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Northern Ireland (Monitoring Commission etc.) Bill [HL]


Northern Ireland (Monitoring Commission etc.) Bill [HL]

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Other provisions

 6     Reduction of remuneration

     (1)    After section 47 of the Northern Ireland Act 1998 (c. 47) there is inserted—

       “47A            Resolutions about reduction of remuneration

           (1)           If, in relation to the salary payable under section 47 to a Minister or

5

junior Minister, the Assembly resolves that the whole or a specified

part of the salary payable for a specified period shall not be payable—

                  (a)                 because he is not committed to non-violence and exclusively

peaceful and democratic means, or

                  (b)                 because of any failure of his to observe any other terms of the

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pledge of office,

                         the salary payable to him under that section shall be reduced

accordingly.

           (2)           If, in relation to the salaries payable under section 47 to members of the

Assembly who are members of a particular political party, the

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Assembly resolves that the whole or a specified part of the salaries

payable for a specified period shall not be payable—

                  (a)                 because that party is not committed to non-violence and

exclusively peaceful and democratic means, or

                  (b)                 because it is not committed to such of its members as are or

20

might become Ministers or junior Ministers observing the other

terms of the pledge of office,

                         the salaries payable to them under that section shall be reduced

accordingly.

           (3)           The Assembly may, before the end of the period by reference to which

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a reduction under subsection (1) or (2) falls to be made, by resolution

extend that period.

           (4)           The Assembly may, before the end of the period by reference to which

provision for non-payability under section 47B(2) or (5) applies, by

resolution extend that period.

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           (5)           The period by reference to which a reduction under subsection (1) or (2)

falls to be made shall come to an end if the Assembly—

                  (a)                 is dissolved; or

                  (b)                 resolves to bring the reduction to an end.

           (6)           A motion for a resolution under this section shall not be moved

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unless—

                  (a)                 it is supported by at least 30 members of the Assembly;

                  (b)                 it is moved by the First Minister and the deputy First Minister

acting jointly; or

                  (c)                 it is moved by the Presiding Officer in pursuance of a notice

40

under subsection (7).

           (7)           If the Secretary of State is of the opinion that the Assembly ought to

consider a resolution under this section, he shall serve a notice on the

Presiding Officer requiring him to move a motion for such a resolution.

 

 

Northern Ireland (Monitoring Commission etc.) Bill [HL]

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           (8)           In forming an opinion under subsection (7), the Secretary of State shall

in particular take into account the matters listed in section 30(7).

           (9)           A resolution under this section shall not be passed without cross-

community support.

           (10)          In this section, a reference to—

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                  (a)                 the period by reference to which a reduction under subsection

(1) or (2) falls to be made, or

                  (b)                 the period by reference to which provision for non-payability

under section 47B(2) or (5) applies,

                         is, where the period has been extended, a reference to the period as

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extended.

       47B            Secretary of State’s powers in relation to reduction of remuneration

           (1)           This section applies if—

                  (a)                 the Monitoring Commission has, or members of that

Commission have under the agreement establishing it, made a

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report containing a recommendation about steps the Assembly

might consider taking;

                  (b)                 the taking of those steps by the Assembly requires the passing

by it of a resolution under section 47A(1), (2), (3) or (4) in

relation to a Minister, junior Minister or political party; and

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                  (c)                 the first motion for a resolution under that provision in relation

to the Minister, junior Minister or political party concerned that

is put to the vote after the making of the report does not attract

cross-community support.

           (2)           Where this section applies because of the failure of a motion for a

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resolution under section 47A(1), the Secretary of State may, in relation

to the salary payable under section 47 to the Minister or junior Minister

concerned, by direction provide that the whole or a specified part of the

salary payable for a specified period shall not be payable (subject to

subsection (4)).

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           (3)           Where this section applies because of—

                  (a)                 the failure of a motion for a resolution under section 47A(3) to

extend a period by reference to which a reduction under section

47A(1) falls to be made, or

                  (b)                 the failure of a motion for a resolution under section 47A(4) to

35

extend a period by reference to which provision for non-

payability under subsection (2) applies,

                         the Secretary of State may, before the end of that period, by direction

extend that period (subject to subsection (4)).

