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| | given up to and including |
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| | New Amendments handed in are marked thus  |
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| | | Page 1, line 4, leave out Clause 2. |
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| | | Clause 3, page 1, line 17, leave out subsection (1). |
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| | | Clause 3, page 2, line 17, at end add— |
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| | | ‘(4) | Section 22 of the Justice (Northern Ireland) Act 2002 is amended as follows— |
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| | | (a) | for subsection (2) substitute— |
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| | | “(2) | The Attorney General for Northern Ireland shall be appointed by |
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| | | the Lord Chief Justice and the provisions of section 5 (as |
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| | | amended) shall have effect for the procedure governing such |
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| | | (5) | In the Justice (Northern Ireland) Act 2002 omit section 41.’. |
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| | | Clause 4, page 2, line 37, at end insert— |
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| | | ‘(6A) | No recommendation shall be made to Her Majesty to make an Order under |
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| | | subsection (1) in relation to an Order under section 4 unless a draft of it has been |
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| | | laid before and approved by resolution of the Assembly.’. |
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| | | Schedule 1, page 6, line 15, at end insert— |
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| | | ‘(4A) | But a member of the Assembly who is a member of a political party may not be |
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| | | nominated unless the nominating officer of the party consents to his nomination |
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| | | within a period specified in standing orders.’. |
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| | | Schedule 1, page 6, line 37, at end insert ‘and in addition has made a solemn |
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| | declaration to respect the operational independence of the Chief Constable of the Police |
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| | Service of Northern Ireland and to uphold the independence of the judiciary’. |
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| | | Schedule 1, page 6, line 42, leave out ‘or’. |
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| | | Schedule 1, page 6, line 44, at end insert ‘by such reason as— |
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| | | (i) | he has been convicted of a criminal offence in Northern |
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| | | Ireland or elsewhere after the date of his appointment; |
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| | | (ii) | he has become bankrupt or made a composition or |
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| | | arrangement with his creditors; |
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| | | (iii) | he is not committed to non-violent and exclusively peaceful |
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| | | (iv) | he is otherwise unable or unfit to discharge his functions as a |
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| | | Schedule 1, page 6, line 44, at end insert ‘or |
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| | | (d) | where consent to his nomination was required under sub-paragraph (4A), |
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| | | he is dismissed by the nominating officer who consented (or that officer’s |
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| | | successor) and the Presiding Officer is notified of his dismissal.’. |
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| | Schedule 1, page 7, line 9, at end insert— |
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| | | ‘(13A) | Standing orders may (but need not) limit the number of such motions that may |
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| | | be moved during any period specified in standing orders.’. |
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| | | Schedule 1, page 8, line 10, at end insert— |
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| | | ‘Immediate filling of Ministerial office |
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| | | (6A) | If, after a period of six months following a devolution Order relating to policing |
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| | | and justice being made, the Ministerial office has not been filled, the Secetary of |
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| | | State shall assume the direction of the department.’. |
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| | | Schedule 1, page 8, line 13, leave out subsections (2) and (3) and insert— |
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| | | ‘(2) | If the relevant ministerial office has not been filled within the period mentioned |
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| | | (a) | all Northern Ireland Ministers shall cease to hold office, and |
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| | | (b) | all ministerial offices (including, notwithstanding any provision to the |
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| | | contrary, the relevant ministerial office) shall be filled by applying |
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| | | section 18(2) to (6) within a further period of seven days. |
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| | | (a) | section 16A(8) of the 1998 Act shall apply to a person taking up |
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| | | Ministerial office as a Northern Ireland Minister as if it referred to the |
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| | | period mentioned in sub-paragraph (2)(b); and |
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| | | (b) | section 32(3)(a) of the 1998 Act shall apply as if, in the case of |
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| | | Ministerial offices to be held by Northern Ireland Ministers, it referred to |
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| | | the period mentioned in sub-paragraph (2)(b).’. |
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| | | Schedule 1, page 8, line 15, at end insert ‘but within a period of six months |
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| | beginning with the day of first meeting of the Assembly’. |
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| | | Schedule 1, page 8, line 16, leave out sub-paragraph (3) and insert— |
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| | | ‘(3) | Sections 16A(8) and 32(3)(a) of the 1998 Act apply accordingly. |
