1

House of Commons Thursday 10 March 2016 COMMITTEE OF THE WHOLE HOUSE

New Amendments handed in are marked thus  Amendments which will comply with the required notice period at their next appearance Amendments tabled since the last publication: NC5

NORTHERN IRELAND (STORMONT AGREEMENT AND IMPLEMENTATION PLAN) BILL

NOTE This document includes all amendments tabled to date and includes any withdrawn amendments at the end. The amendments have been arranged in the order in which they relate to the Bill.

Tom Elliott Danny Kinahan 1 Clause 1,page1, line 10, leave out “First Minister and the deputy First Minister acting jointly have” and insert “ Policing Board has” Member’s explanatory statement This amendment provides for two members of the Independent Reporting Commission to be appointed by the Northern Ireland Policing Board instead of jointly by the First Minister and deputy First Minister.

Mark Durkan Dr Alasdair McDonnell Ms Margaret Ritchie 7 Clause 1,page1, line 10, leave out “First Minister and the deputy First Minister acting jointly have” and insert “The Justice Minister, after consultation with the First Ministers and subject to the approval of the Executive Committee, has” Member’s explanatory statement This amendment provides for two members of the Independent Reporting Commission to be 2 Committee of the whole House: 10 March 2016

Northern Ireland (Stormont Agreement and Implementation Plan) Bill, continued

appointed by the Northern Ireland Justice Minister following consultation with the First Ministers, subject to the approval of the Executive Committee, instead of jointly by the First Ministers.

Secretary Theresa Villiers 3 Clause 2,page2, line 17, leave out “or Ireland” Member’s explanatory statement This amendment limits the Secretary of State’s duty to give guidance about the exercise of the Commission’s functions in relation to disclosures of information which might prejudice national security. As amended, the duty will cover only the national security interests of the United Kingdom.

Mark Durkan Dr Alasdair McDonnell Ms Margaret Ritchie 8 Clause 7,page4, line 13, at end insert “including agreed support measures for those who are evidently making the transition away from paramilitarism;” Member’s explanatory statement This amendment seeks to prevent a possible tension between two parts of the Pledge, which may be interpreted divergently.

Mark Durkan Dr Alasdair McDonnell Ms Margaret Ritchie 9 Clause 7,page4, line 20, leave out paragraph (cj) Member’s explanatory statement See Member’s explanatory statement to amendment 8.

Mark Durkan Dr Alasdair McDonnell Ms Margaret Ritchie 10 Clause 7,page4, line 22, at beginning insert “subject to paragraph (e)” Member’s explanatory statement This amendment maintains the primacy of the requirement in the existing pledge of office in Schedule 4 to the 1998 Act to support, and act in accordance, with, all decisions of the Executive Committee and Assembly. Committee of the whole House: 10 March 2016 3

Northern Ireland (Stormont Agreement and Implementation Plan) Bill, continued Mark Durkan Dr Alasdair McDonnell Ms Margaret Ritchie 11 Clause 7,page4, line 24, at end insert— “( ) After section 16A(9) of the Northern Ireland Act 1998, insert— “(9A) The First Ministers shall each make their pledge of office orally in full at a sitting of the Assembly.” Member’s explanatory statement This amendment provides for the First Ministers to make their pledge of office in full at a sitting of the Assembly.

Mark Durkan Dr Alasdair McDonnell Ms Margaret Ritchie 12 Clause 7,page4, line 24, at end insert— “( ) The Northern Ireland Commissioner for Complaints— (a) will receive any complaints of any breach of the pledge of office, and take whatever action in regard to that complaint the Commissioner considers appropriate, which may include investigating, resolving or publishing conclusions on the outcome of any complaint. (b) may appoint, in consultation with the Lord Chief Justice for Northern Ireland, a Pledge Adjudicator to duly consider and examine any complaint of a breach of the Pledge of Office and report relevant findings or recommendations to the Commissioner.” Member’s explanatory statement This amendment makes provision for the Northern Ireland Commissioner for Complaints to receive any complaints regarding breaches of the Pledge of Office by Ministers and to take any action (s)he deems fit in regard to the complaint. The Commissioner may also, after consultation with the Lord Chief Justice for Northern Ireland, appoint a Pledge Adjudicator to examine any given complaint and report on relevant findings or recommendations.

