Clause 4 - Making and dealing with applications for certificates
Northern Ireland (Offences) Bill
5:00 pm
David Hanson (Minister of State, Northern Ireland Office; Delyn, Labour)
I welcome you back to the Chair for this afternoon’s sitting, Sir Nicholas.
I am grateful for the comments made by hon. Members from all parts of the Committee. Clause 4 is the beginning of what will be a series of discussions on some very sensitive issues that will arise in subsequent clauses. Clause 4(1) and (2) relates to how the application for a certificate of eligibility is made. My hon. Friend the Member for Glasgow—[Interruption.] I am sorry but I have always known my hon. Friend the Member for Glasgow, South (Mr. Harris) as my hon. Friend the Member for Glasgow, Cathcart. In his new incarnation, he has mentioned issues that we shall move on to shortly. Clause 8 deals with court appearances, on which there will undoubtedly be a full debate.
Clause 4 relates to the application for a certificate for the individual who is being considered for the scheme. As hon. Members can examine by looking at the legislation, the application procedure will be that individuals must apply—either by themselves or by getting someone to act on their behalf—to the certification commissioner for a certificate. The purpose of the amendment is to remove the words “or on behalf of” the applicant. The point here is about making an application for the scheme. We shall come on later to the important points about appearances in court, but the amendment is simply related to the application for the scheme.
The Bill does not require the applications to made through a representative; individuals can turn up and make an application themselves. However, the draft legislation makes assumptions that there may be individuals who will be acting on behalf of the applicant in a normal way. For example, a solicitor could present an application on behalf of the individual, and there may be questions to do with literacy or communication, or a whole range of issues that require somebody to apply on an individual’s behalf.