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Lord Dubs moved Amendment No. 343:
Page 66, line 10, at end insert--
. Any determination of--
(a) the number of Ministerial offices to be held by Northern Ireland Ministers; and
(b) the functions to be exercisable by the holder of each such office,
made before the appointed day shall on and after that day have effect as if it had been made under section (Ministerial offices).").
The noble Lord said: I beg to move Amendment No. 343 and speak also to Amendments Nos. 343A, 343B, 344, 345, 346, 347A and 348. These amendments are transitional and are designed to ensure a smooth transition between direct rule and devolution. In some cases, for example Amendments Nos. 346 and 344, the amendments make clear that appointments or agreements under earlier enactments made during the period of direct rule will continue to apply after devolution. A number of the other amendments, for example Amendments Nos. 343 and 345, concern appointments, elections or arrangements made during the shadow period of the Assembly. The agreement is clear that the institutions it establishes should seek to meet and make progress during the shadow phase of the Assembly's life. Clearly, it would be strange if useful progress made during the shadow phase was not able to be carried forward after devolution but had to be revisited after the appointed day. Accordingly, I commend the amendment to the Committee.
On Question, amendment agreed to.
Lord Dubs moved Amendments Nos. 343A to 346:
Page 66, line 32, leave out ("by the Secretary of State") and insert ("or elected").
Page 66, line 33, after ("1998") insert ("who holds office immediately").
Page 66, line 35, at end insert--
. Any appointment made by Her Majesty under section 36(1)(d) of the Northern Ireland Constitution Act 1973 before the appointed day shall on and after that day have effect as if it had been an appointment made by Her Majesty on the nomination of the Assembly under section 51.").
Page 66, line 40, at end insert--
. Any such arrangements as are mentioned in subsection (1) of section (Civic Forum) which are made and approved before the commencement of that section shall have effect, after that commencement, as if they had been made and approved under that section.").
Page 67, line 4, at end insert--
. The repeal effected by this Act of section 12 of the Northern Ireland Constitution Act 1973 shall not affect the operation of any agreement or arrangement made under that section.").
On Question, amendments agreed to.
[Amendment No. 347 had been withdrawn from the Marshalled List.]
Lord Dubs moved Amendments Nos. 347A and 348:
Page 67, line 14, at end insert--
. The repeals effected by this Act shall not affect the operation of section 19 of the Northern Ireland Constitution Act 1973 (read with section 23 of that Act)--
(a) so far as section 19 relates to a member of the Northern Ireland Executive or other person appointed under section 8 of that Act or a Northern Ireland department, in relation to any act done before the appointed day;
(b) so far as section 19 relates otherwise than as mentioned in sub-paragraph (a), in relation to any act done before the commencement of section 61.
. Section (Effect of certificates) shall have effect--
(a) in relation to any act done before the appointed day, as if the reference to section 19 were a reference to section 19 of the Northern Ireland Constitution Act 1973 so far as relating to a member of the Northern Ireland Executive or other person appointed under section 8 of that Act or a Northern Ireland department;
(b) in relation to any act done before the commencement of section 61, as if the reference to that section were a reference to section 19 of that Act so far as relating otherwise than as mentioned in sub-paragraph (a); and
(c) in relation to any such act as is mentioned in sub-paragraph (a) or (b), as if--
(i) the reference in subsection (1)(b) to a certificate were a reference to a certificate purporting to be signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security; and
(ii) subsection (3)(b) were omitted.").
Page 67, line 14, at end insert--
. The repeals effected by this Act shall not affect the operation of the Ministerial Offices Act (Northern Ireland) 1952, the Ministerial Salaries and Members' Pensions Act (Northern Ireland) 1965 or the Members' Pensions (Northern Ireland) Order 1976 in relation to service completed before the appointed day.").
On Question, amendments agreed to.
Schedule 14, as amended, agreed to.
Lord Dubs moved Amendments Nos. 349 to 378:
The noble Lord said: I beg to move Amendments Nos. 349 to 378. This schedule contains a whole series of repeals necessary for the smooth running of devolution. The repeals are made for a number of reasons. Often the provisions in the earlier enactments have been replicated or replaced in this Bill, thus making them redundant. A number of earlier pieces of legislation dealing with political development in Northern Ireland will no longer be needed after devolution, hence the Northern Ireland (Entry into Negotiations) Act 1996 and the Northern Ireland (Elections) Act 1998 are repealed in their entirety. Other amendments are much more minor, for example reflecting changes in the names of organisations as a result of the Bill and other such consequential effects. I do not believe that any of the changes has political significance, but they are important for the smooth running of the devolution process and the integrity of the statute book. Accordingly, I commend them to the Committee.
Page 67, line 23, at end insert--
("14 & 15 Geo 5 c.11 (N.I.). Ministers (Temporary Exercise of Powers) Act (Northern Ireland) 1924. The whole Act.")
Page 67, line 26, at end insert--
("1 & 2 Eliz 2 c.3. Public Works Loans Act 1952. Section 6.
1 & 2 Eliz 2 c.15 (N.I.). Ministerial Offices Act (Northern Ireland) 1952. The whole Act.
