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Lord Dubs moved Amendment Nos. 326 to 334:


Page 61, leave out lines 21 and 22.
Page 61, line 24, at beginning insert--
("( ) A reference to an Act or enactment of the Parliament of Northern Ireland shall be construed as including a reference to an Order in Council under section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972.").
Page 61, line 29, leave out ("established under section 1 of the Northern Ireland Assembly Act 1973") and insert ("so established").
Page 61, line 31, at end insert--
("( ) A reference to a Measure of the Assembly so established shall be construed as including a reference to an Order in Council under paragraph 1 of Schedule 1 to the Northern Ireland Act 1974.").
Page 62, line 1, leave out ("4") and insert ("5").
Page 62, line 27, at end insert--
("( ) References to Northern Ireland Executive authorities shall be construed as references to Ministers and the Northern Ireland departments.").
Page 63, line 1, after ("shall") insert (", in relation to a function,").
Page 63, line 2, leave out ("that department") and insert ("the department which exercises that function").
Page 63, line 10, leave out ("in") and insert ("of").

The noble Lord said: I beg to move Amendments Nos. 326 to 334 en bloc. These amendments concern the construction of references in existing laws. The government amendments to the clause are consequential, drafting or technical.

On Question, amendments agreed to.

Schedule 12, as amended, agreed to.

Schedule 13 [Minor and consequential amendments]:

Lord Dubs moved Amendments Nos. 334A to 342A:


Page 64, line 22, leave out ("71(1)(b)") and insert ("(Provision dealing with certain reserved matters)").
Page 64, line 23, at end insert--

("Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12))

. In Part II of Schedule 1 to the Statutory Rules (Northern Ireland) Order 1979 (rule-making authorities), for "section 40 of and paragraph 4 of Schedule 5 to the Northern Ireland Constitution Act 1973" substitute "section 77(5) of and paragraph 8 of Schedule 12 to the Northern Ireland Act 1998".").

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Page 64, line 23, at end insert--
("Mental Health Act 1983 (c.20)

.--(1) The Mental Health Act 1983 shall be amended as follows.
(2) In section 134(3)(a) (correspondence of patients), after "Parliament" insert "or of the Northern Ireland Assembly".
(3) In section 141 (members of the House of Commons suffering from mental illness), after subsection (9) insert--
"(10) This section also has effect in relation to members of the Northern Ireland Assembly but as if--
(a) references to the House of Commons were to the Assembly and references to the Speaker were to the Presiding Officer; and
(b) in subsection (7), for "provided by Parliament" there were substituted "appropriated by Act of the Assembly"."").
Page 64, line 23, at end insert--
("Insolvency Act 1986 (c.45)

. In section 427 of the Insolvency Act 1986 (members of the House of Commons who are adjudged bankrupt etc.), after subsection (6B) insert--
"(6C) Subsection (1), as applied to a member of the Northern Ireland Assembly by virtue of section 28(4) of the Northern Ireland Act 1998, has effect as if "or Northern Ireland" were omitted; and subsections (4) to (6) have effect in relation to such a member as if--
(a) references to the House of Commons were to the Assembly and references to the Speaker were to the Presiding Officer; and
(b) in subsection (4), for "under this section" there were substituted "under section 28(4) of the Northern Ireland Act 1998 by virtue of this section"."").
Page 64, line 23, at end insert--
("Copyright, Designs and Patents Act 1988 (c.48)

.--(1) The Copyright, Designs and Patents Act 1988 shall be amended as follows.
(2) In section 12(9) (duration of copyright in literary, dramatic, musical or artistic works), for "166A" substitute "166B".
(3) In section 153(2) (qualification for copyright protection), for "166A" substitute "166B".
(4) In section 163(6) (Crown copyright), for "166A" substitute "166B".
(5) In section 164(1) (Crown copyright in Acts of Parliament, etc.), after "Scottish Parliament" insert ", Act of the Northern Ireland Assembly".
(6) After section 166A insert--
"Copyright in Bills of the Northern Ireland Assembly.
166B.--(1) Copyright in every Bill introduced into the Northern Ireland Assembly belongs to the Northern Ireland Assembly Commission.
(2) Copyright under this section subsists from the time when the text of the Bill is handed in to the Assembly for introduction--
(a) until the Bill receives Royal Assent, or
(b) if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it.
(3) References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.

