COMMITTEE FOR JUSTICE
MINUTES OF PROCEEDINGS
TUESDAY, 8 FEBRUARY 2011
ROOM 21, PARLIAMENT BUILDINGS
Present:
Lord Morrow MLA (Chairman)
Mr Raymond McCartney MLA (Deputy Chairman)
Lord Browne MLA
Mr Thomas Buchanan MLA
Mr Paul Givan MLA
Mr David McNarry MLA
Mr Conall McDevitt MLA
Mr Alban Maginness 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)
The meeting commenced at 3.05 p.m. in public session.
1. Apologies
There were no apologies.
2. Draft minutes of the meeting held on 1 February 2011
Agreed: The Committee approved the draft minutes of the meeting held on 1 February 2011.
3. Matters Arising
The Committee noted the information provided on the Scottish model for fingerprint.
The Committee discussed sentences awarded by judges in a number of court cases that had been highlighted by the media.
Agreed: The Committee agreed to write to the Lord Chief Justice requesting information in relation to sentencing policy, and consistency and the factors that relate to decisions.
4. The Justice Bill - Formal Clause by Clause Consideration of Part 3 – Policing and Community Safety Partnerships - and Schedules 1 and 2
The Committee continued its clause-by-clause consideration of the Justice Bill covering Clauses 20 to 35 and Schedules 1 and 2 relating to PCSPs and DPCSPs.
Gareth Johnston, Head of Justice Strategy Division, David Hughes, Head of Policing Policy and Strategy Division, Dan Mulholland, Policing Policy and Strategy Division and Nichola Creagh, Policing Policy and Strategy Division joined the meeting at 3.28 p.m. to provide further information and clarification if necessary.
3.34 p.m. Mr McCartney left the meeting.
Clause 20
The Committee considered Clause 20 as drafted.
“Question: That the Committee is content with Clause 20 put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 2
AYES
Lord Browne
Mr Alban Maginness
Mr David McNarry
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Mr John O'Dowd
Lord Morrow did not participate in the vote.
Clause 21
The Committee had voiced its support for an amendment to clause 21(d), as proposed by Include Youth in its written submission, to insert “and fully considering” after “to make arrangements for obtaining” to ensure meaningful consultation.
The Committee considered an amendment proposed by the Department to this effect in relation to Clauses 21 and 22.
The Committee considered Clause 21 as amended.
“Question: That the Committee is content with Clauses 21 and 22 as amended as follows:
Clause 21, page 17, line 26, at end insert ‘to consider fully any views so obtained’
Clause 22, page 18, line 21, at end insert ‘and to consider fully any views so obtained’
Put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 2
AYES
Lord Browne
Mr Alban Maginness
Mr David McNarry
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Mr John O'Dowd
Lord Morrow did not participate in the vote.
Clauses 23 - 29
The Committee considered Clauses 23 to 29 as drafted.
“Question: That the Committee is content with Clauses 23 - 29 put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 2
AYES
Lord Browne
Mr Alban Maginness
Mr David McNarry
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Mr John O'Dowd
Lord Morrow did not participate in the vote.
Clauses 30 - 33
The Committee considered Clauses 30 to 33 as drafted.
“Question: That the Committee is content with Clauses 30 to 33 put and agreed to”.
The Committee divided: Ayes 3; Noes 0; Abstain 3
AYES
Lord Browne
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Mr John O'Dowd
Mr David McNarry
Lord Morrow did not participate in the vote.
3.34 p.m. Mr McCartney rejoined the meeting.
Clause 34
The Committee had previously considered a proposed amendment from the Department to meet the concerns raised by Members regarding the statutory duty arising from Clause 34 and agreed to postpone its decision to allow Members more time to consider the issue.
3.40 p.m. Mr Givan joined the meeting.
3.51 p.m . Mr McNarry left the meeting.
The Department briefed the Committee on proposals for a further amendment in light of the continuing concerns of the Committee and its discussions with the Attorney General. The new amendment would require the Department to secure the approval of the Attorney General before issuing any guidance as to how a public body should comply with the duty.
The Department advised the Committee that the Attorney General was of the view the amendment should go further in two respects. The first was so that the duty of the public body was to the guidance which he has approval of and the second, to ensure that there is no wasteful litigation, was that the guidance will lay-out the extent to which failure by a public body to meet the guidance could be dealt with. The Department was still in the process of drawing up the draft amendment.
