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House of Commons
Session 2006-07
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Notices of Amendments


given up to and including

Friday 17th November 2006

      New Amendments handed in are marked thus *

Committee of the whole House


Northern Ireland (St Andrews Agreement) Bill


Lembit Öpik
Mr Alan Reid

4

* Page 2, line 35, leave out Clause 3.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

33

* Clause 5, page 4, leave out lines 8 to 10.

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

34

* Clause 5, page 5, leave out lines 12 to 15.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

36

* Page 5, line 16, leave out Clause 6.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

35

* Clause 7, page 6, line 24, at end insert—

        ‘(ce) to comply with the Ministerial Code referred to in section 28A(2);’.


Lembit Öpik
Mr Alan Reid

5

* Clause 8, page 7, leave out lines 22 and 23 and insert—

      ‘(9) Once the nominations required by subsection (3) have been made, the Presiding Officer shall—

        (a) compile a list (“an executive declaration”) containing details of the persons nominated and the offices for which they have been nominated; and

        (b) lay the executive declaration before the Assembly for approval.

      (9A) None of the persons listed in an executive declaration shall take up the office for which he has been nominated unless—

        (a) the declaration is approved by the Assembly within the period mentioned in subsection (3);

        (b) each of the persons listed in the approved declaration votes in favour of the motion to approve the declaration; and

        (c) each of the persons so listed has affirmed the terms of the pledge of office.

      (9B) An executive declaration shall not be approved by the Assembly without the support of—

        (a) a majority of the members voting on the motion to approve the declaration;

        (b) a majority of the designated Nationalists voting;

        (c) a majority of the designated Unionists voting; and

        (d) a majority of the designated Others voting.

      (9C) If—

        (a) an executive declaration is not approved by the Assembly in accordance with subsections (9A)(a); or

        (b) an executive declaration is so approved but one or more of the persons listed in the approved declaration—

          (i) does not vote in favour of the motion to approve the declaration, or

          (ii) does not affirm the terms of the pledge of office in accordance with subsection (9A)(c),

        further nominations shall (subject to subsection (9D)) be made in accordance with subsection (3) and a further executive declaration shall be laid before the Assembly for approval in accordance with subsection (9).

      (9D) No nomination may be made by virtue of subsection (9C) of a person who was listed in an approved executive declaration by virtue of an earlier nomination made under subsection (3) and who—

        (a) did not vote in favour of the motion to approve the declaration; or

        (b) did not affirm the pledge of office in accordance with subsection (9A)(c).’.

Lady Hermon

23

* Clause 8, page 9, leave out lines 35 to 42.

Lembit Öpik
Mr Alan Reid

6

* Page 6, line 35, leave out Clause 8.


Lembit Öpik
Mr Alan Reid

7

* Clause 10, page 11, line 4, after ‘to’, insert ‘all’.


Mr David Lidington
Mr Laurence Robertson
Mr Mark Lancaster

25

* Clause 11, page 11, line 24, at end insert—

      ‘(1A) Standing orders shall make provision for the Committee referred to in subsection (1) to be established by no later than 1st May 2009.

      (1B) Standing orders shall specify that part of the remit of the Committee referred to in subsection (1) is to report on the practical arrangements for moving from a system of mandatory coalition in the Executive Committee to a system of voluntary coalition.’.

Mr David Lidington
Mr Laurence Robertson
Mr Mark Lancaster

26

* Clause 11, page 11, line 28, leave out ‘2015’ and insert ‘2012’.

Lembit Öpik
Mr Alan Reid

8

* Clause 11, page 11, line 32, at end insert—

      ‘(4) A report made under this section shall not be construed as to have fulfilled the commitments under the Validation, Implementation and Review section of the Belfast Agreement.’.

Lembit Öpik
Mr Alan Reid

9

* Clause 11, page 12, line 4, at end insert—

    29C Review of community designations

      (1) Standing orders shall require the committee established by virtue of section 29A to consider—

        (a) the operation of community designations; and

        (b) in particular, whether to recommend that the Secretary of State should made an order amending this Act and any other enactment so far as may be necessary to ensure that community designations shall cease to have effect.

      (2) If, by no later than 1 February 2011,—

        (a) the committee established by virtue of section 29A makes the recommendation set out in section 29C(1)(b), and

        (b) the committee’s recommendation is approved by the Northern Ireland Assembly with cross-community support (within the meaning of this Act),

      the Secretary of State must by order made by statutory instrument amend this Act and any other enactment so far as may be necessary to ensure that community designations shall cease to have effect.

