Committee on Standards and Privileges

WEDNESDAY, 29th SEPTEMBER 2010
ROOM 144, PARLIAMENT BUILDINGS

In Attendance:
Mr Paul Gill (Assembly Clerk)
Mr Damien Martin (Clerk Assistant)
Mr Jonathan McMillen (Assistant Legal Adviser)
Ms Hilary Bogle (Assistant Clerk)
Mr Michael Greer (Clerical Supervisor)
Mr Christopher McNickle (Clerical Officer)

Apologies:
Mr Mickey Brady
Mr Paul Maskey
Mr Alastair Ross

The meeting commenced at1.05pm in open session.

Chairperson’s Introduction

The Chairperson welcomed Members to the meeting.

The Chairperson also welcomed Mr Sydney Anderson as a member of the Committee.

Agreed: The Committee agreed that today’s meeting should held in open session.

1. Apologies

Apologies as listed 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.

3. Draft minutes of the meeting held on 22 nd September 2010

Agreed: The draft minutes of the meeting held on 22 nd September 2010 were agreed by the Committee.

4. Matters arising

There were no matters arising.

5. Bill to create an Assembly Commissioner for Standards

The Committee noted that Mr Damien Martin, Clerk Assistant with responsibility for the Bill Office and Mr Jonathan McMillen, Assistant Legal Adviser were present to assist the Committee with its consideration of the draft Bill.

The Clerk outlined the background to the draft Bill and the Committee considered the relevant clauses of the draft Bill clause by clause.

Clause 26 – Establishment of the Commissioner

Agreed: The Committee agreed the suggested wording of Clause 26.

Clause 27 – Principal functions of the Commissioner

Agreed: The Committee agreed the suggested wording of Clause 27.

Clause 28 – Further functions of the Commissioner.

Agreed: The Committee agreed the suggested wording of Clause 28.

Clause 29 – Independence of the Commissioner

Agreed: The Committee agreed the suggested wording of Clause 29.

Clause 30 – Status of the Commissioner

Agreed: The Committee agreed the suggested wording of Clause 30.

1.17pm Mr Paul Frew left the meeting

Clause 31 – Appointment of the Commissioner

Agreed: The Committee agreed the suggested wording of Clause 31.

Clause 32 and Schedule 6 – Disqualification from appointment as the Commissioner

1.23pm Reverend Coulter joined the meeting.

Reverend Coulter declared an interest as a Member of the Assembly Commission and left the meeting.

Following discussion on Schedule 6 which makes provision as to the persons who are disqualified from being appointed as the Commissioner, the Committee agreed that further instruction be issued to the parliamentary draftsman as per the matters agreed below.

Agreed: The Committee agreed that a member of the Assembly should be disqualified. The Committee also agreed that anyone who has been a Member within either the last five years prior to appointment or the previous Assembly mandate prior to appointment should be disqualified.

Agreed: The Committee agreed that a family member of a member of the Assembly should be disqualified.

Agreed: The Committee agreed that a candidate for election to the Assembly should be disqualified.

The Chairperson declared an interest in the next disqualification category.

Agreed: The Committee agreed that a member of the European Parliament, the House of Commons, the House of Lords, the Scottish Parliament or the National Assembly for Wales should be disqualified. The Committee agreed that members of either House of the Oireachtas should be disqualified. The Committee also agreed that anyone who has been a member of the European Parliament, the House of Commons, the House of Lords, the Scottish Parliament, the National Assembly for Wales or the Oireachtas within five years of appointment should also be disqualified.

Agreed: The Committee agreed that a member of the staff of the Assembly should be disqualified. The Committee further agreed that anyone who has been employed by the Assembly within 2 years of appointment should also be disqualified.

Agreed: The Committee agreed that the Northern Ireland Assembly Commissioner for Standards should be removed from the Schedule.

Agreed: The Committee agreed that the Commissioner for Public Appointments for Northern Ireland should be removed from the Schedule.

Agreed: The Committee agreed that the Comptroller and Auditor General for Northern Ireland should be removed from the Schedule.

Agreed: The Committee agreed that a councillor should be disqualified. The Committee also agreed that anyone who has been a councillor within 5 years of appointment should also be disqualified.

Agreed: The Committee agreed that a person employed by a district council should be disqualified. The Committee also agreed that anyone who has been employed by a district council within 2 years of appointment should also be disqualified. However, the committee agreed that this provision may need to be reconsidered depending on the progress of theLocal Government (Disqualification) (Amendment) Bill.