Agreed: The Committee agreed that, if the clause, even as amended still created a statutory duty on public bodies and this is not sufficiently qualified then it would not be acceptable. In the absence of a satisfactory amendment from the Department the Committee was of the view to reject the clause in its entirety.
The Committee considered Clause 34 as drafted.
“Question: That the Committee is not content with Clause 34 put and agreed to”.
The Committee divided: Ayes 3; Noes 0; Abstain 4
AYES
Mr Alban Maginness
Mr Paul Givan
Mr Conall McDevitt
ABSTAIN
Lord Browne
Mr Raymond McCartney
Ms Carál Ní Chuilín
Mr John O'Dowd
Lord Morrow did not participate in the vote.
Clause 35
The Committee considered Clause 35 as drafted.
“Question: That the Committee is content with Clause 35 put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 3
AYES
Lord Browne
Mr Alban Maginness
Mr Paul Givan
Mr Conall McDevitt
ABSTAIN
Mr Raymond McCartney
Ms Carál Ní Chuilín
Mr John O'Dowd
Lord Morrow did not participate in the vote.
Schedule 1 Paragraphs 1 - 3
The Committee considered Schedule 1 paragraphs 1 - 3 as drafted.
“Question: That the Committee is content with Schedule 1 paragraphs 1- 3 put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 3
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Mr Raymond McCartney
Ms Carál Ní Chuilín
Mr John O'Dowd
Lord Morrow did not participate in the vote.
Schedule 1 Paragraph 4
The Committee considered an amendment proposed by the Department providing for the payment to all members of Policing and Community Safety Partnerships which aimed to give the councils the scope to pay expenses to all members who do not receive them from their own organisation.
The Committee considered Schedule 1 paragraph 4 as amended.
“Question: That the Committee is content with Schedule 1 paragraph 4 as amended as follows:
Schedule 1, page 70, line 19, at end insert –
‘Expenses
16A. The council may pay to members of a PCSP such expenses as the council may determine.’
Put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 3
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Mr Raymond McCartney
Ms Carál Ní Chuilín
Mr John O'Dowd
Lord Morrow did not participate in the vote.
Schedule 1 Paragraphs 5 - 6
The Committee considered Schedule 1 paragraphs 5 - 6 as drafted.
“Question: That the Committee is content with Schedule 1 paragraphs 5- 6 put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 3
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Mr Raymond McCartney
Ms Carál Ní Chuilín
Mr John O'Dowd
Lord Morrow did not participate in the vote.
4.01 p.m. Mr McCartney left the meeting.
Schedule 1 Paragraph 7
The Committee considered two alternative proposals from the Department of Justice to amend schedule 1 paragraph 7. Proposal A was in line with a request from the Committee which would allow for a list of specified organisations for inclusion on every PCSP to be made by affirmative resolution. Proposal B, which was the Department’s preferred option and which it believed met the Committee’s concerns required the Joint Committee to issue a list of organisations which the PCSPs must actively and seriously consider for inclusion before designating organisations to be represented on the partnership, but retained the flexibility of individual PCSPs.
The Committee considered Schedule 1 paragraph 7 as amended by proposal A.
“Question: That the Committee is content with Schedule 1 paragraph 7 as amended as follows:
Schedule 1, page 66, line 4, at end insert
‘(2A) The Department may by order designate organisations for the purposes
of this paragraph.
(2B) No order may be made under sub-paragraph (2A) unless
(a) the Department has consulted each PCSP; and
(b) a draft of the order has been laid before and approved by a resolution
of the Assembly.’
Schedule 1, page 66, line 5, after ‘PCSP’ insert ‘or by an order under sub-
paragraph (2A)’
Put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 2
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Mr John O'Dowd
Lord Morrow did not participate in the vote.
Schedule 1 Paragraphs 8 and 9
The Committee considered Schedule 1 paragraphs 8 and 9 as drafted.
“Question: That the Committee is content with Schedule 1 paragraphs 8 and 9 put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 2
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Mr John O'Dowd
Lord Morrow did not participate in the vote.
Schedule 1 Paragraphs 11 - 16
The Committee considered Schedule 1 paragraphs 11 - 16 as drafted.
“Question: That the Committee is content with Schedule 1 paragraphs 11 - 16 put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 2
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Mr John O'Dowd
Lord Morrow did not participate in the vote.
