Minutes of Proceedings

ASSEMBLY AND EXECUTIVE REVIEW COMMITTEE

Minutes of Proceedings

TUESDAY, 11 December 2007
Room 144, PARLIAMENT BUILDINGS

Present: Rt Hon Jeffrey Donaldson, MP (Chairperson) 
Mr Alex Attwood 
Mrs Carmel Hanna 
Mr Ian McCrea 
Mr Alan McFarland 
Ms Carál Ní Chuilín 
Mr John O’Dowd

In Attendance: Mr Stephen Graham (Assembly Clerk) 
Ms Sinead Nash (Assistant Clerk)
Mr Michael Johnston (Clerical Officer) 
Mr John Lunny (Clerical Officer)

Apologies: Mr Raymond McCartney (Deputy Chairperson) 
Mr George Robinson

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

1. Apologies

Apologies are detailed above.

2. Draft Minutes of Proceedings of meeting held on 27 November 2007

Agreed: The Committee agreed the minutes of the meeting held on 27 November 2007.

3. Chairperson’s Business

3.1 Expert Witnesses

Members noted that Sir Ron De Witt will be unable to provide advice to the Committee due to his imminent departure from the post of Chief Executive of HM Court Service (HMCS).

Members noted that Lord Justice Thomas, a former member of the management board of HMCS, will confirm by the end of the week whether he might be able to assist the Committee.

The Clerk drew attention to the October 2007 Judiciary paper on ‘accountability’, as recommended by Lord Thomas.

Agreed :

• That a paper be prepared which summarises the Judiciary paper on ‘accountability’ in time for next week’s meeting.
• That the Clerk will source any relevant papers by Professor Bogdanor which are referenced in the Judiciary paper for inclusion in next week’s papers.

3.2 NI Affairs Committee

Members noted that the NI Affairs Committee will be in Northern Ireland on Wednesday 16 and Thursday 17 January and have suggested that this may be an opportunity to meet with the Committee.

Agreed: That a meeting, in private, will be scheduled with the NI Affairs Committee for Thursday 17 January from 1pm -2pm.

11:10 Carmel Hanna joined the meeting

4. Matters Arising

4.1 Criminal Justice Inspectorate

Members noted the letter received from the CJI providing clarification on the agenda for 17 January stakeholder conference and the contribution expected from the Committee.

Agreed:

• That the Committee considers it would not be appropriate for the Chairperson to address the conference before the recommendations of the ‘Inquiry into the devolution of policing and justice’ have been considered by the Assembly.
• That Members of the Committee would seek to avoid attending the conference, given the sensitive stage which may have been reached in the deliberations of the Committee.
• That, instead, Committee Members would encourage their respective parties to send representatives to the conference.
• That Committee Members would encourage party colleagues, who might be representatives at the conference, to refrain from speculating about the potential content of the Committee’s report.
• That the Clerk should advise Kit Chivers accordingly, in writing.

11:20 Alex Attwood Joined the meeting

11:24 Meeting suspended for equipment check

11:26 Meeting reconvened

4.2 Update on Review of Public Administration

Members noted the update from the Committee for the Office of the First Minister and deputy First Minister on the RPA and the confirmation that the final decisions on the RPA are expected early next year.

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

Ian McCrea:

• Member, Cookstown District Policing Partnership

This session was recorded by Hansard.

5.1 Matters to be transferred

Members discussed two of the outstanding matters to be dealt with in relation to the ‘matters to be transferred’.

• Future powers of the army to operate in support of the police

Members noted the 5 December NIO letter providing clarification on the ‘future powers of the army to operate in support of the police’.

Members noted that further clarification has been sought from the NIO regarding the exact nature of the powers that will transfer to Northern Ireland following devolution.

Agreed: That the Committee will await further clarification from the NIO before seeking to establish whether there is consensus with regard to the transfer, or otherwise, of these matters.

5.1.2 Powers relating to the misuse of drugs

Members noted the 6 December letter from the NIO providing clarification on the responsibility for powers relating to the misuse of drugs.

Members noted that the majority of functions under the Misuse of Drugs Act 1971 are already exercised by the DHSSPS insofar as they relate to Northern Ireland.

Agreed: That the Committee accepts the arrangements for powers relating to the Misuse of Drugs, as described by the NIO, but without prejudice to any role or responsibility that might exist for the Department of Health, Social Services and Public Safety or the Committee for Health, Social Services and Public Safety.

6. Departmental structure

6.1 Party Papers

Members noted that a preparation pack was distributed on 7 November to assist parties in preparing papers on the governance and accountability issues raised in recent research papers.

Agreed:

• That the party papers will be submitted to the Committee office by noon on 9 January for discussion at the Committee meeting scheduled for 15 January.

7. Any Other Business

Members discussed the need for further consultation with the NIO before final deliberations with regard to devolution of policing and justice can take place.

Agreed:

• That the Clerk write to the NIO to invite relevant officials to attend the Committee meeting on 8 January.
• That the matters to be discussed with the NIO should include the progress of preparations for the devolution of policing and justice, and the status of existing concordats and memoranda of understanding including those dealing with relationships with authorities in the Republic of Ireland.
• That the Chairperson will liaise with the Clerk in deciding whether or not to table a question in the House of Commons regarding the status of the North/South Justice Agreement.
• Draft Press Release

Members agreed the draft press release.

8. Date, time and place of next meeting

The next meeting will be held on Tuesday, 18 December at 11.00am in Room 144, Parliament Buildings and will include a light lunch.

The Chairperson adjourned the meeting at 11:42.

RT HON JEFFREY DONALDSON, MP
Chairperson, Assembly and Executive Review Committee

18 December 2007.