COMMITTEE ON PROCEDURES
MINUTES OF PROCEEDINGS
Wednesday, 5 March 2008
Room 152, Parliament Buildings
Present: Lord Morrow (Chairperson)
Mr Mervyn Storey (Deputy Chairperson)
Mr Willie Clarke
Mr Raymond McCartney
Mr David McClarty
Mr Sean Neeson
Mr Declan O’Loan
Mr Ken Robinson
In Attendance: Mr Martin Wilson (Principal Clerk)
Ms Stella McArdle (Assembly Clerk)
Ms Eithne Knappitsch (Assistant Assembly Clerk)
Ms Linda Hare (Clerical Supervisor)
Ms Gwyneth Deconink (Clerical Officer)
Apologies: Lord Browne
The meeting opened at 2.03pm in public session.
-
Apologies.
Apologies are detailed above.
-
Chairperson’s business
The Chairperson informed Members that the Committee meeting would be longer than usual.
-
Draft minutes of the meeting held on 20 February 2008.
Agreed - the draft minutes of the meeting held on 20th February were agreed.
The meeting moved at 2.07pm into closed session.
-
Private Bills (Private Session).
The Committee discussed the key issues for consideration as regards the pre introduction requirements for private bills in the Northern Ireland Assembly.
Agreed: The Committee agreed a position on pre introductory consultation.
2.11pm Mr Robinson joined the meeting.
Agreed: The Committee agreed on what the promoter is required to submit when introducing a private bill.
Agreed: An Assembly official shall assess that all private bills meet the procedural requirements of the Assembly.
Agreed: Members agreed that if a dispute arises following rejection of a private bill, the issue should go to the Speaker for adjudication.
Members discussed the advantages and disadvantages of insisting on the use of Parliamentary Agents.
Agreed: It was agreed that the Standing Orders shall not specify who drafts a private bill and that guidance notes would contain further information on drafting requirements.
2.49 p.m. Mr Storey left the meeting.
Agreed: The Committee agreed that a private bill should be introduced by means of a simple announcement in Plenary along with an announcement that a private bill committee will be established.
Agreed: The Committee agreed that the period between the introduction and second stage of the private bill should be 60 days, to allow for a private bill committee to undertake preliminary examinations and for objections to be received.
Agreed: It was agreed that in this First Stage the private bill committee should compile a report for the Assembly summarising the bill including the general objectives of a private bill and should contain a copy of all the objections.
Agreed: If necessary, the private bill committee shall have the powers to appoint specialist advisors (legal/technical).
Members moved on to discuss the Second Stage of the private bill process.
Agreed: The procedures involved in the second stage of the private bill were agreed.
2.55pm Mr McClarty left the meeting.
Agreed: The period between the Second Stage and the Committee Stage shall be 30 days with the possibility of having one period of extension if necessary.
Members moved on to discuss the various aspects of the Committee Stage of private bill legislation.
Agreed: The Committee agreed a procedure for an unopposed private bill.
Agreed: The Committee agreed to the procedure for opposed bills. It was agreed that the private bill committee will at this stage receive objections, invite written evidence and hear oral evidence from the side of promoter and objector(s).
Agreed: Cross examination by promoters and objectors was agreed to.
Agreed: It was agreed that a clause by clause scrutiny of the private bill shall be undertaken by the committee on private bills at this stage.
Agreed: The private bill committee will be able to amend the bill in committee.
Agreed: The Committee agreed that a report would be produced at this stage to go to Plenary for the Consideration Stage.
3.09pm Mr Storey rejoined the meeting.
The Committee discussed the procedures for the Consideration and Further Consideration Stage.
Agreed: The Committee agreed a procedure for Consideration Stage of a private bill.
Agreed: It was agreed that the Further Consideration Stage shall only allow for corrective amendments to be made.
Agreed: It was agreed that Final Stage, Reconsideration Stage and Royal Assent shall follow Further Consideration Stage.
Agreed: The Committee agreed that there should be no accelerated passage for a private bill. If the Assembly dissolves for election, it was agreed that private bills will have to be reintroduced.
The issue of objections to a Private bill was discussed.
Agreed: It was agreed that individuals, corporate bodies and unincorporated groups can object to private bills.
Agreed: The Committee agreed that objectors with similar objections can be grouped together.
Agreed: Members agreed on the criteria for objections.
3.20pm Mr McCartney left the meeting.
Agreed: It was agreed the period for receipt of objections shall be 42 days from the date of the introduction of the bill.
3.24pm Mr McCartney rejoined the meeting.
Agreed: The Committee agreed to accept late objections in special circumstances and agreed on these circumstances.
Agreed: The Committee agreed that the private bill committee shall decide whether or not to accept a late objection.
Agreed: Objections can be altered within the 42 day period or withdrawn at any stage.
3.28pm Mr Neeson left the meeting.
Agreed: The Committee discussed whether there should be a cost attached to submitting an objection and considered a number of proposals including a fee of £20 or £10, or charging no fee. A majority of the Committee agreed that a fee of £20 should be charged for objections.
The Committee discussed the form the private bill committee should take.
Agreed: Members agreed that the private bill committee should be a specially designated committee and established by the Assembly on receipt of a private bill. The Committee agreed to the membership and procedures for the private bill committee.
3.43pm Mr McCartney left the meeting.
Not agreed: Members rejected the suggestion that the costs for all legal representations shall be passed on to the promoter.
Mr Robinson requested further information from the Clerk on the legal protection of members of the committee on private bills against negligence.
Agreed: It was agreed that the private bill committee can reconvene at consideration stage to make recommendations if they are substantial in number or technical in nature.
Members discussed whether there should be a tiered cost system for unopposed and opposed bills.
Agreed: The committee agreed that there shall be fixed costs of £5000 plus incidentals for all promoters introducing a private bill.
Agreed: The fixed costs for the promoters introducing a private bill shall be reduced by 50% for charities, religious and educational establishments and for literary or scientific purposes from which no private profit or advantage is derived.
Agreed: The Clerk will start work on the policy document for private bills.
The meeting moved at 4.05pm into public session.
-
Matters arising.
The Committee discussed the difficulty members of the public have in knowing what question was being asked during Question Time and noted a response from the information office that they were considering how to address this issue on the broadcast on the internet. The Committee also considered the list of questions being available to the public in the gallery.
Agreed: It was agreed that the Clerk should write to the Keeper of the House asking her to investigate the possibility of mounted screens visible to members of the public in the public gallery showing which question was being asked.
-
Any Other business.
Mr O’Loan requested that another letter be sent to Party Whips on the systems and structures issue which parties were asked to respond to by the 29 th of March.
Agreed: The Clerk agreed to send another letter and requested that the parties respond before the next meeting. The Clerk will copy this letter to Committee Members.
-
Date, time and place of the next meeting.
The date of the next meeting will be 2 nd April 2008 at 2.00 p.m. in room 152.
The Chairperson adjourned the meeting at 4.11pm.