cwh1312004.483-489

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 20th April 2006
483

Northern Ireland (Miscellaneous Provisions) Bill, continued

“(c)
because it is no longer committed to supporting the Police

Service of Northern Ireland and upholding the rule of law in

Northern Ireland.”.

(3)
In section 30 of the 1998 Act after subsection (7)(d) add—

“(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

Not called  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

Not called  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).”.’.

Committee of the whole House Proceedings: 20th April 2006
484

Northern Ireland (Miscellaneous Provisions) Bill, continued

Criminal Damage (Compensation) (Northern Ireland) Order 1977 amendment

The Reverend Ian Paisley

Mr Peter Robinson

Mr Nigel Dodds

Not called  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

Not called  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

Not called  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.

Committee of the whole House Proceedings: 20th April 2006
485

Northern Ireland (Miscellaneous Provisions) Bill, continued

(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.

(4)
The chair may by notice require a person, within such period as appears

to the investigation to be reasonable—

(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.

(5)
A notice under subsections (3) or (4) must—

(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).

(6)
A claim by a person that—

(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.

(2)
The rules of law under which evidence or documents are permitted or

required to be withheld on grounds of public interest immunity apply in

relation to an investigation as they apply in relation to civil proceedings

in a court in Northern Ireland.

Committee of the whole House Proceedings: 20th April 2006
486

Northern Ireland (Miscellaneous Provisions) Bill, continued

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.

(3)
Where an authorised person proposes to exercise any power conferred by

this section he shall, if so required, produce some duly authenticated

document showing his authority to exercise the power.

(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.

(5)
A person is guilty of an offence if he obstructs an authorised person in the

lawful exercise of any power under section 69C.

(6)
Proceedings for an offence under subsection (1) or (5) may be instituted

only by the chair.

Committee of the whole House Proceedings: 20th April 2006
487

Northern Ireland (Miscellaneous Provisions) Bill, continued

(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.”.’.

Abolition of nationality requirements: removal of existing requirements

Mark Durkan

Dr Alasdair McDonnell

Mr Eddie McGrady

Not selected  nc13

To move the following Clause:—

‘(1)
Section 3 of the Act of Settlement (which, subject to exceptions, prevents persons

born outside the United Kingdom from holding certain offices) does not prevent

any person from being employed or holding office in a civil capacity under the

Crown—

(a)
in the Northern Ireland Civil Service;

(b)
in the Home Civil Service in posts related, in part or whole, to Northern

Ireland.

(2)
Section 6 of the Aliens Restriction (Amendment) Act 1919 (c. 92), (which,

subject to exceptions, prevents the appointment of aliens to posts in the Civil

Service) does not prevent any person from being employed or holding office in a

civil capacity under the Crown—

(a)
in the Northern Ireland Civil Service;

(b)
in the Home Civil Service in posts related, in part or whole, to Northern

Ireland.’.

Committee of the whole House Proceedings: 20th April 2006
488

Northern Ireland (Miscellaneous Provisions) Bill, continued

Abolition of nationality requirements: power to impose new nationality requirements

Mark Durkan

Dr Alasdair McDonnell

Mr Eddie McGrady

Not selected  nc14

To move the following Clause:—

‘(1)
Rules may be made with regard to posts falling within the scope of section

(abolition of nationality requirements: removal of existing requirements)

imposing requirements as to nationality which must be satisfied by a person

employed or holding office in a civil capacity under the Crown specified in the

rules.

(2)
The rules may not apply to nationals of the European Economic Area.

(3)
The rules may be made—

(a)
by the First Minister and Deputy First Minister, acting jointly, in the case

of the Northern Ireland Civil Service;

(b)
by a Minister of the Crown in the case of the Home Civil Service.

(4)
The rules may include provision—

(a)
exempting persons of a description specified in the rules who were first

employed, or first held in the capacity in question before a specified date,

and

(b)
allowing any Minister or other person or body to grant exemptions.

(5)
The references in—

(a)
section 75(5)(b) of the Race Relations Act 1976 (c. 74) (rules relating to

nationality etc. of persons employed in service of Crown), and

(b)
Article 71(5)(b) of the Race Relations (Northern Ireland) Order 1997

1997/869 (N.I. 6)) (corresponding provision for Northern Ireland),


to the implementation of rules include the grant of (or refusal to grant)

exemptions under subsection (4)(b).’.

Abolition of nationality requirements: repeals

Mark Durkan

Dr Alasdair McDonnell

Mr Eddie McGrady

Not selected  nc15

To move the following Clause:—

‘Article 3 of the European Communities (Employment in the Civil Service) Order

1991 (SI 1991/1221) is repealed.’.

Committee of the whole House Proceedings: 20th April 2006
489

Northern Ireland (Miscellaneous Provisions) Bill, continued

Primacy in intelligence gathering

Mark Durkan

Dr Alasdair McDonnell

Mr Eddie McGrady

Not called  nc16

To move the following Clause:—

‘(1)
The Police Service of Northern Ireland shall retain primacy in matters of

intelligence gathering in Northern Ireland.

(2)
For the purposes of subsection (1), “primacy in matters of intelligence gathering

in Northern Ireland” shall include in particular lead responsibility in Northern

Ireland for the—

(a)
strategic assessment of intelligence needs;

(b)
overall assessment of intelligence gathered;

(c)
appropriate dissemination of intelligence gathered;

(d)
recruitment, conduct and use of covert human intelligence sources;

(e)
interception of communications;

(f)
deployment of directed and intrusive surveillance.

(3)
Subsection (1) applies whether or not the intelligence concerned relates or may

relate to national security.’.

Bill reported without Amendment.