Minutes of Proceedings
Session: 2010/2011
Date: 21 September 2010
ROOM 144, PARLIAMENT BUILDINGS
Present:
Mr Declan O’Loan (Chairperson)
Mr Willie Clarke (Deputy Chairperson)
Rev Dr Robert Coulter
Mr Paul Frew
Mr Paul Maskey
Mr Ian McCrea
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 Sydney Anderson
Mr Mickey Brady
Mr George Savage
The meeting commenced at 1.15pm in open session.
Chairperson’s Introduction
The Chairperson welcomed Members to the meeting.
The Chairperson also welcomed Mr Paul Frew and Mr Ian McCrea as new members of the Committee replacing Mr Trevor Clarke and Mr Thomas Buchanan.
The Committee noted that Mr Sydney Anderson would be replacing Mr Allan Bresland as a member of the Committee.
Agreed: The Committee agreed that the Chairperson should write to Mr Bresland, Mr Clarke and Mr Buchanan thanking them for their contribution to the Committee.
Agreed: The Committee agreed that today’s meeting should commence in open session and move to closed session for agenda items 6 to 10.
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 Sydney Anderson, Mr Paul Frew and Mr Ian McCrea which were tabled.
3. Draft minutes of the meeting held on 29th June 2010
Agreed: The draft minutes of the meeting held on 29th June 2010 were agreed by the Committee.
4. Matters arising
There were no matters arising.
5. Periodic Report – Interim Assembly Commissioner for Standards
The Chairperson welcomed Dr Tom Frawley, Interim Assembly Commissioner for Standards and Mr John MacQuarrie, Director for Standards and Special Projects, Ombudsman’s Office and invited Dr Frawley to present his Report to the Committee.
Agreed: The Committee noted the Periodic Report and agreed that it should be placed on the Assembly website.
The Chairperson invited Dr Frawley and Mr MacQuarrie to remain in the meeting for the discussion on the next five items of business.
1.28pm The Committee moved into closed session.
6. Correspondence from the Interim Assembly Commissioner for Standards on a complaint against a Member
Members noted the contents of correspondence received from the Interim Assembly Commissioner for Standards on a complaint against a Member.
The Chairperson invited Dr Frawley, Interim Assembly Commissioner for Standards to make a short presentation to the Committee.
Following the presentation Dr Frawley answered a number of questions from the Committee. Dr Frawley confirmed that he considered that the complaint was admissible but that no further action should be taken as it related to matters which had been considered substantially on previous occasions by the Committee.
Agreed: After Dr Frawley and Mr MacQuarrie left the meeting, the Committee discussed the correspondence and agreed with the Interim Commissioner’s conclusions.
Agreed: The Committee agreed that the Clerk should write to the Member complained of and the complainant informing them of the Committee’s decision and enclosing a copy of the Interim Commissioner’s correspondence.
7. Correspondence from the Interim Assembly Commissioner for Standards on a complaint against a Member
Members noted the contents of the correspondence received from the Interim Assembly Commissioner for Standards on a complaint against a Member.
1.50pm Mr Frew left the meeting.
The Chairperson invited Dr Tom Frawley, Interim Assembly Commissioner for Standards to make a short presentation to the Committee.
Following the presentation Dr Frawley answered a number of questions from the Committee. Dr Frawley confirmed that he considered that the complaint was admissible but that no further action should be taken as it related to matters which had been considered substantially on previous occasions by the Committee.
Agreed: After Dr Frawley and Mr MacQuarrie left the meeting, the Committee discussed the correspondence and agreed with the Interim Commissioner’s conclusions.
Agreed: The Committee agreed that the Clerk should write to the Member complained of and the complainant informing them of the Committee’s decision and enclosing a copy of the Interim Commissioner’s correspondence.
1.58pm Mr Maskey left the meeting.
8. Correspondence from the Interim Assembly Commissioner for Standards on three complaints against a Member
Members noted the contents of the correspondence received from the Interim Assembly Commissioner for Standards on three complaints against a Member.
The Chairperson invited Dr Tom Frawley, Interim Assembly Commissioner for Standards to make a short presentation to the Committee.
Following the presentation Dr Frawley answered a number of questions from the Committee. Dr Frawley confirmed that he considered the complaints to be inadmissible as they were essentially allegations that fell within the scope of the Ministerial Code of Conduct and did not overlap with the conduct and duties of a Member.
The Chairperson thanked Dr Frawley and Mr MacQuarrie for attending the meeting.
Agreed: After Dr Frawley and Mr MacQuarrie left the meeting, the Committee discussed the correspondence and agreed with the Interim Commissioner’s conclusions. The Chairperson, however, asked that the record reflect that he did not share the Interim Commissioner’s views on the inadmissibility of the complaints.
Agreed: The Committee agreed that the Clerk should write to the Member complained of and the complainants informing them of the Committee’s decision and enclosing a copy of the Interim Commissioner’s correspondence.
The Committee noted comments made by the Committee on Standards in Public Life in its Annual Review and Report which recommended that the Northern Ireland Executive should establish a formal mechanism for the independent investigation of any future alleged breaches of the Ministerial Code and that the reports of any such investigations should be made publicly available.
The Committee further noted that the Interim Assembly Commissioner for Standards had highlighted in his Periodic Report that confusion can arise where a complaint centres on actions taken when a Member is fulfilling their Ministerial role. The Interim Commissioner had also stated that it may be appropriate for the Committee to ask the authority with responsibility for application of the Ministerial Code to address this situation.
Agreed: The Committee agreed that the Clerk should draft a letter to the Office of the First Minister and deputy First Minister highlighting this issue and that the Committee would consider the draft letter at the next meeting of the Committee.
2.50pm Mr McCrea left the meeting
2.55pm The Committee returned to open session.
9. Draft End of Session Report
Agreed: The Committee agreed the draft End of Session Report as amended which will be placed on the Assembly website.
2.57pm Mr McCrea returned to the meeting.
10. Application for an All-Party Group on Co-operatives and Mutuals
Mr Wilson declared an interest in the All-Party Group on Co-operatives and Mutuals.
Agreed: The Committee approved the application for an All-Party Group on Co-operatives and Mutuals.
11. Draft Forward Work Plan
Agreed: The Committee agreed the draft Forward Work Plan.
12. Any other business
There was no other business.
13. Time, date and place of next meeting
The next meeting of the Committee will take place on Wednesday, 29 th September 2010 at 1.00pm in Room 144. Lunch will be available at 12.45pm.
The Chairperson adjourned the meeting at 3.02pm.
