rs1751705.587-593

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

587

House of Commons

Wednesday 17th May 2006

Report Stage Proceedings

Northern Ireland (Miscellaneous Provisions) Bill, As Amended

New Clauses

Sustainable development

Mr Secretary Hain

Added  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.’.

Report Stage Proceedings: 17th May 2006
588

Northern Ireland (Miscellaneous Provisions) Bill, continued

Conditions for devolving policing and justice matters

Mr Secretary Hain

Added  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).’.

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

The Reverend Ian Paisley

Mr Peter Robinson

Mr Nigel Dodds

Negatived on division  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.”.’.

Report Stage Proceedings: 17th May 2006
589

Northern Ireland (Miscellaneous Provisions) Bill, continued

Anonymous registration: Northern Ireland

Lembit Öpik

Mr Alan Reid

Withdrawn  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.

Report Stage Proceedings: 17th May 2006
590

Northern Ireland (Miscellaneous Provisions) Bill, continued

(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.”.’.

Maintenance of registers: Northern Ireland

Lembit Öpik

Mr Alan Reid

Not selected  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

Report Stage Proceedings: 17th May 2006
591

Northern Ireland (Miscellaneous Provisions) Bill, continued

registration form to be sent to that particular address to allow

another voter to be added to the register.”.’.

Appointment of visitor for a child who is not being visited

Lady Hermon

Withdrawn  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).”.’.

Amendments to section 30 of the 1998 Act

Mr David Lidington

Mr Laurence Robertson

Andrew Rosindell

Negatived on division  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”.’.

Report Stage Proceedings: 17th May 2006
592

Northern Ireland (Miscellaneous Provisions) Bill, continued

Amendment to section 18 of the 1998 Act

Mr David Lidington

Mr Laurence Robertson

Andrew Rosindell

Not called  NC8

To move the following Clause:—

‘In Section 18 of the 1998 Act after subsection (8) insert—

“(8A)
A Northern Ireland Minister shall not take up office until he has made a

declaration before the Assembly pledging to uphold the rule of law.”.’.

Powers of the Northern Ireland Human Rights Commission

Mark Durkan

Dr Alasdair McDonnell

Mr Eddie McGrady

Not called  nc9

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 committtee 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.

(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;

Report Stage Proceedings: 17th May 2006
593

Northern Ireland (Miscellaneous Provisions) Bill, continued

(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.

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 mangement 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.