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Committee on Procedures

MINUTES OF PROCEEDINGS

TUESDAY 14 DECEMBER 2010
ROOM 29, PARLIAMENT BUILDINGS

Present:
Lord Browne (Chairperson)
Mr Billy Leonard MLA
Mr David McClarty MLA
Mr Adrian McQuillan MLA
Mr Ken Robinson MLA

In Attendance:
Mrs Mairead Mageean (Assembly Clerk)
Ms Karagh McGoldrick (Clerical Supervisor)
Ms Sharon Greene (Clerical Supervisor)

Apologies:
None

1.02 p.m. The meeting opened in public session

1. Apologies.

Apologies are detailed above.

2. Draft minutes of meeting on 9 November 2010.

Agreed: The minutes were agreed as drafted for publication on the Assembly website.

3. Matters arising.

None

1.07 p.m. Mr Thomas Burns joined the meeting

4. Inquiry into the participation of the Attorney General in the proceedings of the Assembly, including the views of Parties and the response from the Committee on Standards and Privileges.

The Clerk summarised the views which Parties had provided on how the Attorney General should participate in Assembly proceedings.

Agreed: Members agreed that Annex A was an accurate summary of their positions and that it should be included in the report on the inquiry.

The Chairperson asked members if they wanted Standing Orders to specify where the Attorney General should stand in the Chamber and in what items of business he can participate, or if this detail should be reflected only in the report.

Agreed: Members were content for the detail to be contained only in the report on the inquiry.

The Chairperson referred members to Annex B and suggested that, Rule 4.5 of the Standing Orders of the Scottish Parliament would be an appropriate starting point for drafting Standing Orders as section 27 of the Scotland Act 1998, on which it is based, is very similar to section 25 in the Justice (Northern Ireland) Act.

Agreed: Members agreed the suggestion.

The Clerk summarised the tabled correspondence from the Committee on Standards and Privileges which set out its views on how Members’ interests and the Code of Conduct should apply to the Attorney General. The correspondence also stated that the Committee on Standards and Privileges would be looking at the issue of Assembly privilege which might require a change to Standing Orders in the next mandate.

Agreed: Members noted.

Agreed: Members agreed that the inquiry in relation to the Attorney General will be put on hold until the outcome of the Department of Justice’s consultation on, among other things, the powers of the Attorney General in relation to the Public Prosecution Service is known.

5. Provision of Standing Orders to people outside the Assembly.

The Chairperson asked members to consider a letter from the First Minister and deputy First Minister acknowledging the proposed change to Question Time on Tuesdays and requesting if the Committee would reconsider its earlier decision not to provide hard copies of Standing Orders to anyone outside the Assembly.

Agreed : Members noted the correspondence and agreed to provide hard copies of Standing Orders to five OFMDFM officials.

6. Assembly Questions.

The Chairperson informed members that the Speaker has indicated that he would like the committee to monitor the impact of the amendments agreed on 29 November on Question Time. Information will be brought to future meetings to show the number of questions reached; the number of times Ministers state that they need additional time to answer; how often the Speaker intervenes when Ministers exceed two minutes; and how many members have more than one enquiry in their supplementary question.

Agreed: Members agreed to monitor.

The Clerk summarised the latest information on departmental performance on answering written questions and the findings of the examination of Ministers’ answers to oral questions.

Agreed: Members noted and agreed to continue to monitor.

1.18p.m. Mr Thomas Burns left the meeting.

7. Committee Stage of Bills.

Members considered concerns expressed by the Chairpersons’ Liaison Group about the number of Committees which needed extensions to the Committee Stage of Bills.

The Clerk summarised the paper and members considered the options.

Agreed: Members agreed to hold an inquiry but that it would become part of the programme of work for a new committee in the next mandate.

8. Forward Work Programme.

The Clerk took members through the Forward Work Programme and advised that in view of the decisions taken at the meeting it will need to be revised.

Agreed: The Committee agreed the Forward Work Programme.

9. Correspondence

Members considered correspondence from the Chairperson to the Speaker advising that the Committee had agreed to monitor Ministerial availability and attendance in the Chamber and the Clerk’s minute updating the Justice Committee on the progress with the Inquiry on the Attorney General.

Agreed : Members content to note.

10. Any other business.

The Clerk summarised the tabled letter from Ms Dawn Purvis MLA, about the appropriate use of a Petition of Concern in which she asks the Committee to review Standing Order 28. As Standing Order 28 is derived from s42 of the Northern Ireland Act the Committee considered it unlikely that it could amend the Standing Order.

Agreed: Members agreed that legal advice shout be sought on whether the Standing Order
can be amended without a change to the legislation.

1.18p.m. Lord Morrow joined the meeting

Lord Morrow stated that he did not agree with the decision of the Committee to request legal advice in relation to Standing Orders on Petitions of Concern.

The Committee considered the provision of tea and coffee for Committee meetings.

Agreed : The Committee agreed that tea and coffee is no longer required and that jugs of tap water will suffice.

The Clerk suggested that the Committee might send electronic Christmas cards to witnesses.

Agreed: The Committee agreed.

11. Date, time and place of next meeting.

The next meeting will be held on Tuesday 18 January 2011 at 1.00 pm in Room 144 Parliament Buildings.

1.29 p.m. The Chairperson adjourned the meeting.

Lord Browne
Chairperson, Committee on Procedures
18 January 2011

09 November 2010 / Menu

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