           (4)           The Secretary of State may exercise the power under subsection (2) or

40

(3) only if he is satisfied that the Minister or junior Minister

concerned—

                  (a)                 is not committed to non-violence and exclusively peaceful and

democratic means; or

                  (b)                 has failed to observe any other terms of the pledge of office.

45

           (5)           Where this section applies because of the failure of a motion for a

resolution under section 47A(2), the Secretary of State may, in relation

to the salaries payable under section 47 to members of the Assembly

 

 

Northern Ireland (Monitoring Commission etc.) Bill [HL]

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who are members of the political party concerned, by direction provide

that the whole or a specified part of the salaries payable for a specified

period shall not be payable (subject to subsection (7)).

           (6)           Where this section applies because of—

                  (a)                 the failure of a motion for a resolution under section 47A(3) to

5

extend a period by reference to which a reduction under section

47A(2) falls to be made, or

                  (b)                 the failure of a motion for a resolution under section 47A(4) to

extend a period by reference to which provision for non-

payability under subsection (5) applies,

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                         the Secretary of State may, before the end of that period, by direction

extend that period (subject to subsection (7)).

           (7)           The Secretary of State may exercise the power under subsection (5) or

(6) only if he is satisfied that the political party concerned—

                  (a)                 is not committed to non-violence and exclusively peaceful and

15

democratic means; or

                  (b)                 is not committed to such of its members as are or might become

Ministers or junior Ministers observing the other terms of the

pledge of office.

           (8)           The period by reference to which provision for non-payability under

20

subsection (2) or (5) applies shall come to an end if—

                  (a)                 the Secretary of State by direction so provides; or

                  (b)                 the Assembly is dissolved.

           (9)           In subsection (1)(a) “the Monitoring Commission” means the

Commission mentioned in section 1 of the Northern Ireland

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(Monitoring Commission) Act 2003.

           (10)          In this section, a reference to—

                  (a)                 the period by reference to which provision for non-payability

under subsection (2) or (5) applies, or

                  (b)                 the period by reference to which a reduction under section

30

47A(1) or (2) falls to be made,

                         is, where the period has been extended, a reference to the period as

extended.

       47C            Sections 47A and 47B: specified periods and extensions

           (1)           A period specified under section 47A(1) or (2) or 47B(2) or (5)—

35

                  (a)                 shall begin no earlier than the end of the day when the

resolution or direction specifying it is passed or given;

                  (b)                 shall begin no later than the end of the period of one month

beginning with that day; and

                  (c)                 shall not be longer than 12 months.

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           (2)           The power under section 47A(3) or (4) or 47B(3) or (6) to extend a period

is a power to extend it until the end of such period of not more than 12

months beginning with the date of the resolution, or direction, by

which the power is exercised as the resolution or direction may

provide.”

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     (2)    In section 48 of that Act (pensions of members), after subsection (2) there is

 

 

Northern Ireland (Monitoring Commission etc.) Bill [HL]

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inserted—

           “(2A)              Where any salary payable to a person under section 47 is not payable

because of either or both of sections 47A and 47B, any provision made

under this section for the payment of pensions which has effect in

relation to him shall apply as if the salary were payable.”

5

 7     Reduction of financial assistance

After section 51 of the Northern Ireland Act 1998 (c. 47) there is inserted—

       “51A            Resolutions about reduction of financial assistance

           (1)           If the Assembly resolves that the whole or a specified part of any

financial assistance payable for a specified period under the Financial

10

Assistance for Political Parties Act (Northern Ireland) 2000 to a

particular political party shall not be payable—

                  (a)                 because it is not committed to non-violence and exclusively

peaceful and democratic means, or

                  (b)                 because it is not committed to such of its members as are or

15

might become Ministers or junior Ministers observing the other

terms of the pledge of office,

                         the financial assistance payable to it under that Act shall be reduced

accordingly.

