COMMITTEE FOR JUSTICE
MINUTES OF PROCEEDINGS
THURSDAY, 17 FEBRUARY 2011
ROOM 29, PARLIAMENT BUILDINGS
Present:
Lord Morrow MLA (Chairman)
Mr Raymond McCartney MLA (Deputy Chairman)
Mr Thomas Buchanan MLA
Lord 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)
Mrs Roisin Donnelly (Assistant Assembly Clerk)
Mr Vincent Gribbin (Assistant Assembly Clerk)
Mr Joe Westland (Clerical Supervisor)
Mr Kevin Marks (Clerical Officer)
Apologies:
Lord Browne MLA
The meeting commenced at 2.10 p.m. in closed session.
1. Consideration of departmental proposals to change remuneration for defence representation in Crown Court cases
The Committee noted that a new joint proposal for remuneration rates for defence representation in Crown Court cases from the Bar Council and the Law Society would be available within 24 hours.
Agreed: The Committee agreed to refer the joint proposal to the Department for its views/comments and to consider the matter further at its meeting on 24 February 2011.
2.21 p.m. The meeting moved into public session
2. Apologies
Apologies are detailed above.
3. Draft minutes of the meetings held on 8 February and 10 February 2011
Agreed: The Committee approved the draft minutes of the meetings held on 8 February and 10 February 2011.
4. Matters Arising
The Committee noted correspondence from Ulster Rugby, the Public Prosecution Service and the Law Society in relation to the Justice Bill.
5. Briefing by departmental officials on proposals for a new Clause 34 for the Justice Bill
David Hughes, Head of Policing Policy and Strategy Division and Dan Mulholland, Policing Policy and Strategy Division joined the meeting at 2.31 p.m.
The officials outlined proposals for a new clause 34, the aim of which was to narrow the scope of the clause and mitigate the concerns raised by the Committee. A question and answer session followed covering issues such as the purpose of the clause; the role of the Attorney General in relation to the guidance for departments and any litigation in respect of the duty; the availability of the draft guidance and the need for any regulations to be subject to affirmative resolution.
The Departmental officials agreed to provide further information.
The Chairman thanked the officials and they left the meeting.
3.28 p.m. Mr O’Dowd left the meeting.
3.32 p.m. Mr Maginness joined the meeting.
3.52 p.m. Lord Empey left the meeting.
Agreed: The Committee agreed to write to the Minister of Justice advising that while the Committee supported the principle of the Clause it still had concerns around the detail of it and requesting further information.
The evidence session was recorded by Hansard.
6. Forward Work Programme.
The Committee considered a draft forward work programme for the period up to the end of the mandate.
Agreed: The Committee agreed that the proposed visit on Thursday 3 March should not take place to enable a meeting to be scheduled for that afternoon.
Agreed: A meeting would be scheduled for Tuesday 15 March.
Agreed: A briefing by the Organised Crime Task Force agencies. A briefing by the Trade Unions in relation to equal pay and an informal meeting with victims should be included in the programme.
Agreed: Further consideration would be given to the need for a meeting on either 22 or 24 March nearer the time.
4.10 p.m. Mr Givan left the meeting.
7. Proposals for Draft Rules of the Court of Judicature (Northern Ireland) (Amendment) 2011 (Criminal Memoirs) and Draft Magistrates’ Courts Rules (Amendment) Rules (Northern Ireland) 2011 (pleas of guilty by post)
The Committee considered proposals to Draft Rules of the Court of Judicature (Northern Ireland) (Amendment) 2011 (Criminal Memoirs) and Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2011 (pleas of guilty by post).
Agreed: The Committee agreed to write to the Department of Justice requesting further information on two aspects of the draft Rules.
8. Proposals for Family Proceedings (Amendment) Rules (Northern Ireland) 2011 and Magistrates’ Courts (Children (Northern Ireland) Order 1995) (Amendment) Rules 2011 to support implementation of the Hague Convention on Child Protection
The Committee considered proposals for Family Proceedings (Amendment) Rules (Northern Ireland) and Magistrates Courts (Children (Northern Ireland) Order 1995) (Amendment) Rules 2011 to support implementation of the Hague Convention on Child Protection.
4.14 p.m. Lord Empey rejoined the meeting.
