Committee for Justice
Minutes of Proceedings 24 February 2022
Present:
Mr Mervyn Storey MLA (Chairperson)
Mr Peter Weir MLA
Present by Video or Teleconference:
Ms Sinéad Ennis MLA (Deputy Chairperson)
Mr Doug Beattie MLA
Ms Sinéad Bradley MLA
Ms Jemma Dolan MLA
Ms Rachel Woods MLA
Apologies:
Mr Robin Newton MLA
Ms Emma Rogan MLA
In Attendance:
Mrs Christine Darrah (Assembly Clerk)
Mrs Kathy O’Hanlon (Senior Assistant Clerk)
Mrs Clairita Frazer (Assistant Assembly Clerk)
Mr Stephen Corr (Clerical Supervisor)
The meeting commenced at 2:34 p.m. in public session.
Agreed: The Committee agreed that the consideration of amendments to the Justice (Sexual Offences and Trafficking Victims) Bill session should be reported by Hansard.
1. Apologies
As above.
The Chairperson informed the Committee that, under Standing Order 115(6), Emma Rogan MLA had delegated authority to the Deputy Chairperson, Sinéad Ennis MLA, to vote on her behalf who had in turn delegated her votes to Jemma Dolan in the event that she needed to leave the meeting, Robin Newton MLA had delegated authority to him to vote on his behalf and Peter Weir MLA had delegated authority to him to vote on his behalf when he left the meeting.
2. Draft Minutes
Agreed:The Committee agreed the minutes of the meeting held on 15 February 2022.
Agreed:The Committee agreed the minutes of the meeting held on 17 February 2022.
3. Matters Arising
Items 1 – 3 and Item 5 - Commencement of Provisions of the Domestic Abuse and Civil Proceedings Act
Doug Beattie MLA joined the meeting at 2:36 p.m.
Sinéad Bradley MLA joined the meeting at 2:37 p.m.
The Committee noted correspondence from the Minister of Justice outlining the arrangements for commencement of the main provisions of the Domestic Abuse and Civil Proceedings Act including the new domestic abuse offence which came into operation on 21 February 2022 and the Section 28 waiver of the legal aid financial eligibility test for victims of domestic abuse which was commenced on 22 February 2022, a copy of her written statement to the Assembly on the new offence and the Commencement Order laid in the Assembly.
The Chairperson welcomed the operationalisation of the new offence and legal aid waiver and paid tribute to current and former Committee Members, Committee staff, the Minister of Justice and departmental officials and other Assembly staff involved in progressing the legislation to this stage.
Item 4 – Committee for Agriculture, Environment and Rural Affairs – Response regarding the Domestic Abuse Information Sharing with Schools etc. Regulations (Northern Ireland) 2022 (Operation Encompass)
The Committee noted correspondence from the Committee for Agriculture,
Environment and Rural Affairs providing information from the Department for
Agriculture, Environment and Rural Affairs on the training implications for the College of Agriculture, Food and Rural Enterprise to implement the Information Sharing with Schools etc. Regulations and the establishment of protocols with the PSNI.
Item 6 – Committee Visit to the PSNI CyberCrime Unit
The Committee noted the draft programme for the visit to the PSNI CyberCrime Unit scheduled to take place on Thursday 3 March 2022.
Agreed: The Committee agreed that Members should advise the Committee Clerk if they intended to participate in the visit as soon as possible to enable arrangements to be finalised.
4. Justice (Sexual Offences and Trafficking Victims) Bill - Consideration of the Text of Amendments Provided by the Department of Justice
The following officials joined the meeting at 2:42 p.m.
Brian Grzymek, Deputy Director, Criminal Justice Policy and Legislation Division, Department of Justice
Lorraine Ferguson, Head of Criminal Policy Unit, Department of Justice
Peter Weir MLA left the meeting at 2:45 p.m.
The Committee considered the text of amendments to Clause 1, to provide for an offence of cyberflashing, information on the position regarding a corrective amendment to the Committee’s amendment to what is now Clause 5 of the Justice (Sexual Offences and Trafficking Victims) Bill and the text of a number of technical, corrective amendments provided by the Department of Justice in correspondence dated 23 and 24 February 2022.
The departmental officials provided clarification and further information on the proposed amendments.
The oral evidence session was reported by Hansard.
Agreed: The Committee agreed to bring forward the amendments to Clause 1 at Further Consideration Stage of the Justice (Sexual Offences and Trafficking Victims)
Bill.
