Northern Ireland Bill

House of Commons

Session 2008 - 09
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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.