until he has made

an order under section 2(2) of the Northern Ireland Act 2000 (c. 1) (ending

suspension).’.

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Withdrawn  147

Clause  24,  page  13,  line  18,  at end add—

‘(2)
An order under this section may not be made unless a draft has been laid before,

and approved by a resolution of, each House of Parliament.’.

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  148

Clause  24,  page  13,  line  18,  at end add—

‘(2)
The Secretary of State must make an order under this section no earlier than 24

months after the commencement of—

(a)
a restoration order made under section 3 (1) of the Northern Ireland Act

2000; or

(b)
the lapse of section 1 of the Northern Ireland Act 2000.’.

Clause Agreed to.

S.C.B. Standing Committee Proceedings: 15th December 2005
820

Northern Ireland (Offences) Bill, continued

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  149

Clause  25,  page  13,  line  20,  at end insert, ‘and may not be made unless a draft has

been laid before, and approved by a resolution of, each House of Parliament.’.

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  150

Clause  25,  page  13,  line  27,  leave out subsection (4).

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  151

Clause  25,  page  13,  line  29,  leave out subsection (5).

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  152

Clause  25,  page  13,  line  31,  leave out subsection (6).

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  153

Clause  25,  page  13,  line  41,  leave out subsection (7).

Clause Agreed to.

Clauses 26 and 27 Agreed to.

S.C.B. Standing Committee Proceedings: 15th December 2005
821

Northern Ireland (Offences) Bill, continued

New Clauses

Termination of inquiries

Mr Peter Robinson

Mr Jeffrey M. Donaldson

Sammy Wilson

Not selected  nc1

To move the following Clause:—

‘Following the coming into force of this Act, the Secretary of State—

(a)
may not cause an inquiry to be held under section 1 of the Inquiries Act

2005 (c. 12) (power to establish inquiry) or any equivalent legislation,

and

(b)
shall end any such inquiry being held at that time,

into the activities of any member of the Police Service of Northern Ireland, the

Royal Ulster Constabulary or the armed forces, which occurred in Northern

Ireland before 10th April 1998.’.

Certificates for offences committed in the course of efforts to combat terrorism in

Northern Ireland

Mr Peter Robinson

Mr Jeffrey M. Donaldson

Sammy Wilson

Negatived on division  nc2

To move the following Clause:—

‘(1)
Where an application is made to the certification commissioner for a certificate

of eligibility, the commissioner must issue a certificate if—

(a)
the applicant is accused of an offence committed in the course of efforts

to combat terrorism in Northern Ireland, and

(b)
it appears to the commissioner, on the information available to him, that

the applicant meets the conditions set out in section 3 above.

(2)
The commissioner may preserve the anonymity of any person who makes an

application under this section, if he sees fit.’.

Victims’ rights and entitlements—eligibility certificates

Mr Peter Robinson

Mr Jeffrey M. Donaldson

Sammy Wilson

Negatived on division  nc3

To move the following Clause:—

S.C.B. Standing Committee Proceedings: 15th December 2005
822

Northern Ireland (Offences) Bill, continued

‘In determining whether an applicant for an eligibility certificate meets the

conditions set out in section 3 above, the commissioner shall give an opportunity

for a victim, or the family of a victim, to make representations to him.’.

Victims’ rights and entitlements—special tribunals

Mr Peter Robinson

Mr Jeffrey M. Donaldson

Sammy Wilson

Negatived on division  nc4

To move the following Clause:—

‘(1)
Before the Special Tribunal established under section 8 sentences an applicant

who pleads guilty or is found guilty of an offence, it shall give an opportunity for

a victim, or the family of a victim, to make representations to it.

(2)
In passing sentence, the Special Tribunal shall take into account any

representations made to it under subsection (1).’.

Civil proceedings unaffected

Mr Peter Robinson

Mr Jeffrey M. Donaldson

Sammy Wilson

Not called  nc5

To move the following Clause:—

‘No evidence obtained pursuant to this Act shall be inadmissible in any civil

proceedings nor shall anything in this Act limit the right of any person to pursue

civil proceedings against an applicant.’.