Agreed: The Committee agreed that a person employed by a political party should be disqualified. The Committee also agreed that anyone who has been employed by a political party within 5 years should be disqualified and that the Clerk should seek further clarification about the inclusion of those employed directly by Members. The Committee will consider this further at its next meeting.

Agreed: The Committee agreed that a person employed by the Northern Ireland Civil Service should be disqualified. The Committee also agreed that anyone who had been employed by the Civil Service within 2 years of appointment should also be disqualified.

Clause 33 – Termination of the Commissioner’s appointment

Agreed: The Committee agreed the suggested wording of Clause 33.

Clause 34 Schedule 7 makes further provision about the Commissioner

Agreed: The Committee agreed the suggested wording of Clause 34 Schedule 7.

Clause 35 – Appointment of an Acting Commissioner

Agreed: The Committee agreed the suggested wording of Clause 35.

Clause 36 – Directions to the Commissioner

Agreed: The Committee agreed the suggested wording of Clause 36 and noted that further consideration is being given to removing 36 (3) (c).

Clause 37 – Investigations by the Commissioner

Agreed: The Committee agreed the suggested wording of Clause 37.

Clause 38 – Action on a Report

2.10pm Mr McCrea left the meeting

2.13pm Mr McCrea returned to the meeting

Agreed: The Committee agreed that the clause should be re-drafted to allow for the Commissioner not to have to accept a further direction and that the wording of the amended draft clause would be considered at the next meeting.

Clauses 39 – Power to call for witnesses and documents

Agreed: The Committee agreed the suggested wording of Clauses 39.

Clause 40 – Witnesses and documents: notice

Agreed: The Committee agreed the suggested wording of Clauses 40.

Clause 41 – Witnesses: oaths and affirmations

Agreed: The Committee agreed the suggested wording of Clauses 41.

Clause 42 – Public interest immunity

Agreed: The Committee agreed that this clause should be removed.

Clause 43 – Offences

Agreed: The Committee agreed the suggested wording of Clause 37.

Clause 44 – Protection from defamation actions

Agreed: The Committee agreed the suggested wording of Clause 44.

Clause 45 – Restriction on disclosure of information.

Agreed: The Committee agreed the suggested wording of Clause 45.

Clause 46 – Amendment of Northern Ireland Assembly Disqualification Act 1975 (c.25)

Agreed: The Committee agreed that Clause 46 on the Disqualification Act should be removed.

Clause 47 – Amendments and repeals

Agreed: The Committee agreed that Clause 47 be considered at the next meeting.

Clause 48 – Transitional Provisions

Agreed: The Committee agreed that the suggested wording of Clause 48 be considered at the next meeting.

Clause 49 - Interpretation of Part 2

Agreed: The Committee agreed that the suggested wording of Clause 49 be considered at the next meeting.

Clause 50 - Interpretation: general

Agreed: The Committee agreed that the suggested wording of Clause 50 be considered at the next meeting.

Clause 51 - Commencement

Agreed: The Committee agreed that the suggested wording of Clause 51 be considered at the next meeting.

The Committee agreed that the Clerk should continue to liaise with Legal Services and with the parliamentary draftsman in relation to any drafting changes that might be required. The Committee noted that any further drafting changes would be brought to its attention for consideration and approval at the next meeting when the draft bill should be signed off.

The Chairperson thanked Damien Martin and Jonathan McMillen for attending today’s meeting.

6. Ministerial Code of Conduct

Agreed: The Committee agreed the wording of the draft letter on the Ministerial Code of Conduct and that it should be forwarded to the Office of the First and deputy First Minister.

7. Correspondence

Members noted correspondence from Dundonald Green Belt Association.

Agreed: The Committee agreed that the Clerk should write to the Association advising it that if it wishes to allege a breach of the Assembly’s Code of Conduct they should submit a complaint to the Interim Assembly Commissioner for Standards.

8. Any other business

There was no other business.

9. Time, date and place of next meeting

The next meeting of the Committee will take place on Wednesday, 13 th October 2010 at 1.15pm in Room 144. Lunch will be available at 1.00pm.

The Chairperson adjourned the meeting at 2.29pm.

Mr Declan O’Loan MLA
Chairperson, Committee on Standards and Privileges
13 th October, 2010.

22 September 2010 / Menu