Previous Section | Index | Home Page |
Part 3A
Department in the charge of Minister and deputy Minister
11A (1) This Part of this Schedule has effect in relation to a Northern Ireland department
(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)
(i) for it to be in the charge of a Northern Ireland Minister (the relevant Minister) elected by the Assembly, and
(ii) for that Minister to be supported by a deputy Minister (the deputy Minister) elected by the Assembly.
(2) In this paragraph devolved policing and justice function has the same meaning as in section 21A (see subsection (8) of that section).
11B (1) Section 16A shall have effect subject to the following modifications.
(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
(b) the Ministerial office held by the relevant Minister (the relevant Ministerial office),
and paragraphs 11E to 11G shall apply instead.
(2) The references to Ministerial offices in subsection (1)(c) and (d) of section 18 shall be taken to include the relevant Ministerial office.
(3) In the application of section 18(5) to a political party which is entitled to two or more Ministerial offices, the reference to Ministerial offices (in the definition of M)
(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.
(5) For the purposes of this paragraph, a political party is entitled to two or more Ministerial offices if the nominating officer of the party would be entitled to nominate persons to hold two or more Ministerial offices under section 18, assuming that
(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
(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.
(2) The functions exercisable by virtue of the deputy Ministerial office shall be those determined in relation to that office by the relevant Minister and the deputy Minister acting jointly.
(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
(b) before the procedures specified in any determination under section 19 are applied in relation to the junior Ministerial offices.
(3) Any member of the Assembly may stand as a candidate for election as
(4) But a member of the Assembly may not stand for election to either of those offices unless
(a) he belongs to the largest or the second largest political designation (see paragraph 11H);
(b) he is nominated by another member of the Assembly; and
(c) if he is a member of a political party, the nominating officer of the party consents to his nomination within a period specified in standing orders.
(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.
(8) If a person elected to either office does not take up the office within a period specified in standing orders, his election shall be deemed to be ineffective.
(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;
(c) where consent to his nomination was required under sub-paragraph (4)(c), he is dismissed by the nominating officer who consented (or that officers successor) and the Presiding Officer is notified of his dismissal.
(10) If the relevant Minister or the deputy Minister ceases to hold office at any time, otherwise than by virtue of section 16A(2), the office shall be filled by applying sub-paragraphs (3) to (8) within a period specified in standing orders.
(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.
(a) the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and
(b) the partys 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).
(a) the Secretary of State has given a direction under section 30A(5) in respect of a political party; and
(b) the partys 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
11G (1) If, as a result of the relevant Minister (the former Minister) ceasing to hold office and the relevant Ministerial office being filled by virtue of this Part of this Schedule,
(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).
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).. [Mr. Hanson.]Brought up, read the First and Second time, and added to the Bill.
Mr. Hanson: I beg to move, That the Bill be now read the Third time.
I begin by thanking the Under-Secretary of State for Northern Ireland, my hon. Friend the Member for Wythenshawe and Sale, East (Paul Goggins), for his sterling work in Committee. I managed to escape the Committee completely, but my hon. Friend, and the Under-Secretary of State for Constitutional Affairs, my hon. Friend the Member for Lewisham, East (Bridget Prentice), who joined the Committee, worked hard. I also thank the Committee members who are present in the House today for their contributions to the Bill.
The purpose of this Bill is straightforward. It ensures we can continue to build on justice and security for the people of Northern Ireland. It has been evident tonight in the debate that all hon. Members recognise that during the past two years there have been significant changes in Northern Ireland, and it is in that context that the Bill comes before the House tonight.
The IRAs war has been declared over. The Independent Monitoring Commission has confirmed that the IRAs guns and bombs have gone, and that the organisation is winding down. The final arbiter, which is positive for democracy, is the ballot box not the bullet. Sinn Fein has bought into policing, as it has been asked to do; it has actively encouraged republicans to co-operate with the PSNI in solving crime, as it has been asked to do; and it has now encouraged young republicans to consider joining the PSNI, as it was asked to do.
The pillar of support for policing is now in place, and the ard fheis a couple of weeks ago has brought a great new dawn for Northern Ireland. The pillar of power sharing must now go alongside that. We have got
to the point for local politicians where the process outside office must end and the progress in office can begin on 26 March 2007.
An election has been called for 7 March. We will have that election and an outcome to it, and I hope that an Executive will be formed on 26 March. No one should be in any doubt that it must be formed on 26 March. That is the date set down in the St Andrews agreement and that is the date in the Northern Ireland (St Andrews Agreement) Act 2006. It will not change and, dare I say it, anyone who is basing their political strategy on pushing devolution beyond 26 March or trying to stop devolution altogether will find that they will be left behind. If the Executive is not formed on 26 March 2007, the Assembly will dissolve and the world will move on, and everything that has been done to dateI pay tribute to those Members who have worked hard to bring us to this pointwill be lost as a result of that failure.
