COMMITTEE FOR JUSTICE
MINUTES OF PROCEEDINGS
THURSDAY, 9 SEPTEMBER 2010
ROOM 21, PARLIAMENT BUILDINGS

Present:
Lord Morrow MLA (Chairman)
Mr Raymond McCartney MLA (Deputy Chairman)
Mr Tom Elliott MLA
Mr Paul Givan MLA
Mr Alban Maginness MLA
Mr Conall McDevitt MLA
Mr David McNarry MLA
Ms Carál Ní Chuilín MLA
Mr John O’Dowd MLA

In Attendance:
Mrs Christine Darrah (Assembly Clerk)
Mrs Roisin Donnelly (Assistant Assembly Clerk)
Mr Vincent Gribbin (Assistant Assembly Clerk)
Mr Joe Westland (Clerical Supervisor)
Mr Kevin Marks (Clerical Officer)

The meeting commenced at 2.03 p.m. in public session.

1. Apologies

There were no apologies.

2. Draft minutes of the meeting held on 02 September 2010

Agreed: The Committee approved the draft minutes of the meeting of 02 September 2010.

3. Matters arising

1. The Committee noted further information from the Department of Justice on the key elements for inclusion in the Justice Bill.
2. The Committee noted correspondence from the Department of Justice providing additional information on past results of data returns for confidence in the Criminal Justice System.
3. The Committee noted correspondence from the Department of Justice providing an update on the current position in relation to the draft Protocol on the Policing Architecture.
4. The Committee noted further information from the Assembly Research and Library Services on the staff to prisoner ratio in England and Wales.
5. The Committee noted a further letter from the Department of Justice in relation to the McDermott case.

4. Committee Discussion on Legislative Implications of the McDermott Case

The Committee considered the issues that arose during the briefing last week on the legislative implications of the McDermott case and further information provided by the Minister of Justice in relation to the administrative error with regard to the Supervisory and Treatment Order.

2.26 p.m. Mr Elliott joined the meeting.
2.37 p.m. Mr McDevitt left the meeting.
2.41 p.m. Mr McCartney left the meeting.
2.55 p.m. Mr McNarry left the meeting.
2.55 p.m. Mr Elliott left the meeting.

A detailed discussion of the issues that had emerged took place.

Agreed: The Committee agreed to write to the Department of Justice requesting further information and clarification on a range of issues in relation to the McDermott Brothers case including the liaison role with the victims.

Agreed: The Committee agreed to write to the Committee for Health, Social Services and Public Safety again and to be kept informed of any information/clarification that was available in relation to the role and actions of the Western Health and Social Services Trust.

Agreed: The Committee agreed that it was content with the proposed short term and longer term actions outlined by the Department of Justice to improve the law.

Agreed: The Committee agreed that a briefing on the policy proposals contained in the EQIA on the proposed new Mental Capacity Bill should be scheduled into the Forward Work Programme.

5. Departmental Briefing on draft Programme for Government Addendum

Nick Perry, Permanent Secretary, Colin McConnell, Director of Operations, Northern Ireland Prison Service, GarethJohnston, Head of Justice Strategy Division and David Hughes, Head of Policing Policy and Strategy Division joined the meeting at 2.56 p.m.

The officials briefed the Committee on the revised draft Programme for Government Addendum and outlined amendments made to the addendum in response to the concerns raised by the Committee at its meeting on 1 July 2010 in relation to the key goals and measurements. The officials answered questions from Members on issues including how challenging the targets actually were, the definition of anti-social behaviour and the level of reporting of crime

3.17 p.m. Mr Givan left the meeting.

The Chairman thanked the officials for the briefing and they left the meeting.

The meeting was suspended at 3.26 p.m.
The meeting resumed at 3.40 p.m.

3.40 p.m. Mr McNarry rejoined the meeting.
3.40 p.m. Mr Elliott rejoined the meeting.

Agreed: The Committee agreed that it was broadly content with the revised draft Programme for Government Addendum, but disappointed that some of the targets, particularly those in relation to domestic violence and anti-social behaviour and in increasing confidence in the Justice system were not more ambitious.

