Amendment Paper as at
Wednesday 17th May 2006

CONSIDERATION OF BILL

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NORTHERN IRELAND (MISCELLANEOUS PROVISIONS) BILL, AS AMENDED

NEW CLAUSES

Sustainable development

   

Mr Secretary Hain

NC1

To move the following Clause:—

    '(1)   A public authority must, in exercising its functions, act in the way it considers best calculated to contribute to the achievement of sustainable development in Northern Ireland, except to the extent that it considers that any such action is not reasonably practicable in all the circumstances of the case.

    (2)   For this purpose—

(a)	a public authority must have regard to any strategy or guidance relating to sustainable development issued by the Department of the Environment, and

(b)	a public authority other than a Northern Ireland department must have regard to any guidance relating to sustainable development issued by a Northern Ireland department other than the Department of the Environment.

    (3)   In this section "public authority" means—

(a)	a Northern Ireland department,

(b)	a district council in Northern Ireland, and

(c)	any other person designated for the purposes of this section by order made by the Office of the First Minister and deputy First Minister.

    (4)   The power to make an order under subsection (3)(c) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

    (5)   Such an order may not be made unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.'.

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Conditions for devolving policing and justice matters

   

Mr Secretary Hain

NC3

To move the following Clause:—

    '(1)   Amend section 4 of the 1998 Act (transferred, excepted and reserved matters) as follows.

    (2)   In subsection (2), for "subsection (3)" substitute "subsections (2A) and (3)".

    (3)   After subsection (2) insert—

    "(2A)   The Secretary of State shall not lay before Parliament under subsection (2) the draft of an Order amending Schedule 3 so that a devolved policing and justice matter ceases to be a reserved matter unless—

(a)	a motion for a resolution praying that the matter should cease to be a reserved matter is tabled by the First Minister and the deputy First Minister acting jointly; and

(b)	the resolution is passed by the Assembly with the support of a majority of the members voting on the motion, a majority of the designated Nationalists voting and a majority of the designated Unionists voting."

    (4)   In subsection (3), for "the draft of an Order before Parliament under subsection (2)" substitute "before Parliament under subsection (2) the draft of any other Order".

    (5)   After subsection (5) insert—

    "(6)   In this section "devolved policing and justice matter" means a matter falling within a description specified in—

(a)	any of paragraphs 9 to 12, 14A to 15A and 17 of Schedule 3; or

(b)	any other provision of that Schedule designated for this purpose by an order made by the Secretary of State."

    (6)   In this Part "the 1998 Act" means the Northern Ireland Act 1998 (c.47).'.

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

   

The Reverend Ian Paisley
Mr Peter Robinson
Mr Nigel Dodds

NC2

To move the following Clause:—

'After subsection 4(a) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 there is inserted—

       "Any building to which Artic1e 12 of the Rates (Capital Values, etc.) (Northern Ireland) Order 2006 applies.".'.

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Anonymous registration: Northern Ireland

   

Lembit Öpik
Mr Alan Reid

NC4

To move the following Clause:—

'After section 9 of the 1983 Act insert—

    "9A   Anonymous registration: Northern Ireland

    (1)   This section applies if an application for registration in a register of parliamentary electors of local government electors is made in accordance with the requirements for the purposes of section 10A(1)(a) below and is accompanied by—

(a)	an application under this section made in accordance with prescribed requirements (an application for an anonymous entry),

(b)	a declaration made in accordance with such requirements for the purposes of this section, and

(c)	such evidence in support of the application for anonymous registration as may be prescribed.

    (2)   If the registration officer determines that the person is entitled to be registered, he must also determine whether the safety test is satisfied.

    (3)   If the registration officer determines that the safety test is satisfied—

(a)	section 9(2) does not apply in relation to the person; and

(b)	the person's entry in the register shall instead contain letters in the prescribed form and his electoral number.

    (4)   An entry containing the matters mentioned in subsection (3)(b) above is referred to in this Act as an anonymous entry.

    (5)   If an anonymous entry is made in respect of a person, the registration officer shall remove any other entry in the register for that person.

    (6)   If the registration officer does not determine that the safety test is satisfied, no entry is to be made in respect of him in the register (whether an anonymous entry or otherwise).

    (7)   Subsection (6) above does not affect—

(a)	any other entry in the register for the person;

(b)	the determination of any further application for registration which is made by the person (including an application which is treated as having been made by him by virtue of section 10A(2) below).

    (8)   Any communication sent by a registration officer or the returning officer for any election to a person who has an anonymous entry (A) must be sent in an envelope or other form of covering so as not to disclose to any other person that A has an anonymous entry.

    (9)   The safety test is satisfied if the safety of the applicant for an anonymous entry or that of any other person of the same household would be at risk if the register contains the name of the applicant or his qualifying address.

    (10)   In this section, "determines" means determines in accordance with regulation.

    9B   Removal of anonymous entry: Northern Ireland

    (1)   If a person has an anonymous entry in a register, his entitlement to remain in pursuance of the application for registration mentioned in section 9A(1) terminates—

(a)	at the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or

(b)	if the declaration made for the purposes of section 9A is at the time when the declaration is cancelled.

    (2)   Subsection (1) above does not affect the application of any other provision of this Act or of the Representation of the People Act 1985 which has the effect that the person's entitlement to registration terminates before the expiry of the 12 month period mentioned in subsection (1) or before the cancellation of the declaration made for the purposes of section 9A.

    (3)   If a person's entitlement to remain registered terminates by virtue of subsection (1) above, the registration officer concerned shall remove his entry from the register, unless he is entitled to remain registered with an anonymous entry in pursuance of a further application for registration accompanied by a further application under section 9A.".'.

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Maintenance of registers: Northern Ireland

   

Lembit Öpik
Mr Alan Reid

NC5

To move the following Clause:—

    '(1)   The 1983 Act is amended as follows.

    (2)   After section 10A there is inserted—

    "10ZA   Maintenance of registers: Northern Ireland

    (1)   The Chief Electoral Officer for Northern Ireland must confirm annually the details of every voter registered in every household in Northern Ireland.

    (2)   The form to be used for the purposes of subsection (1) above shall be prescribed by the Secretary of State by order, but shall include—

(a)	the details of all such persons registered in that household;

(b)	the ability for every voter to confirm their details by provision of their signature; and

(c)	the ability to amend the recorded information by requesting the removal of a person from the register or requesting an individual registration form to be sent to that particular address to allow another voter to be added to the register.".'.

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Appointment of visitor for a child who is not being visited

   

Lady Hermon

NC6

To move the following Clause:—

'For Article 31(1) of the Children (Northern Ireland) Order SI 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 3 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.

    (1A)   In ascertaining the child's best interest under 31(1) the authority must take into account the child's age and understanding about the appointment of an independent visitor subject to subsection (5).".'.

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Amendments to section 30 of the 1998 Act

   

Mr David Lidington
Mr Laurence Robertson
Andrew Rosindell

NC7

To move the following Clause:—

    '(1)   Section 30 of the 1988 Act (exclusion of Ministers from office) is amended as follows.

    (2)   After paragraph (1)(b) insert—

"(c)	because he is no longer committed to upholding the rule of law in Northern Ireland".

    (3)   After paragraph (2)(b) insert—

"(c)	because it is no longer committed to upholding the rule of law in Northern Ireland".

    (4)   After paragraph (7)(d) insert—

"(e)	is committed now and in the future to upholding the rule of law in Northern Ireland".'.

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Prepared 17 May 2006