Minutes of Proceedings

Session: 2012/2013

Date: 25 February 2013

Venue: Plenary Chamber

The Assembly met at noon, the Speaker in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Matter of the Day

2.1 Martyn Irvine – World Champion Track Cyclist

Mr Conall McDevitt made a statement, under Standing Order 24, in relation to Martyn Irvine – World Champion Track Cyclist. Other Members were also called to speak on the matter.

3. Assembly Business

3.1 Motion - Extension of sitting on Monday 25 February 2013 under SO 10(3A)

Proposed:

That, in accordance with Standing Order 10(3A), the sitting on Monday 25 February 2013 be extended to no later than 8.00pm.

Mrs S Overend

The Question being put, the Motion was carried without division.

3.2 Motion – Committee Membership

Proposed:

That Mr Robin Swann replace Mr John McCallister as a member of the Committee for the Office of the First Minister and deputy First Minister.

Mr R Swann
Mrs S Overend

The Question being put, the Motion was carried without division.

4. Executive Committee Business

4.1 Resumption of Consideration Stage – Criminal Justice Bill (NIA 10/11-15)

Consideration Stage of the Criminal Justice Bill was debated on Tuesday 19 February 2013 but the votes after Amendment 20 was deferred because a valid Petition of Concern was presented under Standing Order 28 on Tuesday 19 February 2013 in relation to Amendments 21, 24 and 26.

Schedules

Amendment 21 was not moved.

Amendment 22 to Schedule 2 was negatived (Division 1).

Amendment 23 to Schedule 2 was negatived (Division 2).

Amendment 24 was not moved.

As Amendment 22 was not made, Amendment 25 was not called.

As Amendment 24 was not made, Amendment 26 was not called.

Amendment 27 to Schedule 2 was made (Division 3).

Amendment 28 to Schedule 2 was made without division.

Amendment 29 to Schedule 2 was made (Division 4).

Amendment 30 was not moved.

The question being put, it was agreed without division that Schedule 2 as amended stand part of the Bill.

As Amendments 18 and 19 were not made, Amendment 31 was not called.

Amendment 32 to Schedule 3 was made without division.

Amendment 33 to Schedule 3 was made (Division 5).

As Amendment 26 was not made, Amendment 34 was not called.

The question being put, it was agreed without division that Schedule 3 as amended stand part of the Bill.

Amendment 35 to Schedule 4 was made without division.

Amendment 36 to Schedule 4 was made without division.

Amendment 37 to Schedule 4 was made without division.

The question being put, it was agreed without division that Schedule 4 as amended stand part of the Bill.

Long Title

Amendment 38 to the Long Title was made without division.

Amendment 39 to the Long Title was made without division.

Amendment 40 to the Long Title was made without division.

Amendment 41 to the Long Title was made without division.

The question being put, the Long Title, as amended, was agreed without division.

The Criminal Justice Bill NIA 10/11-15 stood referred to the Speaker.

4.2 Further Consideration Stage: Water and Sewerage Services (Amendment) Bill (NIA 16/11-15)

Proposed:

The Minister for Regional Development, Mr Danny Kennedy, moved the Further Consideration Stage of the Water and Sewerage Services (Amendment) Bill.

No amendments were tabled to the Bill.

The Water and Sewerage Services (Amendment) Bill (NIA 16/11-15) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

4.3 Final Stage: Budget Bill (NIA 18/11-15)

Proposed:

The Minister for Finance and Personnel, Mr Sammy Wilson. moved that the Final Stage of the Budget Bill (NIA 18/11-15) do now pass.

Debate ensued.

The Deputy Speaker (Mr Beggs) took the Chair.

The Budget Bill (NIA 18/11-15) passed Final Stage with cross-community support.

The debate was suspended for Question Time.

5. Question Time

5.1 Culture, Arts and Leisure

Questions were put to, and answered by, the Minister of Culture, Arts and Leisure, Ms Carál Ní Chuilín.

5.2 Environment

Questions were put to, and answered by, the Minister for the Environment, Mr Alex Attwood.

6. Executive Committee Business (Cont’d)

6.1 Legislative Consent Motion: Antarctic Bill

Proposed:

That this Assembly endorses the principle of the extension of the Antarctic Bill to Northern Ireland including the provision making the regulation of activities in Antarctica an excepted matter.

Office of the First Minister and deputy First Minister

The Deputy Speaker (Mr Dallat) took the Chair.

Debate ensued.

The Question being put, the Motion was carried without division.

6.2 Motion – Rates (Exemption for Automatic Telling Machines in Rural Areas) Order (Northern Ireland) 2013

Proposed:

That the Rates (Exemption for Automatic Telling Machines in Rural Areas) Order (Northern Ireland) 2013 be affirmed.

Minister of Finance and Personnel

Debate ensued.

The Question being put, the Motion was carried without division.

