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CONCURRENT MEETING OF THE COMMITTEE FOR HEALTH, SOCIAL SERVICES AND PUBLIC SAFETY AND COMMITTEE FOR JUSTICE

MINUTES OF PROCEEDINGS
30 September 2010
Senate Chamber, Parliament Buildings

Present:
Mr Jim Wells (Chairperson)
Lord Morrow MLA (Deputy Chairperson)
Mr Mickey Brady MLA
Lord Browne MLA
Mr Thomas Buchanan MLA
Dr Kieran Deeny MLA
Mr Alex Easton MLA
Mr Tom Elliott MLA
Mr Tommy Gallagher MLA
Mr Sam Gardiner MLA
Mr Paul Girvan MLA
Mr Paul Givan MLA
Mr John McCallister MLA
Mr Raymond McCartney MLA
Mr Conall McDevitt MLA
Mr David McNarry MLA
Ms Carál Ní Chuilín MLA
Mr John O’Dowd MLA
Mrs Michelle O’Neill MLA

In Attendance:
Dr Kathryn Bell (Clerk)
Mrs Christine Darrah (Clerk)
Mrs Roisin Donnelly (Assistant Clerk)
Mr Mark McQuade (Assistant Clerk)
Ms Leanne Johnston (Clerical Supervisor)
Mr Neil Sedgewick (Clerical Supervisor)
Mr Joe Westland (Clerical Supervisor)
Mr George McClelland (Clerical Supervisor)
Mr Craig Mealey (Clerical Officer)

Apologies:
Mrs Mary Bradley MLA
Mr Alban Maginness MLA
Ms Sue Ramsey MLA

The meeting commenced at 11.31am in public session.

1. Apologies

Apologies as above.

Mr Paul Girvan joined the meeting at 11.33am

Lord Browne joined the meeting at 11.38am

Mr Paul Givan joined the meeting at 11.40am

2. Evidence Session with Minister of Health, Social Services and Public Safety and the Minister of Justice on issues relating to the McDermott case

Agreed: The Committee agreed that a transcript of this meeting would be made by Hansard and published on the Assembly website.

The Minister of Health, Social Services and Public Safety, Mr Michael McGimpsey MLA, and departmental officials Dr Maura Brisco, Director of Mental Health and Disability Policy, and Mr Sean Holland, Chief Social Services Officer joined the meeting at 11.40am.

The Minister of Justice, Mr David Ford MLA and departmental officials,

Mr David Lavery, Director of the Northern Ireland Courts and Tribunal Service and Ms Maura Campbell, Deputy Director, Criminal Justice Directorate, Department of Justice joined the meeting at 11.40am.

Following on from last week’s meeting, Members of the Joint Committee continued questioning both Ministers on the issues arising from the McDermott Case. Before the question and answer session the Minister of Health gave a short presentation during which he outlined that the Regulation and Quality Improvement Authority would undertake an inquiry into the handling of this case and he had requested a preliminary report in 4 weeks.

Mr John McCallister joined the meeting at 12.17pm

Issues covered in the question and answer session included: the types of reports provided as evidence to the court; the scope of the independent reviews to be undertaken by the Regulation and Quality Improvement Authority (RQIA) and the Criminal Justice Inspectorate (CJI) and the opportunity for co-operation and co-ordination between the two; whether a mechanism existed to review the implementation of Supervision and Treatment Orders; the levels of communication and consultation with victims and survivors in Donagh before, during and after the trial; the decision in relation to the residency of the McDermott brothers; powers to determine residency; the extent of the powers of the Supervising Officer appointed to the case; the role of Health officials in the McDermott brothers’ decision to voluntarily admit themselves to a hospital facility; powers to determine future residency requirements; and the extent of the powers contained within Supervision and Treatment Orders and Sexual Offences Prevention Orders.

Dr Kieran Deeny left the meeting at 12.45pm

Mr Conall McDevitt joined the meeting at 12.57pm

Mr John O’Dowd left the meeting at 1.00pm

The Chairperson thanked the Ministers and their officials for attending.

The Committee discussed the oral evidence heard over the two joint meetings and placed on the record its concern and support for the victims and survivors.

Agreed: The Committee welcomed the announcements by the Minister of Health and the Minister of Justice of the two independent reviews by RQIA and CJI and agreed to write seeking agreement that there would be full cooperation and coordination between the inquiries.

Agreed: The Committee agreed to request sight of the terms of references for each of the inquiries at the earliest opportunity.

Agreed: The Committee agreed to call for a wider review of the policy in relation to public protection in light of the issues raised by this case.

Agreed : The Committee agreed that the draft minutes of proceedings would be cleared by the respective chairpersons and deputy chairpersons and published in the normal way.

3. Any other business

No other business was discussed.

4. Date, time and place of the next meeting

No further meetings were agreed.

The Chairperson adjourned the meeting at 1.36pm

Mr Jim Wells MLA
Chairperson
Lord Morrow of Clogher Valley MLA
Deputy Chairperson