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Lord Rathcavan: I hope that following this short debate the Minister is even more aware of the widespread concern in Northern Ireland about the disadvantages with which inward investment must contend. Further, I hope that the Government will give
the Industrial Development Board of Northern Ireland every possible support so that it can produce a visibly competitive package in the future. In the light of what the Minister said, I beg leave to withdraw the amendment.Amendment, by leave, withdrawn.
[Amendment No. 235 not moved.]
Lord Dubs moved Amendments Nos. 236 and 237:
On Question, amendments agreed to.
Lord Dubs moved Amendment No. 237A:
The noble Lord said: Amendment No. 237A seeks to replace the current paragraph 10 of Schedule 2 with a more detailed and accurate exception for national insurance contributions. Amendments Nos. 267 and 268 to Schedule 3 make reservations for the Social Security Advisory Committee and the Industrial Injuries Advisory Council and for the subject matter of the vaccine damage payments scheme. I beg to move.
Lord Cope of Berkeley: I merely draw attention to the fact that under this amendment national insurance contributions and the management of them will be excepted matters but the property from within which
Lord Renton: Before the noble Lord replies to my noble friend, can he explain whether the mass of detail that is proposed to be inserted into the Bill exceeds the more general description in paragraph 10 of Schedule 2 which is pretty comprehensive?
Lord Dubs: The noble Lord, Lord Renton, states that paragraph 10 of Schedule 2 is pretty comprehensive. I am trying to understand the extent to which it is not sufficiently comprehensive. My present understanding is that it is not sufficiently comprehensive, hence the amendment now proposed. I am advised that the matter properly remains with the DSS. The Assembly can legislate to touch on the property of United Kingdom departments, but that does not change the ownership of them.
On Question, amendment agreed to.
Lord Dubs moved Amendment No. 238:
The noble Lord said: This is a technical amendment to include as an excepted matter in paragraph 11 of Schedule 2 statutory officers appointed by the Lord Chancellor under the Judicature (Northern Ireland) Act 1978. These include the Official Solicitor and the Legal Secretary to the Lord Chief Justice. This brings them into line with other judicial appointments. Government Amendment No. 239 is a technical improvement to remove the explicit exception in Schedule 2 of the appointment and office of the Director and deputy Director of Public Prosecutions. This is unnecessary because Section 34 of the Northern Ireland Constitution Act 1973, which provides for the appointment and office, remains in force. The reference in Schedule 2 duplicates that provision. It therefore follows that the Government do not believe that Amendment No. 259 in the name of the noble Lord, Lord Cope, is necessary and I shall therefore invite him to withdraw it. I beg to move.
On Question, amendment agreed to.
Lord Dubs moved Amendment No. 239:
On Question, amendment agreed to.
Lord Dubs moved Amendment No. 240:
The noble Lord said: Amendment No. 240 is a drafting amendment to make the registration of political parties the subject of a separate paragraph in Schedule 2. This is in anticipation of future legislation on the matter. I beg to move.
Lord Cope of Berkeley: I believe this to be a very wise move on the part of the Government, but it may be
Lord Holme of Cheltenham: I support the point just made by the noble Lord, Lord Cope. Like him, I inquire whether the amendment would be better worded if it made reference to registration and funding. Do the Government envisage that that is material because presumably it is accepted that the projected election commission to deal with these matters in future will, in looking after the registration of political parties and their funding, by definition also be excepted?
Lord Dubs: I am advised that the funding of political parties is covered. However, as I cannot put my finger on the exact point to justify what I say, perhaps noble Lords will accept that I shall look into the matter further and write to them accordingly.
On Question, amendment agreed to.
Lord Dubs moved Amendment No. 241:
The noble Lord said: Amendment No. 241 will make extra-territoriality an excepted matter by excepting the subject matter of the Protection of Trading Interests Act 1980. The Protection of Trading Interests Act is used to counter foreign assertions of jurisdiction and give Ministers power to instruct persons in the UK not to comply with instructions from foreign courts in certain circumstances and makes foreign judgements unenforceable in such cases in United Kingdom courts. That is in line with the reservation of that Act in the Scotland Bill. I beg to move.
On Question, amendment agreed to.
Lord Dubs moved Amendment No. 242:
The noble Lord said: This amendment makes it clear that the subject matter of the Official Secrets Acts and the Interception of Communications Act 1985 is in the excepted field. This would arguably already be covered by the national security exception, but the amendment clarifies the position. I beg to move.
On Question, amendment agreed to.
Page 44, line 9, leave out ("taxes") and insert--
("(c) taxes or duties").
Page 44, line 10, leave out ("that duty") insert ("those mentioned in sub-paragraph (a) or (b)").
Page 44, leave out lines 11 to 14 and insert--
("10. The following matters--
(a) national insurance contributions;
(b) the control and management of the Northern Ireland National Insurance Fund and payments into and out of that Fund;
(c) reductions in and deductions from national insurance contributions;
(d) national insurance rebates;
(e) payments out of public money to money purchase pension schemes;
(f) contributions equivalent premiums;
(g) rights to return to the state pension scheme.
Sub-paragraph (a) includes the determination, payment, collection and return of national insurance contributions and matters incidental to those matters.
Sub-paragraph (b) does not include payments out of the Northern Ireland National Insurance Fund which relate to--
(i) the benefits mentioned in section 143(1) of the Social Security Administration (Northern Ireland) Act 1992, or benefits substantially of the same character as those benefits; or
(ii) administrative expenses incurred in connection with matters not falling within sub-paragraphs (a) to (g).
Sub-paragraphs (b) and (e) do not include payments out of or into the Northern Ireland National Insurance Fund under--
(i) section 172(1)(b), (2)(a) or (7)(c) of the Pension Schemes (Northern Ireland) Act 1993; or
(ii) Article 202, 227, 234 or 252 of the Employment Rights (Northern Ireland) Order 1996.
In this paragraph "contributions equivalent premium" has the meaning given by section 51(2) of the Pension Schemes (Northern Ireland) Act 1993.").
4.45 p.m.
Page 44, line 16, after ("Ireland,") insert ("holders of offices listed in column 1 of Schedule 3 to the Judicature (Northern Ireland) Act 1978,").
Page 44, leave out lines 21 and 22.
Page 44, line 24, leave out ("; the registration of political parties") and insert--
("13A. The registration of political parties.").
Page 44, line 27, at end insert--
(". The subject-matter of the Protection of Trading Interests Act 1980.").
Page 44, line 30, at end insert ("; the subject-matter of--
(a) the Official Secrets Acts 1911 and 1920;
(b) the Interception of Communications Act 1985, except so far as relating to the prevention or detection of serious crime (within the meaning of that Act); and
(c) the Official Secrets Act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2) (crime) and not by any other provision of sections 1 to 4.").
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