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Northern Ireland Bill


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

8

 

      (2)  

But—

(a)   

they apply only if that Act of the Assembly makes provision of the

kind mentioned in section 21A(3A) of the 1998 Act (“the initial

ministerial provision”), and

(b)   

they are not to apply at all if an Order in Council has been made

5

under section 21A(7C) of the 1998 Act.

Section 18(1)(b) of the 1998 Act not to apply on establishment of department

6          

Section 18(1)(b) of the 1998 Act does not apply to the determination under

section 17(1) of the 1998 Act required by virtue of section 17(2) in relation to

the establishment of the department.

10

Filling of Ministerial office after election

7     (1)  

This paragraph applies before 1 May 2012.

      (2)  

For the purposes of section 16A(3) of the 1998 Act the relevant Ministerial

office (within the meaning of Part 1A of Schedule 4A to the 1998 Act) may be

filled after the end of the period mentioned.

15

      (3)  

Accordingly—

(a)   

section 16A(8) of the 1998 Act does not apply to a person taking up

office as the relevant Minister (within the meaning of Part 1A of

Schedule 4A to the 1998 Act), and

(b)   

section 32(3)(a) of the 1998 Act applies as if the reference to the

20

Ministerial offices to be held by Northern Ireland Ministers excluded

the relevant Ministerial office.

Dissolution of department etc

8     (1)  

The department dissolves on 1 May 2012 unless, before 1 May 2012—

(a)   

the Assembly resolves that the department is to continue operating

25

from 1 May 2012, or

(b)   

a second Act of the Assembly (“the second Act”) makes provision

authorised by sub-paragraph (3).

      (2)  

A resolution for the purposes of sub-paragraph (1)(a) must be passed with

cross-community support (as defined in section 4(5) of the 1998 Act).

30

      (3)  

The second Act may provide that the department is to continue operating

from 1 May 2012.

      (4)  

The second Act may repeal the initial ministerial provision with effect from

a specified date.

      (5)  

If the second Act repeals the initial ministerial provision, it may also—

35

(a)   

replace the initial ministerial provision with provision of the kind

mentioned in section 21A(3), (4), (5) or (5A) of the 1998 Act with

effect from the specified date (and the relevant provisions of

Schedule 4A to the 1998 Act apply), or

(b)   

provide for the department to be in the charge of the First Minister

40

and the deputy First Minister acting jointly with effect from the

specified date (and section 21(3)(a) and (b) of the 1998 Act apply);

 
 

Northern Ireland Bill
Schedule 2 — Sections 12 to 12C of the Judicature (Northern Ireland) Act 1978

9

 

           

and if no provision is made within paragraph (a) or (b), the Ministerial office

of the Minister in charge of the department is to be filled under section 18 of

the 1998 Act.

      (6)  

If the second Act repeals the initial ministerial provision, a determination

under section 17(1) of the 1998 Act must be made on the specified date.

5

      (7)  

That determination takes effect immediately (and, accordingly, section 17(5)

of the 1998 Act does not apply in relation to it).

      (8)  

If the second Act replaces the initial ministerial provision with provision of

the kind mentioned in section 21A(5A) of the 1998 Act, paragraph 11E(1) of

Schedule 4A to the 1998 Act applies as if devolved policing and justice

10

functions were first transferred to, or conferred on, the department when the

determination required by sub-paragraph (6) takes effect in accordance with

sub-paragraph (7).

      (9)  

Nothing in this paragraph stops an Act of the Assembly dissolving the

department at any time.

15

Amendments to sections 21B and 21C of the 1998 Act

9          

In section 21B(1)(a) of the 1998 Act for “and to make” to “21A(5A)” substitute

“the purpose of which is to exercise functions consisting wholly or mainly of

devolved policing and justice functions but only if the Act makes provision

of the kind mentioned in section 21A(5A) (other than by virtue of paragraph

20

8(5) of Schedule 1 to the Northern Ireland Act 2009)”.

10         

In section 21C(1) of the 1998 Act—

(a)   

for “a new Northern Ireland department” substitute “the first

Northern Ireland department the purpose of which is to exercise

functions consisting wholly or mainly of devolved policing and

25

justice functions (as defined in section 21A(8))”;

(b)   

in paragraph (a) after “21A(5A)” insert “(other than by virtue of

paragraph 8(5) of Schedule 1 to the Northern Ireland Act 2009)”.

