Minutes of Proceedings

Session: 2010/2011

Date: 08 December 2010

ROOM 144, PARLIAMENT BUILDINGS

Present:
Mr Declan O’Loan (Chairperson) 
Mr Willie Clarke (Deputy Chairperson) 
Mr Sydney Anderson 
Mr Paul Frew 
Mr Alastair Ross 
Mr Brian Wilson

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

Apologies: 
Mr Billy Armstrong
Mr Mickey Brady
Mr Paul Maskey

The meeting commenced at1.30pm in open session.

Chairperson’s Introduction

The Chairperson welcomed Members to the meeting.

Agreed: The Committee agreed that the meeting should commence in open session and go into closed session for agenda items 6 and 7.

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 10 th November 2010

Agreed: The draft minutes of the meeting held on 10 th November 2010 were agreed by the Committee.

4. Matters arising

There were no matters arising.

5. Terms of Reference for Review of Privilege

1.33pm Mr Clarke joined the meeting.

Agreed: Following discussion the Committee agreed the Terms of Reference for Review of Privilege as set out in the Clerk’s Paper.

Agreed: The Committee agreed that the Clerk should commission an Assembly Research Paper and Legal Advice.

Agreed: The Committee agreed that the Chairperson should write to the Speaker and the Committee on Procedures informing them of the Committee’s review and inviting comment from them.

1.38pm the Committee moved into closed session.

6. Assembly Members (Independent Financial Review and Standards) Bill

Members noted correspondence dated 12th November 2010 received from the Speaker indicating that he was content that the Bill be introduced on Monday 15 th November 2010.

Agreed: Following discussion the Committee agreed that the Bill does not need to be amended to include provision in relation to DPP consent.

Agreed: Following discussion the Committee agreed that the proposed amendments to clauses 17, 31, 34 and paragraph 6 of Schedule 4 as set out in Annex A of the Clerk’s Paper should be tabled (subject to any final comment from parliamentary counsel).

Agreed: The Committee agreed that the Chairperson and the Clerk approve any final technical issues that parliamentary counsel might raise.

Agreed: The Committee agreed that the Chairperson should write to the Ad Hoc Committee advising it of the Committee’s proposed changes.

Agreed: The Committee agreed that the Clerk should attend the Ad Hoc Committee on Monday 13 th December 2010 when it will be carrying out clause by clause consideration of the Bill in order to address any particular issues that might arise in respect of Part 2 of the bill.

Members noted that it may be necessary to convene a meeting of the Committee on Wednesday 15 th December, if the Ad Hoc Committee raises any substantive issues on the bill.

7. Standing Orders in relation to the Attorney General for Northern Ireland

The Committee noted correspondence received from the Attorney General.

Agreed: Following discussion the Committee agreed that the Chairperson should write to the Committee on Procedures setting out the Committee’s position on this issue and its view that a new standing order will be required. The Committee also agreed that the Chairperson should inform the Committee on Procedures that amendments to standing orders will be required as a result of the bill.

Agreed: The Committee agreed that the Chairperson should write to the Ad Hoc Committee to make it aware that it has been agreed that included in the matters that can be referred under standing orders to the Commissioner for investigation will be investigations into any alleged breach by the Attorney General of his duties in respect of Members’ Interests.

8. Correspondence

Members noted correspondence from the Office of the First Minister and deputy First Minister (OFMdFM) in response to the Committee’s recommendation that OFMdFM should introduce an independent process to investigate complaints which allege that a Minister has failed to observe the Pledge of Office in respect of duties set out in the Ministerial Code of Conduct.

Agreed: Following discussion the Committee agreed that the Chairperson should write again to OFMdFM welcoming this development but seeking further clarification on how such an investigation would be investigated. The Committee also agreed that the letter should be copied to OFMdFM Committee together with all related previous correspondence.

Members noted copy correspondence received from the Interim Assembly Commissioner for Standards addressed to a complainant.

9. Any other business

There was no other business.

10. Time, date and place of next meeting

Members noted that should the Ad Hoc Committee raise issues that would need to be considered by the Committee before a substantive answer could be provided then the Committee could be asked to convene at short notice on Wednesday 15 December. Otherwise, the Clerk will inform Members of the date of the next meeting of the Committee in due course.

The Chairperson adjourned the meeting at 2.17pm.

Mr Declan O’Loan MLA
Chairperson, Committee on Standards and Privileges
2nd February, 2011.

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