Agreed: The Committee agreed to bring forward the amendments to provide for an offence of Cyberflashing at Further Consideration Stage of the Justice (Sexual Offences and Trafficking Victims) Bill.
The Committee noted the information provided and the position regarding a potential corrective amendment to the payment definition amendment made a Consideration Stage and the text of the technical corrective amendments to be brought forward by the Department of Justice at Further Consideration Stage of the Justice (Sexual Offences and Trafficking Victims) Bill.
The Chairperson thanked the officials for their attendance and, on behalf of the
Committee, expressed appreciation to Brian Grzymek for his work with the Committee, particularly in the past two years on the various Bills, and wished him well for his pending retirement.
5. Role of the Independent Monitoring Board (IMB) in relation to the NI Prison
Service Care and Supervision Units - Oral evidence session with Representatives of the IMB
The following representatives joined the meeting at 3:30 p.m.
Patsy McGonagle, Chairperson, Independent Monitoring Board, Executive Council
John Denvir, Vice Chairperson, Independent Monitoring Board, Executive Council
Mr McGonagle and Mr Denvir outlined the role of the IMB in general and specifically in relation to the NI Prison Service Care and Supervision Units and highlighted a number of issues in relation to the support provided to the IMB by the Department and recruitment and training of Members.
Doug Beattie MLA left the meeting at 3:34 p.m.
The Committee placed on record its appreciation of the work carried out by the Members of the Independent Monitoring Boards.
The oral evidence was followed by a question and answer session.
The Chairperson indicated that it would be very helpful if the IMB would provide a copy of its Annual Report each year to the Committee going forward.
The Chairperson thanked the representatives for their attendance.
Agreed: The Committee agreed to seek further information and clarification from the Department of Justice on a number of issues discussed during the session in relation to the IMBs.
6. SL1 - Police Pensions (Amendment) Regulations (Northern Ireland) 2022 - Oral evidence session with Departmental Officials
The following officials joined the meeting at 4:43 p.m.
Lynne Curran, Head of Police Powers & Human Resources Policy Branch, Department of Justice
Antonia Hoskins, Pensions Policy, Police Powers and Human Resources Policy Branch, Department of Justice
The officials outlined the background to and purpose of a proposal for a Statutory Rule to amend the 2015 Police Pension Regulations to ensure that the prospective part of the McCloud judgement remedy could be implemented.
The oral evidence was followed by a question and answer session.
The officials agreed to provide further information on one issue raised during the session.
The Chairperson thanked the officials for their attendance.
Agreed: The Committee agreed that it was content with the proposal for the Statutory Rule.
7. Draft Supplementary Legislative Consent Motion - Police, Crime, Sentencing and Courts Bill - Draft Committee Report
The Committee considered the draft report on its consideration of the Draft Supplementary Legislative Consent Motion for the Police, Crime, Sentencing and Courts Bill.
Title Page, Table of Contents Page, Committee Membership and Powers Page, and List of Abbreviations Page
The Committee considered the Title Page, the Committee Membership and Powers Page, the Table of Contents Page and the Abbreviations Page as drafted.
Agreed: The Committee agreed that it was content with the Title Page, Committee Membership and Powers Page, Table of Contents Page and List of Abbreviations Page.
Background Section
The Committee considered the Background section of the report (paragraphs 1 to 6) as drafted.
Agreed: The Committee agreed that it was content with the Background section of the report.
Purpose of the Legislative Consent Motion Section
The Committee considered the Purpose of the Legislative Consent Motion section of the report (paragraphs 7 to 10) as drafted.
Agreed: The Committee agreed that it was content with the Purpose of the Legislative Consent Motion section of the report.
Committee Consideration of the Legislative Consent Motion Section
The Committee considered the Committee Consideration of the Legislative Consent Motion section of the report (paragraphs 11 to 30) as drafted.
Agreed: The Committee agreed that it was content with the Committee Consideration of the Legislative Consent Motion section of the report.
Conclusion Section
The Committee considered the Conclusion section of the report (paragraph 31) as drafted.
Agreed: The Committee agreed that it was content with the Conclusion section of the report.
Appendices
The Committee considered Appendices 1 to 4 of the report.
Agreed: The Committee agreed that it was content that the Appendices be included in the report.
