COMMITTEE FOR JUSTICE
MINUTES OF PROCEEDINGS
THURSDAY, 16 DECEMBER 2010
ROOM 29, 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
Ms Carál Ní Chuilín MLA
Mr John O’Dowd MLA
In Attendance:
Mrs Christine Darrah (Assembly Clerk)
Mr Vincent Gribbin (Assistant Assembly Clerk)
Mr Kevin Marks (Clerical Officer)
The meeting commenced at 1.49 p.m. in public session.
1. Apologies
There were no apologies.
2. Draft minutes of the meetings held on 7 and 9 December 2010
Agreed: The Committee approved the draft minutes of the meetings of 7 and 9 December 2010.
3. Matters Arising
(i) The Committee considered correspondence from the Minister of Justice indicating his intention to bring forward two amendments to the Justice Bill on sex offender notification requirements.
Agreed: The Committee welcomed the proposed amendments and agreed that it wished to see the draft text as soon as possible.
(ii) The Committee noted an updated post-consultation report provided by the Department of Justice on the remuneration of defence representation in the Crown Court.
1.58 p.m. Mr McNarry joined the meeting.
(iii) The Committee considered a Report by the Criminal Justice Inspectorate (CJI) on Northern Ireland Prison Service Corporate Governance Arrangements.
Agreed: The Committee agreed that arrangements should be made for the Chief Inspector to attend a meeting to brief Members on the key findings and the briefing should take place prior to the Prison Service Teams interim report being made available.
(iv) The Committee considered correspondence from the Chief Commissioner of the Northern Ireland Human Rights Commission, requesting an opportunity to give oral evidence on the Justice Bill.
Agreed: The Committee agreed that arrangements should be made for the oral evidence sessions with the Human Rights Commission and the PSNI on the Justice Bill.
Agreed: The Committee agreed to hold an additional meeting on 11 January 2011 to accommodate the additional briefings.
The Committee considered correspondence from the Committee for Finance and Personnel regarding the Executive’s Draft Budget 2011-15.
Agreed: The Committee agreed to request up-dated written briefing on the Department of Justice spending proposals, savings delivery plans, including any implications for frontline services, and equality impact assessments and to schedule an oral briefing session in early January.
4. Proposal for a Statutory Rule to commence in Northern Ireland Section 2(1)(d) of the Corporate Manslaughter and Corporate Homicide Act 2007
The Committee considered proposals for a Statutory Rule to commence in Northern Ireland Section 2(1) (d) of the Corporate Manslaughter and Corporate Homicide Act 2007 to bring into operation that part of the offence of corporate manslaughter that applies to duties of care owed to persons in custody or detention.
Agreed: The Committee agreed to schedule an oral briefing by departmental officials on the proposal.
Agreed: The Committee agreed to refer the proposal for the Statutory Rule to the Committee for Health, Social Services and Public Safety for its views given the implications for the Department of Health .
2.03 p.m. Mr Maginness joined the meeting.
5. Court Related Delegated Legislation – Forward Programme
The Committee considered a programme of Court Rules to be progressed in January and February 2011.
Agreed: The Committee agreed that it wished to receive SL1s in relation to the following 5 Court Rules:
- Insert provision into Order 62 the Rules of the Court of Judicature (Northern Ireland) 1980 to ensure compliance with the EU Public Participation Directive.
- Insert a new Order 125 into the Rules of the Court of Judicature (Northern Ireland) 1980 to reflect provisions in Part 7 of the Coroners and Justice Act 2009 relating to criminal memoirs.
- Insert new rules 165 – 170 into the Magistrates’ Courts Rules (Northern Ireland) 1984 to prescribe the procedure to be followed in relation to investigation anonymity orders under the Coroners and Justice Act 2009.
- Amend the Magistrates’ Courts Rules (Northern Ireland) 1984 to make provision in relation to pleas of guilty by post.
- Make technical amendments to the Magistrates’ Courts Rules (Northern Ireland) 1984 to give effect to the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children.
