Minutes of Proceedings

Session: 2008/2009

Date: 28 January 2009

Venue: Room 135, Parliament Buildings

The meeting commenced at 2.00pm in public session.

Chairperson’s Introduction

The Chairperson welcomed Members to the meeting.

1. Apologies

Apologies as detailed above.

2. Declaration of Interests

The Chairperson reminded Members of their obligation to declare any relevant pecuniary or other interests before and during each Committee meeting.

3. Draft minutes of the meeting held on 21st January 2008

The draft minutes of the meeting held on 21 st January 2009 were approved by the Committee.

Proposed: Rev Robert Coulter

Seconded: Mr Alastair Ross

4. Matters arising

There were no matters arising.

2.02pm The Committee moved into closed session

5. Report by the Interim Commissioner for Standards on a complaint against a Member

Members noted the contents of the Report received from the Interim Assembly Commissioner for Standards on a complaint against a Member.

The Chairperson welcomed Mr Tom Frawley, Interim Assembly Commissioner for Standards, and Mr John MacQuarrie, Director for Standards and Special Projects, and invited them to make a short presentation to the Committee.

After Mr Frawley and Mr MacQuarrie had left, the Committee discussed the report and agreed with its conclusions.

Two questions on the way forward were then put to the Committee. However neither proposal secured sufficient support.

3.08pm The Chairperson adjourned the meeting. 
3.10pm The Committee resumed in closed session.

Agreed: Following further discussion, the Committee agreed that the Member who was the subject of the complaint be invited to come before the Committee at the next meeting.

3.12pm Mr Brolly left the meeting. 
3.12pm Mr Craig left the meeting.

3.12pm The Chairperson adjourned the meeting. 
3.14pm The Committee resumed in closed session.

6. Provision of Legal Advice

The Committee heard legal advice from the Assistant Legal Adviser on section 43 of the Northern Ireland Act.

7. Review of the Code and Guide

Agreed: The Committee agreed that references to section 43 in the Code be amended to reflect the position that the Committee may give consideration to referring such matters to the Public Prosecution Service.

Agreed: Following discussion on the reference in Standings Orders to the Advocacy Rule, the Committee agreed that a line should be added to the Guide clarifying this particular aspect of the advocacy rule.

Agreed: Following discussion the Committee agreed that the section of the Code on the one year deadline should be amended to allow the Committee discretion to consider complaints that are not made within the new time limit of one year. The Committee further agreed that the wording of the references to reasonable adjustments that can be made in respect of the complaints procedure be tightened.

Agreed: The Committee agreed that references in the Code to the ‘House’ should be amended as appropriate.

Agreed: The Committee agreed to remove the existing references to criminal offences in the Code and replace it with ‘Where it considers it appropriate, the Committee may refer matters to the police or PPS for their consideration’.

Agreed: Members agreed that the Committee should recommend that Standing Orders be amended to include a recommendation to guarantee the authority of the sanction to suspend Members without pay.

Agreed: The Committee agreed that it was not necessary to invite Northern Ireland Office officials to give evidence to the Committee on section 43 of the Northern Ireland Act.

Agreed: The Committee agreed that it should be provided with further legal advice on the issue of section 43 and the rule in the Guide on Divisions.

3. 53pm The Assistant Legal Adviser left the meeting.

3.54pm The Committee returned to open session.

Agreed: The Committee agreed to amend the requirement for members to send details of their interests to the Clerk of the Committee on which they serve.

Reverend Coulter declared an interest in the next issue as a Member of the Assembly Commission.

Agreed: The Committee agreed that its report on the new Code should include a recommendation that the Assembly Commission takes forward the necessary work in order to be able to provide accurate job descriptions and salary bands of family members who are remunerated through Office Cost Allowance.

Agreed: The Committee agreed that the Code be amended so that it is more explicit on the requirement for Ministers to register gifts and hospitality received in their capacity as Ministers.

4.00pm The Committee moved into closed session.

8. Any other business

Agreed: It was agreed that the next meeting should take place at 10.00am in room 135, Parliament Buildings and that a copy of the Interim Assembly Commissioner for Standards’ Report should be forwarded to the Member who was the subject of the Report.

9. Time, date and place of next meeting

The next meeting will be held on Monday, 2 nd February 2009 at 10.00am in Room 135, Parliament Buildings.

The Chairperson adjourned the meeting at 4.02pm.

Mrs Carmel Hanna MLA
Chairperson, Committee on Standards and Privileges.
Monday 2nd February 2009.

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