Miscellaneous
Section 43: Accredited community-based restorative justice schemes
99.Section 43 requires the Secretary of State to maintain a public register of schemes in Northern Ireland that appear to him to be community-based restorative justice schemes and to meet requirements determined and published by him. The requirements must include a requirement about cooperation with the Chief Inspector of Criminal Justice in Northern Ireland. The section also provides that the Chief Inspector may inspect the schemes and shall from time to time make a report to the Secretary of State on inspections carried out by him under the section. The Secretary of State must lay the report before Parliament and arrange for it to be published in accordance with section 49(2) to (4) of the Justice (Northern Ireland) Act 2002. The Secretary of State may remove a scheme from the register if (having considered any report made by the Chief Inspector) he considers that the scheme is not a community-based restorative justice scheme or that it does not meet the requirements.
Section 44: Northern Ireland department with policing and justice functions
100.Subsections (1) to (4) of section 44 amend section 21A of the Northern Ireland Act 1998 to provide a further model for a department with policing and justice functions, adding to the Assembly’s choice. A department set up under this model would be in the charge of a Northern Ireland Minister elected by the Assembly who would be supported by a similarly elected deputy Minister.
101.Subsection (5) inserts new section 21A(7A) to (7D), which provide for a new Northern Ireland department with policing and justice functions to be established under this model by Order in Council. This power may only be exercised, however, if the Secretary of State believes that there is no reasonable prospect that the Assembly will pass an Act establishing a department with policing and justice functions. The power may only be used once.
102.Subsection (6) of section 44 inserts new section 21B into the Northern Ireland Act 1998. New section 21B is an enabling power relating to this new model for a policing and justice department. It is available whether the new department is established by Act of the Assembly, or by Order in Council. It is designed to allow Ministers designate to be elected in advance of their taking up office on the devolution of policing and justice. If it was used, the Minister designate and deputy Minister designate would take up office after devolution of policing and justice, provided they took the pledge of office. If one or the other failed to do so, there would be a new election for one or both posts. The intention is to facilitate preparations for the new department, by enabling the new Ministerial team to begin operating in “shadow” form through these transitional arrangements.
103.Subsection (7) inserts new section 21C into the Northern Ireland Act 1998. It requires an Assembly committee to review the operation of the new Ministerial arrangements provided for by this model, and to report to the Assembly and Executive Committee no later than two years and ten months after devolved policing and justice functions are transferred to the department. The report must include a recommendation as to whether the deputy Ministerial office should be retained.
104.New section 21C also contains provision about the abolition of the deputy Ministerial office. If the Assembly resolve that the post should be abolished within the first three years of devolution, the Secretary of State must make an order to abolish the post on, or as soon as reasonably practicable after, the date specified by the Assembly. However if the Assembly resolve before the end of those three years that the deputy Ministerial office should be retained for a further period, the Secretary of State will not make an order to abolish the post unless and until that period, and any extension specified by the Assembly, have expired. If the Assembly does not resolve within the three years following devolution that the deputy Ministerial office should be abolished or retained, the Secretary of State must make an order abolishing the office as soon as reasonably practicable after the end of the three years. An order abolishing the deputy Ministerial office must be made by statutory instrument, but is not subject to any Parliamentary procedure.
105.An Assembly resolution to abolish or retain the deputy Ministerial office requires cross community support on a 50:50:50 basis (i.e. with the support of a majority of the members voting, a majority of the designated Nationalists voting and a majority of the designated Unionists voting).
106.Subsection (8) of section 44 gives effect to Schedule 5 to the Act.
Section 45: Chief Inspector of Criminal Justice
107.This section inserts the Northern Ireland Court Service, the Northern Ireland Legal Services Commission and the Life Sentence Review Commissioners into the list of organisations which the Chief Inspector of Criminal Justice in Northern Ireland shall inspect under his powers which are contained in Part 3 of the Justice (Northern Ireland) Act 2002. Subsection (6) inserts new subsection (6A) into section 47 of that Act and will exclude from inspection any judge or other person making judicial decisions or exercising judicial discretion, so that the Court Service is only subject to inspection in respect of court administration. The section also provides that the Lord Chancellor is included in the process of consultation on the Chief Inspector’s work programme (subsection (4)) and in receiving any completed reports in respect of the Court Service and the Legal Services Commission (subsection (7)).
