06219.1-2

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Northern Ireland (Miscellaneous Provisions) Bill
[The page and line references are to HL Bill 110, the bill as first printed for the Lords.]
Clause 12
1
Leave out Clause 12
Clause 13
2
Leave out Clause 13
After Clause 20
3
Insert the following new Clause—

“Continued suspension of Assembly: Parliamentary control of Orders in

Council

(1)
This section shall come into force on 25th November 2006 unless a

restoration order under section 2(2) of the Northern Ireland Act 2000 (c. 1)

has been made before that date (in which case this section shall cease to

have effect).

(2)
Paragraph 2 of the Schedule to that Act is amended as follows.

(3)
In sub-paragraph (1)(a), for “by resolution of each House of Parliament”

substitute “in accordance with sub-paragraphs (1A) to (1E)”.

(4)
After sub-paragraph (1) insert—

“(1A)
A draft of every Order in Council must be laid before each House

of Parliament for approval before it may be made.

    (1B)
If either House of Parliament passes a resolution that the draft

Order be approved with a specified amendment or amendments,

the Secretary of State shall withdraw the draft Order in Council.

    (1C)
If no amendment or amendments are specified under sub-

paragraph (1B), the Order shall be approved unamended.

Bill 219 54/1

2

    (1D)
If the draft Order in Council is withdrawn under sub-paragraph

(1B), the Secretary of State may re-lay the draft Order in Council

before each House of Parliament—

(a)
with the amendment or amendments specified under

sub-paragraph (1B) incorporated into the draft Order in

Council, or

(b)
with notice in writing to each House of Parliament of the

Secretary of State’s refusal to incorporate the amendment

or amendments specified under sub-paragraph (1B) and

the reasons for that refusal.

    (1E)
If the draft Order in Council is re-laid under sub-paragraph (1D)

without the amendments incorporated, the Order shall be made

having been approved by a resolution of each House of

Parliament.””
Clause 23
4
Page 16, line 7, at end insert “under the law of Northern Ireland”
5
Page 16, line 12, at end insert—

“( )
Where an Order in Council under this section creates an offence, it must

make provision as to the mode of trial and punishment of offenders; but

there is no power for the Order—

(a)
to impose a maximum term of imprisonment, on summary

conviction, of more than three months;

(b)
to impose a maximum fine, on summary conviction, of more than

the statutory maximum; or

(c)
to impose a maximum term of imprisonment, on conviction on

indictment, of more than two years.”
Schedule 4
6
Page 39, line 25, leave out “96(1)” and insert “96(2)”