COMMITTEE FOR JUSTICE
MINUTES OF PROCEEDINGS
THURSDAY, 07 OCTOBER 2010
SENATE CHAMBER, 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
Mr John O’Dowd MLA
In Attendance:
Mrs Christine Darrah (Assembly Clerk)
Mr Vincent Gribbin (Assistant Assembly Clerk)
Mrs Roisin Donnelly (Assistant Assembly Clerk)
Mr Joe Westland (Clerical Supervisor)
Mr George McClelland (Clerical Supervisor)
Mr Kevin Marks (Clerical Officer)
The meeting commenced at 2.06 p.m. in public session.
1. Apologies
There were no apologies.
2. Draft minutes of the meeting held on 30 September 2010
Agreed: The Committee approved the draft minutes of the meeting of 30 September 2010.
3. Matters arising
(i) The Committee considered correspondence on the Interim Report on the review of the administrative arrangements for preparing, checking and issuing Crown Court Orders in NI.
Agreed: The Committee agreed that a copy of the interim report should be sent to the Health Committee.
(ii) The Committee noted correspondence from Michelle Gildernew MLA to the Minister of Justice regarding his handling of the response to questions raised by the victims and survivors in the Donagh case.
(iii) The Committee considered the Terms of Reference for the review to be carried out by the Criminal Justice Inspectorate (CJI) Northern Ireland on the handling of sexual offences by the Justice System in Northern Ireland.
Agreed: The Committee agreed to write to the Department of Justice to request a copy of the interim report of the review when it becomes available and the timescale for the final report.
(iv) The Committee noted the Terms of Reference for the RQIA review of the Western Health and Social Care Trust duties and responsibilities in relation to the McDermott Case and a list of reports placed before the Court in respect of the McDermott case which had been provided by the Department of Justice.
(v) The Committee noted further correspondence from the Minister of Justice regarding a proposed Legislative Consent Motion for a new the DNA/Fingerprint Retention Framework.
The Chairman advised that this item of business would be taken later in the meeting to provide Members with an opportunity to consider information provided.
4. Committee Forward Work Programme
The Committee considered an up-dated Committee Forward Work Programme and an outline timetable for the proposed Justice Bill.
3.16 p.m. Mr Elliott joined the meeting.
Agreed: The Committee agreed the revised work programme.
Agreed: The Committee agreed that written evidence should be sought following the introduction of the Bill into the Assembly but in advance of the Committee Stage commencing by issuing a public notice and writing to key stakeholders on Wednesday, 20 October 2010.
Agreed: The Committee agreed the draft public notice.
5. Departmental briefing on the Women Offenders Strategy
Brian Grzymek, Deputy Director, Criminal Justice Services, Eithne McIlroy, Assistant Director, Probation Board for Northern Ireland, Mary Lemon, Head of the Prison Service's Women's Project Team and Jean O'Neill, Manager of the Inspire Women's Project joined the meeting at 2.31 p.m.
The officials briefed the Committee on a Strategy to Manage Women Offenders and those Vulnerable to Offending Behaviour and answered questions from Members on mental health rates; self harm and suicide rates; women prisoner profiles; coordination with the Youth Justice Review; the ‘Inspire’ project; community sector involvement; monitoring the progress of the implementation of the strategy; and the detention of women rescued from human trafficking.
During the question and answer session officials agreed to provide the Committee with further information.
2.45 p.m. Mr Maginness joined the meeting.
3.13 p.m. Mr Buchanan joined the meeting.
3.14 p.m. Mr McNarry left the meeting.
3.17 p.m. Mr McCartney left the meeting.
3.17 p.m. Mr McDevitt left the meeting.
The Chairman thanked the officials for the briefing and they left the meeting.
6 . Assembly Research paper on Legal Aid Funding
Members noted a briefing paper by Assembly Research on Legal Aid.
3.23 p.m. Mr McNarry rejoined the meeting.
Agreed: The Committee agreed to commission further information regarding the issues highlighted in the research paper and the Department of Justice proposals.
Agreed: The Committee agreed to schedule a briefing by the Assembly Researchers on the paper for the meeting on 14 October 2010.
7. Briefing by the Legal Services Commission on Civil Legal Aid Funding Code
Paul Andrews, Chief Executive of the Legal Services Commission and Theresa Donaldson, Director of Civil Policy and Service Delivery, Legal Services Commission joined the meeting at 3.25 p.m.
The officials briefed the Committee on the results of a consultation on the Civil Legal Aid Funding Code and answered questions on the impact of the proposals on access to justice; the cost of administration of the proposals; the envisaged savings to the civil legal aid budget; and the draft priorities.
During the question and answer session officials agreed to provide the Committee with further information.
3.34 p.m. Mr McCartney rejoined the meeting.
3.38 p.m. Mr Elliott left the meeting.
4.09 p.m. Mr Buchanan left the meeting.
4.19 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.
8. Departmental Briefing on Organised Crime Task Force
Steven McCourt, Deputy Director, Protection and Organised Crime and Billy Stevenson, Organised Crime Branch joined the meeting at 4.30 p.m.
The officials briefed the Committee on Organised Crime and the Organised Crime Task force. Issues covered during a question and answer session included what is done with seized property; the overhead costs of the OCTF; people smuggling; measuring the impact of types of organised crime and multi jurisdiction co-operation.
During the question and answer session officials agreed to provide the Committee with further information.
4.33 p.m. Mr Maginness left the meeting.