2 & 3 Eliz 2 c.33 (N.I.). Interpretation Act (Northern Ireland) 1954. Section 13(2).
In section 46(2), in the definition of "the constitutional laws of Northern Ireland", the words "the Government of Ireland Act 1920, and" and "amending or extending it or otherwise".
1965 c.18 (N.I.). Ministerial Salaries and Members' Pensions Act (Northern Ireland) 1965. The whole Act.
1969 c.7 (N.I.). Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969. Section 4.")
Page 67, line 33, column 3, at end insert--
("Section 33(1).")
Page 67, line 41, at end insert--
("1975 c.24. House of Commons Disqualification Act 1975. In Schedule 1, in Part II, the entries relating to the Equal Opportunities Commission for Northern Ireland, the Fair Employment Commission for Northern Ireland and the Northern Ireland Disability Council; in Part III, the entries relating to the Additional Commissioner of the Equal Opportunities Commission for Northern Ireland.
1975 c.25. Northern Ireland Assembly Disqualification Act 1975. Section 5(1).
In Schedule 1, in Part II, the entries relating to the Commission for Racial Equality for Northern Ireland, the Equal Opportunities Commission for Northern Ireland, the Fair Employment Commission for Northern Ireland and the Northern Ireland Disability Council; in Part III, the entries relating to the Additional Commissioner of the Commission for Racial Equality for Northern Ireland and the Additional Commissioner of the Equal Opportunities Commission for Northern Ireland.
Schedule 2.")
Page 67, line 42, column 3, at end insert--
("Section 58(1).")
Page 67, line 43, column 3, at end insert--
("Schedule 6.")
Page 67, line 43, at end insert--
Page 67, line 44, column 3, at beginning insert--
("S.I. 1976/426 (N.I.8). Members' Pensions (Northern Ireland) Order 1976. The whole Order.")
("In Article 2(2), the definition of "the interim period".")
Page 67, line 45, column 3, at end insert--
("In Schedule 6, paragraph 2.")
Page 67, line 46, at end insert--
("S.I. 1979/1573 (N.I.12). Statutory Rules (Northern Ireland) Order 1979. In Article 7(1), the words from "subject to" to "1974".Article 11(4).In Schedule 4, paragraph 14.")
Page 67, line 47, at end insert--
("S.I. 1982/713 (N.I.10). Probation Board (Northern Ireland) Order 1982. In Schedule 1, paragraph 1(2).")
Page 68, leave out lines 6 and 7.
Page 68, line 10, at end insert--
("1986 c.56. Parliamentary Constituencies Act 1986. In Schedule 3, paragraphs 1 and 2.")
Page 68, line 12, at end insert--
("S.I. 1986/595 (N.I.4). Mental Health (Northern Ireland) Order 1986. In Schedule 5, in Part II the amendment of the Ministerial Salaries and Members' Pensions Act (Northern Ireland) 1965.")
Page 68, line 22, at end insert--
("S.I. 1987/2203 (N.I.22). Adoption (Northern Ireland) Order 1987. In Schedule 4, paragraph 1.")
Page 68, line 24, column 3, at beginning insert--
("In section 21(1), the definition of "the Commission".")
Page 68, line 24, column 3, after ("paragraphs") insert ("2,").
Page 68, line 30, at end insert--
("1990 c.42. Broadcasting Act 1990. In Schedule 20, paragraph 19.")
Page 68, line 33, column 3, at end insert ("and (5)").
Page 68, line 34, column 3, at end insert--
("In Schedule 5, paragraph 2.")
Page 68, line 49, column 3, at beginning insert--
("In section 167(2), the words "section 177 (co-ordination with Northern Ireland)".")
Page 68, line 49, at end insert--
("1993 c.49. Pension Schemes (Northern Ireland) Act 1993. In section 163(2), the words "section 153 (co-ordination with Great Britain)".")
Page 68, line 49, at end insert--
("S.I. 1993/1252 (N.I.5). Financial Provisions (Northern Ireland) Order 1993. Article 8(6A).
1994 c.26. Trade Marks Act 1994. In Schedule 4, the entry in paragraph 1(2) relating to the Northern Ireland Constitution Act 1973.")
Page 68, line 49, at end insert--
("1995 c.34. Child Support Act 1995. Section 29(2) to (4).
S.I. 1995/2702 (N.I.13). Child Support (Northern Ireland) Order 1995. Article 20.")
Page 68, line 49, at end insert--
("1996 c.11. Northern Ireland (Entry to Negotiations, etc.) Act 1996. The whole Act.
1996 c.22. Northern Ireland (Emergency Provisions) Act 1996. In Schedule 6, paragraph 1.")
Page 69, line 10, column 3, after ("of") insert ("sections 19 to 22 of").
Page 69, line 17, column 3, leave out ("paragraph") and insert ("paragraphs 1 and").
Page 69, line 21, at end insert--
("1998 c.00. Northern Ireland Act 1998. In Schedule 13, paragraph 12.")
Page 69, line 21, at end insert--
("S.I. 1998/749 (N.I.4). Financial Provisions (Northern Ireland) Order 1998. Article 7.")
Page 69, line 21, at end insert--
("1998 c.00. Registration of Political Parties Act 1998. In section 2(2)(e) the word "New".")
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