Session 2007/2008

First Report

Assembly and Executive review committee

Report on the Inquiry
into the Devolution of
Policing and Justice Matters

Volume 1
Minutes of proceedings relating to the report,
Minutes of evidence, Papers from the NIO

Ordered by the Assembly and Executive Review Committee to be printed 26 February 2008
Report: 22/07/08R (Assembly and Executive Review Committee)

REPORT
EMBARGOED UNTIL

Commencement of the debate in Plenary on Tuesday, 11 March 2008

This document is available in a range of alternative formats.
For more information please contact the
Northern Ireland Assembly, Printed Paper Office,
Parliament Buildings, Stormont, Belfast, BT4 3XX
Tel: 028 9052 1078

Powers and Membership

Powers

The Assembly and Executive Review Committee is a Standing Committee established in accordance with Section 29A and 29B of the Northern Ireland Act 1998 and Standing Order 54 which provide for the Committee to:

• consider the operation of Sections 16A to 16C of the Northern Ireland Act 1998 and, in particular, whether to recommend that the Secretary of State should make an order amending that Act and any other enactment so far as may be necessary to secure that they have effect, as from the date of the election of the 2011 Assembly, as if the executive selection amendments had not been made;
• make a report to the Secretary of State, the Assembly and the Executive Committee, by no later than 1 May 2015, on the operation of Parts III and IV of the Northern Ireland Act 1998; and
• consider such other matters relating to the functioning of the Assembly or the Executive as may be referred to it by the Assembly.

Membership

The Committee has eleven members including a Chairperson and Deputy Chairperson with a quorum of five. The membership of the Committee since its establishment in May 2007 has been as follows:

Rt Hon Jeffrey Donaldson (Chairperson)	Mr Danny Kennedy
Mr Raymond McCartney (Deputy Chairperson)	Mr Nelson McCausland
Mr Alex Attwood	Mr Ian McCrea
Ms Carmel Hanna	Mr Alan McFarland
Ms Carál Ní Chuilín	Mr John O’Dowd
Mr George Robinson

Contents

Volume 1

Executive Summary
Summary of Recommendations
Introduction
The Committee’s Approach
Issues, findings, recommendations and conclusions
Annex A – Summary of what will devolve and what will not devolve

Appendicies

Appendix 1 – Minutes of Proceedings relating to the report
Appendix 2 – Minutes of Evidence
Appendix 3 – Papers from the NIO
List of Witnesses

Volume 2

Appendix 4 – Written Submissions
Appendix 5 – Party Position Papers
Appendix 6 – Other Correspondence
Appendix 7 – Research Papers
Appendix 8 – Other Papers

Executive Summary

1. This report has been prepared in accordance with the terms of section 18 of the Northern Ireland (St Andrews Agreement) Act 2006 which requires the Assembly to make a report to the Secretary of State before 27 March 2008, on progress towards the devolution of policing and justice matters.

2. Making progress on the devolution of policing and justice powers has proved to be deeply emotive, and highly sensitive; it has posed a significant, and often politically difficult, challenge over a considerable period of time. Indeed, the matter was considered previously by the Committee on the Preparation for Government, prior to the Northern Ireland (St Andrews Agreement) Act 2006, and, thereafter, by the Committee on the Programme for Government in the run up to restoration of the Northern Ireland Assembly in May 2007. For various reasons the devolution of policing and justice matters has been viewed by some as representing a risk to political developments in Northern Ireland, whereas others have considered that it provides an opportunity to secure political stability.

3. This report deals with the range of policing and justice powers which would cease to be reserved matters in circumstances where there was a request by the Assembly for devolution; it addresses issues associated with the ministerial model and procedures for filling the ministerial post/s for any new Department with responsibility for policing and justice powers, as well as the timing of devolution.

4. In particular, the report makes specific recommendations on the range of policing and justice powers which would cease to be reserved matters (see Annex A, pages 28-32 for a sumary of what will devolve and what will not devolve) as well as the further preparations which need to be made to facilitate devolution.

5. The report discusses issues to do with the structure, relationships, governance and accountability of any new department which would exercise powers in relation to policing and justice matters and it acknowledges concerns related to the funding for, and timing of, devolution.

6. The report calls on the political parties to commit to further discussions to produce recommendations on a range of outstanding issues associated with the ministerial model and procedures for filling the ministerial post/s for any department, including how any such department would be accommodated in the Executive, and the timing of devolution. The report also acknowledges that, once such agreement is reached, the detail of that agreement be conveyed, immediately thereafter, to the Secretary of State for Northern Ireland.

Summary of Recommendations

Recommendation 1

The Committee recommends that the matters specified in the NIO Discussion Paper (February 2006) be regarded as the policing and justice matters which are currently reserved matters under Schedule 3 of the Northern Ireland Act 1998. (Paragraph 12)

Recommendation 2

The Committee recommends that those matters in paragraphs 9(a) & (b) of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 17)

Recommendation 3

The Committee recommends that those matters in paragraph 9(c) of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 18)

Recommendation 4

The Committee recommends that those matters in paragraph 9(d) of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 19)

Recommendation 5

The Committee recommends that those matters in paragraph 9(e) of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 20)

Recommendation 6

The Committee recommends that those matters in paragraph 9(g) of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 21)

Recommendation 7

The Committee recommends that those matters in paragraph 9(h) of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 22)

Recommendation 8

The Committee recommends that those matters in paragraph 9A of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 23)

Recommendation 9

The Committee recommends that either before, or following, devolution of the range of policing and justice matters identified in this report, the Assembly should conduct a review of those matters relating to the ‘Public Processions (Northern Ireland) Act 1998’, and having regard to the outcome of the ‘Strategic Review of Parading’, should consider if, and when, they should be transferred. (Paragraph 24)

Recommendation 10

The Committee recommends that those matters in Paragraph 10 of Schedule 3 to the Northern Ireland Act 1998, other than those relating to the Public Processions (Northern Ireland) Act 1998, be transferred. (Paragraph 24)

Recommendation 11

The Committee recommends that those matters in paragraph 11 of Schedule 3 to the Northern Ireland Act 1998, other than those relating to ‘50:50 temporary recruitment provisions’, be transferred. (Paragraph 25)

Recommendation 12

The Committee recommends that either before, or following, the devolution of the range of policing and justice matters identified in this report, those matters relating to ‘50:50 temporary recruitment provisions’ should be reviewed to determine if, and when, they should be transferred. (Paragraph 25)

Recommendation 13

The Committee recommends that those matters in paragraph 12 of Schedule 3 to the Northern Ireland Act 1998, relating to health and safety aspects of explosives, and policy development, legislation and general oversight of ‘non-prohibited’ firearms be transferred. (Paragraph 26)

Recommendation 14

The Committee recommends that those matters in paragraphs 14A, 15 and 17 of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 27)

Recommendation 15

The Committee recommends that those matters in paragraph 15A of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 28)

Recommendation 16

The Committee recommends that those matters in paragraph 11A of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 29)

Recommendation 17

The Committee recommends that particular administrative arrangements relating to extradition and mutual legal assistance should be exercised by the Northern Ireland Minister/s. (Paragraph 32)

Recommendation 18

The Committee recommends that there should be a single department that will exercise powers in relation to policing and justice matters. (Paragraph 35)

Recommendation 19

The Committee recommends that the political parties commit to further discussions to produce recommendations on the ministerial model to be adopted and the method by which the Assembly would make the ministerial appointment/s and that it will be necessary for these discussions to take place before the devolution of policing and justice matters. (Paragraph 36)

Recommendation 20

The Committee recommends that the political parties commit to further discussions to produce recommendations on how any new department, which will exercise responsibility for policing and justice powers, might be accommodated in the Executive and that it will be necessary for these discussions to take place before the devolution of policing and justice matters. (Paragraph 37)

Recommendation 21

The Committee recommends that preparations for the appointment of an Attorney General for Northern Ireland should be taken forward by the First Minister and deputy First Minister before the devolution of policing and justice matters. (Paragraph 38)

Recommendation 22

The Committee recommends that the post of Attorney General should be a full time role, at least initially. (Paragraph 38)

Recommendation 23

The Committee recommends that the following organisations should transfer, as proposed, to the new Department, on a without prejudice basis. (Paragraph 40)

• Northern Ireland Prison Service (as an Agency)
• Forensic Science Northern Ireland (as an Agency)
• Youth Justice Agency (as an Agency)
• Compensation Agency (as an Agency)
• Police Service of Northern Ireland
• Northern Ireland Police Fund (as an Executive NDPB and Company Limited by Guarantee)
• RUC George Cross Foundation (as an Executive NDPB)
• Independent Assessor for PSNI Recruitment Applications (as an Advisory NDPB)
• Criminal Injuries Compensation Appeals Panel (as a Tribunal NDPB)
• Police Rehabilitation and Training Trust (as a Company limited by guarantee)
• Independent Monitoring Boards (Maghaberry, Magilligan and Hydebank Wood) (Independent Monitoring Boards)
• Prisoner Ombudsman (as an Independent Statutory Office holder)
• Life Sentence Review Commissioners (as Independent Statutory Office holders)[1]
• Commissioner for Hearings under Prison Rule 109B (Loss of Remission Commissioner)(as an Independent non-Statutory Office holder)
• The State Pathologist (employed by the Department)
• Medical Appeals Tribunal (Ad hoc Tribunal)
• Judicial Appointments Ombudsman (as an Independent Statutory Office holder)[2]

Recommendation 24

The Committee recommends that the organisations listed below should transfer as proposed, on a without prejudice basis. (Paragraph 41)

• Public Prosecution Service (as a Non-Ministerial Department)
• Northern Ireland Policing Board (as an Executive NDPB)
• Office of the Police Ombudsman (as an Executive NDPB)
• Criminal Justice Inspection Northern Ireland (as an Executive NDPB)
• Probation Board (as an Executive NDPB)
• NI Law Commission (as an Advisory NDPB)
• Northern Ireland Court Service (as an Agency)
• NI Legal Services Commission (as an Executive NDPB)
• Judicial Appointments Commission (as an Executive NDPB)

Recommendation 25

The Committee recommends the need for the Assembly to develop, and approve, in due course, a Standing Order that will require, and allow, the Attorney General to report to the Assembly. (Paragraph 44)

Recommendation 26

The Committee recommends that the Assembly should review whether there is merit in the Public Prosecution Service being attached to the Department with responsibility for policing and justice matters, and should consider what the implications would be for the structure of the Public Prosecution Service. (Paragraph 46)