Schedule 2

Section 2

 

Sections 12 to 12C of the Judicature (Northern Ireland) Act 1978

30

12      

Appointment of the Lord Chief Justice and Lords Justices of Appeal

(1)   

Whenever the office of Lord Chief Justice is vacant, Her Majesty may

appoint a qualified person to that office by letters patent under the

Great Seal of Northern Ireland.

(2)   

Her Majesty may, from time to time, appoint a qualified person as a

35

Lord Justice of Appeal by letters patent under the Great Seal of

Northern Ireland (but subject to the limit on numbers for the time

being imposed by section 3).

(3)   

Her Majesty’s powers of appointment under this section are

exercisable on the Prime Minister’s recommendation.

40

(4)   

The Prime Minister must make a recommendation to fill any vacancy

in the office of Lord Chief Justice or Lord Justice of Appeal.

 
 

Northern Ireland Bill
Schedule 2 — Sections 12 to 12C of the Judicature (Northern Ireland) Act 1978

10

 

(5)   

Subsection (4) does not apply to a vacancy in the office of Lord Justice

of Appeal while the Lord Chief Justice agrees that it may remain

unfilled.

(6)   

Before making a recommendation, the Prime Minister must

consult—

5

(a)   

the Lord Chief Justice or, if that office is vacant or the Lord

Chief Justice is not available, the senior Lord Justice of

Appeal who is available, and

(b)   

the Northern Ireland Judicial Appointments Commission.

12A     

Appointment of judges of the High Court

10

Her Majesty may, from time to time, appoint a qualified person as a

judge of the High Court by letters patent under the Great Seal of

Northern Ireland (but subject to the limit on numbers for the time

being imposed by section 2).

12B     

Tenure of office: Lord Chief Justice

15

(1)   

The Lord Chief Justice holds office during good behaviour (subject to

section 26 of, and Schedule 7 to, the Judicial Pensions and Retirement

Act 1993).

(2)   

Her Majesty may, on an address of both Houses of Parliament,

remove a person (“P”) from office as Lord Chief Justice.

20

(3)   

A motion for such an address may be made—

(a)   

in the House of Commons, only by the Prime Minister;

(b)   

in the House of Lords, only by the Lord Chancellor or, if the

Lord Chancellor is not a member of that House, only by

another Minister of the Crown at the Lord Chancellor’s

25

request.

(4)   

No motion is to be made for the purposes of subsection (3) unless—

(a)   

the Prime Minister has, after consulting the Lord Chancellor,

convened a tribunal as set out below, and

(b)   

the tribunal has reported to the Prime Minister

30

recommending that P be removed from the office on the

ground of misbehaviour.

(5)   

No motion is to be made in the House of Commons for the purposes

of subsection (3) unless the Prime Minister has laid a copy of the

tribunal’s report before that House.

35

(6)   

No motion is to be made in the House of Lords for the purposes of

subsection (3) unless the person making it has laid a copy of the

tribunal’s report before that House.

(7)   

If the Prime Minister and the Lord Chancellor are considering the

making of motions for the purposes of subsection (3), the Prime

40

Minister may suspend P from the office.

(8)   

If P is suspended, P may not carry out any functions of the office (but

P’s other rights as holder of the office are unaffected).

(9)   

A tribunal is to consist of—

 
 

Northern Ireland Bill
Schedule 2 — Sections 12 to 12C of the Judicature (Northern Ireland) Act 1978

11

 

(a)   

a person who holds high judicial office (within the meaning

of Part 3 of the Constitutional Reform Act 2005) and who

does not hold (and has never held) the office of Lord Chief

Justice, Lord Justice of Appeal or judge of the High Court,

(b)   

a person who is or has been a judge of the Court of Appeal of

5

England and Wales or the Inner House of the Court of

Session, and

(c)   

a lay member of the Northern Ireland Judicial Appointments

Commission (see section 3(5)(c) of the Justice (Northern

Ireland) Act 2002).

10

(10)   

The persons within subsection (9)(a) and (b) are to be selected by the

Lord Chancellor after consulting—

(a)   

the President of the Supreme Court of the United Kingdom,

(b)   

the Lord Chief Justice of England and Wales, and

(c)   

the Lord President of the Court of Session;

15

   

(or, where an office is vacant or an office holder is not available, some

other appropriate person).

