Northern Ireland Assembly Flax Flower Logo

ASSEMBLY AND EXECUTIVE REVIEW COMMITTEE

MINUTES OF PROCEEDINGS
TUESDAY, 16 OCTOBER 2007
THE SENATE CHAMBER, PARLIAMENT BUILDINGS


Present: Rt Hon Jeffrey Donaldson, MP (Chairperson)
Mr Raymond McCartney (Deputy Chairperson)
Mr Alex Attwood
Mrs Carmel Hanna
Mr Danny Kennedy
Mr Nelson McCausland
Mr Ian McCrea
Mr Alan McFarland
Mr John O’Dowd
Mr George Robinson

In Attendance: Mrs Debbie Pritchard (Principal Clerk)
Mr Stephen Graham (Assembly Clerk)
Ms Sinead Nash (Assistant Clerk)
Mr Keith McBride (Clerical Supervisor)
Ms Lynn Gray (Clerical Officer)

Apologies: Ms Carál Ní Chuilín

The meeting opened at 10:30am in public session.

1. Apologies

Apologies are detailed above.

2. Draft Minutes of Proceedings of meeting held on 9 October 2007

Agreed: The Committee agreed the minutes of the meeting held on 9 October 2007.

3. Chairperson’s Business

3.1 Lunch with the NI Affairs Committee

Members noted that a working lunch has been arranged with the NI Affairs Committee in the Members Private Dining Room from 1pm until 2pm.

Members received a briefing pack provided for the meeting.

3.2 Multiple Mandates

Members noted that responses have been received from the DUP and the UUP regarding the issue of multiple mandates.

Agreed: That those parties still to respond should be encouraged to do so.

3.3 Letter to the Secretary of State’s Office

Members noted that a copy of the Clerk’s letter of 8 October to the Secretary of State regarding outstanding policing and justice matters was issued to Members in this week’s pack.

4. Inquiry into Devolution of Policing and Justice Matters

The following interests were declared:

Jeffrey Donaldson:
 Member, Her Majesty’s Privy Council
 Member, Northern Ireland Policing Board

George Robinson:
 Member, Limavady District Policing Partnership

4.1 Oral evidence from the Progressive Unionist Party

Members heard oral evidence from the leader of the Progressive Unionist Party Mrs Dawn Purvis and party colleagues, Mr David Rose and Mr Stuart Finn. This session was recorded by Hansard.

10:51 Carmel Hanna joined the meeting

10:52 Alex Attwood joined the meeting

10:56 Danny Kennedy joined the meeting

10:58 Ian McCrea joined the meeting

11:09 Nelson McCausland joined the meeting

4.2 Oral evidence from the Alliance Party

Members heard oral evidence from the leader of the Alliance Party Mr David Ford and party colleague Dr Stephen Farry. This session was recorded by Hansard.

11:16 Alex Attwood left the meeting

11:26 Alex Attwood joined the meeting

11:28 Alex Attwood left the meeting

4.3 Oral evidence from the Public Prosecution Service

Members heard oral evidence from the Director of the Public Prosecution Service Sir Alastair Fraser and his colleagues Mr Raymond Kitson (Senior Assistant Director) and Mr Ian Hearst (Assistant Director). This session was recorded by Hansard.

Members discussed the evidence given by the Public Prosecution Service.

Agreed: That a paper be provided on the justice models in England and Wales which explains the relationship between the relevant government departments, the Court Service and the Crown Prosecution Service.

5. Matters Arising

5.1 Inquiry into the Devolution of Policing and Justice

This session was recorded by Hansard.

12:32 John O’Dowd left the meeting

Members gave further consideration to the following matters.

12:34 Danny Kennedy left the meeting

5.1.1 Public Order

(Para 10 Schedule 3 to the Northern Ireland Act 1998)

Members noted the briefing paper provided at Tab 2 of their packs regarding indicative models and safeguard mechanisms in relation to handling of issues such as the Parades Commission and 50:50 recruitment to the PSNI.

Parades Issues

Members noted that an interim report is expected on the ‘Strategic Review of Parading’ at the end of the year with final recommendations to follow in Spring 2008.
Agreed: There were diverse opinions about the transfer of ‘appointments to the Parades Commission and its operation’ and there was no consensus about whether this should continue to be a ‘reserved’ matter.

Future powers of the army to support the Police

Members noted that the Clerk has written to the NIO for clarification on this issue.
Agreed: That the Committee will consider this matter further when a response has been received from the NIO.

5.1.2 The Police and the Policing Accountability Framework

(Para 11 Schedule 3 to the Northern Ireland Act 1998)
Members discussed the transfer of powers in relation to the issue of 50:50 temporary recruitment to the PSNI.
Agreed: There were diverse opinions about the transfer of ‘50:50 temporary recruitment provisions’ and there was no consensus about whether this should continue to be a ‘reserved’ matter.

5.1.3 Co-operation between the PSNI and the Garda Siochána in relation to a specific series of matters

(Para 11 Schedule 3 to the Northern Ireland Act 1998)
Members noted the briefing paper provided at Tab 3 of their packs which confirms the list of matters to be transferred as described in the Miscellaneous Provisions Act 2006.
Agreed:
- That the matters described in the Northern Ireland Office Discussion Document (February 2006) should be transferred.
- There were diverse opinions about the transfer of those matters which are ‘excepted’ and there was no consensus on seeking an amendment to the Northern Ireland Act 1998 to allow for a request to be made by the Assembly for the transfer of these ‘excepted’ matters.

5.1.4 Firearms and explosives

(Para 12 of Schedule 3 to the Northern Ireland Act 1998)

Members discussed the issue of devolution of legislative and administrative responsibility for prohibited firearms.

Agreed:
- That responsibility for policy development, legislation and general oversight of ‘non-prohibited’ firearms should be devolved.
- There were diverse opinions about the transfer of responsibility for ‘prohibited firearms’.
- That the Clerk prepare a paper on the devolution of power in relation to ‘prohibited firearms’ in Scotland and England and Wales.
- That the Committee will consider the issue of ‘prohibited firearms’ at a later date.

6. Draft Press Release

Members agreed the terms of the press release.

7. Any Other Business

Members noted that a briefing paper will be provided in time for the next meeting to facilitate discussion on options for Ministerial models.
Members noted that a research paper on the Court Service models in Scotland and the Republic of Ireland together with additional information supplied by the Lord Chief Justice and the Northern Ireland Court Service would be amongst the papers provided for the next meeting.

8. Date, time and place of next meeting

The next meeting will be held on Tuesday, 23 October at 11.00am in Room 144, Parliament Buildings.

The Chairperson adjourned the meeting at 12.58 pm.


RT HON JEFFREY DONALDSON, MP
Chairperson, Assembly and Executive Review Committee
23 October 2007

09 October 07 / Menu