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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.


 
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