Mark Durkan Dr Alasdair McDonnell Ms Margaret Ritchie 13 Clause 8,page4, line 37, at end insert “including agreed support measures for those who are evidently making the transition away from paramilitarism;” Member’s explanatory statement This amendment seeks to prevent a possible tension between two parts of the Undertaking, which may be interpreted divergently.

Mark Durkan Dr Alasdair McDonnell Ms Margaret Ritchie 16 Clause 8,page4, line 40, after “with” insert “others, including” 4 Committee of the whole House: 10 March 2016

Northern Ireland (Stormont Agreement and Implementation Plan) Bill, continued Mark Durkan Dr Alasdair McDonnell Ms Margaret Ritchie 14 Clause 8,page5, line 1, leave out “to support those who are determined to make the transition away from paramilitarism;” Member’s explanatory statement See Member’s explanatory statement to amendment 13.

Lady Hermon 6 Clause 8,page5, line 11, at end insert— “(5) Standing orders must provide for a process for investigating any alleged breach of the undertaking by any member of the Assembly and for determining whether the undertaking has been breached. (5A) Standing orders must provide for sanctions that shall apply to any member of the Assembly who has been found to breach the terms of the undertaking.” Member’s explanatory statement This amendment requires the Northern Ireland Assembly to have an enforcement process, comprising investigation, determination and penalty, in order to ensure compliance with the terms of the statutory undertaking by members of the Assembly.

Mark Durkan Dr Alasdair McDonnell Ms Margaret Ritchie 15 Clause 8,page5, line 16, at end insert— “(2) In Northern Ireland, the precepts and commitments of the Undertaking by Members shall be deemed to be additional to, and having the same status as, the Nolan principles (or such successor principles as may be adopted). (3) “The Nolan principles” means the seven general principles of public life set out in the First Report of the Committee on Standards in Public Life (Cm 2850).”” Member’s explanatory statement This amendment seeks to make provision for embedding the terms and spirit of the Undertaking by Members within the standards in public life in Northern Ireland and thus applicable to councillors, MPs and non-elected public offices.

Mark Durkan Dr Alasdair McDonnell Ms Margaret Ritchie 17 Clause 8,page5, line 16, at end insert— “( ) The Northern Ireland Assembly Commissioner for Standards— (a) will receive any complaints of any breach of the undertaking by members, and may take whatever action in regard to that complaint deemed appropriate, which may include investigating, resolving or publishing conclusions on the outcome of any complaint. (b) may engage the services of a Pledge Adjudicator, as appointed by the Northern Ireland Commissioner for Complaints, to duly consider and examine any complaint of a breach of the Undertaking by members and to report any relevant findings or recommendations to the Northern Ireland Assembly Commissioner for Standards.” Member’s explanatory statement This amendment makes provision for the Northern Ireland Assembly Commissioner for Standards Committee of the whole House: 10 March 2016 5

Northern Ireland (Stormont Agreement and Implementation Plan) Bill, continued

to receive complaints regarding breaches of the Undertaking by Members and to take any action he deems fit.