(11)   

The person within subsection (9)(c) is to be selected by the Northern

Ireland Judicial Appointments Ombudsman.

(12)   

The person within subsection (9)(a) is to be the chair of the tribunal.

20

(13)   

The tribunal’s procedure is to be determined by the chair.

(14)   

The justice department (within the meaning of the Justice (Northern

Ireland) Act 2002) may pay a member of a tribunal any such

allowances or fees as it may determine.

(15)   

Before the coming into force of section 23 of the Constitutional

25

Reform Act 2005, in subsection (10)(a) the reference to the President

of the Supreme Court of the United Kingdom is to be read as a

reference to the senior Lord of Appeal in Ordinary.

12C     

Tenure of office: Lords Justices of Appeal and certain High Court

judges

30

(1)   

Lords Justices of Appeal and judges of the High Court hold office

during good behaviour (subject to section 26 of, and Schedule 7 to,

the Judicial Pensions and Retirement Act 1993).

(2)   

Her Majesty may, on an address of both Houses of Parliament,

remove a person (“P”) from office as Lord Justice of Appeal or judge

35

of the High Court.

(3)   

A motion for such an address may be made—

(a)   

in the House of Commons, only by the Prime Minister;

(b)   

in the House of Lords, only by the Lord Chancellor or, if the

Lord Chancellor is not a member of that House, only by

40

another Minister of the Crown at the Lord Chancellor’s

request.

(4)   

No motion is to be made for the purposes of subsection (3) unless—

(a)   

the Lord Chief Justice or the Northern Ireland Judicial

Appointments Ombudsman has, after consulting the other,

45

convened a tribunal as set out below,

 
 

Northern Ireland Bill
Schedule 2 — Sections 12 to 12C of the Judicature (Northern Ireland) Act 1978

12

 

(b)   

the tribunal has reported to the Lord Chief Justice

recommending that P be removed from the office on the

ground of misbehaviour, and

(c)   

the following has occurred—

(i)   

the Lord Chief Justice has advised the Prime Minister

5

and the Lord Chancellor to accept the tribunal’s

recommendation, or

(ii)   

if the Lord Chief Justice does not so advise, the Prime

Minister and the Lord Chancellor have consulted the

Lord Chief Justice about the recommendation.

10

(5)   

No motion is to be made in the House of Commons for the purposes

of subsection (3) unless the Prime Minister has laid a copy of the

tribunal’s report before that House.

(6)   

No motion is to be made in the House of Lords for the purposes of

subsection (3) unless the person making it has laid a copy of the

15

tribunal’s report before that House.

(7)   

If the Prime Minister and the Lord Chancellor are considering the

making of motions for the purposes of subsection (3), the Prime

Minister may, with the agreement of the Lord Chief Justice, suspend

P from the office.

20

(8)   

If P is suspended, P may not carry out any functions of the office (but

P’s other rights as holder of the office are unaffected).

(9)   

A tribunal is to consist of—

(a)   

a person who holds high judicial office (within the meaning

of Part 3 of the Constitutional Reform Act 2005) and who

25

does not hold (and has never held) the office of Lord Chief

Justice, Lord Justice of Appeal or judge of the High Court,

(b)   

a person who is or has been a judge of the Court of Appeal of

England and Wales or the Inner House of the Court of

Session, and

30

(c)   

a lay member of the Northern Ireland Judicial Appointments

Commission (see section 3(5)(c) of the Justice (Northern

Ireland) Act 2002).

(10)   

The persons within subsection (9)(a) and (b) are to be selected by the

Lord Chief Justice after consulting—

35

(a)   

the Lord Chancellor,

(b)   

the President of the Supreme Court of the United Kingdom,

(c)   

the Lord Chief Justice of England and Wales, and

(d)   

the Lord President of the Court of Session;

   

(or, where an office is vacant or an office holder is not available, some

40

other appropriate person).

(11)   

The person within subsection (9)(c) is to be selected by the Northern

Ireland Judicial Appointments Ombudsman.

(12)   

The person within subsection (9)(a) is to be the chair of the tribunal.

(13)   

The tribunal’s procedure is to be determined by the Lord Chief

45

Justice.

