No. 22-08/09

MINUTE OF PROCEEDINGS
TUESDAY 2 DECEMBER 2008

The Assembly met at 10.30 am, the Deputy Speaker (Mr McClarty) in the Chair

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Executive Committee Business

2.1 Statement - Independent Investigation into the Flooding Incident at Broadway Underpass on 16 August 2008

The Minister for Regional Development, Mr Conor Murphy, made a statement to the Assembly regarding the independent investigation into the flooding incident at Broadway underpass in Belfast on 16 August 2008, following which he replied to questions.

The Speaker in the chair.

2.2 Consideration Stage - Pensions (No. 2) Bill (NIA 2/08)

The Minister for Social Development, Ms Margaret Ritchie, moved that the Consideration Stage of the Pensions (No. 2) Bill be agreed.

Twelve amendments were tabled to the Bill.

Clauses

The question being put, it was agreed without division that Clauses 1 to 7 stand part of the Bill.

After debate Amendment 1 to Clause 8 was made without division .

The question being put, it was agreed without division that Clause 8 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 9 to 21 stand part of the Bill.

After debate Amendment 2 to Clause 22 was made without division.

After debate Amendment 3 to Clause 22 was made without division.

The question being put, it was agreed without division that Clause 22 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 23 to 27 stand part of the Bill.

After debate Amendment 4 to insert a new clause was made without division.

The question being put, it was agreed without division that Clauses 28 to 36 stand part of the Bill.

After debate Amendment 5 to Clause 37 was made without division.

The question being put, it was agreed without division that Clause 37 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 38 to 58 stand part of the Bill.

After debate Amendment 6 to Clause 59 was made without division.

After debate Amendment 7 to Clause 59 was made without division.

After debate Amendment 8 to Clause 59 was made without division.

The question being put, it was agreed without division that Clause 59 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 60 to 76 stand part of the Bill.

After debate Amendment 9 to Clause 77 was made without division.

The question being put, it was agreed without division that Clause 77 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 78 to 106 stand part of the Bill.

After debate Amendment 10 to Clause 107 was made without division.

The question being put, it was agreed without division that Clause 107 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 108 to 110 stand part of the Bill.

After debate Amendment 11 to Clause 111 was made without division.

After debate Amendment 12 to Clause 111 was made without division.

The question being put, it was agreed without division that Clause 111 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 112 to 118 stand part of the Bill.

Schedules

The question being put, it was agreed without division that Schedules 1 to 10 stand part of the Bill.

Long Title

The question being put, the Long Title was agreed without division.

Bill (NIA 2/08) passed Consideration Stage and stood referred to the Speaker.

3. Committee Business

3.1 Motion - Hospital Car Parking Charges

Proposed: That this Assembly notes the announcement by the Minister of Health, Social Services and Public Safety in May 2008 on the introduction of free hospital car parking for very ill patients and their families; and, while welcoming this announcement, further calls on the Minister to abolish all hospital car parking charges.

[Chairperson, Committee for Health, Social Services and Public Safety]

Debate ensued.

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

The sitting was suspended at 12.54 pm.

The sitting resumed at 2.00 pm, with the Deputy Speaker (Mr Dallat) in the chair.

4. Private Members’ Business

4.1 Motion - Occupational Therapy Services

Proposed: That this Assembly calls on the Minister of Health, Social Services and Public Safety to recognise that there is a lack of occupational therapy services which is adding to the waiting times for assessment and completion of urgent works within patient homes; and further calls on the Minister, in conjunction with the Minister for Social Development, to look at ways in which the Housing Executive can carry out minor works, including ramps, hand rails, outside lighting and showers, without an occupational therapy assessment.

[Mr P Maskey]

[Mr F McCann]

[Ms J McCann]

[Ms S Ramsey]

4.2 Amendment No. 1

Proposed:Leave out all after ‘homes’ and insert:

‘; urges the allocation of increased resources to employ adequate numbers of occupational therapists and support their important work to meet the needs of people with disabilities living in the community; and further calls on the Minister, in conjunction with the Minister for Social Development and the Minister of the Environment, to co-ordinate their Department’s responsibilities to streamline and fast track applications in respect of disabled persons’ facilities and minor works.’

[Mr P Ramsey]

[Mrs C Hanna]

[Mrs D Kelly]

 

4.3 Amendment No. 2

Proposed: Leave out all after ‘Executive’ and insert:

‘can accelerate the assessment process by improving co-ordination with those who provide occupational therapy services while carrying out minor works, including ramps, hand rails, outside lighting and showers.’

[Mr K McCarthy]

[Mr D Ford]

Debate ensued.

Amendment No. 1 being put, the Amendment was made without division.

Amendment No. 2 was not put.

