Minutes of Proceedings
Session: 2007/2008
Date: 08 October 2007
ASSEMBLY AND EXECUTIVE REVIEW COMMITTEE
Minutes of Proceedings
TUESDAY, 9 OCTOBER 2007
Room 144, PARLIAMENT BUILDINGS
Present:
Rt Hon Jeffrey Donaldson, MP (Chairperson)
Mr Raymond McCartney (Deputy Chairperson)
Mr Alex Attwood
Mrs Carmel Hanna
Mr Danny Kennedy
Mr Ian McCrea
Mr Alan McFarland
Ms Carál Ní Chuilín
Mr George Robinson
In Attendance:
Mrs Debbie Pritchard (Principal Clerk)
Mr Stephen Graham (Assembly Clerk)
Ms Sinead Nash (Assistant Clerk)
Mr Keith McBride (Clerical Supervisor)
Ms Lynn Gray (Clerical Officer)
Apologies:
Mr Nelson McCausland
The meeting opened at 11:00am in public session.
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Apologies
Apologies are detailed above.
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Draft Minutes of Proceedings of meeting held 2 and 3 October 2007
Agreed: The Committee agreed the minutes of the meetings of 2 and 3 October 2007.
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Matters Arising
3.1 Efficiency Review Panel / NSMC Review Group: Meeting with Special Advisers to the First Minister and deputy First Minister
Members noted that the Chairperson and Deputy Chairperson met with the Special Advisors to the First Minister and deputy First Minister on 8 October and that a further meeting will take place with the First Minister and deputy First Minister.
Members noted that OFMdFM will prepare a paper in advance of the proposed meeting, in the context of the St Andrews Agreement Act 2006 and relevant sections of the St Andrews Agreement, about the reviews, or actions, which fall to OFMdFM or the Assembly to take forward including matters relating to the Efficiency Review Panel and the NSMC Review Group.
Agreed:
- The Chairperson and Deputy Chairperson will attend the further meeting with the First Minister and deputy First Minister, report to the Committee on the outcome of the meeting; and consult with the Committee before reaching any agreement with the First Minister and deputy First Minister.
- That the Clerk should engage with officials in OFMdFM about the role of the Assembly and Executive Review Committee.
11:04am Carál Ní Chuilín joined the meeting
11:08am Alan McFarland joined the meeting
11:12am Carmel Hanna and Alex Attwood joined the meeting
3.2 Arrangements for Committee Meetings
The Committee noted the paper on the business commitments facing Members.
Agreed:
- The Committee would continue with its existing meeting arrangements.
3.3 Oral evidence with the Secretary of State
Members noted that a comprehensive letter has been sent to the Secretary of State’s office covering the matters which were not addressed at the evidence session.
Agreed:
- That a copy of this letter will be issued to all Members.
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Chairperson’s Business
4.1 Northern Ireland Court Service
Members noted the letter of thanks received from the Director of the Court Service, Mr David Lavery.
Members noted that additional information on ‘departmental models’ has been received from the Court Service and the office of the Lord Chief Justice.
Agreed:
- This material will be summarised and issued to the Committee prior to the discussion planned for 23 October.
4.2 Northern Ireland Affairs Committee
Members noted that a working lunch has been arranged with the Northern Ireland Affairs Committee in the Members Private Dining Room on Tuesday 16 October from 1pm until 2pm.
Members were asked to confirm their attendance and Carál Ní Chuilín indicated that she would be unable to attend because of her Business Committee commitments.
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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
George Robinson:
- Member, Limavady District Policing Partnership
Ian McCrea:
- Member, Cookstown District Policing Partnership
Identification of Policing and Justice matters which are currently reserved matters
This session was recorded by Hansard.
Members discussed which Policing and Justice matters are currently reserved matters.
Agreed:
- That the matters specified in the Northern Ireland Office (NIO) Discussion Document (February 2006) be regarded as the Policing and Justice matters which are currently ‘reserved’ matters.
Matters to be transferred
Members proceeded to discuss the matters to be transferred according to the categories detailed in the NIO Discussion Document (February 2006).
Members noted there is currently no provision in the Northern Ireland Act 1998 under which the Assembly could request the transfer of an ‘excepted’ matter.
Members also noted that the Committee awaits a response from the NIO, SOCA and the Security Services with regard to the issue of accountability and lines of communication.
Agreed:
- That the matters on which consensus had been reached during the deliberations of the Committee on the Programme for Government should be transferred.
Members then proceeded to discuss, in turn, those matters on which no consensus had been reached during the deliberations of the Committee on the Programme for Government.
Criminal Law and Creation of Offences and Penalties
(Para 9(a) & (b) Schedule 3 to the Northern Ireland Act 1998)
Agreed:
- That the matters described in the Northern Ireland Office Discussion Document (February 2006) 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.
Prevention and Detection of Crime
(Para 9(c) Schedule 3 to the Northern Ireland Act 1998)
Agreed:
- That the matters described in the Northern Ireland Office Discussion Document (February 2006) 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.
11:48am Carál Ní Chuilín left the meeting
Treatment of Offenders
(Para 9(e) Schedule 3 to the Northern Ireland Act 1998)
Agreed:
- That the matters described in the Northern Ireland Office Discussion Document (February 2006) 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.
Public Order
(Para 10 Schedule 3 to the Northern Ireland Act 1998)
Agreed:
- That the matters described in the Northern Ireland Office Discussion Document (February 2006) should be transferred, subject to further work on the Parades Commission and 50:50 recruitment to the PSNI.
- 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.
- That the Clerk will prepare a briefing paper on indicative models and safeguard mechanisms in relation to handling of issues such as the Parades Commission and 50:50 recruitment to the PSNI, and that these issues would then be considered further.
- That the Clerk will clarify whether future powers of the army to support the police are part of the Public Order ( Northern Ireland) Order 1987 or the Terrorism Act 2000, and whether these will be repealed as part of the normalisation process.
The Police and the Policing Accountability Framework
(Para 11 Schedule 3 to the Northern Ireland Act 1998)
Agreed:
- That the matters described in the Northern Ireland Office Discussion Document (February 2006) 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.
Co-operation between the PSNI and the Garda Siochána in relation to a specific series of matters
(Para 11 Schedule 3 to the Northern Ireland Act 1998)
Agreed:
- That, in principle, the matters described in the Northern Ireland Office Discussion Document (February 2006) should be transferred, subject to confirmation that the list of matters set out in the NIO Discussion document accords with the list of matters to be transferred in the Miscellaneous Provisions Act 2006.
- 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.
- That information on existing and proposed arrangements for co-operation would be reviewed by the Committee at a later date.
Firearms and explosives (Para 12 of Schedule 3 to the Northern Ireland Act 1998)
Agreed:
- That the matters described in the Northern Ireland Office Discussion Document with regard to responsibility for ‘explosives’ should be transferred.
- The DUP and UUP will each clarify their position on the devolution of legislative and administrative responsibility for ‘firearms’ at the next meeting.
The Courts (Paras 14A, 15 and 17 of Schedule 3 to the Northern Ireland Act 1998)
Agreed:
- That the matters described in the Northern Ireland Office Discussion Document (February 2006) 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.
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Draft Press Release
Members agreed the terms of the press release.
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Date, time and place of next meeting
The next meeting will be held on Tuesday, 16 October at 10.30am in the Senate Chamber, Parliament Buildings.
The Chairperson adjourned the meeting at 1.02 pm.
