 House of Commons |
Publications on the internet Index of Amendments |
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Amendment Paper as at
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| '(aa) | for the department to be in the charge of the First and Deputy First Minister supported by junior Ministers;'. |
Lady Hermon
31
Clause 19, page 14, line 12, at end insert—'(4A) No person shall be appointed as Minister or Junior Minister of a Department to exercise functions consisting wholly or mainly of devolved policing and justice functions pursuant to this section if he has—
| (a) | been convicted of a criminal offence and had a sentence of imprisonment imposed whether suspended or not; or |
| (b) | failed to make a declaration to the Assembly of unequivocal support for the Police Service of Northern Ireland (incorporating the Royal Ulster Constabulary).'. |
Lembit Öpik
Mr Alan Reid
8
Clause 19, page 14, line 24, at end insert—'(8) The Secretary of State shall not lay an Order under section 4(2) in relation to any matter which is specified in any of paragraphs 9 to 12, 14A and 15A and 17 of Schedule 3 unless—
| (a) | a period of two years has passed since a restoration order was made under section 2(2) of the Northern Ireland Act 2000; and |
| (b) | he is satisfied that the Assembly is stable and secure.'. |
Lembit Öpik
Mr Alan Reid
9
Schedule 2, page 25, line 34, leave out from 'passed' to end of line 38 and insert 'with cross-community support.'.
Mr Laurence Robertson
21
Schedule 2, page 26, line 9, after 'until', insert '—
| (i)'. |
Mr Laurence Robertson
22
Schedule 2, page 26, line 10, at end insert—
| '(ii) | has made a declaration before the Assembly supporting the Police Service of Northern Ireland and pledging to uphold the rule of law; and'. |
Lembit Öpik
Mr Alan Reid
10
Schedule 2, page 28, line 29, leave out from 'passed' to end of line 33 and insert 'with cross-community support.'.
Lady Hermon
32
Clause 21, page 15, line 25, at end add—'(4A) No recommendation shall be made to Her Majesty to make an order under this section unless the Assembly has passed with cross-community support a resolution praying that the relevant function be transferred to a Minister or a Northern Ireland Department.'.
Lady Hermon
33
Page 15, line 26, leave out Clause 22.
NEW CLAUSES RELATING TO PART 5
Police Service Northern Ireland 50-50 recruitment policy
The Reverend Ian Paisley
Mr Peter Robinson
Mr Nigel Dodds
NC6
To move the following Clause:—
- 'The following provisions of the Police (Northern Ireland) Act 2000 (c. 32) are repealed—
| (a) | subsections (5), (6) and (7) of subsection 44 (pools of applicants); |
| (b) | section 46 (discrimination in appointments); and |
| (c) | subsection (1)(a), (b), (c) and (e) of section 47 (temporary provisions).'. |
Repeal of temporary provisions about quotas, etc
Lady Hermon
NC7
To move the following Clause:—'(1) The following provisions of the Police (Northern Ireland) Act 2000 (c. 32) are repealed—
| (a) | section 44(5), (6) and (7) (pools of applicants); |
| (b) | section 46 (discrimination in appointments); and |
| (c) | section 47(1)(a), (b), (c) and (e) (temporary provisions). |
- "(2) Section 45 of the Police (Northern Ireland) Act 2000, which is in force on 29th March 2004 shall continue in force for the period beginning 30th March 2004 and ending 28th March 2007.".'.
Equality of opportunity
Lady Hermon
NC8
To move the following Clause:—'(1) Section 48 of the Police (Northern Ireland) Act 2000 (action plans) is amended as follows.
(2) In subsection (1) for "women" substitute "Roman Catholics, women, ethnic minorities and other social groups".
(3) In subsection (2) for "women" substitute "Roman Catholics, women, ethnic minorities and other social groups".'.
REMAINING NEW CLAUSES
Northern Ireland Ministers
Mr Laurence Robertson
NC3
To move the following Clause:—
- 'In section 18 of the 1998 Act after subsection (8) insert—
- "(8A) A Northern Ireland Minister shall not take up office until he has made a declaration before the Assembly pledging to support the Police Service or Northern Ireland and uphold the rule of law.".'.
Exclusion of Ministers from office
Mr Laurence Robertson
NC4
To move the following Clause:—'(1) In section 30 of the 1998 Act after subsection (1)(b) add—
| "(c) | because he is no longer committed to supporting the Police Service of Northern Ireland and upholding the rule of law in Northern Ireland.". |
| "(c) | because it is no longer committed to supporting the Police Service of Northern Ireland and upholding the rule of law in Northern Ireland.". |
| "(e) | is committed now and in the future to supporting the Police Service of Northern Ireland and upholding the rule of law in Northern Ireland.".'. |
Determination by First and Deputy First Ministers
The Reverend Ian Paisley
Mr Peter Robinson
Mr Nigel Dodds
NC5
To move the following Clause:—
- 'In section 4 of the 1998 Act (transferred, excepted and reserved matters), after subsection (2) insert—
- "(2A) The Secretary of State shall not lay the draft of an Order before Parliament under subsection (2) unless the First Minister and Deputy First Minister acting jointly determine that the matter concerned should cease to be, or as the case may be, should become a reserved matter.
(2B) Any determination made under subsection (2A) shall not have effect unless it is approved by a resolution of the Assembly in accordance with subsection (3) below.".'.
Appointment of visitor for a child who is not being visited
Lady Hermon
NC9
To move the following Clause:—
- 'For Article 31(1) of the Children (NI) Order S.I. No. 755 (N.I. 2) substitute—
- "(1) Where it appears to an authority in relation to any child whom the authority is accommodating under Article 21 for a continuous period of more than three months that it would be in the child's best interests for an independent person to be appointed to be his visitor for the purposes of this Article, the authority shall appoint such a visitor.