      (3) An order under this section may contain supplementary, incidental, consequential, transitional or saving provision.

      (4) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.’.


Mr David Lidington
Mr Laurence Robertson
Mr Mark Lancaster

27

* Clause 12, page 15, line 18, at end insert—

    52D Section 52A: duty to report etc

      (1) The First Minister and the deputy First Minister acting jointly shall prepare an annual report on the functions and work of the North-South Ministerial Council and the British-Irish Council.

      (2) The First Minister and the deputy First Minister acting jointly must present the report referred to in subsection (1) to—

        (a) the Assembly, and

        (b) the Secretary of State.

      (3) The First Minister and the deputy First Minister acting jointly must initiate a debate on the functions and work of the North-South Ministerial Council and the British-Irish Council during each session of the Assembly.’.


Lady Hermon

12

* Clause 13, page 15, line 23, leave out ‘shall’ and insert ‘may’.

Lady Hermon

11

* Page 15, line 20, leave out Clause 13.


Lady Hermon

13

* Clause 15, page 16, line 12, leave out ‘shall adopt’ and insert ‘may develop’.

Lady Hermon

14

* Clause 15, page 16, line 14, leave out ‘shall adopt’ and insert ‘may develop’.


Lembit Öpik
Mr Alan Reid

10

* Page 16, line 31, leave out Clause 17.


Lady Hermon

15

* Page 17, line 1, leave out Clause 18.


Mr David Lidington
Mr Laurence Robertson
Mr Mark Lancaster

31

* Clause 21, page 18, line 9, leave out ‘In’.

Lady Hermon

16

* Clause 21, page 18, leave out lines 9 to 15 and insert—

      ‘(1) In Article 28 of the Education (Northern Ireland) Order 2006 (S.I. 2006/1915 N.I. 11) leave out paragraph 2.

      (1A) In Article 1 of the Education (Northern Ireland) Order 2006 (S.I. 2006/1915 N.I.) leave out paragraph (6).’.

Mr David Lidington
Mr Laurence Robertson
Mr Mark Lancaster

32

* Clause 21, page 18, line 10, leave out ‘, in’ and insert ‘is amended as follows—

      (1A) In paragraph (5), for “2010” substitute “2015”.

      (1B) In’.

Mr David Lidington
Mr Laurence Robertson
Mr Mark Lancaster

1

* Clause 21, page 18, line 13, at end insert ‘(being a date not earlier than 31 July 2010)’.

Mr David Lidington

2

* Clause 21, page 18, line 14, leave out from ‘on’ to end of line 15 and insert ‘31 July 2010;”.’.

Lady Hermon

17

* Clause 21, page 18, leave out lines 20 to 25.

Mr David Lidington
Mr Laurence Robertson
Mr Mark Lancaster

3

* Clause 21, page 18, line 24, leave out ‘28 March 2007’ and insert ‘31 July 2010’.

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

37

* Page 18, line 9, leave out Clause 21.


Lady Hermon

19

* Clause 24, page 19, line 22, leave out subsections (4) to (7).

Lady Hermon

18

* Page 19, line 10, leave out Clause 24.


New clauses

Cross-community support

Lembit Öpik
Mr Alan Reid

NC1

    * To move the following Clause:—

      ‘(1) The 1998 Act is amended as follows.

      (2) In subsection (5) of section 4, for all the words after “matter” there is substituted “means two-thirds of those Assembly members present and voting”.’.


Strategy relating to a standard approach to equality

Lembit Öpik
Mr Alan Reid

NC2

    * To move the following Clause:—

      ‘After section 28E of the 1998 Act (inserted by section 16 of this Act) there is inserted—

    28F Strategy relating to a standard approach to equality

      (1) The Executive Committee shall adopt a strategy setting out how it proposes to ensure that there is a standard and harmonised approach to eq uality matters across all departments.

      (2) The Executive Committee—

        (a) must keep under review the strategy; and

        (b) may from time to time adopt a new strategy or revise the strategy.”.’.


Strategy relating to a shared future

Lembit Öpik
Mr Alan Reid

NC3

    * To move the following Clause:—

      ‘After section 28E of the 1998 Act (inserted by section 16 of this Act) there is inserted—

    28F Strategy relating to a shared future

      (1) The Executive Committee shall adopt a strategy setting out how it proposes to further develop the present policies and practices for promoting the shared future agenda.

      (2) The Executive Committee—

        (a) must keep under review the strategy; and

        (b) may from time to time adopt a new strategy or revise the strategy.”.’.