           (2)           The Assembly may, before the end of the period by reference to which

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a reduction under subsection (1) falls to be made, by resolution extend

that period.

           (3)           The Assembly may, before the end of the period by reference to which

provision for non-payability under section 51B(2) applies, by resolution

extend that period.

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           (4)           The period by reference to which a reduction under subsection (1) falls

to be made shall come to an end if the Assembly—

                  (a)                 is dissolved; or

                  (b)                 resolves to bring the reduction to an end.

           (5)           A motion for a resolution under this section shall not be moved

30

unless—

                  (a)                 it is supported by at least 30 members of the Assembly;

                  (b)                 it is moved by the First Minister and the deputy First Minister

acting jointly; or

                  (c)                 it is moved by the Presiding Officer in pursuance of a notice

35

under subsection (6).

           (6)           If the Secretary of State is of the opinion that the Assembly ought to

consider a resolution under this section, he shall serve a notice on the

Presiding Officer requiring him to move a motion for such a resolution.

           (7)           In forming an opinion under subsection (6), the Secretary of State shall

40

in particular take into account the matters listed in section 30(7).

           (8)           A resolution under this section shall not be passed without cross-

community support.

           (9)           In this section, a reference to—

 

 

Northern Ireland (Monitoring Commission etc.) Bill [HL]

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                  (a)                 the period by reference to which a reduction under subsection

(1) falls to be made, or

                  (b)                 the period by reference to which provision for non-payability

under section 51B(2) applies,

                         is, where the period has been extended, a reference to the period as

5

extended.

       51B            Secretary of State’s powers in relation to reduction of financial

assistance

           (1)           This section applies if—

                  (a)                 the Monitoring Commission has, or members of that

10

Commission have under the agreement establishing it, made a

report containing a recommendation about steps the Assembly

might consider taking;

                  (b)                 the taking of those steps by the Assembly requires the passing

by it of a resolution under section 51A(1), (2) or (3) in relation to

15

a political party; and

                  (c)                 the first motion for a resolution under that provision in relation

to the political party concerned that is put to the vote after the

making of the report does not attract cross-community support.

           (2)           Where this section applies because of the failure of a motion for a

20

resolution under section 51A(1), the Secretary of State may by direction

provide that the whole or a specified part of any financial assistance

payable for a specified period under the Financial Assistance for

Political Parties Act (Northern Ireland) 2000 to the political party

concerned shall not be payable (subject to subsection (5)).

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           (3)           Where this section applies because of the failure of a motion for a

resolution under section 51A(2) to extend the period by reference to

which a reduction under section 51A(1) falls to be made, the Secretary

of State may, before the end of that period, by direction extend that

period (subject to subsection (5)).

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           (4)           Where this section applies because of the failure of a motion for a

resolution under section 51A(3) to extend the period by reference to

which provision for non-payability under subsection (2) applies, the

Secretary of State may, before the end of that period, by direction

extend that period (subject to subsection (5)).

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           (5)           The Secretary of State may exercise the power under subsection (2), (3)

or (4) only if he is satisfied that the political party concerned—

                  (a)                 is not committed to non-violence and exclusively peaceful and

democratic means; or

                  (b)                 is not committed to such of its members as are or might become

40

Ministers or junior Ministers observing the other terms of the

pledge of office.

           (6)           The period by reference to which provision for non-payability under

subsection (2) applies shall come to an end if—

                  (a)                 the Secretary of State by direction so provides; or

45

                  (b)                 the Assembly is dissolved.

 

 

Northern Ireland (Monitoring Commission etc.) Bill [HL]

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           (7)           In subsection (1)(a) “the Monitoring Commission” means the

Commission mentioned in section 1 of the Northern Ireland

(Monitoring Commission) Act 2003.

           (8)           In this section, a reference to—

                  (a)                 the period by reference to which provision for non-payability

5

under subsection (2) applies, or

                  (b)                 the period by reference to which a reduction under section

51A(1) falls to be made,

                         is, where the period has been extended, a reference to the period as

extended.

