Northern Ireland Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Northern Ireland Bill

Northern Ireland Bill
1

A
Bill
To
Make provision in relation to policing and justice in Northern Ireland; and to
amend section 86 of the Northern Ireland Act 1998.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1
Northern Ireland department with policing and justice functions
Schedule 1 (Northern Ireland department with policing and justice functions)
has effect.
2
Judicial appointments and removals
(1)
For sections 12 and 12B of the Judicature (Northern Ireland) Act 1978 (c. 23)
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substitute the sections 12 to 12C set out in Schedule 2.
(2)
The Justice (Northern Ireland) Act 2002 (c. 26) is amended as set out in
Schedule 3.
(3)
Schedule 4 (which transfers appointment and other related functions from the
Lord Chancellor to the Northern Ireland Judicial Appointments Commission
10
etc) has effect.
(4)
Schedule 5 (which contains consequential amendments and transitional
provision) has effect.
(5)
Schedule 6 (which makes provision for reviewing arrangements for judicial
appointments and removals etc) has effect.
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3
Miscellaneous amendments
(1)
In Article 26C(5) of the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141
(N.I. 6))—
(a)
for “Attorney General” substitute “relevant authority”, and

Bill 62
54/4

Northern Ireland Bill
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(b)
at the end insert “; and for this purpose “relevant authority” means—
(a)
in relation to cases in which national security or
terrorism is involved, the Advocate General for
Northern Ireland;
(b)
in relation to other cases, the Attorney General for
5
Northern Ireland.”
(2)
After section 30 of the Justice (Northern Ireland) Act 2002 (c. 26) insert—
“30A
Corporation sole etc
(1)
The Director of Public Prosecutions for Northern Ireland is a
corporation sole.
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(2)
The Director may do anything, apart from borrowing money, which is
calculated to facilitate the exercise of the Director’s functions or which
is incidental or conducive to the exercise of those functions.
(3)
An instrument or other document purporting to be signed or otherwise
executed by or on behalf of the Director is to be received in evidence
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and is, unless the contrary is proved, to be taken to be so signed or
executed.”
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Amendments to section 86 of the Northern Ireland Act 1998
(1)
Section 86 of the Northern Ireland Act 1998 (c. 47) is amended as follows.
(2)
In subsections (2)(a) and (3)(a) for “(whether by virtue of an Order under
20
section 4 or otherwise)” substitute “other than by virtue of an Order under
section 4”.
(3)
After subsection (3) insert—
“(3A)
An Order under subsection (1) in relation to an Order under section 4
may make provision doing any of the following—
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(a)
transferring to a United Kingdom authority, with effect from
any date specified in the Order under subsection (1), any
function which immediately before that date is exercisable by a
Northern Ireland authority;
(b)
transferring to a Northern Ireland authority, with effect from
30
any date specified in the Order under subsection (1), any
function which immediately before that date is exercisable by a
United Kingdom authority;
(c)
conferring a function on a United Kingdom authority or a
Northern Ireland authority;
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(d)
removing a function from a United Kingdom authority or a
Northern Ireland authority.”
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Final provisions
(1)
This Act may be cited as the Northern Ireland Act 2009.
(2)
An amendment or repeal contained in this Act has the same extent as the
40
enactment or instrument or relevant part of the enactment or instrument to
which the amendment or repeal relates.

Northern Ireland Bill
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(3)
The Secretary of State may by order made by statutory instrument make
supplementary, incidental or consequential provision for the purposes of, in
consequence of or for giving full effect to any provision of this Act.
(4)
An order under subsection (3) may contain—
(a)
provision amending any Act or Northern Ireland legislation or any
5
instrument made under an Act or Northern Ireland legislation;
(b)
transitory and transitional provision and savings.
(5)
A statutory instrument containing an order under subsection (3) may not be
made unless a draft of it has been laid before and approved by a resolution of
each House of Parliament.
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(6)
Subject to subsection (7), this Act comes into force on the day it is passed.
(7)
The following provisions come into force on the day appointed by the
Secretary of State by order made by statutory instrument—
(a)
section 2 and the Schedules mentioned in that section;
(b)
section 3(1);
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and different days may be appointed for different purposes.
(8)
The Secretary of State may by order made by statutory instrument make
transitory or transitional provision or savings in connection with the coming
into force of any provision of this Act.

