Report of the Committee Review Group Review of the Committee System of the Northern Ireland Assembly October 2013 NIA 135/11-15 REPORT EMBARGOED UNTIL COMMENCEMENT OF THE DEBATE IN PLENARY Mandate 2011/15 First Report Table of Contents Table of Contents 1. List of acronyms and abbreviations used in this report i 2. Executive Summary 1-3 3. Summary of Recommendations 4-7 4. Context 8-9 5. Background to the NI Assembly Committee System 10-11 6. Developing a Vision and Guiding Principles for the Northern Ireland Assembly 12-13 7. Discussion and Key Findings Committee Structures 14-17 Committee Powers 17-19 Making the best use of Committee Resources 20-24 Access to Knowledge and Expertise 24-26 Strategic Planning 26-30 The role of the Chairpersons’ Liaison Group 31-32 The organisation of Standing Committees 33-34 Public Engagement and the use of New Technologies 35-38 8. Appendices Appendix 1 Terms of Reference 41-42 Appendix 2 Assembly Research and Information Service (RaISe): Review of Committee Structures: Comparative information from other legislatures 45-72 External Advisers to Parliament Committees 73-78 Standing Committees in legislatures in the UK and Ireland 79-91 Appendix 3 Committee Review Group Discussion Papers: Organising Committees 95-102 Turnover in Membership of Committees 103-106 The Role of the Chairpersons’ Liaison Group 107-109 i Report of the Committee Review Group — Review of the Committee System of the Northern Ireland Assembly October 2013 List of Abbreviations used in the Report AERC Assembly Executive and Review Committee AIMs Assembly Information Management System Agric Agriculture and Rural Development APG All Party Group C & AG Controller and Auditor General CAL Culture, Arts and Leisure Committee CPD Continuous Professional Development CLG Chairpersons’ Liaison Group CRG Committee Review Group EDUC Education ENVIR Environment ETI Enterprise, Trade and Investment (Committee) E&L Employment and Learning EU European Union F&P Finance and Personnel KESS Knowledge Exchange Seminar Series IRFP Independent Financial Review Panel OFMdFM Office of the First Minister and Deputy First Minister NI Northern Ireland MLA Member of the Legislative Assembly NIAO Northern Ireland Audit Office PAC Public Accounts Committee PfG Programme for Government RaISe Research and Information Service RD Regional development SD Social development SL1 policy proposal for a statutory rule S&P Standards and Privileges SR Statutory rule ii Executive Summary Executive Summary 1. This Review came about following a recommendation by the Assembly and Executive Review Committee (AERC) that it would be “..prudent for the Assembly to make an early start to a review of the Assembly’s committee system and that the Chairpersons’ Liaison Group (CLG) should have an important role in this review.” 2. The terms of reference were agreed by CLG and it was decided that the review should be undertaken by a Committee Review Group (CRG) comprising one chairperson from each of the political parties represented on CLG and three external members who were appointed for their experience and expertise of parliamentary systems (Appendix 1). 3. While previous committee reviews have been undertaken, this was the first review to take an integrated approach across all aspects of the NI Assembly committee system in terms of its roles, structures and processes with the aim of identifying new ways of improving the capacity and effectiveness of committees in delivering their policy development, scrutiny and legislative roles. 4. CRG agreed a high level vision that “The Assembly should have an outstanding, progressive and resourced system that enhances the capacity and effectiveness of statutory and standing committees in delivering their statutory and other functions.” 5. Early discussions at CRG concluded that chairpersons are largely content with the overall architecture of the current committee system. In coming to this conclusion, members of CRG note that statutory committees have a wide remit, with powers to call ministers and departments to account, hold inquiries and shape legislation. Informally, committees have significant influence in their relevant sphere of policy. 6. CRG is mindful of the prevailing political and constitutional climate as part of which there has been considerable debate about proposals to reduce the number of Members of the Legislative Assembly (MLAs) and reorganise and reduce the number of NI departments. CRG agrees that this could have clear implications for the committee structure. 7. Within this context, CRG concludes that it would not be prudent at this stage to propose any fundamental changes to the committee system but that this should be reviewed in 2015 in advance of the anticipated changes in 2016. 8. CRG further recommends that the link between each Executive department and a single statutory committee should be retained as this is regarded as a key strength of the system and underpins a committee’s capacity to conduct focused and effective scrutiny. In maintaining this structure, CRG recognises that this consequently places some limits on the scope and extent of other proposals that it can recommend at this time. 9. CRG notes that the current composition of committees is in broad proportion to party strengths in the Assembly. CRG therefore recommends that statutory committee membership should be retained at 11. 10. While concluding that membership should be retained at 11, CRG recommends that committee membership should be reviewed as part of the wider discussions about the number of MLAs and departments. 11. CRG considered whether any aspect of committee work would benefit from the creation of additional powers but has concluded that committees are equipped with adequate powers. With regard to extending committee powers to amend legislation, CRG is content that committees are generally involved in significant scrutiny prior to the introduction of Bills. CRG 1 Report of the Committee Review Group — Review of the Committee System of the Northern Ireland Assembly October 2013 concludes that there is no value in extending committee powers to amend legislation. CRG however recommends that committees should seek to ensure that potential amendments are fully discussed and considered at Committee Stage and reported to the Assembly. 12. Whilst acknowledging that committees have sufficient powers, CRG notes that a key constraining factor to more effective and strategic working is that committees face too many demands with limited resources and capacity to fully utilise their powers. 13. A number of measures have been discussed to address how to make the best use of committee powers and resources. This includes recommendations to improve the operation of meetings and attendance; strengthening existing protocols between the Executive and the Assembly to improve the quality and timeliness of information to committees by departments; and for the Assembly to initiate a dialogue with the Executive on protocols to improve appropriate access to officials and/or ministers. 14. Members’ knowledge and expertise is also viewed as a critical resource for committees. Acknowledging the delivery of training by ‘PoliticsPlus’, CRG recommends that members’ training and continuing professional needs should be periodically reviewed and appropriate training for new and existing members delivered. 15. The input of professional staff, research and expertise is regarded as critical to the effectiveness of committees. CRG recommends that committees make better use of specialist and standing advisers, and participate to a greater extent in the Knowledge Exchange Seminar Series (KESS). 16. A key theme running through this review has been the need for committees to apply a more strategic and systematic approach to their work. To this end, CRG recommends that a set of core tasks should be developed to guide committees’ forward work programmes. CRG agrees that each committee should develop a strategic plan that sets out its key priorities, objectives, targets and planned outputs within the core task framework. 17. However while CRG sees the benefit of standard procedures and adopting best practice, it is also keen to maintain the autonomy of each committee in determining its own forward work programme and priorities. 18. CRG recommends expanding the role of the Chairpersons’ Liaison Group but does not consider it necessary for CLG to be formalised through Standing Orders at this time. CRG agrees that its placing in Standing Orders should be revisited when the committee system is next reviewed. 19. Although not part of the terms of reference of this review, concerns have been expressed by a number of chairpersons about the operation of All Party Groups (APGs) at the Assembly. CRG recommends that the issue of the number and governance of APGs and their secretariats, including their role and appointment process, should be referred to the Committee for Standards and Privileges, responsible for overseeing the registration of APGs. 20. In relation to the organisation or merger of some of the six standing committees, CRG concludes that there is insufficient secretariat resource to be released from merging any two of these committees. CRG also agrees that the separate and distinct remits of the six standing committees do not lend themselves to merger. CRG however does see merit in expanding the role of the Audit Committee to take account of the new scrutiny responsibilities that might come about if a committee of the Assembly was empowered to scrutinise the budget