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| | | (4) | If the relevant ministerial office is not filled within the period specified in sub- |
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| | | paragraph (2) the Secretary of State shall assume the direction of the |
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| | Schedule 1, page 8, line 22, at end insert— |
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| | | ‘Minister ceasing to hold office |
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| | | 7A | Paragraph 3D(11)(c) of Schedule 4A to the 1998 Act does not apply— |
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| | | (a) | before a resolution is passed for the purposes of paragraph 8(1)(a) |
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| | | (b) | if no such resolution is passed, before 1 May 2012.’. |
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| | | Schedule 1, page 8, line 23, leave out sub-paragraphs (8), (9) and (10). |
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| | | Schedule 1, page 8, line 28, at end insert— |
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| | | ‘(1A) | In the event of the department being dissolved on 1 May 2012 or before, and |
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| | | neither of the provisions of sub-paragraph (1) have been fulfilled, the Secretary |
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| | | of State shall assume responsibility for policing and justice.’. |
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| | | Page 9, line 29, leave out Schedule 2. |
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| | | Schedule 3, page 15, line 12, at end insert— |
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| | | ‘(11A) | In section 42 for subsection (1) substitute— |
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| | | “(1) | The Director must exercise his functions under the superintendence of |
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| | | the Attorney General for Northern Ireland in relation to devolved matters |
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| | | and the Advocate General for Northern Ireland in relation to retained |
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| | | matters and is subject to any directions given by either of them |
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| | | thereunder, but a failure to comply with this subsection does not affect |
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| | | the validity of anything done by or on behalf of the Director.”’. |
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| | | Page 13, line 20, leave out Schedule 3. |
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| | | Page 17, line 25, leave out Schedule 4. |
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| | | Page 28, line 17, leave out Schedule 5. |
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| | | Page 32, line 1, leave out Schedule 6. |
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| | | Expiry of sections 21A, 21B and 21C of and Schedule 4A to the 1998 Act |
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| | | To move the following Clause:— |
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| | | ‘After section 21(c) of the Northern Ireland Act 1998, there is inserted:— |
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| | | “(1) | Unless, before 1 May 2012, the conditions set out in subsections (2) to |
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| | | (6) are met, then on 1 May 2012— |
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| | | (a) | all Northern Ireland Ministers shall cease to hold office |
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| | | (including any relevant Minister within the meaning of Schedule |
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| | | (b) | any deputy minister or relevant junior minister within the |
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| | | meaning of Schedule 4A shall cease to hold office; |
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| | | (c) | sections 21A, 21B and 21C and Schedule 4A shall be repealed; |
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| | | (d) | notwithstanding any provision of any Act of the Assembly to the |
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| | | contrary, there shall be only one ministerial office in respect of a |
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| | | Northern Ireland department exercising functions consisting |
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| | | wholly or mainly of devolved policing and justice functions; |
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| | | (e) | all ministerial offices are to be filled under section 18 of the 1998 |
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| | | (2) | The first condition is an Act of the Assembly has provided for a Northern |
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| | | Ireland department exercising functions consisting wholly or mainly of |
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| | | devolved policing and justice functions. |
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| | | (3) | The second condition is that any provision of the kind referred to in |
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| | | section 21A(3), (3A), (4), (5) or (5A) was enacted, it has been repealed. |
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| | | (4) | The third condition is that a determination has been made under section |
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| | | 17 creating a single ministerial office in respect of the Northern Ireland |
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| | | department referred to in subsection (2). |
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| | | (5) | The fourth condition is that all ministerial offices have been filled under |
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| | | section 18 of the 1998 Act. |
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| | | (6) | The fifth condition is that an order referred to in section 4(2A) has |
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| | Schedule 1, page 6, line 44, at end insert ‘by such reason as— |
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| | | (i) | he has been convicted of a criminal offence in Northern |
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| | | Ireland or elsewhere after the date of his appointment; |
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| | | (ii) | he has become bankrupt or made a composition or |
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| | | arrangement with his creditors; |
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| | | (iii) | he is not committed to non-violent and exclusively peaceful |
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| | | (iv) | he is otherwise unable or unfit to discharge his functions as a |
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