Assembly and Executive Review Committee Second Report on the Arrangements for the Devolution of Policing and Justice Matters Volume One Together with the Minutes of Proceedings of the Committee Relating to the Report, the Minutes of Evidence and Other Relevant Documents Ordered by the Assembly and Executive Review Committee to be printed 25 February 2010 Report: NIA 42/09/10R (Assembly and Executive Review Committee) UNDER EMBARGO UNTIL 9 MARCH 2010 Session 2009/2010 Powers and Membership 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 59 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 ensure 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, 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 is as follows: Mr Jimmy Spratt (Chairperson) * Mr Raymond McCartney (Deputy Chairperson) Mr Alex Attwood Mr Nigel Dodds **** Mr Simon Hamilton *** Mr Danny Kennedy Mr Alex Maskey ** Mr Alan McFarland Mr John O’Dowd Mr Declan O’Loan ***** Mr Ian Paisley Jnr *** * Mr Jeffrey Donaldson resigned from the Committee with effect from Tuesday, 26 February 2008 and was replaced by Mr Jimmy Spratt on 4 March 2008. ** With effect from 20 May 2008, Mr Alex Maskey replaced Ms Caral Ni Chuilin. *** With effect from 15 September 2008, Mr Simon Hamilton replaced Mr Ian McCrea and Mr Ian Paisley Jnr replaced Mr George Robinson. **** With effect from 15 September 2009, Mr Nigel Dodds replaced Mr Nelson McCausland. ***** With effect from 26 January 2010, Mr Declan O’Loan replaced Mrs Carmel Hanna. Declaration of Interests In any proceedings of the Committee when devolution of policing and justice matters were being discussed, Members declared the following interests: ■ Mr Jimmy Spratt, Member of the Policing Board for Northern Ireland ■ Mr Alex Attwood, Member of the Policing Board for Northern Ireland ■ Mr Alex Maskey, Member of the Policing Board for Northern Ireland ■ Mr Nelson McCausland, Belfast District Policing Partnership ■ Mr Ian McCrea, Cookstown District Policing Partnership i Second Report on the Arrangements for the Devolution of Policing and Justice Matters – Volume One ■ Mr Declan O’Loan, Ballymena District Policing Partnership ■ Mr Ian Paisley Junior, Member of the Policing Board for Northern Ireland Observer Status On 27 January 2009, the Committee agreed to re-extend observer status to those political parties represented in the Assembly, but not represented on the Committee, when the devolution of policing and justice matters were being discussed. ii Table of Contents Table of Contents List of Abbreviations v Volume 1 Executive Summary and Conclusions 1 Introduction 2 The Committee’s Approach 4 The Financial Implications of the Devolution of Policing and Justice Matters 6 The Category Two List of Issues, to be resolved by the Committee, pre-devolution, but which might require wider consultation and consideration (excluding the financial implications of the devolution of policing and justice matters) 8 Appendices Appendix 1 The Category Two List of Issues, to be resolved by the Committee, pre-devolution, but which might require wider consultation and consideration 15 Appendix 2 Minutes of Proceedings relating to the report 19 Appendix 3 Papers relating to the financial implications of the devolution of policing and justice matters ■ Specialist Adviser 139 ■ Correspondence from the Prime Minister 150 Appendix 4 Agreements, Concordats, Protocols and Memoranda of Understanding underpinning the devolution of policing and justice matters 159 ■ Agreement Between the Government of the United Kingdom of Great Britain and Northern Ireland and The Government of Ireland on Co-Operation on Criminal Justice Matters ■ Concordat Between Her Majesty’s Government and the Northern Ireland Executive on the Independence of the Judiciary in Northern Ireland ■ Protocol on the Policing Architecture ■ Agreement Between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland on Police Co-Operation ■ Concordat between Her Majesty’s Government and the Northern Ireland Executive on the Independence of the Public Prosecution Service for Northern Ireland (Including a Protocol between the Attorney General and the Prosecuting Departments) ■ Memoranda of Understanding on Sex Offenders iii Second Report on the Arrangements for the Devolution of Policing and Justice Matters – Volume One ■ Handling Arrangements for National Security Related Matters after Devolution of Policing and Justice to the Northern Ireland Executive ■ Agreement at Hillsborough Castle Appendix 5 Correspondence to, and from, OFMDFM 213 Appendix 6 Correspondence to, and from, NIO 277 Appendix 7 Other Correspondence 361 Appendix 8 Summary of Recommendations from the Report on the Inquiry into the Devolution of Policing and Justice Matters – 22/07/08R 437 Appendix 9 Summary of Recommendations from the First Report on the Arrangements for the Devolution of Policing and Justice Matters – 22/08/09R (which deals with some of the Category One List of Issues to be resolved, within the Committee, pre-devolution) 445 Volume 2 Appendix 10 Minutes of Evidence 3 Appendix 11 List of Witnesses 375 Appendix 12 Written Submissions 379 Appendix 13 Research Papers 615 iv List of Abbreviations List of Abbreviations AG Attorney General AME Annually Managed Expenditure CICAPNI Criminal Injuries Compensation Appeals Panel Northern Ireland CJINI Criminal Justice Inspection Northern Ireland CSR Comprehensive Spending Review DEL Departmental Expenditure Limits DFP Department for Finance and Personnel DPP District Policing Partnership ERINI Economic Research Institute for Northern Ireland FMDFM First Minister and deputy First Minister FSNI Forensic Science Northern Ireland HMT Her Majesty’s Treasury NICtS Northern Ireland Court Service NIJAC Northern Ireland Judicial Appointments Commission NIJAO Northern Ireland Judicial Appointments Ombudsman NILSC Northern Ireland Legal Services Commission NIO Northern Ireland Office NIPB Northern Ireland Policing Board NIPF Northern Ireland Police Fund NIPS Northern Ireland Prison Service OFMDFM Office of the First Minister and deputy First Minister PBNI Probation Board Northern Ireland PPS Public Prosecution Service PRRT Police Rehabilitation and Retraining Trust PSNI Police Service Northern Ireland RUCGC Royal Ulster Constabulary George Cross Foundation SoS Secretary of State SOCA Serious Organised Crime Agency YJA Youth Justice Agency v vi Executive Summary and Conclusions Executive Summary and Conclusions The Agreement at Hillsborough Castle on 5 February 2010 set out, among other things, a proposed timetable for the devolution of policing and justice matters. In accordance with Section 4 of the Northern Ireland Act 1998, the first stage of the process would be the tabling, jointly by the First Minister and the deputy First Minister, of a resolution requesting devolution. The Assembly and Executive Review Committee decided to publish its Second Report on the Arrangements for the Devolution of Policing and Justice Matters in time to inform Members of its consideration of relevant matters, and in advance of the debate on the resolution and cross-community vote which is expected to take place in the Assembly on 9 March 2010. This report considers a number of matters including the financial implications of the devolution of policing and justice matters; the role of the Attorney General; the arrangements for the appointment, and removal, of judicial office holders; North/South policing and justice agreements; parading; the Public Prosecution Service; and the Justice Minister’s position in the Northern Ireland Executive. Whilst the principal purpose of the report is to inform the debate which is expected to take place on 9 March 2010, it contains the following conclusions: Conclusions The Committee concludes that there is merit in the sum of £1.328 billion being ‘ring- fenced’ for policing and justice services within the Northern Ireland Executive’s overall budget for 2010/2011. (Paragraph 38) The Committee concludes that, in the interests of the good and proper regulation of the way in which the Assembly conducts its business, it is important to have an early resolution of matters relating to the role of the Attorney General. (Paragraph 48) The Committee concludes that it will be necessary to have appropriate arrangements in place to enable the Assembly to fulfil its scrutiny role in relation to prosecutorial policy, spending and administration in the Public Prosecution Service. (Paragraph 60) The Committee concludes that the independence of the Public Prosecution Service should be maintained and that the matter of the accountability of the PPS should be examined by the