I beg to move amendment No. 72, in page 77, line 8, leave out paragraph 16.

With this it will be convenient to discuss Government amendments Nos. 73 and 74.

These are technical amendments, and I shall endeavour to explain their purpose as slowly as I can, in the hope that I will understand them myself.

Schedule 3 provides for the transfer to the First Minister and Deputy First Minister, acting jointly, of the power to make appointments or recommendations for appointment to listed judicial offices. The schedule is not intended to take effect until after the devolution of justice functions, when the Judicial Appointments Commission is set up.

Paragraph 16 provides for the Lord Chancellor's power under section 11(3) of the Coroners Act (Northern Ireland) 1959 to employ persons to assist with investigations to transfer to the First Minister and Deputy First Minister. On reflection, we consider that that power is not directly related to the Lord Chancellor's appointment functions, and that it would be more appropriate for it to be transferred to the First and Deputy First Ministers under a subsequent transfer of functions order. Accordingly, paragraph 16 will be removed from the Bill.

Paragraphs 31 to 33 provide for the transfer from the Lord Chancellor to the First and Deputy First Ministers of a number of appointment functions in relation to the industrial tribunals and the fair employment tribunal for Northern Ireland. Paragraphs 32 and 33A provide for related amendments to the definitions of ''President'' and ''Vice-President'' in various regulations.

I do not have a problem with Government amendments Nos. 73 and 74. They appear to be merely technical. I am not so happy with Government amendment No. 72. I would like the Minister to give us further explanation.

The principle that underlies the Bill is that powers should be devolved when appropriate. That is the underlying principle of paragraph (16), which, as the Minister explained, provides the power to substitute the First Minister and Deputy First Minister for the Lord Chancellor in relation to coroners courts. Will the Minister explain why the words ''acting jointly'' do not appear after the words

''First Minister and deputy First Minister''

in the schedule? Is that an oversight? I imagine that it is. Although one might accept the Government's position that this power can be transferred at a later date by regulations under other powers in the Bill, I would prefer the powers to be transferred now, unless there is a much stronger explanation why it is necessary to wait for further regulations.

What would be the consequences of including such a provision in the Bill, albeit that a further technical amendment may be necessary to add the words ''acting jointly'', which appear to have been missed out? I would be grateful for further explanation of why the transfer of power should be done later by regulation rather than being provided for in the Bill now, which would enable the power to be transferred along with the rest of the provisions when the Secretary of State gives his authority under clause 85 on commencement.

The hon. Gentleman is absolutely right. It is our intention not to include the provision in the schedule because, on reconsideration, the specific roles carried out by those employed to assist with investigations do not fit properly within judicial appointments. That is the short explanation. The words ''acting jointly'' are a red herring because whether they are needed will be determined by the other provisions in section 11(3) of the relevant Act. Sometimes those words are implied, as we shall see later in our deliberations, and sometimes it is necessary to include them specifically, but they are not always needed. The context of the provision usually makes it clear that the First Minister and Deputy First Minister are intended to act jointly. The issue is a red herring because I am aware of at least one provision in the Bill in which the words are omitted, but implied.

The schedule relates to the devolution of appointment functions in relation to listed judicial offices. A person employed to assist with investigations in the circumstances described is not exercising a function in relation to a judicial office. The paragraph that the amendment will delete does not concern a listed judicial office. It was an error that the paragraph crept into the Bill in the first place and it should be taken out. It is the Government's intention to devolve the power to employ such persons to the First and Deputy First Ministers, but not in their capacity, ex officio, of First and Deputy First Ministers in relation to judicial appointments.

I am grateful for the Minister's explanation. On the basis of his assurance that the power to appoint investigators for coroners will be devolved when justice is devolved, I shall not oppose the amendment.

Amendment agreed to.

Amendments made: No. 73, in page 79, line 37, leave out 'definition of ''the President''' and insert

'definitions of ''the President'' and ''the Vice-President'''.—[Mr. Browne.]

No. 74, in page 79, line 41, at end insert—

'33A In regulation 2(2) of the Fair Employment Tribunal (Rules of Procedure) Regulations 1989 (SR 1989 No. 445), in the definitions of ''the President'' and ''Vice-President'', for ''Lord Chancellor'' substitute ''First Minister and deputy First Minister''.'.—[Mr. Browne.]

It being after Five o'clock, The Chairman proceeded, pursuant to Sessional Order D [28 June 2001] and the Orders of the Committee [28 and 31 January 2002], to put forthwith the Questions necessary to dispose of the business to be concluded at that time.

Schedule 3, as amended, agreed to.

Clauses 6 to 11 ordered to stand part of the Bill.

Schedule 4 agreed to.

Clauses 12 and 13 ordered to stand part of the Bill.