27 Oct 1998 : Column 1884


(4) No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Assembly."
(7) In the definition of "parliamentary proceedings" in section 178 (definitions), the words ", of the New Northern Ireland Assembly" shall cease to have effect.
(8) In section 179 (index of defined expressions), in column 2 of the entry for "Parliamentary copyright", for "and 166A(3)" substitute "166A(3) and 166B(3)".").
Page 64, line 38, at end insert--
("( ) In section 9(6) (approval of Code of Practice), for "section 27(2) of the Northern Ireland Constitution Act 1973" substitute "section 24(1) or (2) of the Northern Ireland Act 1998".").
Page 65, line 12, at end insert--
("Environment and Safety Information (Northern Ireland) Order 1993 (S.I. 1993/3159 (N.I.14))

. In the second column of Schedule 1 to the Environment and Safety Information (Northern Ireland) Order 1993 (enforcing authorities), for "section 43(2) of the Northern Ireland Constitution Act 1973" substitute "section 4(1) of the Northern Ireland Act 1998".").
Page 65, line 12, at end insert--
("Olympic Symbol etc. Protection Act 1995 (c.32)

. In section 4(16) of the Olympic Symbol etc. Protection Act 1995 (definitions), in the definition of "Royal Commission", for "by the Secretary of State in pursuance of the prerogative powers of Her Majesty delegated to him under section 7(2) of the Northern Ireland Constitution Act 1973" substitute "by a Minister, within the meaning of the Northern Ireland Act 1998, or Northern Ireland department in pursuance of the prerogative powers of Her Majesty exercisable by the Minister or department under section 18 of that Act".).
Page 65, line 40, at end insert--
("Northern Ireland (Elections) Act 1998 (c.12)

12. In Schedule 1 to the Northern Ireland (Elections) Act 1998 (the Assembly), for paragraph 8 substitute--
"8.--(1) For the purposes of the law of defamation, absolute privilege shall attach to--
(a) the making of a statement in proceedings of the Assembly; and
(b) the publication of a statement under the Assembly's authority.
(2) In this paragraph "statement" has the same meaning as in the Defamation Act 1996."").
Page 65, line 40, at end insert--
("Data Protection Act 1998 (c.29)

.--(1) In paragraph 4 of Schedule 7 to the Data Protection Act 1998 (miscellaneous exceptions), for "Northern Ireland department" substitute "Northern Ireland authority".
(2) Renumber that paragraph (as so amended) as sub-paragraph (1) and after that provision as so renumbered insert--
"(2) In this paragraph "Northern Ireland authority" means the First Minister, the deputy First Minister, a Northern Ireland Minister or a Northern Ireland department."").

The noble Lord said: I beg to move Amendments Nos. 334A to 342A. This series of amendments deals with minor and consequential amendments following on from the Bill. The grouping list does not include a number of amendments to the schedule which were covered in earlier debates. The main one was Amendment No. 342 which the Committee may recall provided the shadow Assembly with full privilege from the date of Royal Assent rather than the qualified privilege provided for in the elections Act. The other amendments are, as the title

27 Oct 1998 : Column 1885

to the schedule suggests, purely minor and consequential. Perhaps the most important is Amendment No. 338 which confers on the Northern Ireland Assembly Commission copyright in Bills of the Assembly.

On Question, amendments agreed to.

Schedule 13, as amended, agreed to.

Schedule 14 [Transitional provisions and savings]:


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