No. 18-09/10

MINUTE OF PROCEEDINGS

TUESDAY 17 NOVEMBER 2009

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

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Executive Committee Business

2.1 Statement - British-Irish Council Summit Meeting

The j unior Minister, Mr Robin Newton, made a statement to the Assembly regarding the British-Irish Council Summit meeting, held on 13 November 2009, following which he replied to questions.

2.2 Statement - North-South Ministerial Council Meeting in Institutional Format

The deputy First Minister, Mr Martin McGuinness, made a statement to the Assembly regarding the North-South Ministerial Council meeting in Institutional Format, held on 11 November 2009, following which he replied to questions.

2.3 Statement - North-South Ministerial Council Meeting in Transport Sectoral Format

The sitting was suspended at 12.28pm.

The sitting resumed at 1.30pm, with the Deputy Speaker (Mr Molloy) in the Chair.

The Minister for Regional Development, Mr Conor Murphy, made a statement to the Assembly regarding the North-South Ministerial Council meeting in Transport Sectoral format, held on 4 November 2009, following which he replied to questions.

The Speaker in the Chair.

2.4 Consideration Stage - Diseases of Animals Bill (NIA 22/07)

The Minister of Agriculture and Rural Development moved that the Consideration Stage of the Diseases of Animals Bill be agreed.

13 amendments were tabled to the Bill, plus a notice of intention to oppose the question that Clause 6 stand part of the Bill.

Clauses

The question being put, it wasagreed without division that Clauses 1 to 3 stand part of the Bill.

After debate Amendment 1 to Clause 4 wasmade without division.

The question being put, it wasagreed without division that Clause 4 (as amended) stand part of the Bill.

After debate Amendments 2 and 3 to Clause 5 weremade without division.

The question being put, it wasagreed without division that Clause 5 (as amended) stand part of the Bill.

After debate the question that Clause 6 stand part of the Bill wasnegatived without division.

The question being put, it wasagreed without division that Clause 7 stand part of the Bill.

Debate suspended for Question Time.

3. Question Time

3.1 Social Development

Questions were put to, and answered by, the Minister for Social Development, Ms Margaret Ritchie.

4. Executive Committee Business (Cont’d)

4.1 Consideration Stage - Diseases of Animals Bill (NIA 22/07) (Cont’d)

After debate Amendments 4 and 5 to Clause 8 weremade without division.
The question being put, it wasagreed without division that Clause 8 (as amended) stand part of the Bill.

The question being put, it wasagreed without division that Clauses 9 and 10 stand part of the Bill.

After debate Amendments 6, 7, 8 and 9 to Clause 11 weremade without division.

The question being put, it wasagreed without division that Clause 11 (as amended) stand part of the Bill.

After debate Amendment 10 to Clause 12 wasmade without division.

The question being put, it wasagreed without division that Clause 12 (as amended) stand part of the Bill.

The question being put, it wasagreed without division that Clauses 13 to 20 stand part of the Bill.

After debate Amendments 11 and 12 to Clause 21 weremade without division.

The question being put, it wasagreed without division that Clause 21 (as amended) stand part of the Bill.

The question being put, it wasagreed without division that Clauses 22 to 24 stand part of the Bill.

Schedules

The question being put, it wasagreed without division that Schedules 1 and 2 stand part of the Bill.

After debate, Amendment 13 to Schedule 3 wasmade without division.

The question being put, it wasagreed without division that Schedule 3 (as amended) stand part of the Bill.

Long Title

The question being put, the Long Title wasagreed without division.

Bill (NIA 22/07) passed Consideration Stage and stood referred to the Speaker.

5. Private Members’ Business

5.1 Motion - NI Budget

The Deputy Speaker (Mr Dallat) in the Chair.

Proposed:That this Assembly opposes any reduction in the Northern Ireland block grant during the next Comprehensive Spending Review.

[Mr S Hamilton]
[Mr G Campbell]

5.2 Amendment

Proposed: At end insert:

‘; recognises that after the next Westminster election, whatever the outcome, the Northern Ireland block grant could be reduced by up to 10 per cent; further recognises that the Executive and Assembly must prepare for this potential outcome; and calls on the Assembly to set up an ad-hoc Budgetary Review Committee to secure cross-party support on plans to manage such potential reductions in public expenditure.’

[Mr D McNarry]
[Mr R Beggs]

Debate ensued.

The Amendment being put, the Amendment fell without division.

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

The Deputy Speaker (Mr Molloy) in the Chair.

5.3 Motion - Rural Schools

Proposed: That this Assembly notes that many of our smaller schools are under the viability quota proposed in the Department of Education sustainable schools policy and calls on the Minister of Education to enact suitable pilot projects to develop ways of maintaining the viability of our smaller schools.

[Mr D Bradley]
[Mr T Gallagher]

 

5.4 Amendment

Proposed: At end insert:

‘; and in particular to fully explore the potential for integrated schools or other versions of shared education as the most realistic means to preserve local education in many rural communities.’

[Mr T Lunn]
[Dr S Farry]

Debate ensued.

The Amendment being put, the Amendment fell without division.

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

The Deputy Speaker (Mr Dallat) in the Chair.

6. Adjournment

Mr John O’Dowd spoke to his topic on the delayed Multi-element Improvement Scheme for 19 rural cottages within the Housing Executive’s Lurgan District area.

Proposed: That the Assembly do now adjourn.

[The Speaker]

The Assembly adjourned at 7.59 pm.

