Minutes of Proceedings

Session: 2010/2011

Date: 10 November 2010

ROOM 144, PARLIAMENT BUILDINGS

Present:
Mr Declan O’Loan (Chairperson) 
Mr Willie Clarke (Deputy Chairperson) 
Mr Sydney Anderson 
Reverend Robert Coulter 
Mr Paul Frew 
Mr Paul Maskey 
Mr Ian McCrea 
Mr Alastair Ross 
Mr Brian Wilson

In Attendance:
Mr Paul Gill (Assembly Clerk)
Mr Jonathan McMillen (Assistant Legal Adviser) Agenda item 6
Mr Ray McCaffrey (Assembly Researcher) Agenda item 6
Ms Hilary Bogle (Assistant Clerk) 
Mr Michael Greer (Clerical Supervisor)
Mr Christopher McNickle (Clerical Officer)

Apologies:
Mr Billy Armstrong
Mr Mickey Brady

The meeting commenced at1.19pm in open session.

Chairperson’s Introduction

The Chairperson welcomed Members to the meeting.

The Chairperson informed the Committee that Mr Billy Armstrong has replaced Mr George Savage as a new member of the Committee.

Agreed: The Committee agreed that the Chairperson should write to Mr Savage thanking him for his contribution to the Committee.

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.

Members noted the declared interests of Mr Armstrong which were tabled.

3. Draft minutes of the meeting held on 20 th October 2010

Agreed: The draft minutes of the meeting held on 20 th October 2010 were agreed by the Committee.

4. Matters arising

There were no matters arising.

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

The Clerk updated the Committee on the Final Bill.

Members noted that the Bill had been forwarded to the Speaker and the consent of the Secretary of State was being sought. Members also noted that it was possible that the Bill would be introduced to the Assembly on Monday 15 th November 2010 and what this would mean for the timing of second stage and the establishment of an Ad Hoc Committee.

Agreed: The Committee agreed the draft Press Release.

Agreed: The Committee agreed the draft Public Notice.

Agreed: The Committee agreed that should the Ad Hoc Committee call for the Committee to give evidence on the Bill that the Chairperson should attend with the Clerk in support.

1.30pm Mr Clarke joined the meeting.

Agreed: The Committee noted the provision in the bill in relation to former members and agreed that an amendment should be prepared for its consideration to provide for the Commissioner to have similar powers in relation to former members as the Scottish and Welsh Commissioners.

Agreed: The Committee agreed that the Clerk should prepare some background on the issue of Director of Public Prosecution Consent for consideration at the next meeting.

Agreed: The Committee agreed that the Clerk should continue to scrutinise the Bill with Legal Services and should bring any further suggested amendments to the Committee’s attention at the next meeting.

Agreed: Following discussion, the Committee agreed that the Clerk should make enquiries as to the number of Members who should sit on the Ad Hoc Committee.

1.34pm The Committee moved into closed session.

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

Members noted correspondence from the Committee on Procedures, an Assembly Research Paper and Legal Advice.

The Chairperson welcomed Mr Ray McCaffrey, Assembly Research and invited him to brief the Committee on his Research Paper.

Following discussion, the Chairperson thanked Mr McCaffrey for attending the meeting.

1.44pm Mr Anderson left the meeting.

The Chairperson welcomed Mr Jonathan McMillen and invited him to brief the Committee on the Legal Advice.

Following discussion, the Chairperson thanked Mr McMillen for attending the meeting.

The Clerk summarised the issues which the Committee needed to consider and agree.

Agreed: The Committee provisionally agreed that specific rules on Members’ interests in respect of the Attorney General should be defined and that provision should be made in Standing Orders for these rules.

Agreed: The Committee agreed that it would not be appropriate for the Assembly’s Code of Conduct to be applied wholesale to the Attorney General.

Agreed: The Committee provisionally agreed with the principle that the Northern Ireland Assembly Commissioner for Standards should be able to carry out investigations into any alleged breach by the Attorney General of his duties in respect of Members’ interests and report to the Committee on Standards and Privileges.

Agreed: The Committee agreed that the Chairperson should write to the Attorney General to seek his views before final decisions were taken on these matters.

1.54pm The Committee returned to open session.

7. Correspondence

Members noted correspondence from a member of the public relating to an employment complaint made against the Assembly Commission.

8. Any other business

There was no other business.

9. Time, date and place of next meeting

The next meeting of the Committee will take place on Wednesday, 1 st December 2010 at 1.15pm in Room 144. Lunch will be available at 1.00pm. The Chairperson concluded by expressing his appreciation to the staff who have been involved in the preparation of the Bill.

The Chairperson adjourned the meeting at 1.56pm.

Mr Declan O’Loan MLA
Chairperson, Committee on Standards and Privileges
8th December, 2010.

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