Welcome to the Northern Ireland Assembly
Total Page：16
File Type：pdf, Size：1020Kb
Welcome to the Northern Ireland Assembly MembershipWhat's HappeningCommitteesPublicationsAssembly CommissionGeneral InfoJob OpportunitiesHelp Session 2007/2008 First Report Assembly and Executive review committee Report on the Inquiry into the Devolution of Policing and Justice Matters Volume 2 Written Submissions, Other Correspondence , Party Position Papers, Research Papers, Other Papers Ordered by the Assembly and Executive Review Committee to be printed 26 February 2008 Report: 22/07/08R (Assembly and Executive Review Committee) REPORT EMBARGOED UNTIL Commencement of the debate in Plenary on Tuesday, 11 March 2008 This document is available in a range of alternative formats. http://www.niassembly.gov.uk/assem_exec/2007mandate/reports/report22_07_08R_vol2.htm (1 of 294)02/04/2008 16:04:02 Welcome to the Northern Ireland Assembly For more information please contact the Northern Ireland Assembly, Printed Paper Office, Parliament Buildings, Stormont, Belfast, BT4 3XX Tel: 028 9052 1078 Powers and Membership Powers The Assembly and Executive Review Committee is a Standing Committee established in accordance with Section 29A and 29B of the Northern Ireland Act 1998 and Standing Order 54 which provide for the Committee to: ● consider the operation of Sections 16A to 16C of the Northern Ireland Act 1998 and, in particular, whether to recommend that the Secretary of State should make an order amending that Act and any other enactment so far as may be necessary to secure that they have effect, as from the date of the election of the 2011 Assembly, as if the executive selection amendments had not been made; ● make a report to the Secretary of State, the Assembly and the Executive Committee, by no later than 1 May 2015, on the operation of Parts III and IV of the Northern Ireland Act 1998; and ● consider such other matters relating to the functioning of the Assembly or the Executive as may be referred to it by the Assembly. Membership The Committee has eleven members including a Chairperson and Deputy Chairperson with a quorum of five. The membership of the Committee since its establishment in May 2007 has been as follows: Rt Hon Jeffrey Donaldson (Chairperson) Mr Danny Kennedy Mr Raymond McCartney (Deputy Chairperson) Mr Nelson McCausland Mr Alex Attwood Mr Ian McCrea Ms Carmel Hanna Mr Alan McFarland Ms Carál Ní Chuilín Mr John O’Dowd Mr George Robinson Contents http://www.niassembly.gov.uk/assem_exec/2007mandate/reports/report22_07_08R_vol2.htm (2 of 294)02/04/2008 16:04:02 Welcome to the Northern Ireland Assembly Volume 1 Executive Summary Summary of Recommendations Introduction The Committee’s Approach Issues, findings, recommendations and conclusions Annex A – Summary of what will devolve and what will not devolve Appendicies Appendix 1 – Minutes of Proceedings relating to the report Appendix 2 – Minutes of Evidence Appendix 3 – Papers from the NIO List of Witnesses Volume 2 Appendix 4 – Written Submissions Appendix 5 – Party Position Papers Appendix 6 – Other Correspondence Appendix 7 – Research Papers Appendix 8 – Other Papers Appendix 4 Written Submissions Mr Stephen Graham Clerk to Assembly and http://www.niassembly.gov.uk/assem_exec/2007mandate/reports/report22_07_08R_vol2.htm (3 of 294)02/04/2008 16:04:02 Welcome to the Northern Ireland Assembly Executive Review Committee Room 428 Parliament Buildings Stormont Estate Belfast BT4 3XX Tel: (0)28 9052 1784 Fax: (0)28 9052 5917 Email: [email protected] 9 July 2007 Dear Sir/Madam Inquiry into the devolution of policing and justice matters The Northern Ireland Assembly has requested that the Assembly and Executive Review Committee should report on the work which needs to be undertaken in accordance with Section 18 of the Northern Ireland (St Andrews Agreement) Act 2006 in relation to the transfer of policing and justice matters. The Committee determined that it would proceed with this work by conducting a formal inquiry. The terms of reference for the inquiry are: Terms of Reference 1. To identify those policing and justice matters which are currently reserved matters under Schedule 3 of the Northern Ireland Act 1998 (the 1998 Act); 2. To consider which of these matters should be devolved and the extent to which they should be devolved; 3. To identify the preferred ministerial model and procedures for filling the ministerial post/posts for the new policing and justice department; 4. To identify what preparations need to be made by the Northern Ireland Assembly to facilitate the devolution of policing and justice matters and what preparations have been made; 5. To assess whether the Assembly is likely to make a request under section 4 (2A) of the 1998 Act before 1 May 2008, as to which policing and justice