Mark Durkan Dr Alasdair McDonnell Ms Margaret Ritchie Jonathan Edwards 18 Clause 9,page5, line 42, at end insert— “( ) Statements laid before the Assembly under this section must include information on— (a) how the total figures in the statement have been calculated, (b) the application of any funding formula used by Her Majesty’s Government in determining the amount of UK funding for that year as notified to the Minister by the Secretary of State, (c) the extent to which Her Majesty’s Government’s spending plans, on which the funding formula is based, have been informed or affected by statutory requirements or obligations, including specific clarification on— (i) the consequential budgetary effects of any primary legislation resulting from Bills brought before the House of Commons after 22 October 2015, which related exclusively (in whole or in part) to either England and Wales, on matters within the devolved competence of any or all of the Northern Ireland Assembly, the Scottish Parliament or the. National Assembly for Wales, with indications on how these have been factored into the funding formula. (ii) any Regulations or other secondary legislation laid before the House of Commons after 22 October 2015, which related exclusively to either England or England and Wales, on matters within the devolved competence of any or all of the Northern Ireland Assembly, the Scottish Parliament or the National Assembly for Wales, with indications on how these have been factored into the funding formula . (d) the ring-fencing of funding by Treasury for bespoke purposes, (e) UK wide or non-devolved funding measures for which services, enterprises or persons in Northern Ireland may be eligible, and (f) the impact of any relevant implications for Northern Ireland arising from the Charter for Budget Responsibility. ( ) The Minister of Finance and Personnel must lay before the Assembly further timely statements providing additional information on the effect on funding for the Northern Ireland Assembly‘s budget of— (a) other spending decisions or announcements by the Treasury or the Secretary of State which might have implications for the devolved spending remit by either adding to or subtracting from previously announced or approved plans, (b) the ring-fencing of funding by Treasury for bespoke purposes, (c) any legislative changes affecting the totals of spending by or on behalf of the UK Government and 6 Committee of the whole House: 10 March 2016

Northern Ireland (Stormont Agreement and Implementation Plan) Bill, continued (d) UK-wide or non-devolved funding measures for which services, enterprises or persons in Northern Ireland may be eligible.” Member’s explanatory statement This amendment requires transparency in statements laid with the budget, to show how figures were calculated, the application of the Barnett formula and the consequences of legislative changes made where EVEL applied; and requires additional statements on the consequences for Northern Ireland of other legislation and spending decisions.

Tom Elliott Danny Kinahan 2 Clause 11,page6, line 25, leave out “section 10” and insert “sections 10, (Victims and survivors), (Election of the First Minister)” Member’s explanatory statement This amendment provides for NC1 and NC2 to come into force on the day on which this Bill is passed.

NEW CLAUSES

Tom Elliott Danny Kinahan NC1 To move the following Clause—

“Victims and survivors In Article 3 of the Victims and Survivors (Northern Ireland) Order 2006, at the end insert— “(3) In this Order references to victim and survivor shall not include an individual appearing to the Commission to be any of the following— (a) someone who is or has been physically or psychologically injured as a result of or in consequence of their undertaking a criminal act in a conflict related incident; (b) someone who was in whole or in part responsible for an unlawful conflict related incident if that person took part in all or any of the planning or execution of that unlawful act.”” Member’s explanatory statement This new clause provides that persons injured as a result of criminal acts in conflict related incidents cannot be treated as victims or survivors if they were themselves responsible for those criminal acts.

Committee of the whole House: 10 March 2016 7

Northern Ireland (Stormont Agreement and Implementation Plan) Bill, continued Tom Elliott Danny Kinahan NC2 To move the following Clause—

