House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

77

House of Commons

Tuesday 6th February 2007

Report Stage Proceedings

Justice and Security (Northern Ireland) Bill

NEW CLAUSES

Northern Ireland department with policing and justice functions

Mr Secretary Hain

Added  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—

“(5A)
The Act may provide—

(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;

Report Stage Proceedings: 6th February 2007
78

Justice and Security (Northern Ireland) Bill, continued

(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;

Report Stage Proceedings: 6th February 2007
79

Justice and Security (Northern Ireland) Bill, continued

(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.

(4)
If before the end of the period of three years beginning with the time of

devolution (“the initial period”) the Assembly resolves that the deputy

Ministerial office should be abolished at a time specified in the resolution

(before the end of the initial period), the Secretary of State shall make an

order abolishing the deputy Ministerial office (see subsection (9)) at, or

as soon as reasonably practicable after, the time specified.

(5)
If—

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

Report Stage Proceedings: 6th February 2007
80

Justice and Security (Northern Ireland) Bill, continued

(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.

(8)
In this section “deputy Ministerial office” has the same meaning as in

Part 3A of Schedule 4A.

(9)
In this section references to an order abolishing the deputy Ministerial

office are to an order amending this Act and any other enactment so far

as may be necessary to secure that the Northern Ireland Minister in

charge of the department for the time being—

(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

Not selected  NC1

To move the following Clause:—

Report Stage Proceedings: 6th February 2007
81

Justice and Security (Northern Ireland) Bill, continued

‘(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

Not called  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.

Report Stage Proceedings: 6th February 2007
82

Justice and Security (Northern Ireland) Bill, continued

      (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

Not selected  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.”.’.

Report Stage Proceedings: 6th February 2007
83

Justice and Security (Northern Ireland) Bill, continued

Primacy in intelligence gathering

Mark Durkan

Dr Alasdair McDonnell

Mr Eddie McGrady

Not called  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

Not selected  14

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

Mr Laurence Robertson

Not selected  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

Not selected  6

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

of probabilities,’.

Lembit Öpik

Mr Alan Reid

Not selected  7

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

Lembit Öpik

Mr Alan Reid

Not selected  8

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