Civil Service (Special Advisers) Bill Marshalled List of Amendments Consideration Stage Tuesday 19 March 2013
Amendments tabled up to 9.30am Thursday, 14 March 2013 and selected for debate
The Bill will be considered in the following order
Clauses, Schedule and Long Title
Amendment 1 [Made]
Clause 1 , Page 1, Line 7
After ‘position on’ insert ‘or before’
Mr Jim Allister
Amendment 2 [Made on Division]
Clause 2 , Page 1, Line 9
Leave out subsection (1) and insert -
‘(1) Subject to subsection (2) and section (Determination of eligibility of special advisers by Commissioners (Amendment 11)), a person is not eligible for appointment as a special adviser if the person has a serious criminal conviction.
(2) Where a Minister proposes to appoint as a special adviser a person who has a serious criminal conviction, that person may refer the proposed appointment to the Commissioners.’
Mr Jim Allister
Amendment 3 [Not Called]
Clause 2 , Page 1, Line 9
Leave out subsection (1) and insert -
‘(1) Where a Minister proposes to appoint as a special adviser a person who has a conviction for a conflict-related offence, the Minister must refer the proposed appointment to the Commissioners.’
Mr Dominic Bradley
Mr Alban Maginness
Amendment 4 [Not Called]
Clause 2 , Page 1, Line 10
At end insert -
‘, but this is subject to section (Exception for conflict-related offences: procedure for proposed appointees).’
Mr Mitchel McLaughlin
Ms Megan Fearon
Amendment 5 [Made]
Clause 2 , Page 1, Line 14
Leave out ‘section’ and insert ‘subsection’
Mr Jim Allister
Amendment 6 [Negatived without Division]
Clause 2 , Page 1
Leave out line 17 and insert -
‘the Minister who appointed that person must, after consultation with that person, refer the appointment to the Commissioners, within 21 days of this subsection coming into operation.’
Mr Dominic Bradley
Mr Alban Maginness
Amendment 7 [Negatived on Division]
Clause 2 , Page 1, Line 17
At end insert -
‘, but this is subject to section (Exception for conflict-related offences: procedure for existing appointees).’
Mr Mitchel McLaughlin
Ms Megan Fearon
Amendment 8 [Made on Division]
Clause 2 , Page 1, Line 17
At end insert -
‘( ) but a person to whom subsection (3) will apply may refer the appointment to the Commissioners, within 21 days of this subsection coming into operation.’
Mr Jim Allister
Amendment 9 [Made]
Clause 2 , Page 1, Line 18
Leave out ‘Ministers’ and insert ‘A Minister’
Mr Jim Allister
Amendment 10 [Made]
Clause 2 , Page 1, Line 19
Leave out ‘them’ and insert ‘the Minister’
Mr Jim Allister
Clause 2 [Question that clause 2 as amended stand part agreed on Division ]
The Members listed below give notice of their intention to oppose the question that clause 2 stand part of the Bill.
Ms Judith Cochrane
Mr Stewart Dickson
Mr Chris Lyttle
Amendment 11 [Made on Division]
New Clause
After clause 2 insert -
‘Determination of eligibility of special advisers by Commissioners
2 A. - (1) Where -
(a) a proposed appointment is referred to the Commissioners under section 2(2- as inserted by Amendment 2), or
(b) an appointment is referred to the Commissioners under section 2(subsection as inserted by Amendment 8 ),
the Commissioners shall determine whether the person is eligible for appointment as, or to continue to hold appointment as, a special adviser.
(2) The Commissioners shall only determine that a person is eligible for appointment as, or to continue to hold appointment as, a special adviser, if satisfied that there are exceptional circumstances justifying it -
(a) after having regard to the matters set out in subsection (3), and
(b) in the case of a proposed appointment, after taking account of the outcome of the vetting procedures mentioned in subsection (4).
(3) Those matters are -
(a) whether the person has shown contrition for the offence to which the serious criminal conviction relates,
(b) whether the person has taken all reasonable steps to assist in the investigation and prosecution of all other persons connected with the commission of the offence,
(c) the views of any victim of the offence, or where a victim has died, the views of any close family member of the victim.
(4) The Commissioners must arrange for the proposed appointee to be the subject of the same vetting procedures as apply to the appointment of persons as Senior Civil Servants to the Northern Ireland Civil Service.’
Mr Jim Allister
Amendment 12 [Negatived on Division]
New Clause
After clause 2 insert -
‘Exception for conflict-related offences: procedure for proposed appointees
2A. -(1) Where a Minister proposes to appoint as a special adviser a person who has incurred a serious criminal conviction for a conflict-related offence, the Minister must refer the matter to the First Minister and deputy First Minister.
