New
Clause
45
Requests
from other member States: Northern
Ireland
‘(1) This section
applies where—
(a) the
competent authority or central authority of a member State other than
the United Kingdom gives the Lord
Chancellor—
(i) a
certificate requesting enforcement under the Framework Decision on
financial penalties, and
(ii)
the decision, or a certified copy of the decision, requiring payment of
the financial penalty to which the certificate relates,
and
(b) the financial penalty
is suitable for enforcement in Northern Ireland (see section
80(A1)).
(2) If the
certificate states that the person required to pay the financial
penalty is normally resident in Northern Ireland, the Lord Chancellor
must give the documents mentioned in subsection (1)(a) to the clerk of
petty sessions for the petty
sessions district in which it appears that the person is normally
resident. (3) Otherwise, the
Lord Chancellor must give the documents mentioned in subsection (1)(a)
to the clerk of petty sessions for such petty sessions district as
appears appropriate.
(4) Where
the Lord Chancellor acts under subsection (2) or (3), the Lord
Chancellor must also give the clerk of petty sessions a
notice—
(a) stating
whether the Lord Chancellor thinks that any of the grounds for refusal
apply (see section 80(1)),
and
(b) giving reasons for that
opinion.
(5) Where the person
required to pay the financial penalty is a body corporate, subsection
(2) applies as if the reference to the petty sessions district in which
it appears that the person is normally resident were a reference to the
petty sessions district in which it appears that the person has its
registered office.
(6)
Where—
(a) the competent
authority or central authority of a member State other than the United
Kingdom gives the central authority for Scotland the documents
mentioned in subsection (1),
and
(b) without taking any
action to enforce the financial penalty in Scotland, the central
authority for Scotland gives the documents to the Lord
Chancellor,
this section
applies as if the competent authority or central authority gave the
documents to the Lord Chancellor.’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
46
Procedure
on receipt of certificate by clerk of petty
sessions
‘(1) This section
applies where the Lord Chancellor gives the clerk of petty sessions for
a petty sessions district—
(a) a certificate requesting enforcement under the
Framework Decision on financial
penalties,
(b) the decision, or
a certified copy of the decision, requiring payment of the financial
penalty to which the certificate relates,
and
(c) a notice under section
(Requests from other member States: Northern
Ireland)(4).
(2) The clerk must
refer the matter to a magistrates’ court acting for the petty
sessions district.
(3) The
magistrates’ court must decide whether it is satisfied that any
of the grounds for refusal apply (see section
80(1)).
(4) The clerk must
inform the Lord Chancellor of the decision of the magistrates’
court.
(5) Subsection (6)
applies unless the magistrates’ court is satisfied that one or
more of the grounds for refusal
apply.
(6) Part 9 of the
Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.
1981/1675 (N.I.26)), and any instrument made under that Part, apply in
relation to the financial penalty as if it were a sum adjudged to be
paid by a conviction of the magistrates’ court on the date when
the court made the decision mentioned in subsection
(4).
(7) If the certificate
requesting enforcement under the Framework Decision on financial
penalties states that part of the financial penalty has been paid, the
reference in subsection (6) to the financial penalty is to be read as a
reference to such part of the penalty as remains
unpaid.’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
New Clause
47
Modification
of Magistrates’ Courts (Northern Ireland) Order
1981
‘(1) Part 9 of the
Magistrates’ Courts (Northern Ireland) Order 1981 (S.I 1981/1675
(N.I. 26) is modified as follows in its application to financial
penalties by virtue of section (Procedure on receipt of certificate by
clerk of petty sessions)(6)
above.
(2) Article 92 applies
in relation to any financial penalty for an amount exceeding
£20,000 as if for paragraph (5) there were
substituted—
“(5)
The period for which a person may be committed to prison under this
Article in default of payment or levy of any sum or part of such sum
shall not exceed the maximum period which the Crown Court could have
fixed under section 35(1)(c) of the Criminal Justice Act (Northern
Ireland) 1945 had the financial penalty been a fine imposed by the
Crown Court.”
