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Lord Dubs moved Amendment No. 292A:
On Question, amendment agreed to.
[Amendment No. 293 not moved.]
Lord Dubs moved Amendment No: 293A:
On Question, amendment agreed to.
[Amendments Nos. 294 to 297 not moved.]
Lord Dubs moved Amendment No. 297A:
On Question, amendment agreed to.
[Amendments Nos. 298 to 307 not moved.]
Lord Dubs moved Amendments Nos. 307A to 307K:
The noble Lord said: I beg to move Amendments Nos. 307A to 307K, with the exception that there is no Amendment No. 307G.
On Question, amendments agreed to.
Schedule 9, as amended, agreed to.
Schedule 10 [Equality: enforcement of duties]:
[Amendment No. 308 not moved.]
Lord Dubs moved Amendment No. 308A:
On Question, amendment agreed to.
[Amendment No. 309 not moved.]
Lord Dubs moved Amendment No. 309A:
On Question, amendment agreed to.
[Amendment No. 310 not moved.]
Lord Dubs moved Amendments Nos. 310A to 310H:
On Question, amendments agreed to.
Schedule 10, as amended, agreed to.
Schedule 11 [Devolution issues]:
[Amendments Nos. 311 to 324 not moved.]
Lord Dubs moved Amendment No. 324A:
Page 53, line 19, leave out ("employ staff subject to") and insert ("with").
Page 53, leave out lines 21 and 22 and insert ("numbers and as to remuneration and other terms and conditions of employment--
(a) employ such staff as the Commission considers necessary;
(b) employ the services of such other persons as the Commission considers expedient for any particular purpose.
(2) The Commission may, in the case of such of its staff as may be determined by it with the approval of the Department of Economic Development and the Department of Finance and Personnel, pay such pensions, allowances or gratuities, or provide and maintain such pension schemes, as may be so determined.
(3) Payments made or expenses incurred under this paragraph shall be defrayed out of money appropriated by Act of the Assembly.").
Page 53, line 35, at beginning insert ("Expenditure defrayed under this paragraph shall be defrayed out of money appropriated by Act of the Assembly and").
Page 54, line 7, leave out from ("shall") to ("the") in line 8 and insert ("lay a copy of the statement of accounts and the Comptroller and Auditor General's report before").
Page 54, line 17, leave out ("non-members)") and insert ("persons who are not Commissioners)").
Page 54, line 22, leave out ("chairman or deputy chairman") and insert ("Chief Commissioner or Deputy Chief Commissioner").
Page 54, line 23, leave out ("member") and insert ("Commissioner").
Page 54, line 25, leave out ("III") and insert ("II").
Page 54, line 26, leave out ("(other disqualifying offices)") and insert ("(bodies whose members are disqualified)").
Page 54, line 27, leave out ("Member of").
Page 54, line 28, leave out ("III") and insert ("II").
Page 54, line 29, leave out ("(other disqualifying offices)") and insert ("(bodies whose members are disqualified)").
Page 54, line 30, leave out ("Member of").
Page 55, leave out lines 8 to 10 and insert--
("(c) carry out the functions conferred on it by the following provisions of this Schedule.").
Page 55, leave out lines 12 and 13 and insert--
("1A.--(1) A public authority to which this sub-paragraph applies shall before the end of the period of six months beginning with the commencement of this Schedule submit a scheme to the Commission.
(2) Sub-paragraph (1) applies to any public authority except one which--
(a) does not exist at the commencement of this Schedule; or
(b) is notified in writing by the Commission that that sub-paragraph does not apply to it.
1B.--(1) Where it thinks appropriate, the Commission may--
(a) request a public authority to which paragraph 1A(1) does not apply to make a scheme;
(b) request any public authority to make a revised scheme.
(2) A public authority shall respond to a request under this paragraph by submitting a scheme to the Commission before the end of the period of six months beginning with the date of the request.
2.--(1) A scheme shall show how the public authority proposes to fulfil the duties imposed by section 60 in relation to the relevant functions.").
