Minutes of Proceedings

Northern Ireland Assembly

COMMITTEE FOR HEALTH, SOCIAL SERVICES AND PUBLIC

SAFETY

MINUTES OF PROCEEDINGS

THURSDAY, 17 MAY 2007 
ROOM 135, PARLIAMENT BUILDINGS

Present:

Mrs Iris Robinson MP MLA (Chairperson) 
Ms Michelle O’Neill MLA (Deputy Chairperson)
Mr Thomas Buchanan MLA 
Rev Dr Robert Coulter MLA 
Dr Kieran Deeny MLA 
Mr Alex Easton MLA 
Mr Tommy Gallagher MLA 
Mrs Carmel Hanna MLA 
Ms Carál Ní Chuilín MLA 
Ms Sue Ramsey MLA

In Attendance:

Mr Alan Patterson (Principal Clerk)
Mr Hugh Farren (Clerk)
Ms Hilary Bogle (Assistant Clerk)
Ms Vicky Surplus (Clerical Supervisor)
Mr Mark McQuade (Clerical Supervisor)
Mr Scott Leeman (Clerical Officer)
Mr Tim Moore (Senior Assembly Researcher)
Mr Neil Foster (Assembly Researcher)

The meeting commenced at 2.37pm in closed session.

1. Apologies

There were no apologies received.

2. Chairman’s Business

Members noted details of the Committee Membership, secretariat support and Assembly Research staff.

The Chair drew Members’ attention to the guidance on the Declaration of Interests and reminded Members that “ under Standing Order 64.4 there is a requirement that, before taking part in any proceeding of the Assembly or its Committees, each Member must declare any interest, financial or otherwise, which is relevant to the debate or proceeding, where such interest is held by the member or an immediate relative”.

The following relevant interests were declared: -

Mr Thomas Buchanan - 
Member of Omagh District Council Health Committee 
Member of Omagh Hospital Steering Executive.

Kieran Deeny - 
Full timepartner and principal in the GP Practice of Carrickmore Health Centre, Co. Tyrone, BT79 9JR. Moving to half time partner on 1 st July 2007.
Chairman of the Omagh and District GP Association since 2000 (Approx. 30 GP’s looking after 60,000 patients).
Member of the Western Local Medical Committee. Committee elected by GP’s in Western Board area to represent all GP’s in Western Board on all issues relating to our work/profession. 
Member of the General Medical Council (GMC) i.e. as with all medical doctors I am registered with the GMC.

Mrs Carmel Hanna –

Friend of ‘Cause’ Mental Health Carers’ group.

Mr John McCallister –

Member of Young Farmers Clubs of Ulster.

Ms Carál Ní Chuilín –

Director of Coiste na n-Iarchimi (Treasurer – voluntary)

Members agreed that all meetings should be held in public session unless there was a confidential matter to be considered. The Committee also agreed that Committee meetings would generally be held on a Thursday afternoon in Room 135, Parliament Buildings but that the Committee should aim to hold some meetings outside Parliament Buildings at venues throughout Northern Ireland.

The Chairperson informed Members that she had met informally with the Minister on 3 May 2007, prior to his official appointment, and agreed that they both wished to develop and maintain a good working relationship between the Committee and the Department. The Minister agreed to attend an early meeting of the Committee and they both agreed that it would be mutually beneficial to have regular informal discussions between the Chairperson and the Minister, perhaps once a quarter, to discuss upcoming business.

Following discussion it was agreed that, should the Chairperson be unable to attend future meetings with the Minister, the Deputy Chairperson would attend.

3. Committee Procedures

Members noted guidance papers on –

• Powers and Operations of Statutory Committees
• Role of Chairperson
• Role and Functions of Committee Office
• Role of Researchers
• Handling Subordinate Legislation

The Chairperson drew Members’ attention to Privilege for Committee Members and Sub-judice matters. The following was read into the record:

Privilege

‘Under Section 50 of the Northern Ireland Act 1998, for the purposes of the law of defamation, absolute privilege applies equally to:

• the making of a statement in proceedings of the Assembly; and
• the publication of a statement under the Assembly’s authority.

