Committee on Standards and Privileges

WEDNESDAY, 20th OCTOBER 2010
ROOM 144, PARLIAMENT BUILDINGS

In Attendance:
Mr Paul Gill (Assembly Clerk)
Ms Tara Caul (Legal Adviser)
Mr Jonathan McMillen (Assistant Legal Adviser)
Mrs Sian Woodward (Assembly Bill Clerk)
Mr Phil Pateman (Assistant Clerk)
Mr Michael Greer (Clerical Supervisor)
Mr Christopher McNickle (Clerical Officer)

Apologies:
Mr Mickey Brady

The meeting commenced at1.17pm 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 from Agenda Item 5.

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 13th October 2010

Agreed: The draft minutes of the meeting held on 13 th October 2010 were agreed by the Committee.

4. Matters arising

There were no matters arising.

1.19pm the meeting moved into Closed Session.

5. Interim Assembly Commissioner’s Correspondence on a Complaint against a Member

1.20 pm Mr McCrea joined the meeting.

Members noted correspondence from the Interim Assembly Commissioner for Standards on a complaint against a Member.

The Chairperson welcomed Dr Tom Frawley, Interim Assembly Commissioner for Standards and Mr John MacQuarrie, Director for Standards and Special Projects, Ombudsman’s Office and invited Dr Frawley to brief the Committee on his correspondence.

Dr Frawley advised that, as per his correspondence, the complaint was admissible but that no further action should be taken as it related to matters which had been considered substantially on previous occasions by the Committee.

Following discussion, the Chairperson thanked Dr Frawley and Mr MacQuarrie for attending the meeting.

Agreed : After Dr Frawley and Mr MacQuarrie left the meeting, the Committee discussed the correspondence and agreed with the Interim Commissioner’s conclusions.

Agreed : The Committee agreed that the Clerk should write to the Member complained of and the complainant informing them of the Committee’s decision and enclosing a copy of the Interim Commissioner’s correspondence.

1.31 pm Mr Anderson joined the meeting.

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

Ms Tara Caul, Legal Adviser; Mr Jonathan McMillen, Assistant Legal Adviser; and Mrs Sian Woodward, Assembly Bill Clerk were present to assist the Committee with its consideration of the draft Bill.

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

Clause 14 – Establishment of the Commissioner

Agreed: The Committee noted and agreed the amendments to Clause 14.

Clause 15 – Functions of the Commissioner

Agreed: The Committee noted and agreed the amendments to Clause 15.

Clause 16 – Independence of the Commissioner

Agreed: The Committee noted and agreed the amendments to Clause 16.

Clause 17 – Appointment of the Commissioner

Agreed: The Committee noted and agreed the amendments to Clause 17.

Clause 18 and Schedule 3 – Disqualification of the Commissioner

Agreed: The Committee noted and agreed the amendments to Clause 18 and Schedule 3.

Clause 19 – Termination of the Commissioner’s Appointment

Agreed: The Committee noted and agreed the amendments to Clause 19.

Clause 20 and Schedule 4 – Further Provision About the Commissioner

Agreed: The Committee noted and agreed the amendments to Clause 20 and Schedule 4.

Clause 21 – Appointment of an Acting Commissioner

Agreed: The Committee noted and agreed the amendments to Clause 21.

Clause 22 – Directions to the Commissioner

Agreed: The Committee noted and agreed the amendments to Clause 22.

Clause 23 – Directions to the Commissioner

Agreed: The Committee noted and agreed the amendments to Clause 23.

Clause 24 – Action on a Report

Agreed: The Committee noted and agreed the amendments to Clause 24.

Clause 25 – Powers to Call for Witnesses and Documents

Agreed: The Committee noted and agreed the amendments to Clause 25.

Clause 26 – Witnesses and Documents: Notice

Agreed: The Committee noted and agreed Clause 26.

Clauses 27 – Witnesses: Oaths and Affirmations

Agreed: The Committee noted and agreed Clause 27.

Clause 28 – Offences

Agreed: The Committee noted and agreed the amendments to Clause 28.

Clause 29 – Protection from Defamation Actions

Agreed: The Committee noted and agreed Clause 29.

Clause 30 – Restriction on Disclosure of Information

Agreed: The Committee noted and agreed the amendment to Clause 30.

Clause 31 – Interpretation

Agreed: The Committee noted and agreed the amendments to Clause 31.

Clause 32 – Saving, Transitory and Transitional Provisions

Agreed: The Committee noted and agreed the amendments to Clause 32.

Clause 33 – Consequential Amendments

The Committee noted that this clause relates to Part 1 of the bill on the Independent Financial Review Panel.

Clause 34 – Interpretation: General

Agreed: The Committee noted and agreed the amendments to Clause 34.

Clause 35 – Commencement

Agreed: The Committee noted and agreed Clause 35.

Clause 36 – Short Title

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

Explanatory and Financial Memorandum

Agreed: The Committee noted and agreed paragraphs 6 – 8, 26 – 48 and paragraphs 51 – 52 of the explanatory and financial memorandum.

Agreed: The Committee noted and agreed paragraph 54 which details the financial implications of the appointment of a Commissioner.

Other Matters

Agreed: The Committee agreed that the Clerk should continue to scrutinise the draft bill and that any necessary drafting amendments that were identified could be made without requiring the Committee to reconvene.

7. 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.

Agreed: The Committee agreed there was no need to respond to the consultation.

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, 3 rd November 2010 at 1.15pm in Room 144. Lunch will be available at 1.00pm.

The Chairperson adjourned the meeting at 2.08pm.

Mr Declan O’Loan MLA
Chairperson, Committee on Standards and Privileges
10th November, 2010.

13 October 2010 / Menu