Minutes of Proceedings

The meeting opened at 10.35am in closed session.

1. Apologies

Apologies are detailed above.

2. Draft Minutes of Proceedings of meeting held on 19 February 2008

Agreed: The Committee agreed the minutes of the meeting held on 19 February 2008.

3. 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

3.1 Draft Report on the ‘Inquiry into the Devolution of Policing and Justice’

Members considered, paragraph by paragraph, the draft report on the ‘Inquiry into the Devolution of Policing and Justice Matters’.

Agreed:

• Paragraphs 1-8 ‘Introduction’, read and agreed
• Paragraphs 1-8 ‘Issues, Findings, Recommendations and Conclusions, read and agreed’
• Paragraphs 9-15, read and agreed as amended

Paragraph 16 – Committee divided

Mr O’Dowd proposed that:

‘the motion is that recommendation 10 be amended to read ‘ The Committee recommends that those matters in Paragraph 10 of Schedule 3 to the Northern Ireland Act 1998 be transferred’.

The Committee divided, Ayes 4; Noes 5.

The motion fell.

• Paragraph 16, read and agreed as amended
• Paragraph 17-23, read and agreed as amended

Paragraph 24 – Committee divided

Mr O’Dowd proposed that:

‘the motion is that recommendation 17 be amended to read ‘The Committee recommends that all administrative arrangements relating to extradition and mutual legal assistance should be exercised by the Northern Ireland Minister/s’.

The Committee divided, Ayes 4; Noes 5.

The motion fell.

• Paragraph 24, read and agreed
• Paragraphs 25-38, read and agreed

11.23am Nelson McCausland left the meeting

• Paragraph 39, read and agreed as amended

11.25am Nelson McCausland joined the meeting

11.27am Carmel Hanna left the meeting

11.31am Nelson McCausland left the meeting

• Paragraphs 40-52, read and agreed

11.36am Carmel Hanna joined the meeting

• Paragraph 53, read and agreed as amended

Paragraph 54 – Committee divided

Mr Attwood proposed that:

‘the motion is that recommendation 38 be amended to read ‘ The Committee recommends that the NIO and OFMdFM should take forward work to ensure that any agreements remain in place at the point of devolution, and that these should be reviewed by the Department and the Statutory Committee following devolution. The Committee further recommends that, before and following devolution, discussions take place to identify other areas that may become part of a future agreement’.

The Committee divided, Ayes 4; Noes 4.

The motion fell.

• Paragraph 54, read and agreed

11.45am Ian McCrea left the meeting

Paragraph 55 – Committee divided

Mr Attwood proposed that:

‘the motion is that paragraph 55 be amended to remove the following sentence:

‘ There were diverse opinions about the need for a higher degree of oversight in relation to the operation of SOCA and the Security Services in Northern Ireland’.

and to replace this sentence with:

‘The Committee considers that the arrangements in respect of oversight and accountability of the Security Services and SOCA are inadequate and calls for discussions to strengthen these arrangements’.

11.49am Ian McCrea joined the meeting

The Committee divided, Ayes 4; Noes 5

The motion fell.

• Paragraph 55, read and agreed as amended

11.52am Ian McCrea left the meeting

• Paragraph 56, read and agreed
• Paragraphs 57-58, read and agreed as amended

12.02pm Danny Kennedy joined the meeting
12.03pm Nelson McCausland joined the meeting

• Paragraphs 59-60, read and agreed
• Paragraph 61, read and agreed as amended

Mr Donaldson informed the Committee of his impending appointment as a Junior Minister in the Office of the First Minister and deputy First Minister, which would require him to resign as Chairperson of the Committee.

Members expressed their congratulations to the Chairperson and acknowledged his valuable contribution to the work of the Committee.

12.10pm Jeffrey Donaldson left the meeting

12.10pm The Deputy Chairperson (Mr Raymond McCartney) took the Chair

• Annex A, read and agreed as amended
• Paragraphs 1-3 ‘Executive Summary’, read and agreed
• Paragraph 4 ‘Executive Summary’, read and agreed as amended
• Paragraph 5-6 ‘Executive Summary’, read and agreed
• Summary of recommendations, read and agreed as amended

3.1.1 Appendices to the report

Members discussed the list of appendices to the report

Agreed: that the following documents be included in the appendices to the report:

• Appendix 1 – relevant extracts from the minutes of proceedings of the Committee
• Appendix 2 - the minutes of evidence (Hansard transcripts)
• Appendix 3 – a suite of papers from the NIO including the “Devolving Policing and Justice in Northern Ireland: Discussion Paper” (February 2006) and subsequent papers, correspondence and memoranda from the NIO.
• Appendix 4 - Written submissions
• Appendix 5 - Submissions from the political parties – provided at the beginning of the inquiry, submissions from the Alliance Party and the PUP - provided during the inquiry – and subsequent party position papers - submitted by parties in February 2008
• Appendix 6 - General correspondence (including correspondence with OFMdFM)
• Appendix 7 - Papers prepared by the Northern Ireland Assembly Research and Library Service
• Appendix 8 - Submissions from the expert witnesses and documentation on the judicial system in England and Wales.

3.1.2 Minutes of today’s meeting and authorising the printing of the report

Members discussed the arrangements for authorising the printing of the report.

Agreed: That the Committee authorises the Deputy Chairperson to sign the minutes of today’s meeting in order for them to be included in the report.

3.1.3 Distribution of the report

Members discussed the arrangements for distribution of the report.

Agreed: that a printed copy of the report be forwarded, under embargo, to each of the witnesses who gave oral evidence and those organisations who made written submissions, with copies likely to be released on Thursday 6 March.

3.1.4 The Debate

Members discussed the speaking arrangements and time allocation for the Assembly debate.

Agreed:

• That speaking arrangements for the debate should be discussed by the Deputy Chairperson and Chairperson once appointed.
• That the Committee will suggest that the Business Committeee should allow for a three hour debate.

3.1.5 Media Strategy

Members discussed the media strategy in relation to the release of the report.

Agreed: That the Chairperson and Deputy Chairperson were authorised to do pre-recorded interviews, under embargo.

4. Date, time and place of next meeting

The Clerk was asked to consult with the Chairperson, once appointed, about the date of the next meeting and to inform Members accordingly.

The Deputy Chairperson adjourned the meeting at 12.35pm.

MR RAYMOND McCARTNEY
Deputy Chairperson, Assembly and Executive Review Committee
26 February 2008