Northern Ireland Assembly Flax Flower Logo

No. 39-09/10

MINUTE OF PROCEEDINGS

MONDAY 1 MARCH 2010

The Assembly met at noon, the Speaker in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Matters of the Day

Mr Mark Durkan made a statement, under Standing Order 24, in relation to the murder of Mr Kieran Doherty. Party representatives were also called to speak on the matter.

3. Executive Committee Business

3.1 Statement - Public Expenditure 2009-10 February Monitoring Round

The Minister of Finance and Personnel, Mr Sammy Wilson, made a statement to the Assembly regarding the Public Expenditure 2009-10 February Monitoring Round, following which he replied to questions.

The Deputy Speaker (Mr Dallat) took the Chair.

3.2 Further Consideration Stage - Housing (Amendment) Bill (NIA 7/08)

The Minister for Social Development, Ms Margaret Ritchie, moved the Further Consideration Stage of the Housing (Amendment) Bill.

1 amendment was tabled to the Bill.

Clauses

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

Bill (NIA 7/08) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

3.3 Further Consideration Stage - Budget Bill (NIA 8/09)

The Minister of Finance and Personnel, Mr Sammy Wilson, moved the Further Consideration Stage of the Budget Bill.

No amendments were tabled to the Bill.

Bill NIA 8/09 stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

3.4 Motion - Land Registry (Fees) Order (Northern Ireland) 2010

Proposed:

That the Land Registry (Fees) Order (Northern Ireland) 2010 be affirmed.

Minister of Finance and Personnel

Debate ensued.

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

4. Private Members’ Business

4.1 Motion - Proposals for a Bill of Rights

Proposed:

That this Assembly expresses concern that the British Government’s proposals for a Bill of Rights ignores the advice from both the Bill of Rights Forum and the Human Rights Commission that social and economic protections must be central to any Bill of Rights; and further calls for the introduction of a robust, enforceable Bill of Rights that will provide rights-based protection for all our people.

Ms M Anderson
Mr B McElduff
Mr F Molloy
Mr A Maskey

4.2 Amendment

Proposed:

Insert after the fourth ‘Rights;’:

‘calls on the British Government to expand the current consultation on a Bill of Rights to include consultation on the full range of recommendations of the Human Rights Commission;’

Mr A Maginness
Ms D Kelly
Mr A Attwood

Debate ensued.

The Speaker took the Chair.

The sitting was suspended for Question Time.

5. Question Time

5.1 Office of the First Minister and deputy First Minister

Questions were put to, and answered by, the deputy First Minister, Mr Martin McGuinness.

5.2 Environment

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

6. Private Members’ Business (Cont’d)

6.1 Motion - Proposals for a Bill of Rights (Cont’d)

Debate resumed on the motion.

The Deputy Speaker (Mr McClarty) took the Chair.

The Deputy Speaker (Mr Molloy) took the Chair.

The Amendment being put, the Amendment was made (Division 1).

The Question being put, the Motion, as amended, was negatived (Division 2).

6.2 Motion - 50/50 Recruitment Policy

Proposed:

That this Assembly notes the renewal for one final year of ‘50/50’ recruitment to the police in Northern Ireland; looks forward to the next substantial recruitment competition when, for the first time in a decade, Protestant applicants will face no barriers on the grounds of perceived religious affiliation in the process of being considered for a career in the police.

Mr G Campbell
Mr P Weir
Mr T Clarke

6.3 Amendment 1

Proposed:

Leave out all after ‘renewal’ and insert:

‘of 50/50 recruitment to the PSNI; believes that special measures are still needed to achieve a police service which is representative of the community as recommended by the Patten Report; and recommends that 50/50 recruitment should continue after the Catholic community background reaches 30% for police officers, to help bring about the “closer resemblance to that of the community as a whole” in the composition of both police officers and civilian staff respectively.’

Mr A Attwood
Mrs D Kelly
Mr A Maginness
Mr J Dallat

6.4 Amendment 2

Proposed:

Leave out all after ‘when’ and insert:

‘all applicants, irrespective of their actual or perceived background, can be eligible for recruitment solely on merit.’

Dr S Farry
Mrs N Long

Debate ensued.

Amendment No. 1 being put, the Amendment fell (Division 3).

Amendment No. 2 being put, the Amendment was made (Division 4).

The Question being put, the Motion, as amended, was carried (Division 5).

7. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 7.01pm.