6.3 Motion – Rates (Regional Rates) Order (Northern Ireland) 2013

Proposed:

That the Rates (Regional Rates) Order (Northern Ireland) 2013 be affirmed.

Minister of Finance and Personnel

Debate ensued.

The Question being put, the Motion was carried with cross-community support nemine contradicente.

6.4 Motion – Rates (Temporary Rebate) (Amendment) Order (Northern Ireland) 2013

Proposed:

That the Rates (Temporary Rebate) (Amendment) Order (Northern Ireland) 2013 be affirmed.

Minister of Finance and Personnel

Debate ensued.

The Question being put, the Motion was carried without division.

7. Committee Business

7.1 Motion – Grassroot and Elite Sports Facilities

Proposed:

That this Assembly notes the target in the Sport Matters strategy to have a minimum of 10 new or upgraded facilities by 2014 that will support player and athlete development in Olympic and Paralympic sports; and calls on the Minister of Culture, Arts and Leisure to consider prioritising funding towards grassroot sports and elite facilities from within her existing budget, to ensure that our sports people competing in future Olympic and Commonwealth Games are not disadvantaged as a result of lack of investment.

Chairperson, Committee for Culture, Arts and Leisure

Debate ensued.

The Question being put, the Motion was carried without division.

8. Private Members’ Business

8.1 Motion – Graduate Programmes in the Agri-food Sector

Proposed:

That this Assembly notes the importance of the agri-food sector to the Northern Ireland economy; believes that this sector has the potential for significant growth in the future; recognises the need for graduates in this area and calls on the Minister for Employment and Learning and the Minister of Agriculture and Rural Development to promote graduate programmes in this sector, particularly within our two universities.

Debate ensued.

The Speaker took the Chair.

The Question being put, the Motion was carried without division.

9. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 6.50pm.

Mr William Hay
The Speaker

25 February 2013

Northern Ireland Assembly

25 February 2013
Divisions

Division No. 1

Consideration Stage: Criminal Justice Bill (NIA 10/11-15) – Amendment No 22

Proposed:

In page 16, line 1, leave out paragraph (d) and insert

" (d) the District Judge (Magistrates’ Court) has made an order under paragraph (13) for the retention of the material."

Mr McCartney

Question put, That the amendment be made.

The Assembly divided.

Ayes: 32
Noes: 56

AYES

Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Durkan, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mrs McKevitt, Mr Mitchel McLaughlin, Mr McMullan, Mr A Maginness, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Lynch and Ms McCorley

NOES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, Mrs Cochrane, Mr Copeland, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Dunne, Mr Easton, Mr Elliott, Dr Farry, Mr Ford, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCarthy, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Ms Lo and Mr McCarthy

Question accordingly negatived.

Northern Ireland Assembly

25 February 2013
Divisions

Division No. 2

Consideration Stage: Criminal Justice Bill (NIA 10/11-15) – Amendment No 23

Proposed:

In page 16, line 26, leave out paragraphs (11) and (12).

Mr McCartney

Question put, That the amendment be made.

The Assembly divided.

Ayes: 32
Noes: 55

AYES

Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Durkan, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mrs McKevitt, Mr Mitchel McLaughlin, Mr McMullan, Mr A Maginness, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Lynch and Ms McCorley

NOES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, Mrs Cochrane, Mr Copeland, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Dunne, Mr Easton, Mr Elliott, Dr Farry, Mr Ford, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lyttle, Mr McCallister, Mr McCarthy, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Ms Lo and Mr McCarthy

Question accordingly negatived.

Northern Ireland Assembly

25 February 2013
Divisions

Division No. 3

Consideration Stage: Criminal Justice Bill (NIA 10/11-15) – Amendment No 27

Proposed:

In page 19, line 14, at end insert

" Retention of Article 63B material: persons completing diversionary youth conference

63HB.—(1) This Article applies to Article 63B material which—

(a) relates to a person who has completed the diversionary youth conference process with respect to a recordable offence; and

(b) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.

(2) The material may be retained until—

(a) in the case of fingerprints, the end of the period of 5 years beginning with the date on which the fingerprints were taken, and

(b) in the case of a DNA profile, the end of the period of 5 years beginning with—

(i) the date on which the DNA sample from which the profile was derived was taken, or

(ii) if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken.

(3) For the purposes of this Article, a person completes the diversionary youth conference process with respect to an offence if (and only if)—

(a) a diversionary youth conference under Part 3A of the Criminal Justice (Children) (Northern Ireland) Order 1998 has been completed with respect to that person and that offence, and

(b) the Director of Public Prosecutions, having considered the report of the youth conference co-ordinator, has determined not to institute proceedings against the person in respect of the offence or, as the case may be, not to continue proceedings already instituted against the person in respect of the offence."

Mr Ford (The Minister of Justice)

Question put, That the amendment be made.

The Assembly divided.