Agreed:The Committee agreed that it was content for the Chairperson to clear the Minutes of Proceedings of this meeting for inclusion in Appendix 1 of the report. They will then be replaced by the final version of the Minutes of Proceedings once agreed by the Committee.
Agreed: The Committee agreed that it was content for its Report on the Draft
Supplementary Legislative Consent Motion for the Police, Crime, Sentencing and Courts Bill to be published and issued to all MLAs and the Minister of Justice.
8. SL1 - The Rehabilitation of Offenders (Amendment) Order (Northern Ireland) 2022
The Committee considered additional information provided by the Department of Justice in relation to a proposal for a Statutory Rule, which will be subject to the draft affirmative resolution procedure, to amend the Rehabilitation of Offenders (Northern Ireland) 1978 Order to reduce the length of time that it will take for some convictions to become spent and to allow more sentences to be capable of becoming spent.
Agreed: The Committee agreed that it was content with the proposal for the Statutory Rule.
9. SL1 - Judicial Pensions Regulations (Amendments to the Northern Ireland Judicial Pension Scheme to ensure parity with its England and Wales counterparts)
The Committee considered a proposal for a Statutory Rule, which is subject to the negative resolution procedure, to support the provisions in the Public Service Pension and Judicial Offices Bill which seeks to implement the McCloud remedy and facilitate the creation of a new UK wide pension scheme for eligible judiciary, including eligible members of the Northern Ireland devolved judiciary. The Statutory Rule will make required amendments to the 2015 Scheme in light of the age discrimination remedies in the Bill and a number of technical amendments.
Agreed: The Committee agreed that it was content with the proposal for the Statutory Rule.
10. SL1 - The Court of Judicature (Non-Contentious Probate) Fees
(Amendment) Order (Northern Ireland) 2022
The Committee considered a proposal for a Statutory Rule which will correct a previous drafting oversight in the Non-Contentious Fees Order relating to the fee charged for a certificate/sealed copy of a probate grant. The amendment will make provision for a fee of £14 to be applied in the non-contentious probate area to cover the administrative costs associated with the production of the certified or sealed copy of a grant.
The Committee noted that this Order is specifically excluded from being subject to the negative resolution procedure but the Department of Justice is endeavouring to comply with the conventions applicable to such a procedure.
Agreed: The Committee agreed that it was content with the proposal for the Statutory Rule.
Sinéad Ennis MLA left the meeting at 5:13 p.m.
11. SL1 - The County Court Fees (Amendment) Order (Northern Ireland) 2022
12. SL1 - The Magistrates' Courts Fees (Amendment) Order (Northern Ireland) 2022
The Committee considered proposals for two Statutory Rules, which are not subject to any Assembly procedure, which will prescribe fees for new licensing applications which can be brought to the County Court and the magistrates’ court as a consequence of the Licensing and Registration of Clubs (Amendment) Act 2021. The proposals cover applications to specify any part of premises as suitable for the sale of alcohol, extension applications, repealing of all fees associated with children’s certificates and authorisation of underage functions (with conditions met).
The Committee noted that the Department would not be able to comply with the 21day rule due to the timescale associated with the Department for Communities plans for the implementation of the second phase of the licensing reforms on 1 April 2022.
Agreed: The Committee agreed that it was content with the proposals for the two Statutory Rules.
13. Phase 2 of the Review of the PSNI Injury Benefit Scheme – Update
The Committee noted information provided by the Department of Justice on the position in relation to Phase 2 of the implementation of the recommendations in the Northern Ireland Audit Office Report on the Injury on Duty Schemes for officers in the Police Service of Northern Ireland and the Northern Ireland Prison Service which includes the launch of a consultation in late Spring on any proposed changes to the Scheme.
14. Proposals Arising from the Third Statutory Review of the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 - Proposed Consultation
The Committee considered information provided by the Department of Justice in relation to a consultation on the initial findings of the third Statutory Review of the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 as amended and noted the consultation document.
Agreed: The Committee agreed to seek clarification from the Department of Justice that the potential impact of reduced resources for legal aid in the context of the draft 2022-25 Budget had been taken into account when considering and developing the consultation.
15. Registered Intermediary Support in the Civil and Family Courts - Proposed Consultation
The Committee considered information provided by the Department of Justice in relation to a consultation on the merits of extending Registered Intermediary Support to the Civil and Family Courts and how any future scheme could operate to best effect and noted the consultation document.
