Inquiry into Historical Institutional Abuse Bill Notice of Amendments tabled on 13 November 2012 for Consideration Stage

Clause 1, Page 1, Line 8

Leave out ‘amend the terms of reference of the inquiry at any time’ and insert ‘at any time amend the terms of reference of the inquiry by order’

The First Minister and deputy First Minister

Clause 1, Page 1, Line 9

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 1, Page 1, Line 10

At end insert ‘if a draft of the order has been laid before, and approved by resolution of, the Assembly’

The First Minister and deputy First Minister

Clause 1, Page 1, Line 12

Leave out ‘1945’ and insert ‘1922’

The First Minister and deputy First Minister

 

Clause 2, Page 1, Line 21

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 2, Page 2, Line 5

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 2, Page 2, Line 8

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 2, Page 2, Line 9

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 2, Page 2, Line 10

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 3, Page 2, Line 41

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 3, Page 2, Line 42

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

 

Clause 4, Page 3, Line 11

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 4, Page 3, Line 13

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 4, Page 3, Line 16

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 5, Page 3, Line 21

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 5, Page 3, Line 23

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 5, Page 3, Line 28

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 6, Page 3, Line 37

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 6, Page 3, Line 39

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 6, Page 3, Line 40

At end insert -

‘(2A) Subject to any provision of rules under section 18, a statement made to the inquiry on oath by a person outside Northern Ireland through a live link is to be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 as having been made in Northern Ireland.’

The First Minister and deputy First Minister

Clause 6, Page 4, Line 2

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 6, Page 4, Line 3

At end insert -

‘(4) In this section “live link” means a live television link or other arrangement whereby a person, while absent from the place where the inquiry is being held, is able to see and hear, and be seen and heard by, a person at that place.

(5) For the purposes of subsection (4) any impairment of sight or hearing is to be disregarded.’

The First Minister and deputy First Minister

Clause 7, Page 4, Line 5

After ‘Subject to’ insert ‘subsection (3) and’

The First Minister and deputy First Minister

Clause 7, Page 4, Line 6

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 7, Page 4, Line 14

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 7, Page 4, Line 15

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 7, Page 4, Line 16

At end insert -

‘(3) The proceedings of that part of the inquiry described in its terms of reference as the Acknowledgment Forum are to be held in private and references to the inquiry in subsection (1) do not include that part of the inquiry.’

The First Minister and deputy First Minister

Clause 8, Page 4, Line 21

At end insert -

‘(c) disclosure or publication of the identity of any person’

The First Minister and deputy First Minister

Clause 8, Page 4, Line 23

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 8, Page 4, Line 27

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

 

Clause 8, Page 5, Line 1

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 9, Page 5, Line 19

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 9, Page 5, Line 27

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 9, Page 6, Line 1

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 9, Page 6, Line 4

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 9, Page 6, Line 8

At end insert-

‘(7) The powers conferred by this section are exercisable only in respect of evidence, documents or other things which are wholly or primarily concerned with a transferred matter.

(8) In subsection (7) “transferred matter”, in relation to a power conferred by this section, means a matter which, when the power is exercised, is a transferred matter within the meaning of the Northern Ireland Act 1998.’

The First Minister and deputy First Minister

New Clause

After clause 10 insert -

‘Reports

Submission of reports

10A.-(1) The chairperson must deliver the report of the inquiry to the First Minister and deputy First Minister at least two weeks before it is published (or such other period as may be agreed between the First Minister and deputy First Minister acting jointly and the chairperson).

(2) In this section “report” includes an interim report.’

The First Minister and deputy First Minister

New Clause

After clause 10 insert -

Publication of reports

10B.-(1) The chairperson must make arrangements for the report of the inquiry to be published.

(2) Subject to subsection (3), the report of the inquiry must be published in full.

(3) The chairperson may withhold material from publication to such extent—

(a)  as is required by any statutory provision, enforceable EU obligation or rule of law, or

(b) as the chairperson considers to be necessary in the public interest, having regard in particular to the matters mentioned in subsection (4).

(4) Those matters are—

(a)  the extent to which withholding material might inhibit the allaying of public concern;

(b) any risk of harm or damage that could be avoided or reduced by withholding any material;

(c)  any conditions as to confidentiality subject to which a person acquired information which that person has given to the inquiry.