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Northern Ireland Bill
Schedule 1 — Northern Ireland department with policing and justice functions
Part 2 — Amendments to the 1998 Act relating to departmental model for policing and justice functions

Schedules
Schedule 1
Section 1

Northern Ireland department with policing and justice functions
Part 1
Preliminary
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1
In this Schedule “the 1998 Act” means the Northern Ireland Act 1998 (c. 47).
2
For the purposes of paragraph 22 of Schedule 2 to the 1998 Act, treat this
Schedule as being contained in Part 3 of the 1998 Act.
Part 2
Amendments to the 1998 Act relating to departmental model for policing and
10
justice functions
3     (1)
Amend section 21A of the 1998 Act as follows.
      (2)
In subsections (1) and (6) after “(3)” insert “, (3A)”.
      (3)
After subsection (3) insert—
“(3A)
The Act may provide for the department to be in the charge of a
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Northern Ireland Minister appointed by virtue of a nomination—
(a)
made by one or more members of the Assembly, and
(b)
approved by a resolution of the Assembly passed with the
support of a majority of the members voting on the motion
for the resolution, a majority of the designated Nationalists
20
voting and a majority of the designated Unionists voting.”
4     (1)
Amend Schedule 4A to the 1998 Act as follows.
      (2)
At the end of the heading for Part 1 insert “by virtue of section 21A(3)”.
      (3)
After Part 1 insert—
“Part 1A
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Department in the charge of Minister approved by resolution of the
Assembly by virtue of section 21A(3A)
Introduction
3A    (1)
This Part of this Schedule has effect in relation to a Northern
Ireland department—
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Northern Ireland Bill
Schedule 1 — Northern Ireland department with policing and justice functions
Part 2 — Amendments to the 1998 Act relating to departmental model for policing and justice functions
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(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(3A), for it to be in the charge of a
Northern Ireland Minister (the “relevant Minister”)
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appointed by virtue of a nomination—
(i)
made by one or more members of the Assembly,
and
(ii)
approved by a resolution of the Assembly passed
with the support of a majority of the members
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voting on the motion for the resolution, a majority
of the designated Nationalists voting and a
majority of the designated Unionists voting.
      (2)
In this paragraph “devolved policing and justice function” has the
same meaning as in section 21A (see subsection (8) of that section).
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Modification of section 16A
3B    (1)
Section 16A(3) shall have effect with the following modifications.
      (2)
It shall have effect as if in paragraph (b) after “Ministers” there
were inserted “(other than the relevant Ministerial office (within
the meaning of Part 1A of Schedule 4A))”.
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      (3)
It shall have effect as if after paragraph (b) there were inserted “;
and
(c)
once the offices to be filled under paragraphs (a) and (b) have
been filled, the relevant Ministerial office (within the
meaning of Part 1A of Schedule 4A) shall be filled by
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applying paragraph 3D(4) to (8) of that Schedule”.
Section 18 not to apply to relevant Minister
3C
Section 18 (Northern Ireland Ministers) shall not apply in relation
to—
(a)
the relevant Minister, or
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(b)
the Ministerial office held by the relevant Minister (the
“relevant Ministerial office”),

and paragraph 3D shall apply instead.
Provisions relating to relevant Minister
3D    (1)
Where any of the following conditions is satisfied—
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(a)
the relevant Minister shall (if holding office at the time)
cease to hold office, and
(b)
the relevant Ministerial office shall be filled by applying
sub-paragraphs (4) to (8) within a period specified in
standing orders.
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      (2)
The conditions are—
(a)
a determination under section 17(1) takes effect;
(b)
a resolution which causes the relevant Ministerial office to
become vacant is passed under section 30(2);

Northern Ireland Bill
Schedule 1 — Northern Ireland department with policing and justice functions
Part 2 — Amendments to the 1998 Act relating to departmental model for policing and justice functions
6

