HL Deb 13 May 1991 vol 528 cc1452-4

INDEPENDENT ASSESSOR OF MILITARY COMPLAINTS PROCEDURES IN NORTHERN IRELAND

Tenure of office

1.—(1) Subject to the following provisions of this paragraph, the Independent Assessor shall hold and vacate office in accordance with the terms of his appointment.

(2) The Independent Assessor shall be appointed for a term not exceeding three years.

(3) The Independent Assessor may at any time resign his office by notice in writing addressed to the Secretary of State.

(4) The Secretary of State may remove the Independent Assessor from office—

  1. (a) if he has without reasonable excuse failed to carry out his duties for a continuous period of six months or more;
  2. (b) if he has been convicted of a criminal offence;
  3. (c) if a bankruptcy order has been made against him, his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
  4. (d) if the Secretary of State is satisfied that he is otherwise unable or unfit to perform his functions.

(5) At the end of a term of appointment the Independent Assessor shall be eligible for re-appointment.

Remuneration etc.

2.—(l) There shall be paid to the Independent Assessor such remuneration and such travelling and other allowances as the Secretary of State may determine.

(2)In the case of any such holder of the office of Independent Assessor as may be determined by the Secretary of State there shall be paid such pension, allowances or gratuities to or in respect of him, or such payments toward the provision of a pension to or in respect of him, as may be so determined.

(3)The approval of the Treasury shall be required for the making of a determination under this paragraph.

Staff

3.—(1) The Independent Assessor may appoint such number of employees as he may determine.

(2)The remuneration and other terms and conditions of service of persons employed by the Independent Assessor shall be such as he may determine.

(3)The approval of the Secretary of State, given with the consent of the Treasury, shall be required for the making of a determination under this paragraph.

Reports

4.—(l) The Independent Assessor shall prepare an annualreport on the performance of his functions which he shall submit to the Secretary of State who shall cause it to be published and lay copies of it before each House of Parliament.

(2) The Independent Assessor may make a report to the Secretary of State about any matter which comes to his attention in the course of the performance of his functions.

Disqualification

5. In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), the following entry shall be inserted at the appropriate place— Independent Assessor of Military Complaints Procedures in Northern Ireland."").

The noble Lord said: This amendment is consequential on Amendment No. 40. I beg to move.

On Question, amendment agreed to.

Schedule 6 [Consequential Amendments]:

Lord Belstead moved Amendment No. 49: Page 76, leave out lines 27 to 33 and insert: ("25B.—(l) A person who, without lawful authority or reasonable excuse (the proof of which lies on him), contravenes a restraint order is guilty of an offence and liable—

  1. (a) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both;
  2. (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
(2) Nothing in subparagraph (1) above shall be taken to prejudice any power of the High Court to deal with the contravention of a restraint order as a contempt of court."")

The noble Lord said: This amendment is consequential on Amendment No. 2. I beg to move.

On Question, amendment agreed to.

Schedule 6, as amended, agreed to.

Schedule 7 agreed to.

Remaining clause agreed to.

House resumed: Bill reported with amendments.