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| Tuesday 6th February 2007 |
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| Justice and Security (Northern Ireland) Bill
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| | Northern Ireland department with policing and justice functions |
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| To move the following Clause:— |
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| | ‘(1) | In section 17 of the Northern Ireland (Miscellaneous Provisions) Act 2006 |
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| | (c. 33), the inserted section 21A of the Northern Ireland Act 1998 (c. 47) |
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| | (Northern Ireland department with policing and justice functions) is amended as |
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| | (2) | For subsections (1) and (2) substitute— |
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| | “(1) | An Act of the Assembly that— |
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| | (a) | establishes a new Northern Ireland department; and |
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| | (b) | provides that the purpose of the department is to exercise |
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| | functions consisting wholly or mainly of devolved policing and |
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| | | may (but need not) make provision of the kind mentioned in subsection |
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| | (3) | After subsection (5) insert— |
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| | “(5A) | The Act may provide— |
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| | (a) | for the department to be in the charge of a Northern Ireland |
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| | Minister elected by the Assembly; and |
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| | (b) | for that Minister to be supported by a deputy Minister elected by |
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| | (a) | for “and (5)” substitute “, (5) and (5A)”; |
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| | (b) | at the end insert “, or by Order in Council under subsection (7C)”. |
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| | (5) | After subsection (7) insert— |
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| | “(7A) | If it appears to the Secretary of State that there is no reasonable prospect |
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| | that the Assembly will pass an Act of the kind described in subsection |
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| | (1)(a) and (b), he may lay before Parliament the draft of an Order in |
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| | (a) | establishes a new Northern Ireland department; |
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| | (b) | provides that the purpose of the department is to exercise |
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| | functions consisting wholly or mainly of devolved policing and |
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| | (c) | provides for the department to be in the charge of a Northern |
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| | Ireland Minister elected by the Assembly and for that Minister to |
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| | be supported by a deputy Minister elected by the Assembly; and |
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| | (d) | provides for Part 3A of Schedule 4A to apply in relation to the |
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| | department (with any necessary modifications). |
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| | (7B) | The draft of an Order laid before Parliament under subsection (7A) may |
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| | contain supplementary, incidental, consequential, transitional or saving |
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| | (7C) | If the draft of an Order laid before Parliament under subsection (7A) is |
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| | approved by resolution of each House of Parliament, the Secretary of |
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| | State shall submit it to Her Majesty in Council and Her Majesty in |
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| | Council may make the Order. |
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| | (7D) | No more than one department may be established by virtue of an Order |
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| | (6) | After section 21A of the Northern Ireland Act 1998 (c. 47) insert— |
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| | “21B | Section 21A(5A): transitional provision |
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| | (1) | This section has effect in relation to— |
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| | (a) | the first Act of the Assembly to establish a new Northern Ireland |
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| | department and to make provision of the kind mentioned in |
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| | (b) | an Order in Council under section 21A(7C) establishing a new |
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| | Northern Ireland department. |
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| | (2) | The Act or the Order may include provision for or in connection with |
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| | securing that the department is to be treated, for the purposes of section |
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| | 17, as not having been established until the time at which devolved |
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| | policing and justice functions are first transferred to, or conferred on, the |
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| | department (“the time of devolution”). |
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| | (3) | The Act or the Order may include provision for or in connection with |
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| | applying paragraph 11E(3) to (6) of Schedule 4A (with any necessary |
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| | modifications) to enable elections to be held, before the time of |
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| | (a) | a member of the Assembly (“the relevant Minister designate”) to |
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| | be the person who is to hold the relevant Ministerial office as |
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| | from the time of devolution; and |
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| | (b) | a member of the Assembly (“the deputy Minister designate”) to |
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| | be the person who is to hold the deputy Ministerial office as from |
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| | (4) | Where the Act or the Order includes provision by virtue of subsection (3), |
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| | it shall secure that (notwithstanding paragraph 11E(1) of Schedule 4A)— |
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| | (a) | if the relevant Minister designate affirms the terms of the pledge |
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| | of office within a specified period after the time of devolution, he |
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| | shall become the relevant Minister; |
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| | (b) | if the deputy Minister designate affirms the terms of the pledge |
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| | of office within that period, he shall (subject to paragraph (c)) |
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| | become the deputy Minister; |
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| | (c) | if the relevant Minister designate does not affirm the terms of the |
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| | pledge of office within that period— |
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| | (i) | he shall not become the relevant Minister, and |
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| | (ii) | paragraph 11E(10) and (11) of Schedule 4A shall apply |
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| | as if the relevant Minister had ceased to hold office at the |
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| | end of that period otherwise than by virtue of section |
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| | (d) | if the deputy Minister designate does not affirm the terms of the |
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| | pledge of office within that period— |
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| | (i) | he shall not become the deputy Minister, and |
