COMMITTEE FOR JUSTICE
MINUTES OF PROCEEDINGS
THURSDAY, 2 DECEMBER 2010
SENATE CHAMBER, PARLIAMENT BUILDINGS

Present:
Lord Morrow MLA (Chairman)
Mr Raymond McCartney MLA (Deputy Chairman)
Lord Browne MLA
Mr Thomas Buchanan MLA
Sir Reg Empey 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)
Mrs Roisin Donnelly (Assistant Assembly Clerk)
Mr Joe Westland (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 25 November 2010

Agreed: The Committee approved the draft minutes of the meeting of 25 November 2010.

3. Matters Arising

(i) The Committee notedthat arrangements had been made for the Minister of Justice to attend the meeting on 9 December 2010 to discuss the findings of the report on the erroneous release of two prisoners by the NI Prison Service and the more recent mistaken release.

(ii) The Committee noted a letter from the Minister of Justice outlining changes to the composition of the Youth Justice Review Team and an extension of the timescale for the Review until June 2011 and welcomed the changes which it had been asking for.

The Chairman advised the Committee that he and the Deputy Chairman had held an introductory meeting with the members of the Youth Justice Review Team on 30 November 2010.

(iii) The Chairman advised the Committee that a note of the key issues raised by organisations during the informal event held in the Long Gallery on 29 November 2010 would be circulated in due course.

(iv) The Chairman advised the Committee that an informal meeting, in conjunction with the Committee for Health, Social Services and Public Safety, would take place on 16 December 2010 in relation to the Donagh case.

Agreed: The Committee agreed that one representative from each of the parties from each Committee should attend the meeting.

4. December Monitoring Round

Anthony Harbinson, Director of Justice Delivery, Glyn Capper, Deputy Director, Finance Division and David Hughes, Head of Policing Policy and Strategy Division, joined the meeting at 2.10 p.m.

2.22 p.m. Sir Reg Empey joined the meeting.

The officials outlined the key points and issues in relation to the December Monitoring Round and answered questions from Members on issues including the high level of legal fees associated with the PSNI Hearing Loss costs; potential PSNI equal pay costs; and in-year budget reductions.

During the question and answer session the officials agreed to provide the Committee with further information.

The Chairman thanked the officials for the briefing.

The evidence session was recorded by Hansard.

Agreed: The Committee agreed to request further information regarding a potential equal pay case by the trade union.

Agreed: The Committee agreed to request further information on the number of claimants involved in the Civil Service equal pay settlement and whether this number included retired civil servants.

5. The Justice Bill – Oral Evidence Sessions

Briefing by Department of Justice Officials on Part 7 - Legal Aid etc, Part 8 - Miscellaneous and Part 9 - Supplementary Provisions of the Justice Bill

Gareth Johnston, Deputy Director of Justice Strategy Division, Robert Crawford, Head of Public Legal Services Division, Geraldine Fee, Head of Criminal Policy and Legislation Division and Laurene McAlpine, Head of Civil Policy and Legislation Division joined the meeting at 2.57 p.m.

The Departmental officials briefed the Committee on the Legal Aid, Miscellaneous and Supplementary Provisions clauses of the Bill and the intent of the clauses and answered questions from Members.

The Chairman thanked the officials for the briefing.

The evidence session was recorded by Hansard.

Briefing by the General Council of the Bar of Northern Ireland

Adrian Colton QC, Chairman of the Bar Council, Dermot Fee QC Member of the Bar Council and Brendan Garland, Chief Executive joined the meeting at 3.22 p.m.

The representatives briefed the Committee on the Bar Council’s view on the Legal Aid, Miscellaneous and Supplementary Provisions Clauses of the Bill and answered questions from Members on issues such as achieving a balance between the need to reduce costs of Legal Aid and maintain access to justice; the proposed means test for criminal legal aid; recovery of defense cost orders; and litigation funding agreements.

The Chairman thanked the representatives for the briefing.

The evidence session was recorded by Hansard.

3.50 p.m. Mr Thomas Buchanan left the meeting.

Briefing by Women’s Aid Federation Northern Ireland

Gillian Clifford, Regional Policy and Information Coordinator for Women’s Aid Federation NI, Patricia Lyness, Management Coordinator for Belfast and Lisburn Women’s Aid, Noelle Collins, Team Leader, Belfast and Lisburn Women’s Aid, Sonya Lutton, Deputy Helpline Manager joined the meeting at 3.50 p.m.

The representatives briefed the Committee on Women’s Aid Federation’s views on the Legal Aid clauses of the Justice Bill and answered questions from Members on issues such as the potential adverse impact of non-eligibility for legal aid on victims of domestic violence, particularly in relation to non-molestation orders, and a proposal for automatic entitlement to access legal aid for victims of domestic violence.

The Chairman thanked the representatives for the briefing.

The evidence session was recorded by Hansard.

Briefing by the Law Society of Northern Ireland

Brian Speers, President of the Law Society, Norville Connolly, Senior Vice President and Alan Hunter, Chief Executive joined the meeting at 4.10 p.m.

