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House of Commons
Session 2006-07
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Thursday 18th January 2007

Public Bill Committee


      New Amendments handed in are marked thus *

      Other Amendments not tabled within the required notice period are marked thus 8

Justice and Security (Northern Ireland) Bill


Note

The Amendments have been arranged in accordance with the Order of the Committee [16th January].


Lady Hermon

31

Clause 9, page 6, line 24, leave out ‘in the course of his functions as’ and insert ‘whilst’.


Lady Hermon

66

8 Clause 13, page 10, line 22, at end insert ‘but must act on behalf of an identified victim.’.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

41

Clause 14, page 11, line 12, leave out paragraph (a).

Lady Hermon

68

8 Clause 14, page 11, line 20, leave out ‘sufficiently’ and insert ‘competently’.

Mr Laurence Robertson

15

Clause 14, page 11, line 21, at end insert ‘, and

        (c) establishes that it has not been investigated by another person because it has been determined that it most properly falls to the Commission to carry out such an investigation.’.

Mr Laurence Robertson

16

Clause 14, page 11, line 21, at end insert—

      ‘(4A) The Commission shall give a reason for the issuing of the notice to the person to whom it is issued at the point of issuing it.’.

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

42

Clause 14, page 11, line 22, leave out subsection (5).

Lady Hermon

70

8 Clause 14, page 11, line 27, at end insert—

      ‘(5A) A recipient of a notice under subsection (1) above who wishes to have the notice cancelled under subsection (5) shall be entitled to legal aid.’.

Lady Hermon

69

8 Clause 14, page 11, line 30, leave out sub-paragraph (b).

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

43

Clause 14, page 11, line 44, at end insert ‘or to imprisonment for a period not exceeding three months.’.

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

44

Clause 14, page 12, line 1, leave out subsection (10).

Mr Laurence Robertson

17

Clause 14, page 12, line 3, at end insert—

      ‘(11) The Commission shall prepare a report on any investigations it has undertaken, or any part thereof, by virtue of this section and shall submit that report to the Lord Chief Justice within one month of the beginning of the investigation.’.

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

45

Clause 14, page 12, leave out from line 4 to line 16 on page 13.


Lady Hermon

67

8 Clause 15, page 13, leave out lines 34 and 35.

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

46

Clause 15, page 14, line 10, leave out subsection (5).

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

47

Clause 15, page 14, line 16, leave out subsection (6).

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

48

Clause 15, page 14, line 24, leave out subsection (7).

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

49

Clause 15, page 14, line 32, leave out subsection (8).

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

50

Clause 15, page 14, line 43, at end insert ‘or to imprisonment for a period not exceeding three months.’.


Lembit Öpik
Mr Alan Reid

52

Clause 19, page 15, line 35, leave out ‘1st January 2008’ and insert ‘the coming into force of this section’.

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady
Lembit Öpik
Mr Alan Reid

51

Page 15, line 3, leave out Clause 19.


Mr Laurence Robertson

18

Clause 20, page 16, line 11, leave out ‘necessary’ and insert ‘reasonable’.

Mr Laurence Robertson

19

Clause 20, page 16, line 12, at end insert ‘, if he suspects that he may be able to provide information about a recent explosion or another recent incident endangering life, or the effects thereof.’.

Mr Laurence Robertson

20

Clause 20, page 16, line 14, leave out ‘necessary’ and insert ‘reasonable’.

Lady Hermon

32

Clause 20, page 16, line 25, after ‘to’, insert ‘six months imprisonment or’.

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

54

8 Page 16, line 9, leave out Clause 20.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

55

8 Page 16, line 28, leave out Clause 21.


Mr Laurence Robertson

21

Clause 22, page 17, line 5, leave out from ‘in’ to end of line 6 and insert ‘order to prevent paramilitary activity or to obtain evidence relating to suspected paramilitary activity.’.

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

56

8 Page 17, line 3, leave out Clause 22.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

57

8 Page 18, line 1, leave out Clause 23.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

58

8 Page 18, line 4, leave out Clause 24.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

59

8 Page 18, line 11, leave out Clause 25.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

60

8 Page 19, line 7, leave out Clause 26.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

61

8 Page 19, line 30, leave out Clause 27.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

62

8 Page 20, line 16, leave out Clause 28.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

63

8 Page 20, line 26, leave out Clause 29.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

64

8 Page 20, line 37, leave out Clause 30.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

65

8 Page 21, line 14, leave out Clause 31.


Mr Laurence Robertson

22

Clause 33, page 23, line 2, after ‘revised’, insert ‘by order made by statutory instrument under the affirmative resolution procedure’.


Mr Laurence Robertson

23

Clause 34, page 23, line 8, at end insert ‘, but all breaches of the code shall subject the police officer to disciplinary procedures.’.


Lembit Öpik
Mr Alan Reid

53

Clause 50, page 29, line 20, at end insert—

        ‘( ) section 19;’.


NEW CLAUSES

Procedure for application under section 1

Lembit Öpik
Mr Alan Reid

NC1

    To move the following Clause:—

      ‘(1) An application under section 1 for any trial on indictment of a person charged with one or more indictable offences (“the defendant”) must be determined by the court before the arraignment of—

        (a) the defendant, or

        (b) any person committed for trial on indictment with the defendant.

      (2) The parties to any hearing at which an application to which this section applies is to be determined must be given an opportunity to make representations with respect to the application.’.


Complaints and misconduct relating to the Security Service in Northern Ireland

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

NC2

    To move the following Clause:—

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

        (a) after section 60ZA insert—

    60ZB 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 (c) insert “; and

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


Primacy in intelligence gathering

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

NC3

    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 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; and

        (f) deployment of directed and intrusive surveillance.

      (3) Subsection (1) applies whether or not the intelligence concerned relates or may relate to national security.’.


Repeal of conditions for the devolution of justice

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

NC4

    To move the following Clause:—

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


Duration of sections 20 to 39

Lembit Öpik
Mr Alan Reid

NC5

    To move the following Clause:—

      ‘(1) Sections 20 to 39 shall expire at the end of the period of 12 months beginning with the day on which this Act is passed.

      (2) The Secretary of State may, by order made by statutory instrument—

        (a) repeal sections 20 to 39; or

        (b) provide that those sections are not to expire at the time when they would otherwise expire under subsection (1) or in accordance with an order under this subsection but are to continue in force after that time for a period not exceeding 12 months.

      (3) No order may be made under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House.’.

ORDER OF THE HOUSE [13TH DECEMBER 2006]

       The following provisions shall apply to the Justice and Security (Northern Ireland) Bill:

Committal

        1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

        2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 25th January 2007.

        3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


ORDER OF THE COMMITTEE [16TH JANUARY 2007]

       That—

        (1) the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 16th January) meet—

        (a) at 4.30 p.m. on Tuesday 16th January;

        (b) at 9.00 a.m. and 1.00 p.m. on Thursday 18th January;

        (c) at 10.30 a.m. and 4.30 p.m. on Tuesday 23rd January;

        (d) at 9.00 a.m. and 1.00 p.m. on Thursday 25th January;

        (2) the proceedings shall be taken in the following order: Clauses 1 to 8; Schedule 1; Clause 9; Schedule 2; Clauses 10 to 23; Schedule 3; Clauses 24 to 37; Schedule 4; Clauses 38 to 45; Schedule 5; Clauses 46 and 47; Schedule 6; Clauses 48 to 51; new Clauses; new Schedules; remaining proceedings on the Bill;

        (3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 25th January.


 
 
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© Parliamentary copyright 2007
Prepared: 18 January 2007