Schedule 1 Paragraph 17
The Committee considered a proposed amendment by the Department to replace the word “may” with “shall” relating to the granting of finances to the council for funding of the PCSPs to ensure that the Department and Policing Board’s commitment to funding the PCSPs is conveyed, and to include further detail on the actual mechanisms for funding PCSPs.
The Committee considered Schedule 1 paragraph 17 as amended.
“Question: That the Committee is content with Schedule 1 paragraph 17 as amended as follows:
Schedule 1, page 70, line 21, leave out paragraph 17 and insert
‘17. (1) The Department and the Policing Board shall for each financial year make to the council grants of such amounts as the joint committee may determine for defraying or contributing towards the expenses of the council in that year in connection with PCSPs.
(2) A grant made by the Department or the Policing Board under this paragraph—
(a) shall be paid at such time, or in instalments of such amounts and at such times, and
(b) shall be made on such conditions, as the joint committee may determine.
(3) A time determined under sub-paragraph (2)(a) may fall within or after the financial year concerned.’
Put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 2
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Mr John O'Dowd
Lord Morrow did not participate in the vote.
Schedule 1 Paragraphs 18 - 21
The Committee considered Schedule 1 paragraphs 18 - 21 as drafted.
“Question: That the Committee is content with Schedule 1 paragraphs 18 – 21 put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 2
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Mr John O'Dowd
Lord Morrow did not participate in the vote
4.10 p.m. Mr O’Dowd left the meeting.
Schedule 2 Paragraphs 1 - 3
The Committee considered Schedule 2 paragraphs 1 - 3 as drafted.
“Question: That the Committee is content with Schedule 2 paragraphs 1 - 3 put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 1
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Lord Morrow did not participate in the vote.
Schedule 2 Paragraph 4
The Committee considered an amendment proposed by the Department providing for the payment to all members of Policing and Community Safety Partnerships which aimed to give the councils the scope to pay expenses to all members who do not receive them from their own organisation.
The Committee considered Schedule 2 paragraph 4 as amended.
“Question: That the Committee is content with Schedule 2 paragraph 4 as amended as follows:
Schedule 2, page 79, line 21, at end insert –
‘Expenses
16A. The council may pay to members of a DPCSP such expenses as the council may
determine.
Put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 1
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Lord Morrow did not participate in the vote.
Schedule 2 Paragraphs 5 - 6
The Committee considered Schedule 2 paragraphs 5 - 6 as drafted.
“Question: That the Committee is content with Schedule 2 paragraphs 5 - 6 put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 1
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Lord Morrow did not participate in the vote.
Schedule 2 paragraph 7
The Committee considered two alternative proposals from the Department of Justice to amend schedule 2 paragraph 7. Proposal A was in line with a request from the Committee which would allow for a list of specified organisations for inclusion on every PCSP to be made by affirmative resolution. Proposal B, which was the Department’s preferred option and which it believed met the Committee’s concerns required the Joint Committee to issue a list of organisations which the PCSPs must actively and seriously consider for inclusion before designating organisations to be represented on the partnership, but retained the flexibility of individual PCSPs.
The Committee considered Schedule 2 paragraph 7 as amended by proposal A.
The Committee considered Schedule 2 paragraph 7 as amended.
“Question: That the Committee is content with Schedule 2 paragraph 7 as amended as follows:
Schedule 2, page 74, line 36, at end insert
‘(2A) The Department may by order designate organisations for the purposes
of this paragraph.
(2B) No order may be made under sub-paragraph (2A) unless
(a) the Department has consulted each DPCSP; and
(b) a draft of the order has been laid before and approved by a resolution
of the Assembly.’
Schedule 2, page 74, line 37, after ‘DPCSP’ insert ‘or by an order under sub-
paragraph (2A)’
Put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 1
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Lord Morrow did not participate in the vote.
Schedule 2 paragraphs 8 and 9
The Committee considered Schedule 2 paragraphs 8 and 9 as drafted.
“Question: That the Committee is content with Schedule 2 paragraphs 8 and 9 put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 1
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Lord Morrow did not participate in the vote.
Schedule 2 Paragraphs 11 - 16
The Committee considered Schedule 2 paragraphs 11 - 16 as drafted.
“Question: That the Committee is content with Schedule 2 paragraphs 11 - 16 put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 1
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Lord Morrow did not participate in the vote.
