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| |
| |
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| | “(c) | because it is no longer committed to supporting the Police |
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| | Service of Northern Ireland and upholding the rule of law in |
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| | |
| | (3) | In section 30 of the 1998 Act after subsection (7)(d) add— |
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| | “(e) | is committed now and in the future to supporting the Police |
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| | Service of Northern Ireland and upholding the rule of law in |
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| | |
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| | Determination by First and Deputy First Ministers |
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| To move the following Clause:— |
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| | ‘In section 4 of the 1998 Act (transferred, excepted and reserved matters), after |
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| | |
| | “(2A) | The Secretary of State shall not lay the draft of an Order before |
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| | Parliament under subsection (2) unless the First Minister and Deputy |
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| | First Minister acting jointly determine that the matter concerned should |
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| | cease to be, or as the case may be, should become a reserved matter. |
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| | (2B) | Any determination made under subsection (2A) shall not have effect |
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| | unless it is approved by a resolution of the Assembly in accordance with |
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| | subsection (3) below.”.’. |
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| |
| | Appointment of visitor for a child who is not being visited |
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| |
| | |
| To move the following Clause:— |
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| | ‘For Article 31(1) of the Children (NI) Order S.I. No. 755 (N.I. 2) substitute— |
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| | “(1) | Where it appears to an authority in relation to any child whom the |
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| | authority is accommodating under Article 21 for a continuous period of |
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| | more than three months that it would be in the child’s best interests for |
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| | an independent person to be appointed to be his visitor for the purposes |
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| | of this Article, the authority shall appoint such a visitor. |
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| | (2) | In ascertaining the child’s best interests under 31(1) the authority must |
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| | take into account the child’s age and understanding of the appointment of |
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| | an independent visitor subject to subsection (5).”.’. |
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| |
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| | Criminal Damage (Compensation) (Northern Ireland) Order 1977 amendment |
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| | |
| To move the following Clause:— |
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| | ‘After Article 4(a) of the Criminal Damage (Compensation) (Northern Ireland) |
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| | Order 1977 there is inserted— |
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| | “Any building to which Article 12 of the Rates (Capital Values, etc.) |
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| | (Northern Ireland) Order 2006 applies.”.’. |
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| |
| | Juries (Northern Ireland) Order 1996 amendment |
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| |
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| To move the following Clause:— |
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| | ‘In subsection 15(b) of the Juries (Northern Ireland) Order 1996, leave out “12” |
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| | |
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| | Investigatory powers of the Northern Ireland Human Rights Commission |
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| | |
| To move the following Clause:— |
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| | ‘Insert the following after section 69 of the Northern Ireland Act 1998— |
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| | “69A | Powers of Commission to conduct investigations |
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| | (1) | The Commission may for the purpose of any investigation under section |
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| | |
| | (a) | conduct an investigation itself, or |
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| | |
| | (i) | a committee of the Commission, or |
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| | (ii) | any person that the Commission deems appropriate |
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| | | to conduct an investigation on its behalf. |
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| | (2) | For the purpose of any investigation under section 69(8) the Commission |
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| | shall appoint a chair of the investigation. |
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| |
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| | (3) | The chair of any investigation appointed pursuant to subsection (2) may |
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| | by notice require a person to attend at a time and place stated in the |
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| | |
| | |
| | (b) | to produce any documents in his custody or under his control that |
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| | relate to a matter in question in the investigation; |
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| | (c) | to produce any other thing in his custody or under his control for |
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| | inspection, examination or testing by or on behalf of the |
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| | |
| | (4) | The chair may by notice require a person, within such period as appears |
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| | to the investigation to be reasonable— |
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| | (a) | to provide evidence to the investigation in the form of a written |
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| | |
| | (b) | to provide any documents in his custody or under his control that |
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| | relate to a matter in question in the investigation; |
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| | (c) | to produce any other thing in his custody or under his control for |
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| | inspection, examination or testing by or on behalf of the |
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| | |
| | (5) | A notice under subsections (3) or (4) must— |
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| | (a) | explain the possible consequences of not complying with the |
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| | |
| | (b) | indicate what the recipient of the notice should do if he wishes to |