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

5. Adjournment

Proposed: That the Assembly do now adjourn.

[The Speaker]

The Assembly adjourned at 3.28 pm.

Mr William Hay
The Speaker
2 December 2008

 

PENSIONS (NO. 2) BILL

MARSHALLED LIST OF AMENDMENTS

CONSIDERATION STAGE

Tuesday 2 December 2008

Amendments tabled up to and including Thursday, 27 November 2008

_______________________________________________________________

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1

Clause 8 , Page 6, Line 8

After ‘behalf’ insert ‘or in respect’

Minister for Social Development

Amendment 2

Clause 22 , Page 11, Line 25

Leave out ‘such persons’ and insert ‘them’

Minister for Social Development

Amendment 3

Clause 22 , Page 11, Line 26

After ‘are’ insert ‘J and’

Minister for Social Development

Amendment 4

New Clause

After clause 27 insert —

‘Sections 20, 24 and 26: certification that quality requirement is satisfied

27A. —(1) The Department may by regulations provide that, subject to provision within subsection (6)(f), a scheme to which this section applies is to be taken to satisfy the relevant quality requirement in relation to any jobholder of an employer if a certificate given in accordance with the regulations is in force in relation to the employer.

(2) The certificate must state that, in relation to the jobholders of the employer who are active members of the scheme, the scheme is in the opinion of the person giving the certificate able to satisfy the relevant quality requirement throughout the certification period.

(3) This section applies to —

(a) a money purchase scheme to which section 20 applies;

(b) a personal pension scheme to which section 26 applies;

(c) a hybrid scheme, to the extent that requirements within section 24(1)(a) apply.

(4) The “relevant quality requirement” —

(a) for a scheme within subsection (3)(a), means the quality requirement under section 20;

(b) for a scheme within subsection (3)(b), means the quality requirement under section 26;

(c) for a scheme within paragraph (c) of subsection (3), means the requirements mentioned in that paragraph.

(5) Regulations may make further provision in relation to certification under this section.

(6) Regulations may in particular make provision —

(a) as to the period for which a certificate is in force (the “certification period”);

(b) as to the persons by whom a certificate may be given;

(c) as to procedures in connection with certification or where a certificate has been given;

(d) requiring persons to have regard to guidance issued by the Department;

(e) requiring an employer to calculate the amount of contributions that a scheme, and any section 26 agreements, required to be paid by or in respect of any jobholder in the certification period;

(f) as to cases where the requirements of a scheme, and any section 26 agreements, as to payment of contributions by or in respect of jobholders of an employer did not satisfy prescribed conditions.

(7) Provision within subsection (6)(f) includes in particular provision for a scheme not to be treated by virtue of regulations under this section as having satisfied the relevant quality requirement unless prescribed steps are taken (which may include the making of prescribed payments).

(8) In subsection (6) “section 26 agreements” means the agreement required, in the case of a scheme within subsection (3)(b), by section 26(4) and any agreement required, in the case of such a scheme, by section 26(6).

(9) The Department may by order repeal this section.’

Minister for Social Development

Amendment 5

Clause 37 , Page 19, Line 22

After ‘pay’ insert ‘on behalf or’

Minister for Social Development

Amendment 6

Clause 59 , Page 32, Line 33

Leave out ‘qualifying scheme’ and insert ‘pension scheme that is relevant to the discharge of those duties’

Minister for Social Development

Amendment 7

Clause 59 , Page 32

Leave out line 39

Minister for Social Development

Amendment 8

Clause 59 , Page 32, Line 42

Leave out ‘, “worker” or “qualifying scheme”’ and insert ‘or “worker”’

Minister for Social Development

Amendment 9

Clause 77 , Page 40, Line 18

At end insert ‘or (where section 9 applies) a worker in relation to whom there are direct payment arrangements (within the meaning of section 107A of the Pension Schemes Act) between the worker and the employer;’

Minister for Social Development

Amendment 10

Clause 107 , Page 53, Line 28

Leave out from ‘, for sub-paragraph (d)’ to the end of line 35 and insert —

‘the existing provision becomes sub-paragraph (1).

(2) For paragraph (d) of that sub-paragraph substitute —

“(d) permitting the Regulator to authorise such persons, in such circumstances and under such arrangements, as the Regulator may determine, to exercise on behalf of the Regulator —

(i) the power to determine whether to exercise any of the functions listed in sub-paragraph (2);

(ii) the power to exercise any of the functions listed in sub-paragraph (2) or such other functions as may be prescribed.”.