(3) For
the purpose of determining whether a financial penalty specified in a
currency other than sterling is for an amount exceeding £20,000,
the exchange rate prevailing on the relevant date must be
used.
(4) In subsection (3),
the “relevant date” means the date on which the decision
imposing the financial penalty was
made.
(5) Article 95 applies as
if for the words from “he is residing” in paragraph (1)
to the end of that paragraph there were substituted “he is
residing, or has property or a source of income, in any local justice
area in England and
Wales—
(a) the court may
order that payment of the sum shall be enforceable in that local
justice area, and
(b) if such
an order is made, the court must notify the Lord Chancellor.”
’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
48
Transfer
of certificates to central authority for
Scotland
‘(1) This section
applies where—
(a) the
competent authority or central authority of a member State other than
the United Kingdom gives the Lord
Chancellor—
(i) a
certificate requesting enforcement under the Framework Decision on
financial penalties, and
(ii)
the decision, or a certified copy of the decision, requiring payment of
the financial penalty to which the certificate relates,
but
(b) the Lord Chancellor is
not required by section 78 or (Requests from other member States:
Northern Ireland) to give the documents to a designated officer for a
local justice area in England and Wales or to a clerk of petty sessions
for a petty sessions district in Northern
Ireland.
(2) If the certificate
states that the person is normally resident or has property or a source
of income in Scotland, the Lord Chancellor must give the documents to
the central authority for Scotland.’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
60
Contents
of an accused’s defence
statement
‘In section 6A(1)
of the Criminal Procedure and Investigations Act 1996 (c. 25) (contents
of defence statement), after “prosecution,” in paragraph
(c) insert—
“(ca)
setting out particulars of the matters of fact on which he intends to
rely for the purposes of his
defence,”.’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
5.30
pm
New
Clause
61
Appointment
etc. of Northern Ireland Commissioner for Prison
Complaints
‘(1) There shall
be a Commissioner, to be known as the Northern Ireland Commissioner for
Prison Complaints (referred to in this Part as “the
Commissioner”).
(2) The
main functions of the Commissioner
are—
(a)
dealing with eligible complaints (see
sections (Northern Ireland Commissioner for Prison Complaints:
eligible complaints: general) to (Northern Ireland Commissioner for
Prison Complaints: recommendations by
Commissioner);
(b)
investigating deaths falling within the deaths remit (see sections
(Northern Ireland Commissioner for Prison Complaints: investigations of
deaths) and (Northern Ireland Commissioner for Prison Complaints:
reports on the outcome of a death
investigation));
(c) carrying
out other investigations at the request of the Secretary of State (see
sections (Northern Ireland Commissioner for Prison Complaints:
investigations requested by the Secretary of State) and (Northern
Ireland Commissioner for Prison Complaints: reports on the outcome of
an investigation under section (Northern Ireland Commissioner for
Prison Complaints: investigations requested by the
Secretary of State)).
(3) The
functions of the Commissioner are performed on behalf of the
Crown.
(4) The Secretary of
State shall pay such sums towards the expenses of the Commissioner as
the Secretary of State may
determine.
(5) Schedule (The
Northern Ireland Commissioner for Prison Complaints) makes
further provision about the Commissioner.’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
62
Northern
Ireland Commissioner for Prison Complaints: eligible complaints:
general
‘(1) A complaint is
eligible for the purposes of this Part
if—
(a) it is about a
matter within the complaints
remit;
(b) the matter relates
to events which occurred on or after 2 May
2005;
(c) it is not ineligible
by virtue of section (Northern Ireland Commissioner for Prison
Complaints: eligible complaints: specific requirements applicable to
all complaints); and
(d) it is
made to the Commissioner by a person entitled to make
it.
(2) A matter is within the
complaints remit if it is of a description specified in Part 1 of
Schedule (The Northern Ireland Commissioner for Prison Complaints:
complaints remit) and is not an excluded
matter.
