Minutes of Proceedings - 13 November 2001

Present:
Mr Kieran McCarthy MLA, Deputy Chairperson
Mr Billy Bell MLA
Mr Alban Maginness MLA
Mr Gerry McHugh MLA
Prof. Monica McWilliams MLA
Dr Dara O'Hagan MLA
Mr Ken Robinson MLA

Attendees:
Mr Tony Logue, Committee Clerk
Mr Damien McVeigh
Mr Hugh Widdis

2.15pm the meeting opened in private session-Mr McCarthy in the Chair.

1. Apologies

No apologies were received.

2. Draft Minutes of Proceedings

Resolved, that the draft Minutes of Proceedings for Tuesday, 6 November 2001 be agreed.

3. Matters arising

Members noted a briefing paper, provided by Research & Library Services, on the definition of mental injury under the proposed compensation Scheme. The Committee agreed that the wider definition was welcome and that the Committee's Report should reflect that.

4. Correspondence

Members noted a written response from Victim Support Northern Ireland (VSNI) regarding their position on the proposed formula for compensating minor multiple injuries. The Committee welcomed that VSNI had accepted the Committee's view that the proposed formula was not fair.

Resolved, that the response be appended to the Committee's Report.

5. Draft Report on the Committee's Proceedings

Members noted a draft Report on the proceedings of the Committee tabled at the meeting. Prof. McWilliams proposed that the Committee should focus on the Committee's comments and recommendations, having considered a first draft at the Committee's previous meeting.

Resolved, that the Committee approves sections one through three.

Members considered Section 4 - Committee's consideration of the proposals.

Paragraphs 65 - 67 read and agreed.

Recommendation 1 read and agreed.

Paragraph 68, Prof. McWilliams proposed that the Committee's comments, discussed under matters arising, should be appended to paragraph 68. This amendment wasagreed.

Recommendation 2 read and agreed.

Paragraph 69, Mr Maginness proposed that the word 'ability' be replaced by 'capacity'. This amendment was agreed.

Paragraph 70, Prof. McWilliams proposed that the words 'who said' be replaced by 'which stated'. This amendment was agreed.

Paragraph 71, Mr Bell proposed that the word 'ability' be replaced by 'capacity'. This amendment was agreed.

Paragraphs 72 read and agreed.

Recommendation 3 read and agreed.

2.37pm Prof. McWilliams left the meeting.

Recommendation 4, Mr Robinson proposed that the word 'appropriate' be replaced by 'increasingly pro-active'. This amendment was agreed.

Paragraphs 73 read and agreed.

Paragraph 74, Dr O'Hagan proposed that reference should be made to the Sentences Act 1998; the NI Human Rights Commission's comments in their consultation on a Bill of Rights for Northern Ireland; and the Equality Commission for Northern Ireland's comments highlighted in their comments on the Single Equality Bill. Following debate, it was agreed that footnote would be added.

Recommendation 5 read and agreed.

Paragraphs 75 read and agreed.

Recommendation 6 read and agreed.

Paragraphs 76 - 79, Mr Maginness proposed that these paragraphs be broadened to include the following issues:

• the principle that individual pain and suffering should be compensated on an individual basis;

• the fact that the values listed in the proposed Tariff are at variance with current Northern Ireland averages and the "Green Book" guidelines; and

• the uncertainty, complexity, and frustration that may arise from the adoption of the proposed Tariff banding.

Following debate, it was agreed that the Committee's Report should highlight these issues.

Recommendations 7 and 8 read and agreed.

Paragraphs 80 - 84 read and agreed.

Following further deliberations, it was agreed that the Committee's Report should also refer to the views that had been expressed in relation to special expenses and deductions from awards.

Mr Maginness proposed that the Chair should have leave to approve the final amendments to the Committee's Report.

Resolved, that the Chair shall have leave to approve the Committee's Report.

6. Any other business

The Deputy Chairperson proposed that the Chair should have leave of the Committee to approve the Minutes of Evidence for 16 and 23 October and the Minutes of Proceedings for 13 November 2001.

Resolved, that the Chair shall have leave to approve the Minutes of Evidence and Proceedings.

7. Date and time of next meeting

The Committee agreed that it would not hold any further meetings.

3.03pm the Deputy Chairperson adjourned the meeting.

Mr Kieran McCarthy MLA
DEPUTY CHAIRPERSON
15 November 2001