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COMMITTEE FOR JUSTICE
MINUTES OF PROCEEDINGS
THURSDAY, 14 OCTOBER 2010
ROOM 29, PARLIAMENT BUILDINGS

Present:
Lord Morrow MLA (Chairman)
Mr Raymond McCartney MLA (Deputy Chairman)
Lord Browne MLA
Mr Thomas Buchanan MLA
Mr Paul Givan MLA
Mr Alban Maginness MLA
Mr Conall McDevitt MLA
Mr David McNarry MLA
Ms Carál Ní Chuilín MLA
Mr John O’Dowd MLA

In Attendance:
Mrs Christine Darrah (Assembly Clerk)
Mr Vincent Gribbin (Assistant Assembly Clerk)
Mrs Roisin Donnelly (Assistant Assembly Clerk) – for Agenda Item 6
Mr Joe Westland (Clerical Supervisor)
Mr Kevin Marks (Clerical Officer)

The meeting commenced at 2.05 p.m. in public session.

1. Apologies

There were no apologies.

2. Draft minutes of the meeting held on 7 October 2010

Agreed: The Committee approved the draft minutes of the meeting of 7 October 2010.

3. Matters arising

The Committee noted that it was anticipated that the Justice Northern Ireland Bill would be introduced on Monday 18 October and a copy of the Bill and the Explanatory and Financial Memorandum had been provided by Departmental officials.

The Chairman advised Members that a briefing on the Bill had been scheduled for next week’s meeting and proposals for handling the Bill at Committee Stage would also be provided for consideration.

2.08 p.m. Mr Maginness joined the meeting.

2.10 p.m. Mr Buchanan joined the meeting.

4. Briefing by Assembly Researchers on Legal Aid

Tim Moore, Assembly Senior Researcher and Ryan Molloy, Assembly Researcher joined the meeting at 2.11 p.m.

Tim Moore and Ryan Molloy outlined the key points in their research papers on Legal Aid Funding and answered questions from Members regarding Legal Aid developments in Northern Ireland, comparative legal aid expenditure and administration and the NI Legal Services Commission.

Mr Moore and Mr Molloy undertook to provide further information on several isssues.

The Chairman thanked Mr Moore and Mr Molloy for the briefing and they left the meeting.

5. Briefing on the Review of Access to Justice in Northern Ireland

Mr Jim Daniell, Head of the Review of Access to Justice in Northern Ireland and Angela Ritchie, Review Team member joined the meeting at 2.33 p.m.

The officials briefed the Committee on the scope of the Review and answered questions from Members on issues such as the likely areas to be covered during the review, the impact of any budget restrictions, the size and make-up of the Review Team and the overall cost of VHCCs.

3.01 p.m. Mr O’Dowd left the meeting.

3.04 p.m. Mr McNarry joined the meeting.

3.52 p.m. Ms Ní Chuilín left the meeting.

4.00 p.m. Mr McNarry left the meeting.

Alban Maginness placed on record a declaration of interest in relation to his occupation as a barrister.

The Chairman thanked the officials for the briefing and they left the meeting.

Agreed: The Committee agreed that a briefing by Mr Daniell on his preliminary findings should be scheduled into the Work Programme for early 2011.

4.02 p.m. The meeting moved into closed session.

6 . Briefing on the Assembly Bill Process

Ms Sian Woodward, Assembly Bill Clerk, joined the meeting at 4.02 p.m.

Ms Woodward briefed the Committee on the Assembly Bill process and the various stages and answered question from Members.

4.08 p.m. Mr McNarry rejoined the meeting.

4.15 p.m. Mr McNarry left the meeting.

The Chairman thanked Ms Woodward for the briefing and she left the meeting.

4:16 p.m. The meeting moved into closed public session.

7. Proposal for a Statutory Rule (SL1) – PSNI Pensions (Additional Voluntary Contributions) Amendment Regulations 2010

Kathie Walker, Head of Police HR Policy Branch and Antonia Hoskins, Police HR Policy Branch joined the meeting at 4.16 p.m.

The officials briefed the Committee on a proposal to amend the Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993 to close the police additional voluntary contributions scheme for members of the Royal Ulster Constabulary Pensions Scheme 1998 and answered questions from Members.

4.20 p.m. Mr Maginness left the meeting.

4.29 p.m. Mr Givan left the meeting.

Agreed: The Committee agreed that it was content with the proposal for the Statutory Rule.

8. Proposal for a Statutory Rule (SL1) - PSNI & PSNI Reserve (Full-Time) (Severance) (Amendment) Regulations 2010

Ms Walker and Ms Hoskins briefed the a proposal for a Statutory Rule to correct defective drafting identified in the PSNI and PSNI Reserve (Full-Time) (Severance) (Amendment) Regulations 2008 and to correct a typographical error in the PSNI and PSNI Reserve (Full-Time) (Severance) Regulations 2003.