Ayes: 46
Noes: 45

AYES

Mr Agnew, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mrs Cochrane, Mr Dickson, Mr Durkan, Dr Farry, Ms Fearon, Mr Flanagan, Mr Ford, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mrs McKevitt, Mr Mitchel McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Ms Lo and Mr McCarthy

NOES

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Dunne, Mr Easton, Mr Elliott, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Mr McQuillan and Mr G Robinson

Question accordingly agreed to.

Northern Ireland Assembly

25 February 2013
Divisions

Division No.4

Consideration Stage: Criminal Justice Bill (NIA 10/11-15) – Amendment No 29

Proposed:

In page 19, line 14, at end insert

" Retention of Article 63B material: persons given a penalty notice

63HC.—(1) This Article applies to Article 63B material which—

(a) relates to a person who is given a penalty notice under section 60 of the Justice Act (Northern Ireland) 2011 and in respect of whom no proceedings are brought for the offence to which the notice relates, and

(b) was taken (or, in the case of a DNA profile, derived from a sample taken) from the person in connection with the investigation of the offence to which the notice relates.

(2) The material may be retained—

(a) in the case of fingerprints, for a period of 2 years beginning with the date on which the fingerprints were taken,

(b) in the case of a DNA profile, for a period of 2 years beginning with —

(i) the date on which the DNA sample from which the profile was derived was taken, or

(ii) if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken." — [Mr Ford (The Minister of Justice ).]

Amendment No 29 proposed: In page 19, line 14, at end insert

" Retention of Article 63B material: persons under 18 given a caution

63HA.—(1) This Article applies to Article 63B material which —

(a) relates to a person who —

(i) is given a caution in respect of a recordable offence which, at the time of the caution, the person admitted; and

(ii) is aged under 18 at the time of the offence, and

(b) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.

(2) The material may be retained until —

(a) in the case of fingerprints, the end of the period of 5 years beginning with the date on which the fingerprints were taken, and

(b) in the case of a DNA profile, the end of the period of 5 years beginning with —

(i) the date on which the DNA sample from which the profile was derived was taken, or

(ii) if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken."

Mr A Maginness

Question put, That the amendment be made.

The Assembly divided.

Ayes: 46
Noes: 44

AYES

Mr Agnew, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mrs Cochrane, Mr Dickson, Mr Durkan, Dr Farry, Ms Fearon, Mr Flanagan, Mr Ford, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mrs McKevitt, Mr Mitchel McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Byrne and Mr Durkan

NOES

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Dunne, Mr Easton, Mr Elliott, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wilson.

Tellers for the Noes: Mr McQuillan and Mr G Robinson

Question accordingly agreed to.

Northern Ireland Assembly

25 February 2013
Divisions

Division No. 5

Consideration Stage: Criminal Justice Bill (NIA 10/11-15) – Amendment No 33

Proposed:

In page 23, line 12, leave out from "that has come" to the end of line 13 and insert

" which—

(a) has been taken by the police from a person—

(i) under a power conferred by Article 62 or 63; or

(ii) with the consent of that person, in connection with the investigation of an offence by the police;

(b) consists of or includes human cells; and

(c) was taken for the purpose of deriving a DNA profile from it; ". — [Mr Ford (The Minister of Justice ).]

Amendment No 33 proposed: In page 23, line 29, leave out "which" and insert

"—

(i) which was committed when that person was aged 18 or over, and

(ii) which".

Mr A Maginness

Question put, That the amendment be made.

The Assembly divided.

Ayes: 47
Noes: 45

AYES

Mr Agnew, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mrs Cochrane, Mr Dickson, Mr Durkan, Mr Eastwood, Dr Farry, Ms Fearon, Mr Flanagan, Mr Ford, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mrs McKevitt, Mr Mitchel McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Byrne and Mr Rogers

NOES

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Dunne, Mr Easton, Mr Elliott, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Mr McQuillan and Mr G Robinson

Question accordingly agreed to.

Criminal Justice Bill

Marshalled List of Amendments

Consideration Stage

Tuesday 19 February 2013

Amendments tabled up to 9.30am Thursday, 14 February 2013 and selected for debate

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1

New Clause

After clause 1 insert -

Notification requirements: absence from notified residence

1A. - (1) Part 2 of the Sexual Offences Act 2003 is amended as follows.

(2) After section 85 insert -

“Notification requirements: absence from notified residence

85A. - (1) This section applies to a relevant offender at any time if the last home address notified by him under section 83(1), 84(1) or 85(1) was an address in Northern Ireland such as is mentioned in section 83(7)(a) (sole or main residence).

(2) If the relevant offender intends to be absent from that home address for a period of more than 3 days (“the relevant period”), the relevant offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3).

(3) The information is -

(a) the date on which the relevant offender will leave that home address;

(b) such details as the relevant offender holds about -

(i) his travel arrangements during the relevant period;

(ii) his accommodation arrangements during that period;

(iii) his date of return to that home address.

