HL Deb 27 October 1998 vol 593 cc1881-90

Introductory

1. In this Schedule "the Tribunal" means the tribunal established under section (The Tribunal).

Members

2.—(1) The Tribunal shall consist of such number of members appointed by the Lord Chancellor as he may determine.

(2) A member of the Tribunal shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

(3) A member of the Tribunal may resign his office at any time by notice in writing to the Lord Chancellor.

Chairman

3.—(1) The Lord Chancellor shall appoint one of the members of the Tribunal to be its chairman.

(2) The chairman may nominate a member as deputy chairman to act in his absence.

(3) A member may not be appointed as chairman or nominated as deputy chairman, unless he holds, or has held, office as a judge of the High Court, the High Court of Justice in Northern Ireland, the Court of Appeal or the Court of Appeal in Northern Ireland.

(4) The chairman may resign his office at any time by notice in writing to the Lord Chancellor.

Payments to members

4.—(1) The Lord Chancellor may pay to the members of the Tribunal such remuneration and allowances as he may determine.

(2) The Lord Chancellor may, if he thinks fit in the case of any member of the Tribunal pay such pension, allowance or gratuity to or in respect of the member, or such sums towards the provision of such pension, allowance or gratuity, as he may determine.

(3) If a person ceases to be a member of the Tribunal and it appears to the Lord Chancellor that there are special circumstances which make it right that the person should receive compensation, he may pay to that person a sum of such amount as he may determine.

Proceedings

5. The Tribunal shall sit at such times and in such places as the Lord Chancellor may direct.

6. The Tribunal shall be deemed to be duly constituted if it consists of the chairman or deputy chairman and two or more other members.

7. The chairman or, in his absence, the deputy chairman, shall preside at sittings of the Tribunal.

Staff

8. The Lord Chancellor may appoint such officers and servants for the Tribunal as he thinks fit.

Expenses

9. The Lord Chancellor shall defray the remuneration of persons appointed under paragraph 8 and such expenses of the Tribunal as he thinks fit.

Disqualification of Tribunal Members

10. In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— The Tribunal established under section (The Tribunal) of the Northern Ireland Act 1998".

11. In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— The Tribunal established under section (The Tribunal) of the Northern Ireland Act 1998".").

On Question, amendment agreed to.

[Amendments Nos. 325 and 325A had been withdrawn from the Marshalled List.]

[Amendment No. 325B not moved.]

Schedule 12 [Construction of references in existing laws]:

Lord Dubs moved Amendment Nos. 326 to 334:

Page 61, leave out lines 21 and 22.

Page 61, line 24, at beginning insert—

("() A reference to an Act or enactment of the Parliament of Northern Ireland shall be construed as including a reference to an Order in Council under section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972.").

Page 61, line 29, leave out ("established under section 1 of the Northern Ireland Assembly Act 1973") and insert ("so established").

Page 61, line 31, at end insert—

("() A reference to a Measure of the Assembly so established shall be construed as including a reference to an Order in Council under paragraph 1 of Schedule 1 to the Northern Ireland Act 1974.").

Page 62, line 1, leave out ("4") and insert ("5").

Page 62, line 27, at end insert—

("() References to Northern Ireland Executive authorities shall be construed as references to Ministers and the Northern Ireland departments.").

Page 63, line 1, after ("shall") insert (", in relation to a function,").

Page 63, line 2, leave out ("that department") and insert ("the department which exercises that function").

Page 63, line 10, leave out ("in") and insert ("of").

The noble Lord said: I beg to move Amendments Nos. 326 to 334 en bloc. These amendments concern the construction of references in existing laws. The government amendments to the clause are consequential, drafting or technical.

On Question, amendments agreed to.

Schedule 12, as amended, agreed to.

Schedule 13 [Minor and consequential amendments]:

Lord Dubs moved Amendments Nos. 334A to 342A:

Page 64, line 22, leave out ("71(1)(b)") and insert ("(Provision dealing with certain reserved matters)").

Page 64, line 23, at end insert—

("Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12))

. In Part II of Schedule 1 to the Statutory Rules (Northern Ireland) Order 1979 (rule-making authorities), for "section 40 of and paragraph 4 of Schedule 5 to the Northern Ireland Constitution Act 1973" substitute "section 77(5) of and paragraph 8 of Schedule 12 to the Northern Ireland Act 1998".").