6. Correspondence
(i) The Committee considered correspondence from the Committee for Health, Social Services and Public Safety regarding the Autism Bill.
Agreed: The Committee agreed to forward the correspondence to the Department of Justice and request comments on any relevant aspects of the Bill.
(ii) The Committee considered correspondence from a Mr Christy Walsh regarding his application to the Supreme Court.
Agreed: The Committee agreed to forward the correspondence to the Department of Justice and request information and comments on the issues raised.
(iii) The Committee noted correspondence from the Committee for the Office of the First Minister and the Deputy First Minister providing a copy of the Hansard Report of its evidence session on the Child Poverty Strategy and Childcare Strategy on 24 November 2010.
7 . Any Other Business
None.
The meeting was suspended at 2.16 p.m.
The meeting resumed in the Long Gallery at 2.35 p.m.
Present:
Lord Morrow MLA (Chairman)
Mr Raymond McCartney MLA (Deputy Chairman)
Lord Browne MLA
Mr Thomas Buchanan 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)
8. The Justice Bill – Oral Evidence Sessions
The Chairman welcomed the witnesses to the meeting and outlined the structure of the evidence session.
Briefing by Department of Justice Officials onPart 3 and Schedules 1 and 2 of the Justice Bill relating to Policing and Community Safety Partnerships.
David Hughes, Head of Policing Policy & Strategy Division, Gareth Johnston, Deputy Director of Justice Strategy Division, Nichola Creagh, Policing Policy and Strategy Division and Dan Mulholland, Policing Policy and Strategy Division joined the meeting at 2.41 p.m.
The Departmental officials briefed the Committee on Part 3 and Schedules 1 and 2 of the Justice Bill relating to Policing and Community Safety Partnerships and the intent of the clauses and answered questions from Members.
Lord Browne declared his interest as a member of Belfast City Council.
2.53 p.m. Sir Reg Empey joined the meeting.
The Chairman thanked the officials for the briefing.
The Chairman invited the witnesses to outline issues in relation to Part 3 and Schedules 1 and 2 of the Justice Bill relating to Policing and Community Safety Partnership.
Clause 20 – Establishment of PCSPs and DPCSPs
Derek Hussey, Strabane Community Safety Partnership, Suzanne Wylie, Belfast City Council, Sarah Wilson, Craigavon Community Safety Partnership, Claire Linney, Dungannon and South Tyrone Borough Council and Jeff Barr, Strabane District Policing Partnership raised a number of issues regarding Clause 20 of the Bill.
Clauses 21 and 22 – Functions of PCSP and DPCSP
Koulla Yiasouma, Include Youth, Suzanne Wylie, Belfast City Council, Liz Cuddy, Extern, Ms Bridget McCaughan, Limavady Borough Council and Derek Hussey, Strabane Community Safety Partnership raised a number of issues regarding Clauses 21 and 22 of the Bill.
Clause 23 – Code of practice for PCSPs and DPCSPs
Sarah Wilson, Craigavon CSP and Rosaleen Moore, Northern Ireland Policing Board raised a number of issues regarding Clause 23 of the Bill.
Clauses 24, 27 and 30 – Accountability and Reporting
Wendy Carson, Larne Borough Council, Helen Richmond, Northern Ireland Local Government Association, Jeff Barr, Strabane District Policing Partnership and Rosaleen Moore, Northern Ireland Policing Board raised a number of issues regarding Clauses 24, 27 and 30 of the Bill.
Clause 30 – Reports by policing committees to Policing Board
Jeff Barr, Strabane District Policing Partnership raised a number of issues regarding Clause 30 of the Bill.
Clause 33 –Other community policing arrangements
Liz Cuddy, Extern, Derek Hussey, Strabane Community Safety Partnership and Ian Creswell, Coleraine Community Safety Partnership raised a number of issues regarding Clause 33 of the Bill.