(4) In this section -

“travel arrangements” include, in particular, details of the means of transport to be used and the dates of travel,

“accommodation arrangements” include, in particular, the address of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation.

(5) Where -

(a) a relevant offender has given a notification under subsection (2), and

(b) at any time before that mentioned in that subsection, the information notified becomes inaccurate or incomplete,

the relevant offender must give a further notification under subsection (2).

(6) Where a relevant offender -

(a) has notified a date of return to his home address, but

(b) returns to his home address on a date other than that notified,

the relevant offender must notify the date of his actual return to the police within 3 days of his actual return.

(7) Nothing in this section requires an offender to notify any information which falls to be notified in accordance with a requirement imposed by regulations under section 86.

(8) In calculating the relevant period for the purposes of this section there is to be disregarded -

(a) any period or periods which the relevant offender intends to spend at, or travelling directly to or from, an address of the kind mentioned in section 83(5)(g) notified to the police under section 83 or 85;

(b) any period or periods which the relevant offender intends to spend at, or travelling directly to or from, any premises, if his stay at those premises would give rise to a requirement to notify the address of those premises under section 84(1)(c).

(9) This section applies in relation to any relevant period which begins on or after the day after the coming into operation of section (Notification requirements: absence from notified residence) of the Criminal Justice Act (Northern Ireland) 2013.”.

(3) In section 87(1) and (4) (method of notification) for “or 85(1)” substitute “, 85(1) or 85A(2) or (6)”.

(4) In section 91 (offences) -

(a) in subsection (1)(a) after “85(1)” insert “, 85A(2) or (6)”;

(b) in subsection (1)(b) for “or 85(1)” substitute “, 85(1) or 85A(2) or (6)”;

(c) in subsection (3) for “or 85(1)” substitute “, 85(1) or 85A(2) or (6)”.’

Minister of Justice

Amendment 2

Clause 3 , Page 2, Line 31

Leave out ‘an EEA State other than’ and insert ‘a country outside’

Minister of Justice

Amendment 3

Clause 3 , Page 2, Line 32

Leave out ‘an EEA State other than’ and insert ‘a country outside’

Minister of Justice

Amendment 4

Clause 3 , Page 2, Line 35

Leave out ‘an EEA State other than’ and insert ‘a country outside’

Minister of Justice

Amendment 5

Clause 3 , Page 3, Line 14

Leave out ‘State’ and insert ‘country’

Minister of Justice

Amendment 6

Clause 3 , Page 3, Line 24

Leave out ‘to the modifications set out below’ and insert ‘ -

(a) in all cases, to the modifications set out below; and

(b) in a case where the first condition mentioned in subsection (2) is met by reason of a conviction, finding or caution in a country which is not a member of the Council of Europe, to the further provisions in section 96AA.’

Minister of Justice

Amendment 7

Clause 3 , Page 4, Line 18

Leave out ‘State’ and insert ‘country’

Minister of Justice

Amendment 8

Clause 3 , Page 4, Line 24

Leave out ‘an EEA State other than’ and insert ‘a country outside’

Minister of Justice

Amendment 9

Clause 3 , Page 4, Line 25

At end insert -

Convictions, etc. in a country which is not a member of the Council of Europe

96AA. - (1) The further provisions referred to in section 96A(5)(b) are as follows.

(2) Where P is charged with an offence under section 91(1)(a), it is a defence for P to prove that the relevant conviction, finding or caution falls within subsection (4).

(3) P shall cease to be subject to the notification requirements of this Part by virtue of section 96A if the High Court, on an application made by P in accordance with rules of court, so orders; but the High Court shall not make such an order unless it is satisfied that the relevant conviction, finding or caution falls within subsection (4).

(4) A conviction, finding or caution falls within this subsection if the relevant court is satisfied -

(a) that any investigations or proceedings leading to it were conducted in a way which contravened any of the Convention rights which P would have had if those investigations or proceedings had taken place in the United Kingdom; and

(b) that contravention was such that, in the opinion of the court, the conviction, finding or caution cannot safely be relied on for the purposes of meeting the condition in section 96A(2).

(5) In this section -

“the relevant conviction, finding or caution” means the conviction, finding or caution by reason of which P is subject, by virtue of section 96A, to the notification requirements of this Part;

“the relevant court” means -

(a) in a case to which subsection (2) applies, the court before which P is charged;

(b) in a case to which subsection (3) applies, the High Court.”.’

Minister of Justice

Amendment 10

Clause 3 , Page 4, Line 26

Leave out from beginning to ‘section 97’ in line 29 and insert -

‘(3) Omit sections 97 to 101 (notification orders).

(4) Subsection (3) (and the related repeals in Part 1 of Schedule 4) do not affect the validity or effect of any order made under section 97 or 100’

Minister of Justice

Amendment 11

Clause 3 , Page 4

Leave out line 33 and insert ‘ for “98” substitute “96A(6)”’

Minister of Justice

Amendment 12

Clause 5 , Page 6, Line 2

Leave out paragraph (a)

Minister of Justice

Amendment 13

New Clause

After clause 6 insert -

Trafficking offences to be triable only on indictment

6A. - (1) In section 57(2) of the Sexual Offences Act 2003 (trafficking into the UK for sexual exploitation) omit paragraph (a).