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| | make a claim within subsection (5). |
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| | (6) | A claim by a person that— |
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| | (a) | he is unable to comply with a notice under this section, or |
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| | (b) | it is not reasonable in all the circumstances to require him to |
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| | comply with such a notice, |
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| | | is to be determined by the chair of the investigation, who may revoke or |
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| | vary the notice on that ground. |
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| | (7) | In deciding whether to revoke or vary a notice pursuant to subsection |
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| | (6)(b), the chair must consider the public interest in the information in |
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| | question being obtained by the investigation, having regard to the likely |
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| | importance of the information. |
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| | (8) | For the purposes of this section a thing is under a person’s control if it is |
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| | in his possession or if he has a right to possession of it. |
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| | 69B | Privileged information |
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| | (1) | A person may not under section 69A be required to give, produce or |
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| | provide any evidence or document if— |
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| | (a) | he could not be required to do so if the proceedings of the |
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| | investigation were civil proceedings in a court in Northern |
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| | |
| | (b) | the requirement would be incompatible with a Community |
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| | |
| | (2) | The rules of law under which evidence or documents are permitted or |
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| | required to be withheld on grounds of public interest immunity apply in |
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| | relation to an investigation as they apply in relation to civil proceedings |
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| | in a court in Northern Ireland. |
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| |
| |
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| | 69C | Powers of entry and inspection for purposes of investigations |
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| | (1) | Where the chair considers it necessary to do so for the proper conduct of |
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| | an investigation, any person authorised by the chair may, at any |
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| | reasonable time, enter any premises managed by a public authority. |
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| | (2) | On entering any premises under this section, an authorised person may— |
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| | (a) | make any examination into the state and management of the |
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| | |
| | (b) | inspect and take copies of any documents or records which are |
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| | |
| | (c) | interview in private and with his consent any person present |
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| | |
| | (3) | Where an authorised person proposes to exercise any power conferred by |
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| | this section he shall, if so required, produce some duly authenticated |
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| | document showing his authority to exercise the power. |
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| | (4) | Nothing in this section authorises a person to enter any premises (or any |
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| | part of any premises) used wholly or mainly as a private dwelling. |
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| | (5) | In this section public authority has the same meaning as in the Human |
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| | |
| | |
| | (1) | A person is guilty of an offence if he fails without reasonable excuse to |
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| | do anything that he is required to do by a notice under section 69A. |
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| | (2) | A person is guilty of an offence if during the course of an investigation |
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| | he does anything that is intended to have the effect of— |
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| | (a) | distorting or otherwise altering any evidence, document or other |
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| | thing that is given, produced or provided to the investigation, or |
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| | (b) | preventing any evidence, document or other thing from being |
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| | given, produced or provided to the investigation, |
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| | | or anything that he knows or believes is likely to have that effect. |
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| | (3) | A person is guilty of an offence if during the course of an investigation— |
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| | (a) | he intentionally suppresses or conceals a document that is, and |
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| | that he knows or believes to be, a relevant document, or |
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| | (b) | he intentionally alters or destroys any such document. |
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| | | For the purposes of this subsection a document is a “relevant document” |
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| | if it is likely that the investigation would (if aware of its existence) wish |
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| | |
| | (4) | A person does not commit an offence under subsection (2) or (3) by doing |
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| | anything that he is authorised or required to do— |
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| | (a) | by the investigation, or |
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| | (b) | by virtue of section 69B or any privilege that applies. |
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| | (5) | A person is guilty of an offence if he obstructs an authorised person in the |
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| | lawful exercise of any power under section 69C. |
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| | (6) | Proceedings for an offence under subsection (1) or (5) may be instituted |
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| | |
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| |
| |
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| | (7) | Proceedings for an offence under subsection (2) or (3) may be instituted |
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| | only by or with the consent of the Director of Public Prosecutions for |
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| | |
| | (8) | A person who is guilty of an offence under this section is liable on |
