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 1 Minutes of proceedings relating to the report, Minutes of evidence, Papers from the NIO 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. For more information please contact the Northern Ireland Assembly, Printed Paper Office, http://www.niassembly.gov.uk/assem_exec/2007mandate/reports/report22_07_08R.htm (1 of 619)02/04/2008 15:59:35 Welcome to the Northern Ireland Assembly 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 Volume 1 http://www.niassembly.gov.uk/assem_exec/2007mandate/reports/report22_07_08R.htm (2 of 619)02/04/2008 15:59:35 Welcome to the Northern Ireland Assembly 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 Executive Summary 1. This report has been prepared in accordance with the terms of section 18 of the Northern Ireland (St Andrews Agreement) Act 2006 which requires the Assembly to make a report to the Secretary of State before 27 March 2008, on progress towards the devolution of policing and justice matters. 2. Making progress on the devolution of policing and justice powers has proved to be deeply emotive, and highly sensitive; it has posed a significant, and often politically difficult, challenge over a considerable period of time. Indeed, the matter was considered previously by the Committee on the Preparation for Government, prior to the Northern Ireland (St Andrews Agreement) Act 2006, and, thereafter, by the Committee on the Programme for Government in the run up to restoration of the Northern Ireland Assembly in May 2007. For various reasons the devolution of policing and justice matters has been viewed by some as representing a risk to political developments in Northern Ireland, whereas others have considered that it provides an opportunity to secure political stability. 3. This report deals with the range of policing and justice powers which would cease to be reserved matters in circumstances where there was a request by the Assembly for devolution; it addresses issues associated with the ministerial model and procedures for filling the ministerial post/s for any new Department with responsibility for policing and justice powers, as well as the timing of devolution. http://www.niassembly.gov.uk/assem_exec/2007mandate/reports/report22_07_08R.htm (3 of 619)02/04/2008 15:59:35 Welcome to the Northern Ireland Assembly 4. In particular, the report makes specific recommendations on the range of policing and justice powers which would cease to be reserved matters (see Annex A, pages 28-32 for a sumary of what will devolve and what will not devolve) as well as the further preparations which need to be made to facilitate devolution. 5. The report discusses issues to do with the structure, relationships, governance and accountability of any new department which would exercise powers in relation to policing and justice matters and it acknowledges concerns related to the funding for, and timing of, devolution. 6. The report calls on the political parties to commit to further discussions to produce recommendations on a range of outstanding issues associated with the ministerial model and procedures for filling the ministerial post/s for any department, including how any such department would be accommodated in the Executive, and the timing of devolution. The report also acknowledges that, once such agreement is reached, the detail of that agreement be conveyed, immediately thereafter, to the Secretary of State for Northern Ireland. Summary of Recommendations Recommendation 1 The Committee recommends that the matters specified in the NIO Discussion Paper (February 2006) be regarded as the policing and justice matters which are currently reserved matters under Schedule 3 of the Northern Ireland Act 1998. (Paragraph 12) Recommendation 2 The Committee recommends that those matters in paragraphs 9(a) & (b) of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 17) Recommendation 3 The Committee recommends that those matters in paragraph 9(c) of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 18) Recommendation 4 The Committee recommends that those matters in paragraph 9(d) of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 19) Recommendation 5 The Committee recommends that those matters in paragraph 9(e) of Schedule 3 to the Northern Ireland Act 1998 be transferred. http://www.niassembly.gov.uk/assem_exec/2007mandate/reports/report22_07_08R.htm (4 of 619)02/04/2008 15:59:35 Welcome to the Northern Ireland Assembly (Paragraph 20) Recommendation 6 The Committee recommends that those matters in paragraph 9(g) of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 21) Recommendation 7 The Committee recommends that those matters in paragraph 9(h) of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 22) Recommendation 8 The Committee recommends that those matters in paragraph 9A of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 23) Recommendation 9 The Committee recommends that either before, or following, devolution of the range of policing and justice matters identified in this report, the Assembly should conduct a review of those matters relating to the ‘Public Processions (Northern Ireland) Act 1998’, and having regard to the outcome of the ‘Strategic Review of Parading’, should consider if, and when, they should be transferred. (Paragraph 24) Recommendation 10 The Committee recommends that those matters in Paragraph 10 of Schedule 3 to the Northern Ireland Act 1998, other than those relating to the Public Processions (Northern Ireland) Act 1998, be transferred. (Paragraph 24) Recommendation 11 The Committee recommends that those matters in paragraph 11 of Schedule 3 to the Northern Ireland Act 1998, other than those relating to ‘50:50 temporary recruitment provisions’, be transferred. (Paragraph 25) Recommendation 12 The Committee recommends that either before, or following, the devolution of the range of policing and justice matters identified in this report, those matters relating to ‘50:50 temporary recruitment provisions’ should be reviewed to determine if, and when, they should be http://www.niassembly.gov.uk/assem_exec/2007mandate/reports/report22_07_08R.htm (5 of 619)02/04/2008 15:59:35 Welcome to the Northern Ireland Assembly transferred. (Paragraph 25) Recommendation 13 The Committee recommends that those matters in paragraph 12 of Schedule 3 to the Northern Ireland Act 1998, relating to health and safety aspects of explosives, and policy development, legislation and general oversight of ‘non-prohibited’ firearms be transferred. (Paragraph 26) Recommendation 14 The Committee recommends that those matters in paragraphs 14A, 15 and 17 of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 27) Recommendation 15 The Committee recommends that those matters in paragraph 15A of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 28) Recommendation 16 The Committee recommends that those matters in paragraph 11A of Schedule 3 to the Northern Ireland Act 1998 be transferred. (Paragraph 29) Recommendation 17 The Committee recommends that particular administrative arrangements relating to extradition and mutual legal assistance should be exercised by the Northern Ireland Minister/s. (Paragraph 32) Recommendation 18 The Committee recommends that there should be a single department that will exercise powers in relation to policing and justice matters. (Paragraph 35) Recommendation 19 The Committee recommends that the political parties commit to further discussions to produce recommendations on the ministerial model to be adopted and the method by which the Assembly would make the ministerial appointment/s and that it will be necessary for these discussions to take place before the devolution of policing and justice matters.