Committee for the Office of the First Minister and deputy First Minister

Legacy Report 07-11

Remit and Powers

The Committee for the Office of the First Minister and deputy First Minister is a Statutory Committee established in accordance with paragraphs 8 and 9 of the Belfast Agreement, Section 29 of the Northern Ireland Act 1998 and under Assembly Standing Order 48. The Committee has a scrutiny, policy development and consultation role with respect to the Office of the First Minister and deputy First Minister and has a role in the initiation of legislation.

The Committee has power to:

• Consider and advise on Departmental Budgets and Annual Plans in the context of the overall budget allocation;
• Approve relevant secondary legislation and take the Committee stage of relevant primary legislation;
• Call for persons and papers;
• Initiate inquiries and make reports; and
• Consider and advise on matters brought to the Committee by the First Minister and deputy First Minister.

Membership

Committee for the Office of the
First Minister and deputy First Minister*

Membership (11)

*The Assembly approved a motion on 12 June 2007 to change the name of the committee from Committee of the Centre to Committee for the Office of the First Minister and deputy First Minister.

Achievements and key successes

Programme for Government

The Committee agreed, following a request from the First Minister and deputy First Minister, to undertake a co-ordinating role in liaising with other statutory committees and gathering their views on the Executive’s Draft Programme for Government and draft Investment Strategy for Northern Ireland. The Committee also agreed to publish a report to the Assembly and to table a “take note” motion to enable the Assembly to debate proposals contained in the document. The Report was published on 7 January 2008 and contained a number of recommendations for the Department and the Executive to improve the consultation process and to improve the draft Programme for Government and draft Investment Strategy for Northern Ireland.

Child Poverty

Child poverty was identified as an early priority for the Committee and it launched an Inquiry into Child Poverty in Northern Ireland on 17 October 2007. The Committee received 48 written submissions and considered oral evidence from 28 key stakeholders and government departments. The Report contains over 40 detailed recommendations and warns that failing to tackle child poverty will limit the growth of the Northern Ireland economy as well as inhibiting the aspirations of the next generation. The Committee completed its well received report in June 2008 and led a plenary debate on the Report on 17 June 2008. Following the publication of the Report, the Committee sought and received regular briefings by junior Ministers on the work of the Department and the Executive in relation to child poverty and the work of the Executive Sub-Committee on poverty and social inclusion. The Committee was also briefed by The Northern Ireland Commissioner for Children and Young People on its work in relation to Child Poverty. Indeed, the Committee took particular interest in the Legislative Consent Motion (LCM) in relation to the UK Child Poverty Bill. The Committee scrutinised the amendments to the UK Child Poverty Bill and agreed that it was content for the legislation to proceed in Westminster. The Committee provided an Information Brief to all MLAs detailing the Committee’s scrutiny of the Child Poverty Bill for the plenary debate on the LCM on 10 November 2010. The Committee also played an active role in the consideration of the Department’s draft Child Poverty Strategy, which was finalised in March 2011.

Europe

The Committee also has cross-cutting responsibility for scrutinising European issues and therefore undertook an inquiry into “Consideration of European Issues”, which looked to improve Northern Ireland’s engagement with the European institutions . The Report, which was agreed by the Assembly on 26 January 2010 made a number of recommendations to the Assembly Commission and to the First Minister and deputy First Minister. The Report also contained a number of actions for the Committee and other statutory committees in order to improve scrutiny of European issues. Broadly speaking, this involves increasing the research resource available so that there can be earlier identification of emerging issues. The Committee followed up on the recommendations within the report and took evidence from a number of key stakeholders. The Committee was also briefed by our local MEPs on European issues relevant to Northern Ireland. The Committee also took evidence from junior Ministers on the First Minister and deputy First Minister’s response to the Report. The Committee received an update from the Department’s European Division and the Assembly Commission on the recommendations made in the Report in February and March 2011.

In order to further develop understanding of the role of the European Institutions and the impact and influence of the institutions on Northern Ireland , the Committee agreed to undertake a joint visit to Brussels with the Assembly Commission. A formal Committee meeting was held in the offices of the Committee of the Regions during which representatives of the Spanish Government (who held EU Presidency from January - June 2010), representatives of the Belgian Government (who held EU Presidency from July - December 2010) and representatives from the Hungarian Government (who are holding the EU Presidency from January - July 2011) gave evidence. During the visit the Committee also met with a number of key stakeholders in Europe and met with a number of other regional parliaments in Europe, including the Delegation of the Basque Region and the Representation of the Free State of Bavaria.

