Inquiry into Historical Institutional Abuse Bill Marshalled List of Amendments Consideration Stage

Tuesday 20 November 2012

Amendments tabled up to 9.30am Thursday, 15 November 2012 and selected for debate.

The Bill will be considered in the following order - 

Clauses and Long Title

Amendment 1 [Negatived on Division]

Clause 1, Page 1, Line 5

At beginning insert -

‘Subject to this section,’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 2 [Negatived]

Clause 1, Page 1, Line 5

Leave out from ‘as’ to the end of line 7 and insert -

‘(a) to examine the arrangements in place in institutions in Northern Ireland for the protection of children from abuse during the period between 1922 and 1995;

(b) to examine if there were systemic failings by institutions or the state in their duties towards children in their care during the period between 1922 and 1995;

(c)  to make relevant findings and recommendations, including recommendations to ensure that abuse is prevented effectively in the future.’

Mr Jim Allister

Amendment 3 [Made]

Clause 1, Page 1, Line 7

Leave out ‘31st May’ and insert ‘18th October’

The First Minister and deputy First Minister

Amendment 4 [Not Moved]

Clause 1, Page 1, Line 7

At end insert -

‘(2A) The inquiry may report recommendations on changes to law, practice and procedure to prevent future abuse.’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 5 [Made]

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

Amendment 6 [Made]

Clause 1, Page 1, Line 9

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 7 [Made]

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

Amendment 8 [Made]

Clause 1, Page 1, Line 12

Leave out ‘1945’ and insert ‘1922’

The First Minister and deputy First Minister

Amendment 9 [Negatived on Division]

Clause 1, Page 1, Line 16

At end insert -

‘(6) Without prejudice to any finding it may make in its final report, the inquiry panel may publish an interim report on the requirement or desirability for redress to be provided by the Executive to victims of historical institutional abuse.’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 10 [Made]

Clause 2, Page 1, Line 21

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 11 [Made]

Clause 2, Page 2, Line 5

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 12 [Made]

Clause 2, Page 2, Line 8

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 13 [Made]

Clause 2, Page 2, Line 9

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 14 [Made]

Clause 2, Page 2, Line 10

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 15 [Made]

Clause 3, Page 2, Line 41

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 16 [Made]

Clause 3, Page 2, Line 42

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 17 [Made]

Clause 4, Page 3, Line 11

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 18 [Made]

Clause 4, Page 3, Line 13

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 19 [Made]

Clause 4, Page 3, Line 16

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 20 [Made]

Clause 5, Page 3, Line 21

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 21 [Negatived]

Clause 5, Page 3

Leave out lines 23 to 33

Mr Jim Allister

Amendment 22 [Negatived]

Clause 5, Page 3, Line 23

Leave out ‘a notice given to the presiding member’ and insert -

‘an order made’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 23 [Made]

Clause 5, Page 3, Line 23

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 24 [Not Called]

Clause 5, Page 3, Line 25

Leave out ‘a notice’ and insert ‘an order’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 25 [Not Called]

Clause 5, Page 3, Line 26

Leave out ‘notice is sent’ and insert ‘order is made’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 26 [Made]

Clause 5, Page 3, Line 28

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 27 [Not Called]

Clause 5, Page 3, Line 29

Leave out ‘give a notice’ and insert ‘make an order’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 28 [Not Called]

Clause 5, Page 3, Line 31

Leave out ‘set out in the notice’ and insert ‘publish’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 29 [Not Moved]

Clause 5, Page 3

Leave out lines 32 and 33

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 30 [Not Called]

Clause 5, Page 3, Line 33

At end insert -

‘(5) No order shall be made under subsection (1)(b) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 31 [Made]

Clause 6, Page 3, Line 37

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 32 [Made]

Clause 6, Page 3, Line 39

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 33 [Made]

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

Amendment 34 [Made]

Clause 6, Page 4, Line 2

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 35 [Made]

