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Session 2006-07
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Tuesday 6th February 2007

Consideration of Bill


Justice and Security (Northern Ireland) Bill


NEW CLAUSES

Northern Ireland department with policing and justice functions

Mr Secretary Hain

NC5

    To move the following Clause:—

      ‘(1) In section 17 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), the inserted section 21A of the Northern Ireland Act 1998 (c. 47) (Northern Ireland department with policing and justice functions) is amended as follows.

      (2) For subsections (1) and (2) substitute—

      “(1) An Act of the Assembly that—

        (a) establishes a new Northern Ireland department; and

        (b) provides that the purpose of the department is to exercise functions consisting wholly or mainly of devolved policing and justice functions,

      may (but need not) make provision of the kind mentioned in subsection (3), (4), (5) or (5A).”

      (3) After subsection (5) insert—

        (a) for the department to be in the charge of a Northern Ireland Minister elected by the Assembly; and

        (b) for that Minister to be supported by a deputy Minister elected by the Assembly.”

      (4) In subsection (6)—

        (a) for “and (5)” substitute “, (5) and (5A)”;

        (b) at the end insert “, or by Order in Council under subsection (7C)”.

      (5) After subsection (7) insert—

      “(7A) If it appears to the Secretary of State that there is no reasonable prospect that the Assembly will pass an Act of the kind described in subsection (1)(a) and (b), he may lay before Parliament the draft of an Order in Council which—

        (a) establishes a new Northern Ireland department;

        (b) provides that the purpose of the department is to exercise functions consisting wholly or mainly of devolved policing and justice functions;

        (c) provides for the department to be in the charge of a Northern Ireland Minister elected by the Assembly and for that Minister to be supported by a deputy Minister elected by the Assembly; and

        (d) provides for Part 3A of Schedule 4A to apply in relation to the department (with any necessary modifications).

      (7B) The draft of an Order laid before Parliament under subsection (7A) may contain supplementary, incidental, consequential, transitional or saving provision.

      (7C) If the draft of an Order laid before Parliament under subsection (7A) 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.

      (7D) No more than one department may be established by virtue of an Order under subsection (7C).”

      (6) After section 21A of the Northern Ireland Act 1998 (c. 47) insert—

    21B Section 21A(5A): transitional provision

      (1) This section has effect in relation to—

        (a) the first Act of the Assembly to establish a new Northern Ireland department and to make provision of the kind mentioned in section 21A(5A); or

        (b) an Order in Council under section 21A(7C) establishing a new Northern Ireland department.

      (2) The Act or the Order may include provision for or in connection with securing that the department is to be treated, for the purposes of section 17, as not having been established until the time at which devolved policing and justice functions are first transferred to, or conferred on, the department (“the time of devolution”).

      (3) The Act or the Order may include provision for or in connection with applying paragraph 11E(3) to (6) of Schedule 4A (with any necessary modifications) to enable elections to be held, before the time of devolution, to select—

        (a) a member of the Assembly (“the relevant Minister designate”) to be the person who is to hold the relevant Ministerial office as from the time of devolution; and

        (b) a member of the Assembly (“the deputy Minister designate”) to be the person who is to hold the deputy Ministerial office as from that time.

      (4) Where the Act or the Order includes provision by virtue of subsection (3), it shall secure that (notwithstanding paragraph 11E(1) of Schedule 4A)—

        (a) if the relevant Minister designate affirms the terms of the pledge of office within a specified period after the time of devolution, he shall become the relevant Minister;

        (b) if the deputy Minister designate affirms the terms of the pledge of office within that period, he shall (subject to paragraph (c)) become the deputy Minister;

        (c) if the relevant Minister designate does not affirm the terms of the pledge of office within that period—

          (i) he shall not become the relevant Minister, and

          (ii) paragraph 11E(10) and (11) of Schedule 4A shall apply as if the relevant Minister had ceased to hold office at the end of that period otherwise than by virtue of section 16A(2);

        (d) if the deputy Minister designate does not affirm the terms of the pledge of office within that period—

          (i) he shall not become the deputy Minister, and

          (ii) paragraph 11E(10) of Schedule 4A shall apply as if the deputy Minister had ceased to hold office at the end of that period otherwise than by virtue of section 16A(2).

      (5) In this section “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).

      (6) In this section “relevant Minister”, “relevant Ministerial office”, “deputy Minister” and “deputy Ministerial office” have the same meaning as in Part 3A of Schedule 4A.”

      (7) After section 21B of the Northern Ireland Act 1998 (c. 47) insert—

    21C Section 21A(5A): power of Assembly to secure retention or abolition of deputy Ministerial office

      (1) This section applies if a new Northern Ireland department is established—

        (a) by an Act of the Assembly which makes provision of the kind mentioned in section 21A(5A); or

        (b) by an Order in Council under section 21A(7C).

      (2) Standing orders shall require the committee established by virtue of section 29A to consider the operation of the Ministerial arrangements provided for by Part 3A of Schedule 4A.

