COMMITTEE FOR JUSTICE
MINUTES OF PROCEEDINGS
THURSDAY, 10 MARCH 2011
SENATE CHAMBER, PARLIAMENT BUILDINGS
Present:
Lord Morrow MLA (Chairman)
Mr Raymond McCartney MLA (Deputy Chairman)
Lord Browne MLA
Lord 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 Vincent Gribbin (Assistant Assembly Clerk)
Mr Joe Westland (Clerical Supervisor)
Mr Kevin Marks (Clerical Officer)
Apologies:
Ms Carál Ní Chuilín MLA
The meeting commenced at 2.06 p.m. in public session.
1. Apologies
Apologies are detailed above.
2. Draft minutes of the meetings held on 28 February and 3 March 2011
The Committee approved the draft minutes of the meetings held on 28 February 2011 and 3 March 2011 .
3. Matters Arising
i. Information on the attendance record of Members at Justice Committee meetings for the period 1 September 2010 to 28 February 2011 had been provided.
Agreed: The Committee agreed that Members would contact the Committee Clerk regarding the accuracy of their attendance record.
ii. The Committee noted correspondence from the Minister of Justice regarding the proposed Clause 34 of the Justice Bill that had been rejected at Further Consideration Stage on 7 March 2011.
iii. The Committee noted correspondence from the Bar Council to the Minister of Justice which highlighted its view that there is a very strong public interest in ensuring that the “interests of justice” is the appropriate criteria for judges when deciding whether or not to grant representation by two counsel in the Crown Court.
4. Briefing by Youth Justice Review Team on progress with the review
The Members of the Youth Justice Review Team, John Graham, Stella Perrott and Kathleen Marshall joined the meeting at 2.13 p.m.
2.14 p.m. Lord Empey joined the meeting.
2.15 p.m. Mr McNarry joined the meeting.
2.19 p.m. Mr Givan joined the meeting
The Review Team updated the Committee on progress with the Review of Youth Justice and outlined the meetings and visits that they had undertaken in connection with the Review and the work being undertaken by the Reference Group.
A question and answer session followed covering issues such as the use of Youth Conferencing in Northern Ireland; the need to eliminate avoidable delay in the Youth Justice System; the need to develop a long-term strategic approach in relation to early identification and early intervention; the importance of a joined-up approach across departments; the use of an adult prison to hold 16 and 17 year olds; whether the age of criminal responsibility is too low in Northern Ireland; the need to review the rehabilitation legislation; the need to take account of victims; and lessons to be learnt from other jurisdictions.
2.59 p.m. Mr McDevitt left the meeting.
The Chairman thanked the team for the briefing and they left the meeting.
The session was recorded by Hansard.
3.19 p.m. Mr Givan left the meeting.
5. Briefing on the proposed consultation on legislative proposals for the Retention and Destruction of Fingerprints and DNA in Northern Ireland
David Hughes, Head of Policing Policy and Strategy Division and Gary Dodds, Policing Powers and Custody Branch joined the meeting at 3.20 p.m.
The officials outlined proposals to commence a public consultation on alegislative changes to the law relating to the retention and destruction of fingerprints and DNA in Northern Ireland and answered Members questions.
The Chairman thanked the officials for the briefing and they left the meeting.
The session was recorded by Hansard.
The Committee noted the proposed consultation on a new legislative framework for the retention and destruction of fingerprints and DNA which is required in response to a European Court of Human Rights judgement.
6. Briefing on proposals to extend PSNI Severance Schemes
Kathie Walker, Head of Police HR Policy Branch and Walter Myles, Police HR Policy Branch joined the meeting at 3.30 p.m.
The officials outlined proposals for the Minister of Justice to issue a determination to extend the lifespan of two early retirement severance schemes (Voluntary and Compulsory) operating in the PSNI and the PSNI Full-Time Reserve and explained the reasons for extending the Schemes, and answered Member’s questions.
3.35 p.m. Mr McDevitt rejoined the meeting.
The Chairman thanked the officials for the briefing and they left the meeting.
Agreed: The Committee agreed that it was content that a determination extending the lifespan of the two early retirement severance schemes should be issued by the Minister of Justice.
7. Briefing on the development of a New Code of Practice for Victims of Crime.
Maura Campbell, Deputy Director, Criminal Justice Development Division and Maurice Campbell, Criminal Justice Development Division, joined the meeting at 3.41 p.m.
The officials outlined the results of the consultation on the development of a new Code of Practice for Victims of Crime and the proposed way forward. A question and answer session followed covering issues such as how quickly the Code of Practice could be placed on a statutory footing; how the complaints mechanisms would operate; whether the Code would influence the Judiciary; the role and budget of the Compensation Agency; and the timeliness and availability of information to victims and witnesses.