Agreed: The Committee agreed that it was content with the proposal for the Statutory Rule.

The officials left the meeting.

9. Departmental briefing on the Terms of Reference of a proposed Review of Youth Justice

Brian Grzymek, Deputy Director, Criminal Justice Services and Tony Kavanagh, Head of Youth Justice and Probation Unit joined the meeting at 4.31 p.m.

The Departmental officials briefed the Committee on the Terms of Reference for the proposed Review of Youth Justice and answered questions from members on issues such as the make-up of the review team, the budget and timescale for the Review and the terms of reference.

4.34 p.m. Mr Maginness rejoined the meeting.

The Chairman thanked the officials for the briefing and they left the meeting.

Agreed: The Committee agreed that an oral briefing by Include Youth on the proposed Youth Justice Review should be scheduled into the Work Programme at the earliest opportunity.

10. Final Report on Review of Police Injury Award Arrangements

Peter May, Director of Policing and Community Safety, Kathie Walker, Head of Police HR Policy Branch and Clare Brady, Police HR Policy Branch joined the meeting at 5.15 p.m.

5.17 p.m. Mr Givan rejoined the meeting.

The officials briefed Members on the findings and recommendations of the Final Report on the Review of Police Injury Award Arrangements and highlighted the outcomes in relation to the particular issues raised by the Committee.

The Chairman thanked the officials for the briefing and they left the meeting.

Agreed: The Committee agreed to write to the Minister of Justice requestinginformation on the timescales for implementing all of the Review recommendations, on how the issues raised during the stakeholder consultation which were outside the terms of the Review panel would be addressed and a copy of the Review Panel’s findings in relation to progress in March 2011.

11 . Chairman’s Business

None.

12. Correspondence

i. The Committee discussed correspondence from the Minister of Justice regarding the renewal of the direction issued under Section 1A (7) of the Prison Act (NI) 1953 as amended by the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 which gives effect that specified Secretary of State functions are exercisable by Department of Justice officials undertaking prisons or prisons-related functions and a response from the Minister of State, Hugo Swire MP.

Agreed: The Committee agreed to write to the Minister of Justice expressing dissatisfaction that he recommended that the renewal of the direction should next be considered in 12 months time rather than 6 months time without consulting the Committee first and highlighting that the consultation due to take place 3 months before the expiry date in October 2011 will largely fall during the summer recess of the Assembly.

ii. The Committee considered correspondence from the Minister of Justice indicating his intention for the Department of Justice to publish a consultation paper on options for future arrangements between the Public Prosecution Service, the Attorney General and the Assembly.

Agreed: The Committee agreed to forward a copy of the correspondence to the Committee for Procedures.

iii. The Committee considered correspondence from the Department of Justice in response to correspondence from the Committee for the Environment on the Judicial Review of PPS 5.

Agreed: The Committee agreed to forward the response to the Environment Committee.

iv. The Committee noted correspondence from the Northern Ireland Law Commission regarding a Consultation Paper on Bail in Criminal Proceedings.

v. The Committee considered correspondence from the Public Accounts Committee providing the Memorandum of Reply to the PAC report on the Management of Personal Injury Claims.

Agreed: The Committee agreed to forward the correspondence to the Department of Justice.

vi. The Committee considered correspondence from the Committee for Employment and Learning regarding its Inquiry into young people aged 16 to 24 not in education, employment or training (NEET).

Agreed: The Committee agreed to forward the correspondence to the Department of Justice.

vii. The Committee considered correspondence from the Prison Officers Association (POA), Maghaberry Committee seeking a meeting to provide an overview of Maghaberry Prison and discuss a number of concerns.

Agreed: The Committee agreed to hold an informal meeting with the Prison Officers Association Maghaberry Committee.

viii. The Committee considered correspondence from the Rainbow Project in relation to the Programme for Cohesion, Sharing and Integration consultation.

Agreed: The Committee agreed to forward the correspondence to the Committee for the office of the First and deputy First Minister for information.

ix. The Committee considered a report by Criminal Justice Inspection Northern Ireland on an inspection of Prison Escort and Court Custody arrangements in Northern Ireland.

Agreed: The Committee agreed that arrangements should be made for the Chief Inspector to attend a meeting to outline the key findings and recommendations and Departmental officials should also attend to outline the action being taken in response.

13. Any Other Business

The Committee considered a request by some of the victims of the Donagh case to meet with them once the two independent inquiries currently being conducted were completed.

Agreed: The Committee agreed that such a meeting should take place and that further consideration should be given to appropriate arrangements being put in place for all those victims who wished to participate in such a meeting.

14. Date and Time of next Meeting

The next meeting will be held on Thursday 21 October 2010 at 2.00 p.m. in the Senate Chamber, Parliament Buildings.

5.37 p.m. The Chairman adjourned the meeting.

Lord Morrow of Clogher Valley MLA
Chairman, Committee for Justice
21 October 2010

07 October 10 / Menu

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