Northern Ireland (Offences) Bill


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Mr. Robertson: The amendment would ensure the Bill is not implemented without a resolution passed by both Houses of Parliament and that no such action should be taken until the Assembly has been up and running for two years.

Mr. Hanson: I do not believe that the amendment should stand, because before it can become an Act, the Bill will pass through both Houses of Parliament. There is the potential under the Bill for a range of measures to be brought forward and an affirmative resolution is unnecessary. I urge my hon. Friends to reject the amendment.

Mr. Robertson: I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 24 ordered to stand part of the Bill.

Clauses 25 to 27 ordered to stand part of the Bill.

4 pm

The Chairman: It being 4 o’clock—

Mr. Robinson: On a point of order, Mr. Taylor. Do you have the powers of a premiership referee? We lost some time at the beginning of our proceedings, and there are only three votes to be taken.

The Chairman: I am afraid that those powers lie with the Whips. I must put the remaining Questions forthwith.

It being Four o’ clock, The Chairman proceeded, pursuant to Standing Order 83D and the Order of the Committee [6 December], to put forthwith the Questions necessary to dispose of the business to be concluded at that time.

New Clause 2

Certificates for offences committed in the course of efforts to combat terrorism in Northern Ireland

    ‘(1)   Where an application is made to the certification commissioner for a certificate of eligibility, the commissioner must issue a certificate if—

      (a)   the applicant is accused of an offence committed in the course of efforts to combat terrorism in Northern Ireland, and


 
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      (b)   it appears to the commissioner, on the information available to him, that the applicant meets the conditions set out in section 3 above.

    (2)   The commissioner may preserve the anonymity of any person who makes an application under this section, if he sees fit.’. —[Mr. Peter Robinson.]

Brought up, and read the First time.

Motion made, and Question put, That the clause be read a Second Time:—

The Committee divided: Ayes 8, Noes 18.

[Division No. 53]

AYES

Bellingham, Mr. Henry
Donaldson, Mr. Jeffrey M.
Ellwood, Mr. Tobias
Hunt, Mr. Jeremy
Robertson, Mr. Laurence
Robinson, Mr. Peter
Wallace, Mr. Ben
Wilson, Sammy

NOES

Anderson, Mr. David
Banks, Gordon
Brown, Mr. Russell
Coaker, Mr. Vernon
Cooper, Rosie
Durkan, Mark
Foster, Mr. Michael
      (Worcester)
Hanson, Mr. David
Harris, Mr. Tom
Hendrick, Mr. Mark
Hillier, Meg
Irranca-Davies, Huw
McDonagh, Siobhain
Moon, Mrs Madeleine
Öpik, Lembit
Slaughter, Mr. Andrew
Todd, Mr. Mark
Waltho, Lynda

Question accordingly negatived.

New Clause 3

Victims’ rights and entitlements—eligibility certificates

    ‘In determining whether an applicant for an eligibility certificate meets the conditions set out in section 3 above, the commissioner shall give an opportunity for a victim, or the family of a victim, to make representations to him.’. —[Mr. Peter Robinson.]

Brought up, and read the First time.

Motion made, and Question put, That the clause be read a Second Time:—

The Committee divided: Ayes 11, Noes 16.

[Division No. 54]

AYES

Bellingham, Mr. Henry
Donaldson, Mr. Jeffrey M.
Durkan, Mark
Ellwood, Mr. Tobias
Hermon, Lady
Hunt, Mr. Jeremy
Öpik, Lembit
Robertson, Mr. Laurence
Robinson, Mr. Peter
Wallace, Mr. Ben
Wilson, Sammy

NOES

Anderson, Mr. David
Banks, Gordon
Brown, Mr. Russell
Coaker, Mr. Vernon
Cooper, Rosie
Foster, Mr. Michael
      (Worcester)
Hanson, Mr. David
Harris, Mr. Tom
Hendrick, Mr. Mark
Hillier, Meg
Irranca-Davies, Huw
McDonagh, Siobhain
Moon, Mrs Madeleine
Slaughter, Mr. Andrew
Todd, Mr. Mark
Waltho, Lynda

 
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      Question accordingly negatived.

New Clause 4

VICTIMS’ RIGHTS AND ENTITLEMENTS—SPECIAL TRIBUNALS

    ‘(1)   Before the Special Tribunal established under section 8 sentences an applicant who pleads guilty or is found guilty of an offence, it shall give an opportunity for a victim, or the family of a victim, to make representations to it.

    (2)   In passing sentence, the Special Tribunal shall take into account any representations made to it under subsection (1).’. —[Mr. Peter Robinson.]

Brought up, and read the First time.

Motion made, and Question put, That the clause be read a Second Time:—

The Committee divided: Ayes 11, Noes 16.

