Present:
Mr Duncan Shipley Dalton MLA, Chairperson
Mrs Eileen Bell MLA, Deputy Chairperson
Sir John Gorman MLA
Mr David Ervine MLA
Mr Alban Maginness MLA
Mr Mitchel McLaughlin MLA
Mrs Mary Nelis MLA

Attendees:
Mr Tony Logue, Clerk of Ad hoc Committees
Mr Damien McVeigh

Apologies: Mr Ian Paisley Jnr MLA

The apology was noted.

Resolved, that the draft Minutes of Proceedings for Thursday, 13 December 2001 be agreed.

The Chairperson briefed members on his meeting with the Parliamentary Under-Secretary of State, Des Browne, on 19 December 2001.

Members noted that a summary of Lord Glidewell's report on the Review of the Crown Prosecution Service had been tabled.

Members noted that further submissions had been received from the Law Society of Northern Ireland; the Committee on the Administration of Justice; and the Northern Ireland Human Rights Commission. It was agreed that the submissions be appended to the Committee's Report.

Members noted position papers from the Democratic Unionist Party and Sinn Fein. It was further noted that all party submissions received would be appended to the Committee's Report.

Members noted a draft Report on the proceedings of the Committee tabled at the meeting. It was agreed that the Committee Clerk should read through each paragraph of the draft report and that members could raise points to be discussed following each section.

Paragraphs 1 - 14 (Background to the Report) read and agreed.

Paragraphs 15 - 43 (Report of the Criminal Justice Review Group) read and agreed.

Paragraphs 44 - 45 (Committee's consideration of the proposed legislation and the implementation plan) read and agreed.

Paragraphs 46 - 49 (Consultation period) read and agreed.

Recommendation 1 read and agreed.

Paragraphs 50 - 51 (Independence of the legal profession) read. The Chairperson raised the concerns that the Parliamentary Under-Secretary of State had made in relation to the Committee's comments in these paragraphs. Following debate, it was agreed that the comments should remain as drafted.

Recommendation 2 read and agreed.

Paragraphs 52 - 53 (Oversight of the implementation plan) read and agreed.

Recommendation 3 read and agreed.

Paragraphs 54 - 55 read and agreed.

Paragraph 56 read. Mr McLaughlin proposed that, in paragraph 56, the word 'could' should be inserted after 'of the Assembly'. Following debate, the amendment was agreed. Paragraph 56 read, as amended, and agreed.

Recommendation 4 read. It was agreed, as a consequence to the amendment to paragraph 56, that recommendation 4 should be amended by replacing the word 'establishes' with 'considers the establishment of'. Further to this, Mr Ervine proposed that 'at the earliest opportunity' be inserted following 'Standing Committee. This proposed amendment was agreed. Recommendation 4 read, as amended, and agreed.

Paragraphs 57 - 58 (Human rights and guiding principles) read and agreed.

Recommendation 5 read and agreed.

Paragraph 59 (Symbols and declarations) read and agreed.

Paragraphs 60 - 61 (Devolution of justice matters) read. Members noted that the Committee Clerk had tabled an addendum to paragraphs 60 - 61. The addendum was read and it was agreed that it should replace the original draft text. [The addendum introduced an addition paragraph, consequently, paragraphs 62 - 64, as considered below, have been re-numbered in the Committee's Report.]

Recommendation 6 read, as amended by the addendum to the draft report, and agreed.

Recommendation 7 read. It was agreed, as a consequence of the addendum to the draft report, that this recommendation should be deleted. [As a consequence of this amendment, Recommendations 8 - 10, as considered below, have been re-numbered in the Committee's Report.]

Paragraph 62 (Attorney General for Northern Ireland) read and agreed.

Recommendation 8 read and agreed.

Paragraph 63 read and agreed.

Paragraph 64 read. Mr McLaughlin proposed that this paragraph be deleted. Following debate, it was agreed that paragraph 64 be deleted.

Recommendation 9 read and agreed.

Paragraphs 65 - 66 (Public Prosecution Service) read and agreed.

Recommendation 10 read and agreed.

Paragraph 67 read and agreed. Mr McLaughlin proposed that a new recommendation be inserted to reflect the Committee's comments in this paragraph. It was agreed that this recommendation should be made.

Paragraphs 68 - 69 (Role of the Probation Board for Northern Ireland) read and agreed.

Recommendation 11 read and agreed.

Paragraph 70 (Openness and transparency) read. Members noted that the Committee Clerk had tabled an addendum to paragraph 70. The addendum was read and it was agreed that it should replace the original draft text.

Recommendation 12 read. It was agreed, as a consequence of the addendum to the draft report, that this recommendation should be deleted. [As a consequence of this amendment, Recommendations 13 - 17, as considered below, have been re-numbered in the Committee's Report.]

Paragraph 71 read and agreed.

Recommendation 13 read and agreed.

Paragraph 72 (Restorative justice) read and agreed.

Recommendation 14 read and agreed.

Paragraph 73 read and agreed.

Recommendation 15 read and agreed.

Paragraph 74 read and agreed.

Recommendations 16 - 17 read and agreed. Mr Ervine proposed that a new recommendation should be appended to this section to highlight the possible role that could be played by the suggested Standing Committee on Criminal Justice in this area. Following debate, it was agreed that this recommendation be made.

Paragraph 75 (Conclusion) read and agreed.

Mrs Nelis proposed that the terms of reference of the Criminal Justice Review Group should be included in the Committee's Report. Following debate, it was agreed that the terms of reference be inserted after paragraph 15.

Following the reading of the draft report, the Chairperson put the question without further debate-

Resolved, that the Committee orders the report, as amended, to be printed.

The Chairperson proposed that he have leave of the Committee to approve the draft Minutes of Evidence of the Committee's proceedings and the Minutes of Proceedings for 8 January 2002.

Resolved, that the Chairperson shall have leave to approve the Minutes of Evidence and Proceedings.

The Committee agreed that it would not hold any further meetings.