6. Statutory Rule - The Police Act 1997 (Criminal Records) (Disclosure) (Amendments) Regulations (Northern Ireland) 2010

The Committee considered Statutory Rule N o 2010/229 The Police Act 1997 (Criminal Records) (Disclosure) (Amendments) Regulations (Northern Ireland) 2010

The Committee noted that the Examiner of Statutory Rules had no issues to raise with regard to the technical aspects of the Statutory Rule.

Agreed: The Committee for Justice considered Statutory Rule No 2010/229 The Police Act 1997 (Criminal Records) (Disclosure) (Amendment) Regulations Northern Ireland 2010 and had no objection to the Rule.

Agreed: The Committee agreed to write to the Department of Justice requesting further information on the remodeling of the Vetting and Barring Scheme.

7. SL1 – Police Pension (Amendment) Regulations (Northern Ireland) 2010

Kathie Walker, Head of Police HR Policy Branch and Antonia Hoskins, Police HR Policy Branch joined the meeting at 3.47 p.m.

The officials briefed the Committee on a proposal to make a Statutory Rule regarding The Police Pension (Amendment) Regulations (Northern Ireland) to amend existing regulations which deal with police officer pensions and retirement benefits and answered questions on the views of the relevant Trade Unions including the Police Federation for Northern Ireland.

The Chairman thanked the officials for the briefing.

Agreed: The Committee agreed that it was content with the proposals for the Statutory Rule.

8. EU Regulation 4/2009 on Jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations

The Committee considered correspondence from the Department of Justice regarding EU Regulation 4/2009 on jurisdiction, applicable law, recognition of decisions and cooperation in matters relating to maintenance obligations which was intended to ensure the effective recovery of maintenance between family members within the EU.

The Committee noted that under EU Regulation 4/2009 the Department of Justice was to be designated as the Central Authority for Northern Ireland.

9. The Firearms (Amendment) Regulations 2010

The Committee noted the Firearms (Amendment) Regulations 2010 which had been made by the Home Office under the European Communities Act 1972 in relation to measures relating to firearms and ammunition and came into force on 28 July 2010

Agreed: The Committee agreed to write to the Department of Justice expressing concern that the Regulations were made without any formal consultation and seeking an assurance that in future, EU Directives would be dealt with in a more timely manner that allowed proper consultation whilst ensuring implementation dates could be met

10. Chairman’s Business

1. The Chairman raised the issue of the Claudy bombing and the recent Police Ombudsman’s Report.
   Agreed: The Committee agreed to write to the Minister of Justice regarding the Police Ombudsman’s Report into the Claudy Bombing.
2. The Committee noted a written report of a meeting between the Chairman and Deputy Chairman and the Prison Review Team.
   Agreed: The Committee agreed to write to the Head of the Review Team seeking confirmation of the timetable that the Team was working to and an indication of when it would be useful for them to come to the Committee
3. The Committee noted that the meeting with Mr John Vine, the Independent Chief Inspector of the UK Border Agency, has been rescheduled and would take place on Wednesday 22 September 2010 in Parliament Buildings at 12.30pm.
4. The Committee noted information on Members attendance at meetings of the Justice Committee which would be published in due course.
   Agreed: Members agreed to inform the Clerk if the information was inaccurate.

