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Notices of Amendments given on Thursday 1st February 2007 Consideration of Bill Justice and Security (Northern Ireland) Bill Mr Laurence Robertson 1 Page 1, line 5 [Clause 1], leave out ‘Director of Public Prosecutions for’ and insert ‘Lord Chief Justice of’. Mr Laurence Robertson 2 Page 5, line 16 [Clause 6], leave out ‘authority making them’ and insert ‘Lord Chief Justice of Northern Ireland’. Mr Laurence Robertson 3 Page 5, line 26 [Clause 7], leave out ‘Director of Public Prosecutions for’ and insert ‘Lord Chief Justice of’. Mr Laurence Robertson 4 Page 5, line 30 [Clause 7], leave out ‘Director’ and insert ‘Lord Chief Justice of Northern Ireland’. Lembit Öpik
5 Page 2, line 30 [Clause 1], at end insert— ‘(11) Where a certificate has been issued under subsection (2), the judge conducting the trial may— (a) accept the certificate, or (b) reject the certificate. (12) When considering the issuing of a certificate under subsection (11), the judge shall take into account any written representations he may receive from the defendant. (13) If the judge conducting the trial— (a) accepts the certificate, the trial shall be conducted in accordance with the provisions of this Part; (b) rejects the certificate, the trial shall be conducted with a jury and the provisions of this Part shall not apply. (14) In cases where a certificate has been rejected in accordance with subsection (11)(b), the judge conducting the trial shall provide, in writing, his reasons for the rejection to the Director of Public Prosecutions for Northern Ireland. (15) The Director of Public Prosecutions for Northern Ireland may publish the reasons provided under subsection (14).’. Lembit Öpik
6 Page 1, line 8 [Clause 1], leave out ‘suspects’ and insert ‘believes, on the balance of probabilities,’. Lembit Öpik
7 Page 1, line 9 [Clause 1], leave out ‘there is a risk’ and insert ‘it is likely’. Lembit Öpik
8 Page 1, line 10 [Clause 1], leave out ‘might’ and insert ‘would’. Lembit Öpik
9 Page 2, line 29 [Clause 1], leave out paragraphs (d) and (e) and insert— ‘(d) there is evidence of a significant relationship between A and B.’. Lembit Öpik
12 Page 15, line 35 [Clause 19], leave out ‘on or after 1st January 2008’ and insert ‘after the coming into force of this section.’. Lembit Öpik
13 Page 29, line 20 [Clause 50], at end insert— ‘( ) section 19;’. Duration of sections 20 to 39 Lembit Öpik
NC1 To move the following Clause:— ‘(1) Sections 20 to 39 shall (subject to subsection (2) cease to have effect at the end of the period of one year beginning with the day on which it is brought into force. (2) The Secretary of State may by order provide— (a) that a provision of sections 20 to 39 which is in force (whether or not by virtue of this subsection) shall continue in force for a specified period not exceeding 12 months; (b) that a provisions of sections 20 to 39 shall cease to have effect; (c) that a provision of sections 20 to 39 which is not in force (whether or not by virtue of this subsection) shall come into force and remain in force 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.’. Mark Durkan
14 Page 1, line 2, leave out Clauses 1 to 6. Lembit Öpik
15 Page 5, line 24, leave out Clause 7. Mark Durkan
16 Page 5, line 35, leave out Clause 8. Mark Durkan
17 Page 11 [Clause 14], leave out lines 12 and 13. Mark Durkan
18 Page 11 [Clause 14], leave out lines 22 to 27. Mark Durkan
19 Page 11, line 44 [Clause 14], at end insert ‘or to imprisonment for a period not exceeding three months.’. Mark Durkan
20 Page 12, line 1 [Clause 14], leave out ‘not’. Mark Durkan
21 Page 12 [Clause 14], leave out from beginning of line 4 to end of line 16 on page 13. Mark Durkan
22 Page 14 [Clause 15], leave out lines 10 to 35. Mark Durkan
23 Page 14, line 43 [Clause 15], at end insert ‘or to imprisonment for a period not exceeding three months.’. Lembit Öpik
24 Page 15, line 32, leave out Clause 19. Mark Durkan
25 Page 16, line 9, leave out Clauses 20 to 41. Powers of the Secretary of State with regard to conditions for devolving policing and justice matters Mark Durkan
NC2 To move the following Clause:— ‘After section 4 of the Northern Ireland Act, 1998 (c. 47), insert— “4A (1) If by 1st May 2008 no resolution has been passed by the Assembly of the type referred to in section 4(2A), then, notwithstanding anything in section 4(2) or (2A), the Secretary of State may lay before Parliament the draft of an Order in Council amending Schedule 3 so that devolved policing and justice matters cease to be reserved matters with effect from such date as may be specified in the Order. (2) If the draft of an Order laid before Parliament under sub-section (1) is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order. (3) An Order made under this section— (a) must confer all functions with regard to devolved policing and justice matters on the Northern Ireland department referred to in section 21(3) of this Act, if established by Act of the Assembly; (b) must establish a new Northern Ireland department in the charge of the First Minister and Deputy First Minister acting jointly, if not already established by Act of the Assembly; (c) may make such modifications of enactments as appear to the Secretary of State to be necessary or expedient in consequence of the transfer of devolved policing and justice matters; and (d) may make such consequential, supplemental or transitional provision as appears to the Secretary of State to be necessary or expedient. (4) Nothing in this section prejudices the operation of Part III of this Act and the Assembly may amend or revoke an Order made under this section. (5) In this section “devolved policing and justice matter” has the same meaning as in section 4.”.’. Complaints and misconduct (the Security Service in Northern Ireland) Mark Durkan
NC3 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 with the affairs of 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
NC4 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; and (f) deployment of directed and intrusive surveillance in matters connected with the affairs of Northern Ireland. (3) Sub-section (1) applies whether or not the intelligence concerned relates or may relate to national security.’. |
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