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REPORT ON THE PROPOSAL FOR A DRAFT CRIMINAL INJURIES COMPENSATION (NI) ORDER 2001 (Continued) Proposed legislative arrangements for paying compensation to victims of violent crime On 28 June 2001, the Minister for Victims, Des Browne, announced the Government’s proposals for new legislative arrangements for paying compensation to victims who have suffered personal injury as a result of violent crime. The key features of the proposed new arrangements are:
These proposals are included within the draft Criminal Injuries Compensation (NI) Order 2001 and the draft Northern Ireland Criminal Injuries Compensation Scheme 2002. COMMITTEE’S CONSIDERATION OF THE PROPOSALS Following consideration of the proposals in some detail, the Committee concluded that there were positive aspects as well as a number of areas that gave the Committee concern. The Committee welcomed the sensitivity and inclusiveness of some of the proposals, notably the bereavement support payment and the wider eligibility for psychological injuries. However, on balance the Committee felt that these proposals were not in the best interests of the victims of violent crime. They felt that the introduction of a Tariff system was simply a cost-saving exercise that would leave many of the more seriously injured victims under-compensated. The Committee’s recommendations are set out overleaf. Committee’s recommendations
Background to the Report Introduction 1. This is a Report made by the Ad hoc Committee to the Assembly, pursuant to the resolution of the Assembly on Monday, 10 September 2001. The Report describes the work of the Committee over the period 17 September to 13 November 2001. Remit of the Committee 2. As agreed by the Assembly, the Committee had the following function: To consider the proposal for a draft Criminal Injuries Compensation (NI) Order 2001 and the draft Northern Ireland Criminal Injuries Scheme 2002 referred by the Secretary of State for Northern Ireland and to report thereon to the Assembly by 27 November 2001. 3. Copies of both these papers are available from the Northern Ireland Office’s website at http://www.nio.gov.uk/ Proceedings of the Committee 4. During the period covered by this Report, the Committee held six meetings: 17 September; 9, 16 and 23 October; and 6 and 13 November 2001. The Minutes of Proceedings for these meetings are included at Appendix 1. 5. In the course of its proceedings, the Committee heard evidence from the following bodies—
A complete list of those who gave evidence to the Committee is included at Appendix 2. 6. At its meeting on 16 October the Committee received evidence from the Chief Executive of the Compensation Agency on the operation of the current scheme, and how the Compensation Agency proposed to administer the new tariff scheme. The Chief Executive was accompanied by two senior officials from the Northern Ireland Office’s Criminal Justice Services Division, who were in attendance to clarify any points of a factual nature about the draft proposals. 7. At its meeting on 23 October the Committee received evidence from Victim Support Northern Ireland and the Law Society of Northern Ireland. Victim Support Northern Ireland gave evidence on how their new role, provided by the proposals, would be administered. The Law Society outlined their concerns about the proposed introduction of a tariff system for criminal injury compensation. Both Victim Support and the Law Society made written submissions to the Committee in advance of their attendance. 8. The Minutes of Evidence for these meetings are included at Appendix 3. Further to this, the Committee received written submissions from other bodies, including the Assembly’s Committee of the Centre who have a remit to report on how victims’ issues are promoted within Northern Ireland’s devolved administration. The texts of these, and the submissions made by Victim Support and the Law Society are reproduced at Appendix 4. Background to Criminal Injuries Compensation in Northern Ireland Northern Ireland Victims Commission 9. On 24 October 1997, the then Secretary of State for Northern Ireland, Rt Hon Dr Marjorie Mowlam MP, announced the establishment of a Commission to look at the possible ways to recognise the pain and suffering felt by victims of violence arising from the troubles of the previous 30 years. 10. To lead this Commission, Sir Kenneth Bloomfield was appointed as Northern Ireland Victims Commissioner and in April 1998 he produced his report, entitled We will remember them. 11. The report was accepted in full by the Government who subsequently established the Victims Liaison Unit in the Northern Ireland Office, which was tasked with implementing Bloomfield’s recommendations. 12. One of the principal recommendations of this report was that the Government should establish an objective, independent, and wide-ranging review of the "Fitness for Purpose" of the compensation system as it is operated in Northern Ireland. 13. On 12 August 1998, the then Minister for Victims, Adam Ingram, announced the Government’s intention to establish such a review as part of a package of measures being taken forward by the Victims Liaison Unit. Review of Criminal Injuries Compensation in Northern Ireland 14. Chaired again by Sir Kenneth, the review was established in September 1998 with the following terms of reference: "To advise the Government on the fitness for purpose of criminal injuries compensation arrangements in Northern Ireland in the light of the experiences of victims of terrorist violence; and on how any shortcomings in the arrangements identified in the course of this exercise might be rectified for the future in any new statutory framework providing for a system of criminal injuries compensation in Northern Ireland." 15. The review reported on 3 July 1999 and amongst the recommendations for a fairer and more equitable, open and accountable system were:
16. In total, the review made 64 recommendations for change to the current compensation system in Northern Ireland and on 26 July 2000, the then Secretary of State, Mr Peter Mandelson MP, announced in Parliament the Government’s response to the review highlighting the acceptance of the majority of those recommendations. 17. On 28 June 2001, the Minister for Victims, Des Browne, announced the Government’s proposals for new legislative arrangements for paying compensation to victims who have suffered personal injury because of violent crime. The key features of the proposed new arrangements are:
These proposals are included within the draft Criminal Injuries Compensation (NI) Order 2001 and the draft Northern Ireland Criminal Injuries Compensation Scheme 2002. Proposed legislative arrangements for paying draft Criminal Injuries Compensation (NI) Order 2001 18. During its proceedings, in addition to written submissions by witnesses, the Committee had before it a copy of the proposal for the draft Order and its accompanying Explanatory Memorandum. 19. To inform debate, both within the Assembly and further afield, the Committee agreed that its Report should detail the provisions of each Article in the draft Order. The draft Order is in three parts: Introduction; Northern Ireland Criminal Injuries Compensation Scheme; and Miscellaneous. Part I - Introduction Article 1 – Citation and commencement 20. This Article details the title of the draft Order and makes provision for the Secretary of State to commence the provisions of the Order on such days as he may, by order, appoint. Article 2 – Interpretation 21. This Article defines certain terms used within the draft proposed Order and also makes provision for the Scheme to define certain terms. Part II – Northern Ireland Criminal Injuries Compensation Scheme Article 3 – Compensation for criminal injuries 22. This Article places a duty on the Secretary of State to make arrangements for the payment of compensation to, or in respect of persons who are victims of criminal injury. Such arrangements must include the production of a Scheme detailing both the circumstances in which awards may be made and the categories of persons to whom they may be made. 23. Although this Article places the duty for compensation to be made in respect of criminal injuries sustained in Northern Ireland, there is provision made that the Scheme may provide for arrangements to be put in place to address compensation for an injury which was the result of a violent crime but it is not clear in which jurisdiction, Northern Ireland or the Republic of Ireland, the incident occurred. 24. Provision is made for the Secretary of State to make such transitional arrangements as appear to be necessary or expedient. Article 4 – Basis on which compensation is to be calculated 25. This Article sets out that any award for compensation must be determined in accordance with the provisions of the Scheme. Those provisions must include—
26. The Standard amount must be determined in accordance with a Tariff, which the Scheme shall specify, and where there is no provision in the Tariff, the Scheme must make other arrangements to allow for payment. 27. The Secretary of State will be able to alter the Tariff by adding or removing an injury, or changing the amount of compensation payable, but such alterations will be subject to Parliamentary approval. The Scheme may also include provision for setting maximum amounts of compensation and other transitional arrangements. Article 5 – Claims and awards 28. This Article enables the Scheme to include provisions for the payment of awards and the making of claims. It allows the Scheme to include provision for—
29. It sets the standard of proof, that may be required if it falls to any one person to satisfy another on any matter on which the claim is based, as that applicable in civil proceedings. The Article also determines that any amount to be repaid shall be recoverable as a debt due to the Crown. 30. Provision is made for the Scheme to require the Chief Constable to provide applicants with documents, relevant to their claim, which he supplies to the Secretary of State. Article 6 - Reviews 31. This Article enables the Scheme to make provision for review of decisions taken in respect of compensation claims under such circumstances as may be specified by the Scheme. Article 7 - Appeals 32. This Article provides for a right of appeal to adjudicators appointed for the purpose by the Secretary of State. The Scheme shall set up a body to deal with appeals. 