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| | summary conviction to a fine not exceeding level three on the standard |
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| | scale or to imprisonment for a term not exceeding six months, or to both. |
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| | 69E | Enforcement by the High Court |
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| | |
| | (a) | fails to comply with, or acts in breach of, a notice under section |
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| | |
| | (b) | obstructs an authorised person in the lawful exercise of any |
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| | power under section 69C; or |
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| | |
| | | the chair of the investigation or, after the investigation has concluded, the |
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| | Commission may certify the matter to the High Court. |
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| | (2) | The High Court, after hearing any evidence or representations on a matter |
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| | certified to it under subsection (1), may make such order by way of |
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| | enforcement or otherwise as it could make if the matter had arisen in |
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| | proceedings before the court.”.’. |
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| |
| | Abolition of nationality requirements: removal of existing requirements |
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| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Section 3 of the Act of Settlement (which, subject to exceptions, prevents persons |
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| | born outside the United Kingdom from holding certain offices) does not prevent |
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| | any person from being employed or holding office in a civil capacity under the |
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| | |
| | (a) | in the Northern Ireland Civil Service; |
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| | (b) | in the Home Civil Service in posts related, in part or whole, to Northern |
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| | |
| | (2) | Section 6 of the Aliens Restriction (Amendment) Act 1919 (c. 92), (which, |
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| | subject to exceptions, prevents the appointment of aliens to posts in the Civil |
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| | Service) does not prevent any person from being employed or holding office in a |
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| | civil capacity under the Crown— |
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| | (a) | in the Northern Ireland Civil Service; |
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| | (b) | in the Home Civil Service in posts related, in part or whole, to Northern |
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| | |
| |
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| |
| |
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| | Abolition of nationality requirements: power to impose new nationality requirements |
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| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Rules may be made with regard to posts falling within the scope of section |
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| | (abolition of nationality requirements: removal of existing requirements) |
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| | imposing requirements as to nationality which must be satisfied by a person |
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| | employed or holding office in a civil capacity under the Crown specified in the |
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| | |
| | (2) | The rules may not apply to nationals of the European Economic Area. |
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| | (3) | The rules may be made— |
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| | (a) | by the First Minister and Deputy First Minister, acting jointly, in the case |
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| | of the Northern Ireland Civil Service; |
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| | (b) | by a Minister of the Crown in the case of the Home Civil Service. |
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| | (4) | The rules may include provision— |
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| | (a) | exempting persons of a description specified in the rules who were first |
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| | employed, or first held in the capacity in question before a specified date, |
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| | |
| | (b) | allowing any Minister or other person or body to grant exemptions. |
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| | |
| | (a) | section 75(5)(b) of the Race Relations Act 1976 (c. 74) (rules relating to |
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| | nationality etc. of persons employed in service of Crown), and |
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| | (b) | Article 71(5)(b) of the Race Relations (Northern Ireland) Order 1997 |
|
| | 1997/869 (N.I. 6)) (corresponding provision for Northern Ireland), |
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| | | to the implementation of rules include the grant of (or refusal to grant) |
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| | exemptions under subsection (4)(b).’. |
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| |
| | Abolition of nationality requirements: repeals |
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| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘Article 3 of the European Communities (Employment in the Civil Service) Order |
|
| | 1991 (SI 1991/1221) is repealed.’. |
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| |
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| |
| |
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| | Primacy in intelligence gathering |
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| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Police Service of Northern Ireland shall retain primacy in matters of |
|
| | intelligence gathering in Northern Ireland. |
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| | (2) | For the purposes of subsection (1), “primacy in matters of intelligence gathering |
|
| | in Northern Ireland” shall include in particular lead responsibility in Northern |
|
| | |
| | (a) | strategic assessment of intelligence needs; |
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| | (b) | overall assessment of intelligence gathered; |
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| | (c) | appropriate dissemination of intelligence gathered; |
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| | (d) | recruitment, conduct and use of covert human intelligence sources; |
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| | (e) | interception of communications; |
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| | (f) | deployment of directed and intrusive surveillance. |
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| | (3) | Subsection (1) applies whether or not the intelligence concerned relates or may |
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| | relate to national security.’. |
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| | Bill reported without Amendment. |
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| |
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