Northern Ireland Assembly Flax Flower Logo

No. 64-09/10

MINUTE OF PROCEEDINGS

MONDAY 14 JUNE 2010

The Assembly met at NOON, THE sPEAKER IN THE cHAIR

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Speaker’s Business

The Speaker informed Members that he had received a letter from the Right Honourable Jeffrey Donaldson resigning as a Member of the Assembly with effect from midnight on Thursday 10 June 2010.

The Speaker informed Members that Mr Paul Givan had been returned as a Member of the Assembly for the Lagan Valley constituency to fill the vacancy that resulted from the resignation of the Right Honourable Jeffrey Donaldson.

Mr Paul Givan had signed the Roll of Members today in the presence of the Speaker and the Clerk/Director General. The Speaker confirmed that Mr Paul Givan had signed the Roll and had entered his designation of identity.

3. Executive Committee Business

3.1 Motion - Suspension of Standing Orders

Proposed:

That Standing Orders 10(2) to 10(4) be suspended for 14 June 2010.

Minister of Finance and Personnel

The Question being put, the Motion was carried with cross-community support nemine contradicente.

3.2 Motion - Supply Resolution for the Northern Ireland Main Estimates 2010-11

Proposed:

That this Assembly approves that a sum, not exceeding £7,019,163,000, be granted out of the Consolidated Fund, for or towards defraying the charges for Northern Ireland Departments, the Northern Ireland Assembly Commission, the Assembly Ombudsman for Northern Ireland and Northern Ireland Commissioner for Complaints, the Food Standards Agency, the Northern Ireland Audit Office and the Northern Ireland Authority for Utility Regulation for the year ending 31 March 2011 and that resources, not exceeding £7,569,483,000, be authorised for use by Northern Ireland Departments, the Northern Ireland Assembly Commission, the Assembly Ombudsman for Northern Ireland and Northern Ireland Commissioner for Complaints, the Food Standards Agency, the Northern Ireland Audit Office and the Northern Ireland Authority for Utility Regulation for the year ending 31 March 2011 as summarised for each Department or other public body in Columns 3 (b) and 3 (a) of Table 1.3 in the volume of the Northern Ireland Estimates 2010-11 that was laid before the Assembly on 7 June 2010.

Minister of Finance and Personnel

Debate ensued on this Motion and the Motion on ‘Supply Resolution for the 2008-2009 Excess Votes’.

The Deputy Speaker (Mr Molloy) took the Chair.

The debate was suspended for Question Time.

4. Question Time

4.1 Environment

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

4.2 Finance and Personnel

Questions were put to, and answered by, the Minister of Finance and Personnel, Mr Sammy Wilson.

5. Executive Committee Business (Cont’d)

5.1 Motion - Supply Resolution for the Northern Ireland Main Estimates 2010-11 (Cont’d)

Debate resumed on this Motion and the Motion on ‘Supply Resolution for the 2008-2009 Excess Votes’.

The Deputy Speaker (Mr McClarty) took the Chair.

The Speaker took the Chair.

The Question being put, the Motion was carried with cross-community support nemine contradicente.

5.2 Motion - Supply Resolution for the 2008-2009 Excess Votes

Proposed:

That this Assembly approves that a sum, not exceeding £16,272,049.74, be granted out of the Consolidated Fund, for or towards defraying the charges for the Department for Employment and Learning and the Department of the Environment, for the year ending 31 March 2009 as summarised for each Department in Part II of the 2008-2009 Statement of Excesses that was laid before the Assembly on 7 June 2010.

Minister of Finance and Personnel

The Question being put, the Motion was carried with cross-community support nemine contradicente.

5.3 First Stage - Budget (No. 3) Bill (NIA 26/09)

The Minister of Finance and Personnel, Mr Sammy Wilson, introduced a Bill to authorise the issue out of the Consolidated Fund of certain sums for the service of the year ending 31st March 2011; to appropriate those sums for specified purposes; to authorise the Department of Finance and Personnel to borrow on the credit of the appropriated sums; to authorise the use for the public service of certain resources (including accruing resources) for the year ending 31st March 2011; to authorise the issue out of the Consolidated Fund of excess cash sums for the service of the year ending 31st March 2009; and to repeal certain spent provisions.