Recommendation 27

The Committee recommends that the independence of the PPS and its accountability to the Assembly should be examined before, and following, the devolution of policing and justice matters to produce recommendations which would, in turn, be considered by the Assembly. (Paragraph 47)

Recommendation 28

The Committee recommends that members of the Statutory Committee for any new department which would exercise functions relating to policing and justice matters, should not sit, simultaneously, on either the Policing Board or any District Policing Partnership. (Paragraph 49)

Recommendation 29

The Committee recommends that the matters relating to appointments to the Policing Board should be examined further after the devolution of policing and justice matters. (Paragraph 49)

Recommendation 30

The Committee recommends that the matters relating to appointments to the Office of the Police Ombudsman should be examined by the political parties, initially, before the devolution of policing and justice matters. (Paragraph 51)

Recommendation 31

The Committee recommends that the NIO should make arrangements to have draft reports of the Criminal Justice Inspection submitted to the Assembly, and that the other matters raised by Criminal Justice Inspection Northern Ireland should be examined, initially, before the devolution of policing and justice matters. (Paragraph 53)

Recommendation 32

The Committee recommends that the matters relating to the future status of the Probation Board should be examined further after the devolution of policing and justice matters. (Paragraph 54)

Recommendation 33

The Committee recommends that the matters raised by the NI Law Commission should be examined further after the devolution of policing and justice matters. (Paragraph 55)

Recommendation 34

The Committee recommends that the matters raised by the NI Legal Services Commission should be examined further after the devolution of policing and justice matters. (Paragraph 56)

Recommendation 35

The Committee recommends that matters relating to the independence, governance and accountability of the Court Service be examined further, as a matter of priority, after the devolution of policing and justice matters. (Paragraph 59)

Recommendation 36

The Committee recommends that policy advice and legislative support in relation to legal aid should be transferred from the Court Service to the new Department which will exercise responsibility for policing and justice matters. (Paragraph 59)

Recommendation 37

The Committee recommends that a protocol should be put in place between the Judicial Appointments Commission and the Office of the First Minister and deputy First Minister regarding judicial appointments. (Paragraph 60)

Recommendation 38

The Committee recommends that the NIO and OFMdFM should take forward work to ensure that current agreements should remain in place at the point of devolution and that these should be reviewed by the Department and the Statutory Committee following devolution. (Paragraph 62)

Recommendation 39

The Committee recommends the development of Memoranda of Understanding between SOCA and the Security Services respectively, with the Minister/s, the Department which would have responsibility for policing and justice matters and the Assembly, to provide for an appropriate sharing of information. (Paragraph 63)

Recommendation 40

The Committee recommends that detailed discussions should take place between the political parties, the NIO, the Court Service and the Policing Board, before devolution, in order to attempt to finalise the financial provisions for policing and justice. (Paragraph 66)

Recommendation 41

The Committee recommends that the political parties commit to further discussions to agree when a request might be made for the devolution of policing and justice matters. (Paragraph 69)

Introduction

1. Section 18 (1) of the Northern Ireland (St Andrews Agreement) Act 2006 requires the Northern Ireland Assembly to make a report, to the Secretary of State, before 27 March 2008 –

(a) as to the preparations that the Assembly has made, and intends to make, having regard to paragraph 7 of the St Andrews Agreement[3], for or in connection with policing and justice matters ceasing to be reserved matters;

(b) as to which matters are likely to be the subject of any request under Section 4(2A)[4] of the 1998 Act that policing and justice matters should cease to be reserved matters;

(c) containing an assessment of whether the Assembly is likely to make such a request before 1 May 2008.

2. Following the restoration of the Northern Ireland Assembly, and at its meeting on 22 May 2007, the Assembly and Executive Review Committee (hereinafter referred to as “the Committee”) agreed to table a motion seeking the agreement of the Assembly to the Committee undertaking the work on preparing a report on progress towards devolution of policing and justice matters.

3. On 4 June 2007 the Assembly resolved that the task of preparing a report on progress towards the devolution of policing and justice should be a matter for the Committee[5].

The Committee’s Approach

4. At its meeting on 12 June 2007, the Committee agreed to conduct a formal inquiry and to prepare a report on progress towards devolution of policing and justice matters.

5. The terms of reference for the inquiry were approved at a Committee meeting on 3 July 2007[6] at which time the Committee also agreed to public advertisements calling for the receipt of written submissions by 17 August 2007. In addition, the Committee agreed to write, directly, to a number of specific organisations to invite views.

6. On 11 September 2007, when it met to consider the written submissions which had been received, the Committee also approved a forward work programme for the conduct of the inquiry; it further agreed to re-advertise the terms of reference and to extend the deadline for the receipt of submissions to 26 September 2007.

7. The Committee met on 20 occasions between 11 September 2007 and 26 February 2008 during which time it considered written and oral evidence from a range of individuals and organisations, including the NIO, as well as submissions from two expert witnesses. The political parties also made submissions during the course of the inquiry.

8. The minutes of proceedings of the Committee can be found at Appendix 1 and the minutes of evidence are included at Appendix 2. The deliberations of the Committee were informed by the “Devolving Policing and Justice in Northern Ireland: Discussion Paper” (February 2006) and subsequent papers, correspondence and memoranda from the NIO, all of which can be found in Appendix 3. Written submissions are re-produced in Appendix 4. Submissions from the political parties are included at Appendix 5, whilst general correspondence is included at Appendix 6. Papers prepared by the Northern Ireland Assembly Research and Library Service appear in Appendix 7, and Appendix 8 includes the submissions from the expert witnesses and documentation on the judicial system in England and Wales.

When it met on 26 February 2008, the Committee ordered that its report be printed.

Issues, Findings,
Recommendations and Conclusions

Issue 1:

Identification of those policing and justice matters which are currently reserved matters

9. Under its terms of reference, the Committee was required to identify those policing and justice matters which are currently reserved matters under Schedule 3 of the Northern Ireland Act 1998 (the 1998 Act).

Findings:

10. The issue was considered when the Committee met on 9 October 2007 and when it was agreed:

‘That the matters specified in the NIO Discussion Paper (February 2006)[7] be regarded as the policing and justice matters which are currently ‘reserved’ matters’.

11. However, the Committee draws attention to the fact that, whilst Schedule 3 of the 1998 Act deals with a range of reserved matters, including, for example, matters relating to family law, the Committee’s attention throughout the inquiry has been focused on particular matters relating to policing and criminal justice.

12. It is also the case that the NIO has developed its thinking since it published the original Discussion Paper in February 2006. The NIO has drawn these developments to the attention of the Committee in correspondence, and by way of written, and oral, evidence. A working draft version of a covering commentary, which the NIO intends to publish alongside draft legislative proposals, was provided to the Committee in February 2008. These documents can be found at Appendix 3.

Recommendation 1

The Committee recommends that the matters specified in the NIO Discussion Paper (February 2006) be regarded as the policing and justice matters which are currently reserved matters under Schedule 3 of the Northern Ireland Act 1998.

Issue 2:

The matters to be transferred and the extent to which they should be devolved

13. Using Chapters 5 to 17 of the NIO Discussion Paper (February 2006) as its baseline, but also having regard to Chapter 18 of that Paper, together with the suite of documents at Appendix 3, the Committee examined the range of issues which might feature in any request for the devolution of policing and justice matters.

Findings:

14. The Committee achieved a significant degree of consensus on a range of those reserved matters which should be transferred, and the extent to which they should be devolved.

15. However, the Committee was unable to achieve consensus on a number of reserved matters which might be transferred. The table at Annex A of this report provides details of what will devolve and what will not devolve.

16. The paragraphs below reflect the extent of the consensus reached in relation to the transfer of a number of those matters which are currently reserved. The report also acknowledges that, at this stage, there will remain certain limited exceptions to the general transfer of reserved powers. It is expected that the final version of the covering commentary to the legislative proposals will include a list of those matters which remain reserved. For ease of reference, the relevant Chapter of the NIO Discussion Paper (February 2006) is cross-referenced but, for completeness, it is also necessary to consider the suite of documents at Appendix 3.[8]

17. Chapter 5 NIO Discussion Paper (February 2006)

Criminal Law and Creation of Offences and Penalties

Paragraph 9(a) & (b) of Schedule 3 to the Northern Ireland Act 1998

Agreed:
That these reserved matters, as described in the Northern Ireland Office Discussion Paper (February 2006), should be transferred.

Misuse of Drugs

Matters relating to the ‘misuse of drugs’ were raised as a result of a written submission from the Cabinet Secretary for Justice in Scotland. The NIO provided an explanation of the arrangements in relation to the ‘misuse of drugs’ in the covering commentary of draft legislation in February 2008(See Appendix 3).8

Agreed:
That the Committee noted the proposed arrangements relating to the ‘misuse of drugs’, as outlined in the commentary.

Recommendation 2

The Committee recommends that those matters in paragraphs 9(a) & (b) of Schedule 3 to the Northern Ireland Act 1998 be transferred.

18. Chapter 6 NIO Discussion Paper (February 2006)

Prevention and Detection of Crime

Paragraph 9(c) of Schedule 3 to the Northern Ireland Act 1998

Agreed:
That these reserved matters, as described in the Northern Ireland Office Discussion Paper (February 2006), should be transferred.

Subsequently, the NIO further developed its thinking in relation to the ‘Regulation of Investigatory Powers Act 2000’ and the ‘regulation of the private security industry’ as outlined in the covering commentary of draft legislation provided by the NIO in February 2008 (See Appendix 3).9

The Committee noted the proposed arrangements relating to the ‘Regulation of Investigatory Powers Act 2000’ and the ‘regulation of the private security industry’, as outlined in the commentary.

Recommendation 3

The Committee recommends that those matters in paragraph 9(c) of Schedule 3 to the Northern Ireland Act 1998 be transferred.

19. Chapter 7 NIO Discussion Paper (February 2006)

Prosecutions

Paragraph 9(d) of Schedule 3 to the Northern Ireland Act 1998

Agreed:

That these reserved matters, as described in the Northern Ireland Office Discussion Paper (February 2006), should be transferred.

Recommendation 4

The Committee recommends that those matters in paragraph 9(d) of Schedule 3 to the Northern Ireland Act 1998 be transferred.