Page 64, line 23, at end insert—

("Mental Health Act 1983 (c.20)

.—(1) The Mental Health Act 1983 shall be amended as follows.

(2) In section 134(3)(a) (correspondence of patients), after "Parliament" insert "or of the Northern Ireland Assembly".

(3) In section 141 (members of the House of Commons suffering from mental illness), after subsection (9) insert—

"(10) This section also has effect in relation to members of the Northern Ireland Assembly but as if—

  1. (a) references to the House of Commons were to the Assembly and references to the Speaker were to the Presiding Officer; and
  2. (b) in subsection (7), for "provided by Parliament" there were substituted "appropriated by Act of the Assembly".").

Page 64, line 23, at end insert—

("Insolvency Act 1986 (c.45)

In section 427 of the Insolvency Act 1986 (members of the House of Commons who are adjudged bankrupt etc.), after subsection (6B) insert—

"(6C) Subsection (1), as applied to a member of the Northern Ireland Assembly by virtue of section 28(4) of the Northern Ireland Act 1998, has effect as if "or Northern Ireland" were omitted; and subsections (4) to (6) have effect in relation to such a member as if—

  1. (a) references to the House of Commons were to the Assembly and references to the Speaker were to the Presiding Officer; and
  2. (b) in subsection (4), for "under this section" there were substituted "under section 28(4) of the Northern Ireland Act 1998 by virtue of this section"."").

Page 64, line 23, at end insert—

("Copyright, Designs and Patents Act 1988 (c.48)

.—(1) The Copyright, Designs and Patents Act 1988 shall be amended as follows.

(2) In section 12(9) (duration of copyright in literary, dramatic, musical or artistic works), for "166A" substitute "166B".

(3) In section 153(2) (qualification for copyright protection), for "166A" substitute "166B".

(4) In section 163(6) (Crown copyright), for "166A" substitute "166B".

(5) In section 164(1) (Crown copyright in Acts of Parliament, etc.), after "Scottish Parliament" insert ", Act of the Northern Ireland Assembly".

(6) After section I 66A insert—

"Copyright in Bills of the Northern Ireland Assembly.

166B.—(1) Copyright in every Bill introduced into the Northern Ireland Assembly belongs to the Northern Ireland Assembly Commission.

(2) Copyright under this section subsists from the time when the text of the Bill is handed in to the Assembly for introduction—

  1. (a) until the Bill receives Royal Assent, or
  2. (b) if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it.

(3) References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.

(4) No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Assembly."

(7) In the definition of "parliamentary proceedings" in section 178 (definitions), the words ", of the New Northern Ireland Assembly" shall cease to have effect.

(8) In section 179 (index of defined expressions), in column 2 of the entry for "Parliamentary copyright", for "and 166A(3)" substitute "166A(3) and 166B(3)".").

Page 64, line 38, at end insert—

("() In section 9(6) (approval of Code of Practice), for "section 27(2) of the Northern Ireland Constitution Act 1973" substitute "section 24(1) or (2) of the Northern Ireland Act 1998".").

Page 65, line 12, at end insert—

("Environment and Safety Information (Northern Ireland) Order 1993 (S.I. 1993/3159 (N.I. 14))

In the second column of Schedule 1 to the Environment and Safety Information (Northern Ireland) Order 1993 (enforcing authorities), for "section 43(2) of the Northern Ireland Constitution Act 1973" substitute "section 4(1) of the Northern Ireland Act 1998".").

Page 65, line 12, at end insert—

("Olympic Symbol etc. Protection Act 1995 (c.32)

. In section 4(16) of the Olympic Symbol etc. Protection Act 1995 (definitions), in the definition of "Royal Commission", for "by the Secretary of State in pursuance of the prerogative powers of Her Majesty delegated to him under section 7(2) of the Northern Ireland Constitution Act 1973" substitute "by a Minister, within the meaning of the Northern Ireland Act 1998, or Northern Ireland department in pursuance of the prerogative powers of Her Majesty exercisable by the Minister or department under section 18 of that Act".).

Page 65, line 40, at end insert—

("Northern Ireland (Elections) Act 1998 (c.12)

12. In Schedule 1 to the Northern Ireland (Elections) Act 1998 (the Assembly), for paragraph 8 substitute—

"8.—(1) For the purposes of the law of defamation, absolute privilege shall attach to—

  1. (a) the making of a statement in proceedings of the Assembly; and
  2. (b) the publication of a statement under the Assembly's authority.

