No. 32-09/10
MINUTE OF PROCEEDINGS
TUESDAY 02 fEBRUARY 2010
The Assembly met at 10.30am, the Speaker in the Chair
1. Personal Prayer or Meditation
Members observed two minutes’ silence.
2. Executive Committee Business
2.1 Consideration Stage - Local Government (Miscellaneous Provisions) Bill (NIA 10/08)
The Minister of the Environment, Mr Edwin Poots, moved that the Consideration Stage of the Local Government (Miscellaneous Provisions) Bill (NIA 10/08) be agreed.
Debate ensued.
Fourteen amendments were tabled to the Bill.
Clauses
After debate Amendment 1 to Clause 1 was made without division.
The question being put, it was agreed without division that Clause 1 as amended stand part of the Bill.
After debate Amendment 2 to Clause 2 was made without division.
The question being put, it was agreed without division that Clause 2 as amended stand part of the Bill.
The question being put, it was agreed without division that Clauses 3 to 12 stand part of the Bill.
After debate, Amendment 3 inserting a new Clause after Clause 12 was made without division.
The question being put, it was agreed without division that Clause 13 stand part of the Bill.
After debate Amendments 4 and 5 to Clause 14 were made without division.
The question being put, it was agreed without division that Clause 14 as amended stand part of the Bill.
The question being put, it was agreed without division that Clause 15 stand part of the Bill.
After debate Amendment 6 to Clause 16 was made without division.
The question being put, it was agreed without division that Clause 16 as amended stand part of the Bill.
After debate, Amendment 7 inserting a new Clause after Clause 16 was made without division.
After debate Amendment 8 to Clause 17 was made without division.
The question being put, it was agreed without division that Clause 17 as amended stand part of the Bill.
After debate, Amendment 9 inserting a new Clause after Clause 17 was made without division.
The question being put, it was agreed without division that Clause 18 stand part of the Bill.
After debate, Amendment 10 inserting a new Clause after Clause 18 was made without division.
After debate Amendments 11 and 12 to Clause 19 were made without division.
The question being put, it was agreed without division that Clause 19 as amended stand part of the Bill.
After debate Amendment 13 to Clause 20 was made without division.
The question being put, it was agreed without division that Clause 20 as amended stand part of the Bill.
The question being put, it was agreed without division that Clauses 21 to 23 stand part of the Bill.
Long Title
After debate Amendment 14 to the Long Title was made without division.
The question being put, the Long Title as amended was agreed without division.
Bill (NIA 10/08) passed Consideration Stage and stood referred to the Speaker.
3. Private Members’ Business
3.1 Motion - Cancer Treatment
Proposed: That this Assembly recognises that people undergoing treatment for cancer can find themselves vulnerable to poverty because of their changed circumstances; and calls on the Minister of Health, Social Services and Public Safety, as part of his Service Framework for Cancer Prevention, Treatment and Care, to provide access to quality, on-site financial aid and advice services for people undergoing such treatment.
[Mrs M O’Neill]
[Ms S Ramsey]
[Mrs C McGill]
Debate ensued.
The sitting was suspended at 12.30 pm.
The debate resumed at 2.00pm, with the Deputy Speaker (Mr Molloy) in the Chair.
The question being put, the Motion was carried without division.
3.2 Motion - Faith-Based Organisations
Proposed: That this Assembly notes the range of services provided by churches and faith-based groups in Northern Ireland, particularly in traditionally hard-to-reach communities; notes the findings of the ‘Faith in Wales: Counting for Communities’ report; and calls on the Minister for Social Development to commission a similar study to quantify the contribution made by these organisations across Northern Ireland.
[Miss M McIlveen]
[Mr S Hamilton]
[Mr M Storey]
Debate ensued.
The debate was suspended for Question Time.
4. Question Time
4.1 Finance and Personnel
Questions were put to, and answered by, the Minister of Finance and Personnel, Mr Sammy Wilson.
4.2 Assembly Commission
Questions were put to, and answered by, Members of the Assembly Commission.
5. Private Members’ Business (Cont’d)
5.1 Motion - Faith-Based Organisations (Cont’d)
Debate resumed on the motion.
The Deputy Speaker (Mr McClarty) took the Chair.
