Northern Ireland Assembly Flax Flower Logo

No. 25-07/08

MINUTE OF PROCEEDINGS
MONDAY 10 DECEMBER 2007

The Assembly met at noon, the Speaker in the Chair

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. The Speaker’s Business

2.1 The Speaker made a ruling that the word ‘lapdog’, as used during the sitting on 4 December, does not constitute unparliamentary language.

3. Executive Committee Business

3.1 Statement - North-South Ministerial Council - Aquaculture and Marine Sectoral Format

Ms Michelle Gildernew, Minister of Agriculture and Rural Development, made a statement to the Assembly regarding the North-South Ministerial Council meeting in aquaculture and marine sectoral format, following which she replied to questions.

3.2 First Stage - Charities Bill NIA 9/07

Ms Margaret Ritchie, Minister for Social Development, introduced a Bill to make provision for the establishment and functions of the Charity Commission for Northern Ireland and the Charity Tribunal for Northern Ireland; to make provision about the law of charities, including provision about charitable incorporated organisations; to make further provision about public charitable collections and other fund-raising carried on in connection with charities and other institutions; to make provision about the funding of such institutions; and for connected purposes.

Bill passed First Stage and ordered to be printed (NIA Bill 9/07).

3.3 Further Consideration Stage - Pensions Bill NIA 7/07)

Ms Margaret Ritchie, Minister for Social Development, moved that the Further Consideration Stage of the Pensions Bill be agreed.

No Amendments were tabled.

NIA Bill 7/07 passed Further Consideration Stage and stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

3.4 Motion - Company and Business Names (Amendment No. 2) Regulations (Northern Ireland) 2007

Proposed: That the Company and Business Names (Amendment No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/462) be approved.

[Minister of Enterprise, Trade and Investment]

Debate ensued.

The Question being put, the Motion was carried without division.

3.5 Motion - Administration of Estates (Rights of Surviving Spouse or Civil Partner) Order (Northern Ireland) 2007

Proposed: That the Administration of Estates (Rights of Surviving Spouse or Civil Partner) Order (Northern Ireland) 2007 (S.R. 2007/452) be approved.

[Minister of Finance and Personnel]

Debate ensued.

The Question being put, the Motion was carried without division.

3.6 Motion - Legislative Consent - Climate Change Bill

Proposed: That this Assembly endorses the principle of the extension of the provisions of the Climate Change Bill to Northern Ireland.

[Minister of the Environment]

Debate ensued.

The Deputy Speaker (Mr Molloy) in the chair.

The Question being put, the Motion was carried without division.

4. Committee Business

4.1 Motion - Prayer of Annulment - S.R. 2007/442

Proposed: That the Student Fees (Amounts) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/442) be annulled.

[Chairperson, Committee for Employment and Learning]

Debate ensued.

The debate was suspended for Question Time.

The Speaker in the chair.

5. Question Time

5.1 Office of First Minister and deputy First Minister

Questions were put to, and answered by, the First Minister, the Rt Hon Dr Ian Paisley.

5.2 Minister of Agriculture and Rural Development

Questions were put to, and answered by, the Minister, Ms Michelle Gildernew.

5.3 Minister of Culture, Arts and Leisure

Questions were put to, and answered by, the Minister, Mr Edwin Poots.

6. Committee Business (cont’d)

6.1 Motion - Prayer of Annulment - S.R. 2007/442 (cont’d)

Debate resumed on the motion, the Deputy Speaker (Mr Dallat) in the chair.

The Question being put, the Motion was negatived (Division 1).

7. Private Members’ Business

7.1 Motion - Delivering Choice for the Terminally Ill

Proposed: That this Assembly expresses concern that 75% of terminally ill people in Northern Ireland are unable to die in the place of their choice, whether in their own home or the home of a family member; and that many terminally ill people are admitted to hospital on multiple occasions, unnecessarily, during the final weeks of life, causing stress to their families and carers; welcomes the positive results emerging from the ‘Delivering Choice Programme’ which Marie Curie Cancer Care has operated in Great Britain; and calls on the Minister of Health, Social Services and Public Safety to provide the necessary resources for a pilot programme aimed at ensuring that patients, and their carers, receive the necessary support throughout the palliative care period.

[Ms C Ní Chuilín]

Debate ensued.

The Question being put, the Motion was carried without division.

8. Adjournment

Mr David McNarry spoke on the topic of Home-Start funding in Ards, Comber and Peninsula Area.

The Deputy Speaker, in accordance with Standing Order 10(3), allowed business to continue beyond 6 pm.

Proposed: That the Assembly do now adjourn.

[The Speaker]

The Assembly adjourned at 6.31 pm.

