ASSEMBLY AND EXECUTIVE REVIEW COMMITTEE
MINUTES OF PROCEEDINGS
TUESDAY, 5 MAY 2009
ROOM 21, PARLIAMENT BUILDINGS
Present:
Mr Jimmy Spratt (Chairperson)
Mr Raymond McCartney (Deputy Chairperson)
Mr Alex Attwood
Mr Simon Hamilton
Mrs Carmel Hanna
Mr Danny Kennedy
Mr Nelson McCausland
Mr Alan McFarland
Mr Alex Maskey
Mr John O’Dowd
In Attendance:
Mr John Stewart (Director of Clerking and Reporting)
Mrs Nuala Dunwoody (Clerk Assistant)
Mr Stephen Graham (Assembly Clerk)
Mr Oliver Bellew (Assistant Assembly Clerk)
Miss Tara McKee (Clerical Supervisor)
Miss Paula McManus (Clerical Officer)
Apologies:
Mr Ian Paisley Jnr
The meeting opened at 11.08am in closed session.
1. Apologies
Apologies are detailed above.
2. Minutes of Proceedings of meeting held on 28 April 2009
Members agreed the Minutes of Proceedings of the meeting held on 28 April 2009, as amended.
3. Devolution of Policing and Justice Matters
3.1 Oral briefing by the Director of Clerking and Reporting
The Director of Clerking and Reporting, Mr John Stewart, and the Clerk Assistant, Mrs Nuala Dunwoody, briefed the Committee on the arrangements which the Assembly Secretariat was making in the context of the devolution of policing and justice.
This was followed by a question and answer session.
11.35am Mrs Hanna joined the meeting.
The Chairperson thanked the representatives for the briefing.
11.37am The Director of Clerking and Reporting, and the Clerk Assistant left the meeting.
11.37am Mr Maskey left the meeting.
11.38am The meeting opened in public session.
3.2 Committee Briefing Paper 11/08/09 – Ninth Revision – Consideration of the Category Two List of Issues
In relation to the issue of the devolution of policing and justice matters, the Chairperson declared the following interests:
- Member of the Northern Ireland Policing Board
In relation to the issue of the devolution of policing and justice matters, Members declared the following interests:
Nelson McCausland
- Member of Belfast District Policing Board
Members then turned their attention to, and considered, the following issues on the Category 2 List.
7.2.C What should be the relationship between SOCA and the Security Services and the Minister/ Department/Assembly? (See also Category One List N - What needs to be done to ensure that attention is given to having appropriate measures in place to address issues such as the role of the security services?)
There was some discussion on Issue C.
Agreed: Members agreed to revisit the issue following an update from the Secretary of State, on the various Memoranda of Understanding and Protocols.
7.2.D What needs to be done to ensure the maintenance of existing North/South policing and justice agreements, and is there a requirement for a Justice Sector of the North/South Ministerial Council?
There was some discussion on Issue D.
Agreed: The Committee agreed to revisit the issue following a response from the Secretary of State in relation to any North/ South justice arrangements which may be in place, at the point of devolution.
7.2.E What is the extent of the financial provisions for a department which would exercise the range of policing and justice functions? (See also Category One List Issue I - How, and when, should the financial negotiations with the NIO be conducted, and by whom?
There was some discussion on Issue E.
Agreed: Members agreed to revisit the issue again following a further presentation by the Specialist Adviser.
7.2.F What, if any, consideration should there be of the Ashdown Report on Parading, and is there a need for further clarities of the powers to be devolved, and, if so, should they include matters relating to the Public Processions (Northern Ireland) Act 1989, flags and symbols and recruitment to the PSNI?
There was some discussion on Issue F.
Agreed: Members agreed to revisit the issue following an update from the Secretary of State on when the Ashdown Report might be published.
11.45 am Mr Maskey rejoined the meeting.
7.2.G In the context of Recommendation 26 of the Committee’s original report, to which Department should the Public Prosecution Service be attached? (See also Category One List Issue G)
Members noted extracts from the Committee’s original report on the Inquiry into the Devolution of Policing and Justice Matters.
There was some discussion on Issue G.
Agreed: Members agreed to consider the issue further, following visits to other legislatures.
7.2.H In the context of Recommendation 27 of the Committee’s original report, about examining the independence and accountability of the Public Prosecution Service, before, and following devolution, what consideration should be given to this matter, pre-devolution?
There was some discussion on Issue H.
Agreed: Members agreed to include Issue H as a substantive item for discussion at a future meeting, before the end of May 2009.
7.2.I In relation to Recommendation 30 of the Committee’s original report, who should undertake the advisory role in relation to the appointment of the Police Ombudsman? (See also Category One List Issue G)
There was some discussion on Issue I.
Agreed: Members agreed to return to the issue at a future meeting.
7.2.J What procedures and protocols will there need to be between the Minister, an Assembly Committee and any newly established department and its associated agencies? (Additional question introduced to Category Two List, following a decision, on 25 November, to re-locate it from Category One List Issue O)
There was some discussion on Issue J.
Agreed: Members agreed to revisit the issue at a future meeting, and following visits to other legislatures, and, in the meantime, to write to the Director of Clerking and Reporting and the Secretary of State, in relation to the issue.
7.2.K What would be the status of the Minister’s position in, and relationship with, the Executive Committee; and would the Minister be required to bring significant, or controversial, matters to the Executive Committee?
There was some discussion on Issue K.
Agreed: Members agreed to return to the issue at a future meeting.
5. The Attorney General for Northern Ireland
Members noted a research paper on the Attorney General for Northern Ireland.
Agreed: Members agreed that a representative of Assembly Research Services should brief the Committee on the paper, at the meeting on 12 May 2009.
11.58am Mr Kennedy joined the meeting.
6. Correspondence
6.1 Members noted correspondence to the Garda Commissioner, the Minister for Justice and the Chairperson of the Justice Committee at the Oireachtas in relation to a potential Committee visit to that legislature.
6.2 Members noted a letter from Sir Patrick Cormack, in relation to a proposed visit by the Northern Ireland Affairs Committee during the week commencing 8 June 2009.
Agreed: Members agreed to conduct visits to London and Edinburgh in either the week commencing 8 June 2009, or the week commencing 15 th June 2009.
7. Date, time and place of next meeting
The next meeting will be held on Tuesday, 12 May 2009 at 11.00am, in Room 21, Parliament Buildings.
The Chairperson adjourned the meeting at 12.02 pm.
Mr Raymond McCartney
Deputy Chairperson, Assembly and Executive Review Committee
12 th May 2009.