COMMITTEE ON STANDARDS AND PRIVILEGES
Minutes of Proceedings
WEDNESDAY, 30 MAY 2007
Room 135, PARLIAMENT BUILDINGS
Present:
Mrs Carmel Hanna (Chairperson)
Mr Gerry McHugh (Deputy Chairperson)
Mr Allan Bresland
Mr Francie Brolly
Rev Robert Coulter
Mr Alex Easton
Mr David Hilditch
Mr Alastair Ross
Mr George Savage
Mr Brian WilsonIn Attendance:
Mr John Torney (Principal Clerk)
Dr Kevin Pelan (Clerk to the Committee)
Ms Eleanor Murphy (Assistant Assembly Clerk)
Ms Carla Campbell (Clerical Supervisor)
Mr Lindsay Dundas (Clerical Officer)Apologies:
Mr Willie ClarkeThe meeting opened at 2:03pm in closed session.
Apologies.
Apologies are detailed above.
Chairperson’s Introduction.
The Chairperson welcomed the Deputy Chairperson and Members to the first meeting of the Committee and outlined the remit of the Committee.
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Briefing Note.
Members acknowledged the provision of a briefing note detailing the remit and functions of the Committee on Standards and Privileges.
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Committee Membership.
Members noted details of the Committee’s composition. The Chairperson welcomed Mr Alastair Ross who replaced Mr Adrian McQuillan.
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Committee Staff.
Members noted details of the secretariat staff supporting the Committee.
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Declaration of Interests.
The Chairperson reminded Members that under Standing Order 64 (4) that,
“Before taking part in any debate or proceedings of the Assembly or its Committees, a Member shall declare any interest, financial or otherwise, which is relevant to that debate or proceedings, where such interest is held by the Member or an immediate relative.”
Members noted the declaration of interests received from Committee Members and the Chairperson offered Members the opportunity to declare any further additional interests or amendments to the declarations listed.
The Chairperson declared an additional interest as a Member of Belfast City Council.
Rev Coulter joined the meeting at 2:11pm
Mr Hilditch joined the meeting at 2:13pm
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The Register of Members’ Interests.
The Chairperson informed Members of a letter received from the Clerk to the Assembly indicating the transfer of responsibility for the compilation and publication of the Register from him to the Committee on Standards and Privileges.
Agreed: That the Committee write to the Clerk to the Assembly acknowledging his letter and the transfer of responsibility for the Register to the Committee.
The Chairperson advised Members that once the Register of Members’ Interests had been completed, the Clerk would seek approval of the Committee on Standards and Privileges to publish the Register.
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Procedures.
The Chairperson referred Members to guidance papers on:
- The powers and operation of standing and ad hoc committees.
- The role of the Chairperson
- The role and functions of the Committee Office.
- The role of the Assembly Research Service.
The Chairperson drew Members attention to matters relating to privilege and sub-judice.
In regards to matters relating to privilege, the Chairperson reminded Members that,
“under Standing 50 of the Northern Ireland Act 1998, for the purposes of the law on defamation, absolute privilege applies equally to:
- The making of a statement in proceedings of the Assembly; and
- The publication of a statement under the Assembly’s authority”
The Chairperson stated that the term “proceedings of the Assembly” included the work of committees but advised Members that privilege did not extend to press conferences or statements made to the press.
The Chairperson further advised Members that sub-judice,
“falls under Standing Order 68 of the Standing Orders of the Northern Ireland Assembly prepared by the Secretary of State in accordance with paragraph 5(4) of Schedule 1 to the Northern Ireland ( St Andrews Agreement) Act 2006. Sub-judice applies from when a criminal charge (or charges) is brought, or from when notice of an appeal is lodged to the time that the verdict and sentence have been announced, or from when a civil action is listed for trail until judgement is given. In such cases, the matter awaiting adjudication should not be prejudiced by comment in a public session of a committee meeting.”
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Forward Work Programme.
The Clerk briefed Members on the following issues outstanding from the previous mandate and advised Members that these issues would determine the Committee’s Forward Work Programme:
(a) Outstanding Complaints
The Clerk informed Members that there were two outstanding complaints from the previous mandate.
Agreed: The Committee agreed to consult with the complainants.
(b) The Appointment of an Assembly Commissioner for Standards
The Clerk briefed Members on the issues relating to the appointment of an Assembly Commissioner for Standards including: the Inquiry held by the previous Standards and Privileges Committee.