Mr William Hay
The Speaker

10 December 2007

NORTHERN IRELAND ASSEMBLY
10 DECEMBER 2007
DIVISIONS

Division No. 1

Prayer of Annulment S.R. 2007/442 - Motion

Proposed: That the Student Fees (Amounts) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/442) be annulled.

[Chairperson, Committee for Employment and Learning]

The Question was put and the Assembly divided.

Ayes: 39

Noes: 51

Ayes

Mr Adams, Ms Anderson, Mr Attwood, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Brolly, Mr Burns, Mr Butler, Mr W Clarke, Mr Doherty, Mr Durkan, Dr Farry, Mr Ford, Mr Gallagher, Mrs Hanna, Mrs D Kelly, Ms Lo, Mrs Long, Mr Lunn, Mr A Maginness, Mr P Maskey, Ms J McCann, Mr McCarthy, Mr McCartney, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, Mr McKay, Ms Ní Chuilín, Mr O’Loan, Mrs O’Neill, Ms Purvis, Mr P Ramsey, Ms S Ramsey, Mr B Wilson.

Tellers for the Ayes: Mr Butler and Ms J McCann

Noes

Mr Armstrong, Mr Beggs, Mr Bresland, Lord Browne, Mr Buchanan, Mr Burnside, Mr Campbell, Mr T Clarke, Rev Dr Robert Coulter, Mr Craig, Mr Cree, Mr Dodds, Rt Hon J Donaldson, Mr Easton, Mr Elliott, Sir Reg Empey, Mrs Foster, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr Kennedy, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Dr W McCrea, Mr McFarland, Mr McGimpsey, Miss McIlveen, Mr McNarry, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Paisley Jnr, Rt Hon Dr Ian Paisley, Mr Poots, Mr G Robinson, Mrs I Robinson, Mr K Robinson, Rt Hon P Robinson, Mr Ross, Mr Savage, Mr Shannon, Mr Simpson, Mr Spratt, Mr Storey, Mr Weir, Mr Wells , Mr S Wilson.

Tellers for the Noes: Mr Armstrong and Mr Kennedy

The Motion was negatived.

NORTHERN IRELAND ASSEMBLY

PAPERS PRESENTED TO THE ASSEMBLY FROM
5 DECEMBER TO 10 DECEMBER 2007

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

Registrar General Northern Ireland Annual Report 2006 (NIA 41/07-08)

5. Assembly Reports

Examiner of Statutory Rules Session 2007-2008: Seventh Report to the Assembly and Appropriate Committees (NIA 70/07-08)

6. Statutory Rules

(The department identified after each rule is for reference purposes only.)

S.R. 2007/486 The Occupational Pensions (Revaluation) Order (Northern Ireland) 2007 (DSD)

S.R. 2007/490 Milk and Milk Products (Pupils in Educational Establishments) (Amendment) Regulations (Northern Ireland) 2007 (DARD)

S.R. 2007/494 The Transfer of Undertakings and Service Provision Change (Protection of Employment) (Consequential Amendments etc.) Regulations (Northern Ireland) 2007 (DEL)

S.R. 2007/496 The Meat (Official Controls Charges) (No. 2) Regulations (Northern Ireland) 2007 (DHSSPS)

S.R. 2007/497 The Fishery Products (Official Controls Charges) Regulations (Northern Ireland) 2007 (DHSSPS)

S.R. 2007/498 The Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2007 (DHSSPS)

For information only:

S.R. 2007/480 The Motor Hackney Carriages (Belfast) (Amendment) By-Laws (Northern Ireland) 2007 (DOE)

S.R. 2007/491 The Bus Lane (Ormeau Road, Belfast) Order (Northern Ireland) 2007 (DRD)

S.R. 2007/492 The Cycle Routes (Amendment No. 5) Order (Northern Ireland) 2007 (DRD)

S.R. 2007/493 The Cycle Routes (Amendment No. 6) Order (Northern Ireland) 2007 (DRD)

S.R. 2007/495 The Industrial Court (Proceedings) (Amendment) Rules (Northern Ireland) 2007 (DEL)

7. Consultation Documents

Child Maintenance Bill - Equality Impact Assessment Consultation (DSD)

8. Departmental Publications

Public Appointments Annual Report 2006/2007 Volume 1 (OFMDFM)

Public Appointments Annual Report 2006/2007 Volume 2 (OFMDFM)

9. Agency Publications

Draft All-Ireland Species Action Plan - Red Squirrel (DOE)

Draft Northern Ireland Species Action Plan - House Sparrow and Tree Sparrow (DOE)

10. Westminster Publications

Criminal Justice Inspection Northern Ireland - Annual Report and Accounts 2006-2007 (HC 96)

11. Miscellaneous Publications

The Management of Sex Offenders - Follow-up Inspection (Criminal Justice Inspection Northern Ireland)