COMMITTEE FOR JUSTICE
MINUTES OF PROCEEDINGS
THURSDAY, 21 OCTOBER 2010
ROOM 29, PARLIAMENT BUILDINGS

Present:
Lord Morrow MLA (Chairman)
Mr Raymond McCartney MLA (Deputy Chairman)
Lord Browne MLA
Mr Tom Elliott MLA
Mr Paul Givan MLA
Mr Alban Maginness MLA
Mr Conall McDevitt 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 Kevin Marks (Clerical Officer)

Apologies:
Mr Thomas Buchanan MLA
Ms Carál Ní Chuilín MLA

The meeting commenced at 2.05 p.m. in public session.

1. Apologies

Apologies are detailed above.

2. Draft minutes of the meeting held on 14 October 2010

Agreed: The Committee approved the draft minutes of the meeting of 14 October 2010.

3. Matters arising

1. The Committee considered the report of the audit of all Sexual Offences Prevention Orders (SOPOs) made in Northern Ireland which the Minister of Justice ordered to be carried out following the Donagh case and noted that of the 372 orders audited, 350 (94.1%) accurately reflected the Judge’s decision and gave effect to the order of the court while errors were identified in 22 (5.9%).
   Agreed: The Committee agreed that the figures should be checked against those provided in the Minister of Justice’s statement to the Assembly on the matter.
2. The Committee considered correspondence from the Department of Justice providing an up-date on the Budget 2010 process and the priorities in relation to spending proposals and spending plans.
   Agreed: The Committee agreed that an oral update briefing outlining the work to date on the budget proposals, the initial priorities that have been identified, the likely impact of the recent Comprehensive Spending Review announcement and issues relating to ring-fencing the budget should be scheduled for the meeting on 4 November.
   Agreed: The Committee agreed to write to the Minister of Justice requesting information on his priorities in relation to spending proposals and savings plans before they are finalised and in a timely manner to enable the Committee to consider them.
3. The Committee noted correspondencefromthe Minister of Justice outlining his intentionto seek agreement from the Executive Committee for a Legislative Consent Motion (LCM) for the DNA/Fingerprint Retention Framework in Northern Ireland following approval of the proposal by the Committee on 7 October.
4. The Committee considered a draft press release encouraging the public to participate in a recently launched consultation by the Department of Justice on a Sentencing Guidelines Mechanism.
   Agreed: The Committee agreed the wording of the press release and that it should issue during the week beginning 25 October 2010.
5. The Committee considered correspondence from the Minister of Justice in response to the Joint Committee’s call for a review of policy in relation to public protection issues in light of the Donagh Case and noted his intention to await the findings of the RQIA review and CJINI Inspection before reaching any firm conclusions on the need for a further review.
   Agreed: The Committee agreed to forward a copy of the correspondence to the Committee for Health, Social Services and Public Safety.
6. The Committee considered correspondence from Include Youth regarding the proposed Review of Youth Justice.
   Agreed: The Committee agreed to forward the correspondence to the Minister of Justice for his comments on the issues raised.
   Agreed: The Committee agreed to schedule a briefing from Include Youth representatives on the Youth Justice Review at the meeting on 4 November 2010.
   Agreed: The Committee agreed that representatives from the Children’s Law Centre should also be provided with an opportunity to brief the Committee on 4 November 2010.
7. The Committee considered correspondencefrom the Department of Justice providing an up-date on the pre-consultation exercise for the development of a future Community Safety Strategy and a draft strategy
   Agreed: The Committee agreed to schedule a briefing from Departmental officials on the draft strategy at the meeting on 4 November 2010.

4. Briefing by Departmental officials on the Justice Bill

Gareth Johnston,Deputy Director of Justice Strategy Division, Tom Haire, Head of Criminal Law Branch and Bill manager for the Justice Bill, John Halliday, Criminal Legal Aid Policy Advisor and Laurene McAlpine, Head of Civil Policy and Legislation Division joined the meeting at 2.21 p.m.

The officials briefed the Committee on the principles and content of the Justice Bill and outlined a number of proposals that had not been included in the Bill and some proposals that had adjusted prior to its introduction.

A question and answer session followed which covered issues such as legislative competence, the proposals to confer rights of audience on solicitor advocates in the higher courts which was not included in the Bill, the sports provisions and fixed penalty notices

2.29 p.m. Mr Elliott left the meeting.

The evidence session was recorded by Hansard.

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

5. Proposals for Committee Stage of the Justice Bill

The Committee considered proposals for its handling of the Committee Stage of the Justice (Northern Ireland) Bill.

Agreed: The Committee agreed a list of key stakeholders and a letter that would issue immediately seeking evidence on the Justice Bill with a closing date for submissions of 17 November 2010.

Agreed: The Committee agreed a format for oral evidence sessions on the Justice Bill.

Agreed: The Committee agreed that the proposed visit to the Young Offenders Centre at Hydebank should go ahead as planned and scrutiny of the Bill should begin on 18 November.