20. Chapter 8 NIO Discussion Paper (February 2006)

Treatment of Offenders

Paragraph 9(e) of Schedule 3 to the Northern Ireland Act 1998

Agreed:
That these reserved matters, as described in the Northern Ireland Office Discussion Document (February 2006), should be transferred.

Subsequently, the NIO further developed its thinking in relation to the ‘Treatment of Offenders’ as outlined in the covering commentary of draft legislation provided by the NIO in February 2008 (See Appendix 3).10

The Committee noted the proposed arrangements relating to the ‘Treatment of Offenders’, as outlined in the commentary.

Recommendation 5

The Committee recommends that those matters in paragraph 9(e) of Schedule 3 to the Northern Ireland Act 1998 be transferred.

21. Chapter 9 NIO Discussion Paper (February 2006)

Compensation

Paragraph 9(g) of Schedule 3 to the Northern Ireland Act 1998

Agreed:
That these reserved matters, as described in the Northern Ireland Office Discussion Paper (February 2006), should be transferred.

Recommendation 6

The Committee recommends that those matters in paragraph 9(g) of Schedule 3 to the Northern Ireland Act 1998 be transferred.

22. Chapter 10 NIO Discussion Paper (February 2006)

Community Safety Partnerships

Paragraph 9(h) of Schedule 3 to the Northern Ireland Act 1998

Agreed:
That these reserved matters, as described in the Northern Ireland Office Discussion Paper (February 2006), should be transferred.

Recommendation 7

The Committee recommends that those matters in paragraph 9(h) of Schedule 3 to the Northern Ireland Act 1998 be transferred.

23. Chapter 11 NIO Discussion Paper (February 2006)

Chief Inspector of Criminal Justice

Paragraph 9A of Schedule 3 to the Northern Ireland Act 1998

Agreed:
That these reserved matters, as described in the Northern Ireland Office Discussion Document (February 2006), should be transferred.

Recommendation 8

The Committee recommends that those matters in paragraph 9A of Schedule 3 to the Northern Ireland Act 1998 be transferred.

24. Chapter 12 NIO Discussion Paper (February 2006)

Public Order

Paragraph 10 of Schedule 3 to the Northern Ireland Act 1998

Agreed:
That these reserved matters, as described in the Northern Ireland Office Discussion Paper (February 2006), other than those relating to the ‘Public Processions (Northern Ireland) Act 1998’, should be transferred.

The Parades Commission

The Committee noted that there is an ongoing ‘Strategic Review of Parading’ chaired by Lord Ashdown.

There were diverse opinions about the transfer of matters relating to the ‘Public Processions (Northern Ireland) Act 1998’ and there was no consensus about whether this should continue to be a reserved matter.

Agreed:
That either before, or following, devolution of a range of agreed policing and justice matters, the Assembly should conduct a review of those matters relating to the ‘Public Processions (Northern Ireland) Act 1998’, to consider if, and when, these should be transferred.

Recommendation 9

The Committee recommends that either before, or following, devolution of the range of policing and justice matters identified in this report, the Assembly should conduct a review of those matters relating to the ‘Public Processions (Northern Ireland) Act 1998’, and having regard to the outcome of the ‘Strategic Review of Parading’, should consider if, and when, they should be transferred.

Future powers of the armed forces to operate in support of the police

The NIO provided an explanation of the arrangements in relation to the ‘future powers of the armed forces to operate in support of the police’ in the covering commentary of draft legislation in February 2008 (See Appendix 3).11

The Committee noted the proposed arrangements as outlined in the commentary.

Recommendation 10

The Committee recommends that those matters in Paragraph 10 of Schedule 3 to the Northern Ireland Act 1998, other than those relating to the Public Processions (Northern Ireland) Act 1998, be transferred.

25. Chapter 13 NIO Discussion Paper (February 2006)

The Police and the Policing Accountability Framework

Paragraph 11 of Schedule 3 to the Northern Ireland Act 1998

Agreed:
That these reserved matters, as described in the Northern Ireland Office Discussion Paper (February 2006), other than those relating to‘50:50 temporary recruitment provisions’, should be transferred.

50:50 temporary recruitment provisions

There were diverse opinions about the transfer of ‘50:50 temporary recruitment provisions’ and there was no consensus about whether this should continue to be a reserved matter.

Agreed:
That either before, or following, devolution of a range of agreed policing and justice matters, the Assembly should conduct a review of matters relating to‘50:50 temporary recruitment provisions’ to consider if, and when, these should be transferred.

Recommendation 11

The Committee recommends that those matters in paragraph 11 of Schedule 3 to the Northern Ireland Act 1998, other than those relating to ‘50:50 temporary recruitment provisions’, be transferred.

Recommendation 12

The Committee recommends that either before, or following, the devolution of the range of policing and justice matters identified in this report, those matters relating to ‘50:50 temporary recruitment provisions’ should be reviewed to determine if, and when, they should be transferred.

26. Chapter 14 NIO Discussion Paper (February 2006)

Firearms and explosives

Paragraph 12 of Schedule 3 to the Northern Ireland Act 1998

Agreed:
That these reserved matters, as described in the Northern Ireland Office Discussion Document (February 2006), should be transferred.

Subsequently, the NIO further developed its thinking in relation to firearms and explosives as outlined in the covering commentary of draft legislation provided by the NIO in February 2008 (See Appendix 3).12

The Committee noted the proposed arrangements in relation to firearms and explosives as outlined in the commentary.

Recommendation 13

The Committee recommends that those matters in paragraph 12 of Schedule 3 to the Northern Ireland Act 1998, relating to health and safety aspects of explosives, and policy development, legislation and general oversight of ‘non-prohibited’ firearms be transferred.

27. Chapter 15 NIO Discussion Paper (February 2006)

The Courts

Paragraphs 14A, 15 and 17 of Schedule 3 to the Northern Ireland Act 1998

Agreed:
That these reserved matters, as described in the Northern Ireland Office Discussion Document (February 2006), should be transferred.

Recommendation 14

The Committee recommends that those matters in paragraphs 14A, 15 and 17 of Schedule 3 to the Northern Ireland Act 1998 be transferred.

28. Chapter 16 NIO Discussion Paper (February 2006)

Northern Ireland Law Commission

Paragraph 15A of Schedule 3 to the Northern Ireland Act 1998

Agreed:
That these reserved matters, as described in the Northern Ireland Office Discussion Document (February 2006), should be transferred.

Recommendation 15

The Committee recommends that those matters in paragraph 15A of Schedule 3 to the Northern Ireland Act 1998 be transferred.

29. Chapter 17 NIO Discussion Paper (February 2006)

Co-operation between the PSNI and the Garda Siochána in relation to a specific series of matters

Paragraph 11A of Schedule 3 to the Northern Ireland Act 1998

Agreed:
That these reserved matters, as described in the Northern Ireland Office Discussion Paper (February 2006), should be transferred.

Recommendation 16

The Committee recommends that those matters in paragraph 11A of Schedule 3 to the Northern Ireland Act 1998 be transferred.

Excepted Matters

30. There are a number of matters which are excepted and which would require an amendment to the Northern Ireland Act 1998 to allow for any request to be made by the Assembly for the transfer of such matters. The table at Annex A of this report provides details of the excepted matters.

31. The Committee, in the course of its deliberations, had significant discussions regarding matters that are currently excepted.

There were diverse opinions about the transfer of those matters which are excepted. Both Sinn Féin and the SDLP argued that all excepted matters should be transferred. There was no consensus on seeking an amendment to the Northern Ireland Act 1998 to allow for such a request to be made by the Assembly for the transfer of these excepted matters.

32. Chapter 18 NIO Discussion Paper (February 2006)

Excepted Matters (Including National Security and Extradition)

Paragraph 3 of Schedule 2 to the Northern Ireland Act 1998

The NIO outlined the proposed arrangements in relation to ‘excepted matters’ in the covering commentary of draft legislation provided to the Committee in February 2008. Although no legislative powers will transfer, the commentary included a list of particular administrative arrangements relating to extradition and mutual legal assistance which would be exercised by the Northern Ireland Minister/s (See Appendix 3).13

Agreed:
That the matters described in the covering commentary of draft legislation provided by the NIO in February 2008 relating to particular administrative arrangements for extradition and mutual legal assistance should be exercised by the Northern Ireland Minister/s.

Recommendation 17

The Committee recommends that particular administrative arrangements relating to extradition and mutual legal assistance should be exercised by the Northern Ireland Minister/s.

Issue 3:

Ministerial Model and Procedures for Filling Ministerial Post/s

33. As well as considering what might be an appropriate ministerial model, and the procedures to be used for filling the ministerial post/s, the Committee spent a significant amount of time examining possible structures for any new policing and justice department; and how the various component parts of the policing and justice family might relate to each other, and to the Assembly, in circumstances where policing and justice matters were devolved. The Committee also took a keen interest in how matters of governance and accountability might operate after devolution.

Findings:

34. Although the Committee achieved a significant degree of consensus on a range of matters to do with structure, relationships, governance and accountability, there were occasions when it was unable to achieve consensus, particularly in relation to the ministerial model and procedures for filling the ministerial post/s.

Department

35. The Committee endorsed the earlier decision taken by the Committee on the Programme for Government that there should be a single department that will exercise powers in relation to policing and justice matters.

Recommendation 18

The Committee recommends that there should be a single department that will exercise powers in relation to policing and justice matters.

Ministerial Options

36. Although the Committee considered a range of ministerial options and possible methods of appointment as outlined below, it was unable to achieve consensus on these or any other option. The Committee noted that it would be open to the Assembly to develop other options for ministerial posts and appointment procedures which, if approved by the Assembly, would require a change in legislation.

Ministerial Options

Option 1: Single Minister

Section 21 A (3) of the Northern Ireland Act 1998 (the 1998 Act)

• Member of any party
• Consent of nominating officer required
• Joint nomination by FM/dFM
• Approved by resolution with 50/50/50 voting
• After appointment of FM/dFM and before d’Hondt
• Counts immediately for d’Hondt – schedule 4A Part 1 Para 2(2)(b)

Option 2: Two Ministers acting equally and jointly
Section 21 A (4) of the 1998 Act

• Member of any party
• Consent of nominating officer required
• Joint nomination by FM/dFM
• After appointment of FM/dFM and before d’Hondt
• Approved by resolution with 50/50/50 voting
• Counts immediately for d’Hondt – schedule 4A Part 2 Para 6(2)(b)

Option 3: One Minister and a Junior Minister in rotation (as decided by Act of the Assembly)
Section 21 A (5) of the 1998 Act

Member of any party

• Consent of nominating officer required
• Joint nomination by FM/dFM
• After appointment of FM/dFM and before d’Hondt
• Approved by resolution with 50/50/50 voting
• Counts immediately for d’Hondt – schedule 4A Part 3 Para 9(2)(b)

Option 4: One Minister and a deputy Minister
Section 21 A (5A) (a) and (b) of the 1998 Act

• Can be nominated by any member
• Must be a Member of a party of the largest or second largest designation
• Minister and deputy Minister must be from different political designations
• Consent of nominating officer required
• Elected with cross community support on a 50/50/50 basis
• After appointment of FM/dFM and before d’Hondt
• Counts in second round of d’Hondt only (where party holds two ministerial posts – schedule 4A Part 3A Part 11C (3)(A) and (3)(b)).