The Question being put, the Motion was carried without division.
6. Adjournment
Mr Alex Easton spoke to his topic on the Withdrawal of the Easibus Service for the Elderly and Disabled in Bangor.
The Deputy Speaker (Mr Molloy) took the Chair.
Proposed: That the Assembly do now adjourn.
[The Speaker]
The Assembly adjourned at 5.38 pm.
Mr William Hay
The Speaker
02 February 2010
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) BILL
MARSHALLED LIST OF AMENDMENTS
CONSIDERATION STAGE
Tuesday 2 February 2010
Amendments tabled up to 9.30am Thursday, 28 January 2010
The Bill will be considered in the following order-
Clauses and Long Title
Amendment 1
Clause 1 , Page 1, Line 19
Leave out subsection (3) and insert -
‘(3) A provision of this Part does not apply to a contract which a district council enters into before the commencement of that provision.’
Minister of the Environment
Amendment 2
Clause 2 , Page 2, Line 26
Leave out from beginning to ‘case,’ in line 28
Minister of the Environment
Amendment 3
New Clause
After clause 12 insert -
‘Referral to Department where consent refused or granted subject to conditions
-(1) This section applies where ¾
(a) the consent of a statutory transition committee is required in relation to a proposed disposal or contract of an existing council; and
(b) that consent is refused by the statutory transition committee or is given subject to conditions.
(2) The existing council may refer the decision of the statutory transition committee to the Department.
(3) Where the decision of a statutory transition committee is referred to the Department under this section, the Department may ¾
(a) confirm that decision;
(b) if consent has been given subject to conditions, amend or revoke any such condition;
(c) if consent has been refused, grant consent unconditionally or subject to conditions.
(4) The decision of the Department under this section in relation to any consent or conditions ¾
(a) has effect for the purposes of this Chapter (except this section) as if made by the statutory transition committee; and
(b) is final.’
Minister of the Environment
Amendment 4
Clause 14 , Page 9, Line 11
Leave out subsection (4) and insert -
‘(4) Those regulations shall ensure that ¾
(a) the statutory transition committee in relation to the new council for the district of Belfast consists of members of the predecessor council and members of Castlereagh Borough Council and Lisburn City Council;
(b) the statutory transition committee in relation to any other new council consists of members of the predecessor councils.’
Minister of the Environment
Amendment 5
Clause 14 , Page 9, Line 17
Leave out ‘predecessor council’ and insert ‘council mentioned in subsection (4)’
Minister of the Environment
Amendment 6
Clause 16 , Page 10, Line 23
At end insert -
‘( ) the Local Government (Miscellaneous Provisions) ( Northern Ireland) Order 2002 (NI 3);’
Minister of the Environment
Amendment 7
New Clause
After clause 16 insert -
‘ Guidance to statutory transition committees
-(1) The Department may issue guidance to statutory transition committees as to the exercise of their functions.
(2) It is the duty of a statutory transition committee to have regard to any guidance issued by the Department.’
Minister of the Environment
Amendment 8
Clause 17 , Page 11, Line 5
At end insert -
‘(2A) Where the method of calculating the amount of severance payment depends on length of service, the regulations must provide that any period during which a councillor was a member of ¾
(a) the Assembly, or
(b) the House of Commons,
shall be disregarded.’
Mr Danny Kinahan
Mr John McCallister
Amendment 9
New Clause
After clause 17 insert -
‘Chapter 5
Power to modify legislation
Power to modify legislation in connection with local government re-organisation
-(1) The Department may by regulations make such modifications of local government or rating legislation as in the opinion of the Department are necessary or expedient for the purpose of preparing for, or giving full effect to, the reorganisation of local government provided for by the Local Government (Boundaries) Act (Northern Ireland) 2008 (c. 7).
(2) In this section “local government legislation” and “rating legislation” have the meanings given by section 16(2).’
