Police (Northern Ireland) Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Allowances

 10      The council may pay to the chairman, vice-chairman and other members of a sub-group such allowances as the council, with the approval of the Board, may determine.
 

Indemnities

 11      The council may indemnify a member of a sub-group in respect of liability incurred by him in connection with the business of the sub-group.
 

Insurance against accidents

 12   (1)   The council may insure against risks of a member of a sub-group meeting with a personal accident, whether fatal or not, while he is engaged on the business of the sub-group.
(2)      Sub-paragraph (3) applies if the council receives a sum under any such insurance in respect of an accident to a member of the sub-group.
(3)      The council shall pay the sum to the member or his personal representatives, after deducting any expenses incurred in its recovery.
(4)      The provisions of the Life Assurance Act 1774 as extended by the Life Insurance (Ireland) Act 1866 do not apply to any insurance under this paragraph.
 

Finance

 13      The Board shall for each financial year make to the council a grant equal to three-quarters of the expenses reasonably incurred by the council in that year in connection with the establishment of, or the exercise of functions by, sub-groups.
 

Procedure

 14   (1)   The quorum for a meeting of a sub-group shall be 5.
(2)      Every question at a meeting of a sub-group shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of the votes, the chairman of the meeting shall have a second or casting vote.
(3)      If the chairman and vice-chairman are absent from a meeting of a sub-group, the members present shall elect one of their number to act as chairman of the meeting.
(4)      Subject to sub-paragraphs (1) to (3) and to section 19 and to any directions given by the partnership, a sub-group may regulate its own procedure.
 

Validity of proceedings

 15      The validity of any proceedings of a sub-group or a committee thereof shall not be affected by—
(a)  any defect in the appointment of the chairman or vice-chairman or any other member; or
(b)  any vacancy in the office of chairman or vice-chairman or among the other members.
 

Disclosure of pecuniary interests, family connections, etc.

 16      Sections 28 to 33, 42, 46, 47 and 146 of the Local Government Act (Northern Ireland) 1972 (and section 148 of that Act so far as applying for the interpretation of those sections) apply to a sub-group and its members as if—
(a)  in those sections—
(i)  any reference to a council were a reference to the sub-group;
(ii)  any reference to a councillor were a reference to a member of the sub-group;
(iii)  any reference to the clerk of the council were a reference to the person acting as secretary of the sub-group;
(b)  in section 28(4) of that Act for the words from "by any local elector" to the end there were substituted the words "by any person";
(c)  in section 29 of that Act any reference to the Minister were a reference to the Secretary of State.
 

Committees

 17   (1)   A sub-group may constitute a committee of its members.
(2)      A sub-group shall constitute a committee of its members if directed to do so by the partnership.
(3)      A committee of a sub-group shall consist of 5 or more members of the sub-group.
(4)      The members of a committee of a sub-group shall be appointed by the sub-group.
(5)      A sub-group may delegate any of its functions to a committee constituted by it.
(6)      The powers of a committee of a sub-group shall be exercised in accordance with and subject to directions given by the sub-group.
(7)      The proceedings of a committee of a sub-group shall be regulated in accordance with and subject to directions given by the sub-group.
(8)      The approval of the partnership is required to—
(a)  the constitution of a committee under sub-paragraph (1);
(b)  the members of a committee of a sub-group to be appointed under sub-paragraph (4);
(c)  the functions to be delegated to a committee under sub-paragraph (5);
(d)  the exercise by a committee of any functions delegated to it under sub-paragraph (5);
(e)  the directions to be given to a committee under sub-paragraphs (6) and (7)."
 14      In Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (N.I. 7) after the entry for the Staff Commission for Education and Library Boards insert—
       "A sub-group established under section 21 of the Police (Northern Ireland) Act 2000."
 15      In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c.36) at the appropriate place in alphabetical order insert—
 "A sub-group established under section 21 of the Police (Northern Ireland) Act 2000."
 16   (1)   Sub-paragraphs (4) and (5) have effect in relation to the transitional period.
(2)      The transitional period is the period—
(a)  beginning on the date on which this Schedule comes into force;
(b)  ending on the date of the next local general election after that date.
(3)      "Local general election" has the same meaning as in the Electoral Law Act (Northern Ireland) 1962.
(4)      In paragraph 17 of Schedule 3 to the Police (Northern Ireland) Act 2000 (inserted by paragraph 12 above) after sub-paragraph (2) insert—
"(2A)      In paragraph 3, after sub-paragraph (4) insert—
"(4A)      The council may, with the approval of the Board, terminate the appointment of a political member if it appears to the council to be necessary or expedient to do so in order to enable it to comply with paragraph 2(6)."
(2B)      In paragraph 3(5), after paragraph (a) insert—
"(aa)  his appointment is terminated under sub-paragraph (4A);".
(2C)      In paragraph 3(6), after "expires" insert ", whose appointment is terminated under sub-paragraph (4A)"."
(5)      In Schedule 3A to the Police (Northern Ireland) Act 2000 (inserted by paragraph 13 above), in paragraph 4(1) after "among" insert "(a)" and after "paragraph 5" insert—
  "; and
(b)  persons who hold office as independent members of the partnership"."
 