“Election of the First Minister (1) The Northern Ireland Act 1998 is amended as follows. (2) Omit sections 16A (appointment of First Minister, deputy First Minister and Northern Ireland Ministers following Assembly election, 16B (vacancies in the office of First Minister or deputy First Minister) and 16C (sections 16A and 16B: supplementary). (3) Before section 17 (Ministerial offices) insert— “A17 First Minister and deputy First Minister (1) Each Assembly shall, within a period of two weeks beginning with its first meeting, elect from among its members the First Minister and deputy First Minister. (2) Each candidate for either office must stand for election jointly with a candidate for the other office. (3) Two candidates standing jointly shall not be elected to the two offices without the support of a majority of the members voting in the election, a majority of the designated Nationalists voting and a majority of the designated Unionists voting. (4) The First Minister and deputy First Minister— (a) shall not take up office until each of them has affirmed the terms of the pledge of office; and (b) subject to the provisions of this Part, shall hold office until the conclusion of the next election for First Minister and deputy First Minister. (5) The holder of the office of First Minister or deputy First Minister may by notice in writing to the Presiding Officer designate a Northern Ireland Minister to exercise the functions of that office— (a) during any absence or incapacity of the holder; or (b) during any vacancy in that office arising otherwise than under subsection (7)(a); but a person shall not have power to act by virtue of paragraph (a) for a continuous period exceeding six weeks. (6) The First Minister or the deputy First Minister— (a) may at any time resign by notice in writing to the Presiding Officer; and (b) shall cease to hold office if he or she ceases to be a member of the Assembly otherwise than by virtue of a dissolution. (7) If either the First Minister or the deputy First Minister ceases to hold office at any time, whether by resignation or otherwise, the other— (a) shall also cease to hold office at that time; but (b) may continue to exercise the functions of his or her office until the election required by subsection (8). 8 Committee of the whole House: 10 March 2016

Northern Ireland (Stormont Agreement and Implementation Plan) Bill, continued (8) Where the offices of the First Minister and the deputy First Minister become vacant at any time an election shall be held under this section to fill the vacancies within a period of six weeks beginning with that time. (9) Standing orders may make provision with respect to the holding of elections under this section. (10) In this Act “the pledge of office” means the pledge of office which, together with the code of conduct to which it refers, is set out in Annex A to Strand One of the Belfast Agreement (the text of which Annex is reproduced in Schedule 4).”” Member’s explanatory statement This new clause provides for the First Minister and deputy First Minister to be elected jointly by the whole Assembly, provided that the joint candidates for those posts also have a majority among both the designated Nationalists and the designated Unionists voting in the election.

Mark Durkan Dr Alasdair McDonnell Ms Margaret Ritchie NC3 To move the following Clause—

“Appointment of First Ministers In Section 16A of the Northern Ireland Act 1998 (Appointment of First Ministers and Northern Ireland Ministers following Assembly election)— (a) subsections (4) to (7) and (9) shall cease to have effect, (b) after subsection (3) there shall be inserted— “(4) Each candidate for the joint office of First Ministers must stand for election jointly with a candidate for the other office. (5) Two candidates standing jointly shall not be elected to the two offices without the support of a majority of the members voting in the election, a majority of the designated Nationalists voting and a majority of the designated Unionists voting. (6) The First Ministers— (a) shall not take up office until each of them has affirmed the terms of the pledge of office before the Assembly; and (b) subject to the provisions of this Part, shall hold office until the conclusion of the next election for First Ministers. (c) in subsection (3)(b) the reference to subsections (4) to (7) shall be replaced by a reference to subsections (4) to (6).”” Member’s explanatory statement This new clause provides for the First Ministers to be elected jointly by the whole Assembly, provided that the joint candidates for those posts also have a majority among both the designated Nationalists and the designated Unionists voting in the election, rather than appointed by the nominating officers of the largest political parties of the largest and second largest political Committee of the whole House: 10 March 2016 9

Northern Ireland (Stormont Agreement and Implementation Plan) Bill, continued

designations. This would revert to provisions of the and the Northern Ireland Act 1998.