The Committee meets in the Offices of the Committee of the Regions, in Brussels, to take evidence from the Spanish, Belgian and Hungarian Governments.

The Committee was also actively involved in the scrutiny of the Executive’s response to the Report of the Northern Ireland Taskforce (Barroso Report). In order to ensure that the response was comprehensive, the Committee commissioned the views of other statutory committees of the Assembly and provided a response to Ministers.

Gender Equality

The Committee also undertook a review of the Gender Equality Strategy and the accompanying Strategy Actions Plans. The Committee received oral evidence on the issue of gender equality, including representations from the Gender Advisory Panel and the Equality Commission for Northern Ireland. Following this the Committee agreed that it was content for the Department to Publish the Departmental Action Plans for the Gender Equality Strategy.

Legislation

The Committee scrutinised in detail the Public Authorities Reform Bill which was given royal assent on 16 February 2009, the Department of Justice Bill which was given Royal Assent on 12 February 2010, the Commissioner for Older People Bill which gained Royal Assent on 25 January 2011 and the Armed Forces and Veterans Bill. In particular, the Committee considered proposals for establishing a Commissioner for Older People, which was brought forward by the Department. The Committee took evidence from a number of stakeholders; including the Older Peoples Advocate and Departmental officials regarding legislative proposals. During the Committee Stage of the Bill, the Committee was particularly concerned about the powers of a Commissioner and possible overlap with other investigatory bodies. The Committee agreed a number of amendments with the Department. The Committee Stage of the Bill was completed on 29 September 2010.

The Committee was also consulted by Ministers before the introduction of the Commission for Victims and Survivors Bill and the Financial Assistance Bill which both received accelerated passage.

Committee Approach

The Committee for the Office of the First Minister and deputy First Minister scrutinises a Department with responsibility for a number of cross-cutting priorities. Priorities such as community relations, equality, sustainable development, children and young people, European issues, victims and survivors, regeneration of sites, Programme for Government, Investment Strategy and older people. This meant that the Committee’s approach to its scrutiny work involved considerable interaction with other statutory committees in the Assembly to seek their views on policy and legislation that impacted across a number of departments.

This is evidenced in the Committee’s two major inquiries during the course of the mandate. The Committee’s inquiry in Child Poverty in Northern Ireland involved extensive consultation across departments and stakeholders. The Committee also commissioned a number of research papers from the Assembly’s Research and Library Service to help inform its deliberations. The Committee took evidence from a number of government departments and stakeholders and indeed the recommendations contained in the Committee’s report spanned across 8 Departments of the Executive. The Committee continued to follow up on the recommendations of the report with junior Ministers.

The Committee’s inquiry into the Consideration of European Issues also required considerable cross-cutting collaboration. The Committee conducted a public consultation exercise to seek the views of stakeholders on how Northern Ireland could better engage in Europe. The Assembly’s Research and Library Service provided the Committee with detailed research papers on European issues. The Committee took formal evidence from a number of stakeholders and from Northern Ireland’s representatives in Europe, including MEPs, members of the European Economic and Social Committee and members of the Committee of the Regions. The Committee also undertook a number of fact finding visits to look at how other regional legislatures engage with the European institutions and to look at how the Assembly could engage better. The Committee’s report contained a number of actions for the Assembly’s committees to allow better scrutiny of European policy and legislation. The Report also included recommendations for the Speaker, the Assembly Commission and the Executive. The Committee has implemented a number of actions to improve committee scrutiny of European policy and legislation and continued to receive regular briefings from Northern Ireland’s representatives in Europe. Indeed, the Committee held a formal Committee meeting in the offices of the Committee of the Regions in Brussels, during which representatives of the Spanish, Belgian and Hungarian Government gave evidence to the Committee on their countries’ priorities for their terms of Presidency of the Council of the European Union. This was the only occasion in this mandate that a formal committee meeting was held outside the United Kingdom.

