Clause 3 - Certificates of eligibility
Northern Ireland (Offences) Bill
10:30 am
David Taylor (North West Leicestershire, Labour)
I remind the Committee that with this we are discussing the following: amendment No. 113, in clause 3, page 2, line 11, leave out
‘, and have had since before 1st November 2005,’.
Amendment No. 232, in clause 3, page 2, line 11, leave out ‘1st November 2005’ and insert ‘10th April 2004’.
Amendment No. 3, in clause 3, page 2, line 17, at end insert
‘and
(iii)that the applicant has not been involved in the commission, preparation or instigation of acts of terrorism since 10th April 1998.’.
Amendment No. 233, in clause 3, page 2, line 26, after ‘that’, insert
‘in the opinion of a senior police officer’.
Amendment No. 6, in clause 3, page 2, line 26, leave out ‘does not support’ and insert
‘has not at any time supported an organisation which is currently’.
Amendment No. 49, in clause 3, page 2, line 26, at end insert—
‘(aa)that that Commission established under section 7 of the Northern Ireland Arms Decommissioning Act 1997 (the commission) has reported that any organisation with which the applicant was associated has completed the decommissioning of its weapons and all other terrorist property;’.
Amendment No. 7, in clause 3, page 2, line 27, after ‘that’, insert
‘, in the view of the Police Service of Northern Ireland,’.
Amendment No. 50, in clause 3, page 2, line 28, at end insert
‘, or any other serious crime,’.
Amendment No. 235, in clause 3, page 2, line 28, at end insert
‘or any other “specified offences” as set out in Schedule 15 to the Criminal Justice Act 2003’.
Amendment No. 8, in clause 3, page 2, line 32, leave out
‘for a term of five years or more’.
Amendment No. 9, in clause 3, page 2, line 36, at end insert—
‘(e)that the Police Service of Northern Ireland believes that he will not pose a danger to the public.’.
Amendment No. 10, in clause 3, page 2, line 36, at end insert—
‘(e)that the applicant has not at any time supported an organisation which currently causes, by threat against a person or persons, such person or persons to leave Northern Ireland or to be in fear of returning to Northern Ireland.’.
Amendment No. 11, in clause 3, page 2, line 36, at end insert—
‘(e)that the applicant has not at any time supported an organisation which has been involved in any paramilitary, criminal or illegal activity since 1st December 2005.’.
Amendment No. 12, in clause 3, page 2, line 36, at end insert—
‘(e)that the applicant is not suspected of, or charged with or convicted of, an offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).’.
Amendment No. 13, in clause 3, page 2, line 36, at end insert—
‘(e)that the applicant has not at any time supported an organisation which the Independent Monitoring Commission cannot certify is maintaining a complete cessation of paramilitary and criminal activity.’.
Amendment No. 51, in clause 3, page 2, line 36, at end insert—
‘(e)that the Independent Monitoring Commission has stated in at least its two most recent reports that any organisation with which he was associated has not engaged in any serious criminal activity.’.
Amendment No. 54, in clause 3, page 2, line 36, at end insert—
‘(e)that the Independent Monitoring Commission has stated in at least its two most recent reports that any organisation with which he was associated has—
(i)ceased the practice of exiling; and
(ii)specifically and credibly stated that those who have been exiled from their homes are free to return without fear of intimidation, harassment, alarm or distress to themselves or their family.’.
Amendment No. 115, in clause 3, page 2, line 36, at end insert—
‘(e)that the applicant would not, in the opinion of a senior member of the Police Service of Northern Ireland, be a danger to the public;
(f)that the applicant has not been engaged, or is likely to be engaged, in the indirect incitement or glorification of acts of terrorism;
(g)that the applicant is not concerned or likely to be concerned in any acts of criminality.’.
Amendment No. 169, in clause 3, page 2, line 36, at end insert—
‘(e)that the applicant in his application has disclosed all the offences committed by him to which this Act applies.’.
Amendment No. 48, in clause 3, page 2, line 36, at end insert—
‘(3A)In making an application under subsection (1), the applicant must state—
(a)all offences he wishes to have considered under the provisions of this Act;
(b)the names of any organisations with which he was associated in the commission of those offences; and
(c)that he does not support any organisation that is proscribed under the Terrorism Act 2000 nor supports any acts of terrorism connected with the affairs of Northern Ireland.’.
Amendment No. 55, in clause 3, page 2, line 48, at end insert—
‘(d)the names of any organisations stated under subsection (3A)’.
Amendment No. 116, in clause 3, page 3, line 9, at end insert—
‘(7A)Before submitting a statement under subsection (2) (a) a senior member of the Police Service of Northern Ireland must consult and have regard to the views of—
(a)the Independent Monitoring Commission,
(b)the Northern Ireland Victims Commissioner, and
(c)the Northern Ireland Human Rights Commission.’.
New clause 20—Entitlement to certificate and licence: further provisions—
‘(1)If a person who is on licence under section 9 is convicted of an offence which (or the conduct constituting which) might have been specified in a certificate of eligibility, but which was not specified in such a certificate, the Secretary of State shall revoke the person’s licence.
(2)Where a person has been granted a certificate of eligibility in which certain conduct, or certain offences, are specified, and is on licence, no further certificate may be granted to that person in respect of any other offences.’.