Minutes of Proceedings

Session: 2007/2008

Date: 12 February 2008

Venue: Room 144

The meeting opened at 10.40am in public session.

1. Apologies

No apologies received.

2. Draft Minutes of Proceedings of meeting held on 5 and 7 January 2008

Agreed: The Committee agreed the minutes of the meetings held on 5 and 7 January 2008.

10.42am the meeting was held in private session

3. Inquiry into the Devolution of Policing and Justice

The session was recorded by Hansard.

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

3.1 Name of any new Department

Members discussed the options for the name of any new Department

10.51am Danny Kennedy joined the meeting

Agreed:

  • That, for the purpose of the report, the name will be ‘the Department’.
  • That ‘the Department’ will be defined as ‘the Department that will exercise powers in relation to policing and justice matters’.
  • That the naming of the report will be included as a matter to be resolved by the Assembly prior to devolution.

3.2 Structure and accountability / Party position papers

Members discussed a number of outstanding matters relating to the structure and accountability of policing and justice organisations.

11.47am Danny Kenny left the meeting
12.12pm Ian McCrea left the meeting
12.16 Ian McCrea joined the meeting

3.3 Matters to be transferred

3.3.1 Firearms and Explosives

Members discussed the proposals relating to the transfer of responsibility for firearms and explosives as set out in the covering commentary of draft legislation provided by the NIO in February 2008.

Agreed:

  • That the matters described in the covering commentary of draft legislation provided by the NIO in February 2008 should be transferred.
  • There were diverse opinions about the transfer of those matters which are ‘excepted’ and there was no consensus on seeking an amendment to the Northern Ireland Act 1998 to allow for a request to be made by the Assembly for the transfer of these ‘excepted’ matters.

3.3.2 Misuse of Drugs

Members discussed the proposals relating to the transfer of responsibility for the misuse of drugs as set out in the covering commentary of draft legislation provided by the NIO in February 2008.

Agreed:

  • That the reserved matters described in the covering commentary of draft legislation provided by the NIO in February 2008 should be transferred.
  • There were diverse opinions about the transfer of those matters which are ‘excepted’ and there was no consensus on seeking an amendment to the Northern Ireland Act 1998 to allow for a request to be made by the Assembly for the transfer of these ‘excepted’ matters.

3.3.4 Excepted Matters (Extradition and Mutual Legal Assistance)

Members discussed the proposals relating to the responsibility for administrative arrangements relating to ‘extradition and mutual legal assistance’ in the covering commentary of draft legislation provided by the NIO in February 2008.

Agreed:

  • That the matters described in the covering commentary of draft legislation provided by the NIO in February 2008 relating to some administrative arrangements for ‘extradition and mutual legal assistance’ should be exercised by the Northern Ireland Minister/s.
  • There were diverse opinions about the transfer of those matters which are ‘excepted’ and there was no consensus on seeking an amendment to the Northern Ireland Act 1998 to allow for a request to be made by the Assembly for the transfer of these ‘excepted’ matters.

3.3.5 Prevention and detection of crime
(Regulation of Private Security Industry)
(Regulation of Investigatory Powers Act)

Members discussed the proposals relating to the transfer of responsibility for matters relating to the ‘prevention and detection of crime’ in the covering commentary of draft legislation provided by the NIO in February 2008.

Agreed:

  • That the matters described in the covering commentary of draft legislation provided by the NIO in February 2008 should be transferred.
  • There were diverse opinions about the transfer of those matters which are ‘excepted’ and there was no consensus on seeking an amendment to the Northern Ireland Act 1998 to allow for a request to be made by the Assembly for the transfer of these ‘excepted’ matters.

3.3.6 Treatment of Offenders: Separated Accommodation

Members discussed the proposals relating to the transfer of responsibility for matters relating to the treatment of offenders and ‘separated accommodation’ in the covering commentary of draft legislation provided by the NIO in February 2008.

Agreed:

  • That the matters described in the covering commentary of draft legislation provided by the NIO in February 2008 should be transferred.

3.4 Terms of motion for a debate on the Inquiry report

Members discussed the terms of the draft motion for debate on the Inquiry report.

Agreed:

  • Members agreed the terms of the draft motion for debate on the report as follows:
    "That the Assembly approves the report of the Assembly and Executive Review Committee relating to the devolution of policing and justice matters and agrees that, as required by section 18 of the Northern Ireland (St Andrews Agreement) Act 2006, it should be submitted to the Secretary of State for Northern Ireland, before 27 March 2008, as a report of the Northern Ireland Assembly."

[Chairperson, Assembly and Executive Review Committee]

  • That either 3 or 4 March is the preferred date for debating the motion in the Assembly.

1.12pm Alan McFarland left the meeting

4. Draft Press Release

Members agreed the draft press release.

5. Date, time and place of next meeting

The next meeting will be held on Tuesday, 19 February at 10.30am in Room 144, Parliament Buildings.

The Chairperson adjourned the meeting at 1.16pm.

RT HON JEFFREY DONALDSON, MP
Chairperson, Assembly and Executive Review Committee
19 February 2008

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