COMMITTEE FOR JUSTICE
MINUTES OF PROCEEDINGS
THURSDAY, 24 FEBRUARY 2011
SENATE CHAMBER, PARLIAMENT BUILDINGS
Present:
Lord Morrow MLA (Chairman)
Mr Raymond McCartney MLA (Deputy Chairman)
Lord Browne MLA
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)
The meeting commenced at 2.08 pm in public session.
1. Apologies
None.
2.10 p.m. Lord Empey and Lord Browne joined the meeting.
2. Draft minutes of the meeting held on 17 February 2011
The Committee approved the draft minutes of the meeting held on 17 February 2011.
3. Matters Arising
- The Committee noted the provision of correspondence of 18 February 2011 from the Minister for Justice regarding additional security funding for the PSNI from the Treasury.
- The Committee noted a revised Forward Work Programme and the arrangements for the handling of the Prison Review Team Interim Report.
- The position regarding Clause 38 of the Justice Bill – Chanting – following Consideration Stage was raised.
Agreed: The Committee agreed to return to this later in the meeting when the Bill Clerk was available to provide advice regarding Further Consideration Stage.
4. Response from the Minister of Justice to the Committee submission on the Draft Budget 2011-2015
The Committee noted a response from the Minister of Justice to the Committee submission on his Department of Justice draft Budget 2011-2015.
Agreed: The Committee agreed to give further consideration to the matter at the meeting on 3 March 2011.
5. Consideration Proposals for Remuneration of defence representation in Crown Court cases
Robert Crawford, Head of Public Legal Services Division and John Halliday, Criminal Legal Aid Policy Advisor, Northern Ireland Courts and Tribunals Service joined the meeting at 2.25 p.m.
2.29 p.m. Mr Buchanan joined the meeting.
The Committee were briefed by officials on the Department’s response to the joint proposal put forward by the Law Society and the Bar Council for remuneration of defence representation in Crown Court cases. A question and answer session followed covering issues such as the differential in Crown Court legal aid costs between Northern Ireland and England and Wales; the role of the Minister of Finance and Personnel with regard to any proposals; the potential increased costs to the Public Prosecution Service; and the level of engagement between the Department, the Law Society and Bar Council on the reasons for rejecting the joint proposal.
3.04 p.m. Mr McDevitt left the meeting.
The officials agreed to refer a proposal that the Department should meet with the Bar Council and Law Society to discuss the reasons for not accepting the joint proposal to the Minister for his consideration.
The Chairman thanked the officials for the briefing and they left the meeting.
The session was recorded by Hansard.
3.26 pm The meeting moved into closed session.
The Committee briefly discussed the various proposals for remuneration of defence representation in Crown Court cases.
Agreed: The Committee agreed to note the letter from the Minister of Justice outlining his proposed way forward.
6. Justice Bill – Sex Offender Notification Clause
Assembly Legal Advisors provided advice on matters relating to the proposed Sex Offender Notification Clause.
3.51 p.m. Mr McDevitt rejoined the meeting.
4.21 p.m. The meeting moved into public session
An Assembly Researcher briefed the Committee on mechanisms for review on sex offender register systems.
Gareth Johnston,Head of Justice Strategy Division and Amanda Patterson,Head of Public Protection joined the meeting at 4.26 p.m.
The Committee were briefed by officials on the proposed new Sex Offender Notification Clause. A question and answer session followed covering issues such as the proposed notification requirements in other jurisdictions; the role of the Chief Constable; and the potential for judicial review if the proposed legislative changes were delayed.
The Chairman thanked the officials for the briefing and they left the meeting.
The session was recorded by Hansard.
Agreed: The Committee agreed to consider the proposed clauses further at its meeting on 28 February 2011.
Justice Bill – Clause 38 - Chanting
The Bill Clerk provided clarification of the outworking of the decisions made by the Assembly at Consideration Stage of the Justice Bill in relation to Clause 38 - Chanting.
5.17 p.m. Mr Givan left the meeting.
5.23 p.m. Lord Empey left the meeting.
5.26 p.m. Mr McNarry left the meeting.
Agreed: The Committee agreed to consider this matter further at its meeting on 28 February 2011.
7. Results of the EQIA on the assignment of two Counsel in the Crown Court and proposals to take this matter forward.
The Committee considered correspondence and briefing papers from the Department of Justice on the results of the EQIA on the assignment of two Counsel in the Crown Court and proposals to take this matter forward.
Agreed: The Committee agreed that an oral briefing on the proposals by Departmental officials should be scheduled for the meeting on 3 March 2011.
8. Proposals to Increase County Court Jurisdictions
Bronagh O’Reilly, Policy Advisor, Siobhan Broderick, Head of Civil Policy and Tribunal Reform and Jacqui Durkin, Head of Business Operations, Northern Ireland Courts and Tribunals Service joined the meeting at 5.53 p.m.
The officials briefed the Committee on the proposals to increase the jurisdictional limits of County Courts and answered questions from Members on issues such as where the legal provisions came from, when the provisions will come into effect; and implications in relation to expert witnesses.
The Chairman thanked the officials for the briefing and they left the meeting.
Agreed: The Committee agreed to note the proposals, highlight again the range of issues that had been raised and request to be kept informed of the results of any reviews of the new arrangements.
9. SL1 - County Court Financial Limits Order (Northern Ireland) 2011
The Committee considered a proposal for a Statutory Rule under powers conferred by Article 22 of the County Courts (Northern Ireland) Order 1980 to increase the jurisdictional limit of the small claims court.
Agreed: The Committee agreed to note the proposed Statutory Rule.
10. Access NI consultation on Registered Bodies
The Committee considered a summary of the consultation responses on proposals to reduce the size of the network of organisations registered with AccessNI.
Agreed: T he Committee agreed that given the subordinate legislation to implement any changes will be brought before the new Assembly the Committee would note the information, and recommend that the views of the new Justice Committee should be sought on the matter.
11. Public Bodies Bill – Legislative Consent Motion
The Committee considered correspondence regarding a legislative consent motion in relation to the Public Bodies Bill.
Agreed: T he Committee agreed to note the proposal for a Legislative Consent Motion on the Public Bodies Bill.
12. Correspondence
- The Committee noted correspondence from the Department of Justice regarding the publication of a Research and Statistical Bulletin entitled “Adult Reconviction in Northern Ireland 2005”.
- The Committee considered a response from the Children’s Law Centre to the Agenda and Discussion Papers on the Access to Justice Review Northern Ireland.
Agreed: The Committee agreed to forward a copy of the Children’s Law Centre response to the Committee for the Office of the First Minister and Deputy First Minister for information.
- The Committee considered correspondence from the Clerk to the Committee for the Office of the First and Deputy First Minister regarding European Engagement.
Agreed: The Committee agreed to forward a copy of the correspondence to the Department of Justice for comment.
13. Date and Time of next Meeting
The next meeting will be held on Monday 28 February 2011 at 1.00 p.m. in Room 30, Parliament Buildings.
6.13 p.m. The meeting was adjourned.
Lord Morrow of Clogher Valley MLA
Chairman, Committee for Justice
3 March 2011
17 February 11 / Menu
