Amendment text (12 July 2006)

House of Lords

Publications on the internet
Other Public Bills before Parliament
Bill Home Page

Northern Ireland (Miscellaneous Provisions) Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

      The amendments have been marshalled in accordance with the Order of 4th July 2006, as follows—

Clauses 1 to 14
Schedule 1
Clauses 15 to 17
Schedule 2
Clauses 18 to 26 Schedule 3
Clauses 27 to 30
Schedules 4 and 5
Clauses 31 to 33

[Amendments marked * are new or have been altered]

Amendment
No.

Clause 3

THE LORD SMITH OF CLIFTON
THE BARONESS HARRIS OF RICHMOND

1* Page 2, line 26, leave out from "2010" to end of line 28

2* Page 2, line 29, leave out "tenth" and insert "fifth"

3* Page 2, leave out lines 40 and 41

4* Page 3, line 3, leave out "tenth" and insert "fifth"

5* Page 3, leave out lines 4 and 5

6* Page 3, leave out lines 6 to 19

Clause 12

THE LORD SMITH OF CLIFTON
THE BARONESS HARRIS OF RICHMOND

7 Page 10, leave out lines 18 to 35

THE LORD GLENTORAN
THE LORD LUKE

8 Page 11, line 4, at end insert—

"71D Report to Parliament

   The Secretary of State shall lay an annual report before both Houses of Parliament on the operation of the special provisions set out in this Chapter.""

9 Leave out Clause 12

Clause 13

THE LORD GLENTORAN
THE LORD LUKE

10 Leave out Clause 13

After Clause 17

THE LORD GLENTORAN
THE LORD LUKE

11 Insert the following new Clause—

"Exclusion of Minister from Office

(1)   Section 30 of the 1998 Act (exclusion of Ministers from office) is amended as follows.

(2)   After subsection (1)(b) insert—

"(c)   because he is no longer committed to upholding the rule of law in Northern Ireland,".

(3)   After subsection (2)(b) insert—

"(c)   because it is no longer committed to upholding the rule of law in Northern Ireland,".

(4)   After subsection (7)(d) insert—

"(da)   whether he or it is committed now and in the future to upholding the rule of law in Northern Ireland"."

After Clause 20

THE LORD GLENTORAN
THE LORD SMITH OF CLIFTON

12 Insert the following new Clause—

"Continued suspension of Assembly: Parliamentary control of Orders in Council

(1)   This section shall come into force on 25th November 2006 unless a restoration order under section 2(2) of the Northern Ireland Act 2000 (c. 1) has been made before that date (in which case this section shall cease to have effect).

(2)   Paragraph 2 of the Schedule to that Act is amended as follows.

(3)   In sub-paragraph (1)(a), for "by resolution of each House of Parliament" substitute "in accordance with sub-paragraphs (1A) to (1E)".

(4)   After sub-paragraph (1) insert—

"(1A)   A draft of every Order in Council must be laid before each House of Parliament for approval before it may be made.

(1B)   If either House of Parliament passes a resolution that the draft Order be approved with a specified amendment or amendments, the Secretary of State shall withdraw the draft Order in Council.

(1C)   If no amendment or amendments are specified under sub-paragraph (1B), the Order shall be approved unamended.

(1D)   If the draft Order in Council is withdrawn under sub-paragraph (1B), the Secretary of State may re-lay the draft Order in Council before each House of Parliament—

(a)   with the amendment or amendments specified under sub-paragraph (1B) incorporated into the draft Order in Council, or

(b)   with notice in writing to each House of Parliament of the Secretary of State's refusal to incorporate the amendment or amendments specified under sub-paragraph (1B) and the reasons for that refusal.

(1E)   If the draft Order in Council is re-laid under sub-paragraph (1D) without the amendments incorporated, the Order shall be made having been approved by a resolution of each House of Parliament.""

After Clause 28

THE LORD GLENTORAN
THE LORD LUKE

13* Insert the following new Clause—

"Expiration of Orders in Council

   Any Order in Council made under Paragraph 1 of the Schedule to the Northern Ireland Act 2000 (c. 1) (provisions applicable during suspension) shall cease to have effect six months after the first meeting of the Assembly subsequent to the passing of this Act unless within that time—

(a)   a motion for a resolution praying that the Order should continue in force is tabled by the First Minister and the Deputy First Minister acting jointly, and

(b)   the motion is passed by the Assembly with the support of a majority of the members voting on the motion, a majority of the designated Unionists voting and a majority of the designated Nationalists voting."