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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.

 


 
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