Mr William Hay
The Speaker
17 November 2009

 

DISEASES OF ANIMALS BILL

MARSHALLED LIST OF AMENDMENTS

CONSIDERATION STAGE

Tuesday 17 November 2009

Amendments tabled up to 9.30am Thursday, 10 November 2009

_______________________________________________________________

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1

Clause 4 , Page 5, Line 22

At end insert -

‘Powers of entry under warrant: code of practice

46D. ¾(1) An inspector who enters any premises by virtue of a warrant issued under Article 46B shall comply with a code of practice which has been published under paragraph (4) and has not been withdrawn.

(2) The Department shall prepare a code of practice in connection with the exercise by inspectors of a power of entry conferred by virtue of a warrant issued under Article 46B.

(3) After preparing a draft of the code the Department ¾

(a) shall publish the draft in such manner as it thinks appropriate and invite representations regarding the draft;

(b) shall consider any representations made to it regarding the draft; and

(c) may amend the draft accordingly.

(4) After the Department has proceeded under paragraph (3) it shall publish the code in such manner as it thinks appropriate.

(5) The Department shall from time to time review the code and if it thinks it appropriate revise the code.

(6) Paragraphs (2) to (4) apply to a revision of the code as they apply to its preparation.’

Minister of Agriculture and Rural Development

Amendment 2

Clause 5 , Page 5, Line 30

Leave out from ‘or’ to ‘4A’ in line 31

Minister of Agriculture and Rural Development

Amendment 3

Clause 5 , Page 5, Line 33

Leave out ‘or that sub-paragraph’

Minister of Agriculture and Rural Development

Clause 6

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that clause 6 stand part of the Bill.

Minister of Agriculture and Rural Development

Amendment 4

Clause 8 , Page 8, Line 43

At end insert -

‘(3) The Department may by order prescribe the circumstances in which it may withhold, either wholly or partly, compensation or any other payment in respect of an animal slaughtered under this Order where ¾

(a) the slaughter has been necessitated by brucellosis;

(b) guidance relating to brucellosis has been published under Article 4A(3) and has not been withdrawn; and

(c) the owner or person having charge of the animal has failed to comply with that guidance.’

Minister of Agriculture and Rural Development

Amendment 5

Clause 8 , Page 9

Leave out lines 1 to 7

Minister of Agriculture and Rural Development

Amendment 6

Clause 11 , Page 9, Line 36

At end insert -

‘( ) If a person is convicted of an offence under Article 5A and, at any time after the date of that conviction, that person is convicted of a further offence under that Article, the court shall by order disqualify that person, for such period as it thinks fit, from keeping or dealing in ¾

(a) any animals or poultry, or

(b) any animals or poultry of a specified kind.’

Minister of Agriculture and Rural Development

Amendment 7

Clause 11 , Page 9, Line 37

Leave out ‘the order’ and insert ‘an order made under paragraph (1) or (2)’

Minister of Agriculture and Rural Development

Amendment 8

Clause 11 , Page 10, Line 2

Leave out ‘(1)’ and insert ‘(1) or (2)’

Minister of Agriculture and Rural Development

Amendment 9

Clause 11 , Page 10, Line 24

Leave out ‘or control’ and insert ‘, control or possession’

Minister of Agriculture and Rural Development

Amendment 10

Clause 12 , Page 11

Leave out lines 1 and 2

Minister of Agriculture and Rural Development

Amendment 11

Clause 21 , Page 14, Line 20

After ‘4A(1),’ insert ‘4B(3),’

Minister of Agriculture and Rural Development

Amendment 12

Clause 21 , Page 14, Line 24

Leave out from ‘, 50(1)’ to the end of line 25 and insert ‘and 50(1)”.’

Minister of Agriculture and Rural Development

Amendment 13

Schedule 3 , Page 21, Line 34

Leave out from ‘In Article 6(3)’ to ‘that time”.’

Minister of Agriculture and Rural Development

 

NORTHERN IRELAND ASSEMBLY

PAPERS PRESENTED TO THE ASSEMBLY ON

17 NOVEMBER 2009

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)

For Information Only:

7. Written Ministerial Statements

8. Consultation Documents

9. Departmental Publications

10. Agency Publications

11. Westminster Publications

12. 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 17 NOVEMBER 2009

Session 2009-2010

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
*Goods Vehicles (Licensing of Operators) Bill NIA Bill 15/07	12.05.08	20.05.08	12.12.08	04.12.08	10.11.09
*Civil Registration Bill NIA Bill 20/07	17.06.08	01.07.08	20.03.09	18.03.09
*Diseases of Animals Bill NIA Bill 22/07	30.06.08	15.09.08	17.02.09	13.02.09	17.11.09
*Education Bill NIA Bill 3/08	25.11.08	08.12.08	30.09.09	30.09.09
*Financial Provisions Bill NIA Bill 6/08	23.02.09	03.03.09	13.05.09	13.05.09	03.11.09	16.11.09
*Housing (Amendment) Bill NIA Bill 7/08	09.06.09	23.06.09	1.12.09
*Employment Bill NIA Bill 9/08	22.06.09	30.06.09	9.11.09	6.11.09
*Local Government (Miscellaneous Provisions) Bill NIA Bill 10/08	22.06.09	30.06.09	26.10.09	15.10.09
*Forestry Bill NIA Bill 11/08	29.06.09	15.09.09	02.03.10
Department of Justice Bill NIA Bill 1/09	14.09.09	22.09.09	10.11.09	21.10.09	10.11.09
/Rates (Amendment) Bill NIA Bill 2/09	14.09.09	22.09.09	N/A	N/A	29.09.09	6.10.09	13.10.09	3.11.09
Water and Sewerage Services (Amendment) Bill NIA Bill 3/09	21.09.09	29.09.09	19.01.10

Session 2009-2010

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 2008-2009 by the Assembly as Royal Assent had not been achieved.

/ Bill progressing by accelerated passage