(2) In this paragraph "statement" has the same meaning as in the Defamation Act 1996."").

Page 65, line 40, at end insert—

("Data Protection Act 1998 (c.29)

.—(1) In paragraph 4 of Schedule 7 to the Data Protection Act 1998 (miscellaneous exceptions), for "Northern Ireland department" substitute "Northern Ireland authority".

(2) Renumber that paragraph (as so amended) as sub-paragraph (1) and after that provision as so renumbered insert—

"(2) In this paragraph "Northern Ireland authority" means the First Minister, the deputy First Minister, a Northern Ireland Minister or a Northern Ireland department."").

The noble Lord said: I beg to move Amendments Nos. 334A to 342A. This series of amendments deals with minor and consequential amendments following on from the Bill. The grouping list does not include a number of amendments to the schedule which were covered in earlier debates. The main one was Amendment No. 342 which the Committee may recall provided the shadow Assembly with full privilege from the date of Royal Assent rather than the qualified privilege provided for in the elections Act. The other amendments are, as the title to the schedule suggests, purely minor and consequential. Perhaps the most important is Amendment No. 338 which confers on the Northern Ireland Assembly Commission copyright in Bills of the Assembly.

On Question, amendments agreed to.

Schedule 13, as amended, agreed to.

Schedule 14 [Transitional provisions and savings]:

Lord Dubs moved Amendment No. 343:

Page 66, line 10, at end insert—

("Ministerial offices

. Any determination of—

  1. (a) the number of Ministerial offices to be held by Northern Ireland Ministers; and
  2. (b) the functions to be exercisable by the holder of each such office,
made before the appointed day shall on and after that day have effect as if it had been made under section (Ministerial offices).").

The noble Lord said: I beg to move Amendment No. 343 and speak also to Amendments Nos. 343A, 343B, 344, 345, 346, 347A and 348. These amendments are transitional and are designed to ensure a smooth transition between direct rule and devolution. In some cases, for example Amendments Nos. 346 and 344, the amendments make clear that appointments or agreements under earlier enactments made during the period of direct rule will continue to apply after devolution. A number of the other amendments, for example Amendments Nos. 343 and 345, concern appointments, elections or arrangements made during the shadow period of the Assembly. The agreement is clear that the institutions it establishes should seek to meet and make progress during the shadow phase of the Assembly's life. Clearly, it would be strange if useful progress made during the shadow phase was not able to be carried forward after devolution but had to be revisited after the appointed day. Accordingly, I commend the amendment to the Committee.

On Question, amendment agreed to.

Lord Dubs moved Amendments Nos. 343A to 346:

Page 66, line 32, leave out ("by the Secretary of State") and insert ("or elected").

Page 66, line 33, after ("1998") insert ("who holds office immediately").

Page 66, line 35, at end insert—

("Comptroller and Auditor General for Northern Ireland

. Any appointment made by Her Majesty under section 36(1)(d) of the Northern Ireland Constitution Act 1973 before the appointed day shall on and after that day have effect as if it had been an appointment made by Her Majesty on the nomination of the Assembly under section 51.").

Page 66, line 40, at end insert—

("Civic Forum

. Any such arrangements as are mentioned in subsection (1) of section (Civic Forum) which are made and approved before the commencement of that section shall have effect, after that commencement, as if they had been made and approved under that section.").

Page 67, line 4, at end insert—

("Relations with Republic of Ireland

. The repeal effected by this Act of section 12 of the Northern Ireland Constitution Act 1973 shall not affect the operation of any agreement or arrangement made under that section.").

On Question, amendments agreed to.

[Amendment No. 347 had been withdrawn from the Marshalled List.]

Lord Dubs moved Amendments Nos. 347A and 348:

Page 67, line 14, at end insert—

("Discrimination by public authorities

.The repeals effected by this Act shall not affect the operation of section 19 of the Northern Ireland Constitution Act 1973 (read with section 23 of that Act)—

  1. (a) so far as section 19 relates to a member of the Northern Ireland Executive or other person appointed under section 8 of that Act or a Northern Ireland department, in relation to any act done before the appointed day;
  2. (b) so far as section 19 relates otherwise than as mentioned in sub-paragraph (a), in relation to any act done before the commencement of section 61.