Clause 34 –Duty on public bodies to consider community safety implications in exercising duties
Jack Beattie, Northern Ireland Local Government Association, Bridgeen Butler, Moyle Community Safety Partnership, Mary McKee, Northern Ireland Policing Board, Derek Hussey, Strabane Community Safety Partnership, Sarah Wilson, Craigavon Community Safety Partnership, Koulla Yiasouma, Include Youth and Jeff Barr, Strabane District Policing Partnership raised a number of issues regarding Clause 34 of the Bill.
Clause 35 – Functions of joint committee and Policing Board
Suzanne Wylie, Belfast City Council, Rosaleen Moore, Northern Ireland Policing Board, Sarah Wilson, Craigavon CSP, Jeff Barr, Strabane DPP and Helen Richmond, Northern Ireland Local Government Association raised a number of issues regarding Clause 35 of the Bill.
Schedule 1 and 2 – Policing and Community Safety Partnerships and District Policing and Community Safety Partnerships
Paragraph 4 - Independent Members
Michael McCrory, Magherafelt CSP and DPP, Maura Hickey, Coleraine DPP, Amanda Stewart, Northern Ireland Policing Board, Mary McKee, Northern Ireland Policing Board, Jeff Barr, Strabane District Policing Partnership, Sarah Wilson, Craigavon CSP, Helen Richmond, Northern Ireland Local Government Association, raised a number of issues regarding Paragraph 4in Schedules 1 and 2of the Bill.
3.54 p.m. Mr Buchanan left the meeting.
Paragraph 7 – Representatives of Designated Organisations
Philip McKeown, Moyle DPP, Paul Doran, Probation Board, Cathy Watson, Ballymoney CSP, Campbell Dixon, Newtownabbey Borough Council, Koulla Yiasouma, Include Youth and Derek Hussey, Strabane Community Safety Partnership raised a number of issues regarding Paragraph 7in Schedules 1 and 2of the Bill.
Paragraph 10 - Chair and Vice Chair
Cathy Watson, Ballymoney CSP, Rosaleen Moore, Northern Ireland Policing Board Bridget McCaughan, Limavady Borough Council, Jeff Barr, Strabane District Policing Partnership, Helen Richmond, Northern Ireland Local Government Association and Sarah Wilson, Craigavon CSP raised a number of issues regarding Paragraph 10in Schedules 1 and 2of the Bill.
Paragraph 13 – Policing Committee: Procedures
Alison Allen, Antrim CSP, DPP and Borough Council and Cathy Watson, Ballymoney CSP raised a number of issues regarding Paragraph 13in Schedules 1 and 2of the Bill.
Paragraph 17 - Finance
Suzanne Wylie, Belfast City Council, Jeff Barr, Strabane District Policing Partnership, Mary McKee, Northern Ireland Policing Board, Sarah Wilson, Craigavon CSP, Helen Richmond, Northern Ireland Local Government Association, Derek Hussey, Strabane Community Safety Partnership, Michael McCrory, Magherafelt CSP and DPP and Olwen Lyner, NIACRO raised a number of issues regarding Paragraph 17in Schedules 1 and 2of the Bill.
The Chairman thanked the representatives for their evidence.
Response by Department of Justice officials on the issues raised by the organisations
David Hughes, Gareth Johnston, Nichola Creagh and Dan Mulholland returned to the table at 4.34 p.m.
The Departmental officials responded to the issues raised by the organisations on the Policing and Community Safety Partnerships clauses of the Justice Bill, answered questions from Members and agreed to provide the Committee with further information on a range of matters.
The Chairman thanked the officials for the briefing and they left the meeting.
The evidence session was recorded by Hansard.
9: Date and Time of next Meeting
The next meeting will be held on Thursday 11 January 2011 at 1.30 p.m. in Room 144, Parliament Buildings.
5.34 p.m. The Chairman adjourned the meeting.
Lord Morrow of Clogher Valley MLA
Chairman, Committee for Justice
11 January 2011
9 December 10 / Menu