Section 46: Free legal aid in magistrates’ courts
108.This section enables the magistrates’ court to make a restricted certificate for legal aid that covers only specified proceedings or aspects of proceedings. At the moment, the magistrates’ court can only make a certificate that covers the whole of proceedings, even if legal aid is only required for one stage (e.g. a bail hearing).
Section 47: Altering title of resident magistrate
109.The Report of the Northern Ireland Criminal Justice Review recommended restyling Northern Ireland resident magistrates as district judges (magistrates’ courts) in order to demonstrate publicly that the magistracy is an integral part of the judiciary.
110.Section 102 of the Courts Act 2003 provides the Lord Chancellor with a general power to alter, by order, existing judicial titles in relation to the Supreme Court and the county courts in Northern Ireland following consultation with the Lord Chief Justice of Northern Ireland. Section 47 amends section 102 of the 2003 Act so as to enable the Lord Chancellor to use this power to alter the titles of resident magistrate, presiding resident magistrate and deputy resident magistrate.
Section 48: Private Security Industry
111.This section sets out the pattern of transitional arrangements between the repeal of Schedule 13 of the Terrorism Act 2000, the introduction of Schedule 6 (interim arrangements) and the eventual regulation by the SIA as established by the 2001 Act. This section also modifies the 2001 Act and gives it UK-wide effect by making it extend to Northern Ireland as well as England, Wales and Scotland.
112.Following the repeal of Schedule 13 on 31 July 2007, Schedule 6 of this Act will have effect on 1 August 2007. Because the SIA cannot commence licensing in Northern Ireland immediately, Schedule 6 establishes a form of regulation for the transitional period. Once the SIA are ready to commence licensing in Northern Ireland, the relevant provisions of the 2001 Act will be brought into effect in Northern Ireland by statutory instrument in accordance with subsection (4). That order will repeal Schedule 6, thereby ending the interim scheme of regulation.
113.The 2001 Act sets up a scheme of statutory regulation of the private security industry. It establishes the SIA and defines its functions. These are:
to licence individuals and to approve companies;
to keep under general review the private security industry and the operation of the legislative framework;
to monitor the activities and effectiveness of those working in the industry;
to conduct inspections;
to set and approve standards of conduct, training and supervision within the industry; and
to make recommendations to improve standards.
114.The 2001 Act regime also specifies a range of activities which are licensable by the SIA, and details offences of providing unlicensed security services. It defines the various licensing functions of the SIA such as licensing criteria, licence conditions and appeals in licensing matters.
115.The current designated sectors or activities that must be covered by a licence are as follows:
Door supervisors – both in house and supplied under a contract for service;
Vehicle immobilisers on private land – both in house and supplied under a contract for service;
Security guards supplied under a contract for services;
Key holders supplied under a contract for services;
Close protection operatives supplied under a contract for services;
Cash and valuables in transit operatives supplied under a contract for services; and
Public space surveillance CCTV operatives supplied under a contract for services.
116.This Act enables all of these sectors and activities to be regulated in Northern Ireland by the SIA.
117.The SIA take various criteria into account when deciding whether to grant a licence or not. They ensure that applicants are properly trained in relevant areas, as well as checking for criminal convictions. The suitability of the applicant to work in the private security industry is assessed and they are granted or refused a licence according to the defined criteria.
118.A full explanation of the operation of the SIA and the 2001 Act is available in the Explanatory Notes prepared by the Home Office to be read in conjunction with the 2001 Act.
Section 49: Amendments of the Private Security Industry Act 2001
119.This section makes technical changes to the 2001 Act to allow for differences between Great Britain and Northern Ireland, for example, subsection (2) amends section 11 of the 2001 Act (licensing appeals) so that in relation to Northern Ireland, a reference to the Crown Court means a reference to the county court.
120.Subsection (6) amends section 25 of the 2001 Act (interpretation) by clarifying that any reference to an Act that does not extend to Northern Ireland shall be taken as a reference to the equivalent (or nearest equivalent) legislation that applies to Northern Ireland.
121.Paragraph 4(1) of Schedule 2 to the 2001 Act defines the activities covered as surveillance, inquiries or investigations carried out for the purpose of obtaining information about a person or about a person’s activities or whereabouts. Subsection (7) amends that Schedule by inserting new paragraph 4B which exempts the activities of a barrister-at-law or a solicitor in Northern Ireland which are carried out for the purposes of the provision of legal services. This is to ensure that the activities of solicitors and barristers in Northern Ireland are not caught as designated, licensable activities.
