rs1751705.594-600

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 17th May 2006
594

Northern Ireland (Miscellaneous Provisions) Bill, continued

(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 subsections (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 subsections (1) or (5) may be instituted

only by the chair.

(7)
Proceedings for an offence under subsections (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.

Report Stage Proceedings: 17th May 2006
595

Northern Ireland (Miscellaneous Provisions) Bill, continued

(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.”.’.

Removal of nationality requirements in Northern Ireland: Removal of existing nationality

requirements

Mark Durkan

Dr Alasdair McDonnell

Mr Eddie McGrady

Not selected  nc10

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 Northern Ireland Court Service;

(c)
in relevant Home Civil Service posts.

(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 Northern Ireland Court Service;

(c)
in relevant Home Civil Service posts.’.

Removal of nationality requirements in Northern Ireland: Power to impose new

nationality requirements

Mark Durkan

Dr Alasdair McDonnell

Mr Eddie McGrady

Not selected  nc11

To move the following Clause:—

‘(1)
Rules may be made with regard to posts falling within the scope of section [A]

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;

Report Stage Proceedings: 17th May 2006
596

Northern Ireland (Miscellaneous Provisions) Bill, continued

(b)
by a Minister of the Crown in the case of relevant Home Civil Service

posts.

(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 provisions for Northern Ireland),


to the implementation of rules include the grant of (or refusal to grant)

exemptions under subsection (4)(b).’.

Removal of nationality requirements in Northern Ireland: Interpretation

Mark Durkan

Dr Alasdair McDonnell

Mr Eddie McGrady

Not selected  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

Not selected  nc13

To move the following Clause:—

‘Article 3 of the European Communities (Employment in the Civil Service) Order

1991 (SI 1991/1221) is repealed.’.

Report Stage Proceedings: 17th May 2006
597

Northern Ireland (Miscellaneous Provisions) Bill, continued

Primacy in intelligence gathering

Mark Durkan

Dr Alasdair McDonnell

Mr Eddie McGrady

Not called  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

Not selected  16

Page  2,  line  26  [Clause  3],  leave out from ‘2010’ to end of line 28.

Mr David Lidington

Mr Laurence Robertson

Andrew Rosindell

Not called  17

Page  2,  line  29  [Clause  3],  leave out subsection (b) and insert—

‘(b)
the year 2015;

(c)
every tenth year following 2015;’.

Mr David Lidington

Mr Laurence Robertson

Andrew Rosindell

Not called  18

Page  3,  line  2  [Clause  3],  leave out ‘2010’ and insert ‘2015’.

Report Stage Proceedings: 17th May 2006
598

Northern Ireland (Miscellaneous Provisions) Bill, continued

Mr David Lidington

Mr Laurence Robertson

Andrew Rosindell

Not called  19

Page  3,  line  3  [Clause  3],  leave out ‘2010’ and insert ‘2015’.

Mr David Lidington

Mr Laurence Robertson

Andrew Rosindell

Not called  20

Page  3,  line  4  [Clause  3],  leave out paragraph (c).

Mr David Lidington

Mr Laurence Robertson

Andrew Rosindell

Not selected  21

Page  7,  line  31  [Clause  8],  leave out subsection (2).

Mr David Lidington

Mr Laurence Robertson

Andrew Rosindell

Not selected  22

Page  7,  line  33  [Clause  8],  leave out subsection (3).

Mr David Lidington

Mr Laurence Robertson

Andrew Rosindell

Not called  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

Not called  13

Page  11,  line  25  [Clause  14],  leave out subsections (3) to (6).

Mr Secretary Hain

Agreed to  2

Page  12,  line  30  [Clause  16],  after ‘subsection’ insert ‘(2A),’.

Report Stage Proceedings: 17th May 2006
599

Northern Ireland (Miscellaneous Provisions) Bill, continued

Mr Secretary Hain

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  6

Page  13,  line  13  [Clause  16],  leave out subsection (3).

Mr Secretary Hain

Agreed to  1

Page  20,  line  29  [Clause  30],  at end insert—

‘(3)
Section (Sustainable development) extends to Northern Ireland only.’.

Mr Secretary Hain

Agreed to  7

Page  22,  line  20  [Schedule  2],  at end insert—

‘Part A1

Department in the charge of Minister approved by resolution of Assembly

Report Stage Proceedings: 17th May 2006
600

Northern Ireland (Miscellaneous Provisions) Bill, continued

Introduction

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).

Section 18 not to apply to relevant Minister

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.

Provisions relating to relevant Minister

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.

      (5)
If—

(a)
the nomination does not take effect within a period specified in

standing orders; or