(c)
a direction which causes the relevant Ministerial office to
become vacant is given under section 30A(5);
(d)
a period of exclusion under section 30(2) or 30A(5) comes
to an end (otherwise than by virtue of section 95A(6) or
(7));
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(e)
such other circumstances obtain as may be specified in
standing orders for the purposes of section 18(1)(e) but
only so far as standing orders provide for those
circumstances to be applicable for the purposes of this sub-
paragraph.
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      (3)
If relevant, the relevant Ministerial office shall be filled by
applying sub-paragraphs (4) to (8) after section 18(2) to (6) is
applied in relation to the other Ministerial offices.
      (4)
One or more members of the Assembly may nominate another
member of the Assembly to hold the relevant Ministerial office.
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      (5)
The nomination shall not take effect unless it is approved by a
resolution of the Assembly passed with 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
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(c)
a majority of the designated Unionists voting.
      (6)
Once one member has been nominated, no further nominations
may be made unless and until sub-paragraph (7) applies.
      (7)
If—
(a)
the nomination does not take effect within a period
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specified in standing orders, or
(b)
the nominated person does not take up the office for which
the person has been nominated within that period,

a further nomination of a member of the Assembly may be made
under sub-paragraph (4).
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      (8)
Sub-paragraphs (4) to (7) shall be applied as many times as may be
necessary to secure that the relevant Ministerial office is filled.
      (9)
The holding of office as First Minister or deputy First Minister
shall not prevent a person being nominated to hold the relevant
Ministerial office.
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     (10)
The relevant Minister shall not take up office until the Minister has
affirmed the terms of the pledge of office.
     (11)
The relevant Minister shall cease to hold office if—
(a)
the Minister resigns by notice in writing to the First
Minister and the deputy First Minister,
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(b)
the Minister ceases to be a member of the Assembly
otherwise than by virtue of a dissolution, or
(c)
the Assembly resolves that the Minister is to cease to hold
office.
     (12)
A resolution for the purposes of sub-paragraph (11)(c) must be
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passed with the support of—

Northern Ireland Bill
Schedule 1 — Northern Ireland department with policing and justice functions
Part 3 — Special provision applying to first policing and justice department
7

(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.
     (13)
A motion for a resolution for the purposes of sub-paragraph
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(11)(c) shall not be moved unless—
(a)
it is supported by at least 30 members of the Assembly, or
(b)
it is moved by the First Minister and the deputy First
Minister acting jointly.
     (14)
If the relevant Minister ceases to hold office at any time, otherwise
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than by virtue of sub-paragraph (1), the relevant Ministerial office
shall be filled by applying sub-paragraphs (4) to (8) within a
period specified in standing orders.
     (15)
Where—
(a)
the Assembly has resolved under section 30(2) that a
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political party does not enjoy its confidence, and
(b)
the party’s period of exclusion under that provision has
not come to an end,

no member of that party may be nominated under sub-paragraph
(4).
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     (16)
Where—
(a)
the Secretary of State has given a direction under section
30A(5) in respect of a political party, and
(b)
the party’s period of exclusion under that provision has
not come to an end,
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no member of that party may be nominated under sub-paragraph
(4).
     (17)
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
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extended.”
      (4)
In paragraph 12(1) after “21A(3),” insert “(3A),”.
      (5)
After paragraph 12 insert—
“13
Paragraphs 3(10), 3D(14), 7(10), 11(10) and (11) and 11E(10) of this
Schedule shall have effect subject to paragraphs 2 and 3 of
35
Schedule 12A (as those paragraphs are modified at any time by
virtue of paragraph 12 of this Schedule).”
Part 3
Special provision applying to first policing and justice department
Application
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5     (1)
Paragraphs 6 to 8 apply in relation to the first Northern Ireland department
established by an Act of the Northern Ireland Assembly the purpose of
which is to exercise functions consisting wholly or mainly of devolved
policing and justice functions (as defined in section 21A(8) of the 1998 Act).