COMMITTEE ON STANDARDS AND PRIVILEGES
MINUTES OF PROCEEDINGS
WEDNESDAY 14 OCTOBER 2009
ROOM 135, PARLIAMENT BUILDINGS
Present:
Mr Declan O’Loan (Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Mr Trevor Clarke
Rev Robert Coulter
Mr Paul Maskey
Mr Alastair Ross
Mr George Savage
Mr Brian Wilson
In Attendance:
Mr Paul Gill (Assembly Clerk)
Ms Hilary Bogle (Assistant Clerk)
Miss Grace Hamilton (Assembly Research) (Item 6)
Mr Gerard Rosato (Clerical Supervisor)
Mr Christopher McNickle (Clerical Officer)
Apologies:
Mr Willie Clarke (Deputy Chairperson)
The meeting commenced at 2.00pm in open session.
Chairperson’s Introduction
The Chairperson welcomed Members to the meeting.
Agreed: Members agreed that today’s meeting be held in open session until agenda item 8 when the meeting would go into closed session.1. Apologies
Apologies as above.
2. Declaration of Interests
The Chairperson reminded Members of their obligation to declare any relevant financial or other interests before and during each Committee meeting.
The Chairperson declared an interest in Agenda Items 10 and 11.
3. Draft minutes of the meeting held on 30 th September 2009
The draft minutes of the meeting held on 30 th September 2009 were approved by the Committee.
4. Matters arising
There were no matters arising.
5. Consider and agree terms of reference for the Committee Inquiry on enforcing the Code and Guide and appointing a Commissioner for Standards
2.04pm Mr Ross joined the meeting.
Agreed: Following discussion the Committee agreed the draft Terms of Reference as set out in the Clerk’s paper, as amended. The Committee also agreed that a Public Notice should be issued.
6. Declaration to the Assembly of conviction of offences
The Chairperson welcomed Miss Grace Hamilton, Assembly Research and invited her to present the Assembly Research Paper.
The Chairperson thanked Miss Hamilton for her presentation.
Agreed: Following discussion Members agreed that the Committee should not seek to introduce a policy which would provide guidance to Members about their responsibilities to notify a specified Office or Officer in the Assembly should they be found guilty of any offence in a Court of law.
Agreed: The Committee agreed that the Chairperson should write to the Chief Constable in order to agree a protocol on the handling of complaints against Members which might also raise questions of criminal liability.
7. Consideration of timing of meetings
Agreed: Following discussion the Committee agreed that the meeting time should be moved to 1.15pm on Wednesdays and that a light lunch would be provided at 1.00pm.
2.30pm the meeting moved into closed session.
8. Legal Advice on the application of the Code during suspension
The Committee considered legal advice from the Director of Legal Services.
Agreed: Following discussion the Committee agreed the draft letter to the correspondent.
9. Request for advice from the Environment Committee
The Chairperson declared an interest as a member of Ballymena Borough Council, Mr Allan Bresland declared an interests as a member of Strabane District Council, Mr Trevor Clarke declared an interest as a member of Antrim Borough Council, Mr Wilson declared an interest as a member of North Down Borough Council and Mr George Savage declared an interest as a member of Craigavon Borough Council. Mr Ross declared an interest as a member of the Committee for the Environment.
The Chairperson welcomed Dr Tom Frawley, Interim Assembly Commissioner for Standards and Mr John MacQuarrie, Director for Standards and Special Projects, Ombudsman’s Office. The Chairperson invited Dr Frawley to address the Committee on the issue.
2.40pm Reverend Coulter joined the meeting.
The Chairperson thanked Dr Frawley and Mr MacQuarrie for their contribution.
Agreed: Following discussion the Committee agreed the draft response to the Environment Committee.
10. Correspondence from the Interim Assembly Commissioner
The Chairperson declared an interest in this item being a member of the All Party Group on Ethnic Minority Communities. The Chairperson also declared an interest in agenda item 11.
The Chairperson withdrew from the meeting.
As the Deputy Chairperson was not present the Clerk took the Chair and called for proposals for a temporary Chairperson.
Mr Bresland proposed that Mr Ross take the Chair and Mr Trevor Clarke seconded the proposal.
Mr Maskey proposed that Mr Wilson take the Chair and Mr Brolly seconded the proposal.
The Clerk put the first proposal that Mr Ross take the Chair.
The Committee divided:-
| AYES | NOES | ABSTENTION |
|---|---|---|
| Mr Allan Bresland | Mr Francie Brolly | Reverend Coulter |
| Mr Trevor Clarke | Mr Paul Maskey | Mr Brian Wilson |
| Mr Alastair Ross | ||
| Mr George Savage |
The proposal was carried.
3.00pm Mr Ross took the Chair.
The temporary Chairperson invited Dr Frawley to address the Committee on this issue.
The Chairperson thanked Dr Frawley and Mr MacQuarrie for attending the meeting.
Agreed: Following discussion the Committee agreed that as the Office of the First Minister and deputy First Minister had received a complaint on the same matter the Clerk should write to the correspondent informing them that the Committee did not consider that a parallel investigation would be appropriate.
11. Correspondence
Members noted the Freedom of Information request that had been submitted and the information the Committee would be providing in response.
12. Any Other Business
There was no other business.
13. Time, date and place of next meeting
The next meeting will take place at 1.15pm on Wednesday 4 th November 2009 in room 135, Parliament Buildings. Lunch will be available from 1.00pm.
The Temporary Chairperson adjourned the meeting at 3.28pm.