Minutes of Proceedings - 14 October 2008

Present: 
Mr Peter Weir, Chairperson 
Mr Alban Maginness, Deputy Chairperson 
Mr Simon Hamilton 
Mr Danny Kennedy 
Mr Raymond McCartney 
Mr Declan O’Loan 
Mr David Simpson 
Mr Jimmy Spratt

Attendees:
Mr Kevin Shiels, Committee Clerk
Ms Aoibhinn Treanor, Clerk
Mr Lindsay Dundas, Clerical Officer

At 3.10 pm the meeting opened in public session.

  1. Apologies

Mr Simon Hamilton deputised for Mr Paisley.

  1. Draft minutes of the meeting held on 7 October 2008

Agreed —The draft minutes were agreed.

  1. Matters Arising

3.1 There were no matters arising.

  1. Responses to NIO’s Consultation

4.1 The Chairperson advised Members that responses to the NIO (from Lisburn Council and the DUP) had been copied to Members for information. No further responses had been received by the NIO as of 13 October 2008.

  1. Consideration of Draft Committee Report

5.1 The Chairperson referred Members to papers distributed in Members’ packs: a written submission provided by the SDLP, a response from the NIO to the concerns raised in legal advice to the Clerk re equality issues, and the draft Committee Report. He proposed that the Committee should discuss these during its consideration of the draft Report and that this be done in closed session.

Agreed — That the Committee would discuss the draft Report in closed session.

Mr Kennedy left the meeting at 3.13pm

In Closed Session

Mr McNarry joined the meeting at 3.15 pm

5.2 The Chairperson introduced the draft Report and proposed that Members approve the following sections :

Background to the Report — read and agreed.

Overview: Proposed draft Criminal Damage (Compensation) (Amendment) ( Northern Ireland) Order 2008 — read and agreed

Appendix 1: Relevant Legislation — read and agreed. 
Appendix 2: Minutes of Proceedings — read and agreed. 
Appendix 3: Minutes of Evidence — read and agreed. 
Appendix 4: List of Witnesses who presented oral evidence to the Committee — read and approved. 
Appendix 5: Written Submissions to the Committee — read and agreed.

5.3 Consideration of the Conclusions and Recommendations Section
Main Objective of the draft Order

Mr McCartney said that Sinn Féin was unable to support the legislation until a full equality impact assessment had been undertaken. Mr O’Loan stated that the SDLP was not convinced that the proposed amendment was the best method of addressing the issue and thought that the measure should be wider in its scope and application. He asked that the SDLP submission summarising their position be appended to the Committee Report.

Mr Maginness left the meeting at 3.26 pm.

After consideration it was agreed that the SDLP and Sinn Féin views should be reflected in the Committee Report under relevant subject headings, but that the majority decision was in favour of a broad welcome to the general objective..

Agreed: - that the Committee give a broad welcome to the general objective of the draft Order, but also reflect nuances of opinion in the Report

Mr O’Loan left the meeting at 3.33 pm.

Insurance Issues

Agreed — that the Report include a general commendation of the efforts of the industry in obtaining insurance for many community halls.

Mr O’Dowd joined the meeting at 3.35 pm.

“Sunset Clause”

Mr Maginness and Mr O’Loan rejoined the meeting at 3.38 pm.

The Committee discussed options around retention or removal of the sunset clause.

Division: Question put, that the “sunset clause” be retained.

Ayes: 
Mr Maginness 
Mr O’Dowd 
Mr McCartney 
Mr O’Loan

Noes: 
Mr Weir 
Mr Simpson 
Mr Spratt 
Mr Hamilton 
Mr McNarry

Agreed - that a recommendation be included that the “sunset clause” should be removed.

SDLP Submission

Mr Maginness proposed that the inclusion of the SDLP submission as an appendix to the Report be put to a vote.

Division: Question put, that the SDLP submission be appended to the Report.

Ayes: 
Mr Maginness 
Mr O’Dowd 
Mr McCartney 
Mr O’Loan

Noes: 
Mr Weir 
Mr Simpson 
Mr Spratt 
Mr Hamilton 
Mr McNarry

Agreed - that the SDLP submission should not be appended to the Report.

Resources

Agreed - that the Committee should acknowledge the assurance given by NIO officials re comprehensive spending review cover.

Dr Farry joined the meeting at 3.45 pm.

Equality Impact Screening of the Proposals

Mr Kennedy rejoined the meeting at 3.48 pm.

Mr Maskey joined the meeting at 3.54 pm.

After discussion around the equality issues the Chairperson proposed the following form of words for the Committee Report:

“The Committee notes that concerns have been raised as regards the adequacy of the equality screening that has been carried out. While the SDLP and Sinn Féin members believe that a full EQIA is needed, and the DUP, UUP and Alliance Party members believe that it may not be needed, the Committee recommends that the NIO must demonstrate and ensure that the draft legislation has been adequately and sufficiently equality proofed”.

Agreed — that a form of words on the above lines be included in the Committee Report.

Mr McNarry left the meeting at 4.00pm

Publicity to the Legislation when Introduced

Agreed — that the proposed draft recommendations re publicity be included in the Committee report.

5.4 Action on Draft Report

Agreed — that the Committee Clerk should take account of the Committee’s decisions to finalise the Report. A revised version should be circulated to Members on 15 October and any minor amendments or a “content” reply should be sent to the Clerk by close of play on 16 October.

Agreed - Committee Report ordered to be printed (on 17 October).

Agreed — that the Motion proposed by the Chairperson be tabled in the Business Office for the plenary debate on 4 November.

Agreed — that the witnesses be notified of the date and indicative timing of the debate.

  1. Any Other Business

Dr Farry mentioned the impact of the legislation on existing hate crimes provisions. It was agreed that related issues such as this could be mentioned during the plenary debate on the Committee’s Report on 4 November but were not appropriate for coverage in the Report.

Agreed - that the Chairperson should sign off the minutes of the meeting on behalf of the Committee to allow them to be included in the printed report.

4.20 pm The Chairperson adjourned the meeting..

Mr Peter Weir MLA
Chairperson, Ad Hoc Committee
October 2008

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