Mr William Hay
The Speaker
1 March 2010

Northern Ireland Assembly

1 March 2010
Divisions

Division No. 1

Proposals for a Bill of Rights – Amendment

Proposed:

Insert after the fourth ‘Rights;’:

‘calls on the British Government to expand the current consultation on a Bill of Rights to include consultation on the full range of recommendations of the Human Rights Commission;’

Ms M Anderson
Mr B McElduff
Mr F Molloy
Mr A Maskey

The Question was put and the Assembly divided.

Ayes: 46
Noes: 42

Ayes

Mr Adams, Ms Anderson, Mr Attwood, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr Butler, Mr W Clarke, Mr Doherty, Mr Durkan, Dr Farry, Mr Ford, Mr Gallagher, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Leonard , Ms Lo, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, Mr M McGuinness, Mr McHugh, Mr McKay, Mr McLaughlin, Mr Molloy, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ruane, Mr B Wilson.

Tellers for the Ayes: Mr A Maginness and Ms S Ramsey.

Noes

Mr Armstrong, Mr Beggs, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Rev Dr Robert Coulter, Mr Craig, Mr Cree, Mr Dodds, Mr Easton, Mrs Foster, Mr Gardiner, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr Kinahan, Mr McCallister, Mr B McCrea, Mr I McCrea, Dr W McCrea, Mr McFarland, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Newton, Mr Paisley Jnr, Rt Hon Dr Ian Paisley, Mr Poots, Mr G Robinson, Mr K Robinson, Rt Hon P Robinson, Mr Ross, Mr Shannon, Mr Simpson, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr S Wilson.

Tellers for the Noes: Mr Shannon and Mr Weir.

The Amendment was made.

Northern Ireland Assembly

1 March 2010
Divisions

Division No. 2

Proposals for a Bill of Rights - Motion as amended

Proposed:

That this Assembly expresses concern that the British Government’s proposals for a Bill of Rights ignores the advice from both the Bill of Rights Forum and the Human Rights Commission that social and economic protections must be central to any Bill of Rights; and further calls for the introduction of a robust, enforceable Bill of Rights that will provide rights-based protection for all our people.

Ms M Anderson
Mr B McElduff
Mr F Molloy
Mr A Maskey

Insert after the fourth ‘Rights;’:

‘calls on the British Government to expand the current consultation on a Bill of Rights to include consultation on the full range of recommendations of the Human Rights Commission;’

Mr A Maginness
Ms D Kelly
Mr A Attwood

The Question was put and the Assembly divided.

Ayes: 42
Noes: 46

Ayes

Mr Adams, Ms Anderson, Mr Attwood, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr Butler, Mr W Clarke, Mr Doherty, Mr Durkan, Mr Gallagher, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Leonard, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, Mr M McGuinness, Mr McHugh, Mr McKay, Mr McLaughlin, Mr Molloy, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane.

Tellers for the Ayes: Mr McDevitt and Ms S Ramsey.

Noes

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

Tellers for the Noes: Mr Shannon and Mr Weir.

The motion, as amended, was negatived.

Northern Ireland Assembly

1 March 2010
Divisions

Division No. 3

50/50 Recruitment Policy - Amendment No. 1

Proposed:

Leave out all after ‘renewal’ and insert:

‘of 50/50 recruitment to the PSNI; believes that special measures are still needed to achieve a police service which is representative of the community as recommended by the Patten Report; and recommends that 50/50 recruitment should continue after the Catholic community background reaches 30% for police officers, to help bring about the “closer resemblance to that of the community as a whole” in the composition of both police officers and civilian staff respectively.’

Mr A Attwood
Mrs D Kelly
Mr A Maginness
Mr J Dallat

The Question was put and the Assembly divided.

Ayes: 37
Noes: 46

Ayes

Ms Anderson, Mr Attwood, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr Butler, Mr W Clarke, Mr Dallat, Mr Durkan, Mr Gallagher, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Leonard, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, MrM McGuinness, Mr McKay, Mr McLaughlin, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane.

Tellers for the Ayes: Mr P J Bradley and Mrs M Bradley.

Noes

Mr Beggs, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Craig, Mr Cree, Mr Dodds, Mr Easton, Dr Farry, Mr Ford, Mrs Foster, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr McCallister, Mr McCarthy, Mr McCausland, Mr B McCrea, Mr I McCrea, Dr W McCrea, Mr McFarland, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Paisley Jnr, Rt Hon Dr Ian Paisley, Mr Poots, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Shannon, Mr Simpson, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr B Wilson, Mr S Wilson.