Transfer of pupils from primary to secondary education

Lembit Öpik
Mr Alan Reid

NC4

    * To move the following Clause:—

      ‘After section 28E of the 1998 Act (inserted by section 16 of this Act) there is inserted—

    28F Transfer of pupils from primary to secondary education

      (1) The Executive Committee shall adopt a policy framework setting out standard procedures for pupils transferring from primary schools to secondary schools.

      (2) The Executive Committee—

        (a) must keep under review the framework; and

        (b) may from time to time adopt a new framework or revise the framework.”.’.


Abolition of discrimination in police recruitment

Lady Hermon

NC5

    * To move the following Clause:—

      ‘(1) In section 44 of the Police (Northern Ireland) Act 2000 subsections (5), (6) and (7) are repealed.

      (2) Section 46 of the Police (Northern Ireland) Act 2000 is repealed.’.


Exclusion of Ministers from office

Mr David Lidington
Mr Laurence Robertson
Mr Mark Lancaster

NC6

    * To move the following Clause:—

      ‘In section 30 of the 1998 Act after subsection 7 (d) insert—

        “(e) is failing to comply fully with any of the terms of the pledge of office.”.’.


District policing partnerships outside Belfast

Mr David Lidington
Mr Laurence Robertson
Mr Mark Lancaster

NC7

    * To move the following Clause:—

      ‘The Policing Board must, not later than 12 months from the passing of this Act, initiate a review of the number and boundaries of the district policing partnerships outside Belfast.’.


Repeal of section 16 of the Northern Ireland (Miscallaneous Provisions) Act 2006

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

NC8

    * To move the following Clause:—

      ‘Section 16 of the Northern Ireland (Miscallaneous Provisions) Act 2006 is repealed.’.


Referendum on the St Andrews Agreement

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

NC9

    * To move the following Clause:—

      ‘A referendum on the St Andrews Agreement shall be held in Northern Ireland on 7 March 2007.’.


Complaints and misconduct

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

NC10

    * To move the following Clause:—

      ‘(1) In the Police (Northern Ireland) Act 1998 (c. 32)—

        (a) after section 60 insert—

    60ZA The Security Service

      (1) An agreement for the establishment in relation to members of the staff of the Security Service of procedures corresponding or similar to any of those established by virtue of this Part may, with the approval of the Secretary of State, be made between the Ombudsman and the Security Service.

      (2) Where no such procedures are in force in relation to the Security Service, the Secretary of State may by order establish such procedures.

      (3) An agreement under this section may at any time be varied or terminated with the approval of the Secretary of State.

      (4) Before making an order under this section the Secretary of State shall consult—

        (a) the Ombudsman; and

        (b) the Security Service.

      (5) Nothing in any other statutory provision shall prevent the Security Service from carrying into effect procedures established by virtue of this section.

      (6) No such procedures shall have effect in relation to anything done by a member of the staff of the Security Service outside Northern Ireland or in relation to terrorism not connected to Northern Ireland.”; and

        (b) in section 61(5) (reports), at the end of paragraph (b) insert “; and

          (c) if the report concerns the Security Service, to the Security Service.”.’.


Mr David Lidington
Mr Laurence Robertson
Mr Mark Lancaster

24

* Schedule 1, page 21, line 20, at end insert—

      ‘(1A) But any person nominated to be either First Minister or deputy First Minister must indicate his willingness to accept the pledge of office as amened by section 7 of this Act.’.


Lady Hermon

20

* Schedule 8, page 36, line 30, leave out ‘15’ and insert ‘28’.

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

38

* Schedule 8, page 36, line 31, leave out ‘condition is’ and insert ‘and representative conditions are’.

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

39

* Schedule 8, page 36, line 35, leave out ‘condition is’ and insert ‘and representative conditions are’.

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

40

* Schedule 8, page 36, line 40, at end insert—

      ‘(5A) The Board must publish a list of the DPPs which, in its view, do not meet the representative condition.’.

Lady Hermon

21

* Schedule 8, page 37, line 3, leave out ‘on the commencement date’ and insert ‘immediately after the last local general election’.

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

41

* Schedule 8, page 37, line 4, at end insert—

      ‘(6A) For the purposes of this paragraph the representative condition is not met in relation to a DPP if—

        (a) the political condition is not met; and

        (b) were the political condition to be met, the DPP taken as a whole would not be as a result, so far as practicable, representative of the community in the council area.’.

Lady Hermon

22

* Schedule 8, page 37, line 5, leave out sub-paragraph (7).

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

42

* Schedule 8, page 37, line 37, leave out ‘(5)’ and insert ‘(5A)’.


 
 
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Prepared: 20 November 2006