DEPARTMENT OF JUSTICE BILL
MARSHALLED LIST OF AMENDMENTS
CONSIDERATION STAGE
Tuesday 10 November 2009

Amendments tabled up to 9.30am Thursday, 5 November 2009

The Bill will be considered in the following order-

Clauses, Schedule and Long Title

Amendment 1        [Negatived on division]

Clause 1 , Page 1, Line 2

After ‘established’ insert ‘upon the designated day’

Mr Alex Attwood
Mr Alban Maginness
Mrs Dolores Kelly

Clause 2        [Clause remains part of the Bill]

The Members listed below give notice of their intention to oppose the question that clause 2 stand part of the Bill.

Mr Alex Attwood
Mr Alban Maginness
Mr Mark Durkan
Mrs Dolores Kelly

Amendment 2        [Negatived on division]

New Clause

After clause 2 insert -

‘Duty of First Minister and deputy First Minister to report on certain matters

2A. The First Minister and deputy First Minister acting jointly shall make a report orally and in writing to the Assembly within seven days of the commencement of this section -

(a) outlining the functions that the Department of Justice is to exercise;

(b) explaining the provisions of paragraph 8 of Schedule 1 to the 2009 Act and, in particular, in the event that the Department of Justice is dissolved on 1 May 2012, the consequences of such dissolution for the exercise of the functions that the Department of Justice is to exercise, including such functions as may be conferred on the Department of Justice relating to -

(i) the imprisonment of offenders;

(ii) the compensation of victims of crime;

(iii) the provision of services in relation to forensic science;

(iv) the provision of services in relation to youth justice.

(c) explaining that paragraph 8 of Schedule 1 to the 2009 Act does not apply if the ministerial office of the minister to be in charge of the Department of Justice is filled under section 18 of the 1998 Act;

(d) explaining that the ministerial office of the minister to be in charge of the Department of Justice will be filled under section 18 of the 1998 Act if the Assembly fails within seven days of the date of the making of the report to approve a resolution endorsing the arrangement under section 2 of this Act for the appointment of the minister to be in charge of the Department of Justice.’

Mr Alex Attwood
Mr Alban Maginness
Mrs Dolores Kelly

Amendment 3        [Not Called]

New Clause

After clause 2 insert -

‘ Consequences of failure to report or endorse arrangement under section 2 2B.

If -

(a) the First Minister and deputy First Minister acting jointly fail to make the report referred to in section 2A within seven days of the commencement of this section, or

(b) the Assembly fails within seven days of the date of the making of that report to approve a resolution endorsing the arrangement under section 2 of this Act for the appointment of the minister to be in charge of the Department of Justice

then section 2 of this Act shall be repealed as of the date of the expiry of that period.’

Mr Alex Attwood

Amendment 4        [Not Called]

New Clause

After clause 2 insert -

‘Interpretation

2C. In this Act -

“designated day” means -

(a) if the First Minister and deputy First Minister acting jointly fail to make the report referred to in section 2A within seven days of the commencement of this section, the next day following the day upon which that period expires;

(b) if the Assembly fails within seven days of the date of the making of that report to approve a resolution endorsing the arrangement under section 2 of this Act for the appointment of the minister to be in charge of the Department of Justice, the next day following the day upon which that period expires;

(c) the next day following the day of the approval of the resolution by the Assembly referred to in section 2B(b);

whichever is the earlier.

“the 1998 Act” means the Northern Ireland Act 1998;

“the 2009 Act” means the Northern Ireland Act 2009.’

Mr Alex Attwood
Mr Alban Maginness
Mrs Dolores Kelly

Amendment 5        [Not Called]

Clause 3 , Page 2, Line 6

Leave out subsection (2) and insert -

‘(2) Subject to subsection (3), sections 1, 2, 2A, 2B and 2C come into operation upon receipt of Royal Assent.

(3) Sections 1(3), 1(4) and 1(5) and the Schedule shall come into operation on the designated day.’

Mr Alex Attwood

Amendment 6        [Negatived without division]

Clause 3 , Page 2, Line 6

Leave out from ‘such’ to end and insert ‘7 December 2009.’

Mr Alex Attwood
Mr Alban Maginness
Mr Mark Durkan
Mrs Dolores Kelly