Page 55, line 23, after ("access") insert ("to information and").
Page 55, line 29, at end insert--
("( ) In this paragraph "the relevant functions" means the functions of the public authority or, in the case of a scheme submitted in response to a request which specifies particular functions of the public authority, those functions.").
Page 55, line 32, at end insert ("; and
(b) such other persons as may be specified in the directions.").
Page 55, line 35, at end insert--
("( ) Where the Commission refers a scheme to the Secretary of State under sub-paragraph (1)(b), it shall notify the Assembly in writing that it has done so and send the Assembly a copy of the scheme.").
Page 55, line 41, leave out ("1(c)") and insert ("1B(1)(b)").
Page 55, line 41, at end insert--
("( ) Where the Secretary of State--
(a) requests a revised scheme under sub-paragraph (1)(b); or
(b) makes a scheme under sub-paragraph (1)(c),
he shall notify the Assembly in writing that he has done so and, in a case falling within paragraph (b), send the Assembly a copy of the scheme.").
Page 55, line 45, leave out ("1(c)") and insert ("1B(1)(b)").
Page 56, line 28, at end insert--
("( ) Where the Commission--
(a) sends a report to the Secretary of State under sub-paragraph (2)(b); or
(b) refers a matter to the Secretary of State under sub-paragraph (2)(c),
it shall notify the Assembly in writing that it has done so and, in a case falling within paragraph (a), send the Assembly a copy of the report.
( ) Where the Secretary of State gives directions to a public authority under sub-paragraph (3)(b), he shall notify the Assembly in writing that he has done so.").
After Schedule 11, insert the following new schedule--
1. In this Schedule "the Tribunal" means the tribunal established under section (The Tribunal).
2.--(1) The Tribunal shall consist of such number of members appointed by the Lord Chancellor as he may determine.
(2) A member of the Tribunal shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.
(3) A member of the Tribunal may resign his office at any time by notice in writing to the Lord Chancellor.
3.--(1) The Lord Chancellor shall appoint one of the members of the Tribunal to be its chairman.
(2) The chairman may nominate a member as deputy chairman to act in his absence.
(3) A member may not be appointed as chairman or nominated as deputy chairman, unless he holds, or has held, office as a judge of the High Court, the High Court of Justice in Northern Ireland, the Court of Appeal or the Court of Appeal in Northern Ireland.
(4) The chairman may resign his office at any time by notice in writing to the Lord Chancellor.
4.--(1) The Lord Chancellor may pay to the members of the Tribunal such remuneration and allowances as he may determine.
(2) The Lord Chancellor may, if he thinks fit in the case of any member of the Tribunal pay such pension, allowance or gratuity to or in respect of the member, or such sums towards the provision of such pension, allowance or gratuity, as he may determine.
(3) If a person ceases to be a member of the Tribunal and it appears to the Lord Chancellor that there are special circumstances which make it right that the person should receive compensation, he may pay to that person a sum of such amount as he may determine.
5. The Tribunal shall sit at such times and in such places as the Lord Chancellor may direct.
6. The Tribunal shall be deemed to be duly constituted if it consists of the chairman or deputy chairman and two or more other members.
7. The chairman or, in his absence, the deputy chairman, shall preside at sittings of the Tribunal.
8. The Lord Chancellor may appoint such officers and servants for the Tribunal as he thinks fit.
9. The Lord Chancellor shall defray the remuneration of persons appointed under paragraph 8 and such expenses of the Tribunal as he thinks fit.
10. In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert--
"The Tribunal established under section (The Tribunal) of the Northern Ireland Act 1998".
11. In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert--
"The Tribunal established under section (The Tribunal) of the Northern Ireland Act 1998".").
On Question, amendment agreed to.
[Amendments Nos. 325 and 325A had been withdrawn from the Marshalled List.]
[Amendment No. 325B not moved.]
Schedule 12 [Construction of references in existing laws]:
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