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

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


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN
THE LORD LAIRD

1*Page 1, line 7, after "activity" insert "including human rights abuses"
 

Clause 5

 

THE LORD GLENTORAN

2Page 4, line 4, leave out from the beginning to "the" in line 17
 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN
THE LORD LAIRD

3*Page 4, line 4, leave out from beginning to end of page 5, line 5, and insert—
"(1)  The Secretary of State may, having regard to any report of the Monitoring Commission, any relevant proceedings in the Assembly and any other relevant matter, if he is satisfied that a Minister or a junior Minister is not committed to non-violence and exclusively peaceful and democratic means; or has failed to observe any other terms of the pledge of office, by direction, exclude the Minister or junior Minister from holding office as a Minister or junior Minister for such period of not less than three months and not more than twelve months beginning with the date of the direction, or as the direction may provide.
(2)  The Secretary of State may, having regard to any report of the Monitoring Commission, any relevant proceedings in the Assembly and any other relevant matter, if he is satisfied that a political party is not committed to non-violence and exclusively peaceful and democratic means; or 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, by direction exclude members of the political party concerned from holding office as a Minister or junior Minister for such period of not less than six months and not more than twelve months beginning with the date of the direction, or any as the direction may provide.
(3)  The Secretary of State may, having regard to any relevant proceedings in the Assembly, before any period of exclusion comes to an end extend it for a further period, in the case of an exclusion under section 30(1) or subsection (1) of this section of not less than three months and not more than twelve months, or in the case of an exclusion under section 30(2) or subsection (2) of this section for a further period of not less than six months and not more than twelve months, if he is satisfied that the Minister, junior Minister, or political party as the case may be, is not committed to non-violence and exclusively peaceful and democratic means; or is not committed to observance of the terms of the pledge of office."
 

THE LORD GLENTORAN

4Page 4, line 18, leave out "the Minister or Junior Minister concerned" and insert "a Minister or Junior Minister"
5Page 4, line 22, leave out from beginning to first "the" in line 23
6Page 4, line 24, leave out "the motion" and insert "a direction under subsection (2) or this subsection"
7*Page 4, line 33, at end insert—
"(   )  Before exercising the power under this section, the Secretary of State shall take full account of the recommendations of the Monitoring Commission."
8Page 4, line 34, leave out from beginning to "the" in line 35
9Page 4, line 36, leave out "the political party concerned" and insert "a political party"
10Page 4, line 40, leave out from beginning to first "the" in line 41
11Page 4, line 42, leave out "the motion" and insert "a direction under subsection (5) or (6)"
 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN
THE LORD LAIRD

12*Page 5, line 6, after "subsection" insert "(1) or"
13*Page 5, line 6, leave out "or (5)"
 

THE LORD GLENTORAN

14Page 5, line 10, leave out subsection (9)
 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN
THE LORD LAIRD

15*Page 5, line 10, leave out "(1)(a)" and insert "(1) or (2)"
 

After Clause 5

 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND
THE BARONESS HARRIS OF RICHMOND
THE LORD GLENTORAN

16Insert the following new Clause—
  "Secretary of State's powers in exceptional circumstances
  "After section 30A of the Northern Ireland Act 1998 (c. 47) there is inserted—
    "30BSecretary of State's powers in exceptional circumstances
    (1)  Notwithstanding the provisions of section 30A, under exceptional circumstances the Secretary of State may by direction temporarily exclude a Minister or junior Minister.
    (2)  An exclusion under subsection (1) shall only remain in effect until either—
    (a)  a report from the Commission has been made; or
    (b)  the Assembly has considered a resolution under 30(1) or (2); or
    (c)  a period of two weeks has elapsed.
    (3)  In subsection (1) "exceptional circumstances" include where—
    (a)  there is insufficient time for the Commission to make a report; and
    (b)  there is insufficient time for the Assembly to consider a resolution under section 30(1) or (2).
    (4)  A direction made under this section shall be in writing and shall be laid before Parliament after the direction is given.""
 

Clause 6

 

THE LORD GLENTORAN

17*Page 7, line 13, leave out from beginning to "the" in line 26
 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN
THE LORD LAIRD

18*Page 7, line 13, leave out from beginning to end of line 19 on page 8 and insert—
"(1)  The Secretary of State may, having regard to any report of the Monitoring Commission, any relevant proceedings in the Assembly and any other relevant matter, if he is satisfied that a Minister or a junior Minister is not committed to non-violence and exclusively peaceful and democratic means; or has failed to observe any other terms of the pledge of office, by direction, in relation to the salary payable under section 47 to the Minister or junior Minister, provide that the whole or a specified part of the salary payable for a specified period shall not be payable.
(2)  The Secretary of State may, having regard to any relevant proceedings in the Assembly, before any period specified under subsection (1) of this section comes to an end extend that period."
 

THE LORD GLENTORAN

19*Page 7, leave out lines 31 to 37
20*Page 7, line 45, at end insert—
"(   )  Before exercising the power under this section, the Secretary of State shall take full account of the recommendations of the Monitoring Commission."
21*Page 7, line 46, leave out from beginning to "the" in line 47
22*Page 8, leave out lines 4 to 10
 

THE LORD SMITH OF CLIFTON
THE LORD SHUTT OF GREETLAND
THE BARONESS HARRIS OF RICHMOND

23*Page 8, line 46, leave out subsection (2)
 

Clause 7

 

THE LORD GLENTORAN

24*Page 10, line 9, leave out from beginning to "the" in line 21
 

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN
THE LORD LAIRD

25*Page 10, line 9, leave out from beginning to end of line 42 and insert—
"(1)  The Secretary of State may, having regard to any report of the Monitoring Commission, any relevant proceedings in the Assembly and any other relevant matter, if he is satisfied that a political party is not committed to non-violence and exclusively peaceful and democratic means; or 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, 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 shall not be payable.
(2)  The Secretary of State may, having regard to any relevant proceedings in the Assembly, before any period specified under subsection (1) of this section comes to an end extend that period."
 

THE LORD GLENTORAN

26*Page 10, line 26, leave out from beginning to first "to" in line 27
27*Page 10, line 31, leave out from beginning to first "to" in line 32
28*Page 10, line 42, at end insert—
"(   )  Before exercising the power under this section, the Secretary of State shall take full account of the recommendations of the Monitoring Commission."
 

Clause 9

 

THE LORD GLENTORAN

29Page 12, line 14, leave out "30A(8)(a)"
 

After Clause 9

 

THE LORD GLENTORAN
THE LORD SMITH OF CLIFTON

30*Insert the following new Clause—
  "Bi-annual Report
  The Secretary of State shall publish, and lay before both Houses of Parliament, an bi-annual report which shall contain details of—
(a)  the operation of the agreement made in connection with the affairs of Northern Ireland between Her Majesty's Government in the United Kingdom and the Government of Ireland;
(b)  the workings of this Act; and
(c)  any other information which he deems appropriate."

 
 
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©Parliamentary copyright 2003
15 September 2003