. Section (Effect of certificates) shall have effect—

  1. (a) in relation to any act done before the appointed day, as if the reference to section 19 were a reference to section 19 of the Northern Ireland Constitution Act 1973 so far as relating to a member of the Northern Ireland Executive or other person appointed under section 8 of that Act or a Northern Ireland department;
  2. (b) in relation to any act done before the commencement of section 61, as if the reference to that section were a reference to section 19 of that Act so far as relating otherwise than as mentioned in sub-paragraph (a); and

(c) in relation to any such act as is mentioned in sub-paragraph (a) or (b), as if—

  1. (i) the reference in subsection (1)(b) to a certificate were a reference to a certificate purporting to be signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security; and
  2. (ii) subsection (3)(b) were omitted.").

Page 67, line 14, at end insert—

("Members' Pensions

The repeals effected by this Act shall not affect the operation of the Ministerial Offices Act (Northern Ireland) 1952, the Ministerial Salaries and Members' Pensions Act (Northern Ireland) 1965 or the Members' Pensions (Northern Ireland) Order 1976 in relation to service completed before the appointed day.").

On Question, amendments agreed to.

Schedule 14, as amended, agreed to.

Schedule 15 [Repeals]:

Lord Dubs moved Amendments Nos. 349 to 378:

Page 67, line 23, at end insert—

("14 & 15 Geo 5 c.11 (N.I.). Ministers (Temporary Exercise of Powers) Act (Northern Ireland) 1924. The whole Act.")

Page 67, line 26, at end insert—

("1 & 2 Eliz 2 c.3. Public Works Loans Act 1952. Section 6.
1 & 2 Eliz 2 c.15 (N.I.). Ministerial Offices Act (Northern Ireland) 1952. The whole Act.
2 & 3 Eliz 2 c.33 (N.I.). Interpretation Act (Northern Ireland) 1954. Section 13(2). In section 46(2), in the definition of "the constitutional laws of Northern Ireland", the words "the Government of Ireland Act 1920, and" and "amending or extending it or otherwise".
1965 c.18 (N.I.). Ministerial Salaries and Members' Pensions Act (Northern Ireland) 1965. The whole Act.
1969 c.7 (N.I.). Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969. Section 4.")

Page 67, line 33, column 3, at end insert—

("Section 33(1).")

Page 67, line 41, at end insert—

("1975 c.24. House of Commons Disqualification Act 1975. In Schedule 1, in Part II, the entries relating to the Equal Opportunities Commission for Northern Ireland, the Fair Employment Commission for Northern Ireland and the Northern Ireland Disability Council; in Part III, the entries relating to the Additional Commissioner of the Equal Opportunities Commission for Northern Ireland.
1975 c.25. Northern Ireland Assembly Disqualification Act 1975. Section 5(1). In Schedule 1, in Part II, the entries relating to the Commission for Racial Equality for Northern Ireland, the Equal Opportunities Commission for Northern Ireland, the Fair Employment Commission for Northern Ireland and the Northern Ireland Disability Council; in Part III, the entries relating to the Additional Commissioner of the Commission for Racial Equality for Northern Ireland and the Additional Commissioner of the Equal Opportunities Commission for Northern Ireland. Schedule 2.")

Page 67, line 42, column 3, at end insert—

("Section 58 (1).")

Page 67, line 43, column 3, at end insert—

("Schedule 6.")

Page 67, line 43, at end insert—

("S.I. 1976/426 (N.1.8). Members' Pensions (Northern Ireland) Order 1976. The whole Order.")

Page 67, line 44, column 3, at beginning insert—

("In Article 2(2), the definition of "the interim period".")

Page 67, line 45, column 3, at end insert—

("In Schedule 6, paragraph 2.")

Page 67, line 46, at end insert—

("S.I. 1979/1573 (N.I.12). Statutory Rules (Northern Ireland) Order 1979. In Article 7(1), the words from "subject to" to "1974". Article 11(4). In Schedule 4, paragraph 14.")

Page 67, line 47, at end insert—

("S.I. 1982/713 (N.I.10). Probation Board (Northern Ireland) Order 1982. In Schedule 1, paragraph 1(2).")

Page 68, leave out lines 6 and 7.

Page 68, line 10, at end insert—

("1986 c.56. Parliamentary Constituencies Act 1986. In Schedule 3, paragraphs 1 and 2.")

Page 68, line 12, at end insert—

("S.I. 1986/595 (N.I.4). Mental Health (Northern Ireland) Order 1986. In Schedule 5, in Part II the amendment of the Ministerial Salaries and Members' Pensions Act (Northern Ireland) 1965.")

