HL Deb 29 October 1998 vol 593 cc2114-6

(".—(1) If a court's determination of any question arising under this Act might affect the exercise by a religious organisation (itself or its members collectively) of the Convention right to freedom of thought, conscience and religion, it must have particular regard to the importance of that right.

(2) In this section, "court" includes a tribunal.").

38 Clause 20, page 12, line 30, after ("power") insert ("of a Minister of the Crown").

39 Page 12, line 32, after ("power") insert ("of the Lord Chancellor or the Secretary of State").

40 Page 12, line 36, after ("made") insert ("by the Lord Chancellor or the Secretary of State").

41 Page 12, line 40, at end insert— ("() The power of a Northern Ireland department to make—

  1. (a) rules under section 2(3)(b) or 7(11)(c); or
  2. (b) an order under section 7(13);
is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. () Any rules made under section 2(3)(b) or 7(11)(c) shall be subject to negative resolution; and section 41(6) of the Interpretation Act (Northern Ireland) 1954 (meaning of "subject to negative resolution") shall apply as if the power to make the rules were conferred by an Act of the Northern Ireland Assembly. () No order may be made by a Northern Ireland department under section 7(13) unless a draft of the order has been laid before, and approved by, the Northern Ireland Assembly.").

42 Clause 21, page 12, line 41, at end insert— (""amend" includes repeal and apply (with or without modifications);").

43 Page 13, line 8, at end insert— (""Northern Ireland Minister" includes the First Minister and the deputy First Minister in Northern Ireland;").

44 Page 13, leave out lines 15 to 18 and insert— ("(f) Order in Council—

  1. (i) made in exercise of Her Majesty's Royal Prerogative;
  2. (ii) made under section 38(1)(a) of the Northern Ireland Constitution Act 1973 or the corresponding provision of the Northern Ireland Act 1998; or
  3. (iii) amending an Act of a kind mentioned in paragraph (a), (b) or (c);").

45 Page 13, line 20, after ("legislation") insert ("(otherwise than by the National Assembly for Wales, a member of the Scottish Executive, a Northern Ireland Minister or a Northern Ireland department)").

46 Page 13, line 24, at end insert— (""the Sixth Protocol" means the Protocol to the Convention agreed at Strasbourg on 28th April 1983;").

47 Page 13, line 31, leave out ("or") and insert— ("(ii) made").

48 Page 13, line 32, at end insert ("or the corresponding provision of the Northern Ireland Act 1998; or

  1. (iii) amending an Act of a kind mentioned in the definition of primary legislation;
(ab) Act of the Scottish Parliament;").

49 Page 13, line 34, leave out ("Northern Ireland Assembly") and insert ("Assembly established under section 1 of the Northern Ireland Assembly Act 1973; (ca) Act of the Northern Ireland Assembly;").

50 Page 13, line 40, leave out ("paragraphs") and insert ("paragraph (ab),").

51 Page 13, line 41, leave out ("or (c)") and insert (", (c) or (ca)").

52 Page 13, line 42, at end insert— ("(f) order, rules, regulations, scheme, warrant, byelaw or other instrument made by a member of the Scottish Executive, a Northern Ireland Minister or a Northern Ireland department in exercise of prerogative or other executive functions of Her Majesty which are exercisable by such a person on behalf of Her Majesty; transferred matters" has the same meaning as in the Northern Ireland Act 1998;").

53 Page 14, leave out lines 8 to 10.

54 Page 14, line 10, at end insert— ("(6) Any liability under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 to suffer death for an offence is replaced by a liability to imprisonment for life or any less punishment authorised by those Acts; and those Acts shall accordingly have effect with the necessary modifications.").

55 Clause 22, page 14, line 12, leave out ("and 20") and insert (", 20 and 21(6)").

Lord Williams of Mostyn

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 37 to 55.

Moved, That the House do agree with the Commons in their Amendments Nos. 37 to 55.—(Lord Williams of Mostyn.)

On Question, Motion agreed to.