33. The Secretary of State can impose terms and conditions on appointment to the body that may be specified in the Scheme, and specifies that persons appointed shall not be regarded as exercising functions of the Secretary of State or acting on his behalf. This Article also provides the Secretary of State with authority to remove a person from office as an adjudicator provided certain conditions have been satisfied. 34. The Scheme shall include provision for the body of adjudicators to give advice to the Secretary of State and allows for a reduction in an amount of compensation in the event of a frivolous or vexatious appeal. Article 8 – Reports, accounts and financial records 35. This Article provides that the Secretary of State shall make, after the end of each financial year, an annual report on the operation of the Scheme during that year. It also enables the Scheme to make provision for an annual report to be made, by a person chosen by the Secretary of State, on the operation of the appeals system to the Secretary of State. The Secretary of State shall be required to lay a copy of those reports before Parliament. 36. The Article also enables the Scheme to make provision for the accounting arrangements and financial records for the operation of the appeals system. The Secretary of State shall refer such statements of accounts to the Comptroller and Auditor General who shall examine, certify and report thereon to Parliament. Article 9 – Inalienability of awards 37. This Article provides that awards are inalienable; it determines that no award can be assigned and that any charges on an award will be void. It also provides that in the case of bankruptcy of an applicant, the award shall not pass to any trustee or anyone acting on behalf of his or her creditors. Article 10 – Approval of the Scheme 38. This Article makes arrangements for the Parliamentary approval of the Scheme by affirmative resolution. The arrangements mirror the requirements for Parliamentary approval of an Order in Council, for certain reserved matters, under section 85 of the Northern Ireland Act 1998. These require the proposed Scheme to be laid before Parliament and referred to the Northern Ireland Assembly for a period of 60 days. Article 11 – Approval of alterations to the Scheme 39. This Article sets out the arrangements for Parliamentary approval of alterations to the Scheme. It provides for certain provisions of the Scheme that may only be altered, with the approval of Parliament, following consultation with the Assembly under the same basis as set out in Article 10. Those provisions include:
40. There is also provision for the Secretary of State to alter other provisions of the Scheme by laying a statement of the alterations before Parliament, which can be disapproved by a resolution of either House before the end of the period of 40 days. Part III - Miscellaneous Article 12 – Advice, assistance and support for victims 41. This Article requires the Secretary of State to inform persons seeking compensation for criminal injuries of any body designated by him to provide advice, assistance and support. Article 13 – Disclosure of information 42. This Article allows the Secretary of State to provide the Department for Social Development with information about awards made to people in receipt of income-related benefits. Article 14 – Financial provisions 43. This Article provides the Secretary of State with the financial authority to pay the adjudicators and to pay compensation for loss of office to any adjudicator who is removed from office. It also states that any sums, which have been reimbursed to the Secretary of State from an award paid by him under the Scheme, shall be paid by the Secretary of State into the Consolidated Fund of the United Kingdom. Article 15 – Recovery from offender 44. This Article provides for the recovery from offenders of the whole or part of a compensation award which has been paid or is payable in respect of a criminal injury directly attributable to the offenders conviction for a crime of violence. It allows the County Court to make an order, on application by the Secretary of State, directing an offender to reimburse to the Secretary of State the whole or a specified amount of the award by a lump sum payment or by periodic instalments over a specified period. Before making an order under this Article, the court shall give the offender an opportunity to be heard and have regard to the offenders’ circumstances. Such an order shall enforceable in the same manner as a county court decree for a debt is enforceable. Article 16 – Recovery from victim etc 45. This Article provides for the recovery from victims of the whole or part of a compensation award where damages or other compensation awards have been or are subsequently paid. It allows for the court to direct reimbursement to the Secretary of State out of money paid into court under this order. In addition, this Article permits the Secretary of State to apply to the court for an order for reimbursement if the applicant failed to disclose all relevant facts. Article 17 – Appeals from the county court 46. This Article allows for an appeal from any order made by a county court in connection with any proceedings under Article 15 or 16. Article 18 - Offences 47. This Article defines offences of obtaining compensation by deception and maximum penalties, which may be applied. Those penalties are:
