Minutes of Proceedings

Session: 2006/2007

Date: 22 May 2007

Venue: Room 144

The meeting opened at 11.02am in Public Session

1. Apologies

Apologies are detailed above.

2. Membership

Members noted details of the membership of the Committee; the Chairperson introduced the Committee staff and drew attention to the contact details.

3. Procedures

The Chairperson drew attention to papers relating to the powers and operation of Standing and Ad-Hoc Committees for chairpersons and members.

The Chairperson advised members that

"Under Section 50 of the Northern Ireland Act 1998, for the purposes of the law of defamation absolute privilege applies equally to:

- the making of a statement in proceedings of the Assembly; and

- the publication of a statement under the Assembly's authority.

The term "proceedings of the Assembly" includes the work of committees. Written and oral evidence taken by committees, therefore, attracts the same privilege as any other proceedings in the Assembly. Any statement given by a witness to a committee as part of its proceedings, whether in oral or in written form, is covered by privilege."

Members were advised that privilege does not extend to press conferences or statements made to the press.

The Chairperson also advised members that

"Sub-judice falls under Standing Order 68 of the Standing Orders for the NI Assembly prepared by the Secretary of State in accordance with paragraph 5(4) of Schedule 1 to the Northern Ireland (St Andrews Agreement) Act 2006. Sub-judice applies from when a criminal charge (or charges) is brought, or from when notice of an appeal is lodged to the time that the verdict and sentence have been announced, or from when a civil action is listed for trial until judgement is given. In such cases, the matter awaiting adjudication should not be prejudiced by comment in a public session of a committee meeting.

These rules are summarised under paragraph 41 and 42 of the Guide to the Powers and Operation of Standing and Ad Hoc Committees for Chairpersons and Members."

The Chairperson drew attention to papers relating to the role of the Chairperson and the functions of the Committee Office.The Clerk outlined the role and responsibilities of the Committee Office and the services available to Committee members.

The Chairperson drew attention to papers relating to the role of Research and Library Services and Dr Peter Gilleece, Research and Library Services gave a short presentation.

4. Declaration of Interests

The Clerk drew attention to papers recording the Declaration of Members' Interests.

The Clerk mentioned two additional entries to the Chairperson's declaration, namely his membership of the Northern Ireland Policing Board and membership of Her Majesty's Privy Council.

The Chairperson asked if any member had any further interests to declare.

Mr Ian McCrea advised he would forward further interests to the committee staff after the meeting.

Mr George Robinson stated he was a member of the Limavady District Policing Partnership.

Mr Alan McFarland declared he was a Trustee of the Somme Association.

Mrs Carmel Hanna stated she was a member of Belfast City Council.

Agreed: The interests declared by members as amended would be appended to the minutes of proceedings – see Appendix 1.

5. Legislative Scope of the Committee

The Clerk drew attention to a series of papers relating to the legislative scope of the Committee and provided a short explanation of the legislative obligations facing the Committee.

6. Key Dates

The Chairperson drew attention to the key dates likely to be of interest to the Committee.

7. Committee priorities and work programme

The Chairperson explained that he and the Deputy Chairperson met with the First Minister and deputy First Minister on 21 May and that the discussion had centred on the legislative obligations on the Committee, the relationship the Committee may have with OFMdFM and the potential for overlap, for example, between the Committee and any Efficiency Review Panel which may be established by OFMdFM.

The Chairperson informed members that he had been assured by the First Minister and deputy First Minister that the Committee would be consulted about the Terms of Reference, role, remit and membership of the Efficiency Review Panel, that there would be regular engagement with the Committee on this issue and that it would be the link between the Executive and the Assembly in relation to this matter.

The Chairperson also reported that the First Minister and deputy First Minister acknowledged that it may not be appropriate for their offices, or the Efficiency Review Panel, to consider the size of membership of the Assembly and that this was, more properly, a matter for the Committee.

Agreed: That representatives from each of the 4 political parties represented on the Committee should be present at any future meetings with the First Minister and deputy First Minister and that Mr Danny Kennedy and Mr Alex Attwood would be invited to accompany the Chairperson and Deputy Chairperson to any future meetings with the First Minister and deputy First Minister.

The Chairperson drew attention to papers relating to a potential future work programme. Members acknowledged the scope for overlap and/or duplication with the work programme of the Committee on Procedures, particularly in relation to;

(a) the number of members appointed to, and the quorum for, Statutory, Standing and Ad-Hoc Committees; and

(b) voting systems.

Agreed: The Chairperson and Deputy Chairperson to meet their counterparts on the Committee on Procedures, to discuss potential areas of overlap and to report back to the Committee.

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;

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.

The Chairperson highlighted references to "multiple mandates" in the work programme and members recalled that the issue had been discussed by the Committee on the Preparation for Government and the Committee on the Programme for Government.

Agreed: That the Clerk would provide members with relevant extracts from the reports by the Committee on the Preparation for Government and the Committee on the Programme for Government.

That matters relating to the Civic Forum were an issue for the Committee of the Centre.

That research would be requested on the issue of dual/multiple mandates.

That the Clerk would present a revised version of the forward work programme to the next meeting of the Committee.

8. Correspondence

Agreed: That the letter from Children in Northern Ireland would be acknowledged by the Clerk on the basis that it is not particularly relevant to the work of this Committee.

9. Draft Press Release

The Committee considered and agreed a press release.

10. Any other business

None

11. Next Meeting

The next meeting would be 11.00am on Tuesday, 12 June 2007 in Room 144, Parliament Buildings, with a further meeting to be held on 3 July.

Agreed: The Committee to review the regularity of its meetings immediately after the summer recess.

12.54pm the Chairperson adjourned the meeting.

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Rt Hon Mr Jeffrey Donaldson MP

Chairperson

Assembly and Executive Review Committee