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Public Bill Committee Proceedings: 18th January 2007      

14

 

Justice and Security (Northern Ireland) Bill, continued

 
 

Lembit Öpik

 

Mr Alan Reid

 

Not called  53

 

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

 

‘( )    

section 19;’.

 

Clause Agreed to.

 

Clause 51 Agreed to.

 


 

NEW CLAUSES

 

Procedure for application under section 1

 

Lembit Öpik

 

Mr Alan Reid

 

Not called  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

 

Negatived on division  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.


 
 

Public Bill Committee Proceedings: 18th January 2007      

15

 

Justice and Security (Northern Ireland) Bill, continued

 
 

(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

 

Not selected  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.’.

 



 
 

Public Bill Committee Proceedings: 18th January 2007      

16

 

Justice and Security (Northern Ireland) Bill, continued

 
 

Repeal of conditions for the devolution of justice

 

Mark Durkan

 

Dr Alasdair McDonnell

 

Mr Eddie McGrady

 

Negatived on division  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

 

Not moved  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.’.

 

Bill to be reported.

 


 
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