Recommendation 19

The Committee recommends that the political parties commit to further discussions to produce recommendations on the ministerial model to be adopted and the method by which the Assembly would make the ministerial appointment/s and that it will be necessary for these discussions to take place before the devolution of policing and justice matters.

Northern Ireland Executive Committee – Ministerial Offices

37. Although the Committee raised the matter of how any department would be accommodated in the Executive under section 17 of the Northern Ireland Act 1998, the issue was considered to be a matter for resolution in political negotiations.

Recommendation 20

The Committee recommends that the political parties commit to further discussions to produce recommendations on how any new department, which will exercise responsibility for policing and justice powers, might be accommodated in the Executive and that it will be necessary for these discussions to take place before the devolution of policing and justice matters.

Appointment of the Attorney General for Northern Ireland

38. The Committee discussed the creation of the post of Attorney General for Northern Ireland and acknowledged that the matter of the appointment of an Attorney General for Northern Ireland is for the First Minister and deputy First Minister. The Committee raised the matter with that Office and was advised that no preparatory work had been done in this regard; indeed, the Committee was told that it was a matter for political resolution. The Committee’s views on governance and accountability arrangements in relation to the Attorney General are discussed in more detail in paragraph 44 below.

Recommendation 21

The Committee recommends that preparations for the appointment of an Attorney General for Northern Ireland should be taken forward by the First Minister and deputy First Minister before the devolution of policing and justice matters.

Recommendation 22

The Committee recommends that the post of Attorney General should be a full time role, at least initially.

Structure

39. The paragraphs below reflect the extent, or otherwise, of the consensus reached on the structure of any department which would exercise powers in relation to policing and justice matters.

40. There was general agreement that the organisations listed in Annex B of the letter from the NIO dated 15 October 200714, should transfer, as proposed, to the new Department, on a without prejudice basis.

Recommendation 23

The Committee recommends that the following organisations should transfer, as proposed, to the new Department, on a without prejudice basis.

• Northern Ireland Prison Service (as an Agency)
• Forensic Science Northern Ireland (as an Agency)
• Youth Justice Agency (as an Agency)
• Compensation Agency (as an Agency)
• Police Service of Northern Ireland
• Northern Ireland Police Fund (as an Executive NDPB and Company Limited by Guarantee)
• RUC George Cross Foundation (as an Executive NDPB)
• Independent Assessor for PSNI Recruitment Applications (as an Advisory NDPB)
• Criminal Injuries Compensation Appeals Panel (as a Tribunal NDPB)
• Police Rehabilitation and Training Trust (as a Company limited by guarantee)
• Independent Monitoring Boards (Maghaberry, Magilligan and Hydebank Wood) (Independent Monitoring Boards)
• Prisoner Ombudsman (as an Independent Statutory Office holder)
• Life Sentence Review Commissioners (as Independent Statutory Office holders)15
• Commissioner for Hearings under Prison Rule 109B (Loss of Remission Commissioner)
  (as an Independent non-Statutory Office holder)
• The State Pathologist (employed by the Department)
• Medical Appeals Tribunal (Ad hoc Tribunal)
• Judicial Appointments Ombudsman (as an Independent Statutory Office holder)16

Structure

41. The Committee also agreed that the remaining organisations listed in the letter from the NIO dated 15 October 2007, and other correspondence17, should transfer as proposed. However, the Committee has made particular recommendations about these organisations in the section entitled ‘Relationships, Governance and Accountability’.

Recommendation 24

The Committee recommends that the organisations listed below should transfer as proposed, on a without prejudice basis.

• Public Prosecution Service (as a Non-Ministerial Department)
• Northern Ireland Policing Board (as an Executive NDPB)
• Office of the Police Ombudsman (as an Executive NDPB)
• Criminal Justice Inspection Northern Ireland (as an Executive NDPB)
• Probation Board (as an Executive NDPB)
• NI Law Commission (as an Advisory NDPB)
• Northern Ireland Court Service (as an Agency)
• NI Legal Services Commission (as an Executive NDPB)
• Judicial Appointments Commission (as an Executive NDPB)

Relationships, Governance and Accountability

42. The Committee considered it essential to ensure that there should be clarity of relationships within the field of policing and justice with clearly defined roles for the Minister/s, the Department and the entire range of organisations administering policing and justice, including their relationship with the Assembly and the relevant Statutory Committee.

43. The Committee agreed on the need to strike a balance between independence and accountability that would enable the organisations to administer policing and justice effectively.

The Role of the Attorney General

44. The Committee identified a number of governance issues associated with the post of Attorney General, including the extent of the role and the relationship with, and reporting arrangements to, the Assembly and highlighted the need for changes to the Assembly’s Standing Orders in this regard. The Committee welcomed the advice in the NIO letter of 14 February 2008 that the Attorney General would be answerable to the Assembly on matters of prosecution policy. The Committee also gave consideration to the role of the Attorney General in relation to prosecution policy as discussed at paragraph 45 below.

Recommendation 25

The Committee recommends the need for the Assembly to develop, and approve, in due course, a Standing Order that will require, and allow, the Attorney General to report to the Assembly.

Public Prosecution Service

45. The Committee considered the future status of the PPS and there was a collective concern about its accountability. There was a consensus around the need to increase the lines of accountability for the PPS without impacting on its operational independence. The Committee considers that this should be a matter for consideration by the Assembly before, and following, the devolution of policing and justice matters.

46. Although the Committee agreed that, for the purposes of devolution, the PPS should be attached to the Office of the First Minister and the deputy First Minister, it considers that there may be merit in it being attached to the Department which would exercise powers in relation to policing and justice matters.

Recommendation 26

The Committee recommends that the Assembly should review whether there is merit in the Public Prosecution Service being attached to the Department with responsibility for policing and justice matters, and should consider what the implications would be for the structure of the Public Prosecution Service.

47. The Committee raised the matter of accountability of the Public Prosecution Service with the NIO and noted that following its deliberations, the NIO, in its letter of 14 February 2008, outlined how greater accountability could be achieved and advised that the Director of Public Prosecutions could also be answerable to the Assembly on questions of prosecution policy.

Recommendation 27

The Committee recommends that the independence of the PPS and its accountability to the Assembly should be examined before, and following, the devolution of policing and justice matters, to produce recommendations which would be considered by the Assembly.

Northern Ireland Policing Board

48. The Committee agreed the need for a Memorandum of Understanding to clarify the relationships which would exist between the PSNI, the Policing Board and any new Statutory Committee, and which would deal with potential conflicts of interest. The Committee has requested that such a Memorandum be developed and referred to the Assembly for consideration.

49. There was consensus that members of the Statutory Committee for any new department which would exercise functions relating to policing and justice matters, should not sit, simultaneously, on either the Policing Board or any District Policing Partnership.

There were diverse opinions about whether political parties should continue to appoint MLAs to the Policing Board, but it was agreed that the matter should be considered after the devolution of policing and justice matters.

Recommendation 28

The Committee recommends that members of the Statutory Committee for any new department which would exercise functions relating to policing and justice matters, should not sit, simultaneously, on either the Policing Board or any District Policing Partnership.

Recommendation 29

The Committee recommends that the matters relating to appointments to the Policing Board should be examined further after the devolution of policing and justice matters.

Office of the Police Ombudsman

50. The Committee discussed the appointment procedures in relation to the Office of the Police Ombudsman.

There were diverse opinions about whether the advisory role in relation to the appointment of the Police Ombudsman should transfer to the Northern Ireland Minister/s or to OFMdFM, and whether the Executive should have a role in consultation.

51. The Committee agreed that this matter should be considered before the devolution of policing and justice matters, possibly as part of the suggested political negotiations.

Recommendation 30

The Committee recommends that the matters relating to appointments to the Office of the Police Ombudsman should be examined by the political parties, initially, before the devolution of policing and justice matters.

Criminal Justice Inspection Northern Ireland

52. The Committee noted the recommendations raised in the written submission from Criminal Justice Inspection Northern Ireland18 and agreed that these matters should be considered further before the devolution of policing and justice matters.

53. The Committee agreed that draft reports from Criminal Justice Inspection Northern Ireland should be submitted to the Assembly and not Westminster.

Recommendation 31

The Committee recommends that the NIO should make arrangements to have draft reports from Criminal Justice Inspection Northern Ireland submitted to the Assembly, and that the other matters raised by Criminal Justice Inspection Northern Ireland should be examined, initially, before the devolution of policing and justice matters.

Probation Board

54. The Committee noted the recommendation of the Criminal Justice Review 2000 that the Probation Board become an agency of the new Department similar to the Prison Service to assist co-operation in the correctional area19.

Recommendation 32

The Committee recommends that the matters relating to the future status of the Probation Board should be examined further after the devolution of policing and justice matters.

NI Law Commission

55. The Committee noted the submission from the NI Law Commission20 and agreed that the matters raised should be considered further after the devolution of policing and justice matters.

Recommendation 33

The Committee recommends that the matters raised by the NI Law Commission should be examined further after the devolution of policing and justice matters.

NI Legal Services Commission

56. The Committee noted the submission from the NI Legal Services Commission21 and agreed that the matters raised should be considered further after the devolution of policing and justice matters.

Recommendation 34

The Committee recommends that the matters raised by the NI Legal Services Commission should be examined further after the devolution of policing and justice matters.

Northern Ireland Court Service

57. The Committee heard well argued testimonies from the Lord Chief Justice, the Director of the Court Service and the expert witnesses, the Chief Executive of the Irish Court Service and Professor Jackson from Queen’s University22. The Committee also had regard to the judicial system which operates in Scotland23 and to emerging proposals in England and Wales24.