COMMONS AMENDMENT NO. 52

52AThe Lord Glentoran to move, as an amendment to the motion that the House do agree with the Commons in their Amendment No. 52, leave out "agree" and insert "disagree".
4Page 6, line 26, leave out from "to" to end of line 27 and insert "a special purposes committee."
5Page 6, line 42, leave out from second "to" to end of line 43 and insert "a special purposes committee."
6Page 7, line 1, leave out second "the" and insert "a"
7Page 7, line 2, leave out from "shall" to end of line 5 and insert "prepare a summary of the information.
(4F)  The Chief Constable shall try to obtain the agreement of the committee to the terms of the summary.
(4FA)  If the committee agrees to the terms of the summary, the Chief Constable shall include the summary in the report to the Board."
8Page 7, line 7, leave out second "the" and insert "a"
9Page 8, line 23, leave out "(2) and" and insert "(1A) to"
10Page 8, line 23, at end insert—
"(1A)  In sub-paragraph (3) for "that day" substitute "the day on which the chairman calls the meeting"."
11Page 8, line 34, leave out "held" and insert "called"
12Page 9, line 30, leave out ", or information contained in a document,"
16Page 11, line 35, after "information", insert "and documents"
17Page 12, line 3, after "information", insert "is—
(a)  information the disclosure of which would be likely to put an individual in danger, or
(b)  information which"
 

COMMONS AMENDMENT NO. 17

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN
THE LORD ROGAN
THE LORD MAGINNIS OF DRUMGLASS

17ALine 3, at end insert—
"(aa)  information the disclosure of which would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders,"
18Page 12, leave out lines 5 to 11
19Page 12, line 12, leave out "or the committee"
20Page 12, line 20, leave out "or the committee"
21Page 12, line 21, leave out "recipient of the information" and insert "Board"
25Page 13, line 7, after "(2),", insert "(2A),"
26Page 13, line 15, at end insert—
"(2A)  The circumstances are that—
(a)  the information is supplied by the Chief Constable under section 33A to the Board;
(b)  the Chief Constable informs the Board that, in his opinion,   the information is information of a kind mentioned in section 33A(5)(a) or (b)."
 

COMMONS AMENDMENT NO. 26

THE LORD GLENTORAN
THE VISCOUNT BRIDGEMAN

26ALine 4, at end insert—
"(aa)  the Chief Constable informs the Board that, in his opinion, the information would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders;"
27Page 13, line 18, leave out "33A or"
28Page 13, line 18, leave out from second "or" to end of line 19 and insert "a special purposes committee;"
29Page 13, line 20, leave out from "committee" to "that" in line 21
30Page 13, line 22, leave out "section 33A(5)(a) or (b) or"
31Page 13, line 26, after "section 60" insert "or by a person who is assisting or has assisted in the conduct of such an inquiry"
32Page 13, line 26, leave out from "to" to end of line 27 and insert "a special purposes committee;"
33Page 13, line 32, leave out from "is" to "except" in line 33 and insert "assisting or has assisted in the conduct of the inquiry"
34Page 13, line 34, leave out "member of the staff of the Board" and insert "person"
35Page 13, line 38, leave out from "Ombudsman" to end of line 39 and insert ", or an officer of the Ombudsman, in connection with any function of the Ombudsman;"
36Page 13, line 40, leave out from "to" to end of line 41 and insert "a special purposes committee;"
37Page 14, line 4, at end insert "(2A),"
38Page 14, line 10, leave out from "to" to "to" in line 11 and insert "a special purposes committee,"
39Page 14, line 16, leave out from "Ombudsman" to end of line 17 and insert ", or an officer of the Ombudsman, in connection with any function of the Ombudsman;"
40Page 14, line 31, after "Schedule 1", insert "; and
 "officer of the Ombudsman" has the meaning given by section 50(1) of the 1998 Act"
41Page 14, line 31, at end insert—
"(9)  In section 59(5) of the Police (Northern Ireland) Act 2000 (c.32) at the beginning insert "Subject to section 74A(6)"."
42Page 14, line 36, leave out "and (1B)" and insert "to (1E)"
43Page 14, leave out lines 38 to 45 and insert—
""(1A)  The Board shall constitute a committee of its members for the purposes mentioned in sub-paragraph (1B) if—
(a)  the Chief Constable informs the Board that he wishes to supply information to a committee of the Board under section 59(4D),
(b)  the Secretary of State informs the Board that he proposes to modify a requirement to submit a report under section 59(1) for the purpose mentioned in section 59(4A)(b), or
(c)  a person who is conducting or has conducted an inquiry under section 60, or who is assisting or has assisted in the conduct of such an inquiry, informs the Board that he wishes to disclose information to a committee of the Board under section 74A(5).
(1B)  The purposes are—
(a)  handling information supplied to the committee by the Chief Constable under section 59;
(b)  handling information supplied to it by a person who is conducting or has conducted an inquiry under section 60 or by a person who is assisting or has assisted in the conduct of such an inquiry.
(1C)  The Board may not constitute a committee of its members for the purposes mentioned in sub-paragraph (1B) if a committee of its members has already been constituted for those purposes under sub-paragraph (1) or (1A).
(1D)  A committee constituted under sub-paragraph (1) or (1A) for the purposes mentioned in sub-paragraph (1B) shall consist of 7 members of the Board.
(1E)  The members of a committee constituted under sub-paragraph (1) or (1A) for the purposes mentioned in sub-paragraph (1B)—"
44Page 15, line 3, at end insert—
"(4)  In section 77(1) of the Police (Northern Ireland) Act 2000 (interpretation) at the appropriate place insert—
 ""special purposes committee" means a committee constituted by the Board under paragraph 24(1) or (1A) of Schedule 1 for the purposes mentioned in paragraph 24(1B) of that Schedule;"."

 
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3 April 2003