Minister of the Environment
Amendment 10
New Clause
After clause 18 insert -
‘Exercise of waste management functions of councils
Exercise of waste management functions of councils
-(1) For the purposes of this section ¾
“joint committee” means a committee appointed by two or more district councils under section 19 of the Local Government Act (Northern Ireland) 1972 (c. 9) and “incorporated joint committee” means a joint committee in relation to which an order under subsection (9) of that section is in force;
“waste management functions” are functions exercisable by a district council or incorporated joint committee ¾
(a) under Part 2 of the Waste and Contaminated Land ( Northern Ireland) Order 1997 (NI 19); or
(b) for the purposes of, or in connection with, the exercise of such functions;
“waste management contract” means a contract for the purposes of, or in connection with, the carrying out of waste management functions.
(2) A district council has power to enter into a waste management contract containing -
(a) terms under which the council guarantees, or provides warranties or indemnities in relation to, the performance by any other district council or any incorporated joint committee of its obligations under that or any other waste management contract;
(b) terms which impose joint or several liability on the council and any other district council or incorporated joint committee in respect of a breach of a term of that or any other waste management contract.
(3) Two or more district councils (“the participating councils”) may enter into an agreement under which one of those councils (“the lead council”) is to act on behalf, and in the name, of all the participating councils in relation to the exercise of such waste management functions of the participating councils as are specified in the agreement (“the specified waste management functions”).
(4) Where such an agreement is in force -
(a) the lead council has all such powers as are necessary to give effect to the agreement including in particular -
(i) power to act on behalf, and in the name, of all the participating councils in relation to the exercise of the specified waste management functions;
(ii) power to exercise the specified waste management functions of other participating councils, including functions relating to acquiring and holding property, borrowing money and entering into waste management contracts;
(iii) power to receive and hold property on behalf of, and in the name of, participating councils;
(b) any other participant council has all such powers as are necessary to give effect to the agreement including in particular power ¾
(i) to borrow money for that purpose; and
(ii) to make payments to the lead council for that purpose.
(5) Nothing in this section is to be construed as derogating from any power of a council exercisable otherwise than by virtue of this section.’
Minister of the Environment
Amendment 11
Clause 19 , Page 11, Line 28
At end insert -
‘and
(c) section (Exercise of waste management functions of councils)(1) and (2) (contracts for waste management purposes).’
Minister of the Environment
Amendment 12
Clause 19 , Page 11, Line 35
At end insert -
‘and
(c) section (Exercise of waste management functions of councils)(1) and (2) (contracts for waste management purposes).’
Minister of the Environment
Amendment 13
Clause 20 , Page 12, Line 5
After ‘3’ insert ‘or 5’
Minister of the Environment
Amendment 14
Long Title
After ‘councillors;’ insert ‘to make provision in relation to the exercise of waste management functions of district councils;’
Minister of the Environment
NORTHERN IRELAND ASSEMBLY
PAPERS PRESENTED TO THE ASSEMBLY ON
02 FEBRUARY 2010
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)
S.R. 2010/21 The Rates (Social Sector Value) (Amendment) Regulations ( Northern Ireland) 2010 (DFP)
S.R. 2010/24 The Specified Animal Pathogens (Amendment) Order ( Northern Ireland) 2010 (DARD)
For Information Only:
7. Written Ministerial Statements
8. Consultation Documents
Draft Air Quality Standards Regulations ( Northern Ireland) 2010 (DOE)
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 2 FEBRUARY 2010
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 |
23.11.09 |
01.12.09 |
22.01.10 |
*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 |
30.11.09 |
08.12.09 |
22.01.10 |
*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 |
24.11.09 |
15.12.09 |
*Housing (Amendment) Bill NIA Bill 7/08 |
09.06.09 |
23.06.09 |
1.12.09 |
19.11.09 |
|
|
|
|
*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 |
02.02.10 |
|
|
|
*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 |
23.11.09 |
01.12.09 |
|
/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 |
6.01.10 |
26.01.10 |
|
|
|
/Pensions Regulator Tribunal (Transfer of Functions) Bill NIA Bill 4/09 |
30.11.09 |
08.12.09 |
N/A |
N/A |
12.01.10 |
18.01.10 |
19.01.10 |
|
Wildlife and Natural Environment Bill NIA Bill 5/09 |
30.11.09 |
12.01.10 |
23.02.10 |
|
|
|
|
|
Roads (Miscellaneous Provisions) Bill NIA Bill 6/09 |
18.01.10 |
26.01.10 |
09.03.10 |
|
|
|
|
|
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 |
|
|
|
|
|
|
|