11. Correspondence

1. The Committee noted correspondence from the Minister of Justice to the First Minister and deputy First Minister regarding Tribunal Reform – Transfer of Functions Order.
2. The Committee noted correspondence from the Minister of Justice regarding Desertcreat Training College.
3. The Committee considered correspondence from the Minister of Justice regarding the Public Prosecution Service.
   Agreed: The Committee agreed to forward the correspondence to the Procedures Committee.
4. The Committee noted correspondence from the Minister of Justice enclosing the text of the agreement that was reached on 12 August in Maghaberry Prison.
5. The Committee considered correspondence from the Department of Justice regarding Tribunal Reform – Statutory Transfer of Tribunals.
   Agreed: The Committee agreed to forward the correspondence to the Committee for Health, Social Services and Public Safety.
6. The Committee considered correspondence from the Department of Justice regarding Preventing Possession Initiatives.
   Agreed: The Committee agreed to forward the correspondence to the Committee for Social Development.
7. The Committee considered a Strategic Action Plan for Victims and Witnesses of Crime provided by the Department of Justice
   Agreed: The Committee agreed to write to the Department of Justice and request a written update on progress in three months time.
8. The Committee noted correspondence from the Department of Justice regarding Post Legislative Scrutiny of The Drugs Act 2005.
9. The Committee noted correspondence from the Department of Justice regarding the Pyrotechnic Articles (Safety) Regulations 2010.
10. The Committee considered correspondence from the Department of Justice regarding the European Commission’s Communication on the Rights of the Child.
    Agreed: The Committee agreed to write to the Department of Justice seeking information on the timescale for the planned Review of Youth Justice.
11. The Committee considered correspondence from the Department of Justice on the Licensing and Registration of Clubs (Amendments) Bill.
    Agreed: The Committee agreed to forward the correspondence to the Committee for Social Development.
12. The Committee noted correspondence from the Department of Justice regarding the Development of a Community Safety Strategy and the issue of Anti Social Behaviour.
13. The Committee noted correspondence from the Department of Justice regarding the lack of information on the number of Police pensions which have been amended following appeal.
14. The Committee considered correspondence from the Law Society of Northern Ireland regarding evidence given to the Committee on 17 June on Solicitor Advocacy.
    Agreed: The Committee agreed to consider the information when considering the relevant clauses of the Justice Bill.
15. The Committee considered correspondence from The Law Centre (NI) providing a research report on Redressing Users’ Disadvantage – Proposals for Tribunal Reform in Northern Ireland.
    Agreed: The Committee agreed that a briefing by the Law Centre on the research should be scheduled into the Forward Work Programme.
16. The Committee considered the CJI Report of the handling of sexual violence and abuse cases by the Criminal Justice System in Northern Ireland.
    Agreed: The Committee agreed that arrangement should be made for the Chief Inspector to attend a meeting to outline his key findings and recommendations and Departmental officials should also attend to outline the action being taken in response.
17. The Committee considered a request from the Prince’s Trust to brief the Committee on its engagement programmes with young offenders.
    Agreed: The Committee agreed that an informal meeting with representatives of the Prince’s Trust should be arranged.
18. The Committee noted the Criminal Justice Inspection Northern Ireland Business Plan 2010-11.
19. The Committee considered a request from Community Restorative Justice Ireland, to meet the Committee to outline its work.
    Agreed: The Committee that an informal meeting with representatives of Community Restorative Justice Ireland should be arranged.
20. The Committee considered a request from the Prisoner Ombudsman for Northern Ireland to brief the Committee on her role.
    Agreed: The Committee agreed that a briefing by the Prisoner Ombudsman should be scheduled into the work programme
21. The Committee noted correspondence from the Public Prosecution Service regarding the Fifth Report of the Independent Assessor for Complaints for the Public Prosecution Service of Northern Ireland.
22. The Committee noted correspondence from the PSNI providing information on the circumstances surrounding the stolen car outside an Election Count Centre in on the night of the General Election.
23. The Committee noted the NI Prison Service Corporate and Business Plan 2010 – 2013.
24. The Committee noted the NI Prison Service Annual Report 2009-2010.
25. The Committee considered a request from NICVA to brief the Committee on the current Budget 2010 process.
    Agreed: The Committee agreed to request a written briefing and to give further consideration to an oral briefing at a later date
26. The Committee noted the Youth Justice Agency Annual Report and Accounts 2009-2010.
27. The Committee noted the Probation Board of Northern Ireland Business Plan 2010 – 2011.

12. Any Other Business

The Committee discussed the possible inclusion in the Justice Bill of clauses relating to control of alcohol promotions and minimum alcohol pricing.

Agreed: The Committee agreed to write to the Minister of Justice to request clarification on whether he intended to include relevant clauses in the Justice Bill and the position in relation to an EQIA on such clauses.

13. Date and Time of next Meeting

The next meeting will be held on Thursday 16 September 2010 at 2.00 p.m. in Room 29, Parliament Buildings.

4.10 p.m. The Chairman adjourned the meeting.

Lord Morrow of Clogher ValleyMLA
Chairman, Committee for Justice
16 September 2010

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