      (3) The committee shall, by no later than two years and ten months after the time at which devolved policing and justice functions are first transferred to, or conferred on, the department (“the time of devolution”), make a report on the operation of the Ministerial arrangements provided for by Part 3A of Schedule 4A—

        (a) to the Assembly; and

        (b) to the Executive Committee,

      and the report must include a recommendation as to whether or not the deputy Ministerial office (see subsection (8)) should be retained.

        (a) subsection (4) does not apply; and

        (b) the Assembly does not resolve, before the end of the initial period, that the deputy Ministerial office should be retained for an additional period ending after the initial period,

      the Secretary of State shall make an order abolishing the deputy Ministerial office as soon as reasonably practicable after the end of the initial period.

      (6) If—

        (a) subsection (4) does not apply;

        (b) the Assembly resolves that the deputy Ministerial office should be retained for an additional period ending after the initial period or for one or more further additional periods; and

        (c) one of those additional periods ends without a further additional period having begun,

      the Secretary of State shall make an order abolishing the deputy Ministerial office as soon as reasonably practicable after the end of that period.

      (7) A resolution of the Assembly under this section shall not be passed without the support of—

        (a) a majority of the members voting on the motion for the resolution;

        (b) a majority of the designated Nationalists voting; and

        (c) a majority of the designated Unionists voting.

        (a) is not to be supported by a deputy Minister (within the meaning of Part 3A of Schedule 4A); and

        (b) need not belong to the largest or the second largest political designation (within that meaning).

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

      (8) Schedule (Northern Ireland department with policing and justice functions) (Northern Ireland department with policing and justice functions) shall have effect.

      (9) In section 96 of the Northern Ireland Act 1998 (c. 47) (orders and regulations) in subsection (1), after “17(4),” insert “21C,”.’.


Duration of sections 20 to 39

Lembit Öpik
Mr Alan Reid

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 provision 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.’.


Powers of the Secretary of State with regard to conditions for devolving policing and justice matters

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

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 subsection (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
Dr Alasdair McDonnell
Mr Eddie McGrady

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
Dr Alasdair McDonnell
Mr Eddie McGrady

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.’.


Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

14

Page 1, line 2, leave out Clauses 1 to 6.

Mr Laurence Robertson

1

Page 1, line 5 [Clause 1], leave out ‘Director of Public Prosecutions for’ and insert ‘Lord Chief Justice of’.

Lembit Öpik
Mr Alan Reid

6

Page 1, line 8 [Clause 1], leave out ‘suspects’ and insert ‘believes, on the balance of probabilities,’.

Lembit Öpik
Mr Alan Reid

7

Page 1, line 9 [Clause 1], leave out ‘there is a risk’ and insert ‘it is likely’.

Lembit Öpik
Mr Alan Reid

8

Page 1, line 10 [Clause 1], leave out ‘might’ and insert ‘would’.

Mr Secretary Hain

32

Page 1, line 12 [Clause 1], leave out from ‘that’ to end of line 16 and insert ‘the defendant is, or is an associate (see subsection (10)) of, a person who—

        (a) is a member of a proscribed organisation (see subsection (11)), or

        (b) has at any time been a member of an organisation that was, at that time, a proscribed organisation.’.


Mr Secretary Hain

33

Page 2, line 15 [Clause 1], leave out subsection (9).

Lembit Öpik
Mr Alan Reid

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.’.

Mr Secretary Hain

34

Page 2, line 30 [Clause 1], at end insert—

      ‘(11) For the purposes of this section an organisation is a proscribed organisation, in relation to any time, if at that time—

        (a) it is (or was) proscribed (within the meaning given by section 11(4) of the Terrorism Act 2000 (c. 11)), and

        (b) its activities are (or were) connected with the affairs of Northern Ireland.’.

Lembit Öpik
Mr Alan Reid

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).’.


Mr Laurence Robertson

2

Page 5, line 16 [Clause 6], leave out ‘authority making them’ and insert ‘Lord Chief Justice of Northern Ireland’.

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

15

Page 5, line 24, leave out Clause 7.

Mr Laurence Robertson

3

Page 5, line 26 [Clause 7], leave out ‘Director of Public Prosecutions for’ and insert ‘Lord Chief Justice of’.

Mr Secretary Hain

29

Page 5, line 26 [Clause 7], after ‘decision’ insert ‘or purported decision’.

Mr Secretary Hain

30

Page 5, line 28 [Clause 7], at end insert ‘, except on the grounds of—

        (a) dishonesty,

        (b) bad faith, or

        (c) other exceptional circumstances.’.

Mr Secretary Hain

31

Page 5, line 29 [Clause 7], leave out subsections (2) and (3) and insert—

      ‘(2) Subsection (1) is subject to section 7(1) of the Human Rights Act 1998 (c. 42) (claim that public authority has infringed Convention right).’.

Mr Laurence Robertson

4

Page 5, line 30 [Clause 7], leave out ‘Director’ and insert ‘Lord Chief Justice of Northern Ireland’.

Mark Durkan
Dr Alasdair McDonnell
Mr Eddie McGrady

16

Page 5, line 35, leave out Clause 8.


Mr Secretary Hain

35

Page 8, line 1 [Clause 9], leave out ‘by’ and insert ‘to’.


 
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Prepared: 6 February 2007