Page 68, line 22, at end insert—

("S.I. 1987/2203 (N.I.22). Adoption (Northern Ireland) Order 1987. In Schedule 4, paragraph 1.")

Page 68, line 24, column 3, at beginning insert—

("In section 21(1), the definition of "the Commission".")

Page 68, line 24, column 3, after ("paragraphs") insert ("2,").

Page 68, line 30, at end insert—

("1990 c.42. Broadcasting Act 1990. In Schedule 20, paragraph 19.")

Page 68, line 33, column 3, at end insert ("and (5)").

Page 68, line 34, column 3, at end insert—

("In Schedule 5, paragraph 2.")

Page 68, line 49, column 3, at beginning insert—

("In section 167(2), the words "section 177 (co-ordination with Northern Ireland)".")

Page 68, line 49, at end insert—

("1993 c.49. Pension Schemes (Northern Ireland) Act 1993. In section 163(2), the words "section 153 (co-ordination with Great Britain)".")

Page 68, line 49, at end insert—

("S.I. 1993/1252 (N.I.5). Financial Provisions (Northern Ireland) Order 1993. Article 8(6A).
1994 c.26. Trade Marks Act 1994. In Schedule 4, the entry in paragraph 1(2) relating to the Northern Ireland Constitution Act 1973.")

Page 68, line 49, at end insert—

("1995 c.34. Child Support Act 1995. Section 29(2) to (4).
S.I. 1995/2702 (N.I.13). Child Support (Northern Ireland) Order 1995. Article 20.")

Page 68, line 49, at end insert—

("1996 c.11. Northern Ireland (Entry to Negotiations, etc.) Act 1996. The whole Act.
1996 c.22. Northern Ireland (Emergency Provisions) Act 1996. In Schedule 6, paragraph 1.")

Page 69, line 10, column 3, after ("of") insert ("sections 19 to 22 of").

Page 69, line 17, column 3, leave out ("paragraph") and insert ("paragraphs 1 and").

Page 69, line 21, at end insert—

("1998 c.00. Northern Ireland Act 1998. In Schedule 13, paragraph 12.")

Page 69, line 21, at end insert—

("S.I. 1998/749 (N.I.4). Financial Provisions (Northern Ireland) Order 1998. Article 7.")

Page 69, line 21, at end insert—

("1998 c.00. Registration of Political Parties Act 1998. In section 2(2)(e) the word "New".")

The noble Lord said: I beg to move Amendments Nos. 349 to 378. This schedule contains a whole series of repeals necessary for the smooth running of devolution. The repeals are made for a number of reasons. Often the provisions in the earlier enactments have been replicated or replaced in this Bill, thus making them redundant. A number of earlier pieces of legislation dealing with political development in Northern Ireland will no longer be needed after devolution, hence the Northern Ireland (Entry into Negotiations) Act 1996 and the Northern Ireland (Elections) Act 1998 are repealed in their entirety. Other amendments are much more minor, for example reflecting changes in the names of organisations as a result of the Bill and other such consequential effects. I do not believe that any of the changes has political significance, but they are important for the smooth running of the devolution process and the integrity of the statute book. Accordingly, I commend them to the Committee.

Lord Cope of Berkeley

As this is the last group of amendments on the Marshalled List to be dealt with in Committee—the group comprises 30-odd amendments—I believe it only right to record that the Government have been sufficiently flexible to move in the course of the Bill. I lost count at 270 amendments, some of which were withdrawn before we got there. That leaves out of account the fact that on half a dozen occasions the Government have opposed that clauses stand part in the course of the Bill. That shows great flexibility of mind which we hope will continue at Report stage when we are promised a good number of further amendments.

The Minister has had a long stint in moving these amendments. I only hope that at least he has now got more of them right than when the Bill left the Commons. It is the most wonderful advertisement for the existence of a second Chamber.

Lord Dubs

I thank the noble Lord. I am glad he recognises that the Government have, as ever, been flexible. We have certainly listened to the arguments. As I have said before, there will be further amendments at Report stage. I appreciate the very helpful way in which he and other noble Lords have contributed to these debates.

On Question, amendments agreed to.

House resumed: Bill reported with amendments.

Lord McIntosh of Haringey

My Lords, since the debate that follows is at the conclusion of the whipped business rather than a debate in the dinner hour, the debate can last for an hour-and-a-half and there is no restriction on the length of speeches other than the general restriction in the Companion which advises that speeches should be confined to 15 minutes.

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