House of Commons Amendments
          
House of Commons
Session 2006-07
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Tuesday 21st November 2006

Committee of the whole House


      New Amendments handed in are marked thus *

Northern Ireland (St Andrews) Agreement Bill


The Reverend Ian Paisley
Mr Peter Robinson

43

* Clause 2, page 2, line 10, after ‘2007,’, insert ‘or such later date as may be specified in an order made by the Secretary of State,’.

The Reverend Ian Paisley
Mr Peter Robinson

44

* Clause 2, page 2, line 11, after ‘2007’, insert ‘, or such later date as may be specified in an order made by the Secretary of State’.

The Reverend Ian Paisley
Mr Peter Robinson

45

* Clause 2, page 2, line 17, after ‘2007’, insert ‘, or such later date as may be specified in an order made by the Secretary of State’.


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
Mr David Lidington
Mr Laurence Robertson
Mr Mark Lancaster

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 having 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 make 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.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

60

* Clause 25, page 19, line 36, at end insert—
‘“the 1983 Act” means the Representation of the People Act 1983 (c. 2);’.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

61

* Clause 26, page 20, line 8, at end insert—

        ‘(c) Sections (Restoration to electoral register for purposes of the poll under section 3 of names previously removed), (Temporary modifications of section 10A of Representation of the People Act 1983) and (Duration of sections (Restoration to electoral register for purposes of the poll under section 3 of names previously removed) and (Temporary modifications of section 10A of Representation of the People Act 1983)).’.


The Reverend Ian Paisley
Mr Peter Robinson

46

* Clause 27, page 20, line 24, after ‘2007’, insert ‘, or such later date as may be specified in an order made by the Secretary of State’.


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 (Miscellaneous Provisions) Act 2006

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

NC8

    To move the following Clause:—

      ‘Section 16 of the Northern Ireland (Miscellaneous 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.”.’.


Restoration to electoral register for purposes of the poll under section 3 of names previously removed

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

NC11

    * To move the following Clause:—

      ‘(1) Where—

        (a) on 15th October 2006 a person (“the former elector”) was for the time being registered in the register in respect of any address in Northern Ireland,

        (b) on the conclusion of the canvass conducted in Northern Ireland under section 10 of the 1983 Act (maintenance of registers: duty to conduct canvass) by reference to residence on that day, the name of the former elector was removed from the register in respect of that address—

          (i) by virtue of section 10A(5)(a) of that Act, merely because the form mentioned in section 10(4) of that Act was not returned in respect of that address, or

          (ii) by virtue of section 10A(5A) of that Act, and

        (c) the Chief Electoral Officer has no information which suggests that the former elector has ceased to be resident at that adress or has otherwise ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act,

      the Chief Electoral Officer may enter the name of the former elector in the register in respect of that address.

      (2) The power conferred by subsection (1) may only be exercised before the date of the poll referred to in section 3 and shall have effect for the purposes of that poll.

      (3) Nothing in section 13A of the 1983 Act (alteration of registers) applies in relation to an alteration taking effect under this section.

      (4) Where by virtue of subsection (1) the Chief Electoral Officer enters the name of a person in the register in respect of any address—

        (a) the information supplied by that person pursuant to section 10(4A), 10A(1A) or 13A(2A) of the 1983 Act in connection with his previous registration is to be taken also to have been supplied by him in connection with his registration by virtue of this section, and

        (b) any request duly made by that person in connection with his previous registration to be excluded from the version of the register published under regulation 88 of the Representation of the People (Northern Ireland) Regulations 2001 (S.I. 2001/400) (edited version of register) is to be taken also to have been made by him in connection with his registration by virtue of this section.

      (5) In this section—

      “the Chief Electoral Officer” means the Chief Electoral Officer for Northern Ireland;

      “the register” means—

        (a) the register of parliamentary electors maintained by the Chief Electoral Officer under section 9 of the 1983 Act, or

        (b) the register of local electors maintained by him under that section as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989 (c. 3).’.


 
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Prepared: 21 November 2006