Agreed: The Committee agreed that it was content with the proposed Rules.
9. Commencement of Provisions of the Coroners and Justice Act 2009
The Committee considered proposals by the Minister of Justice to commence three provisions of the Coroners and Justice Act 2009.
Agreed: The Committee agreed to request an oral briefing on the Coroners and Justice Act 2009 in general and these specific proposals.
10. Management of Police Information (MOPI): Code of Practice and PSNI Handbook
The Committee noted that the Minister had approved the adoption by the PSNI of the Code of Practice for the Management of Police Information (MOPI) which will be given effect through the development of a PSNI handbook.
Agreed: T he Committee agreed that it was content with the adoption of the Code of Practice and suggested way forward in terms of applying the MOPI framework within Northern Ireland.
Agreed: The Committee agreed that this issue should be brought to the attention of the next Justice Committee in the legacy report.
11. Proposal for EU Regulation 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations
The Committee noted that the Minister of Justice intended to indicate to the Ministry of Justice that the EU Regulations on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations should extend to Northern Ireland.
12 . Chairman’s Business
(i) The Chairman advised the Committee that he had met with Mr Peter Smith, Chief Parole Commissioner for Northern Ireland.
(ii) The Chairman advised the Committee that an opportunity had arisen to visit the Historical Enquiries Team (HET).
Agreed: The Committee agreed that any member who wished to take part in the visit, which would be on Thursday 10 March, should advise the clerk.
13 . Correspondence
(i) The Committee considered correspondence from the Department of Justice regarding the Departments (Transfer of Functions) Order (Northern Ireland) 2010 – Statutory Transfer of Responsibility for Tribunals to the Department of Justice.
Sir Reg Empey declared an interest as having been involved in the discussions in relation to this matter, when he was Minister for Employment and Learning.
Agreed: The Committee agreed to forward the correspondence to the relevant Statutory Committees for information.
(ii) The Committee considered correspondence from the Probation Board of Northern Ireland regarding the consultation on a Review of Community Sentences and inviting the Committee to visit one of the Probation Board offices.
Agreed: The Committee agreed to recommend that the new Justice Committee include such a visit as a priority in its work programme.
(iii) The Committee considered correspondence from the Department of Justice regarding Cycling Ulster.
Agreed: The Committee agreed to forward the correspondence to the Committee for Culture, Arts and Leisure.
(iv) The Committee considered correspondence from the Committee for the Office of First Minister and Deputy First Minister regarding the Sustainable Development Commission.
Agreed: The Committee agreed to request information on any justice related issues from the Department of Justice.
(v) The Committee considered correspondence from the Committee for the Environment regarding the Greenhouse Gas Emissions Action Plan.
Agreed: The Committee agreed to request information on any justice related issues from the Department of Justice.
(vi) The Committee noted correspondence from the Department of Justice regarding the Northern Ireland Courts and Tribunal Service (NICTS) Judicial Statistics.
(vii) The Committee noted correspondence from the Department of Justice regarding a written Ministerial Statement by the Secretary of State announcing an amendment to the stop and search power in the Justice and Security (NI) Act 2007.
(viii) The Committee noted correspondence from the Department of Justice regarding a review of non-jury trial provisions in the Justice and Security (NI) Act 2007 launched by the Secretary of State.
(ix) The Committee noted correspondence from the Minister of Justice regarding Equal Pay, for former NIO staff in the Department of Justice and PSNI support staff.
(x) The Committee considered correspondence from the Committee for Health, Social Services and Public Safety regarding information included in Access NI Checks.
Agreed: The Committee agreed to write to the Department of Justice on the issues raised by the Health Committee.
14. Any Other Business
The Chairman informed the Committee of correspondence he had received raising concerns about the lack of information provided by the Public Prosecution Service to an individual regarding his case.
Agreed: The Committee agreed to write to the Public Prosecution Service on the matter.
15. Date and Time of next Meeting
The next meeting will be held on Thursday 24 February 2011 at 2.00 p.m. in the Senate Chamber, Parliament Buildings.
4.38 p.m. The meeting was adjourned.
Lord Morrow of Clogher Valley MLA
Chairman, Committee for Justice
24 February 2011
10 February 11 / Menu