 
 

Northern Ireland Bill
Schedule 3 — Amendments to the Justice (Northern Ireland) Act 2002

13

 

(14)   

If the tribunal recommends as mentioned in subsection (4)(b), the

Lord Chief Justice must send the Prime Minister and the Lord

Chancellor—

(a)   

a copy of the tribunal’s report,

(b)   

any comments that the Lord Chief Justice wishes to make on

5

the report, and

(c)   

any comments that the Northern Ireland Judicial

Appointments Ombudsman wishes to make on the report.

(15)   

The justice department (within the meaning of the Justice (Northern

Ireland) Act 2002) may pay a member of a tribunal any such

10

allowances or fees as it may determine.

(16)   

Nothing in subsections (1) to (15) applies to a judge of the High Court

appointed after the coming into force of section 7 of the Justice

(Northern Ireland) Act 2002 (as to the removal and suspension of

whom see that section).

15

(17)   

Before the coming into force of section 23 of the Constitutional

Reform Act 2005, in subsection (10)(b) the reference to the President

of the Supreme Court of the United Kingdom is to be read as a

reference to the senior Lord of Appeal in Ordinary.

Schedule 3

20

Section 2

 

Amendments to the Justice (Northern Ireland) Act 2002

1     (1)  

Amend section 2 as follows.

      (2)  

Omit subsection (1)(a).

      (3)  

In subsection (5) before the definition of “listed judicial office” insert—

““the justice department” means the Northern Ireland

25

department which for the time being meets the following

conditions—

(a)   

it is established by an Act of the Northern Ireland

Assembly, and

(b)   

its purpose is to exercise functions consisting wholly

30

or mainly of devolved policing and justice functions

(as defined in section 21A(8) of the Northern Ireland

Act 1998),”.

2          

Omit section 4.

3          

For section 5 substitute—

35

“5      

Appointment to listed judicial offices

Schedule 3 (which is about the making of appointments to listed

judicial offices) has effect.”

4          

In section 5A(1) for “section 5” substitute “Schedule 3”.

5          

Omit section 6.

40

6     (1)  

Amend section 7 as follows.

 
 

Northern Ireland Bill
Schedule 3 — Amendments to the Justice (Northern Ireland) Act 2002

14

 

      (2)  

In subsection (2) for “First Minister and deputy First Minister, acting jointly”

substitute “Lord Chief Justice”.

      (3)  

In subsection (3) for “First Minister and deputy First Minister” substitute

“Lord Chief Justice”.

      (4)  

In subsection (4) for “them” substitute “the Lord Chief Justice”.

5

      (5)  

Omit subsection (5).

      (6)  

After subsection (6) insert—

“(6A)   

If the Lord Chief Justice does not remove or suspend a person (“P”)

in accordance with a recommendation as mentioned in subsection (3)

or (4), the Lord Chief Justice must notify the following of the Lord

10

Chief Justice’s reasons for not removing or suspending P—

(a)   

P;

(b)   

the tribunal;

(c)   

if the tribunal was convened by the Northern Ireland Judicial

Appointments Ombudsman, the Ombudsman.”

15

      (7)  

In subsection (7)—

(a)   

for “(6)” substitute “(6A)”;

(b)   

for “section 12B” substitute “section 12C”;

(c)   

omit “(inserted by section 6 of this Act)”.

7          

For section 8 substitute—

20

“8      

Tribunals for considering removal

(1)   

A tribunal to consider the removal of the holder of a listed judicial

office may be convened—

(a)   

by the Lord Chief Justice after consulting the Northern

Ireland Judicial Appointments Ombudsman, or

25

(b)   

by the Ombudsman after consulting the Lord Chief Justice.

(2)   

A tribunal is to consist of—

(a)   

a Lord Justice of Appeal or a judge of the High Court,

(b)   

a person who holds an office within section 3(6)(a) to (e), and

(c)   

a lay member of the Commission (see section 3(5)(c)).

30

(3)   

The persons within subsection (2)(a) and (b) are to be selected by the

Lord Chief Justice and the person within subsection (2)(c) is to be

selected by the Ombudsman.

(4)   

Unless the Commission otherwise agrees, the persons within

subsection (2)(a) and (b) must be judicial members of the

35

Commission (see section 3(5)(a)).

(5)   

The person within subsection (2)(a) is to be the chair of the tribunal.

(6)   

The tribunal’s procedure is to be determined by the Lord Chief

Justice.

(7)   

The justice department may pay a member of a tribunal any such

40

allowances or fees as it may determine.”

8     (1)  

Amend section 9B as follows.

 
 

 
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