[Division No. 55]

AYES

Bellingham, Mr. Henry
Donaldson, Mr. Jeffrey M.
Durkan, Mark
Ellwood, Mr. Tobias
Hermon, Lady
Hunt, Mr. Jeremy
Öpik, Lembit
Robertson, Mr. Laurence
Robinson, Mr. Peter
Wallace, Mr. Ben
Wilson, Sammy

NOES

Anderson, Mr. David
Banks, Gordon
Brown, Mr. Russell
Coaker, Mr. Vernon
Cooper, Rosie
Foster, Mr. Michael
      (Worcester)
Hanson, Mr. David
Harris, Mr. Tom
Hendrick, Mr. Mark
Hillier, Meg
Irranca-Davies, Huw
McDonagh, Siobhain
Moon, Mrs Madeleine
Slaughter, Mr. Andrew
Todd, Mr. Mark
Waltho, Lynda

Question accordingly negatived.

Mr. Hanson: On a point of order, Mr. Taylor. On behalf of the entire Committee—I hope—I express my gratitude to you and your co-Chairman, Sir Nicholas, for the way in which you have chaired the Committee.

I also pass on our grateful thanks to the Clerk, Mr. Sandall, and his team for the efficient way in which they have managed the amendments. I also thank Hansard, which has done, as ever, a fine job, and also the doorkeepers and the police, who have kept order.

I particularly thank all hon. Members for their co-operation in Committee. I know that strong passions have been generated. I simply say to Opposition Members that they have fulfilled their duty to challenge the Government, and they have done so in an exemplary manner. I hope that those hon. Members who have now had their first experience of a Committee enjoyed it. I also thank my officials and my hon. Friends for their support and their contributions.

Although the Bill leaves Committee as it entered it, I hope that our debates have shown that there are issues on which the Government will reflect. I look forward, after a restful Christmas break, to returning in the new year to deal with those matters on Report and Third Reading.


 
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Mr. Robertson: Further to that point of order, Mr. Taylor. I echo the Minister’s thanks, particular to you and Sir Nicholas for your chairmanship.

I thank the Minister for the way in which he has dealt with the Bill. I think that he took every intervention that was asked of him. I look forward to him returning on Report with one or two of Opposition Members’ suggested improvements.

Lembit Öpik: Further to that point of order, Mr. Taylor. I associate myself and the Liberal Democrats with the Minister’s comments. [Interruption.] No doubt those are well wishers telephoning as we speak. I also echo the comments of the hon. Member for Tewkesbury. It is disappointing that not a single amendment has been made to the Bill, but the Minister has done a good job in impossible circumstances. Although we may hate the sin, we still love the sinner.

Lady Hermon: Further to that point of order, Mr. Taylor. I despise and have utter contempt for this legislation and I am ashamed of my own Government for taking it forward. Nevertheless, I want to put on the record my deep appreciation of your chairmanship, Mr. Taylor, and of that of Sir Nicholas, especially during the late hours of Tuesday, for which we have already expressed our appreciation. I thank the Clerks, his officials and Hansard, and to everyone else who has contributed by supplying us with water, little notes and encouragement.

As I have said, I despise Bill, but I appreciate the efforts that Opposition Members and the Social Democratic and Labour party Members have made to improve the Bill. I am only sorry that the Minister did not stretch himself more to improve the Bill by accepting amendments. He will come back to us on Report, and I hope that over the Christmas break he will reflect and be generous in responding to victims’ concerns and the concerns of all hon. Members who are deeply concerned by the legislation, even at the end of the Committee stage.

Mr. Robinson: Further to that point of order, Mr. Taylor. I would not like the occasion to pass without expressing to you and Sir Nicholas my appreciation and that of my colleagues for the way in which you have conducted the proceedings. We warmly
 
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appreciate how you have been able to keep us cool when tempers could easily have become considerably heated. I join other members of the Committee who have expressed their appreciation to the officials and police and so on. We thought at one stage that we might have an all-night sitting. We ended up with a late-night sitting, but still managed to complete our work.

Although the Minister has been pleasant, mild and mannerly throughout our whole proceedings, not even his excellent disposition could make anyone from Northern Ireland—save the terrorists—swallow this legislation. He really will have to do better when the Bill is discussed on Report. I hope that he will take the opportunity to do so.

Mark Durkan: Further to that point of order, Mr. Taylor. I join other hon. Members in extending thanks to you and Sir Nicholas for helping us throughout our proceedings. I thank everyone else who has supported the Committee in its task, such as the Clerk, his staff, and others.

I dissociate myself from the Minister’s compliments to his hon. Friends for providing support. I am glad that the Minister counted me as an hon. Friend on a couple of occasions during our debates, but I want to make clear my position on the Bill. Like others, I find it disgraceful and disgusting. I am appalled that it is the first Bill in which I have been involved in a Committee stage in this Parliament. We shall debate it further at other stages.

Like other hon. Members, I acknowledge the Minister’s forbearance. Each sitting of the Committee was, in effect, a punishment meeting for him—and deservedly so, given the nature of the Bill—but I accept the good grace with which he has conducted his contributions.

The Chairman: I wish all parliamentary colleagues, staff and visitors a relaxing intervention-free Christmas and a legislatively productive new year. That concludes the Committee’s proceedings on the Northern Ireland (Offences) Bill.

Bill to be reported, pursuant to the Order of the House [23 November].

Committee rose at thirteen minutes past Four o’clock.


 
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Prepared 16 December 2005