(2) In section 58(2) of that Act (trafficking within the UK for sexual exploitation) omit paragraph (a).

(3) In section 59(2) of that Act (trafficking out of the UK for sexual exploitation) omit paragraph (a).

(4) In section 4(5) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation) omit paragraph (b).

(5) This section does not apply in relation to an offence committed before this section comes into operation.’

Minister of Justice

Amendment 14

New Clause

After Clause 7 insert -

‘Release on licence of child convicted of serious offence

Release on licence of child convicted of serious offence

7A. - (1) In Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (child convicted of serious offence) for “notwithstanding any other provisions of this Order” substitute “subject to Articles 46 to 46B”.

(2) In Article 45 of that Order after paragraph (2) insert -

“(2A) Where a court passes a sentence under paragraph (2), the court shall specify such part of the sentence as the court considers appropriate as the relevant part of the sentence for the purposes of Article 46 (release on licence).”.

(3) For Article 46 of that Order substitute -

“Release on licence

46. - (1) In this Article -

(a) “P” means a person detained under Article 45(2);

(b) “the Commissioners” means the Parole Commissioners for Northern Ireland;

(c) “the Department” means the Department of Justice; and

(d) references to the relevant part of P’s sentence are references to the part of P’s sentence specified as such under Article 45(2A).

(2) As soon as—

(a) P has served the relevant part of P’s sentence, and

(b) the Commissioners have directed P’s release under this Article,

the Department shall release P on licence.

(3) The Commissioners shall not give a direction under paragraph (2) with respect to P unless—

(a) the Department has referred P’s case to the Commissioners; and

(b) the Commissioners are satisfied that it is no longer necessary for the protection of the public from serious harm that P should be detained.

(4) P may require the Department to refer P’s case to the Commissioners at any time—

(a) after P has served the relevant part of P’s sentence; and

(b) where there has been a previous reference of P’s case to the Commissioners under paragraph (3) or Article 46B(4), after the end of the period of 12 months beginning with the disposal of that reference.

(5) In determining for the purposes of this Article whether P has served the relevant part of P’s sentence, no account shall be taken of any time during which P was unlawfully at large, unless the Department otherwise directs.

(6) The Department may at any time release P on licence if it is satisfied that exceptional circumstances exist which justify P’s release on compassionate grounds.

(7) Before releasing P under paragraph (6), the Department shall consult the Commissioners, unless the circumstances are such as to render such consultation impracticable.

(8) Nothing in this Article requires the Department to release a person in respect of a sentence under Article 45(2) at any time when that person is liable to be detained in respect of any other sentence.

Duration and conditions of licences under Article 46

46A. - (1) Where a person is released on licence under Article 46, the licence shall, unless previously revoked under Article 46B, remain in force until the expiry of the period for which the person was sentenced to be detained.

(2) A person released on licence under Article 46 shall comply with such conditions as may for the time being be specified in the licence (which may include on release conditions as to supervision by a probation officer).

(3) The Department of Justice shall not, except in accordance with recommendations of the Parole Commissioners for Northern Ireland -

(a) include a condition in a licence on release,

(b) subsequently insert a condition in a licence, or

(c) vary or cancel any condition in a licence.

Recall of licensees

46B. —(1) In this Article -

“P” means a person who has been released on licence under Article 46;

“the Commissioners” and “the Department” have the meanings given in Article 46(1).

(2) The Department may revoke P’s licence and recall P to detention -

(a) if recommended to do so by the Commissioners, or

(b) without such a recommendation, if it appears to the Department that it is expedient in the public interest to recall P before such a recommendation is practicable.

(3) P—

(a) shall, on P’s return to detention, be informed of the reasons for the recall and of the right conferred by sub-paragraph (b); and

(b) may make representations in writing to the Department with respect to the recall.

(4) The Department shall refer P’s case to the Commissioners.

(5) Where on a reference under paragraph (4) the Commissioners direct P’s immediate release on licence under Article 46, the Department shall give effect to the direction.

(6) The Commissioners shall not give a direction under paragraph (5) unless they are satisfied that it is no longer necessary for the protection of the public from serious harm that P should be detained.

(7) On the revocation of P’s licence, P shall be liable to be detained in pursuance of P’s sentence and, if at large, shall be treated as being unlawfully at large.”.

(4) In Article 46(3) of the Criminal Justice (Northern Ireland) Order 2008 (functions of Parole Commissioners for Northern Ireland) at the end add “or Articles 46 to 46B of the Criminal Justice (Children) (Northern Ireland) Order 1998.”

