With this it will be convenient to discuss the following:
Amendment 8, in clause 7, page 4, line 13, at end insert
“including agreed support measures for those who are evidently making the transition away from paramilitarism;”
This amendment seeks to prevent a possible tension between two parts of the Pledge, which may be interpreted divergently.
Amendment 9, in clause 7, page 4, line 20, leave out paragraph (cj)
See Member’s explanatory statement to amendment 8.
Amendment 10, in clause 7, page 4, line 22, at beginning insert “subject to paragraph (e)”
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.
Amendment 11, in clause 7, page 4, 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.”
This amendment provides for the First Ministers to make their pledge of office in full at a sitting of the Assembly.
Amendment 12, in clause 7, page 4, 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.”
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.
Clause 7 stand part.
Amendment 13, in clause 8, page 4, line 37, at end insert
“including agreed support measures for those who are evidently making the transition away from paramilitarism;”
This amendment seeks to prevent a possible tension between two parts of the Undertaking, which may be interpreted divergently.
Amendment 16, in clause 8, page 4, line 40, after “with” insert “others, including”
Amendment 14, in clause 8, page 5, line 1, leave out
“to support those who are determined to make the transition away from paramilitarism;”
See Member’s explanatory statement to amendment 13.
Amendment 6, in clause 8, page 5, 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.”
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.
Amendment 15, in clause 8, page 5, 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).”
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.
Amendment 17, in clause 8, page 5, 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.”
This amendment makes provision for the Northern Ireland Assembly Commissioner for Standards to receive complaints regarding breaches of the Undertaking by Members and to take any action he deems fit.
Clause 8 stand part.
That schedule 1 be the First schedule to the Bill.
Government amendments 4 and 5.
That schedule 2 be the Second schedule to the Bill.