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

Amendment 36 [Made]

Clause 7, Page 4, Line 5

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

The First Minister and deputy First Minister

Amendment 37 [Made]

Clause 7, Page 4, Line 6

Leave out ‘presiding member’ (in both places) and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 38 [Made]

Clause 7, Page 4, Line 14

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 39 [Made]

Clause 7, Page 4, Line 15

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 40 [Made]

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

Amendment 41 [Made]

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

Amendment 42 [Made]

Clause 8, Page 4, Line 23

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 43 [Made]

Clause 8, Page 4, Line 27

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 44 [Made]

Clause 8, Page 5, Line 1

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 45 [Made]

Clause 9, Page 5, Line 19

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 46 [Made]

Clause 9, Page 5, Line 27

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 47 [Made]

Clause 9, Page 6, Line 1

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 48 [Made]

Clause 9, Page 6, Line 4

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 49 [Made]

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

Amendment 50 [Made]

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

Amendment 51 [Made]

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

Amendment 52 [Made]

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

Amendment 53 [Made]

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

Amendment 54 [Made]

Clause 11, Page 6, Line 26

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

The First Minister and deputy First Minister

Amendment 55 [Made]

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

Amendment 56 [Made]

Clause 11, Page 6, Line 32

Leave out ‘OFMDFM’ and insert ‘the chairperson’

The First Minister and deputy First Minister

Amendment 57 [Made]

Clause 11, Page 6, Line 35

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

The First Minister and deputy First Minister

Amendment 58 [Made]

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

Amendment 59 [Made]

Clause 12, Page 7, Line 8

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 60 [Made]

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

Amendment 61 [Made]

Clause 13, Page 7, Line 39

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 62 [Made]

Clause 13, Page 8, Line 1

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 63 [Made]

Clause 13, Page 8, Line 3

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 64 [Made]

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

Amendment 65 [Made]

Clause 14, Page 8, Line 15

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 66 [Made]

Clause 18, Page 9, Line 24

At end insert -

‘(1A) Rules under subsection (1)(a) may in particular¾

(a)  provide that evidence given for the purposes of any particular part of the inquiry must not be disclosed¾

          (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

Amendment 67 [Made]

Clause 18, Page 9, Line 28

Leave out ‘inquiry panel’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 68 [Made]

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

Amendment 69 [Made]

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

Amendment 70 [Made]

Clause 20, Page 10, Line 1

Leave out subsection (2)

The First Minister and deputy First Minister

Amendment 71 [Negatived]

Clause 21, Page 10, Line 10

At end insert -

‘ “abuse” includes physical or mental violence, injury, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse;’

Mr Jim Allister

Amendment 72 [Made]

Clause 21, Page 10, Line 11

At end insert -

‘ “chairperson” means chairperson of the inquiry;’

The First Minister and deputy First Minister

Amendment 73 [Not Called]

Clause 21, Page 10, Line 11

At end insert -

‘ “child” means any person less than 18 years old;’

Mr Jim Allister

Amendment 74 [Made]

Clause 21, Page 10, Line 12

At end insert -

‘ “harm” includes death or injury;’

The First Minister and deputy First Minister

Amendment 75 [Not Called]

Clause 21, Page 10, Line 13

At end insert -

‘ “institution” means any body, society or organisation having responsibility for the care, health or welfare of children in Northern Ireland which, during the period between 1922 and 1995, provided residential accommodation and took decisions about and made provision for the day to day care of children;’

Mr Jim Allister

Amendment 76 [Made]

Clause 21, Page 10, Line 15

At end insert -

‘ “member” includes chairperson;’

The First Minister and deputy First Minister

Amendment 77 [Made]

Clause 21, Page 10

Leave out line 18

The First Minister and deputy First Minister

Amendment 78 [Made]

Clause 21, Page 10, Line 22

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 79 [Made]

Long Title

Leave out ‘1945’ and insert ‘1922’

The First Minister and deputy First Minister