Mark Durkan Dr Alasdair McDonnell Ms Margaret Ritchie NC4 To move the following Clause—

“Implementation and Reconciliation Group (1) An Implementation and Reconciliation Group will be established to oversee progress on, and adherence to, commitments in the Stormont Agreement and Implementation Plan and other relevant agreements. (2) The Implementation and Reconciliation Group, serving as a forum of joint purpose for reconciliation and normalisation involving Assembly parties and both governments, may receive and make reports and offer advice and recommendations. (3) The Implementation and Reconciliation Group will have eleven members, including a chair. (4) Publicly elected representatives will not be eligible for appointment as members of the Implementation and Reconciliation Group. (5) The chair of the Implementation and Reconciliation Group must be a person of independent and international standing, nominated jointly by the First Ministers. (6) The other appointments to the Implementation and Reconciliation Group will comprise eight members nominated to reflect the party proportions among the elected members of the Northern Ireland Assembly, one member nominated by the Secretary of State and one nominated by the Government of Ireland.” Member’s explanatory statement This new clause would establish a group comprising of nominees of Assembly parties, whether represented in the Executive or not, and nominees of both governments to appraise progress on agreed objectives and plans in pursuit of reconciliation and normalisation.

Mr Nigel Dodds Mr Jeffrey M. Donaldson Mr Gregory Campbell David Simpson Jim Shannon

Sammy Wilson Gavin Robinson NC5  To move the following Clause—

“Equality duty (1) Section 75 (statutory duty on public authorities) of the Northern Ireland Act 1998 is amended as follows. 10 Committee of the whole House: 10 March 2016

Northern Ireland (Stormont Agreement and Implementation Plan) Bill, continued (2) In subsection (1), after paragraph (d) insert— “(e) between those who are victims and survivors of the conflict and those who are not; and (f) between those who have been members of Her Majesty’s armed forces and those who are not.” (3) After subsection (1), insert— “(1A) A person is excluded from any benefit arising from this Act by virtue of (1)(e) if that person has been convicted of a serious criminal conviction.” (4) In subsection (5), insert at the appropriate places— “serious criminal conviction” means a conviction, whether the person was convicted in Northern Ireland or elsewhere, for an offence for which— (a) a sentence of imprisonment of five years or more was imposed, (b) a sentence of imprisonment for life was imposed; “victim and survivor of the conflict” is defined as— (a) any person who has suffered harm caused by an act related to the conflict in Northern Ireland, for which they are not wholly or partly responsible, that is in violation of the criminal law, (b) any person who provides a substantial amount of care on a regular basis for a person as outlined in paragraph (a), where the harm suffered is a physical or psychological injury.” Member’s explanatory statement This new clause provides for a change to section 75 of the Northern Ireland Act 1998 to add to the list of exemptions victims and survivors of the conflict and members of Her Majesty’s Armed Forces. It also provides a definition of victims and survivors of the conflict.

Secretary Theresa Villiers 4 Schedule 2,page8,line10, leave out “member of the new Assembly” and insert “person” Member’s explanatory statement The Speaker of the Northern Ireland Assembly remains in office after its dissolution and may chair the first meeting of the new Assembly, even if not a member of it (for example because he or she did not seek re-election). This amendment ensures that, in those circumstances, the outgoing Speaker can determine the “transitional procedure”.

Secretary Theresa Villiers 5 Schedule 2,page8,line12, leave out “member” and insert “person” Member’s explanatory statement See the explanatory statement for amendment 4.

Committee of the whole House: 10 March 2016 11

Northern Ireland (Stormont Agreement and Implementation Plan) Bill, continued ORDER OF THE HOUSE [22 FEBRUARY 2016] That the following provisions shall apply to the Northern Ireland (Stormont Agreement and Implementation Plan) Bill:

Committal 1. The Bill shall be committed to a Committee of the whole House.

Proceedings at one day’s sitting 2. Proceedings in Committee of the whole House, any proceedings on Consideration, any proceedings in legislative grand committee and proceedings on Third Reading shall be taken at one day’s sitting in accordance with the following provisions of this Order.

Proceedings on Consideration and up to Third Reading 3. Proceedings in Committee of the whole House, any proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings in Committee of the whole House.

Proceedings on Third Reading 4. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion four hours after the commencement of proceedings in Committee of the whole House.

Programming committee 5. Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to other proceedings up to and including Third Reading.

Other proceedings 6. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.