The Northern Ireland of 2007 is not the Northern Ireland of 1977. We can now move forward to the day when the devolution process is complete. With that comes the potential real challenge of the devolution of policing and justice powers. The Government strongly believe that that should be achieved by May 2008. We have had a discussion today about the processes, and I do not need to repeat those comments now. But I believe strongly that all that has happened since the ard fheis a couple of weeks ago has reinforced the view that Sinn Fein can now deliver on policing and that we need to ensure that by May 2008 we look at the devolution of policing and justice powers.
Provided that Sinn Fein continues to follow through on its clear commitment for policing and the courts, in the terms set out in paragraph 6 of the St Andrews agreement, and enshrined in the ministerial pledge of office that I hope Ministers will take on 26 March, there is no reason why the devolution of criminal justice powers cannot be achieved by May 2008.
As hon. Members have said, particularly in Committee, a paramilitary threat still persists. It is clear that dissident republicans and some loyalists remain determined to undermine democracy, peace and stability. Organised criminals still seek to exploit businesses and generate funds for paramilitary organisations through illegal means. There is still illegal activity, and there is still a severe dissident threat. We cannot leave the people of Northern Ireland vulnerable to such activity and crime, which is the prime reason for the Bill tonight. The House should be in no doubt that the safety and security of the citizens of Northern Ireland remains the Governments first and overriding priority.
The Bill ensures that justice can be delivered through a fair trial. The Under-Secretary of State for Northern Ireland took through Committee reforms to the jury system, which will help to minimise the risk of a perverse verdict. Howeverthis has been discussed this eveninghon. Members know that the risk remains, due to paramilitary and, indeed, community pressure on jurors, of difficulties with juries. The new system of non-jury trial will help to counter that risk to the administration of justice based on a defined statutory test, which we have discussed this evening.
The Bill will also ensure the security of the people of Northern Ireland. It provides the police and the military, which have had a historical role in supporting
the security of the people of Northern Ireland and which will continue to provide protection to the people of Northern Ireland, with the necessary tools to do the job. Northern Ireland continues to be a unique operating environment for the police and the Army, and I am satisfied that the powers in the Bill are the minimum necessary for them to do their job properly.
We have touched on the human rights issues, which are at the heart of the Governments vision for Northern Ireland as it moves forward to normalisation. The Northern Ireland Human Rights Commission plays a key role in protecting and promoting human rights, and the Bill and the measures that we discussed on Report include important provisions to ensure that the commission can carry out its duties more effectively.
I want to thank all those involved in the proceedings of the Bill. I thank the officials, who have worked tirelessly over many months to bring the Bill to its state today, and the Under-Secretary, members of the Committee and hon. Members who spoke on Report. I thank those hon. Members who joined the debate in the House tonight and pay tribute to them for the constructive way in which they contributed to the debate.
The Committee speedily deliberated on the Billmembers of the Committee required only half the allocated time to consider it. I am encouraged by that and believe it to be a testament to the necessity of this Bill in the context of a normalised Northern Ireland. The Government will reflect on some of the points raised on Report before the Bill enters another place, which will happen shortly. I am confident that the security normalisation programme, the recognition that Northern Ireland is changing for the better and the potential for the devolution of policing and criminal justice when Sinn Fein takes its roles on the Policing Board, which I hope that it will do in future, and works with the community to support policing in Northern Ireland will make the Bill a valuable addition for the people of Northern Ireland.
I commend the Bill to the House.
Mr. Laurence Robertson: I begin by thanking my team who worked in Committee. In particular, I thank my hon. Friend the Member for Wellingborough (Mr. Bone), who, as the Minister said earlier, hardly missed a minute and made a number of valuable contributions. I also thank the Ministers and their officials for the way in which they have always been prepared to discuss outside the Chamber aspects of the Bill. That has been very useful, and I hope that it has led to a more informed debate than might otherwise have been the case.
I want to echo what the Minister has just said: I hope that the Executive can be formed. We have spent many hours discussing Northern Ireland issues upstairs as a function of statutory instruments, which are not amendable and which we must take or leave. That is not the best way to run Northern Ireland, and I hope that the process comes to an end. I represent an English seat and visit Northern Ireland as much as I can, but I cannot possibly have the same knowledge or feel for the issues as people in Northern Ireland, so I hope that progress can be made.
Next Section | Index | Home Page |