Article 19 – Repeals and transitional provisions 48. This Article and the Schedule repeal the Criminal Injuries (Compensation) (Northern Ireland) Order 1988, and allow transitional provisions to be made in the Scheme. Draft Northern Ireland Criminal Injuries Compensation Scheme Administration of the Scheme 49. Whilst the responsibility for the operation of the Scheme will be that of the Secretary of State — the Scheme will, in practice, be administered by the Compensation Agency. They will decide in each case what awards, if any, should be made. This decision shall be open to review and, thereafter, to appeal in accordance with the Scheme (The review and appeals procedures are described below). The Secretary of State will keep the operation of these arrangements under review. Support to applicants 50. At each stage in the process, support will be available to applicants from Victim Support Northern Ireland (VSNI). At the initial stage they will offer assistance to applicants in completing the application and will be able to advise applicants on the likely outcome of the process, including an estimate of how long that process should take before the decision, on the award, is known. At the review and appeals stages, VSNI will offer the assistance of specially trained advisors, who, it is intended, will be able to guide the applicants through these stages, should they feel the need for such assistance. Eligibility 51. The Scheme provides that compensation may be payable to a person who has sustained a criminal injury or, where that person has since died, to a qualifying applicant. Under the Scheme, a qualifying applicant is:
A person who was criminally responsible for the death of a victim may not be a qualifying claimant. 52. The Scheme makes provision for the Secretary of State to withhold or reduce an award were he considers that:
The Secretary of State will only make an award where he is satisfied that there is no likelihood that an assailant would benefit or, where the applicant is under 18 years of age when the application is being determined, that it would not be in his interests for the award to be made. Consideration of applications 53. An application for an award under this Scheme must be made in writing on an application form within two years of the date of the incident. The Secretary of State has discretion to waive that time limit where he considers it reasonable and in the interests of justice. 54. The onus for making the case of the application will be on the applicant. This may include, where appropriate:
55. Where appropriate the Secretary of State will make arrangements for an examination of the victim by a duly qualified medical examiner. The costs of such an examination, and of such reasonable expenses incurred in that connection will be met by the Secretary of State. Under the Scheme, the Secretary of State shall not meet the costs of any legal representation. Calculation of awards 56. The basis on which awards are to be calculated, as set out in the Scheme, is a Standard Amount, which will be the amount shown in respect of the relevant description of injury in the Tariff. In addition to this, payments may be made to the applicant in respect of loss of earnings, special expenses and, in the case of fatal injuries, a bereavement support payment. 57. The minimum standard amount payable in respect of a single description of an injury shall be Level 1 (£1,000 e.g. concussion lasting at least one week) and the maximum Level 29 (£280,000 e.g. extremely serious brain damage). In accordance with the Scheme, compensation may also be payable for multiple injuries. The Scheme sets out separate arrangements for minor and more serious multiple injuries. 58. For minor multiple injures, an award may only be made were the applicant has sustained at least three separate physical injuries of the type described below:
In addition, at least one of those injuries must still have a residual effect 6-weeks after the incident and the injuries must also have necessitated at least two visits to, or by, a medical practitioner within that 6-week period. 59. The standard amount for more serious, but separate, multiple injuries will be calculated as:
60. For injury which no provision is made in the Tariff but where the Secretary of State considers sufficiently serious to qualify for at least the minimum award payable, the Secretary of State shall consult with the Panel about the possible inclusion of a description of that injury in the Tariff. In such cases the Scheme makes provision for the payment of an interim award of which, no part will be recoverable if the injury is not subsequently included in the Tariff or, if included, qualifies for less compensation than the interim award paid. 61. Awards may also include payments in respect of loss of earnings where the applicant has, a direct consequence of the injury, lost earnings or earning capacity for a period exceeding 28-weeks. Under the provisions of the Scheme, no compensation will be payable for the first 28-weeks, but will begin after 28-weeks and continue for such period as the Secretary of State may determine. Review of decisions 62. The Scheme provides that the applicant may seek a review of any decision, within a period of 90 days of that decision, made under this Scheme in relation to:
An applicant may not seek the review of a decision that was made at review. 63. Following review, the applicant will be sent written notification of the outcome of that review and of the reasons for that decision. Appeals against review decisions 64. Under the Scheme an applicant may, within a period of 90 days of a review decision, apply to an Appeals Panel to appeal against any decision made at review. The Appeals Panel will comprise a Chairperson and adjudicators. The Scheme makes provision for appeals concerning time limits; re-opening of cases; and awards, and for appeals to be determined by an oral hearing. Committee’s consideration of the proposals 65. During the Committee’s deliberations on the proposals for a new compensation system members considered a number of aspects of those proposals. The Committee agreed that its report should highlight these areas, drawing on the evidence provided to support their assertions. POSITIVE ASPECTS OF THE PROPOSALS BEREAVEMENT SUPPORT PAYMENT 66. The Committee welcomed the revision of the payment made to acknowledge the grief and sorrow caused by the death of the victim. It shared the view, expressed by Victim Support Northern Ireland (VSNI), that the introduction of the more sensitive term, "bereavement support payment", will remove the misinterpretation of the purpose of this payment. The Committee also welcomed that the payment proposed will be higher than that would be paid under the existing arrangements. 67. The Committee noted the reservations of the Human Rights Commission that before these payments may be made to a co-habitual applicant, whether same-sex or heterosexual, the applicant would have to show that he or she had lived with the victim for two years before the victims’ death. However, the Committee noted that this is an extension of the previous arrangements, which did not recognise unmarried or same-sex partners as qualifying applicants, and considers the two-year period a reasonable condition.
Psychological injuries 68. The Committee welcomed the proposed amendment to the existing scheme whereby a person claiming compensation for psychological injuries must be present at the scene of the crime; the new legislation will remove this obstacle. The Committee noted that the 1988 Order provides compensation for a mental injury only where that injury is a "serious and disabling mental disorder". The draft Scheme will provide compensation for a mental injury only where that injury is a "disabling mental illness confirmed by psychiatric diagnosis". The Committee welcomed this less restrictive definition.
COMMITTEE’S CONCERNS ABOUT THE PROPOSALS Role of Victims Support 69. Whereas the Committee accepted that there is merit in the proposal that Victim Support Northern Ireland (VSNI) should have a greater role to play in providing help and support to victims of violent crime; the Committee did not support the role envisaged under the proposed scheme. In particular, the Committee had deep concern about VSNI’s capacity to provide advice and assistance to victims in complex cases. Indeed, in their submission to the Committee, VSNI recognised that this was a major failing of the proposed scheme. 70. Evidence provided supported this assertion, notably from the Human Rights Commission which stated: "The Commission would have a concern that those who work with Victim Support (NI) are primarily volunteers without specific legal expertise to address what remain complex criteria for an award to be made. The Commission would wish representation and the giving of advice to victims to be by the legal profession." 71. The Committee also had concerns regarding VSNI’s capacity to cope with the additional workload that would result from the proposed scheme (It was reported to the Committee that the Compensation Agency currently receive some 14,000 applications for criminal injury compensation per annum). In their evidence to the Committee, VSNI reported that they will appoint an additional 9 members of staff on a full-time basis and are currently training over 100 volunteers to assist with the new scheme. Given the volume of work that is likely to pass to VSNI and their own admission that they will not be able to replace the work of the legal profession in more complex cases, the Committee felt that VSNI should not be afforded this role by the Secretary of State. 72. Further to this, the Committee supported the view of the Human Rights Commission that representation and the provision of advice to victims should be by the legal profession. The Committee added that there is also a matter of accessibility. As was reported to the Committee, VSNI has 8 branches across Northern Ireland each with three core branch staff members, however, there are some 500 solicitors’ firms all with experience of dealing with criminal injury claims. Accordingly, the Committee felt that VSNI cannot be considered to be the most effective delivery agent for this proposed service.