The Chairperson advised Members that there was a need to review the Inquiry into the Possible Appointment of an Assembly Commissioner for Standards in order to ensure that any decision made by the current Committee on Standards and Privileges is based upon comprehensive and updated information.
Agreed: To invite the Northern Ireland Assembly Ombudsman, Mr Tom Frawley, to give a presentation on the work of his office and specifically to provide an account of his experiences of handling complaints against Members of the Assembly. It was agreed that the Clerk would inquire as to Mr Frawley’s availability to address the Committee at its next meeting on the 6 th June 2007.
Agreed: That the Clerk provides a short summary paper highlighting the main issues arising from the Inquiry including a review of the evidence of witnesses and to present this at a future meeting.
Agreed: That the Clerk provides a paper on the arrangements for dealing with complaints in other devolved Assemblies/Parliaments within the United Kingdom and the Republic of Ireland.
Agreed: That the Clerk would compile a short list of relevant witnesses whom the Committee could call upon to inform deliberations.
(c) Review of the Code of Conduct
The Clerk informed Members that a consultation on the “Code of Conduct and The Guide to the Rules Relating to the Conduct of Members” had taken place in June 2002 and that amendments were proposed but not implemented due to suspension.
The Chairperson advised Members that there was a need to re-visit the consultation on the Code of Conduct.
Agreed: The Committee agreed that the Clerk would produce a summary paper of the consultation, highlighting the proposed amendments and present the paper at a future meeting.
Agreed: The Committee agreed that, in order to aid deliberations, the Clerk would prepare a paper on issues that necessitated changes to the “Codes” in other jurisdictions.
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Correspondence.
Members noted an email from Children in Northern Ireland offering to provide Assembly Committees with briefings on issues relating to children.
Agreed: The committee agreed to write to Children in Northern Ireland in acknowledgement of the correspondence.
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Schedule of Meetings.
Members’ attention was drawn to the Forward Work Programme and the schedule of Committee Meetings.
Agreed: The Committee agreed to meet on a fortnightly basis, dependent on workload and subject to review in the autumn.
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Draft Press Release.
Members considered a draft press release and agreed that it be issued.
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Any Other Business.
The Committee considered whether meetings of the Committee should be held in private or open session.
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Date, time and place of next meeting.
The next meeting will be held on Wednesday, 6 th June at 2:00pm in Room 135, Parliament Buildings.
The Chairperson adjourned the meeting at 2:50pm.
CARMEL HANNA
Chairperson, Committee on Standards and Privileges.
6 th June 2007
COMMITTEE ON STANDARDS AND PRIVILEGES
Declaration of Interests
Updated 30 May 2007
| Mrs Carmel Hanna (Chairperson) |
Category 2: Remunerated employment, office, profession, etc. Member, Belfast City Council. |
| Mr Gerry McHugh (Deputy Chairperson) |
Category 2: Remunerated employment, office, profession, etc. Category 8: Land and Property Small Farm of 23 acres, Fermanagh. Category 11: Unremunerated Interests Director, Women in Agriculture. |
Mr Allan Bresland |
Category 2: Remunerated employment, office, profession, etc. Member, Strabane District Council. Member, Strabane Policing Board. |
Mr Francie Brolly |
Return indicated no relevant interests to declare. |
Mr Willie Clarke |
Category 2: Remunerated employment, office, profession, etc. Category 11: Unremunerated Interests |
Rev Dr Robert Coulter
|
Category 11: Unremunerated Interests Chairman, Castle Tower Special School. Director, Dunfane Special School. Member, Mid-Antrim Motor Cycle Club. President, Clough Senior Citizens Association. President, Mid-Antrim B Specials Association. Member, Ballymena Shop Mobility Association. Member, Ballymena Chamber of Commerce and Industry. Member, Orange Institution. Member, Royal Black Institution. Member, Royal British Legion. |
Mr Alex Easton |
Category 2: Remunerated employment, office, profession, etc. Member, North Down Borough Council. Member, North Down District Policing Partnership. |
Mr David Hilditch |
Category 1: Directorships Category 2: Remunerated employment, office, profession, etc. Category 5: Gifts, Benefits and Hospitality ( UK) Category 10: Miscellaneous Category 11: Unremunerated Interests Director (unremunerated), |
Mr Alastair Ross
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Interests to yet to be declared. |
Mr George Savage |
Category 2: Remunerated employment, office, profession, etc. Category 8: Land and Property Farmland, Donaghacloney. Category 11: Unremunerated Interests. |
Mr Brian Wilson |
Category 2: Remunerated employment, office, profession, etc. Member, North Down Borough Council.
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