Minutes of Proceedings - 05 December 2007

Present:

Ms Carál Ní Chuilín 
Dr Stephen Farry
Mr Alban Maginness 
Mr Raymond McCartney 
Mr Alan McFarland
Mr Jim Wells

Attendees:

Mr Kevin Shiels, Committee Clerk
Ms Roisin Fleetham, Assistant Clerk
Ms Linda Hare, Clerical Supervisor
Ms Jane Hanna, Clerical Officer 
Ms Claire Cassidy, Researcher
Ms Carol Doherty, Researcher
Ms Linda MacHugh, DSD Official
Mr Gary McAlorum, DSD Official

Apologies:

Mr Alex Attwood
Mr Danny Kennedy 
Mr Nelson McCausland
Mr John O’Dowd 
Mr Peter Weir

2.07pm the meeting opened in public session Mr Maginness in the Chair.

1. Apologies

The apologies were noted.

2. Minutes of last meeting

The Committee agreed the minutes of the meeting 28 November 2007. They will be published on the website.

3. Matters Arising

The Chair advised that a schedule of proposed future oral evidence sessions would be covered by the Clerk as a separate agenda item later. Mr Wells raised the issue that the Committee had asked NIO Officials to clarify issues relating to the Drinking in Public provisions within the draft Order. The Chair reminded Members that DSD Officials were present today to cover this subject matter.

4. Declaration of Interests

The Chairperson invited Members to declare any amended Declaration of Interests and forward it in writing to the Committee Clerk.

5. Briefing by Northern Ireland Assembly Researchers

The Chair introduced Assembly Researchers Ms Carol Doherty and Ms Claire Cassidy. They gave a presentation on the provisions of the draft Order and in particular highlighted issues of concern to the public which had been raised during the various consultation exercises that preceded publication of this draft Order. A question and answer session ensued. The Chair proposed and Members agreed to seek clarification from NIO on the following points:

• An explanation of which type of crime may attract a Life sentence, ICS or ECS tariff and the options available to courts in different circumstances.
• Clarification on what type of Supervised Activity Orders may be envisaged for Rules.
• Clarification on when remission may be granted, and who directs the process.
• Clarification on any offences which may relate to the passengers in a stolen (or run-around) vehicle.

The Chair proposed and Members agreed that the Clerk would invite representatives from the NI Prison Service to provide oral evidence, to seek clarification on the impact the proposed draft Order would have on the current Prison accommodation and population.

The Chair also asked the Clerk to seek some clarification around the provisions in Article 15 regarding mentally disordered offenders.

3.15pm Mr McCartney left the room.
3.17pm Mr McCartney re-entered the room.

6. Briefing by Department for Social Development

DSD Officials Ms Linda MacHugh and Mr Gary McAlorum joined the meeting at 3.20pm and gave a presentation on the Alcohol in Designated Public Places provisions contained in the Draft Order. Officials then answered questions from Members on the proposals.

3.40pm Ms Ní Chuilín left the meeting.

7. Responses to Press Notice

The Chair referred Members to a submission from Criminal Justice Inspection Northern Ireland (CJINI). Members agreed to invite the CJI to give evidence on 12 December 2007.

8. Briefing from Clerk on future evidence sessions

The Clerk referred to the table of proposed future evidence sessions involving the following organisations:

• Probation Board
• Chairperson of Life Sentence Review Commission
• Department of the Environment Road Safety Branch and PSNI (joint presentation on road traffic offences)
• NIACRO
• Human Rights Commission

The Chair informed Members that the Youth Justice Agency had declined the invitation to provide oral evidence, but the others listed had accepted the invitation. The Committee agreed to the schedule of oral evidence sessions at the Annex. Mr Farry suggested that as the organisations being invited were statutory bodies, the Committee should also take evidence from an organisation representing victims. The Chair proposed and Members agreed that the Clerk should invite Victim Support to give oral evidence.

9. Any other Business

The Chair informed members that NIO Officials had clarified the query relating to 135 days as set out in Article 20(2) of the draft Order. The advice was that the 135 days is the England and Wales base level for their equivalent release scheme. It has its origins in a minimum 18-month sentence that allowed "normal" release at the halfway point (9 months). The prisoner could still get conditioned early release on a curfew/tag halfway through that 9 month period, so could be eligible at 4 and a half months, or 135 days.

The NIO view is that they should consult on the same provisions as E&W and take public views as to the appropriateness of what appeared to be a reasonable period to serve before being considered for conditioned early release.

10. Date and time of next meeting

The Committee agreed that it would meet on Wednesday 12 December 2007 at 2pm in the Senate Chamber. Members agreed they would not meet on 3 January 2008.

Future meetings are as follows:

Tuesday 18 December 2pm Room 144
Wednesday 9 January 2pm Senate Chamber
Wednesday 16 January 2pm Senate Chamber

4.07pm the Chairperson adjourned the meeting.

Mr Alban Maginness MLA
Chairperson, Ad Hoc Committee
5 December 2007

Schedule of Future Meetings

To Note: Youth Justice Agency will not be giving oral evidence to the Committee.