58. The Committee spent considerable time deliberating the issue of greater independence for the Court Service and agreed that, although it would not be possible to implement change before devolution, that this should be examined further as a matter of priority following devolution.

59. There was consensus that policy advice and legislative support in relation to legal aid should be transferred from the Court Service to the new Department.

Recommendation 35

The Committee recommends that matters relating to the independence, governance and accountability of the Court Service be examined further, as a matter of priority, after the devolution of policing and justice matters.

Recommendation 36

The Committee recommends that policy advice and legislative support in relation to legal aid should be transferred from the Court Service to the new Department which will exercise responsibility for policing and justice matters.

Judicial Appointments Commission

60. The Committee noted that the Judicial Appointments Commission will be attached to the Office of the First Minister and deputy First Minister and agreed that a protocol should be put in place between the Commission and the Office of the First Minister and deputy First Minister regarding judicial appointments.

Recommendation 37

The Committee recommends that a protocol should be put in place between the Judicial Appointments Commission and the Office of the First Minister and deputy First Minister regarding judicial appointments.

North/South Agreements

61. The Committee discussed the arrangements which would be required to ensure that current agreements should remain in place at the point of devolution. The Committee agreed that the NIO, in consultation with OFMdFM, should take steps to ensure that relevant protocols are in place at the point of devolution.

62. The Committee agreed that there should be a review of policing and justice agreements to be carried out by the Department in consultation with the Statutory Committee following devolution.

Recommendation 38

The Committee recommends that the NIO and OFMdFM should take forward work to ensure that current agreements should remain in place at the point of devolution and that these should be reviewed by the Department and the Statutory Committee following devolution.

Excepted Matters

Excepted Matters

63. The Committee acknowledged that SOCA and the Security Services are involved in issues of national security - which are excepted matters. Nevertheless, the Committee considered that, especially in relation to non-terrorist related organised crime, there might be virtue in developing Memoranda of Understanding between SOCA and the Security Services respectively, with the Minister/s, the Department which would have responsibility for policing and justice matters and the Assembly, to provide for an appropriate sharing of information in relation to non-terrorist related organised crime and how SOCA and the Security Services would operate in Northern Ireland.

64. There were diverse opinions about the need for a higher degree of oversight in relation to the operation of SOCA and the Security Services in Northern Ireland.

Recommendation 39

The Committee recommends the development of Memoranda of Understanding between SOCA and the Security Services respectively, with the Minister/s, the Department which would have responsibility for policing and justice matters and the Assembly, to provide for an appropriate sharing of information.

Issue 4: Preparations

Identification of the preparations which the Northern Ireland Assembly has made, and needs to make, to facilitate the devolution of policing and justice matters

64. In the evidence provided by the NIO, the Office of the First Minister and deputy First Minister and the range of organisations involved in policing and justice matters, it was made clear to the Committee that all the necessary administrative arrangements had been made, or could be made, in time to respond to any request there might be for devolution of policing and justice matters.

65. Elsewhere in this report, notably in the sections dealing with structure, relationships, governance and accountability, the Committee has identified a range of matters on which further work needs to be done. Some of this work will be the subject of political negotiations, whilst other elements are of an administrative nature and are capable of being addressed before, or after, devolution of policing and justice matters. It is also expected that the relevant Memoranda of Understanding which are required prior to devolution, will be made available by the NIO to the Assembly in March or April 2008. Consequently, the Committee is unable, at this stage, to comment on their efficacy or adequacy.

Financial Provisions

66. The Committee discussed the issue of funding for policing and justice on various occasions. It is concerned that, following devolution of those powers, any pressure that might arise on the policing and justice budget may, ultimately, have to be borne by the NI Block. The Committee agreed that detailed discussions should take place between the political parties, the NIO, the Court Service and the Policing Board, before devolution, in order to attempt to finalise the financial provisions for policing and justice.

Recommendation 40

The Committee recommends that detailed discussions should take place between the political parties, the NIO, the Court Service and the Policing Board, before devolution, in order to attempt to finalise the financial provisions for policing and justice.

Assembly Procedures

67. Following the successful conclusion of political negotiations, it will be necessary for the First Minister and the deputy First Minister acting jointly to table a motion resolving that the range of policing and justice matters described in this Report should cease to be reserved matters; and that the resolution is passed by the Assembly with the support of a majority of the members voting on the motion, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.

Issue 5:
Timing of the devolution of policing and justice matters

68. The political parties represented on the Committee had different views on the timing of devolution of policing and justice matters, and given those diverse opinions, the Committee was unable to reach consensus on this issue.

69. Since the Committee was unable to reach consensus on the timing of devolution of policing and justice matters, and this report includes recommendations about further political negotiations, the Committee was unable to reach a conclusion as to whether the Assembly will make a request for the transfer of policing and justice matters before 1 May 2008.

Recommendation 41

The Committee recommends that the political parties commit to further discussions to agree when a request might be made for the devolution of policing and justice matters.

Annex A: Summary of what will
devolve and what will not devolve

Unless otherwise specified, when the table refers to issues devolving it means both that the Assembly will take on legislative competence for that particular area and that any statutory functions or powers currently conferred on UK Ministers will transfer to NI Ministers or Departments.[25]

Schedule 3 paragraph	Reserved Matters that will devolve	Reserved Matters that will not devolve	Excepted Matters
9(a) & (b) The criminal law and the creation of offences and penalties.	The criminal law and the creation of offences and penalties generally, subject to the entry in the next column. Executive and regulatory powers under the Misuse of Drugs Act 1971.25 Advice to the Crown on the exercise of the Royal Prerogative of Mercy on non-terrorist offences.	Advice to the Crown on the exercise of the Royal Prerogative of Mercy on offences that remain in the reserved or excepted field. Classification of drugs and the overall framework of the 1971 Act (new para 9ZA of Sch. 3 to the 1998 Act)	The law governing treason or terrorist offences (paras 7 and 17 of Sch. 2 to the 1998 Act) Advice to the Crown on the exercise of the Royal Prerogative of Mercy on offences that remain in the reserved or excepted field.
9(c) The prevention and detection of crime.	The law on police powers (other than those relating to counter-terrorism and intelligence gathering). Regulation of the private security industry in the longer term by the Security Industry Authority. The work of Forensic Science Northern Ireland and the State Pathologist’s Department.	The legislation and regulatory structure governing the acquisition of intelligence information (including RIPA in sofar as it is not already excepted) (new paras 9(a) and (b) of Sch. 3) Regulation of the private security industry under the current temporary arrangements (new para 9(d) of Sch. 3)	Police powers under counter-terrorism legislation (para 7 of Sch 2) Legislation governing extradition and international mutual legal assistance (para 3 of Sch. 2) The work of HM Revenue & Customs, the Serious Organised Crime Agency and the Borders & Immigration Agency (paras 8 - 10 of Sch. 2) The Serious Organised Crime Agency exercise a UK wide remit

[26]

Schedule 3 paragraph	Reserved Matters that will devolve	Reserved Matters that will not devolve	Excepted Matters
9(d) Prosecutions	Attorney General for NI. Public Prosecution Service for Northern Ireland.		Advocate General for NI (para. 21A of Sch. 2)
9(e) Treatment of offenders	The care and supervision of offenders in custody and on licence in the community. Functions relating to mentally disordered offenders.26 The release and recall of offenders generally subject to the entry in the next column. Probation Board for NI. Youth Justice Agency. NI Prisoner Ombudsman.	Legislation on separated accommodation will require SoS consent; decisions about entry to and removal from separated accommodation will fall to SoS (new para9(c)(i) of Sch. 3) Legislation on the release of life sentence prisoners on licence, and certain functions relating to the Life Sentence Review Commissioners (new para 9(c)(ii) of Sch. 3) Legislation on the transfer of prisoners from NI to other parts of the UK (new para 9(c)(iii) of Sch. 3)	The Sentence Review Commissioners (para 17 of Sch. 2) This area will need to be revised in the light of the upcoming Criminal Justice Order
9(g) Compensation	The work of the Compensation Agency and the Criminal Injuries Compensation Appeals Panel.		The compensation scheme provided for in the Terrorism Act 2000 and its successor scheme in the Justice & Security (NI) Act 2007 (para 17 of Sch. 2)
9(h) Community safety partnerships.	Everything.	Nothing.
9A Chief Inspector of Criminal Justice for NI	Everything.	Nothing.
10 Public Order	The statutory framework governing the maintenance of public order, except as set out in the next column.	Police and army powers under ss. 21-42 of the Justice & Security (NI) Act 2007, while these are in force (new para 10A of Sch. 3) Matters dealt with under the Public Processions (Northern Ireland) Act 1998
11 Policing	The PSNI. Policing Board for NI Police Ombudsman for NI District Policing Partnerships	The Secretary of State will continue to be responsible for national security matters including protection of national security related information (new para 11(a) of Sch. 3, insofar as not excepted under para 17 of Sch. 2) Matters relating to 50:50 temporary recruitment provisions	National security matters (para 17 of Sch. 2)
11A Co-operation between the PSNI and the Garda Siochana	Everything.	Nothing.
12 Firearms & explosives	The framework for licensing ‘normal’ firearms. Fireworks regulation. Health & safety aspects of explosives regulation.	Licensing prohibited weapons and regulation of crown servants’ access to firearms (new para. 12(a) and (d) of Sch. 3) Appeals against the Chief Constable’s decision not to issue a firearms certificate – will be devolved in due course (new para 12(b) of Sch. 3) The removal, in individual cases, of a statutory prohibition on the purchase, etc. of firearms (new para 12 (c) of Sch. 3) Security aspects of explosives regulation (provision still to be drafted)
14A Rights of appeal to the Supreme Court and legal aid for such appeals. This provision is not yet commenced. The Supreme Court itself is excepted (para 11A of Sch.2 to the 1998 Act).	Conferral of a right of appeal to the Supreme Court of the United Kingdom and legal aid for such appeal once this provision is commenced.		The Supreme Court of the United Kingdom (which is to replace the appellate functions of the House of Lords) itself will remain excepted (para. 11A of Sch. 2)
15 The Courts [The functions of the Lord Chief Justice of NI, as head of the judiciary in NI, will remain unchanged following devolution.]	The NI Court Service Legal aid Judicial appointments and removals The NI Judicial Appointments Commission and Judicial Appointments Ombudsman. Payment of judicial salaries and pensions. Certain administrative functions in relation to extradition and mutual legal assistance cases.	UK-wide Lord Chancellor functions relating to the Data Protection Act 1998 (para 40 of Sch. 3).	The Prime Minister will continue to have a role in the appointment of the Lord Chief Justice and Lord Justices of Appeal. Both the Prime Minister and the Lord Chancellor will have a role in any removal of the Lord Chief Justice and a Lord Justice of Appeal (para 11 of Sch. 2) The appointment of special advocates (para 17 of Sch 2) The determination of judicial salaries, pensions and other terms & conditions (para 11 of Sch. 2) UK-wide Lord Chancellor functions relating to the judiciary (para 11 of Sch.2 or international relations (para 3 of Sch.2 ) or under the Human Rights Act 1998 ( para 3 of Sch.2 and section 7(1)(b))
15A The Northern Ireland Law Commission.	Everything now the Commission is established, although the Commission members are not all appointed.	Nothing.

