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AD HOC COMMITTEE MINUTES OF PROCEEDINGS: TUESDAY, 12 FEBRUARY 2001 Present: Mr George Savage, Chairperson In Attendance: Mr Tony Logue, Committee Clerk 10.21am the meeting opened in public session - Mr Savage in the Chair. Mr R Hutchinson proposed that the meeting suspend for one hour to allow members an opportunity to review the draft report, agreed. 10.25am the Chairperson suspended the meeting. 11.35am the Chairperson reconvened the meeting. 1. Apologies No apologies were received. 2. Approval of draft minutes of previous proceeding The minutes were agreed and signed by the Chairperson. 3. Matters Arising The Chairperson informed members that the Lord Chief Justice's Office would not be making a written submission but the General Council of the Bar of Northern Ireland hoped to make a written submission by Wednesday, 15 February 2001. 4. Written Submissions - Update The Committee noted the submission received from the Northern Ireland Association for the Care and Resettlement of Offenders (NIACRO). 5. Minutes of Evidence The Chairperson reminded members that, due to the tight deadline, the Committee Staff required corrected transcripts to be returned no later than close of play on Tuesday, 13 February 2001. 6. Life Sentences (NI) Order 2001 - Consideration The Committee noted the draft report and agreed to carry out an Article by Article consideration of the draft Order. 11.38am Mr Paisley joined the meeting. Article 1 - Title and commencement Agreed, that the Committee had no objections to this Article. Article 2 - Interpretation Agreed, that the Committee had no objections to this Article. 11.44am Prof. McWilliams joined the meeting. 11.45am Prof. McWilliams left the meeting. Article 3 - Life Sentence Review Commissioners 11.47am Mr B Hutchinson left the meeting. Agreed, that there should be a clear statement outlining that the Commissioners should be independent of Government and appointed through open competition; in exercising their functions, have regard for the Convention rights of the life prisoners and also any representations made on behalf of the victim. Schedule 1 - Commissioners Agreed, that Schedule 1 should provide for a fixed term of appointment, to ensure independence from Government. Article 4 - Commissioners' Procedure Agreed, that the Committee had no objections to this Article. Schedule 2 - Commissioners' Procedure Agreed, that the provisions for disclosure of information to the life sentence prisoner may give rise to challenge under Article 6 of the European Convention on Human Rights (ECHR) and therefore, there should be a role for the Commissioners in deciding what information can be classified confidential. Article 5 - Determination of tariffs 12.07am Mr Maginness joined the meeting. Agreed, that the Committee welcomes the new arrangements whereby courts will be required to fix the tariff upon sentencing. The Committee debated the provisions of Article 5(4) and Mr Paisley stated that he could not agree that a politician should have the powers provided for under this Article, and that these would be better exercised by the courts. Article 6 - Duty to release certain life prisoners Agreed, that Article 6(4) be amended to remove the potential for conflict between the proviso contained in Article 6(4)(b), i.e. that life prisoners are not to be released unless the Commissioners are satisfied that there is no risk of serious harm, and the current Article 3(4)(b), which requires the Commissioners to have regard to the desirability of preventing the commission of further offences and securing the rehabilitation of life prisoners. Article 7 - Power to release life prisoners on compassionate grounds Agreed, that the Committee had no objections to this Article. 1.00pm the Chairperson suspended the meeting. 4.07pm the Chairperson reconvened the meeting. Article 8 - Duration and conditions of licences 4.15pm Mr R Hutchinson and Prof. McWilliams joined the meeting. Agreed, that the duration of the licence was unduly harsh and that this Article should be amended so that the Life Sentence Review Commissioners could review the conditions periodically and annul the licence if appropriate. Article 9 - Recall of life prisoners while on licence Agreed, that greater clarity is required on the arrangements for the recall of the life sentence prisoners while on licence. Article 10 - Life prisoners transferred to Northern Ireland Agreed, that the provisions of this Article appear to be incompatible with the ECHR and should be amended so that the power of the Secretary of State, in relation to specification of the tariff of the life prisoner's sentence, be given to the Court. Article 11 - Existing life prisoners Agreed, that the provisions of this Article appear to be incompatible with the ECHR and should be amended so that the power of the Secretary of State, in relation to specification of the tariff of the life prisoner's sentence, be given to the Court. Article 12 - Existing licences Agreed, that the Committee had no objections to this Article. Article 13 - Amendments and repeals Agreed, that the Committee had no objections to this Article. The Committee agreed to consider a revised draft report at its next meeting. Action: Clerk. 7. Draft motion The Committee agreed the draft Motion. 8. Date and time of future meetings The members agreed that the next meeting of the Committee would be held on Monday, 19 February 2001 at 9.30am in Room 144, Parliament Buildings. 4.48pm the Chairperson adjourned the meeting. Mr George Savage MLA |
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