Clause 5 - No proceedings while application for certificate pending
Northern Ireland (Offences) Bill
6:30 pm
Laurence Robertson (Shadow Minister, Northern Ireland; Tewkesbury, Conservative)
Amendments Nos. 122, 123 and 124 are slightly different from those tabled by the hon. Lady, from whom we have a slightly different view on the matter, although we are happy to discuss it.
We believe that it is wrong for any proceedings that are already going on to be suspended. In some cases, we can see that possibly—I stress that word strongly—there might be a case for not commencing new proceedings as outlined in the clause, but we do not see the case for ending those that have already begun. A great deal of expensive work could already have been done in many cases and we simply see no justification for ending them at such a point.
The hon. Lady made some good points in support of her amendments, but I am concerned about the comparison between clauses 5 and 7. Clause 5 states:
“Where a person applies for a certificate ... no proceedings may be commenced ... any such proceedings already commenced are to be suspended”.
Clause 7 relates to when the certificate is awarded and provides that no further investigations may be made. That is very unsatisfactory. I do not want to speak at length, but I seek from the Minister an explanation of why the clause is drafted in this way.