Discretion to withhold or reduce awards 73. The Committee had reservations about the Secretary of State’s discretion to withhold or reduce awards to persons who have a previous criminal record. In their submission to the Committee, the Human Rights Commission expressed the view that a person’s status, as a victim, should not be affected by that person’s criminal record whether that record reflects instances of politically motivated crime or otherwise. The Committee also supported this view, however, it must be highlighted that their support does not extend to cases where the actions, or character, of that person were responsible for, or directly contributed to, the act of criminal violence that led to the injuries. 74. In the past, it has been shown that a divergence from the above policy can lead to certain anomalies. For example, in their submission to the Committee, the Ex-Prisoners Interpretative Centre highlighted a case where a person, though previously convicted at age 18, had been rehabilitated and was re-integrated into society. In an event, many years later and unrelated to his past conviction, that person was seriously injured and as a result of that conviction, was denied compensation. The Committee considered this to be double jeopardy for victims, who are in effect, having to pay their debt to society twice.
Withdrawal of paid legal assistance 75. The Committee recognised that it is vitally important as a matter of public interest and protection, for adequate public funding and professional representation to be available to promote the best interests of victims who apply for compensation. The Committee did not accept the withdrawal of paid legal assistance as a move that would give rise to a fairer and more equitable system of awarding compensation to victims of crime.
Calculation of awards under the proposed Tariff scheme 76. The Committee expressed deep concern over the introduction of a Tariff Scheme, which would, in their view, not provide victims of crime with either an adequate or equitable settlement. The Committee also considered that individual pain and suffering should be compensated on an individual basis. It is very clear that the proposed Tariff Scheme does not adequately provide for the individual needs of victims of crime. 77. For example, where an applicant has suffered more serious multiple injuries, the formula that will be used to determine their award will lead to it being significantly reduced, beyond that available under the existing arrangements. Evidence provided by the Law Society points to a hypothetical case were: "[S]omeone, who was blinded by a bomb, suffered significant facial scarring and lost an arm. The most serious injury is possibly the blinding. General damages for the blinding are in the region of between £200,000 and £300,000. I am subject to correction, but in the draft compensation scheme the figure is much less — I think that it is £150,000. That is half what you would get in general damages. For extreme facial scarring, a person will get 30% of that, the maximum of which is £10,000. In the "Green Book", the maximum figure is £60,000. For losing an arm, a person will get 15% of that. Individuals lose out on hundreds and thousands of pounds by following a Tariff." 78. The Committee also felt that the qualifying conditions for a minor multiple injury awards will lead to victims losing out. The requirement that a victim should, within a 6-week period, visit a medical practitioner on two occasions is wholly unreasonable and may discriminate against a number of different categories of persons. This problem may be further compounded by the absence of independent legal advice. 79. The Committee supported the assertion that the rigidity of a Tariff-based Scheme has the potential to increase the suffering and trauma of victims. This is particularly apparent when consideration is given to a case where a young, female victim has suffered significant facial scarring. The Tariff will not take into account that this type of injury may have a more significant impact on a woman than a man. This is further compounded, as the Tariff system will not have regard to the age of the victim. 80. The Committee expressed reservations that the values listed in the proposed Tariff Scheme are substantially less than those currently available under the "Green Book". This will clearly lead to a reduction in the amount of compensation paid to the victims of crime.
81. The Committee disagreed with the proposal to deduct, from compensation for pecuniary loss or the cost of care, payments from private healthcare insurance towards medical expenses or healthcare arrangements.
82. The Committee objected to the removal of compensation for loss of earnings, for the first 28-weeks following injury. In addition to this, the proposal to remove compensation for "special expenses" for example, the cost of adaptations to applicants accommodation required as a result of the criminal injury will not be paid unless the earnings capacity has been lost for 28-weeks.
83. Following consideration of all the evidence submitted, and the Committee’s deliberations thereon; the Committee, accordingly, recommended that the proposed legislation should not be taken forward as presented.