(5) Where -

(a) on commencement a person is detained in pursuance of a sentence under Article 45(2) of the 1998 Order, and

(b) the Department, after consultation with the Lord Chief Justice and the trial judge if available, certifies its opinion that, if the amendments made by this section had been in operation at the time when that person was sentenced, the court by which that person was sentenced would have specified as the relevant part of the sentence such part as is specified in the certificate,

Article 46 of the 1998 Order (as substituted) shall apply as if the relevant part of that person’s sentence for the purposes of that Article were the part specified in the certificate.

(6) But subsection (5) does not apply (and subsection (7) applies instead) where that person is a person whose licence has been revoked under Article 46(2) of the 1998 Order.

(7) Where this subsection applies, paragraphs (3) to (6) of Article 46B of the 1998 Order have effect as if that person had been recalled to prison under paragraph (2) of that Article on commencement.

(8) Articles 46A and 46B of the 1998 Order apply to an existing licensee as they apply to a person who is released on licence under Article 46 of that Order (as substituted).

(9) In this section -

“commencement” means the date on which this section comes into operation;

“existing licensee” means a person who, before commencement, has been discharged on licence under Article 46 of the 1998 Order and whose licence is in force on commencement;

“the 1998 Order” means the Criminal Justice (Children) (Northern Ireland) Order 1998.’

Minister of Justice

Amendment 15

New Clause

After clause 7 insert -

‘Examination of accused through intermediary

Examination of accused through intermediary

7B. - (1) In section 12(1) of the Justice Act (Northern Ireland) 2011 (which at the passing of this Act is not in operation), the inserted Article 21BA of the Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.

(2) At the beginning of paragraph (2) insert “Subject to paragraph (2A),”.

(3) After paragraph (2) insert -

“(2A) A court may not give a direction under paragraph (3) unless—

(a) the court has been notified by the Department of Justice that arrangements for implementing such a direction have been made in relation to that court; and

(b) the notice has not been withdrawn.

(2B) The withdrawal of a notice given to a court under paragraph (2A) does not affect the operation of any direction under paragraph (3) given by that court before the notice is withdrawn.”.’

Minister of Justice

Amendment 16

New Clause

After clause 7 insert -

Abolition of scandalising the judiciary as form of contempt of court

7C. - (1) Scandalising the judiciary (also referred to as scandalising the court or scandalising judges) is abolished as a form of contempt of court under the common law.

(2) That abolition does not prevent proceedings for contempt of court being brought against a person for conduct that immediately before that abolition would have constituted both scandalising the judiciary and some other form of contempt of court.’

Chair, Committee for Justice

Amendment 17

Clause 9 , Page 8, Line 2

Leave out subsections (1) and (2) and insert -

‘(1) Except as provided by subsection (2), this Act comes into operation on the day after Royal Assent,

(2) The following provisions of this Act come into operation on such day or days as the Department may by order appoint -

(a) section 1 and Schedule 1;

(b) section (Notification requirements: absence from notified address);

(c) sections 3 and 4;

(d) section 7 and Schedules 2 and 3;

(e) Parts 1 and 3 of Schedule 4 and section 8 so far as relating thereto.’

Minister of Justice

Amendment 18

Schedule 2 , Page 14, Line 26

At end insert -

‘(c) a photograph taken as mentioned in sub-paragraph (a)(i) or (ii)’

Mr Raymond McCartney
Mr Seán Lynch
Ms Rosaleen McCorley

Amendment 19

Schedule 2 , Page 14, Line 27

After ‘Fingerprints’ insert ‘, photographs’

Mr Raymond McCartney
Mr Seán Lynch
Ms Rosaleen McCorley

Amendment 20

Schedule 2 , Page 15, Line 14

Leave out from ‘the conclusion’ to end of line 17 and insert ‘the Chief Constable determines that the material is of no evidential value in relation to -

(a) the investigation of the offence; or

(b) proceedings against any person for the offence.’

Minister of Justice

Amendment 21

Schedule 2 , Page 15, Line 41

Leave out from beginning to end of line 3 on page 16 and insert ‘and

(c) the Northern Ireland Commissioner for the Retention of Biometric Material has consented under Article 63DA to the retention of the material.’

Minister of Justice

Amendment 22

Schedule 2 , Page 16, Line 1

Leave out paragraph (d) and insert -

‘(d) the District Judge (Magistrates’ Court) has made an order under paragraph (13) for the retention of the material.’

Mr Raymond McCartney
Mr Seán Lynch
Ms Rosaleen McCorley

Amendment 23

Schedule 2 , Page 16, Line 26

Leave out paragraphs (11) and (12)

Mr Raymond McCartney
Mr Seán Lynch
Ms Rosaleen McCorley

Amendment 24

Schedule 2 , Page 16, Line 37

Leave out paragraph (13)

Minister of Justice

Amendment 25

Schedule 2 , Page 16, Line 37

Leave out ‘Commissioner’ and insert ‘District Judge (Magistrates’ Court)’

Mr Raymond McCartney
Mr Seán Lynch
Ms Rosaleen McCorley

Amendment 26

Schedule 2 , Page 17

Leave out lines 12 and 13 and insert -

Retention of Article 63B material by virtue of Article 63D(5): consent of Commissioner

63DA. - (1) T he Chief Constable may apply under paragraph (2) or (3) to the Commissioner appointed under Article 63D(11) for consent to the retention of Article 63B material which falls within Article 63D(5)(a) and (b).

