| Justice and Security (Northern Ireland) Bill - continued | House of Commons |
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Mr Secretary Hain 35 * Page 8, line 1 [Clause 9], leave out ‘by’ and insert ‘to’. 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. 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.’. Mr Secretary Hain 26 * Page 15, line 35 [Clause 19], leave out ‘1st January 2008.’ and insert ‘1st August 2007.’. Mr Secretary Hain 27 * Page 16, line 1 [Clause 19], leave out ‘1st January 2008’ and insert ‘1st August 2007’. Mark Durkan
25 Page 16, line 9, leave out Clauses 20 to 41. Mr Secretary Hain 28 * Page 29, line 9 [Clause 49], at end insert— ‘(aa) section (Northern Ireland department with policing and justice functions) (and Schedule (Northern Ireland department with policing and justice functions));’. Lembit Öpik
13 Page 29, line 20 [Clause 50], at end insert— ‘( ) section 19;’. New Schedule Mr Secretary Hain NS1 * To move the following Schedule:— 1 In Schedule 2 to the 2 After Part 3 insert— “Part 3A Department in the charge of Minister and deputy Minister Introduction (a) the functions of which consist wholly or mainly of devolved policing and justice functions; and (b) in relation to which an Act of the Assembly provides, by virtue of section 21A(5A)— (2) In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section). Modification of section 16A (2) Subsection (2) shall have effect as if, at the end there were inserted “; and the deputy Minister (within the meaning of Part 3A of Schedule 4A) shall cease to hold office.” (3) Subsection (3) shall have effect as if, for paragraph (b) (and the word “and” before it) there were substituted— “(aa) once those offices have been filled, the relevant Ministerial office (within the meaning of Part 3A of Schedule 4A) and the deputy Ministerial office (within that meaning) shall be filled by applying paragraph 11E(2)(b) and (3) to (8) of that Schedule; and (b) once those offices have been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).” Section 18 not to apply to relevant Minister 11C (1) Subject to sub-paragraphs (2) to (5), section 18 (Northern Ireland Ministers) shall not apply in relation to— (a) the relevant Minister; or (b) the Ministerial office held by the relevant Minister (the “relevant Ministerial office”), and paragraphs 11E to 11G shall apply instead. (a) at any time when the number of Ministerial offices held by members of the party (apart from the relevant Ministerial office) is nil, shall be taken not to include the relevant Ministerial office; but (b) at any time when the number of Ministerial offices held by members of the party (apart from the relevant Ministerial office) is one or more, shall be taken to include the relevant Ministerial office. (4) In the application of section 18(5) to any other political party, that reference to Ministerial offices shall be taken to include the relevant Ministerial office. (a) on each occasion on which a nominating officer of a political party is entitled to exercise the power conferred by section 18(2), he does so within the period mentioned in section 18(3)(a); (b) the nominated person, in each case, takes up the selected Ministerial office within that period; and (c) the reference in section 18(5) to Ministerial offices (in the definition of M) is taken to include the relevant Ministerial office. Section 19 not to apply to deputy Minister 11D (1) The deputy Minister is to be treated for the purposes of this Act as if he were a junior Minister, but the provisions of section 19 (junior Ministers) shall not apply in relation to— (a) him; or (b) the office held by him (the “deputy Ministerial office”), (so that, in particular, the deputy Ministerial office shall not count for the purposes of any formulae or other rules mentioned in section 19(2)); and the following provisions of this Part of this Schedule shall apply instead. (3) The relevant Minister and the deputy Minister shall consult the First Minister and the deputy First Minister before making any determination under sub-paragraph (2). Provisions relating to relevant Minister and deputy Minister 11E (1) When devolved policing and justice functions are first transferred to, or conferred on, the department mentioned in paragraph 11A, the relevant Ministerial office and the deputy Ministerial office shall be filled by applying sub-paragraphs (3) to (8) within a period specified in standing orders. (2) The relevant Ministerial office and the deputy Ministerial office shall be filled by applying sub-paragraphs (3) to (8)— (a) before section 18(2) to (6) is applied in relation to the other Ministerial offices; and (a) the relevant Minister; or (b) the deputy Minister. (a) he belongs to the largest or the second largest political designation (see paragraph 11H); (5) A candidate shall not be elected to either of those offices by the Assembly without the support of— (a) a majority of the members voting in the election; (b) a majority of the designated Nationalists voting; and (c) a majority of the designated Unionists voting. (6) A candidate shall not be elected to hold office as deputy Minister unless— (a) the relevant Ministerial office is filled; and (b) the candidate and the relevant Minister belong to different political designations. (7) A person elected to the office of relevant Minister or deputy Minister shall not take up office until he has affirmed the terms of the pledge of office. (9) The relevant Minister or the deputy Minister shall cease to hold office if— (a) he resigns by notice in writing to the First Minister and the deputy First Minister; (b) he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; (11) But if— (a) the relevant Ministerial office is filled by virtue of sub-paragraph (10); and (b) the person appointed as the relevant Minister belongs to the same political designation as the deputy Minister, the deputy Minister shall cease to hold office and the deputy Ministerial office shall be filled by applying sub-paragraphs (3) to (8) within a period specified in standing orders. (12) Standing orders may make provision with respect to the holding of elections under this paragraph. Eligibility to become relevant Minister or deputy Minister 11F (1) The holding of office as First Minister or deputy First Minister shall not prevent a person being elected to hold— (a) the relevant Ministerial office; or (b) the deputy Ministerial office. (2) Where— (a) the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and (b) the party’s period of exclusion under that provision has not come to an end, no member of that party may be nominated under paragraph 11E(4)(b). (3) Where— (a) the Secretary of State has given a direction under section 30A(5) in respect of a political party; and (b) the party’s period of exclusion under that provision has not come to an end, no member of that party may be nominated under paragraph 11E(4)(b). (4) In this paragraph, a reference to a period of exclusion under any provision is, in the case of a period of exclusion under that provision which has been extended, a reference to that period as extended. Change in number of Ministerial offices held by members of a political party (a) the total number of Ministerial offices held by members of a political party increases; or (b) the total number of Ministerial offices held by members of a political party decreases, all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders. (2) But sub-paragraph (1) shall not apply if— (a) the former Minister ceased to hold office by virtue of being dismissed by a nominating officer under paragraph 11E(9)(c); and (b) before the relevant Ministerial office was filled, either of the conditions in sub-paragraph (3) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer. (a) another member of the Assembly sought to nominate the member under paragraph 11E(4)(b) for the relevant Ministerial office but consent to his nomination was not given in accordance with paragraph 11E(4)(c); or (b) the member was elected to the relevant Ministerial office, but the member did not take up the office within the period specified in standing orders by virtue of paragraph 11E(8). Interpretation 11H (1) In this Part of this Schedule “nominating officer” has the same meaning as in section 18. (2) For the purposes of this Part of this Schedule, a member of the Assembly is to be taken— (a) to belong to the political designation “Nationalist” if he is a designated Nationalist; (b) to belong to the political designation “Unionist” if he is a designated Unionist; (c) otherwise, to belong to the political designation “Other”; and the size of the political designations “Nationalist”, “Unionist” and “Other” are to be determined in accordance with section 16C(4) and (5).” 3 In paragraph 12(1), for “or (5)” substitute “, (5) or (5A) or an Order in Council under section 21A(7C)”.’. 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. |
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