Appendix 1

Minutes of Proceedings Relating to the Report

Tuesday, 22 May 2007
Room 144, Parliament Buildings

Present:
Rt Hon Mr Jeffrey Donaldson MP (Chairperson)
Mr Raymond McCartney (Deputy Chairperson)
Mr Alex Attwood
Mrs Carmel Hanna
Mr Danny Kennedy
Mr Nelson McCausland
Mr Ian McCrea
Mr Alan McFarland
Mr John O’Dowd
Mr George Robinson

In attendance:
Debbie Pritchard (Principal Committee Clerk)
Stephen Graham (Assembly Clerk)
Keith McBride (Clerical Supervisor)
Lynn Gray (Clerical Officer)
Dr Peter Gilleece (Assembly Research and Library Services)

Apologies:
Ms Cáral Ní Chuilín

The meeting opened at 11.02am in Public Session

1. Apologies

Apologies are detailed above.

In the context of the work programme, members then considered the requirement on the Assembly to report to the Secretary of State on the devolution of policing and justice matters by 27 March 2008 [Section 18, Northern Ireland (St Andrews Agreement) Act 2006]

11.54am Meeting suspended due to division in the Chamber

12.11 pm Meeting re-convened with the following members present

Mr Alex Attwood, Rt Hon Mr Jeffrey Donaldson, Mrs Carmel Hanna, Mr Danny Kennedy, Mr Nelson McCausland, Mr Ian McCrea, Mr Alan McFarland, Mr John O’Dowd, Mr George Robinson.

Agreed: That the Committee should table a motion seeking the agreement of the Assembly to the Committee undertaking the work on preparing a report on the devolution of policing and justice matters.

12.14pm Raymond McCartney joined the meeting

Agreed:

“Report on progress towards devolution of policing and justice matters

That this Assembly calls on the Assembly and Executive Review Committee to report by 29 February 2008 on the work which needs to be undertaken, in accordance with section 18 of the Northern Ireland (St Andrews Agreement) Act 2006

(a) as to the preparations that the Assembly has made, and intends to make, having regard to paragraph 7 of the St Andrews Agreement, for or in connection with policing and justice matters ceasing to be reserved matters;

(b) as to which matters are likely to be the subject of any request under section 4(2A) of the 1998 Act that policing and justice matters should cease to be reserved matters;

(c) containing an assessment of whether the Assembly is likely to make such a request before 1 May 2008”.

Agreed: The Clerk to prepare a briefing paper on the potential impact of the Justice and Security Bill in relation to the devolution of Policing and Justice matters and to supply copies of the Bill to members.

12.54pm the Chairperson adjourned the meeting.

[EXTRACT]

Tuesday, 12 June 2007
Room 144, Parliament Buildings

Present:
Rt Hon Jeffrey Donaldson, MP (Chairperson)
Mr Raymond McCartney (Deputy Chairperson)
Mr Alex Attwood
Mr Danny Kennedy
Mr Nelson McCausland
Mr Alan McFarland
Ms Carál Ní Chuilín
Mr John O’Dowd
Mr George Robinson

In Attendance:
Mrs Debbie Pritchard (Principal Clerk)
Mr Stephen Graham (Assembly Clerk)
Ms Eleanor Murphy (Assistant Assembly Clerk)
Mr Keith McBride (Clerical Supervisor)
Mr Tom Skelton (Clerical Officer)
Dr Peter Gilleece (Assembly Research Services)

Apologies:
Mrs Carmel Hanna
Mr Ian McCrea

The meeting opened at 11:04am in public session.

1. Apologies

Apologies are detailed above.

7. Devolution of Policing and Justice

The Chairperson invited Members to declare relevant interests in relation to this item of business. The following interests were declared:

Jeffrey Donaldson:

• Member of the Northern Ireland Policing Board
• Member of Her Majesty’s Privy Council

George Robinson:

• Member of Limavady District Policing Partnership

The Chairperson reminded Members that on the 4 June, and on the basis of the Committee’s motion, the Assembly resolved that the task of preparing a report on the transfer of policing and justice should be a matter for the Committee. Following discussion, a number of actions were agreed, as follows:

Agreed: The Committee would conduct a formal inquiry into the transfer of policing and justice matters.

Agreed: That the Clerk should present, at the next meeting, draft terms of reference for the inquiry and a list of relevant witnesses and bodies whom the Committee might call on to inform its inquiry.

Agreed: That the Secretary of State, the Minister with responsibility for Security, Policing and Prisons, the Minister with responsibility for Criminal Justice and the Chief Constable be amongst those invited to provide evidence to the Committee.

Agreed: That relevant NIO officials be invited to address the next meeting of the Committee to provide an assessment of the expectations of the Secretary of State in terms of the report he wishes to receive from the Assembly and to report on the practical arrangements being made for the transfer of Policing, Security and Criminal Justice matters.

Agreed: That the Clerk would request copies of papers presented by the 4 main political parties at the recent Criminal Justice System Conference in time for consideration at the next meeting.

Agreed: That, following the presentation by NIO officials on 3 July 2007, the four main political parties, and those parties in the Assembly not represented on the Committee, would be invited to provide up to date position papers for consideration by the Committee after the summer recess. The papers should reflect current views on transferring policing and justice issues and the timeframe for the devolution of policing and justice matters.

12:39pm Danny Kennedy left the meeting.

The Chairperson adjourned the meeting at 12:45pm.

[EXTRACT]

Tuesday, 3 July 2007
Room 144, Parliament Buildings

Present:
Rt Hon Jeffrey Donaldson, MP (Chairperson)
Mr Danny Kennedy
Mr Nelson McCausland
Mr Ian McCrea
Mr Alan McFarland
Ms Carál Ní Chuilín
Mr John O’Dowd
Mr George Robinson

In Attendance:
Mrs Debbie Pritchard (Principal Clerk)
Mr Stephen Graham (Assembly Clerk)
Mrs Roisin Donnelly (Assistant Clerk)
Mr Keith McBride (Clerical Supervisor)
Ms Lynn Gray (Clerical Officer)

Apologies:
Mr Alex Attwood

The meeting opened at 11:05am in public session.

1. Apologies

Apologies are detailed above.

6. Inquiry into the Devolution of Policing and Justice

The Chairperson invited Members to declare relevant interests. The following interests were declared:

Jeffrey Donaldson:

• Member of the Northern Ireland Policing Board
• Member of Her Majesty’s Privy Council

George Robinson:

• Member of Limavady District Policing Partnership

Ian McCrea

• Member of Cookstown District Policing Partnership

(a) Briefing by Northern Ireland Office Officials

Peter May and Clare Salters, Northern Ireland Office officials, joined the meeting at 11.58 am and gave a presentation on the devolution of policing and justice matters.

After their presentation, the officials answered questions from the members and agreed to write to the Committee Clerk with further information.

The officials left the meeting at 12.32 pm.

(b) Papers presented by political parties at the Criminal Justice System Conference

Members noted the papers presented by the DUP, SDLP and UUP at the Criminal Justice System Conference held on 5 June 2007. John O’Dowd confirmed that the paper presented by Sinn Féin would be forwarded to the Clerk for distribution in due course.

(c) Analysis of the views of political parties in relation to NIO proposals

Members noted the briefing paper providing and analysis of the political parties’ views on the NIO proposals contained in the discussion paper ‘Devolving Policing and Justice in Northern Ireland’.

(d) Draft Terms of Reference

There was some discussion on the level of detail and the issues to be reflected in the Terms of Reference.

Agreed: That the draft Terms of Reference should be adopted.

(e) Inquiry Workplan

Agreed: That the proposed inquiry work plan be adopted.

(f) Written Submissions

There was some discussion on the proposed list of organisations from whom written submissions would be invited.

Agreed: That letters would be issued inviting written submissions from those on the list presented (subject to one omission) and that a further consultation list to be obtained from OFMDFM Equality Unit, would also be used.

Agreed: That a public notice would be placed in the local newspapers inviting written submissions from any interested individual or group.

Agreed: That the political parties would be furnished with the briefing paper from the NIO, the official transcript of the briefing session, the analysis of party positions and the Criminal Justice Conference papers.

The Chairperson reminded members that the deadline for receipt of written submissions was 17 August 2007.

The Chairperson adjourned the meeting at 1.03 pm.

[EXTRACT}

Tuesday 11 September 2007
Room 144, Parliament Buildings

Present:
Rt Hon Jeffrey Donaldson, MP (Chairperson)
Mr Raymond McCartney (Deputy Chairperson)
Mrs Carmal Hanna
Mr Danny Kennedy
Mr Ian McCrea
Mr Alan McFarland
Ms Carál Ní Chuilín
Mr John O’Dowd
Mr George Robinson

In Attendance: Mrs Debbie Pritchard (Principal Clerk)
Mr Stephen Graham (Assembly Clerk)
Ms Sinead Nash (Assistant Clerk)
Mr Keith McBride (Clerical Supervisor)
Ms Lynn Gray (Clerical Officer)

Apologies: Mr Alex Attwood
Mr Nelson McCausland

The meeting opened at 11:05am in public session.

1. Apologies

Apologies are detailed above

11:20am Carál Ní Chuilín joined the meeting

11:32am John O’Dowd left the meeting

6. Inquiry into the Devolution of Policing and Justice

The following interests were declared:

Jeffrey Donaldson:

• Member, Her Majesty’s Privy Council
• Member, Northern Ireland Policing Board

George Robinson:

• Member, Limavady District Policing Partnership

Ian McCrea declared the following interest:

• Member of Cookstown District Policing Partnership.