(5) Subsection (4)(b) does not affect any obligation of a public authority that may arise under the Freedom of Information Act 2000.

(6) In this section-

“public authority” has the same meaning as in the Freedom of Information Act 2000;

“report” includes an interim report.’

The First Minister and deputy First Minister

New Clause

After clause 10 insert -

Laying of reports before the Assembly

10C. Whatever is required to be published under section 10B must be laid before the Assembly by the First Minister and deputy First Minister acting jointly, either at the time of publication or as soon afterwards as is reasonably practicable.’

The First Minister and deputy First Minister

Clause 11, Page 6, Line 21

Leave out ‘OFMDFM may award such amounts as it’ and insert ‘The chairperson may, with the approval of OFMDFM, award such amounts as the chairperson’

The First Minister and deputy First Minister

Clause 11, Page 6, Line 26

After ‘where’ insert ‘the chairperson with the approval of’

The First Minister and deputy First Minister

Clause 11, Page 6, Line 30

Leave out ‘attending the inquiry to give evidence or’ and insert ‘giving evidence to the inquiry or attending the inquiry’

The First Minister and deputy First Minister

Clause 11, Page 6, Line 32

Leave out ‘OFMDFM’ and insert ‘the chairperson’

The First Minister and deputy First Minister

Clause 11, Page 6, Line 35

After ‘OFMDFM’ insert ‘and notified by OFMDFM to the chairperson’

The First Minister and deputy First Minister

Clause 12, Page 7, Line 1

At end insert -

‘(1A) OFMDFM must pay any amounts awarded under section 11.’

The First Minister and deputy First Minister

Clause 12, Page 7, Line 8

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 13, Page 7, Line 22

Leave out from ‘fails’ to the end of line 24 and insert ‘without reasonable excuse-

(a)  contravenes a restriction order; or

(b) fails to do anything which that person is required to do by a notice under section 9,

is guilty of an offence.’

The First Minister and deputy First Minister

Clause 13, Page 7, Line 39

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 13, Page 8, Line 1

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 13, Page 8, Line 3

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 14, Page 8, Line 13

Leave out ‘a notice under section 9 or a restriction order’ and insert ‘, or acts in breach of, a notice under section 9 or an order made by the chairperson’

The First Minister and deputy First Minister

Clause 14, Page 8, Line 15

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 18, Page 9, Line 24

At end insert -

‘(1A) Rules under subsection (1)(a) may in particular-

(a)  provide that evidence given for the purposes of any particular part of the inquiry must not be disclosed-

(i)  in the proceedings of any other part of the inquiry unless the chairperson so orders; or

(ii)  in any criminal or civil proceedings in Northern Ireland unless it is necessary to avoid a breach of Convention rights (within the meaning of the Human Rights Act 1998);

(b) make provision for orders similar to witness anonymity orders within the meaning of section 86 of the Coroners and Justice Act 2009.’

The First Minister and deputy First Minister

Clause 18, Page 9, Line 28

Leave out ‘inquiry panel’ and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 18, Page 9, Line 28

Leave out ‘panel’ in the second place where it occurs and insert ‘chairperson’

The First Minister and deputy First Minister

Clause 19, Page 9, Line 34

After ‘Northern Ireland’ insert ‘except as provided by subsection (2).

(2) The powers conferred by section 9 are not exercisable so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of Her Majesty’s Government in the United Kingdom, the Scottish Ministers or the Welsh Ministers.’

The First Minister and deputy First Minister

Clause 20, Page 10, Line 1

Leave out subsection (2)

The First Minister and deputy First Minister

Clause 21, Page 10, Line 11

At end insert -

‘ “chairperson” means chairperson of the inquiry;’

The First Minister and deputy First Minister

Clause 21, Page 10, Line 12

At end insert -

‘ “harm” includes death or injury;’

The First Minister and deputy First Minister

Clause 21, Page 10, Line 15

At end insert -

‘ “member” includes chairperson;’

The First Minister and deputy First Minister

Clause 21, Page 10

Leave out line 18

The First Minister and deputy First Minister

Clause 21, Page 10, Line 22

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Long Title

Leave out ‘1945’ and insert ‘1922’

The First Minister and deputy First Minister

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