Minutes of Proceedings

Present: 
Mr Declan O’Loan (Chairperson)
Mr Mickey Brady
Mr Trevor Clarke
Rev Dr Robert Coulter
Mr Paul Maskey 
Mr Alastair Ross
Mr Brian Wilson

In Attendance: 
Mr Paul Gill (Assembly Clerk)
Ms Hilary Bogle (Assistant Clerk)
Mr Ray McCaffrey (Research Officer) 
Mr Michael Greer (Clerical Supervisor)
Mr Christopher McNickle (Clerical Officer)

Apologies:
Mr Willie Clarke (Deputy Chairperson)
Mr Allan Bresland
Mr Thomas Buchanan
Mr George Savage

The meeting commenced at 12.02pm in open session.

Chairperson’s Introduction

The Chairperson welcomed Members to the meeting.

Agreed: The Committee agreed that the Chairperson should write to Mr Pat Ramsey MLA thanking him for his stewardship of the Committee during the period that he was Chairperson.

1. Apologies

Apologies as listed above.

2. Declaration of Interests

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

3. Draft minutes of the meeting held on 16 th June 2010

Agreed: The draft minutes of the meeting held on 16 th June 2010 were agreed by the Committee.

4. Matters arising

There were no matters arising.

5. Update on Bill to create an Assembly Commissioner for Standards

The Clerk updated the Committee on the bill to create an Assembly Commissioner for Standards.

The Chairperson welcomed Mr Ray McCaffrey, Assembly Research Services and invited him to present the Assembly Research Paper.

Following a question and answer session the Chairperson thanked Mr McCaffrey.

12.26pm Mr Brady left the meeting.

The Committee considered a policy paper to inform drafting instructions in relation to the bill to create an Assembly Commissioner for Standards. The Committee agreed the paper, as set out below and subject to the general caveat that it may review its position when considering the draft bill at the start of the next session.

Paragraphs 1 – 4

The Committee noted paragraphs 1 – 4 setting out the background.

Paragraphs 5 to 10

Agreed: The Committee agreed paragraphs 5 to 10 which set out the proposals on the appointment of the Commissioner. However, the Committee also agreed it would consider again the statutory provision in respect of disqualification after being updated on the outcome of the Assembly Commission’s consultation on Independent Statutory Body.

Paragraph 11

Agreed: The Committee agreed paragraph 11 setting out a proposal which would allow the Assembly to appoint an Acting Commissioner.

Paragraphs 12 to 14

Agreed: The Committee agreed paragraphs 12 to 14 setting out the functions of the Commissioner.

Paragraphs 15 to 33

Agreed: The Committee agreed paragraphs 15 to 33 on how investigations are to be carried out by the Commissioner, with the caveat that paragraphs 20, 28 and 33 be amended. The Committee agreed that the issue of further investigation by the Commissioner could be considered again in September.

Paragraphs 34 to 36

Agreed: The Committee agreed paragraphs 34 to 36 which set out the matters that should be set out in legislation in respect of investigations of the Commissioner.

Paragraph 37

Agreed: The Committee agreed paragraph 37 which sets out the proposed power of the Commissioner to call for witnesses and documents.

Paragraph 38

Agreed: The Committee agreed that, in respect of defamation actions, the Commissioner should have absolute privilege and that the draft bill should include provision for those making statements to the Commissioner to have qualified privilege. However, the Committee agreed it should receive legal advice on the issue of qualified privilege for those making statements before taking its final decision.

Agreed: The Committee agreed paragraph 39 on the restriction on disclosure of information.

Paragraphs 40 to 43

Agreed: The Committee agreed paragraphs 40 to 43 which set out proposals in respect of the Commission’s duties to provide the Commissioner with the necessary funding.

Paragraphs 44 and 45

Agreed: The Committee agreed paragraphs 44 and 45 which refer to the duties of the Commissioner to report to the Assembly and to abide by the code of conduct that the Assembly may agree.

Agreed: The Committee agreed that should any further policy issues emerge over the summer recess the Clerk should give an initial direction and that the Committee would take any final decision on these issues on its return.

6. Any other business

There was no other business.

7. Time, date and place of next meeting

The next meeting will take place after recess. Members will be informed of the date in due course.

The Chairperson adjourned the meeting at 12.53pm.

Mr Declan O’Loan MLA
Chairperson, Committee on Standards and Privileges
22 nd September, 2010.