Removal of nationality requirements in Northern Ireland: Interpretation
Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady
NC12
*To move the following Clause:
'In this part, relevant Home Civil Service posts means any office or employment in the Home Civil Service located in Northern Ireland.'.
Removal of nationality requirements in Northern Ireland: Repeals
Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady
NC13
*To move the following Clause:
'Article 3 of the European Communities (Employment in the Civil Service) Order 1991 (SI 1991/1221) is repealed.'.
Primacy in intelligence gathering
Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady
NC14
*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.'.
Mr David Lidington
Mr Laurence Robertson
Andrew Rosindell
16
*Page 2, line 26 [Clause 3], leave out from '2010' to end of line 28.
Mr David Lidington
Mr Laurence Robertson
Andrew Rosindell
17
*Page 2, line 29 [Clause 3], leave out subsection (b) and insert
(c) | every tenth year following 2015;'. |
Mr David Lidington
Mr Laurence Robertson
Andrew Rosindell
18
*Page 3, line 2 [Clause 2], leave out '2010' and insert '2015'.
Mr David Lidington
Mr Laurence Robertson
Andrew Rosindell
19
*Page 3, line 3 [Clause 2], leave out '2010' and insert '2015'.
Mr David Lidington
Mr Laurence Robertson
Andrew Rosindell
20
*Page 3, line 4 [Clause 2], leave out paragraph (c).
Mr David Lidington
Mr Laurence Robertson
Andrew Rosindell
21
*Page 7, line 31 [Clause 8], leave out subsection (2).
Mr David Lidington
Mr Laurence Robertson
Andrew Rosindell
22
*Page 7, line 33 [Clause 8], leave out subsection (3).
Mr David Lidington
Mr Laurence Robertson
Andrew Rosindell
23
*Page 11, line 4 [Clause 12], at end insert
'71D Report to Parliament
The Secretary of State shall lay an annual report before the Houses of Parliament on the operation of the special provisions set out in this Chapter.'.
Lembit Öpik
Mr Alan Reid
13
Page 11, line 25 [Clause 14], leave out subsections (3) to (6).
Mr Secretary Hain
2
Page 12, line 30 [Clause 16], after 'subsection' insert '(2A),'.
Mr Secretary Hain
3
Page 12, line 30 [Clause 16], at end insert
'(2A) The Act may provide for the department to be in the charge of a Northern Ireland Minister appointed by virtue of a nomination
(a) | made by the First Minister and the deputy First Minister acting jointly; and |
(b) | approved by a resolution of the Assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.'. |
Mr Secretary Hain
4
Page 12, line 40 [Clause 16], at end insert
'(4A) There must not, at any time, be more than one department in relation to which provision of the kind mentioned in any of subsections (2A), (3) and (4) is made by Act of the Assembly.'.
Mr Secretary Hain
5
Page 13, line 5 [Clause 16], leave out from beginning to end of line 10 and insert
'(b) | immediately before the matter became a transferred matter, was a devolved policing and justice matter (within the meaning given by section 4(6))."'. |
Mr Secretary Hain
6
Page 13, line 13 [Clause 16], leave out subsection (3).
Mr Secretary Hain
1
Page 20, line 29 [Clause 30], at end insert
'(3) Section (Sustainable development) extends to Northern Ireland only.'.
Mr Secretary Hain
7
Page 22, line 20 [Schedule 2], at end insert
'Part A1
Department in the charge of Minister approved by resolution of Assembly
A1 | (1) | This Part of this Schedule has effect in relation to a Northern Ireland department |
(a) the functions of which consist wholly or mainly of devolved policing and justice functions; and
(b) in relation to which an Act of the Assembly provides, by virtue of section 21A(2A), for it to be in the charge of a Northern Ireland Minister (the "relevant Minister") appointed by virtue of a nomination
(i) | made by the First Minister and the deputy First Minister acting jointly; and |
(ii) | approved by a resolution of the Assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated Nationalists voting and a majority of the designated Unionists voting. |
(2) | In this paragraph "devolved policing and justice function" has the same meaning as in section 21A (see subsection (6) of that section). |
A2 | (1) | Section 18 (Northern Ireland Ministers) shall not apply in relation to |
(a) the relevant Minister; or
(b) the Ministerial office held by the relevant Minister (the "relevant Ministerial office"),
and paragraph A3 shall apply instead.
(2) | But the references to Ministerial offices in |
(a) subsection (1)(c) and (d) of section 18; and
(b) subsection (5) of that section (in the definition of M),
shall be taken to include the relevant Ministerial office.
A3 | (1) | Where any of the conditions in paragraphs (a) to (e) of section 18(1) is satisfied |
(a) the relevant Minister shall (if holding office at the time) cease to hold office; and
(b) the relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.
(2) | The relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) before section 18(2) to (6) is applied in relation to the other Ministerial offices. |
(3) | The First Minister and the deputy First Minister acting jointly shall nominate a member of the Assembly to hold the relevant Ministerial office. |
(4) | The nomination shall not take effect unless it is approved by a resolution of the Assembly passed with the support of |
(a) a majority of the members voting on the motion for the resolution;
(b) a majority of the designated Nationalists voting; and
(c) a majority of the designated Unionists voting.
(a) the nomination does not take effect within a period specified in standing orders; or
(b) the nominated person does not take up the office for which he has been nominated within that period,
a further nomination of a member of the Assembly shall be made under sub-paragraph (3).
(6) | Sub-paragraphs (3) to (5) shall be applied as many times as may be necessary to secure that the relevant Ministerial office is filled. |
(7) | The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold the relevant Ministerial office. |
(8) | The relevant Minister shall not take up office until he has affirmed the terms of the pledge of office. |
(9) | The relevant Minister shall cease to hold office if |
(a) he resigns by notice in writing to the First Minister and the deputy First Minister;
(b) he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; or
(c) he is dismissed by the First Minister and the deputy First Minister acting jointly and the Presiding Officer is notified of his dismissal.
(10) | If the relevant Minister ceases to hold office at any time, otherwise than by virtue of sub-paragraph (1), the relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders. |
(a) the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and
(b) the party's period of exclusion under that provision has not come to an end,
no member of that party may be nominated under sub-paragraph (3).
(a) the Secretary of State has given a direction under section 30A(5) in respect of a political party; and
(b) the party's period of exclusion under that provision has not come to an end,
no member of that party may be nominated under sub-paragraph (3).
(13) | In this paragraph, a reference to a period of exclusion under any provision is, in the case of a period of exclusion under that provision which has been extended, a reference to that period as extended.'. |
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