6 . Briefing on the Criminal Justice Inspectorate Report on the Handling of Sexual Violence and Abuse Cases by the Criminal Justice System

Dr Michael Maguire, Chief Inspector, Brendan McGuigan, Deputy Chief Inspector and Rachel Lindsay, Inspector joined the meeting at 3.25 p.m.

The Chief Inspector briefed the Committee on the findings and recommendations of the CJI report on the Handling of Sexual Violence and Abuse Cases by the Criminal Justice System and answered questions from Members on issues including the high rates of underreporting of such crimes, the very low conviction rate relative to the number of crimes that are reported, the delay in cases progressing through the system and the need to provide better support and information to the victim throughout the process.

3.48 p.m. Mr Elliott rejoined the meeting.

The evidence session was recorded by Hansard.

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

7. Briefing on actions being taken in response to the findings of the CJI Report on the Handling of Sexual Violence and Abuse Cases by the Criminal Justice System

Gareth Johnston, Head of Justice Strategy Division, Janice Smiley, Head of Criminal Justice Policy Unit, Alister Wallace, Superintendent, PSNI and Stephen Burnside, Public Prosecution Service joined the meeting at 4.29 p.m.

The officials briefed the Committee on actions being taken to address the findings of the CJI Report and answered questions from Members on what progress was being made to improve the provision of care for victims and witnesses and the services provided to them for all the criminal justice organisations.

4.38 p.m. Mr Elliott left the meeting.
4.53 p.m. Mr Givan left the meeting.
5.05 p.m. Mr O’Dowd left the meeting.

The evidence session was recorded by Hansard.

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

8. EU Directive – The Right to Information in Criminal Proceedings – Opt In Decision

The Committee noted correspondence indicating the Minister of Justices intention to formally signal his agreement to the UK opting into a draft EU Directive on the Right to Information in Criminal Proceedings.

9. Correspondence

1. The Committee noted correspondence from the Department of Justice giving prior notification of an Order in Council which would transfer policing and justice functions that were omitted from the original transfer of policing and justice powers on 12 April 2010.
2. The Committee considered correspondence from the Minister for Justice regarding the future of the Security Industry Authority.
   Agreed: The Committee agreed to request further information on how the interim arrangements would operate and the likely timescale for the interim arrangements to be phased out and the new regulatory arrangements to be introduced.
3. The Committee considered correspondence from the Minister of Justice responding to the concerns of Michelle Gildernew MLA regarding the handling of the response to questions raised at a meeting on 14 July with the survivors of the McDermott Brothers case.
   Agreed: The Committee agreed that a copy of the letter should be forwarded to the Health Committee.
4. The Committee noted correspondence from the Department regarding the Minister of Justice’s intention to indicate his support for a formal criminal record information sharing agreement with the Republic of Albania.
5. The Committee considered correspondence from the Department of Justice regarding a public consultation on a new Code of Practice for Victims of Crime.
   Agreed: The Committee agreed to schedule a briefing on the consultation on a new Code of Practice for Victims of Crime into the Work Programme.
6. The Committee noted a response from the Department of Justice in relation to concerns it has raised regarding the lack of formal consultation on the Firearms (Amendment) Regulations 2010.
7. The Committee considered correspondence from the Prison Officers Association regarding the mismanagement of the Northern Ireland Prison Service.
   Agreed : The Committee agreed to refer the issues raised to the Department of Justice for comment.
   Agreed: The Committee agreed to schedule a briefing by the Prison Officers Association on prison issues into the Work Programme.
8. The Committee noted correspondence from the Probation Board enclosing a guide to the work of the Probation Board Northern Ireland‘Probation 2010/11’.
9. The Committee considered correspondence from the Youth Justice Agency inviting the Chairman to an informal meeting with the Chief Executive to discuss the Agency’s work and inviting the Committee to visit the Agency’s Headquarters and/or Woodlands Juvenile Justice Centre.
   Agreed: The Committee agreed that the Chairman should meet with the Chief Executive of the Youth Justice Agency and that a brief visit should be rescheduled into the Committee’s Work Programme for early 2011.
   Agreed: The Committee agreed to write to Dr Bill Lockhart, the recently retired Chief Executive of the Youth Justice Agency, thanking him for his work in the field of juvenile justice.
10. The Committee considered correspondence from the Committee for Culture, Arts and Leisure requesting a briefing by Department of Justice officials on the proposed sports laws and spectator controls.
    A greed: The Committee agreed to forward the correspondence to the Department of Justice.
11. The Committee considered correspondence from Councillor Patricia Logue regarding the use of images of children and young people in the media by the PSNI.
    Agreed: The Committee agreed to write to the Chief Constable regarding the issues raised by Councillor Louge.

10 . Any Other Business

The Committee noted correspondence from the Minister of Justice outlining the findings of an independent assessment of how the agreement of 12 August which led to the cessation of protest action by separated prisoners in Roe House, Maghaberry Prison, is working in practice.

11. Date and Time of next Meeting

The next meeting of the Committee is scheduled to take place on Thursday 4 November 2010 at 2.00 p.m. in the Senate Chamber, Parliament Buildings.

5.19 p.m. The Chairman adjourned the meeting.

Lord Morrow of Clogher Valley MLA
Chairman, Committee for Justice
4 November 2010

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