(2) The Chief Constable may make an application under this paragraph if the Chief Constable considers that the material was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence where any alleged victim of the offence was, at the time of the offence—

(a) under the age of 18,

(b) a vulnerable adult, or

(c) associated with the person to whom the material relates.

(3) The Chief Constable may make an application under this paragraph if the Chief Constable considers that—

(a) the material is not material to which paragraph (2) relates, but

(b) the retention of the material is necessary in the interests of public protection.

(4) The Department of Justice may by order amend paragraph (2) or (3).

(5) The Commissioner may, on an application under this Article, consent to the retention of material to which the application relates if the Commissioner considers that it is appropriate to retain the material.

(6) But where notice is given under paragraph (7) in relation to the application, the Commissioner must, before deciding whether or not to give consent, consider any representations by the person to whom the material relates which are made within the period of 28 days beginning with the day on which the notice is given.

(7) The Chief Constable must give to the person to whom the material relates notice of—

(a) an application under this Article, and

(b) the right to make representations.

(8) Without prejudice to section 24 of the Interpretation Act ( Northern Ireland) 1954 (service of documents), a notice under paragraph (7) may, in particular, be given to a person by sending it to the person by email or other electronic means.

(9) The requirement in paragraph (7) does not apply if the whereabouts of the person to whom the material relates is not known and cannot, after reasonable inquiry, be ascertained by the Chief Constable.

(10) An application or notice under this Article must be in writing.

(11) In this Article—

“victim” includes intended victim,

“vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise,

and the reference in paragraph (2)(c) to a person being associated with another person is to be read in accordance with Article 3(3) to (6) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998.’

Minister of Justice

Amendment 27

Schedule 2 , Page 19, Line 14

At end insert -

Retention of Article 63B material: persons completing diversionary youth conference

63HB. - (1) This Article applies to Article 63B material which -

(a) relates to a person who has completed the diversionary youth conference process with respect to a recordable offence; and

(b) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.

(2) The material may be retained until -

(a) in the case of fingerprints, the end of the period of 5 years beginning with the date on which the fingerprints were taken, and

(b) in the case of a DNA profile, the end of the period of 5 years beginning with -

(i) the date on which the DNA sample from which the profile was derived was taken, or

(ii) if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken.

(3) For the purposes of this Article, a person completes the diversionary youth conference process with respect to an offence if (and only if) -

(a) a diversionary youth conference under Part 3A of the Criminal Justice (Children) ( Northern Ireland) Order 1998 has been completed with respect to that person and that offence, and

(b) the Director of Public Prosecutions, having considered the report of the youth conference co-ordinator, has determined not to institute proceedings against the person in respect of the offence or, as the case may be, not to continue proceedings already instituted against the person in respect of the offence.’

Minister of Justice

Amendment 28

Schedule 2 , Page 19, Line 14

At end insert -

Retention of Article 63B material: persons given a penalty notice

63HC. - (1) This Article applies to Article 63B material which—

(a) relates to a person who is given a penalty notice under section 60 of the Justice Act (Northern Ireland) 2011 and in respect of whom no proceedings are brought for the offence to which the notice relates, and

(b) was taken (or, in the case of a DNA profile, derived from a sample taken) from the person in connection with the investigation of the offence to which the notice relates.

(2) The material may be retained—

(a) in the case of fingerprints, for a period of 2 years beginning with the date on which the fingerprints were taken,

(b) in the case of a DNA profile, for a period of 2 years beginning with—

(i) the date on which the DNA sample from which the profile was derived was taken, or

(ii) if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken.’

Minister of Justice

Amendment 29

Schedule 2 , Page 19, Line 14

At end insert -

‘Retention of Article 63B material: persons under 18 given a caution

63HA. - (1) This Article applies to Article 63B material which -

(a) relates to a person who -

(i) is given a caution in respect of a recordable offence which, at the time of the caution, the person admitted; and

(ii) is aged under 18 at the time of the offence, and

(b) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.

(2) The material may be retained until -

(a) in the case of fingerprints, the end of the period of 5 years beginning with the date on which the fingerprints were taken, and

(b) in the case of a DNA profile, the end of the period of 5 years beginning with -

(i) the date on which the DNA sample from which the profile was derived was taken, or

(ii) if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken.’