matters should cease to be reserved matters; and 6. To report to the Assembly by 29 February 2008. http://www.niassembly.gov.uk/assem_exec/2007mandate/reports/report22_07_08R_vol2.htm (4 of 294)02/04/2008 16:04:03 Welcome to the Northern Ireland Assembly The Committee agreed as well as inviting submissions from organisations with a specific interest in policing and justice matters, your organisation might be interested in making a written submission which addresses the terms of reference outlined above. Should you wish to do so, please submit your response by e-mail to: committee.assembly&[email protected]. Alternatively, as specified in the guidance enclosed 15 hard copies of your submission should be sent to The Committee Clerk, Mr Stephen Graham, Room 428, Parliament Buildings, Stormont, BT4 3XX. The deadline for receipt of written submissions has been extended to 26 September 2007. Please note that any submissions received may be included in the Committee’s final report. Please note that following receipt of any written submission you might make, you may be invited to present your submission at an oral evidence session with the Committee sometime during September/October/November 2007. Further information on the work of the Committee can be accessed on the following webpage: http://www.niassembly.gov.uk/assem_exec/2007mandate/assem_exec.htm If you have any queries, please get in touch with me on 028 9052 1784 or Roisin Donnelly on 028 9052 1845. Yours faithfully Stephen J Graham Committee Clerk List of Written Submissions Committee on the Administration of Justice Compensation Agency Criminal Justice Inspection Northern Ireland Disability Action Down District Policing Partnership http://www.niassembly.gov.uk/assem_exec/2007mandate/reports/report22_07_08R_vol2.htm (5 of 294)02/04/2008 16:04:03 Welcome to the Northern Ireland Assembly Garda Síochána HM Revenue and Customs Include Youth Legal Service Commission Lord Chief Justice, Northern Ireland Methodist Church in Ireland Northern Ireland Affairs Committee Northern Ireland Court Service Northern Ireland Human Rights Commission Northern Ireland Law Commission Northern Ireland Office (Mr Paul Goggins MP) Northern Ireland Policing Board Northern Ireland Women’s European Platform Presbyterian Church in Ireland Probation Board for Northern Ireland Police Service of Northern Ireland Public Prosecution Service, Northern Ireland Robert McCartney Justice Campaign Serious Organised Crime Agency The Equality Commission for Northern Ireland The Irish Congress of Trade Unions The Law Society of Northern Ireland The Minister for Justice, Equality and Law Reform The Scottish Government Committee on the Administration of Justice Stephen J Graham Clerk to the Assembly and Executive Review Committee Room 428 Parliament Buildings Stormont Estate Belfast BT4 3XX 3rd August 2007 Dear Mr Graham Thank you for inviting the Committee on the Administration of Justice (CAJ) to make a written submission to the inquiry into the devolution of policing and justice matters. The Committee on the Administration of Justice (CAJ) was established in 1981 and is an independent non-governmental organisation affiliated to the International Federation of Human Rights. CAJ works on a broad http://www.niassembly.gov.uk/assem_exec/2007mandate/reports/report22_07_08R_vol2.htm (6 of 294)02/04/2008 16:04:03 Welcome to the Northern Ireland Assembly range of human rights issues and its membership is drawn from across the community. CAJ’s activities include publishing reports, conducting research, holding conferences, monitoring, campaigning locally and internationally, individual casework and providing legal advice. Its areas of work are extensive and include policing, emergency laws, criminal justice, equality and the protection of rights. The organisation has been awarded several international human rights prizes, including the Reebok Human Rights Award and the Council of Europe Human Rights Prize. As part of its work around policing and criminal justice, CAJ produced last year a major report on the devolution of criminal justice and policing powers to Northern Ireland. The report looks at models on offer from other jurisdictions and evaluates the advantages and disadvantages associated with each. Moreover, the report looks at other accountability mechanisms that need to be built into any system to ensure that power is administered fairly, effectively and in a human rights compliant manner. In addition, the report looks at the recent changes that have been taking place in criminal justice system in Northern Ireland as regards the impact they could have on devolution of power to the local level. Finally, it examines the issue of the delineation of powers to be devolved or retained at Westminster and the consequences this may have.