The officials agreed to provide further information to the Committee.
The Chairman thanked the officials for the briefing and they left the meeting.
Agreed: The Committee agreed to write emphasising the need to put the Code on a statutory footing at the earliest opportunity and asking the Department to look at ways of doing this. .
8. Statutory Rule No 2011/50– Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Full-Time) (Amendment) Regulations 2011
The Committee considered Statutory Rule No 2011/50– Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Full-Time) (Amendment) Regulations 2011 which provided for 29 April 2011 to be treated as a Bank Holiday in lie with the Royal Proclamation of 17 December 2010.
The Committee noted that the Examiner of Statutory Rules had no issues to raise with regard to the technical aspects of the Statutory Rule.
Agreed: The Committee for Justice considered Statutory Rule No 2011/50– Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Full-Time) (Amendment) Regulations 2011 and had no objection to the Rule.
9. Written up-date on Departmental action plan to reduce avoidable delay in the Criminal Justice System
The Committee noted a written briefing paper from the Department of Justice providing an update on progress being made through the Speeding up Justice Programme to reduce avoidable delay in the criminal justice system.
Agreed: The Committee agreed that this issue should be brought to the attention of the next Justice Committee with a recommendation that it should continue to monitor progress in relation to this matter
10. Written briefing on the Department of Justice Efficiency Reform Programme
The Committee noted a written briefing paper from the Department of Justice on its Reform programme which is giving consideration to the future structure of the Department and the arrangements for the delivery of corporate support services.
Agreed: The Committee agreed that this issue should be brought to the attention of the next Justice Committee to ensure progress continues to be monitored.
11. Chairman’s Business
The Chairman informed the Committee that he had met with representatives of the Grand Orange Lodge of Ireland and the Royal Black Institution who had raised a number of issues regarding health and safety issues around lack of traffic control by the PSNI at Church Services, the perception that parades are not policed in an even handed and rigorous manner, undue delays in relation to court cases and the status of stewards.
Agreed: The Committee agreed to write to the Minister of Justice highlighting the issues raised by the organisations as he was due to meet them in the near future.
12. Correspondence
i. The Committee noted correspondence from the Department of Justice regarding the Constitutional Reform Act 2005: Amendment Order 2010.
ii. The Committee considered correspondence from the Department of Justice providing an up-date on the Departments (Transfer of Functions) Order (Northern Ireland) 2011 – Statutory Transfer of Responsibility for Tribunals to the Department of Justice.
Lord Empey declared an interest in relation to his involvement in the discussions relating to this matter when he was Minister of Employment and Learning.
Agreed: The Committee agreed to forward the correspondence to the relevant Statutory Committees for information.
iii. The Committee considered correspondence from the Committee for Finance and Personnel requesting information on any consideration that the Committee is giving to the PSNI Equal Pay issue.
Agreed: The Committee agreed to respond the Committee for Finance and Personnel providing a copy of relevant information.
iv. The Committee considered correspondence from Dr Alasdair McDonnell MP regarding concerns raised by a constituent in relation to the current Criminal Damage Legislation.
Agreed: The Committee agreed to write to Dr McDonnell suggesting that, given the imminent end of the mandate, he may wish to consider writing to the new Justice Committee on the matter once it is established.
v. The Committee considered correspondence from the Committee for Finance and Personnel regarding the factors that influence the cost of car and home insurance in Northern Ireland which fall broadly within the remit of the Department of Justice.
Agreed: The Committee agreed that the matter should be brought to the attention of the next Justice Committee so that it can consider whether it wishes to examine the legal costs and compensation issues highlighted in the research paper.
vi. The Committee noted a booklet on the CJI Oversight and Accountability Conference held on 19 January 2011 in which members of the Committee took part.
vii. The Committee considered correspondence from the Minister of Justice regarding a Criminal Records Regime Review.
Agreed: The Committee agreed that the matter should be brought to the attention of the next Justice Committee.
Agreed: The Committee agreed to write to the Minister of Justice requesting a list of all the Reviews the Department of Justice is currently undertaking and the costs involved.
viii. The Committee noted correspondence from the Minister of Justice regarding the re-appointment of three of the Northern Ireland Law Commissioners for a final two-year term.
13. Any Other Business
The Committee agreed that the final meeting of the current mandate should take place at 10.30 p.m. on Wednesday 23 March 2011.
14. Date and time of next meeting
The next meeting will be held on Tuesday 15 March 2011 at 10.30 a.m. in Room 29, Parliament Buildings.
4.20 p.m. The meeting was adjourned.
Lord Morrow of Clogher Valley MLA
Chairman, Committee for Justice
15 March 2011
3 March 11 / Menu
