Joint Statement on Human Rights and Fundamental Freedoms
In this Act, “ the Monitoring Commission ” means an independent organisation established, by an agreement made in connection with the affairs of Northern Ireland between Her Majesty’s Government in the United Kingdom and the Government of Ireland, to carry out functions which include—
monitoring activity by paramilitary groups,
monitoring security normalisation, and
reporting on claims relating to commitment to the observing of terms of the pledge of office set out in Schedule 4 to the Northern Ireland Act 1998 (c. 47).
The Secretary of State may by order—
confer on the Monitoring Commission the legal capacities of a body corporate;
confer on the Monitoring Commission, in such cases, to such extent and with such modifications as the order may specify, any of the privileges and immunities set out in Part 1 of Schedule 1 to the International Organisations Act 1968 (c. 48);
confer on members and servants of the Monitoring Commission and members of their families who form part of their households, in such cases, to such extent and with such modifications as the order may specify, any of the privileges and immunities set out in Parts 2, 3 and 5 of that Schedule;
make provision about the waiver of privileges and immunities.
The reference in subsection (2)(c) to servants of the Monitoring Commission includes agents of, and persons carrying out work for or giving advice to, the Monitoring Commission.
An order under subsection (2)—
may make different provision for different cases (including different provision for different persons), and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State—
may make payments to the Monitoring Commission or to members of the Monitoring Commission, and
may provide for the Monitoring Commission such premises and facilities, and the services of such staff, as he thinks appropriate.
The Monitoring Commission shall not do anything in carrying out its functions which might—
prejudice the national security interests of the United Kingdom or Ireland,
put at risk the safety or life of any person, or
have a prejudicial effect on any present or future legal proceedings.
The duty under subsection (1) is owed to Her Majesty’s Government in the United Kingdom.
Where a report of the Monitoring Commission, or a report made by members of the Commission under the agreement establishing the Commission, is delivered by the Commission, or by members of the Commission, to Her Majesty’s Government in the United Kingdom, the Secretary of State shall lay a copy of the report before each House of Parliament.
Section 30 of the Northern Ireland Act 1998 (c. 47) (exclusion of Ministers from office) is amended as follows.
In subsection (1) (exclusion of individual Minister), for “a period of twelve months beginning with the date of the resolution” there is substituted “ such period of not less than three months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide ”.
After that subsection there is inserted—
In subsection (2) (exclusion of members of party from holding office as Ministers or junior Ministers), for “a period of twelve months beginning with the date of the resolution” there is substituted “ such period of not less than six months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide ”.
For subsection (3) there is substituted—
In subsection (4) (ending exclusion), after “A period of exclusion” there is inserted “ under subsection (1) or (2) ”.
For subsections (6) and (7) there is substituted—
At the end there is inserted—
After section 30 of the Northern Ireland Act 1998 (c. 47) there is inserted—
In section 18 of that Act (which provides for the filling of Ministerial offices), in subsection (1) (occasions when offices are to be filled in accordance with the section), for paragraph (d) there is substituted—
In subsection (12)(b) of that section (application of section where party excluded under section 30(2)), after “party’s period of exclusion” there is inserted “ under that provision ”.
In that section, after subsection (12) there is inserted—
At the end of that section there is inserted—
In section 30 of that Act (exclusion of Ministers from office by resolution of the Assembly)—
in subsection (1A) (power to extend period of exclusion under subsection (1)), after “subsection (1)” there is inserted “ or section 30A(2) ”, and
in subsection (3) (power to extend period of exclusion under subsection (2)), after “subsection (2)” there is inserted “ or section 30A(5) ”.
After section 30A of the Northern Ireland Act 1998 (c. 47) there is inserted—
After section 47 of the Northern Ireland Act 1998 there is inserted—
In section 48 of that Act (pensions of members), after subsection (2) there is inserted—
After section 51 of the Northern Ireland Act 1998 (c. 47) there is inserted—
After section 51C of the Northern Ireland Act 1998 (c. 47) there is inserted—
After section 95 of the Northern Ireland Act 1998 (c. 47) there is inserted—
In section 18 of that Act (which provides for the filling of Ministerial offices), after subsection (12A) there is inserted—
After Schedule 12 to that Act there is inserted—
The Secretary of State shall report on the operation of—
the agreement mentioned in section 1(1), and
so much of this Act as amends the Northern Ireland Act 1998 (c. 47).
The first report under this section shall be in respect of the period of twelve months beginning with the passing of this Act.
Subsequent reports under this section shall be in respect of the period of twelve months beginning with the end of the previous reporting period.
Each report under this section shall be prepared as soon as practicable after the end of the period to which it relates.
A report under this section shall include any additional information which the Secretary of State thinks it appropriate for the report to include.
The Secretary of State shall—
lay a copy of each report under this section before each House of Parliament, and
publish each such report in such manner as he thinks fit.
This Act may be cited as the Northern Ireland (Monitoring Commission etc.) Act 2003.
This Act, other than this section, comes into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes.
Sections 1 to 3 and 11 of this Act, and sections 30A, 47B and 51B of the Northern Ireland Act 1998 (c. 47), shall cease to have effect at the end of such day as the Secretary of State may by order made by statutory instrument appoint.
An order under subsection (3) may include such consequential provision (including provision amending or repealing an enactment) and such transitional provision as the Secretary of State thinks fit.