Tellers for the Noes: Mr Bell and Mr T Clarke.

The Amendment fell.

Northern Ireland Assembly

1 March 2010
Divisions

Division No. 4

50/50 Recruitment Policy - Amendment No. 2

Proposed:

Leave out all after ‘when’ and insert:

‘all applicants, irrespective of their actual or perceived background, can be eligible for recruitment solely on merit.’

Dr S Farry
Mrs N Long

The Question was put and the Assembly divided.

Ayes: 46
Noes: 37

Ayes

Mr Beggs, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Craig, Mr Cree, Mr Dodds, Mr Easton, Dr Farry, Mr Ford, Mrs Foster, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr McCallister, Mr McCarthy, Mr McCausland, Mr B McCrea, Mr I McCrea, Dr W McCrea, Mr McFarland, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Paisley Jnr, Rt Hon Dr Ian Paisley, Mr Poots, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Shannon, Mr Simpson, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr B Wilson, Mr S Wilson.

Tellers for the Ayes: Mr McCarthy and Mr B Wilson.

Noes

Ms Anderson, Mr Attwood, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr Butler, Mr W Clarke, Mr Dallat, Mr Durkan, Mr Gallagher, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Leonard, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, Mr M McGuinness, Mr McKay, Mr McLaughlin, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane.

Tellers for the Noes: Mr P J Bradley and Mr Burns.

The Amendmentwas made.

Northern Ireland Assembly

1 March 2010
Divisions

Division No. 5

50/50 Recruitment Policy - Motion as amended

Proposed:

That this Assembly notes the renewal for one final year of ‘50/50’ recruitment to the police in Northern Ireland; looks forward to the next substantial recruitment competition when, for the first time in a decade, Protestant applicants will face no barriers on the grounds of perceived religious affiliation in the process of being considered for a career in the police.

Mr G Campbell
Mr P Weir
Mr T Clarke

Leave out all after ‘when’ and insert:

‘all applicants, irrespective of their actual or perceived background, can be eligible for recruitment solely on merit.’

Dr S Farry
Mrs N Long

The Question was put and the Assembly divided.

Ayes: 46
Noes: 37

Ayes

Mr Beggs, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Craig, Mr Cree, Mr Dodds, Mr Easton, Dr Farry, Mr Ford, Mrs Foster, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr McCallister, Mr McCarthy, Mr McCausland, Mr B McCrea, Mr I McCrea, Dr W McCrea, Mr McFarland, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Paisley Jnr, Rt Hon Dr Ian Paisley, Mr Poots, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Shannon, Mr Simpson, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr B Wilson, Mr S Wilson.

Tellers for the Ayes: Mr Bell and Mr T Clarke.

Noes

Ms Anderson, Mr Attwood, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr Butler, Mr W Clarke, Mr Dallat, Mr Durkan, Mr Gallagher, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Leonard, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, Mr M McGuinness, Mr McKay, Mr McLaughlin, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane.

Tellers for the Noes: Mr P J Bradley and Mr Burns.

The motion, as amended, was carried.

Housing (Amendment) Bill
Marshalled List of Amendments
Further Consideration Stage
Monday 1 March 2010

Amendments tabled up to 9.30am Thursday, 25 February 2010

Amendment 1

Clause 1 , Page 2, Line 2

Leave out sub-paragraph (d) and insert -

‘(d) education and library boards;’

Minister for Social Development

Northern Ireland Assembly

Papers Presented to the Assembly on
22 February - 01 March 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

The North/South Language Body Annual Report and Accounts for the year ended 31 December 2005 (DCAL)

5. Assembly Reports

Second Report on the Arrangements for the Devolution of Policing and Justice Matters NIA 42/09/10R (Assembly and Executive Review Committee)

Report on the Preschool Education Expansion Programme NIA 43/09/10R (Public Accounts Committee)

Report on the Forestry Bill NIA 29/09/10R (Committee for Agriculture and Rural Development)

6. Statutory Rules

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

For Information Only:
7. Written Ministerial Statements

Final Rathlin Island Policy (Minister for Regional Development)

8. Consultation Documents
9. Departmental Publications

Report on the British Wool Marketing Board Agricultural Marketing Scheme 2008-09 (DARD)

Rathlin Island Policy (DRD)

10. Agency Publications
11. Westminster Publications
12. Miscellaneous Publications