Schedule 2 paragraph 17
The Committee considered a proposed amendment by the Department to replace the word “may” with “shall” relating to the granting of finances to the council for funding of the PCSPs to ensure that the Department and Policing Board’s commitment to funding the PCSPs is conveyed, and to include further detail on the actual mechanisms for funding PCSPs.
The Committee considered Schedule 2 paragraph 17 as amended.
“Question: That the Committee is content with Schedule 2 paragraph 17 as amended as follows:
Schedule 2, page 79, line 23, leave out paragraph 17 and insert
‘17.(1) The Department and the Policing Board shall for each financial year make to the council grants of such amounts as the joint committee may determine for defraying or contributing towards the expenses of the council in that year in connection with DPCSPs.
(2) A grant made by the Department or the Policing Board under this paragraph—
(a) shall be paid at such time, or in instalments of such amounts and at such times, and
(b) shall be made on such conditions,
as the joint committee may determine.
(3) A time determined under sub-paragraph (2)(a) may fall within or after the financial year concerned.’
Put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 1
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Lord Morrow did not participate in the vote.
Schedule 2 Paragraphs 18 - 19
The Committee considered Schedule 2 paragraphs 18 - 19 as drafted.
“Question: That the Committee is content with Schedule 2 paragraphs 18 – 19 put and agreed to”.
The Committee divided: Ayes 4; Noes 0; Abstain 1
AYES
Lord Browne
Mr Paul Givan
Mr Alban Maginness
Mr Conall McDevitt
ABSTAIN
Ms Carál Ní Chuilín
Lord Morrow did not participate in the vote
The meeting was suspended at 4.08 p.m.
The meeting resumed at 4.16 p.m.
Present:
Lord Morrow MLA (Chairman)
Lord Browne MLA
Mr Alban Maginness MLA
Mr Conall McDevitt
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)
The Chairman thanked David Hughes, Dan Mulholland and Nichola Creagh and they left the meeting.
5. Consideration of Clauses Part 7 - Legal Aid - Clauses 85 and 89
Robert Crawford, Head of Public Legal Services Division and John Halliday, Criminal Legal Aid Policy Advisor joined the meeting at 4.16 p.m. to provide further information and clarification if necessary.
The Committee considered a proposed amendment from the Department in relation to clause 85 on Legal Aid. Which would provide for affirmative resolution when and if the Criminal Legal Aid means test was enacted for the first time but that subsequent amendments to the means test would be by negative resolution. The Department indicated that its proposed amendment to Clause 85 would bring it in line with the provisions at Clause 89.
The Committee accepted that the proposed amendment from the Department satisfied its requirements.
4.38 p.m. Mr Givan joined the meeting.
4.38 p.m. Mr Buchanan joined the meeting.
Clause 85
The Committee considered Clause 85 as amended by the Department.
“Question: That the Committee is content with Clause 85 as amended by the Department as follows:
Clause 85, page 49, line 34, at end insert
‘(4) In Article 36 (rules as to legal aid in criminal cases) for paragraph (4) substitute
“(4) Except as provided by paragraph (5), rules under this Article are subject to negative resolution.
(5) The rules to which paragraph (6) applies shall not be made unless a draft of the rules has been laid before and approved by a resolution of the Assembly.
(6) This paragraph applies to the first rules under this Article which are
(a) made after the coming into operation of section 85 of the Justice Act (Northern Ireland) 2011;
and
(b) contain any provision made by virtue of Article 31, as substituted by that section.”.’
Put and agreed to”.
Clause 89
The Committee considered Clause 89 as drafted.
“Question: That the Committee is content with Clause 89 as drafted put and agreed to”.
The Chairman thanked Robert Crawford and John Halliday for the briefing and they left the meeting.
6. Consideration of New Provisions relating to Court Funds
Geraldine Fee, Head of Criminal Policy and Legislation Division, Michael Kelly and Richard Ronaldson joined the meeting at 4.30 p.m. to provide further information and clarification if necessary.
The Committee considered proposed provisions relating to court funds that the Department intended to introduce as amendments at consideration stage.
Agreed: The Committee agreed that the principle of using a stockbroker to provide advice on the most appropriate investments and to review existing investments is of benefit to clients and that the cost should be met by those who avail of those services rather than the public purse. It was therefore content to support the proposed amendment.
The Chairman thanked Geraldine Fee, Michael Kelly and Richard Ronaldson for the briefing and they left the meeting.