10

       51C            Sections 51A and 51B: specified periods and extensions

           (1)           A period specified under section 51A(1) or 51B(2)—

                  (a)                 shall begin no earlier than the end of the day when the

resolution or direction specifying it is passed or given;

                  (b)                 shall begin no later than the end of the financial year in which

15

that day falls; and

                  (c)                 shall not be longer than 12 months.

           (2)           The power under section 51A(2) or (3) or 51B(3) or (4) to extend a period

is a power to extend it until the end of such period of not more than 12

months beginning with the date of the resolution, or direction, by

20

which the power is exercised as the resolution or direction may

provide.”

 8     Censure resolutions

After section 51C of the Northern Ireland Act 1998 (c. 47) there is inserted—

       “51D            Censure resolutions

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           (1)           This section applies to the following resolutions of the Assembly—

                  (a)                 a resolution censuring a Minister or junior Minister—

                        (i)                        because he is not committed to non-violence and

exclusively peaceful and democratic means; or

                        (ii)                       because of any failure of his to observe any other terms

30

of the pledge of office;

                  (b)                 a resolution censuring a political party—

                        (i)                        because it is not committed to non-violence and

exclusively peaceful and democratic means; or

                        (ii)                       because it is not committed to such of its members as are

35

or might become Ministers or junior Ministers observing

the other terms of the pledge of office.

           (2)           A motion for a resolution to which this section applies shall not be

moved unless—

                  (a)                 it is supported by at least 30 members of the Assembly;

40

                  (b)                 it is moved by the First Minister and the deputy First Minister

acting jointly; or

                  (c)                 it is moved by the Presiding Officer in pursuance of a notice

under subsection (3).

 

 

Northern Ireland (Monitoring Commission etc.) Bill [HL]

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           (3)           If the Secretary of State is of the opinion that the Assembly ought to

consider a resolution to which this section applies, he shall serve a

notice on the Presiding Officer requiring him to move a motion for such

a resolution.

           (4)           In forming an opinion under subsection (3), the Secretary of State shall

5

in particular take into account the matters listed in section 30(7).

           (5)           A resolution to which this section applies shall not be passed without

cross-community support.”

General

 9     Secretary of State’s directions: procedure etc

10

     (1)    After section 95 of the Northern Ireland Act 1998 (c. 47) there is inserted—

       “95A            Directions under sections 30A, 47B and 51B

           (1)           A direction under section 30A, 47B or 51B shall be in writing.

           (2)                         A copy of the document containing a direction under section 30A(8)(a),

47B(8)(a) or 51B(6)(a) shall be laid before Parliament after the direction

15

is given.

           (3)                         A direction under section 30A, 47B or 51B, other than one to which

subsection (2) above applies, shall not be given unless a draft of the

document containing it has been laid before and approved by

resolution of each House of Parliament.

20

           (4)           Subsection (3) does not apply to a direction if the direction declares that

the Secretary of State considers it expedient for the direction to be made

without the approval mentioned in that subsection, but subsections (5)

to (7) apply to the direction instead.

           (5)                         A copy of the document containing the direction shall be laid before

25

Parliament after the direction is given.

           (6)                         If the direction is not approved by each House of Parliament before the

end of the period of 40 days beginning with the date of the direction, it

shall cease to have effect at the end of that period if it has not already

ceased to have effect under subsection (7).

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           (7)                         If on any day during that period of 40 days either House of Parliament,

in proceedings on a motion that (or to the effect that) the direction be

approved, comes to a decision rejecting the direction, the direction shall

cease to have effect at the end of that day.

           (8)                         In calculating a period of 40 days for purposes of subsections (6) and

35

(7), no account is to be taken of any time during which—

                  (a)                 Parliament is dissolved or prorogued; or

                  (b)                 both Houses are adjourned for more than four days.

           (9)           If the document, or a draft of the document, containing a direction

under section 30A, 47B or 51B would, apart from this subsection, be

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treated for the purposes of the Standing Orders of either House of

Parliament as a hybrid instrument, it shall proceed in that House as if

it were not such an instrument.

 

 

 
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