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Lord Bach moved Amendment No. 29:


On Question, amendment agreed to.

Clause 123 [Orders and regulations]:

Lord Bach moved Amendment No. 30:


    Page 58, line 33, leave out ("1(2)(b)") and insert (" 2(2)").

The noble Lord said: My Lords, in moving Amendment No. 30 I wish to speak also to Amendments Nos. 32, 33, 36 and 37.

The substantive amendments in this group are to Schedule 1 to the Bill. Noble Lords will recall that Schedule 1 is a mechanism for keeping alive the Northern Ireland (Emergency Provisions) Act between Royal Assent and the commencement of Part VII of the Bill next year.

When the Bill was introduced, we had to bear in mind two possibilities. The first--perhaps a rather optimistic one--was that Royal Assent would be received before 15th June, the second that Royal Assent would be after that date. Schedule 1 was therefore drafted to cover both scenarios.

Now that Royal Assent will obviously be after 15th June, we consider that these technical provisions are best redrafted so as to proceed on that basis. We hope that in doing so we have made Schedule 1 easier for the reader to follow. I beg to move.

On Question, amendment agreed to.

[Amendment No. 31 not moved.]

20 Jun 2000 : Column 214

Clause 128 [Commencement]:

Lord Bach moved Amendment No. 32:


    Page 59, line 33, leave out ("2(2)") and insert (" 2(1)(b) and (2)").

The noble Lord said: My Lords, this amendment has already been spoken to. I beg to move.

On Question, amendment agreed to.

Clause 129 [Transitional provisions]:

Lord Bach moved Amendment No. 33:


    Page 60, line 3, leave out subsection (2) and insert--


("(2) Where--
(a) a person is detained by virtue of a provision of the Northern Ireland (Emergency Provisions) Act 1996 (as continued in force by virtue of Schedule 1 to this Act), and
(b) the provision ceases to have effect,
he shall be treated as lawfully detained under any corresponding provision of this Act.").

The noble Lord said: My Lords, this amendment has already been spoken to. I beg to move.

On Question, amendment agreed to.

Lord Bach moved Amendment No. 34:


    Page 60, line 29, at end insert--


("(8) Section (Consent to prosecution) shall apply to the institution of proceedings after commencement of that section whether the offence to which the proceedings relate (which may, by virtue of subsection (4) above, be an offence under a provision repealed by this Act) is alleged to have been committed before or after commencement of that section.").

The noble Lord said: My Lords, this amendment was spoken to with Amendment No. 27. I beg to move.

On Question, amendment agreed to.

[Amendment No. 35 not moved.]

Schedule 1 [Northern Ireland (Emergency Provisions) Act 1996:

Lord Bach moved Amendments Nos. 36 and 37:


    Page 61, line 5, leave out paragraphs 1 to 3 and insert--


("1.--(1) This paragraph applies to any of the following if and in so far as it is in force immediately before the passing of this Act by virtue of an order under section 62(3) of the Northern Ireland (Emergency Provisions) Act 1996 (duration)--
(a) a provision of the Northern Ireland (Emergency Provisions) Act 1996 (other than one mentioned in sub-paragraph (2)),
(b) a provision of the Prevention of Terrorism (Temporary Provisions) Act 1989, and
(c) section 4 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (forfeiture orders).
(2) This paragraph does not apply to the following provisions of the Northern Ireland (Emergency Provisions) Act 1996--
(a) section 26(1)(b) (power of entry on authority of Secretary of State),
(b) section 35 (wearing of hoods), and
(c) section 50 (explosives factories).
2.--(1) A provision to which paragraph 1 applies shall continue in force for the period of 12 months starting with the day on which this Act is passed.
(2) The Secretary of State may by order provide for a provision to which paragraph 1 applies to continue in force for the period of 12 months immediately following the period mentioned in sub-paragraph (1).

