COMMITTEE FOR JUSTICE
MINUTES OF PROCEEDINGS
THURSDAY, 30 SEPTEMBER 2010
ROOM 29, PARLIAMENT BUILDINGS
Present:
Lord Morrow MLA (Chairman)
Mr Raymond McCartney MLA (Deputy Chairman)
Lord Browne MLA
Mr Thomas Buchanan MLA
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)
Mr Vincent Gribbin (Assistant Assembly Clerk)
Mr Joe Westland (Clerical Supervisor)
Mr Kevin Marks (Clerical Officer)
The meeting commenced at 2.07p.m. in public session.
1. Apologies
There were no apologies.
2. Draft minutes of the meeting held on 23 September 2010
Agreed: The Committee approved the draft minutes of the meeting of 23 September 2010.
3. Matters arising
The Committee noted a report of the meeting between the Chairman and Deputy Chairman and the Director and Deputy Director of the Public Prosecution Service which took place on 21 September 2010.
The Committee noted a letter from the Department of Justice regarding the McDermott Brothers case and whether the court disposal could be referred for consideration of whether they were unduly lenient.
4. Briefing by the Prisoner Ombudsman on her role and responsibilities
Pauline McCabe, the Prisoner Ombudsman for Northern Ireland and Sinead Simpson, Director of Operations in the Prisoner Ombudsman office joined the meeting at 2.10 p.m.
The Prisoner Ombudsman briefed the Committee on her role and responsibilities and answered questions from Members on a range of issues including prisoner complaints procedures, deaths in custody, the on-going Prison Review and the remit and status of the Prisoner Ombudsman.
2.10 p.m. Mr O’Dowd joined the meeting.
2.14 p.m. Ms Ní Chuilín joined the meeting.
2.32 p.m. Mr Maginness joined the meeting.
2.47 p.m. Mr Elliott left the meeting.
2.58 p.m. Mr McNarry left the meet ing.
The Chairman thanked Mrs McCabe and Ms Simpson for the briefing and they left the meeting.
5. Departmental Briefing on DNA Retention Policy
David Hughes, Head of Policing Policy and Strategy Division, Alan Tipping, Head of Police Powers and Custody Branch and Gary Dodds, Police Powers and Custody Branch joined the meeting at 3.15 p.m.
The officials briefed the Committee on the proposals for a new DNA/Fingerprint Retention Framework for Northern Ireland to be introduced by way of a Legislative Consent Motion for inclusion of NI provisions in a Bill to go through Westminster. The officials answered questions from Members on why it was proposed to put the legislation through Westminster and alternative options for bringing appropriate legislation through the Assembly.
3.16 p.m. Mr Buchannan left the meeting.
3.17 p.m. Mr Maginness left the meeting.
3.32 p.m. Mr McNarry rejoined the meeting.
3.40 p.m. Mr O’Dowd left the meeting.
The Chairman thanked the officials for the briefing and they left the meeting.
The evidence session was recorded by Hansard.
The Committee discussed the issue.
Agreed: The Committee agreed to write to the Minister of Justice outlining its strong reservations regarding introducing a new DNA/Fingerprint Retention Framework by way of a Legislative Consent Motion and request that he give further consideration to options to bring the legislation through the Assembly either as part of the Justice Bill or in a separate piece of legislation.
Agreed: The Committee agreed to request information on any other legislative proposals that the Department of Justice intended to bring forward in a similar way in the coming months.
6 . Departmental Briefing on Draft Sentencing Guidelines Mechanism Consultation.
Gareth Johnston, Head of Justice Strategy Division, Janice Smiley , Head of Criminal Justice Policy Unit and Anne O'Connell, Criminal Justice Policy Unit joined the meeting at 3.57 p.m.
The officials briefed the Committee on the proposed draft consultation on the Sentencing Guidelines Mechanism and answered questions from Members on the options in the consultation paper, available analysis of public perceptions and the consultation timeline and process.
3.58 p.m. Mr Givan left the meeting.
4.04 p.m. Mr Buchannan rejoined the meeting.
4.33 p.m. Mr McNarry left the meeting.
4.33 p.m. Mr Givan rejoined the meeting.
The Chairman thanked the officials for the briefing and they left the meeting.
Agreed: The Committee agreed it was content for the consultation to proceed.
Agreed: The Committee agreed to commission research on Sentencing Guidelines Mechanisms in other jurisdictions.
Agreed: The Committee agreed to issue a press release encouraging the general public to participate in the consultation.
7. Department of Justice Business Plan 2010/2011
The Committee noted the Department of Justice Business Plan 2010/1 which set out the priorities for the Department and the key objectives and targets for each business area for the next year .
Agreed: The Committee agreed to request an update in relation to the achievement of the key objectives and targets every six months.
8. Consultation on Public Assemblies, Parades and Protests in Northern Ireland
The Committeeconsidered information provided by the Department of Justice on the operational impact on the PSNI and the Courts and Tribunals Service of the consultation proposals for Public Assemblies, Parades and Protests (PAPP) in Northern Ireland.
The Committee noted that the proposed Public Assemblies, Parades and Protests (PAPP) legislation had been put on hold and no further action was necessary at this time.
9. Chairman’s Business
The Committee noted that the Chairman had accepted an invitation from the Federation of Small Businesses to attend a reception on Thursday, 7 October 2010 in Belfast City Hall.
10. Correspondence
i. The Committee considered the Criminal Justice Inspection Northern Ireland Report on an announced inspection of Magilligan Prison in March – April 2010.
Agreed: The Committee agreed that arrangements 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.
ii. The Committee considered correspondence from Real Fathers for Justice highlighting issues relating to Court Contact Orders and requesting an opportunity to meet with the Committee to discuss other Justice matters.
Agreed: The Committee agreed to writeto the Department of Justice regarding the issues raised and that an informal meeting with representatives from Real Fathers for Justice should be arranged.
iii. The Committee considered correspondence from the Committee for Health, Social Services and Public Safety regarding Tribunal Reform.
Agreed: The Committee agreed to forward the correspondence to the Department of Justice.
iv. The Committee noted a draft Press Release launching a consultation paper on the reform of bail law and practice in Northern Ireland by the Northern Ireland Law Commission.
Agreed: The Committee agreed to give further consideration to the consultation when a Research paper on a related seminar was available.
v. The Committee noted a Freedom of Information request for a copy of a letter from Mr Jim Daniell, Head of the Review of Access to Justice in Northern Ireland team considered by the Committee at its meeting on 23 September 2010.
8. Any Other Business
None.
9. Date and Time of next Meeting
The next meeting will be held on Thursday 7 October 2010 at 2.00 p.m. in the Senate Chamber, Parliament Buildings.
4.45 p.m. The Chairman adjourned the meeting.
Lord Morrow of Clogher Valley MLA
Chairman, Committee for Justice
7 October 2010
23 September 10 / Menu
