Justice and Security (Northern Ireland) Bill

With this it will be convenient to discuss the following: New clause 2— Powers of the Secretary of State with regard to conditions for devolving policing and justice matters— ‘After section 4 of the Northern Ireland Act, 1998 (c. 47), insert— ““4A (1) If by 1st May 2008 no resolution has been passed by the Assembly of the type referred to in section 4(2A), then, notwithstanding anything in section 4(2) or (2A), the Secretary of State may lay before Parliament the draft of an Order in Council amending Schedule 3 so that devolved policing and justice matters cease to be reserved matters with effect from such date as may be specified in the Order. (2) If the draft of an Order laid before Parliament under subsection (1) is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order. (3) An Order made under this section— (a) must confer all functions with regard to devolved policing and justice matters on the Northern Ireland department referred to in section 21(3) of this Act, if established by Act of the Assembly; (b) must establish a new Northern Ireland department in the charge of the First Minister and Deputy First Minister acting jointly, if not already established by Act of the Assembly; (c) may make such modifications of enactments as appear to the Secretary of State to be necessary or expedient in consequence of the transfer of devolved policing and justice matters; and (d) may make such consequential, supplemental or transitional provision as appears to the Secretary of State to be necessary or expedient. (4) Nothing in this section prejudices the operation of Part III of this Act and the Assembly may amend or revoke an Order made under this section. (5) In this section ““devolved policing and justice matter”” has the same meaning as in section 4.””.’. New clause 4— Primacy in intelligence gathering— ‘(1) The Police Service of Northern Ireland shall retain primacy in matters of intelligence gathering in Northern Ireland. (2) For the purposes of subsection (1), ““primacy in matters of intelligence gathering in Northern Ireland”” shall include in particular lead responsibility in Northern Ireland for the— (a) strategic assessment of intelligence needs; (b) overall assessment of intelligence gathered; (c) appropriate dissemination of intelligence gathered; (d) recruitment, conduct and use of covert human intelligence sources; (e) interception of communications; and (f) deployment of directed and intrusive surveillance in matters connected with the affairs of Northern Ireland. (3) Sub-section (1) applies whether or not the intelligence concerned relates or may relate to national security.’. Government amendment No. 28 Government new schedule 1— Northern Ireland department with policing and justice functions.