Agreed: The Committee agreed to seek an update from the Department of Justice on the delivery of the actions in the Civil Justice Modernisation Delivery Plan.
16. Chairpersons' Liaison Group Draft Report on Strengthening Committee Scrutiny
The Committee considered the Chairpersons' Liaison Group Draft Report on Strengthening Committee Scrutiny and noted that the draft report had also been provided to the Political Parties for views and comments on the recommendations.
Agreed: The Committee agreed that extending the core remit of Hansard to include covering oral evidence sessions on Subordinate Legislation, Budget scrutiny and Programme for Government scrutiny would assist and improve Committee scrutiny and this should be considered within the context of reasonable costs.
17. Correspondence
i. The Committee considered a response from the Minister of Health regarding steps being taken to address the workforce shortage of social workers.
Agreed: The Committee agreed to provide a copy of the response to the Probation Board for Northern Ireland for information given the issue had been raised during the oral evidence session on its draft 2022-25 Budget at the meeting on 3 February 2022.
ii. The Committee considered a response from the Northern Ireland Commissioner for Children and Young People providing views and comments on the Draft Strategic Framework for Youth Justice and related action plan.
Agreed: The Committee agreed to note the response and consider it further when the responses from the children’s organisations were available.
The Committee noted the following:
iii. A copy of a response from the Minister of Justice to the Committee for Finance regarding an extension to the Coronavirus Act provisions in respect of death certification and registration by way of subordinate legislation.
iv. A response from the Department of Justice regarding preparatory work planned in advance of the new mandate in respect of legislation on court approval of minor settlements.
v. Correspondence from the Department of Justice advising that the Minister of Justice would commence the extra-territorial jurisdiction provisions for Northern Ireland of the Domestic Abuse Act 2021 on 21 February 2022.
vi. A response from the NI Assembly Director of Corporate Services outlining that the eLearning package on the new Domestic Abuse Offence had been launched on 16 February 2022 and was available to Assembly staff.
vii. The Second Report from the United Kingdom Constitution Monitoring Group on ‘The Constitution in Review’ for the period 1 July – 31 December 2021.
18. Chairperson’s Business
The Chairperson advised the Committee that the Assembly Speaker had written to all Committees regarding the management of the legislative pressures facing the Assembly before the end of the current mandate.
The Committee noted the current position regarding Executive and Private Members’ Bills and the scheduling of additional Plenary sittings.
19. Any Other Business
The guidance and training to be provided for the PSNI and the Public Prosecution Service in relation to the implementation of the new Stalking Offence and Stalking Protection Orders was raised.
Agreed: The Committee agreed to request information from the Department of
Justice and from the PSNI on the current position regarding the provision of guidance and training in advance of the new Stalking Offence and Stalking Protection Orders coming into operation once the Protection from Stalking Bill has received Royal Assent.
20. Date, Time and Place of the next meeting
The next meeting will be held on Thursday 3 March 2022 at 2:00 p.m. in Room 30, Parliament Buildings.
Agreed: The Committee agreed that the meeting would move into closed session in accordance with normal protocol to receive advice from the Assembly Bill Clerk on potential amendments to the Justice (Sexual Offences and Trafficking Victims) Bill.
The meeting moved into closed session at 5:27 p.m.
21. Justice (Sexual Offences and Trafficking Victims) Bill – Potential Committee Amendments to the Abuse of Trust Provision
Ms Stephanie Mallon, Assembly Bill Clerk, attended the meeting to provide advice on potential amendments to the abuse of trust provision in the Justice (Sexual Offences and Trafficking Victims) Bill.
The Chairperson thanked Ms Mallon for her advice.
The Committee returned to public session at 5:55 p.m.
Agreed: The Committee agreed to bring forward amendments to Clause 3 of the Justice (Sexual Offences and Trafficking Victims) Bill to extend the abuse of trust position to include tuition and youth activities in an individual or a group setting and related consequential amendments and to provide for a review mechanism placing an obligation on the Department of Justice to review annually Article 29A (1) to 2(B) of the Sexual Offences (Northern Ireland) Order 2008 as to inform the Department on whether the power in Article 29A (4) of that Order should be exercised.
Agreed: The Committee agreed to advise the Minister of Justice of the amendments it intends to bring forward at Further Consideration Stage of the Justice (Sexual Offences and Trafficking Victims) Bill and provide the text of the amendments.
The meeting was adjourned at 5:58 p.m.