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| | (ii) | paragraph 11E(10) of Schedule 4A shall apply as if the |
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| | deputy Minister had ceased to hold office at the end of |
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| | that period otherwise than by virtue of section 16A(2). |
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| | (5) | In this section “devolved policing and justice function” has the same |
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| | meaning as in section 21A (see subsection (8) of that section). |
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| | (6) | In this section “relevant Minister”, “relevant Ministerial office”, “deputy |
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| | Minister” and “deputy Ministerial office” have the same meaning as in |
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| | (7) | After section 21B of the Northern Ireland Act 1998 (c. 47) insert— |
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| | “21C | Section 21A(5A): power of Assembly to secure retention or abolition |
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| | of deputy Ministerial office |
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| | (1) | This section applies if a new Northern Ireland department is |
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| | (a) | by an Act of the Assembly which makes provision of the kind |
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| | mentioned in section 21A(5A); or |
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| | (b) | by an Order in Council under section 21A(7C). |
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| | (2) | Standing orders shall require the committee established by virtue of |
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| | section 29A to consider the operation of the Ministerial arrangements |
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| | provided for by Part 3A of Schedule 4A. |
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| | (3) | The committee shall, by no later than two years and ten months after the |
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| | time at which devolved policing and justice functions are first transferred |
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| | to, or conferred on, the department (“the time of devolution”), make a |
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| | report on the operation of the Ministerial arrangements provided for by |
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| | (b) | to the Executive Committee, |
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| | | and the report must include a recommendation as to whether or not the |
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| | deputy Ministerial office (see subsection (8)) should be retained. |
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| | (4) | If before the end of the period of three years beginning with the time of |
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| | devolution (“the initial period”) the Assembly resolves that the deputy |
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| | Ministerial office should be abolished at a time specified in the resolution |
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| | (before the end of the initial period), the Secretary of State shall make an |
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| | order abolishing the deputy Ministerial office (see subsection (9)) at, or |
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| | as soon as reasonably practicable after, the time specified. |
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| | (a) | subsection (4) does not apply; and |
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| | (b) | the Assembly does not resolve, before the end of the initial |
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| | period, that the deputy Ministerial office should be retained for |
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| | an additional period ending after the initial period, |
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| | | the Secretary of State shall make an order abolishing the deputy |
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| | Ministerial office as soon as reasonably practicable after the end of the |
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| | (a) | subsection (4) does not apply; |
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| | (b) | the Assembly resolves that the deputy Ministerial office should |
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| | be retained for an additional period ending after the initial period |
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| | or for one or more further additional periods; and |
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| | (c) | one of those additional periods ends without a further additional |
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| | | the Secretary of State shall make an order abolishing the deputy |
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| | Ministerial office as soon as reasonably practicable after the end of that |
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| | (7) | A resolution of the Assembly under this section shall not be passed |
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| | (a) | a majority of the members voting on the motion for the |
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| | (b) | a majority of the designated Nationalists voting; and |
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| | (c) | a majority of the designated Unionists voting. |
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| | (8) | In this section “deputy Ministerial office” has the same meaning as in |
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| | (9) | In this section references to an order abolishing the deputy Ministerial |
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| | office are to an order amending this Act and any other enactment so far |
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| | as may be necessary to secure that the Northern Ireland Minister in |
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| | charge of the department for the time being— |
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| | (a) | is not to be supported by a deputy Minister (within the meaning |
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| | of Part 3A of Schedule 4A); and |
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| | (b) | need not belong to the largest or the second largest political |
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| | designation (within that meaning). |
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| | (10) | An order under this section may contain supplementary, incidental, |
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| | consequential, transitional or saving provision.” |
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| | (8) | Schedule (Northern Ireland department with policing and justice functions) |
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| | (Northern Ireland department with policing and justice functions) shall have |
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| | (9) | In section 96 of the Northern Ireland Act 1998 (c. 47) (orders and regulations) in |
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| | subsection (1), after “17(4),” insert “21C,”.’. |
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| | Duration of sections 20 to 39 |
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| To move the following Clause:— |
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| | ‘(1) | Sections 20 to 39 shall (subject to subsection (2)) cease to have effect at the end |
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| | of the period of one year beginning with the day on which it is brought into force. |
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| | (2) | The Secretary of State may by order provide— |
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| | (a) | that a provision of sections 20 to 39 which is in force (whether or not by |
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| | virtue of this subsection) shall continue in force for a specified period not |
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| | (b) | that a provision of sections 20 to 39 shall cease to have effect; |
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| | (c) | that a provision of sections 20 to 39 which is not in force (whether or not |
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| | by virtue of this subsection) shall come into force and remain in force for |
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| | a period not exceeding 12 months. |
