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Lord Smith of Clifton moved Amendment No. 16:
The noble Lord said: For the reasons I have given at Second Reading and earlier today in this debate, I intend to press the amendment to a Division. As I see it, the Bill is, very appropriately, a 50:50 Bill that gives comfort to the Unionist community and the nationalist community. We on these Benches believe that there is a lacuna in the sense that there could be
On Question, Whether the said amendment (No. 16) shall be agreed to?
"SECRETARY OF STATE'S POWERS IN EXCEPTIONAL CIRCUMSTANCES
"After section 30A of the Northern Ireland Act 1998 (c. 47) there is inserted
"30B SECRETARY OF STATE'S POWERS IN EXCEPTIONAL CIRCUMSTANCES
(1) Notwithstanding the provisions of section 30A, under exceptional circumstances the Secretary of State may by direction temporarily exclude a Minister or junior Minister.
(2) An exclusion under subsection (1) shall only remain in effect until either
(a) a report from the Commission has been made; or
(b) the Assembly has considered a resolution under 30(1) or (2); or
(c) a period of two weeks has elapsed.
(3) In subsection (1) "exceptional circumstances" include where
(a) there is insufficient time for the Commission to make a report; and
(b) there is insufficient time for the Assembly to consider a resolution under section 30(1) or (2).
(4) A direction made under this section shall be in writing and shall be laid before Parliament after the direction is given.""
4.10 p.m.
Resolved in the affirmative, and amendment agreed to accordingly.
4.21 p.m.
Clause 6 [Reduction of remuneration]:
[Amendments Nos. 17 to 19 not moved.]
Lord Glentoran moved Amendment No. 20:
The noble Lord said: I hope that Amendment No. 20 is self-explanatory and that the Government might think it worth noting. I beg to move.
Lord Williams of Mostyn: Of course this is unexpected and has brought tears to everyone's eyes. If I mayif it is convenient to noble Lords, in particular the noble Lord, Lord GlentoranI shall take a view on this and be in a position to express an opinion on Report, which is not very long away. So if the noble Lord will not press it on this occasion, I undertake to give it consideration within the next hour or so.
Lord Glentoran: I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendments Nos. 21 to 23 not moved.]
Clause 7 [Reduction of financial assistance]:
[Amendments Nos. 24 to 28 not moved.]
Clause 9 [Secretary of State's directions: procedure etc]:
Lord Williams of Mostyn moved, as a manuscript amendment, Amendment No. 29A:
The noble and learned Lord said: I hope that it has been convenient to the Committee for me to deal with this in this way. I am speaking, if I may, to Amendments Nos. 29A and 31, which derive originally from what was originally numbered Amendment No.
What we agreed, if this is to the Committee's satisfaction, is as follows. There were drafting deficiencies in the original amendment. Accordingly, having discussed it with the two noble Lords this morning, I undertook to have a perfected amendment, Amendment No. 29A, which deals with the Secretary of State's duty to prepare reports. The first report,
Amendment No. 31 would essentially ensure that the reporting arrangements would cease, of course, with any order to cease the effect of the Secretary of State's new powers in the Northern Ireland Act 1998. So in respect of Amendment No. 29A, I beg to move.
"( ) Before exercising the power under this section, the Secretary of State shall take full account of the recommendations of the Monitoring Commission."
After Clause 9, insert the following new clause
"Secretary of State's duty to prepare reports
(1) The Secretary of State shall report on the operation of
(a) the agreement mentioned in section 1(1), and
(b) so much of this Act as amends the Northern Ireland Act 1998 (c. 47).
(2) The first report under this section shall be in respect of the period of twelve months beginning with the passing of this Act.
(3) Subsequent reports under this section shall be in respect of the period of twelve months beginning with the end of the previous reporting period.
(4) Each report under this section shall be prepared as soon as practicable after the end of the period to which it relates.
(5) A report under this section shall include any additional information which the Secretary of State thinks it appropriate for the report to include.
(6) The Secretary of State shall
(a) lay a copy of each report under this section before each House of Parliament, and
(b) publish each such report in such manner as he thinks fit."
"shall be in respect of the period of twelve months beginning with the passing of this Act . . . Subsequent reports . . . shall be in respect of the period of twelve months beginning with the end of the previous reporting period".
There is a duty in subsection (4) to prepare each report,
"as soon as practicable after the end of the period",
and the Secretary of State is obliged to,
"lay a copy of each report under this section before each House of Parliament",
and to,
"publish . . . in such manner as he thinks fit".
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