(2) In ascertaining the child's best interests under 31(1) the authority must take into account the child's age and understanding of the appointment of an independent visitor subject to subsection (5).".'.
Criminal Damage (Compensation) (Northern Ireland) Order 1977 amendment
The Reverend Ian Paisley
Mr Peter Robinson
Mr Nigel Dodds
NC10
To move the following Clause:—
- 'After Article 4(a) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 there is inserted—
- "Any building to which Article 12 of the Rates (Capital Values, etc.) (Northern Ireland) Order 2006 applies.".'.
Juries (Northern Ireland) Order 1996 amendment
The Reverend Ian Paisley
Mr Peter Robinson
Mr Nigel Dodds
NC11
To move the following Clause:—
- 'In subsection 15(b) of the Juries (Northern Ireland) Order 1996, leave out "12" and insert "3".'.
Investigatory powers of the Northern Ireland Human Rights Commission
Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady
NC12
To move the following Clause:—
- 'Insert the following after section 69 of the Northern Ireland Act 1998—
- "69A Powers of Commission to conduct investigations
(1) The Commission may for the purpose of any investigation under section 69(8)—
| (a) | conduct an investigation itself, or |
| (b) | appoint— |
| (i) | a committee of the Commission, or |
| (ii) | any person that the Commission deems appropriate |
- to conduct an investigation on its behalf.
(2) For the purpose of any investigation under section 69(8) the Commission shall appoint a chair of the investigation.
(3) The chair of any investigation appointed pursuant to subsection (2) may by notice require a person to attend at a time and place stated in the notice—
| (a) | to give evidence; |
| (b) | to produce any documents in his custody or under his control that relate to a matter in question in the investigation; |
| (c) | to produce any other thing in his custody or under his control for inspection, examination or testing by or on behalf of the investigation. |
| (a) | to provide evidence to the investigation in the form of a written statement; |
| (b) | to provide any documents in his custody or under his control that relate to a matter in question in the investigation; |
| (c) | to produce any other thing in his custody or under his control for inspection, examination or testing by or on behalf of the investigation. |
| (a) | explain the possible consequences of not complying with the notice; |
| (b) | indicate what the recipient of the notice should do if he wishes to make a claim within subsection (5). |
| (a) | he is unable to comply with a notice under this section, or |
| (b) | it is not reasonable in all the circumstances to require him to comply with such a notice, |
- is to be determined by the chair of the investigation, who may revoke or vary the notice on that ground.
(7) In deciding whether to revoke or vary a notice pursuant to subsection (6)(b), the chair must consider the public interest in the information in question being obtained by the investigation, having regard to the likely importance of the information.
(8) For the purposes of this section a thing is under a person's control if it is in his possession or if he has a right to possession of it.
69B Privileged information
(1) A person may not under section 69A be required to give, produce or provide any evidence or document if—
| (a) | he could not be required to do so if the proceedings of the investigation were civil proceedings in a court in Northern Ireland, or |
| (b) | the requirement would be incompatible with a Community obligation. |
69C Powers of entry and inspection for purposes of investigations
(1) Where the chair considers it necessary to do so for the proper conduct of an investigation, any person authorised by the chair may, at any reasonable time, enter any premises managed by a public authority.
(2) On entering any premises under this section, an authorised person may—
| (a) | make any examination into the state and management of the premises; |
| (b) | inspect and take copies of any documents or records which are kept there; |
| (c) | interview in private and with his consent any person present there. |
(4) Nothing in this section authorises a person to enter any premises (or any part of any premises) used wholly or mainly as a private dwelling.
(5) In this section public authority has the same meaning as in the Human Rights Act 1998.
69D Offences
(1) A person is guilty of an offence if he fails without reasonable excuse to do anything that he is required to do by a notice under section 69A.
(2) A person is guilty of an offence if during the course of an investigation he does anything that is intended to have the effect of—
| (a) | distorting or otherwise altering any evidence, document or other thing that is given, produced or provided to the investigation, or |
| (b) | preventing any evidence, document or other thing from being given, produced or provided to the investigation, |
- or anything that he knows or believes is likely to have that effect.
(3) A person is guilty of an offence if during the course of an investigation—
| (a) | he intentionally suppresses or conceals a document that is, and that he knows or believes to be, a relevant document, or |
| (b) | he intentionally alters or destroys any such document. |
- For the purposes of this subsection a document is a "relevant document" if it is likely that the investigation would (if aware of its existence) wish to be provided with it.
(4) A person does not commit an offence under subsection (2) or (3) by doing anything that he is authorised or required to do—
| (a) | by the investigation, or |
| (b) | by virtue of section 69B or any privilege that applies. |
(6) Proceedings for an offence under subsection (1) or (5) may be instituted only by the chair.
(7) Proceedings for an offence under subsection (2) or (3) may be instituted only by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(8) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level three on the standard scale or to imprisonment for a term not exceeding six months, or to both.
69E Enforcement by the High Court
(1) Where a person—
| (a) | fails to comply with, or acts in breach of, a notice under section 69A, or |
| (b) | obstructs an authorised person in the lawful exercise of any power under section 69C; or |
| (c) | threatens to do so, |
- the chair of the investigation or, after the investigation has concluded, the Commission may certify the matter to the High Court.
(2) The High Court, after hearing any evidence or representations on a matter certified to it under subsection (1), may make such order by way of enforcement or otherwise as it could make if the matter had arisen in proceedings before the court.".'.
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| ©Parliamentary copyright 2006 | Prepared 20 Apr 2006 |