6.1 Consideration of Written Submissions

The Chairperson reminded Members that submissions to the Inquiry had been received up to (and including) Thursday 6 September and were included in their black folders.

6.2 Written submissions

The Chairperson referred to submissions received, to representations from the Bar Council and Law Society and correspondence from OFMdFM stating that they are considering the matter.

Members agreed:

• To accept and consider late submissions received after the deadline.
• To accept and consider submissions from those organisations which requested more time.
• To extend the deadline for written submissions to 26 September
• To re-advertise the terms of reference and details of the extended deadline.
• That the Chairperson should write reminder letters to the Green Party and the Independent Health Coalition
• That the Clerk should write to those organisations who had declared an intention to submit including the Bar Council, Law Society and OFMdFM and any other key contacts.
• That the Clerk should also write to University of Ulster Transitional Justice Unit to invite a written submission.

6.3 Oral Evidence Sessions

Members reviewed the written submissions received and considered those witnesses who might be called to give oral evidence.

Agreed:

• That the Committee will adhere to the original timetable with weekly witness sessions beginning on 25 September.
• Clerk to prepare a list of key issues/questions for oral witnesses based on the terms of Reference of the Inquiry.

11:45amDanny Kennedy left the meeting

• Research paper on the role of SOCA and its relationship with the NIO and PSNI to be commissioned.
• That the following witnesses will be called to give oral evidence:

Lord Chief Justice Secretary of State
Northern Ireland Court Service Policing Board
Alliance Party Progressive Unionist Party

• That the following organisations should be amongst ‘possible witnesses’ to be called to give oral evidence:

Northern Ireland Human Rights Commission Public Prosecution Service
Committee on the Administration of Justice Criminal Justice Inspection NI

• That the Committee will consider inviting the following organisations for oral evidence at a later date:

Department for Social Justice Police Service of Northern Ireland
Garda Siochana

12:20pm Carál Ní Chuilín left the meeting

6.4 Other Issues

The Committee discussed the question of ‘Confidence’.

Agreed:

• That the Clerk should obtain the forward timetable of reports by the Independent Monitoring Commission.
• That it may be necessary to invite the Chief Constable to appear before the Committee in the latter stages of the Inquiry.

1:00pm Alan McFarland left the meeting

The Chairperson adjourned the meeting at 1.02 pm.

[EXTRACT]

Tuesday, 25 September 2007
Room 144, Parliament Buildings

Present:
Rt Hon Jeffrey Donaldson, MP (Chairperson)
Mr Raymond McCartney (Deputy Chairperson)
Mr Alex Attwood
Mr Nelson McCausland
Mr Ian McCrea
Mr Alan McFarland
Mr John O’Dowd
Mr George Robinson

In Attendance:
Mr Stephen Graham (Assembly Clerk)
Ms Sinead Nash (Assistant Clerk)
Mr Keith McBride (Clerical Supervisor)
Ms Lynn Gray (Clerical Officer)

Apologies:
Ms Carál Ní Chuilín
Mr Danny Kennedy

The meeting opened at 10:30am in public session.

1. Apologies

Apologies are detailed above.

4. Chairperson’s Business

4.2 Evidence session with the Lord Chief Justice

Members noted the letter received from the Lord Chief Justice stating that he wished to confine his oral evidence to matters relating to the structure of the Court Service and issues around the judiciary.

Agreed:

• That a copy of the letter from the Lord Chief Justice will be circulated to all Members.

4.3 Arrangements for publishing transcripts of evidence

Members discussed the publication of oral evidence.

Agreed: That the corrected version of the Hansard transcripts will be published following each evidence session (including the briefing session with NIO held on 3 July 2007).

4.4 Written submissions: availability of written submissions

Members discussed the matter of making written submissions available in the public gallery.

Agreed: That written submissions from witnesses appearing before the Committee will be made available to those seated in the public gallery.

Alex Attwood joined the meeting: 10:45am

5. Inquiry into the devolution of policing and justice

The following interests were declared:

Jeffrey Donaldson:

• Member, Her Majesty’s Privy Council
• Member, Northern Ireland Policing Board

George Robinson:

• Member, Limavady District Policing Partnership

Ian McCrea:

• Member, Cookstown District Policing Partnership.

Oral evidence from the Northern Ireland Court Service

Members heard oral evidence from Northern Ireland Court Service officials –

David Lavery (Director), Laurene McAlpine (Policy), Jacqui Durkin (Operations) and Siobhan Broderick (Tribunal Reform). The session was recorded by Hansard.

6. Timetable for future oral evidence sessions

Members noted the current timetable of reporting for the Independent Monitoring Commission as follows:

• Report on Normalisation published on Monday 17 September.
• Next report on Paramilitaries due mid October.
• That based on a 6 monthly reporting cycle, the next report on Paramilitaries is due in April 2008.

Agreed: That the Committee may call the Chief Constable to give evidence in the latter stages of the Inquiry.

Ian McCrea left the meeting at 12:09pm

6.1 Inquiry Timetable

Members noted the proposed timetable for future oral evidence sessions, in particular, the oral evidence session with the Progressive Unionist Party on 16 October. Members noted that the Committee is awaiting a response from the Alliance Party to give evidence on 16 October.

Members discussed the possibility of calling the Public Prosecution Service to give evidence on 16 October.

Agreed: To write to the Public Prosecution Service inviting them to give evidence on 16 October.

6.2 Views from the four main parties

Members discussed the arrangements for hearing the views of political parties.

Agreed:

• To hear oral evidence from the Progressive Unionist Party and the Alliance Party on 16 October with sessions limited to 45minutes.
• That the parties represented on the Committee will discuss each of terms of reference of the Inquiry at future Committee meetings as follows:
• 9 October: Matters to be transferred.
• 23 October: Ministerial models.
• 6 November: Timing and preparations for devolution.
• That Committee meetings on 9 and 23 October and 6 November should take place in open session in Room 144 (but that the Senate Chamber will be reserved if it proved necessary to re-locate because of demand for space in the public gallery).

Ian McCrea returned to the meeting 12:14

Alan McFarland left the meeting 12:15

6.3 Request for further information

Members reflected on the evidence given by the Northern Ireland Court Service.

Agreed: That the Clerk write to the Northern Ireland Office to request the following information:

• An outline of the existing structure for policing and justice (to include details of the governance and accountability relationships which the various policing and justice organisations have with the NIO and the Secretary of State for Northern Ireland).
• A description of the departmental model to which the NIO is currently working and which highlights how, and to what extent, this differs from the existing structure referred to above (to include details of any plans to dismantle or merge existing policing, or justice, organisations).
• An outline of the governance and accountability arrangements which might apply between any new department and the various policing and justice organisations.
• Details of each of the work-streams which the Northern Ireland Office is currently undertaking in relation to the devolution of policing and justice functions, the timeframe for the completion of each work-stream, the progress made to date, and the extent to which the work remains on target or is behind schedule.
• Details of the existing budgets for all aspects of policing and justice (to include NIO costs), an indication of the budgetary allocations proposed for any new devolved structure and the overall ‘financial architecture’ being developed by the NIO for that structure.

6.4 Models

Members discussed the need for information on the existing/proposed models for Scotland and the Republic of Ireland.

Agreed:

• That the Secretary of State’s letter of 28 December 2006 should be re-circulated to Members.
• That a research paper should be commissioned on the non-ministerial Irish Court Service model and the existing/proposed models for Scotland.
• That SOCA and the Security Services be invited to make written submissions to the Inquiry.
• That the Clerk should liaise with Mr Attwood regarding the terms of the letters to SOCA and the Security Services.

Members discussed the need for a written submission from OFMdFM.

Agreed: That the Clerk will communicate with Officials from OFMdFM to say that the Committee would find it helpful if any submission from the First Minister and deputy First Minister, on the devolution of policing and justice matters, dealt, at least, with any discussions that OFMdFM has had with the NIO, or arrangements which that Department might be making, regarding the following matters:

• Appointing the Attorney General.
• Making Judicial and Tribunal appointments.
• Sponsorship of the Judicial Appointments Commission and the Judicial Appointments Ombudsman.

7. Research Paper on Serious Organised Crime Agency

Members noted the research paper on the role of SOCA.

The Chairperson adjourned the meeting at 1.02 pm.

[EXTRACT]

Tuesday, 2 October 2007
The Senate Chamber, Parliament Buildings

Present:
Rt Hon Jeffrey Donaldson, MP (Chairperson)
Mr Raymond McCartney (Deputy Chairperson)
Mr Alex Attwood
Mr Danny Kennedy
Mr Nelson McCausland
Mr Ian McCrea
Mr Alan McFarland
Ms Carál Ní Chuilín
Mr John O’Dowd
Mr George Robinson

In Attendance:
Mr Stephen Graham (Assembly Clerk)
Ms Sinead Nash (Assistant Clerk)
Mr Keith McBride (Clerical Supervisor)
Mr John Lunny (Clerical Officer)

Apologies: Mrs Carmel Hanna

The meeting opened at 10:30am in public session.

1. Apologies

Apologies are detailed above.

10.40am Ian McCrea joined the meeting

4. Chairperson’s Business

Options for departmental/ministerial model

Members noted the terms of the Secretary of State’s letter of 28 December 2006 about ‘Ministerial Models’ and the associated briefing paper which summarises the various legislative options.

Members noted that the issue of ‘Ministerial Models’ is due to be discussed at 23 October meeting.

5. Inquiry into the devolution of policing and justice

The following interests were declared:

Jeffrey Donaldson:

• Member, Her Majesty’s Privy Council
• Member, Northern Ireland Policing Board

George Robinson:

• Member, Limavady District Policing Partnership

Ian McCrea:

• Member, Cookstown District Policing Partnership.

Oral evidence from the Northern Ireland Court Service

Members heard oral evidence from the Lord Chief Justice and his officials, Alison Houston and Simon Rogers. The session was recorded by Hansard.

10.47am Alex Attwood joined the meeting

10.55am Danny Kennedy joined the meeting

11.25am Alex Attwood left the meeting

Oral evidence session with the Northern Ireland Policing Board

Members heard oral evidence from the Chairman of the Northern Ireland Policing Board Professor Desmond Rea, Vice Chairman Barry Gilligan and Chief Executive Trevor Reaney.