(2) The First Minister and deputy First Minister, acting jointly, must within 14 days of the referral, establish a review panel in accordance with section (Exception for conflict-related offences: review panel) and refer the matter to it.
(3) The review panel must arrange for the proposed appointee to be the subject of the vetting procedures referred to in section 6.
(4) Subject to the outcome of those procedures, the review panel must determine that the proposed appointee is eligible for appointment, unless satisfied that the nature of the proposed appointee’s role as a special adviser is manifestly incompatible with the circumstances of the conflict-related offence.’
Mr Mitchel McLaughlin
Ms Megan Fearon
Amendment 13 [Negatived on Division]
New Clause
After clause 2 insert -
‘Exception for conflict-related offences: procedure for existing appointees
2B. -(1) This section applies if, on the date of its coming into operation -
(a) a person holds an appointment as a special adviser,
(b) the person has before that date incurred a serious criminal conviction, and
(c) the serious criminal conviction was for a conflict-related offence.
(2) The Minister who appointed that person may, within 21 days of the coming into operation of this section, and after consultation with the person, refer the matter to the First Minister and deputy First Minister.
(3) The First Minister and deputy First Minister, acting jointly, must within 14 days of the referral, establish a review panel in accordance with section (Exception for conflict-related offences: review panel) and refer the matter to it.
(4) The review panel must determine that the person’s appointment will not be, or is not, terminated by virtue of this Act, unless satisfied that the nature of the person’s role as a special adviser is manifestly incompatible with the circumstances of the conflict-related offence.’
Mr Mitchel McLaughlin
Ms Megan Fearon
Amendment 14 [Not Called]
New Clause
After clause 2 insert -
‘Exception for conflict-related offences: review panel
2C. -(1) This section applies where the First Minister and deputy First Minister, acting jointly, are required to appoint a review panel for the purposes of section (Exception for conflict-related offences: procedure for proposed appointees) or (Exception for conflict-related offences: procedure for existing appointees).
(2) The First Minister and deputy First Minister, acting jointly, must -
(a) appoint independent persons with suitable qualifications, expertise or experience, to be members of the review panel,
(b) pay those persons such fees, allowances or expenses as appear appropriate,
(c) provide the review panel with staff, accommodation or other facilities as appear appropriate.
(3) A review panel may regulate its own procedure.
(4) A review panel only remains in existence for so long as is necessary for it to exercise its functions.’
Mr Mitchel McLaughlin
Ms Megan Fearon
Amendment 15 [Not Called]
New Clause
After clause 2 insert -
‘Exception for conflict-related offences: appeals
2D. -(1) Where a review panel -
(a) determines under section (Exception for conflict-related offences: procedure for proposed appointees) that a person is not eligible for appointment as a special adviser, or
(b) determines under section ( Exception for conflict-related offences: procedure for existing appointees) that a person’s appointment as a special adviser will be, or is terminated by virtue of this Act,
that person may appeal to the High Court.
(2) The appeal can only be brought on the ground that the nature of the person’s role as a special adviser would not be, or is not manifestly incompatible with the circumstances of the conflict-related offence.
(3) The appeal must be brought within 21 days from the day on which the review panel made the determination.
(4) On hearing the appeal, the High Court may make such order as it thinks fit in respect of the person’s -
(a) eligibility for appointment as a special adviser, or
(b) termination of appointment as a special adviser.’
Mr Mitchel McLaughlin
Ms Megan Fearon
Amendment 16 [Not Called]
New Clause
After clause 2 insert -
‘Determination of eligibility of special advisers by Commissioners
2A. -(1) Where -
(a) a proposed appointment is referred to the Commissioners under section 2(1 - as inserted by Amendment 3), or
(b) an appointment is referred to the Commissioners under section 2(3- as amended by Amendment 6),
the Commissioners shall determine whether the person is eligible for appointment as, or to continue to hold appointment as, a special adviser.
(2) The Commissioners shall only determine that a person is eligible for appointment as, or to continue to hold appointment as, a special adviser, if satisfied that it is reasonable to do so -
(a) after having regard to the matters set out in subsection (3), and
(b) in the case of a proposed appointment, after taking account of the outcome of the vetting procedures mentioned in subsection (4).
(3) Those matters are -
(a) the nature of the offence to which the serious criminal conviction relates,
(b) the relevance of the nature of the offence to the person’s role as a special adviser, and
(c) such other matters as the Commissioners consider relevant.