84. The Committee had reservations concerning the proposed legislation. The introduction of a tariff system on the assumption that it is in the best interests of victims of crime is erroneous. All the evidence provided points to a cost saving exercise that will reduce the amount of compensation paid to victims of crime whilst at the same time removing paid legal assistance. 85. The Committee felt that the removal of the right of appeal to the Courts, as part of the due process of law is fundamentally flawed and may be subject to challenge under the Human Rights Act 1998. 86. The Committee recognised the role played by Victim Support Northern Ireland, over a number of years, in supporting and counselling victims of crime. However the proposal to use Victim Support Northern Ireland in a quasi-legal support role is totally inappropriate, given the range of reservations outlined in their submission. 87. The Committee noted the core recommendations set out in the Law Society’s supplementary memorandum of evidence. This calls for the establishment of a working party with a general remit to examine the compensation process. The key objective of this remit would be to bring about systematic improvement by addressing the problems of delay and ensuring transparency, communication and closer liaison between agencies within the system. The Committee encouraged the Northern Ireland Office to engage with the Law Society and give due consideration to their proposal. 88. In light of the Committee’s reservations about the proposed new arrangements, the Committee recommended that the proposed legislation should not be introduced to Parliament in its current form. MONDAY 17 SEPTEMBER 2001 Present: Mr Roger Hutchinson MLA, Chairperson Attendees: Mr Tony Logue, Committee Clerk Apologies: Dr Dara O’Hagan MLA 11.09am the meeting opened in private session—the Clerk in the Chair. 1. Apologies The apology was noted. 2. Election of Chairperson and Deputy Chairperson The Clerk called for nominations for the position of Committee Chairperson. Mr Robinson proposed that: Mr Hutchinson be the Chairperson of this Committee. Mr Bell seconded this and the nomination was accepted. On there being no further nominations the Clerk put the question without debate. Resolved, that Mr Hutchinson, being the only candidate proposed, be Chairperson of this Committee. 11.10am Mr Hutchinson in the Chair. The Chairperson thanked members for their support and sought nominations for the position of Committee Deputy Chairperson. Mr Bell proposed that: Mr McCarthy be the Deputy Chairperson of this Committee. Mr Paisley seconded this and the nomination was accepted. On there being no further nominations the Chairperson put the question without debate. Resolved, that Mr McCarthy, being the only candidate proposed, be Deputy Chairperson of this Committee. 3. Declaration of Interests No interests were declared. 4. Procedures of the Committee The Chairperson referred members to a memorandum from the Committee Clerk on the procedures of the Committee contained in their briefing papers. Resolved,
5. Forward work programme The Committee noted a memorandum from the Committee Clerk setting out a proposed forward work programme. The Committee agreed to invite the following bodies to give evidence—
Further to these, the Committee also agreed to invite comments from the Committee of the Centre, on the general principles of the proposed Order in Council. 6. Any other business No other matters were raised. 7. Date and time of next meeting The Committee agreed that it would adjourn for a two-week period to allow witnesses adequate time to make written submissions and that details of the next meeting would issue from the Committee Clerk. 11.15am the Chairperson adjourned the meeting. Mr Roger Hutchinson MLA 9 October 2001 Tuesday 9 october 2001 Present: Mr Roger Hutchinson MLA, Chairperson Attendees: Mr Tony Logue, Committee Clerk 2.04pm the meeting opened in private session—Mr R Hutchinson in the Chair. 1. Apologies No apologies were received. 2. Draft Minutes of Proceedings Resolved, that the draft Minutes of Proceedings for Monday, 17 September 2001 be agreed. 3. Matters arising Members noted a background briefing, prepared by the Assembly’s Research and Library Services, on the draft Criminal Injuries Compensation (NI) Order 2001. 4. Criminal Injuries Compensation Order: First Reading Members conducted an initial Article-by-Article analysis of the proposal for a draft Order in Council with assistance from the Assembly Legal Advisor and Research & Library Services. 5. Any other business Dr O’Hagan proposed that the Committee should invite evidence from representatives of persons with past convictions for scheduled offences. Following debate, it was agreed that the Committee should write out to representatives from both sections of the community and to the Wave Trauma Centre. 6. Date and time of next meeting The Committee agreed that it would next meet on Thursday, 11 October 2001 to hear evidence from the Committee on the Administration of Justice. 3.40pm the Chairperson adjourned the meeting. Mr Roger Hutchinson MLA |