7. Consideration of New Provisions relating to Solicitors’ Rights of Audience
Robert Crawford, Head of Public Legal Services Division and Maria Dougan, NICTS joined the meeting at 4.42 p.m. to provide further information and clarification if necessary.
The Committee considered proposed new provisions in relation to Solicitors Rights of Audience that the Department intended to introduce as amendments at consideration stage.
Agreed: The Committee agreed that it was content with the principle of extending solicitors’ rights of audience but did not have sufficient time before the Committee Stage of the Bill ended to consider the detail of the proposed provisions.
The Chairman thanked Robert Crawford and Maria Dougan for the briefing and they left the meeting.
4 cont’d. The Justice Bill - Formal Clause by Clause Consideration of Part 3 – Policing and Community Safety Partnerships - and Schedules 1 and 2
The Committee continued its clause by clause consideration of Part 3 of the Justice Bill and Schedules 1 and 2.
Schedule 1 Paragraph 10
The Committee noted a response from the Minister indicating that he was not minded to make an amendment to ensure that the Chair of the PCSP will be an elected member.
The Committee considered a draft amendment to provide for the appointment of the Chairs and Vice Chairs of the PCSPs in the same manner as the appointment of the Chair and Vice Chair of the Policing Chair.
“Question: That the Committee is content with Schedule 1 paragraph 10 as amended as follows:
Schedule 1, page 68, line 4, leave out sub-paragraphs 10 (4) and (5) and insert:-
‘ 10. - (4) At any time thereafter, there shall be -
(a) a chair appointed by the council from among the political members; and
(b) a vice-chair elected by the independent members from among such members.
(5) In appointing to the office of chair, the council shall ensure that, so far as is practicable -
(a) a person is appointed to that office for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following that person’s appointment;
(b) that office is held in turn by each of the four largest parties represented on the council immediately after the last local general election.’
Put and agreed to”.
Schedule 2 Paragraph 10
The Committee considered that Schedule 2 paragraph 10 should be amended to reflect the amendment made at Schedule 1 paragraph 10.
The Committee considered Schedule 2 paragraph 10 as amended.
“Question: That the Committee is content with Schedule 2 paragraph 10 as amended as follows:
Schedule 2, page 76, line 35, leave out sub-paragraphs 10 (4) and (5) and insert:-
‘ 10. - (4) At any time thereafter, there shall be -
(a)a chair appointed by the council from among the political members; and
(b)a vice-chair elected by the independent members from among such members.
(5) In appointing to the office of chair, the council shall ensure that, so far as is practicable -
(a) a person is appointed to that office for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following that person’s appointment;
(b)that office is held in turn by each of the four largest parties represented on the council immediately after the last local general election.’
Put and agreed to”.
8. Justice Bill – Other Issues
The Committee noted a paper summarising issues raised by organisations in evidence submitted on the Justice Bill but which did not strictly relate to the content of the Bill.
9. Consideration of Draft Bill Report
The Committee noted that copies of the draft report on the Justice Bill would be circulated after the meeting
Agreed: The Committee agreed that the meeting scheduled for Thursday 10 February would commence at 1.30pm. With the first agenda item to be consideration of the draft report on the Justice Bill.
10. Bill Report draft appendices
The Committee considered a list of the contents of the appendices and submissions for inclusion in the Report on the Justice Bill.
Agreed: The Committee agreed that it is content with the contents of the appendices and submissions.
11. Modified Proposals for compliance with the EU Public Participation Directive on access to justice in environmental claims
The Committee considered correspondence from the Department of Justice regarding proposals to comply with the Public Participation Directive on access to justice in Environmental Claims.
The Department advised that the European Commission has indicated that the proposals are not sufficient to address its concerns and it is strongly considering a referral to the European Court of Justice if a modified proposal is not in place by 10 February. The Committee noted that the Commission has indicated that to achieve compliance the existing discretion of the courts to make protected costs orders needs to be significantly reduced and considered modified proposals to be implemented by amendments to the Court of Judicature Rules and allowed by the Department.
Agreed: The Committee agreed that it was content with the modified proposals.
12. Any Other Business
None.
13. Date and Time of next meeting
The next meeting will be held on Thursday 10 February at 1.30 p.m. in Room 29, Parliament Buildings.
5.04 p.m. The meeting was adjourned.
Lord Morrow of Clogher Valley MLA
Chairman, Committee for Justice
17 February 2011
3 February 11 / Menu