(4) The Commissioners must arrange for the proposed appointee to be the subject of the same vetting procedures as apply to the appointment of persons as Senior Civil Servants to the Northern Ireland Civil Service.’
Mr Dominic Bradley
Mr Alban Maginness
Amendment 17 [Made on Division]
New Clause
After clause 2 insert -
‘Appeals against Commissioners’ determinations
2B. -(1) Where a person who is the subject of a determination of the Commissioners is aggrieved by that determination, that person may appeal to the High Court.
(2) The appeal can only be brought on the ground that it was not reasonable for the Commissioners to make that determination.
(3) The appeal must be brought within 21 days from the day on which the Commissioners made the determination.
(4) On hearing the appeal, the High Court may make such order as it thinks fit in respect of a person’s eligibility for appointment as, or to continue to hold appointment as, a special adviser.’
Mr Dominic Bradley
Mr Alban Maginness
Amendment 18 [Made]
Clause 3 , Page 2, Line 1
After ‘sentence of’ insert ‘immediate’
Mr Jim Allister
Amendment 19 [Made]
Clause 3 , Page 2, Line 5
After ‘State’ insert ‘or the Minister of Justice’
Mr Jim Allister
Amendment 20 [Made]
Clause 3 , Page 2, Line 9
After ‘Governor’ insert ‘or the Secretary of State’
Mr Jim Allister
Amendment 21 [Made]
Clause 3 , Page 2, Line 15
Leave out ‘Act’ and insert ‘section’
Mr Jim Allister
Amendment 22 [Made]
Clause 3 , Page 2, Line 15
At end insert -
‘(3) Where the person was convicted in a country or territory outside Northern Ireland, the references in subsection (1)(c), (d) and (e) to sentences are to be read as references to equivalent sentences in the country or territory in which the person was convicted.’
Mr Jim Allister
Clause 3 [Question that Clause 3 as amended stand part agreed on Division]
The Members listed below give notice of their intention to oppose the question that clause 3 stand part of the Bill.
Ms Judith Cochrane
Mr Stewart Dickson
Mr Chris Lyttle
Amendment 23 [Not Called]
New Clause
After clause 3 insert -
‘Meaning of “conflict-related offence”
3A. In this Act, ‘conflict-related offence’ means -
(a) an offence for which a person was released on licence under the Northern Ireland (Sentences) Act 1998, and that licence has not been revoked, or
(b) an offence for which a person would have been released on licence under the Northern Ireland (Sentences) Act 1998, had the person not already been released before that Act came into operation.’
Mr Mitchel McLaughlin
Ms Megan Fearon
Amendment 24 [Made]
Clause 4 , Page 2, Line 18
After ‘employed’ insert ‘at any time’
Mr Jim Allister
Amendment 25 [Made]
Clause 5 , Page 2, Line 26
Leave out ‘3’ and insert ‘2’
Mr Jim Allister
Amendment 26 [Made]
Clause 5 , Page 2, Line 30
Leave out ‘function’ and insert ‘power’
Mr Jim Allister
Amendment 27 [Made]
Clause 5 , Page 2, Line 32
Leave out ‘function’ and insert ‘power’
Mr Jim Allister
Amendment 28 [Made]
Clause 5 , Page 2, Line 34
Leave out ‘function’ and insert ‘power’
Mr Jim Allister
Amendment 29 [Made]
Clause 5 , Page 2, Line 38
Leave out ‘employment’ and insert ‘appointment’
Mr Jim Allister
Amendment 30 [Made]
Clause 6 , Page 3, Line 3
Leave out ‘3’ and insert ‘2’
Mr Jim Allister
Amendment 31 [Made on Division]
Clause 6 , Page 3, Line 3
At end insert -
‘( ) Where a Minister proposes to appoint a special adviser, such an appointment shall be subject to the terms of the code.’
Ms Judith Cochrane
Mr Stewart Dickson
Mr Chris Lyttle
Amendment 32 [Made on Division]
Clause 6 , Page 3, Line 4
Leave out subsection (2) and insert -
‘(2) Without prejudice to the generality of subsection (1), the code must provide that persons proposed for appointment as special advisers -
(a) must be subject to the same vetting procedures as persons to be appointed as Senior Civil Servants to the Northern Ireland Civil Service,
(b) must not be subject to further vetting procedures if they have been subject to vetting procedures in accordance with section (Determination of eligibility of special advisers by Commissioners (Amendment 11)).’