The term ‘proceedings of the Assembly’ includes the work of committees. A report ordered to be published by a committee would attract absolute privilege, as the report would be published ‘under the Assembly’s authority.’ However, it cannot be assumed that a press release agreed by the committee is covered by Assembly privilege. In relation to press conferences, even if members stick to the content of the press release, it is unlikely that an action for defamation could be defended on grounds of absolute privilege since the statement would not be made “in proceedings of the Assembly”.

This privilege also covers all evidence given by a witness to a committee, whether in oral or in written form. As a result, no action may lie in defamation against a witness in respect of statements, whether written or oral, to a committee.’

Sub-judice Matters

‘The sub-judice rule applies from when a criminal charge (or charges) is brought, or from when notice of an appeal is lodged to the time that the verdict and sentence have been announced or from when a civil action is listed for trial until judgement is given. In such cases, the matter awaiting adjudication should not be prejudiced by comment in a public session of a committee meeting. The committee clerk will attempt to ensure that the chairperson is made aware of any sub-judice matter raised during committee meetings held in public session. It is then for the chairperson to decide whether or not to allow the discussion of such a matter to continue.’

The Senior Assembly Researcher briefed the Committee on the role of Assembly Research Services and the services available to support the Committee’s work.

Subordinate Legislation –

The Committee agreed the following motion:

“The Committee for Health, Social Services and Public Safety resolves, under Standing Order 41, to delegate to the Examiner of Statutory Rules the technical scrutiny of statutory rules referred to the Committee under the above mentioned Standing Order.

The Committee further resolves that in carrying out this function the Examiner shall be authorised to report his technical findings on each statutory rule to the Assembly, through the Business Office, and to the relevant Department, as well as to the Committee itself and to publish his report.”

The Committee agreed to notify the Examiner of Statutory Rules and the Department of the Members’ decision.

Open session

4. First Day Brief from Department

Members noted the written First Day Brief from the Department and the Schedule of Primary Legislation dealt with during suspension.

Members took evidence from the following witnesses:-

Dr Andrew McCormick, Permanent Secretary

Mrs Linda Brown, Deputy Secretary, Social Policy Group

Mr Andrew Hamilton, Deputy Secretary, Healthcare Policy Group

3.38pm Dr Deeny left the meeting

3.45pm Dr Deeny rejoined the meeting

4.00pm Mr Gallagher left the meeting

4.07pm Mr Gallagher rejoined the meeting

4.10pm Mrs Hanna left the meeting

The Chairman thanked the witnesses for attending.

4.36pm - the meeting adjourned

4.45pm - the meeting resumed in closed session

5. Draft Forward Work Programme

The Committee considered the draft Forward Work Programme and agreed to have evidence sessions at the next meeting of the Committee on the Bamford Review of Mental Health and Learning Disability ( Northern Ireland) and the Health (Miscellaneous Provisions) Bill.

Members also agreed to undertake visits to health and health-related venues throughout Northern Ireland and agreed that their first visit would be to Belfast Health Care Trust on Thursday 24 May 2007; Reverend Coulter and Mr Gallagher tendered their apologies for this visit.

Following discussion it was agreed that Members would put forward recommendations on work areas for inclusion in the Forward Work Programme.

6. Correspondence

Members noted the contents of correspondence received.

Following discussion Members agreed to arrange lunch-time meetings with health related groups.

7. Any other business

Members noted an invitation from the Southern Health and Social Care Trust to a reception in the Long Gallery on Monday 21 May 2007. Members agreed a draft Press Release.

8. Date and time of next meeting

The next meeting will be held on Thursday, 24 May 2007 at 2.30pm in Room 135, Parliament Buildings.

The Chairperson adjourned the meeting at 5.10pm.