Committee on Standards and Privileges

WEDNESDAY, 13th OCTOBER 2010
ROOM 144, PARLIAMENT BUILDINGS

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

Apologies:
Mr Sydney Anderson
Mr George Savage

The meeting commenced at1.16pm in open session.

Chairperson’s Introduction

The Chairperson welcomed Members to the meeting.

Agreed: The Committee agreed that today’s meeting should commence in open session and go into closed session for Agenda Item 7.

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.

Reverend Coulter declared an interest in Item 5 of the Agenda as a member of the Assembly Commission.

3. Draft minutes of the meeting held on 29 th September 2010

Agreed: The draft minutes of the meeting held on 29 th September 2010 were agreed by the Committee.

4. Matters arising

There were no matters arising.

1.17 pm Mr McCrea joined the meeting.

1.17pm Reverend Coulter left the meeting.

5. Consideration of draft Bill to create an Assembly Commissioner for Standards

Mr Jonathan McMillen, Assistant Legal Adviser was present to assist the Committee with its consideration of the draft Bill.

1.18pm Mr Brady joined the meeting.

The Clerk updated the Committee on drafting issues with regard to the Bill and the Committee considered the draft Bill clause by clause.

Clause 15 – Establishment of the Commissioner

Agreed: The Committee noted the amendments to Clause 15.

Clause 16 – Principal functions of the Commissioner

Agreed: The Committee noted the amendments to Clause 16. The Committee also noted that there were further outstanding drafting issues and that these would be considered at the next meeting of the Committee.

Clause 17 – Independence of the Commissioner

Agreed: The Committee noted the amendments to Clause 17.

Clause 18 – Status of the Commissioner

Agreed: The Committee noted the amendments to Clause 18.

Clause 19 – Appointment of the Commissioner

Agreed: The Committee noted the amendments to Clause 19. The Committee also noted that there were further outstanding drafting issues and that these would be considered at the next meeting of the Committee.

Clause 20 and Schedule 3 – Disqualification from being the Commissioner

Agreed: The Committee noted the amendments to Clause 20 and Schedule 3. The Committee agreed that while disqualification should apply to any person who had been a Member of the Assembly in the five years prior to appointment, separate provision was not needed in respect of those who had been Members of the Assembly during the mandate immediately preceding the mandate in which appointment takes effect . The Committee also agreed that provision should be made in the bill allowing for Schedule 3 to be amended by order.

The Committee also noted that there were further outstanding drafting issues and that these would be considered at the next meeting of the Committee.

Clause 21 – Termination of the Commissioner’s appointment

Agreed: The Committee noted the amendments to Clause 21. The Committee also noted that there were further outstanding drafting issues and that these would be considered at the next meeting of the Committee.

Clause 22 and Schedule 4 - Further provision about the Commissioner

Agreed: The Committee noted the amendments to Clause 22 and Schedule 4. In doing so, the Committee confirmed that while it recognised its locus in ensuring that the Commissioner has the support and resources in order to effectively exercise his or her functions, the specific detail of how the Commissioner will be accountable to the Commission was a matter for the Commission.

Clause 23 – Appointment of an Acting Commissioner

Agreed: The Committee noted the amendments to Clause 23. The Committee also noted that there were further outstanding drafting issues and that these would be considered at the next meeting of the Committee.

Clause 24 – Directions to the Commissioner

Agreed: The Committee noted the amendments to Clause 24. The Committee also noted that there were further outstanding drafting issues and that these would be considered further at the next meeting of the Committee.

Clause 25 – Investigations by the Commissioner

Agreed: The Committee noted and agreed the amendments to Clause 25. The Committee also noted that there were further outstanding drafting issues and that these would be considered at the next meeting of the Committee.

Clause 26 – Action on a Report

Agreed: The Committee agreed that it was satisfied with the broad thrust of Clause 26 but noted that some redrafting was required. The Committee noted that the redrafted clause would be considered at the next meeting of the Committee.

1.53pm Mr Maskey left the meeting

Clauses 27 – Power to call for witnesses and documents

The Committee noted that legal advice was required on Clause 27. The Committee confirmed its policy that the only limitations on the power of the Commissioner to call for witnesses and documents should be those required to make the Bill competent.

Clause 28 – Witnesses and documents: notice

Agreed: The Committee noted that Clause 28 remained as agreed at the last meeting of the Committee.

Clause 29 – Witnesses: oaths and affirmations

Agreed: The Committee noted that Clause 29 remained as agreed at the last meeting of the Committee.

Clause 30 – Offences

Agreed: The Committee noted the amendment to Clause 30.

Clause 31 – Protection from defamation actions

Agreed: The Committee noted that Clause 31 remained as agreed at the last meeting of the Committee.

Clause 32 – Restriction on disclosure of information.

Agreed: The Committee noted that Clause 32 remained as agreed at the last meeting of the Committee.

Clause 33 - Interpretation of Part 2

Agreed: The Committee noted the amendments to Clause 33.

Clause 34 – Saving, transitory and transitional provisions

Agreed: The Committee noted the amendments to Clause 34.

2.04pm Mr Paul Maskey returned to the meeting.

Clause 35 – Consequential amendments

Agreed: The Committee agreed that Clause 25 related to Part 1 of the bill.

Clause 36 – Interpretation: General

Agreed: The Committee noted and agreed the amendments to Clause 36.

Clause 37 – Commencement

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

Clause 38 – Short Title

Agreed: The Committee noted that Clause 38 remained as agreed at the last meeting of the Committee.

Agreed: Following discussion the Committee agreed that, if required, the Chairperson should write to the Secretary of State on the issue of consent.

Agreed: The Committee agreed that the Clerk should continue to liaise with Legal Services and with the parliamentary draftsman on further drafting issues.

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

6. Northern Ireland Office consultation on donations to Northern Ireland Political Parties

Members noted the Clerk’s Paper and the Assembly Research Paper on Political donations and loans in Northern Ireland.

The Chairperson invited Mr Ray McCaffrey, Assembly Research Services to present his research paper.

Following discussion the Chairperson thanked Mr McCaffrey for attending.

Agreed: The Committee agreed that further consideration should be given to this issue at the next meeting of the Committee.

2.13pm the meeting moved into Closed Session.

7. Correspondence from the Committee on Procedures

Members noted correspondence from the Committee on Procedures.

Agreed: Following discussion the Committee agreed that the Clerk should seek legal advice and commission an Assembly Research Paper on the issues raised. The Committee also agreed a holding response to be forwarded to the Committee on Procedures.

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, 20 th October 2010 at 1.15pm in Room 144. Lunch will be available at 1.00pm.

The Chairperson adjourned the meeting at 2.18pm.

Mr Declan O’Loan MLA
Chairperson, Committee on Standards and Privileges
20th October, 2010.

29 September 2010 / Menu