|
| |
|
| |
(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 |
| |
(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 |
| |
(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 |
| |
| |
(4) | The second Act may repeal the initial ministerial provision with effect from |
| |
| |
(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); |
| |
|
| |
|
| |
|
| 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 |
| |
| |
(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 |
| |
| |
(9) | Nothing in this paragraph stops an Act of the Assembly dissolving the |
| |
| 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)”. |
| |
| |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(6) | Before making a recommendation, the Prime Minister must |
| |
| 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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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— |
| |
|
| |
|
| |
|
(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 |
| |
| |
(c) | a lay member of the Northern Ireland Judicial Appointments |
| |
Commission (see section 3(5)(c) of the Justice (Northern |
| |
| 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 |
| |
| 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 |
| |
(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 |
| |
| |
(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, |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 30 |
(c) | a lay member of the Northern Ireland Judicial Appointments |
| |
Commission (see section 3(5)(c) of the Justice (Northern |
| |
| |
(10) | The persons within subsection (9)(a) and (b) are to be selected by the |
| |
Lord Chief Justice after consulting— |
| 35 |
| |
(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 |
| |
|
| |
|
| |
|
(14) | If the tribunal recommends as mentioned in subsection (4)(b), the |
| |
Lord Chief Justice must send the Prime Minister and the Lord |
| |
| |
(a) | a copy of the tribunal’s report, |
| |
(b) | any comments that the Lord Chief Justice wishes to make on |
| 5 |
| |
(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 |
| |
| 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. |
| |
| 20 |
| |
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 |
| |
| |
(a) | it is established by an Act of the Northern Ireland |
| |
| |
(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 |
| |
| |
| |
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”. |
| |
| 40 |
6 (1) | Amend section 7 as follows. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(4) | In subsection (4) for “them” substitute “the Lord Chief Justice”. |
| 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— |
| |
| |
| |
(c) | if the tribunal was convened by the Northern Ireland Judicial |
| |
Appointments Ombudsman, the Ombudsman.” |
| 15 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|