OFMDFM Committee meeting with the President of the Catalan Parliament in Barcelona

Over the period of the mandate the Committee considered a number of strategies and policies developed by the Department. The Committee carried out its scrutiny role on the strategies and policies, encouraged Ministers to ensure that the outworking implementation and action plans were robust and included targets which are measurable, challenging and achievable. The Committee also encouraged early intervention and better joined up working between departments and with key stakeholders. This was particularly the case when the Committee considered the Children and Young People’s Action Plan.

The Committee considered in detail the Department’s budget proposals and outcomes on a number of occasions, including spending plans and savings plans. The Committee also considered in detail the Department’s quarterly monitoring rounds to ensure that the Department was spending money efficiently and effectively. The Committee also received regular updates from the Department on provisional out-turn.

Forthcoming Issues

The Committee wishes to point out to the incoming Committee that papers were quite often received at the last minute and did not give the Committee adequate time to scrutinise all the issues. Therefore, the Committee would like to highlight the importance of early communication and the need for constructive engagement with the Ministers and the Department to ensure that the Committee can actively scrutinise the Department’s policies, strategies and legislation. It is hoped that the Department, in the new mandate, will adhere to the guidelines agreed between the Executive and the Chairpersons’ Liaison Group, therefore ensuring that papers are received in a timely manner for adequate scrutiny by the Committee.

Programme for Government and Investment Strategy

The Committee in the previous mandate undertook a co-ordinating role in liaising with other statutory committees and gathering their views on the Executive’s Draft Programme for Government and draft Investment Strategy for Northern Ireland. The Committee saw this as an important part of its early work and would recommend that an incoming Committee undertakes this key role.

Victims and Survivors

The Committee has taken considerable interest in the needs of victims and survivors over this mandate and the Department has been working on legislation to introduce a Victims and Survivors Service that will administer funding to groups and individuals. The Department is planning to bring forward arrangements to introduce this Service in the next mandate. The Victims and Survivors Commission will also be finalising the Comprehensive Needs Assessment and proposals for the Victims and Survivors Forum.

Programme for Cohesion, Sharing and Integration

The draft Programme for Cohesion, Sharing and Integration was out for consultation in late 2010. Departmental officials have advised that the Department will be bringing forward a revised Programme for Cohesion, Sharing and Integration following consideration of the responses and that this should be with the Committee early in the next session.

Children and Young People

Following consultation on the Child Poverty Strategy, the Department will be developing an action plan to deliver on commitments within the UK Child Poverty Bill. Junior Ministers advised that the Department will take into account the Committee’s recommendations in its Child Poverty Report when developing the action plan. The Committee may also wish to re-examine the recommendations in the Report to take into account the cuts in the Executive’s Budget.

It is also expected that the Committee will have sight of a draft Childcare Strategy and will wish to be kept informed on the Play and Leisure Policy and the UN Convention on the Rights of the Child.

The current Children and Young People’s Action Plan finishes in 2011, the Committee may wish to consider how effective the Action Plan was in delivering planned outcomes and how a new Action Plan will be developed.

A report on the 2 nd Review of the Northern Ireland Commissioner for Children and Young People was issued to the Committee on 19 January 2011, the Committee was briefed by the Northern Ireland Commissioner for Children and Young People on the Report. The Committee will wish to monitor how recommendations in the Report are taken forward.

European issues

Following the Committee’s Report on Consideration of European Issues, the Committee may wish to continue to improve engagement in Europe, this would include regular briefings from Northern Ireland’s representatives in Europe, continuing attendance at the EC-UK Forum (which the Chairperson attends every 6 months) and considering the European Commission’s Annual Legislative Work Programme. In its Report, the Committee also recommended that there would be a review on whether an EU Committee/sub-Committee should be established.

The Committee also plays a role in relation to the Lisbon Treaty and issues of subsidiarity and proportionality. The Committee is in regular contact with Westminster and the other devolved legislatures when there may be issues of subsidiarity. The Committee is a member of the Committee of the Regions Subsidiarity Monitoring Network.

While the spending review may have an impact on committee budgets, this Committee saw the value of travelling to other regions in Europe to build networks and share experiences and would recommend the same approach.

The Department has also commenced a review of its European Division, including the Northern Ireland Executive’s Office in Brussels, it is expected that this will be completed in the summer of 2011.

The Barroso Taskforce will also be back in Northern Ireland and the Department will be seeking their advice in taking forward policy proposals.

The Department is also developing an International Relations Strategy; this would be expected in the next mandate.