12:04pm Meeting suspended due to division in the Chamber

12:20 Meeting reconvened with the following Members present:

Rt Hon Jeffrey Donaldson MP, Mr Raymond McCartney, Mr Alex Attwood, Mr Danny Kennedy,
Mr Nelson McCausland, Mr Alan McFarland, Mr John O’Dowd, Mr George Robinson

12:28 Ian McCrea joined the meeting

6. Further Written submissions received

Members noted that further written submissions had been received from:

• The Minister for Justice, Equality and Law Reform (Republic of Ireland)
• The Equality Commission
• The Law Society of Northern Ireland
• Robert McCartney Justice Campaign
• The Irish Congress of Trade Unions

Members also noted that submissions were expected from the Bar Library and the Office of the Cabinet Secretary of Justice for Scotland.

Agreed:

• To accept the latest written submissions and those expected from the Bar Library and the Office of the Cabinet Secretary of Justice for Scotland.
• That a briefing paper be prepared on the existing arrangements for cross border co-operation between the authorities in the Republic of Ireland and the NIO, the impact of devolution on these arrangements and any protocols that would need to be put in place to ensure continued co-operation on policing and justice matters.
• That the questions prepared for the Secretary of State’s evidence session will be revised to incorporate the issues arising from today’s sessions with the Lord Chief Justice and the Policing Board.

The Chairperson adjourned the meeting at 1.00 pm.

[EXTRACT]

Wednesday, 3 October 2007
The Senate Chamber, Parliament Buildings

Present:
Rt Hon Jeffrey Donaldson, MP (Chairperson)
Mr Raymond McCartney (Deputy Chairperson)
Mr Alex Attwood
Mr Nelson McCausland
Mr Ian McCrea
Mr Alan McFarland
Ms Carál Ní Chuilín

In Attendance:
Mrs Debbie Pritchard (Principal Clerk)
Mr Stephen Graham (Assembly Clerk)
Ms Sinead Nash (Assistant Clerk)
Mr Keith McBride (Clerical Supervisor)
Ms Lynn Gray (Clerical Officer)

Apologies:
Mrs Carmel Hanna
Mr John O’Dowd
Mr George Robinson

The meeting opened at 10:30am in public session.

1. Apologies

Apologies are detailed above.

2. Inquiry into devolution of policing and justice matters

The following interests were declared:

Jeffrey Donaldson:

• Member, Her Majesty’s Privy Council
• Member, Northern Ireland Policing Board

Ian McCrea:

• Member, Cookstown District Policing Partnership.

Oral evidence with the Secretary of State for Northern Ireland, Mr Shaun Woodward

Members heard oral evidence from the Secretary of State and NIO officials, Clare Salters and Peter May. The session was recorded by Hansard.

Agreed: That the Clerk write to the Secretary of State to request a written response on the following:

• Matters relating to the budgetary allocations for any devolved Department of Policing and Justice.
• Issues about communication between any new Department, the Security Services, the Serious Organised Crime Agency and the NIO.
• Any outstanding questions (from the prepared list) which had not been posed during the oral evidence session.

11.30am Alex Attwood left the meeting

The Chairperson adjourned the meeting at 11.34am

[EXTRACT]

Tuesday, 9 October 2007
Room 144, Parliament Buildings

Present:
Rt Hon Jeffrey Donaldson, MP (Chairperson)
Mr Raymond McCartney (Deputy Chairperson)
Mr Alex Attwood
Mrs Carmel Hanna
Mr Danny Kennedy
Mr Ian McCrea
Mr Alan McFarland
Ms Carál Ní Chuilín
Mr George Robinson

In Attendance:
Mrs Debbie Pritchard (Principal Clerk)
Mr Stephen Graham (Assembly Clerk)
Ms Sinead Nash (Assistant Clerk)
Mr Keith McBride (Clerical Supervisor)
Ms Lynn Gray (Clerical Officer)

Apologies:
Mr Nelson McCausland

The meeting opened at 11:00am in public session.

1. Apologies

Apologies are detailed above.

11:04am Carál Ní Chuilín joined the meeting

11:08am Alan McFarland joined the meeting

11:12am Carmel Hanna and Alex Attwood joined the meeting

3. Matters arising

3.3 Oral evidence with the Secretary of State

Members noted that a comprehensive letter has been sent to the Secretary of State’s office covering the matters which were not addressed at the evidence session.

Agreed: That a copy of this letter will be issued to all Members.

4. Chairperson’s Business

4.1 Northern Ireland Court Service

Members noted the letter of thanks received from the Director of the Court Service, Mr David Lavery.

Members noted that additional information on ‘departmental models’ has been received from the Court Service and the office of the Lord Chief Justice.

Agreed: This material will be summarised and issued to the Committee prior to the discussion planned for 23 October.

5. Inquiry into the devolution of policing and justice

The following interests were declared:

Jeffrey Donaldson:

• Member, Her Majesty’s Privy Council
• Member, Northern Ireland Policing Board

George Robinson:

• Member, Limavady District Policing Partnership

Ian McCrea:

• Member, Cookstown District Policing Partnership

Identification of Policing and Justice matters which are currently reserved matters

This session was recorded by Hansard.

Members discussed which Policing and Justice matters are currently reserved matters.

Agreed: That the matters specified in the Northern Ireland Office (NIO) Discussion Document (February 2006) be regarded as the Policing and Justice matters which are currently ‘reserved’ matters.

Matters to be transferred

Members proceeded to discuss the matters to be transferred according to the categories detailed in the NIO Discussion Document (February 2006).

Members noted there is currently no provision in the Northern Ireland Act 1998 under which the Assembly could request the transfer of an ‘excepted’ matter.

Members also noted that the Committee awaits a response from the NIO, SOCA and the Security Services with regard to the issue of accountability and lines of communication.

Agreed: That the matters on which consensus had been reached during the deliberations of the Committee on the Programme for Government should be transferred.

Members then proceeded to discuss, in turn, those matters on which no consensus had been reached during the deliberations of the Committee on the Programme for Government.

Criminal Law and Creation of Offences and Penalties

(Para 9(a) & (b) Schedule 3 to the Northern Ireland Act 1998)

Agreed:

• That the matters described in the Northern Ireland Office Discussion Document (February 2006) should be transferred.
• There were diverse opinions about the transfer of those matters which are ‘excepted’ and there was no consensus on seeking an amendment to the Northern Ireland Act 1998 to allow for a request to be made by the Assembly for the transfer of these ‘excepted’ matters.

Prevention and Detection of Crime

(Para 9(c) Schedule 3 to the Northern Ireland Act 1998)

Agreed:

• That the matters described in the Northern Ireland Office Discussion Document (February 2006) should be transferred.
• There were diverse opinions about the transfer of those matters which are ‘excepted’ and there was no consensus on seeking an amendment to the Northern Ireland Act 1998 to allow for a request to be made by the Assembly for the transfer of these ‘excepted’ matters.

11:48am Carál Ní Chuilín left the meeting

Treatment of Offenders

(Para 9(e) Schedule 3 to the Northern Ireland Act 1998)

Agreed:

• That the matters described in the Northern Ireland Office Discussion Document (February 2006) should be transferred.
• There were diverse opinions about the transfer of those matters which are ‘excepted’ and there was no consensus on seeking an amendment to the Northern Ireland Act 1998 to allow for a request to be made by the Assembly for the transfer of these ‘excepted’ matters.

Public Order

(Para 10 Schedule 3 to the Northern Ireland Act 1998)

Agreed:

• That the matters described in the Northern Ireland Office Discussion Document (February 2006) should be transferred, subject to further work on the Parades Commission and 50:50 recruitment to the PSNI.
• There were diverse opinions about the transfer of those matters which are ‘excepted’ and there was no consensus on seeking an amendment to the Northern Ireland Act 1998 to allow for a request to be made by the Assembly for the transfer of these ‘excepted’ matters.
• That the Clerk will prepare a briefing paper on indicative models and safeguard mechanisms in relation to handling of issues such as the Parades Commission and 50:50 recruitment to the PSNI, and that these issues would then be considered further.
• That the Clerk will clarify whether future powers of the army to support the police are part of the Public Order (Northern Ireland) Order 1987 or the Terrorism Act 2000, and whether these will be repealed as part of the normalisation process.

The Police and the Policing Accountability Framework

(Para 11 Schedule 3 to the Northern Ireland Act 1998)

Agreed:

• That the matters described in the Northern Ireland Office Discussion Document (February 2006) should be transferred.
• There were diverse opinions about the transfer of those matters which are ‘excepted’ and there was no consensus on seeking an amendment to the Northern Ireland Act 1998 to allow for a request to be made by the Assembly for the transfer of these ‘excepted’ matters.

Co-operation between the PSNI and the Garda Siochána in relation to a specific series of matters

(Para 11 Schedule 3 to the Northern Ireland Act 1998)

Agreed:

• That, in principle, the matters described in the Northern Ireland Office Discussion Document (February 2006) should be transferred, subject to confirmation that the list of matters set out in the NIO Discussion document accords with the list of matters to be transferred in the Miscellaneous Provisions Act 2006.
• There were diverse opinions about the transfer of those matters which are ‘excepted’ and there was no consensus on seeking an amendment to the Northern Ireland Act 1998 to allow for a request to be made by the Assembly for the transfer of these ‘excepted’ matters.
• That information on existing and proposed arrangements for co-operation would be reviewed by the Committee at a later date.

Firearms and explosives

(Para 12 of Schedule 3 to the Northern Ireland Act 1998)

Agreed:

• That the matters described in the Northern Ireland Office Discussion Document with regard to responsibility for ‘explosives’ should be transferred.
• The DUP and UUP will each clarify their position on the devolution of legislative and administrative responsibility for ‘firearms’ at the next meeting.

The Courts

(Paras 14A, 15 and 17 of Schedule 3 to the Northern Ireland Act 1998)

Agreed:

• That the matters described in the Northern Ireland Office Discussion Document (February 2006) should be transferred.
• There were diverse opinions about the transfer of those matters which are ‘excepted’ and there was no consensus on seeking an amendment to the Northern Ireland Act 1998 to allow for a request to be made by the Assembly for the transfer of these ‘excepted’ matters.

The Chairperson adjourned the meeting at 1.02 pm.

[EXTRACT]

Tuesday, 16 October 2007
The Senate Chamber, Parliament Buildings

Present:
Rt Hon Jeffrey Donaldson, MP (Chairperson)
Mr Raymond McCartney (Deputy Chairperson)
Mr Alex Attwood
Mrs Carmel Hanna
Mr Danny Ke