The representatives briefed the Committee on the Law Society’s views on the Legal Aid, Miscellaneous and Supplementary Provisions clauses of the Justice Bill and the need for the solicitor advocacy clauses to be reintroduced into the Bill and answered Members questions on issues such as the proposed means test for criminal legal aid; the training and accreditation requirements for Solicitor Advocates; and the need for an impact assessment in relation to the Legal Aid clauses.

The Chairman thanked the representatives for the briefing.

The evidence session was recorded by Hansard.

4.11 p.m. Mr David McNarry left the meeting.

4.18 p.m. Mr John O’Dowd left the meeting.

Response by Department of Justice officials on the issues raised by the organisations

Gareth Johnston, Deputy Director of Justice Strategy Division, Robert Crawford, Head of Public Legal Services Division, Geraldine Fee, Head of Criminal Policy and Legislation Division and Laurene McAlpine, Head of Civil Policy and Legislation Division returned to the table at 4.42 p.m.

The Departmental officials responded to the issues raised by the organisations on the the Legal Aid, Miscellaneous and Supplementary Provisions clauses of the Justice Bill and agreed to provide further information in relation to the number of Legal Aid claimants involved in personal injury cases.

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

The Committee discussed the position in relation to Clause 85 and Court Rules Committees.

Agreed: The Committee agreed to consider previous information provided by the Department of Justice on the Court Rules Committees and request advice from the Examiner of Statutory Rules on the matter.

The evidence session was recorded by Hansard.

6. The Justice Bill - consideration of Clauses 36 to 55 and Schedule 3 on Sport

The Committee discussed the evidence received and the issues raised in relation to the Sports Clauses of the Justice Bill at its meeting on 18 November 2010 and noted a letter from the Minister of Justice to Ulster Rugby regarding flexibility for implementing the sports provisions within the Bill.

Agreed: The Committee agreed to give further consideration to the issues raised during the clause by clause scrutiny of the Bill which was scheduled to begin in the New Year.

The evidence session was recorded by Hansard.

7. Chairman’s Business

(i) The Committee noted a report of a meeting that took place on 23 November between the Chairman and Deputy Chairman and the Acting Chairman, Acting Vice Chairman and Chief Executive of the Policing Board to discuss the Ken Reid Assessment Report.

(ii) The Committee discussed the merits of sending electronic or traditional Christmas cards to key Justice stakeholder organisations.

Agreed: The Committee agreed that the Chairman should send electronic Christmas cards to the main Justice stakeholders on behalf of the Committee.

8. Correspondence

(i) The Committee noted correspondence from the Minister of Justice regarding the Youth Justice Agency Photography Competition.

(ii) The Committee noted correspondence from the Minister of Justice regarding the report by the Police Ombudsman into the Claudy Bombing.

(iii) The Committee noted a briefing paper from the Department of Justice regarding the use of ‘Mosquito’ youth dispersal devices in Northern Ireland.

(iv) The Committee noted correspondence from the Department of Justice providing further information on how the interim arrangements for the regulation of the private security industry will operate and the likely timescale for the interim arrangements to be phased out and new regulatory arrangements introduced.

(v) The Committee noted correspondence from the Department of Justice regarding the proposals to devolve the administration of tribunals to Northern Ireland and Scotland.

(vi) The Committee noted correspondence from the Criminal Justice Inspectorate Northern Ireland providing further information arising from the oral briefing session on the Sexual Violence and Abuse Report.

(vii) The Committee noted correspondence from the Committee for the Office of the First Minister and Deputy First Minister regarding European issues.

(viii) The Committee noted correspondence from the Committee for Finance and Personnel regarding Ministerial Correspondence on the Draft Budget 2011-15.

(ix) The Committee considered correspondence from the Committee for the Office of the First Minister and Deputy First Minister regarding the Child Poverty Strategy.

Agreed: The Committee agreed to request information from the Department of Justice on relevant aspects of the strategy.

(x) The Committee considered a report by the Criminal Justice Inspectorate on a thematic inspection of the handling of domestic violence and abuse cases by the criminal justice system in Northern Ireland.

Agreed: The Committee agreed that arrangements should be made for the Chief Inspector to attend a meeting in late January/early February to outline his key findings and recommendations contained in the report and departmental officials should also attend to outline the actions being taken in response.

(xi) The Committee considered correspondence from the Committee for the Office of the First Minister and Deputy First Minister requesting the attendance of Department of Justice officials at its meeting on 15 December to give evidence in relation to the Transfer of Functions (Tribunal Reform) Order (NI) 2010.

Agreed: The Committee agreed to forward the request to the Department of Justice.

9. Any Other Business

None.

10. Date and time of next meeting

The next Committee meeting will be held on Tuesday 7 December at 3.00 p.m. in Room 29, Parliament Buildings.

5.39 p.m. The Chairman adjourned the meeting.

Lord Morrow of Clogher Valley MLA
Chairman, Committee for Justice
9 December 2010

25 November 10 / Menu