(3) In subsection (2)
“excluded matter”
means—
(a) a matter
specified under subsection (4);
(b) a matter to which subsection (5) applies;
or
(c) a health care matter
(see subsection (7)).
(4) The
Secretary of State may by order specify matters that are to be excluded
matters for the purposes of subsection
(2).
The matters so specified
may (without prejudice to the generality of the power) include
complaints relating to events occurring at any description of
applicable premises specified in the
order.
(5) This subsection
applies to any matter which has been
determined—
(a) by a court (whether at a trial or
otherwise);
(b) by a tribunal
specified in Schedule 1 to the Tribunals and Inquiries Act 1992 (c.
53);
(c) by the Secretary of
State or the Life Sentence Review Commissioners under the Life
Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564
(N.I.2));
(d) by the Secretary
of State or the Sentence Review Commissioners under the Northern
Ireland (Sentences) Act 1998
(c. 35);
(e) by the
Secretary of State under the Northern Ireland (Remission of Sentences)
Act 1995 (c. 47).
(6)
Nothing in subsection (5) affects the eligibility of a complaint about
the conduct of a person in connection with the provision of a report
for—
(a) a court or
tribunal, or
(b) the Secretary
of State, the Life Sentence Review Commissioners or
the Sentence Review Commissioners in connection with their functions
under any enactment mentioned in subsection (5)(c) to
(e).
(7) A health care matter
is a matter relating
to—
(a) action taken in
relation to general health services by a person mentioned in Article
8(3)(a) to (d) of the Commissioner for Complaints (Northern Ireland)
Order 1996 (S.I. 1996/1297 (N.I.7)),
or
(b) action taken in relation
to a service provided under arrangements with a health and social
services body or a general health services provider by a person
mentioned in Article 8A(3)(a) to (d) of that
Order.
(8) In subsection (7),
“action”, “general health services”,
“general health services provider” and “health and
social services body” have the same meaning as in that
Order.
(9) It is for the
Commissioner to determine procedures for the making of complaints (but
they must not preclude the making of oral
complaints).
(10) A person is
entitled to make a complaint if that
person—
(a) is the
relevant person in relation to the complaint;
or
(b) where the relevant
person is dead or unable to act, appears to the Commissioner to be an
appropriate person to make the
complaint.
(11) In this Part,
“the relevant person”, in relation to a complaint about a
matter within the complaints remit, is the person mentioned in the
relevant paragraph of Schedule (The Northern Ireland Commissioner for
Prison Complaints: complaints remit) as having been affected by that
matter.
(12) For the purpose of
determining whether a part of a complaint is eligible for the purposes
of this Part, any reference in this section (apart from subsection (9))
to a complaint may be read as including a reference to a part of a
complaint.’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
63
Northern
Ireland Commissioner for Prison Complaints: eligible complaints:
specific requirements applicable to all
complaints
‘(1) Subject to
subsection (3), a complaint is ineligible by virtue of this section if
the Commissioner is satisfied that any of the requirements specified in
subsection (2) has not been
met.
(2) Those requirements
are—
(a) that a period
of no more than one year has passed since the complainant first became
aware of the matters giving rise to the substance of the
complaint;
(b) that the
substance of the complaint has been communicated to the responsible
authority and it has had a reasonable opportunity to deal with it;
and
(c) where the responsible authority has responded to
the substance of the complaint following such a communication (whether
by rejecting it or by addressing it in some other way) that a period of
no more than three months has passed since it did
so.
(3) But the Commissioner
may—
(a) waive any
requirement specified in subsection (2),
or
(b) extend any period so
specified,
if satisfied that
there is good reason why that requirement or period should be waived or
extended in relation to the
complaint.
(4) In this section
“the responsible authority”, in relation to a complaint,
means the controlling authority appearing to the Commissioner to have
the most direct responsibility for the matters covered by the
complaint.
(5) For the purpose
of determining whether a part of a complaint is ineligible by virtue of
this section, any reference in this section to a complaint may be read
as including a reference to a part of a
complaint.’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
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