Ombudsman

The Committee agreed that it would consider bringing forward legislation to update and reform the Office of the Northern Ireland Ombudsman. The Committee completed a public consultation exercise on proposals and considered the issues which arose out of the public consultation. The Committee was briefed by the Assembly’s Research and Library Service and the Deputy Ombudsman on these issues at its meeting of 9 March 2011. The Committee will wish to consider if it wishes to take this legislation forward.

Equality Issues

The Equality committees in the devolved legislatures met twice in the previous mandate (once in the National Assembly of Wales and once at the Northern Ireland Assembly), the Scottish Equal Opportunities Committee has indicated that it will be recommending that its successor committee hold the next meeting. This Committee would recommend that these meetings continue as it provides the opportunity of sharing best practice and experience.

The Committee is awaiting a number of actions from the Department in relation to equality; these include an update on the Gender Equality Action Plans, consultation on the Executive’s input into the UN Convention on the Rights of Disabled People and the draft Sexual Orientation Strategy. These would be expected in the next mandate.

The Committee also received regular briefings on Promoting Social Inclusion and on the Lifetime Opportunities Strategy, this tied in quite closely with the Committee’s work in relation to child poverty.

The Department expect to lay a Statutory Rule – Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 in the Business Office on 24 March 2011. The Committee will need to examine this Rule and seek the Report of the Examiner of Statutory Rules.

Sustainable Development

In January 2011 the Committee considered the consultation responses to the draft Sustainable Development Implementation Plan. Departmental officials advised the Committee that they hoped to have the final Implementation Plan signed off by Ministers before dissolution. The Committee will wish to monitor the agreed implementation plan and ensure that it is robust and includes targets which are measurable, challenging and achievable.

The Committee also considered a paper from the Department of the wind-up of the Sustainable Development Commission and the proposals for structures to replace the Commission. It is expected that this will be taken forward early in the next mandate.

Regeneration of Sites

The Department is responsible for a number of sites – Maze/Long Kesh, Ebrington Barracks and Crumlin Road Gaol. The capital budget for these sites was agreed with the 2011-15 Budget. The Committee will wish to consider progress of these projects, this would include the progress of the application for EU funding for a Conflict Resolution Centre and the setting up of the Maze/Long Kesh Development Corporation.

The Committee also received a copy of the Review Report on Ilex Urban Regeneration Company in February 2011. The Committee will wish to monitor how recommendations in the Report are taken forward.

The Committee may also wish to be kept informed of the progress on the transfer of the gifted sites from the Hillsborough Agreement from the Ministry of Defence to the Executive.

Appendix 1

Committee for the Office of the First Minister and deputy First Minister

Membership (11)

1 with effect from 15 September 2008 Mr Ian McCrea replaced Mr Jim Wells
2 with effect from 29 June 2009 Mr Alex Attwood replaced Mrs Dolores Kelly
3 with effect from 14 September 2009 Mr George Robinson replaced Mr Ian McCrea
4 with effect from Monday 24 May 2010 Mrs Dolores Kelly replaced Mr Alex Attwood
5 with effect from Monday 28 June 2010 Mrs Naomi Long resigned as Deputy Chairperson and member of this committee
6 with effect from 29th June 2010 Dr Stephen Farry was appointed Deputy Chairperson of the Committee for the Office of the First Minister and deputy First Minister replacing Mrs Naomi Long 
with effect from 1st August 2010 Mr. Jim Shannon (DUP) has resigned from the Committee for Office of the First and deputy First Minister.
7with effect from 13th September 2010 Mr Trevor Clarke replaced Mr Stephen Moutray
8 with effect from 13th September 2010 Mr Allan Bresland was appointed as a member of the Committee
9 with effect from 4th October 2010 Mr William Humphrey replaced Mr Trevor Clarke
10 with effect from 27th October 2010 Mr Tom Elliott replaced Mr Danny Kennedy as Chairperson; Mr Kennedy resigned from the committee
11 with effect from 8th November 2010 Mr Danny Kinahan was appointed as a member

Appendix 2

Committee for the Office of the First Minister and deputy First Minister

Committee Meetings and Visits

Bills

Statutory Rules

Committee Inquiries

Committee Reports (excluding Bill and Inquiry reports)

Budget Scrutiny

Primary Legislation Scrutiny