(3) After that sub-paragraph insert —

“(2) The functions mentioned in sub-paragraph (1)(d) are —

(a) the power to issue an improvement notice under Article 9;

(b) the power to issue a third party notice under Article 10;

(c) the power to recover unpaid contributions under Article 13;

(d) the power to require information under Article 67;

(e) the power to vary or revoke a determination, order, notice or direction under Article 96;

(f) the power to require payment of a penalty under Article 10 of the 1995 Order;

(g) the power to issue a compliance notice under section 34 of the Pensions (No. 2) Act ( Northern Ireland) 2008;

(h) the power to issue a third party compliance notice under section 35 of that Act;

(i) the power to issue an unpaid contributions notice under section 36 of that Act;

(j) the power to issue a fixed penalty notice under section 39 of that Act;

(k) the power to issue an escalating penalty notice under section 40 of that Act;

(l) the power to recover penalties under section 41 of that Act;

(m) the power to review a notice under section 42 of that Act;

(n) the power to issue a compliance notice in respect of prohibited recruitment conduct under section 50 of that Act;

(o) the power to issue a penalty notice in respect of prohibited recruitment conduct under section 51 of that Act.”.

(4) Subsections (1) to (3) —

(a) do not affect any regulations made under paragraph 2(d) of Schedule 1 to the 2005 Order before the coming into operation of this section, and

(b) do not affect the powers conferred by that paragraph, so far as exercisable for the purpose of making, by way of consolidation, provision having the same effect as any provision of those regulations.’

 

Minister for Social Development

Amendment 11

Clause 111 , Page 56, Line 17

After ‘17(1)(c),’ insert ‘27A,’

Minister for Social Development

Amendment 12

Clause 111 , Page 56, Line 19

At end insert —

‘(ba) an order under section 27A(9);’

Minister for Social Development

NORTHERN IRELAND ASSEMBLY
PAPERS PRESENTED TO THE ASSEMBLY ON
2 DECEMBER 2008

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
5. Assembly Reports
6. Statutory Rules
   (The department identified after each rule is for reference purposes only.)
7. Consultation Documents
   The Social Fund: A New Approach (DSD)
   Draft Equality Impact Assessment regarding the draft Masterplan for Crumlin Road/Gaol Girdwood Park (DSD)
8. Departmental Publications
9. Agency Publications
10. Westminster Publications
11. Miscellaneous Publications

Northern Ireland Assembly Legislation:

Stages in Consideration of Public Bills

First Stage: Introduction of Bill

Second Stage: General debate of the Bill with an opportunity for Members to vote on its general principles

Committee Stage: Detailed investigation by a Committee which concludes with the publication of a report for consideration by the Assembly.

Consideration Stage: Consideration by the Assembly of, and an opportunity for Members to vote on, the details of the Bill including amendments proposed to the Bill.

Further Consideration Stage: Consideration by the Assembly of, and an opportunity for Members to vote on, further amendments to the Bill.

Final Stage: Passing or rejecting of Bill by the Assembly, without further amendment.

Royal Assent

Proceedings as at 2 DECEMBER 2008

Session 2008-2009

Executive Bills

Title & Bill Number	First Stage	Second Stage	Committee Stage due to Conclude	Committee Report Ordered to be Printed	Consideration Stage	Further Consideration Stage	Final Stage	Royal Assent
*Charities Bill NIA Bill 9/07	10.12.07	15.01.08	27.06.08	01.05.08	03.06.08	17.06.08	30.06.08	09.09.08
*Building Regulations Bill NIA Bill 11/07	25.02.08	04.03.08	27.06.08	11.06.08
*Goods Vehicles (Licensing of Operators) Bill NIA Bill 15/07	12.05.08	20.05.08	12.12.08
*Public Authorities (Reform) Bill NIA Bill 19/07	17.06.08	30.06.08	12.12.08	19.11.08
*Civil Registration Bill NIA Bill 20/07	17.06.08	01.07.08	20.03.09
*Health and Social Care (Reform) Bill NIA Bill 21/07	23.06.08	01.07.08	05.12.08	14.11.08	01.12.08
*Diseases of Animals Bill NIA Bill 22/07	30.06.08	15.09.08	17.02.09
*Presumption of Death Bill NIA Bill 23/07	01.07.08	15.09.08	16.01.09
/Pensions (No. 2) Bill NIA Bill 2/08	17.11.08	25.11.08			02.12.08
Education Bill NIA Bill 3/08	25.11.08

 

Session 2008-2009

Non-Executive Bills

 

Title & Bill Number	First Stage	Second Stage	Committee Stage due to Conclude	Committee Report Ordered to be Printed	Consideration Stage	Further Consideration Stage	Final Stage	Royal Assent
*Carers Allowance Bill NIA Bill 13/07	31.03.08
Community Use of School Premises Bill NIA Bill 1/08	13.10.08

* Bill carried over from 2007-2008 by the Assembly as Royal Assent had not been achieved.

/ Bill progressing by accelerated passage