Mr Jim Allister
Amendment 33 [Not Called]
Clause 6 , Page 3, Line 4
Leave out subsection (2) and insert -
‘(2) Without prejudice to the generality of subsection (1), the code must provide that the appointment of special advisers must be subject to -
(a) an assessment of the candidate’s character by the Department of Finance and Personnel, including a criminal record check; and
(b) a recommendation to the appointing Minister regarding test of character, consistent with the decision that would have been taken with any other applicant to the NICS.’
Ms Judith Cochrane
Mr Stewart Dickson
Mr Chris Lyttle
Amendment 34 [Not Called]
Clause 6 , Page 3, Line 4
Leave out subsection (2) and insert -
‘(2) Without prejudice to the generality of subsection (1), the code must provide that persons proposed for appointment as special advisers -
(a) must be subject to the same vetting procedures as persons to be appointed as Senior Civil Servants to the Northern Ireland Civil Service,
(b) must not be subject to further vetting procedures if they have been subject to vetting procedures in accordance with section (Determination of eligibility of special advisers by Commissioners (Amendment 16)).’
Mr Dominic Bradley
Mr Alban Maginness
Amendment 35 [Not Moved]
Clause 6 , Page 3, Line 7
At end insert -
‘( ) Until such times as the appointment process has been completed, and an appointment made in accordance with the code, no person may exercise the functions or be entitled to the benefits and privileges of a special adviser.
( ) The code must provide for a mechanism that would allow an appointing Minister or a prospective candidate to appeal to an independent panel appointed for that purpose by the First Minister and deputy First Minister.’
Ms Judith Cochrane
Mr Stewart Dickson
Mr Chris Lyttle
Amendment 36 [Not Moved]
Clause 6 , Page 3, Line 9
At end insert -
‘(4) All persons exercising functions in respect of the appointment of special advisers must have regard to the code.’
Mr Jim Allister
Clause 6 [Question that Clause 6 as amended stand part agreed on Division]
The Members listed below give notice of their intention to oppose the question that clause 6 stand part of the Bill.
Mr Mitchel McLaughlin
Ms Megan Fearon
Amendment 37 [Not Called]
New Clause
After clause 6 insert -
‘Procedure for appointments
6A. -(1) The Department must, within 3 months from the date of coming into operation of this section, make regulations governing the appointment of special advisers.
(2) Without prejudice to the generality of subsection (1), those regulations must provide that -
(a) a person to be appointed as a special adviser must be subject to the same vetting procedures as persons appointed as civil servants to the Northern Ireland Civil Service, save that the vetting procedures must not take into account any serious criminal conviction the person has for a conflict-related offence,
(b) where enhanced vetting procedures apply to a particular class of civil servants, those enhanced vetting procedures do not apply to persons to be appointed as special advisers,
(c) where a person has been subject to vetting procedures in accordance with section (Exception for conflict-related offences: procedure for proposed appointees), the person will not be subject to any further vetting procedures for the purposes of appointment as a special adviser.
(3) Regulations under this section must not be made unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.’
Mr Mitchel McLaughlin
Ms Megan Fearon
Amendment 38 [Made]
Clause 8 , Page 3, Line 19
At end insert -
‘ “the Commissioners” means the Civil Service Commissioners for Northern Ireland,’
Mr Jim Allister
Amendment 39 [Made]
Clause 8 , Page 3, Line 20
Before ‘Department’ insert ‘The’
Mr Jim Allister
Amendment 40 [Made]
Clause 8 , Page 3, Line 21
Before ‘Minister’ insert ‘The’
Mr Jim Allister
Amendment 41 [Made]
Clause 10 , Page 3, Line 32
After ‘Sections’ insert ‘2(subsection as inserted by Amendment 8), (Determination of eligibility of special advisers by Commissioners (Amendment 11)),’
Mr Jim Allister
Amendment 42 [Not Called]
Clause 10 , Page 3, Line 32
After ‘Sections’ insert ‘(Exception for conflict-related offences: procedure for existing appointees), (Exception for conflict-related offences: review panel), (Exception for conflict-related offences: appeals), (Meaning of “conflict-related offence”),’
Mr Mitchel McLaughlin
Ms Megan Fearon
Amendment 43 [Not Called]
Clause 10 , Page 3, Line 32
After ‘Sections’ insert ‘2(subsection as amended by Amendment 6), (Meaning of “conflict-related offence”), (Determination of eligibility of special advisers by Commissioners (Amendment 16)),’
Mr Dominic Bradley
Mr Alban Maginness
Amendment 44 [Made]
Clause 10 , Page 3, Line 32
Leave out ‘and 6’ and insert ‘, 6, 8, 10 and 11’
Mr Jim Allister