Mr Alban Maginness

Amendment 30

Schedule 2 , Page 22, Line 32

Leave out ‘do not’

Mr Raymond McCartney
Mr Seán Lynch
Ms Rosaleen McCorley

Amendment 31

Schedule 3 , Page 23, Line 9

After ‘fingerprints’ insert ‘, photographs’

Mr Raymond McCartney
Mr Seán Lynch
Ms Rosaleen McCorley

Amendment 32

Schedule 3 , Page 23, Line 12

Leave out from ‘that has come’ to the end of line 13 and insert ‘which -

(a) has been taken by the police from a person -

(i) under a power conferred by Article 62 or 63; or

(ii) with the consent of that person, in connection with the investigation of an offence by the police;

(b) consists of or includes human cells; and

(c) was taken for the purpose of deriving a DNA profile from it;’

Minister of Justice

Amendment 33

Schedule 3 , Page 23, Line 29

Leave out ‘which’ and insert ‘ -

(i) which was committed when that person was aged 18 or over, and

(ii) which’

Mr Alban Maginness

Amendment 34

Schedule 3 , Page 24, Line 6

Leave out from beginning to “18(8)(b)” in line 9 and insert -

‘5. In Article 89 (orders and regulations) after paragraph (2) insert -

“(2A) An order under Article 63DA(4) shall not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.”.

The Counter-Terrorism Act 2008 (c. 28)

6. In section 18(8)(c)’

Minister of Justice

Amendment 35

Schedule 4 , Page 24, Line 17

At end insert -

‘Part 1

Sex Offenders

Short Title

Extent of repeal

The Sexual Offences Act 2003 (c. 42)

Sections 97 to 101.

In section 136(8) “101”. ’

Minister of Justice

Amendment 36

Schedule 4 , Page 24

Leave out line 25 and insert -

 

‘In section 4(5), paragraph (b) and the word “or” immediately before it.

Section 5(1).

Section 5(13).’

Minister of Justice

Amendment 37

Schedule 4 , Page 24, Line 26, column 2

At beginning insert -

 

‘Section 57(2)(a).

Section 58(2)(a).

Section 59(2)(a).’

Minister of Justice

Amendment 38

Long Title

Leave out ‘and to’ and insert ‘; to’

Minister of Justice

Amendment 39

Long Title

At end insert ‘; to provide for the release on licence of persons detained under Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998’

Minister of Justice

Amendment 40

Long Title

At end insert ‘; and to amend Article 21BA of the Criminal Evidence (Northern Ireland) Order 1999’

Minister of Justice

Amendment 41

Long Title

At end insert ‘and to abolish the common law offence of scandalising the judiciary’

Chair, Committee for Justice

Northern Ireland Assembly

Papers Presented to the Assembly on
19 - 25 February 2013

1. Acts of the Northern Ireland Assembly
2. Bills of the Northern Ireland Assembly
3. Orders in Council
4. Publications Laid in the Northern Ireland Assembly

The Arts Council of Northern Ireland Accounts for the year ended 31 March 2012 (DCAL)

5. Assembly Reports

Report on the Northern Ireland Housing Executive: Management of Response Maintenance Contracts (NIA 99/11-15) (Public Accounts Committee)

Report on the Estimate of the Northern Ireland Audit Office 2013-14 (NIA 93/11-15) (Audit Committee)

Financial Assistance for Political Parties Scheme 2013 (NIA 101/11-15) (Assembly Commission)

Report of the Examiner of Statutory Rules to the Assembly and the Appropriate Committees 22 February 2013 (NIA 100/11-15) (Examiner of Statutory Rules)

6. Statutory Rules

S. R. 2013/30 The Forestry Land Byelaws (Northern Ireland) 2013 (DARD)

For Information Only:

S. R. 2013/31 (C. 1) The Forestry (2010 Act) (Commencement No. 2) Order (Northern Ireland) 2013 (DARD)

S. R. 2013/33 (C. 2) The Waste (Amendment) (2007 Order) (Commencement No. 3) Order (Northern Ireland) 2013 (DOE)

S. R. 2013/34 (C. 3) The Waste and Contaminated Land (Amendment) (2011 Act) (Commencement No. 2) Order (Northern Ireland) 2013 (DOE)

7. Written Ministerial Statements
8. Consultation Documents

Consultation on Proposed Amendments to the NI Teachers' Pension Scheme to reflect Workplace Pension Reform, and Miscellaneous Amendments (DE)

Consultation Paper on the 2012 Review of Shellfish Water Designations Under The Shellfish Waters Directive; and The Protection of Shellfish Waters Beyond 2013 (DOE)

9. Departmental Publications

Northern Ireland Police Fund Annual Report and Accounts 2012-13 (DOJ)

Assembly Consent Memorandum on The Public Bodies (Abolition of the British Shipbuilders) Order 2013 (DETI)

Assembly Consent Memorandum on the Public Bodies (Abolition of the Aircraft and Shipbuilding Industries Arbitration Tribunal (Order 2013) (DETI)

10. Agency Publications
11. Westminster Publications
12. Miscellaneous Publications

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