Victims’ applications

Mr Peter Robinson

Mr Jeffrey M. Donaldson

Sammy Wilson

Not called  nc6

To move the following Clause:—

‘(1)
Six months after the coming into force of this Act, a victim, or the family of a

victim, may apply to the Special Tribunal to try a person who meets the

conditions set out in section 3(2) but who has not made an application for a

certificate of eligibility.

S.C.B. Standing Committee Proceedings: 15th December 2005
823

Northern Ireland (Offences) Bill, continued

(2)
If an application is made under subsection (1), the Special Tribunal shall proceed

to try the case as though the offender held a certificate of eligibility, in accordance

with the provisions of section 8(3).

(3)
A person found guilty of an offence by the Special Tribunal under the provisions

of this section shall, if and when apprehended, serve the sentence set by the

Special Tribunal.’.

Time limits for acceptance of applications for certificates of eligibility

Mr Peter Robinson

Mr Jeffrey M. Donaldson

Sammy Wilson

Not called  nc7

To move the following Clause:—

‘(1)
No applications for certificates of eligibility will be accepted after six months

following the coming into force of this Act from those believed to have

committed offences.

(2)
No applications for certificates of eligibility will be accepted from victims or

victims’ families after twelve months following the coming into force of this

Act.’.

Reporting of applications for certificates

Lembit Öpik

Lorely Burt

Not called  nc8

To move the following Clause:—

‘Except where doing so would create a danger to the safety of any person, there

shall be no restrictions on publishing details of any application for a certificate in

a written report in or including a report of such an application in a relevant

programme for reception in the United Kingdom.’.

Disqualification from district policing partnership

Lembit Öpik

Lorely Burt

Not called  nc9

To move the following Clause:—

‘(1)
Paragraph 8 of Schedule 3 of the Police (Northern Ireland) Act 2000 is amended

as follows.

S.C.B. Standing Committee Proceedings: 15th December 2005
824

Northern Ireland (Offences) Bill, continued

(2)
In sub-paragraph (4) after “licence” insert “under the Northern Ireland

(Sentences) Act 1998”.

(3)
After sub-paragraph (4)(a) insert—

“(aa)
the lapse of his licence issued under section 9 of the Northern

Ireland (Offences) Act 2006.”.’.

Reporting of proceedings

Lembit Öpik

Lorely Burt

Not called  nc10

To move the following Clause:—

‘Except where the court has ruled that doing so would create a danger to the safety

of any person, there shall be no restrictions on publishing details of any

proceedings under sections 8, 12, 15, 16 or 17 of this Act in a written report in or

including a report of such an application in a relevant programme for reception in

the United Kingdom.’.

Expiry

Lembit Öpik

Lorely Burt

Not called  nc11

To move the following Clause:—

‘This Act shall cease to have any effect at the end of the period of five years

beginning with the day on which it is brought into force.’.

Suspension of section 3

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  NC12

To move the following Clause:—

S.C.B. Standing Committee Proceedings: 15th December 2005
825

Northern Ireland (Offences) Bill, continued

‘The Secretary of State shall make an order suspending the operation of section 3

six months after the Act comes into force.’.

Trial in the Crown Court

Lembit Öpik

Lorely Burt

Not called  NC13

To move the following Clause:—

‘(1)
A person who holds a certificate of eligibility shall be tried for a certified offence

in the Crown Court.

(2)
The Crown Court may, not under this section, try any offence that is not a

certified offence.

(3)
There is an obligation on a defendant to appear before the Crown Court.’.

Review by Court of Appeal

Lembit Öpik

Lorely Burt

Not called  NC14

To move the following Clause:—

‘(1)
The exercise of functions under this Act by—

(a)
the certification commissioner, or

(b)
the Secretary of State,


may be questioned in legal proceedings only the Court of Appeal.

(2)
The Court of Appeal is the appropriate tribunal for the purposes of section 7 of

the Human Rights Act 1998 (c. 42) in relation to proceedings all or part of which

call into question the exercise of any of the functions under this Act of—

(a)
the certification commissioner, or

(b)
the Secretary of State.’.

Appeal to Court of Appeal

Lembit Öpik

Lorely Burt

Mark Durkan

Dr Alasdair McDonnell

Not called  NC15

To move the following Clause:—