Minutes of Proceedings

The meeting opened at 11.00am in closed session.

1 . Chairman’s Business

The Committee considered the matter of Christmas cards.

Agreed : Members agreed not to issue official Christmas cards.

The meeting opened at 11.02 am in public session.

2. Apologies

Mr Nigel Dodds
Mr Danny Kennedy
Mr Alex Maskey

3. Minutes of Proceedings of meeting held on 9 and 10 November 2009

Members agreed the Minutes of Proceedings of the meetings held on 9 and 10 November 2009.

Mr McCartney joined the meeting at 11.05 am.

This session was recorded by Hansard.

4. Matters Arising

Ms Hanna joined the meeting at 11.08 am.

The Committee discussed the motion agreed on 3 November 2009 calling on the Secretary of State for Northern Ireland to provide, forthwith, all the memorandums of understanding and protocols that will apply at the point of devolution of policing and justice matters.

Mr Paisley Jnr joined the meeting11.15 am.

On a proposal from Mr Attwood that:

“ That the Committee agree and sign the motion, and forward it, with recommendations on the scheduling and duration of the debate, to the Business Committee.”

Question put: That the Committee agree and sign the motion, and forward it, with recommendations on the scheduling and duration of the debate, to the Business Committee.

The Committee divided. Ayes 2; Noes 6; Abstentions 0.

The proposal accordingly fell.

On a proposal from Mr O’Dowd that:

“The Committee should agree to bring a proposal to the Committee seeking to rescind the motion to the Assembly and write to the Secretary of State to say that the Committee had been informed by the First Minister and deputy First Minister that they had received the memorandums of understanding, protocols and concordats and to ask why they had not been provided to the Committee in line with the Secretary of State’s letter to the Committee of 31 May 2009.”

Question put: The Committee should agree to bring a proposal to the Committee seeking to rescind the motion to the Assembly and write to the Secretary of State to say that the Committee had been informed by the First Minister and deputy First Minister that they had received the memorandums of understanding, protocols and concordats and to ask why they had not been provided to the Committee in line with the Secretary of State’s letter to the Committee of 31 May 2009.

The Committee divided. Ayes 6; Noes 0; Abstentions 0.

The proposal accordingly passed.

Members discussed the Memorandums of Understanding, protocols and Concordats to apply at the point of the devolution of policing and justice matters.

Agreed: The Committee agreed that the Chairman should write to the First Minister and the deputy First Minister to seek clarity on disclosing to the Secretary of State that the Committee became aware that the First Minister and deputy First Minister had these documents, during a closed session.

5. Correspondence – outgoing/incoming

Members noted letters to the Secretary of State, the First Minister and deputy First Minister and to the Minister for Finance and Personnel, providing them with an update of the Specialist Adviser’s paper on the Prime Minister’s letter dated 21 October 2009 regarding the financial settlement for policing and justice matters.

Members noted a reply from the First Minister and deputy First Minister in response to the Committee’s request for an update on the Efficiency Review Panel.

Members noted a reply from Lord Ashdown in relation to the Committee’s request that he appear before the Committee.

6. Devolution of Policing and Justice Matters

Committee Briefing Paper 11/08/09 – Twenty Forth Revision – Consideration of the Category Two List of Issues

In relation to the issue of the devolution of policing and justice matters, the Chairperson declared the following interests:

• Member of the Northern Ireland Policing Board

The Chairperson invited Members to declare their relevant interests.

Members declared the following interests:

Alex Attwood

• Member of the Northern Ireland Policing Board

Ian Paisley jnr

• Member of the Northern Ireland Policing Board

Members discussed the further involvement of the Specialist Adviser in the Committee’s consideration of the financial implications of the devolution of policing and justice matters.

Agreed: The Committee agreed that the Clerk should prepare a paper on the costs associated with the contract with the Specialist Adviser.

Agreed: The Committee agreed that the involvement of the Specialist Adviser is complete, for the time being, and that he should be thanked for his work.

Mr Paisley left the meeting at 11.49am.

Members considered the Category Two List of Issues.

On a proposal from Mr Attwood that;

“The Committee should write to OFMdFM to request that they share the Attorney General’s report with the Committee.”

Question put: The Committee should write of OFMdFM to request that they share the Attorney General’s report with the Committee.

The Committee divided. Ayes 5; Noes 1; Abstentions 1.

The proposal accordingly passed.

The Committee discussed the matter of the Intergovernmental Agreement on Cooperation on Criminal Justice Matters.

Agreed: Members agreed that the Chairman should write to the Secretary of State to request that the amended version of the Agreement should be provided to the Committee.

Mr Paisley rejoined the meeting at 11.56am.

Members discussed the letter of 12 November 2009 from Lord Ashdown.

Agreed: Members agreed to forward a copy of Lord Ashdown’s letter to the Secretary of State for information.

7. Review of Procedures for Judicial Appointments/Removals

The Committee discussed a paper on the item in the Forward Work Programme for the Committee to review the functions for judicial appointments and removals.

Agreed: Members agreed to defer work on the issue of judicial appointments and removals until a later date.

8. Any other business

There was some discussion about the preparation, and publication of the Committee’s Second Report on the Arrangements for the Devolution of Policing and Justice Matters.

Mr McCartney left the meeting at 12.15 pm.

9. Date, time and place of next meeting

The next meeting will be held on Tuesday, 24 November 2009 at 11.00 am, in Room 144 in public session.

The Chairperson adjourned the meeting at 12.20 pm.

Mr Jimmy Spratt
Chairperson, Assembly and Executive Review Committee
24 November 2009