20 Jun 2000 : Column 215


3.--(1) The powers under section 62(3)(a) and (c) of the Northern Ireland (Emergency Provisions) Act 1996 shall continue to be exercisable in relation to a provision to which paragraph 1 applies in respect of any period falling within--
(a) the period mentioned in paragraph 2(1), or
(b) a period specified in relation to that provision under paragraph 2(2).
(2) The power under section 62(3)(b) of the Northern Ireland (Emergency Provisions) Act 1996 shall continue to be exercisable in relation to a provision to which paragraph 1 applies at any time during--
(a) the period mentioned in paragraph 2(1), or
(b) a period specified in relation to that provision under paragraph 2(2).
3A. The Secretary of State may by order provide for a provision to which paragraph 1 applies--
(a) to cease to have effect on a specified day;
(b) to cease to be capable of being the subject of an order under section 62(3) of the Northern Ireland (Emergency Provisions) Act 1996.
3B. The continuance in force of a provision by virtue of paragraph 2 is subject to any order made by virtue of paragraph 3 or 3A.
3C.--(1) A provision of the Northern Ireland (Emergency Provisions) Act 1996 to which paragraph 1 does not apply shall continue to have effect for the purposes of, or in so far it relates to, any provision to which that paragraph does apply.
(2) While Part I of Schedule 1 to that Act (scheduled offences) has effect by virtue of this Schedule, the following shall also have effect--
(a) Part III of that Schedule (extra-territorial offences), and
(b) sections 3, 10 and 11 of that Act so far as they relate to offences which are scheduled offences by virtue of that Part.").


    Page 61, line 41, leave out ("paragraph 1(2)") and insert ("this Schedule").

The noble Lord said: My Lords, these amendments were both spoken to with Amendment No. 30. I beg to move.

On Question, amendments agreed to.

Lord Bach moved Amendment No. 38:


    Page 62, line 2, leave out ("(4)") and insert ("(5)").

The noble Lord said: My Lords, in moving Amendment No. 38 I wish to speak also to Amendments Nos. 42, 43, 44, 45, 52 and 53. This amendment and the others in this group are minor and technical drafting amendments. They do not change the effect of the Bill in any way. Of course I would be happy to explain each of them further if noble Lords wish. I beg to move.

On Question, amendment agreed to.

Lord Bach moved Amendment No. 39:


    Page 62, line 38, leave out from ("may") to ("appeal") in line 39.

The noble Lord said: My Lords, in moving Amendment No. 39 I wish to speak also to Amendments Nos. 40, 50 and 51.

One of the improvements this Bill makes to the EPA is to introduce a right of appeal against a refusal by the Secretary of State to grant a licence to a person wishing to provide private security service in Northern Ireland. A refusal to issue a licence may be based on sensitive

20 Jun 2000 : Column 216

intelligence--the purpose of the licensing regime is to prevent funds being raised for paramilitary organisations.

The Bill ensures a right of appeal to the High Court but where there is a need to protect intelligence material the Secretary of State may certify that the refusal to issue the licence was to prevent funds reaching the paramilitaries. When such a certificate is issued, the High Court proceedings stop and the appellant may, if he chooses, appeal to the tribunal established under the 1998 Northern Ireland Act. That tribunal's proceedings are governed by rules made by the Lord Chancellor. Amendments Nos. 40 and 51 provide for those rules to have effect with the changes necessary to reflect the expansion of the tribunal's remit, subject to any later changes to the rules themselves.

Amendments Nos. 39 and 50 are minor drafting changes to clarify the position that the tribunal rules are indeed the rules which will apply in private security services cases. Without these amendments, we are concerned that the impression might be given that we intend to make separate rules. I trust that these are uncontroversial amendments. I beg to move.

On Question, amendment agreed to.

Lord Bach moved Amendment No. 40:


    Page 62, line 42, at end insert--


("(8) Rules made under section 91 or 92 of that Act which are in force immediately before the passing of this Act shall have effect in relation to a certificate under sub-paragraph (5)--
(a) with any necessary modifications, and
(b) subject to any later rules made by virtue of sub-paragraph (7)(b).").

The noble Lord said: My Lords, this amendment was spoken to with Amendment No. 39. I beg to move.

On Question, amendment agreed to.

Schedule 2 [Proscribed Organisations]:

[Amendment No. 41 not moved.]

7 p.m.

Schedule 4 [Forfeiture Orders]:


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