4.48 p.m. Mr O’Dowd rejoined the meeting.
The Chairman thanked the officials for the briefing and they left the meeting.
Agreed: The Committee agreed that a briefing by the Organised Crime Task Force partner agencies should be scheduled into the Committee work programme.
The meeting was suspended at 5.17 p.m.
The meeting resumed at 5.23 p.m.
In attendance:
Lord Morrow MLA (Chairman)
Mr Raymond McCartney MLA (Deputy Chairman)
Lord Browne MLA
Mr Thomas Buchanan MLA
Mr Paul Givan MLA
Mr John O’Dowd MLA
Matters arising (continued)
The Committee discussed further information provided by the Minister of Justice in relation to a proposed Legislative Consent Motion to introduce a new DNA/Fingerprint Retention Framework. The Minister’s commitment to ensure that any Northern Ireland provisions within the Westminster Bill would be stand-alone clauses that could be changed by subsequent Assembly legislation was noted.
Agreed: A proposal that the Committee was content with the intention to introduce a new DNA/Fingerprinting Retention Framework by way of a Legislative Consent Motion was agreed by a majority of Members present.
9. Committee Handling of Court Rules
The Committee considered a paper outlining options on how it could handle Court Rules.
Agreed: The Committee agreed that a short synopsis of what each Court Rule would cover should be provided to enable the Committee to decide, on a “case by case” basis, what consultation should take place in relation to each rule.
10. Inquiry by the Committee on Procedures into how the Attorney General for Northern Ireland will interact with the Northern Ireland Assembly
The Committee noted that the Committee on Procedures had initiated an inquiry into how the Attorney General will interact with the Assembly.
Agreed: The Committee agreed that there should be close co-operation on this matter and to write to ask that any emerging findings should be shared prior to the conclusion of the inquiry.
Agreed: The Committee to write to the Minister of Justice requesting an up-date on his discussions with the First Minister and deputy First Minister and the Attorney General in relation to the issue.
11. Response from the Department of Justice regarding the elements of the Programme for Cohesion, Sharing and Integration relevant to the Department
The Committee noted information provided by the Department of Justice in relation to relevant elements of the Programme for Cohesion, Sharing and Integration.
Agreed: The Committee agreed to forward the response to the Committee for the Office of the First Minister and Deputy First Minister for information.
12. Chairman’s Business
The Chairman advised the Committee that he had accepted an invitation to speak on the role of the Committee in the Justice Bill at a seminar on Thursday 21 October 2010.
13. Correspondence
(i) The Committee noted correspondence from the Department of Justice providing responses to the consultation on redrawing court boundaries in Northern Ireland and advising that this proposal would not be included in the Justice Bill.
(ii) The Committee noted correspondence from the Department of Justice providing responses to the consultation on proposals to allow the PPS to issue summonses and advising that this proposal would not be included in the Justice Bill.
(iii) The Committee noted correspondence from the Department of Justice advising of the forthcoming publication of a Criminal Justice Inspection report on Domestic Violence and Abuse.
(iv) The Committee noted correspondence from the Department of Justice regarding it’s contribution to the consultation on the implementation plan for the Everyone’s Involved – Sustainable Development Strategy.
Agreed: The Committee agreed to forward the correspondence to the OFMDFM Committee.
(v) The Committee noted correspondence from the Department of Justice regarding the erroneous release of a remand prisoner by the NI Prison Service on 29 September 2010.
Agreed: The Committee agreed to write to the Minister of Justice expressing concern regarding two errors that had recently taken place and requesting information on the emerging findings as soon as possible and clarification of the legal status of a person released from custody in this manner.
(vi) The Committee noted correspondence from the Minister of Justice regarding the Terrorist Asset Freezing Bill.
(vii) The Committee noted correspondence regarding the attendance of a Department of Justice official at a Public Accounts Committee Hearing on 14 October.
(viii) The Committee noted correspondence from the Department of Justice in response to issues raised by the Committee in relation to the McDermott Brothers case.
Agreed: The Committee agreed toforward a copy of the letter to the Health Committee for information.
(ix) The Committee considered correspondence from the Committee for Culture, Arts and Leisure regarding changes to cycle racing legislation and PSNI additional powers.
Agreed: The Committee agreed toforward the letter to the Department of Justice.
(x) The Committee noted a copy of a letter from the Independent Chief Inspector of the UK Border Agency regarding an inspection of the UK Border Agency in Scotland and Northern Ireland.
(xi) The Committee considered correspondence from the Committee for Social Development indicating that the Minister of Social Development was considering including provisions relating to irresponsible drink promotions in the Licensing and Registration of Clubs (Amendment) Bill.
Agreed: The Committee agreed to write to the Minister of Justice clarifying the position in relation to the Justice Bill.
8. Any Other Business
(i) The Committee noted correspondence from the Department of Justice providing a copy of the Final Report of the Review of Police Injury Award Arrangements. The Chairman advised Members that this issue was on the agenda for the next meeting.
(ii) The Committee noted correspondence from the Minister of Justice regarding the Department of Justice Addendum to the Programme for Government which was scheduled to be debated by the Assembly on 12 October 2010.
9. Date and Time of next Meeting
The next meeting will be held on Thursday 14 October 2010 at 2.00 p.m. in Room 29, Parliament Buildings.
5.50 p.m. The Chairman adjourned the meeting.
Lord Morrow of Clogher Valley MLA
Chairman, Committee for Justice
14 October 2010
30 September 10 / Menu