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| | (3) | No order may be made under this section unless a draft of it has been laid before |
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| | Parliament and approved by a resolution of each House.’. |
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| | Powers of the Secretary of State with regard to conditions for devolving policing and |
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| To move the following Clause:— |
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| | ‘After section 4 of the Northern Ireland Act, 1998 (c. 47), insert— |
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| | “4A(1) | If by 1st May 2008 no resolution has been passed by the Assembly of |
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| | the type referred to in section 4(2A), then, notwithstanding anything |
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| | in section 4(2) or (2A), the Secretary of State may lay before |
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| | Parliament the draft of an Order in Council amending Schedule 3 so |
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| | that devolved policing and justice matters cease to be reserved matters |
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| | with effect from such date as may be specified in the Order. |
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| | (2) | If the draft of an Order laid before Parliament under subsection (1) is |
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| | approved by resolution of each House of Parliament, the Secretary of |
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| | State shall submit it to Her Majesty in Council and Her Majesty in |
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| | Council may make the Order. |
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| | (3) | An Order made under this section— |
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| | (a) | must confer all functions with regard to devolved policing and |
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| | justice matters on the Northern Ireland department referred to |
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| | in section 21(3) of this Act, if established by Act of the |
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| | (b) | must establish a new Northern Ireland department in the |
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| | charge of the First Minister and Deputy First Minister acting |
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| | jointly, if not already established by Act of the Assembly; |
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| | (c) | may make such modifications of enactments as appear to the |
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| | Secretary of State to be necessary or expedient in consequence |
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| | of the transfer of devolved policing and justice matters; and |
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| | (d) | may make such consequential, supplemental or transitional |
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| | provision as appears to the Secretary of State to be necessary |
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| | (4) | Nothing in this section prejudices the operation of Part III of this Act |
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| | and the Assembly may amend or revoke an Order made under this |
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| | (5) | In this section “devolved policing and justice matter” has the same |
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| | meaning as in section 4.”.’. |
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| | Complaints and misconduct (the Security Service in Northern Ireland) |
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| To move the following Clause:— |
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| | ‘(1) | In the Police (Northern Ireland) Act 1998 (c. 32)— |
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| | (a) | after section 60ZA insert— |
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| | “60ZB | The Security Service |
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| | (1) | An agreement for the establishment in relation to members of the |
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| | staff of the Security Service of procedures corresponding or |
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| | similar to any of those established by virtue of this Part may, with |
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| | the approval of the Secretary of State, be made between the |
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| | Ombudsman and the Security Service. |
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| | (2) | Where no such procedures are in force in relation to the Security |
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| | Service, the Secretary of State may by order establish such |
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| | (3) | An agreement under this section may at any time be varied or |
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| | terminated with the approval of the Secretary of State. |
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| | (4) | Before making an order under this section the Secretary of State |
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| | (b) | the Security Service. |
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| | (5) | Nothing in any other statutory provision shall prevent the |
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| | Security Service from carrying into effect procedures established |
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| | by virtue of this section. |
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| | (6) | No such procedures shall have effect in relation to anything done |
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| | by a member of the staff of the Security Service outside Northern |
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| | Ireland, or in relation to terrorism not connected with the affairs |
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| | of Northern Ireland.”; and |
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| | (b) | in section 61(5) (reports), at the end of paragraph (c) insert “; and |
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| | (d) | if the report concerns the Security Service, to the |
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| | Primacy in intelligence gathering |
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| To move the following Clause:— |
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| | ‘(1) | The Police Service of Northern Ireland shall retain primacy in matters of |
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| | intelligence gathering in Northern Ireland. |
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| | (2) | For the purposes of subsection (1), “primacy in matters of intelligence gathering |
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| | in Northern Ireland” shall include in particular lead responsibility in Northern |
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| | (a) | strategic assessment of intelligence needs; |
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| | (b) | overall assessment of intelligence gathered; |
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| | (c) | appropriate dissemination of intelligence gathered; |
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| | (d) | recruitment, conduct and use of covert human intelligence sources; |
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| | (e) | interception of communications; and |
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| | (f) | deployment of directed and intrusive surveillance |
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| | | in matters connected with the affairs of Northern Ireland. |
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| | (3) | Sub-section (1) applies whether or not the intelligence concerned relates or may |
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| | relate to national security.’. |
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| Page 1, line 2, leave out Clauses 1 to 6. |
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| Page 1, line 5 [Clause 1], leave out ‘Director of Public Prosecutions for’ and insert |
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| Page 1, line 8 [Clause 1], leave out ‘suspects’ and insert ‘believes, on the balance |
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| Page 1, line 9 [Clause 1], leave out ‘there is a risk’ and insert ‘it is likely’. |
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| Page 1, line 10 [Clause 1], leave out ‘might’ and insert ‘would’. |
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