Moved by
Lord Caine
130: Schedule 1, page 50, line 30, at end insert—
“5A_(1) The ICRIR must—
(a) keep proper accounts and proper records in relation to them, and
(b) prepare a statement of accounts in respect of each financial year.
(2) The statement of accounts must be prepared in accordance with any directions that are given by the Treasury.
(3) The ICRIR must send a copy of each statement of accounts to the Secretary of State and the Comptroller and Auditor General as soon as practicable after the end of the financial year to which the statement relates.
(4) The Comptroller and Auditor General must—
(a) examine, certify and report on each statement of accounts,
(b) send a copy of each report and certified statement to the Secretary of State, and
(c) lay before Parliament a copy of each such report and certified statement.”
Member’s explanatory statement
This would require the ICRIR to keep accounts and provides for the accounts to be laid before Parliament.
131: Schedule 1, page 50, line 34, leave out from second “time” to end of line 35 and insert “how many other Commissioners there are to be under section 2(3)(c) (which allows for there to be between one and five of them).”
Member’s explanatory statement
This is consequential on the amendment of clause 2(3)(c) in Lord Caine’s name which allows the ICRIR to have a maximum of 5 other Commissioners. It amends the provision which gives the Secretary of State power to decide the number of other members which the ICRIR has.
132: Schedule 1, page 50, line 37, at end insert—
“(1A) In exercising the power to appoint Commissioners, the Secretary of State must ensure that (as far as it is practicable) the Commissioners include one or more persons who have experience gained outside the United Kingdom that is relevant to the work of the ICRIR.”
Member’s explanatory statement
This requires the Secretary of State to ensure that there is at least one Commissioner who has relevant international experience.
133: Schedule 1, page 51, line 4, leave out from “holds” to end of line 6 and insert “or has held high judicial office, and
(b) the Secretary of State has consulted—
(i) the relevant senior judge, and
(ii) such other persons as the Secretary of State considers appropriate.”
Member’s explanatory statement
This requires consultation in cases where a potential appointee no longer holds high judicial office (as well as in cases where they still hold such office), and authorises the Secretary of State to consult other persons besides the relevant senior judge.
134: Schedule 1, page 51, line 10, leave out from “Commissioner” to end of line 11
Member’s explanatory statement
This removes some wording that is unnecessary as ill health is not a ground for removal from office as a Commissioner.
135: Schedule 1, page 51, line 11, at end insert—
“(5A) A reference in this paragraph to a person being insolvent, or to being disqualified from being a company director, has the same meaning as in paragraph 11 (see paragraph 11(4) or (5)).”
Member’s explanatory statement
This applies definitions of certain terms which appear in paragraph 11 to those terms as used in paragraph 7.
136: Schedule 1, page 51, line 12, leave out sub-paragraphs (6) to (8) and insert—
“(6) The following Orders apply to the Commissioners as they apply to constables—
(a) the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 (S.R. 1979/195);
(b) the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (S.I. 1975/1023);
(c) the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions)(Scotland) Order 2013 (S.S.I. 2013/50).”
Member’s explanatory statement
This updates the provision about the application to the Commissioners of the law relating to the rehabilitation of offenders. It ensures that the Bill provision reflects the current approach taken in that law.
137: Schedule 1, page 51, line 28, leave out paragraph (b)
Member’s explanatory statement
This is consequential on the amendment in Lord Caine’s name about consultation when appointing the Chief Commissioner.
138: Schedule 1, page 51, line 29, leave out “the holder of” and insert “a person who holds or has held”
Member’s explanatory statement
This is consequential on the amendment in Lord Caine’s name about consultation when appointing the Chief Commissioner.
139: Schedule 1, page 51, line 31, after “table” insert “; and, in the case of a person who has previously held two or more different kinds of high judicial office (but no longer holds any kind of high judicial office), the relevant senior judge is to be identified by reference to the kind of high judicial office which the person ceased to hold most recently”
Member’s explanatory statement
This clarifies who is to be consulted where a retired judge held two or more kinds of high judicial office.
140: Schedule 1, page 51, line 34, after first “Kingdom” insert “or Lord of Appeal in Ordinary”
Member’s explanatory statement
This requires consultation with the President of the Supreme Court where a retired judge was a Law Lord.
141: Schedule 1, page 52, line 32, after “Commissioner” insert “is for a term which—
(za) is of a duration, not exceeding five years, determined by the Secretary of State,”
Member’s explanatory statement
This would require the Secretary of State to determine the period for which an appointment as a member of the ICRIR lasts - which must not exceed five years.
142: Schedule 1, page 52, line 34, leave out “unless and until the person resigns” and insert “until its end, unless the person resigns before its end”
Member’s explanatory statement
This is consequential on the amendment requiring the Secretary of State to determine the period of an appointment as a member of the ICRIR.
143: Schedule 1, page 56, line 25, leave out paragraph 18 and insert—
“18_(1) The following Orders apply to ICRIR officers as they apply to constables—
(a) the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 (S.R. 1979/195);
(b) the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (S.I. 1975/1023);
(c) the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions)(Scotland) Order 2013 (S.S.I. 2013/50).
(2) This paragraph does not apply to the Commissioner for Investigations (instead see paragraph 7(6)).”
Member’s explanatory statement
This updates the provision about the application to ICRIR officers of the law relating to the rehabilitation of offenders. It ensures that the Bill provision reflects the current approach taken in that law.
144: Schedule 1, page 57, line 23, at end insert—
“(2) This paragraph does not apply to the Commissioner for Investigations (instead see paragraph 14).”
Member’s explanatory statement
This ensures that the Commissioner for Investigations (who is also ex-officio an ICRIR officer) falls only within paragraph 14 of Schedule 1 (as a Commissioner) and not also within paragraph 20 (as an ICRIR officer). Paragraphs 14 and 20 make equivalent provision to ensure that the prohibitions on trade union activity which govern the police do not apply to the ICRIR.