Bill passed First Stage and ordered to be printed (NIA Bill 26/09).

5.4 Consideration Stage - Welfare Reform Bill (NIA 13/09)

The Minister for Social Development, Mr Alex Attwood, moved the Consideration Stage of the Welfare Reform Bill.

9 amendments were tabled to the Bill plus a notice of intention to vote against ‘Clauses 5, 9, 19, 20, Schedules 2 and 3 stand part’

Clauses

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

After debate Amendment 1 inserting a new Clause after Clause 1 was negatived (Division 1).

The question being put, it was agreed without division that Clause 2 stand part of the Bill.

After debate Amendments 2 and 3 to Clause 3 were negatived without division. The question being put, it was agreed without division that Clause 3 stand part of the Bill.

The question being put, it was agreed without division that Clause 4 stand part of the Bill.

After debate the question being put, it was agreed without division that Clause 5 stand part of the Bill.

The question being put, it was agreed without division that Clauses 6 to 8 stand part of the Bill.

After debate the question being put, it was agreed without division that Clause 9 stand part of the Bill.

The question being put, it was agreed without division that Clauses 10 to 18 stand part of the Bill.

After debate the question being put, it was agreed without division that Clause 19 stand part of the Bill.

After debate the question being put, it was agreed without division that Clause 20 stand part of the Bill.

The question being put, it was agreed without division that Clauses 21 and 22 stand part of the Bill.

After debate Amendment 4 inserting a new Clause after Clause 22 was negatived without division.

As Amendment 4 was negatived, Amendment 5 inserting a new Clause after Clause 22 was not called.

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

After debate Amendments 6 and 7 to Clause 24 were negatived without division. The question being put, it was agreed without division that Clause 24 stand part of the Bill.

The question being put, it was agreed without division that Clauses 25 and 26 stand part of the Bill.

After debate Amendment 8 to Clause 27 was negatived without division. The question being put, it was agreed without division that Clause 27 stand part of the Bill.

The question being put, it was agreed without division that Clauses 28 to 37 stand part of the Bill.

Schedules

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

After debate the question being put, it was agreed without division that Schedule 2 stand part of the Bill.

After debate the question being put, it was agreed without division that Schedule 3 stand part of the Bill.

As the opposition to Clause 9 was negatived, Amendment 9 was not called.

The question being put, it was agreed without division that Schedule 4 stand part of the Bill.

Long Title

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

Bill (NIA 13/09) passed Consideration Stage and stood referred to the Speaker.

6. Committee Business

6.1 Motion - Extension of Committee Stage: Caravans Bill (NIA Bill 17/09)

Proposed:

That, in accordance with Standing Order 33(4), the period referred to in Standing Order 33(2) be extended to 17 December 2010, in relation to the Committee Stage of the Caravans Bill (NIA Bill 17/09).

Chairperson, Committee for Social Development

Debate ensued.

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

6.2 Motion - Extension of Committee Stage: Licensing and Registration of Clubs (Amendment) Bill (NIA Bill 19/09)

Proposed:

That, in accordance with Standing Order 33(4), the period referred to in Standing Order 33(2) be extended to 17 December 2010, in relation to the Committee Stage of the Licensing and Registration of Clubs (Amendment) Bill (NIA Bill 19/09).

Chairperson, Committee for Social Development

Debate ensued.

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

6.3 Motion - Extension of Committee Stage: Dogs (Amendment) Bill (NIA Bill 20/09)

Proposed:

That, in accordance with Standing Order 33(4), the period referred to in Standing Order 33(2) be extended to 29 November 2010, in relation to the Committee Stage of the Dogs (Amendment) Bill (NIA Bill 20/09).

Chairperson, Committee for Agriculture and Rural Development

Debate ensued.

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

6.4 Motion - The Executive's Priority Measures to Deal with the Economic Downturn

The following motion stood on the Order Paper in the name of the Chairperson for the Committee for the Office of the First Minister and deputy First Minister.

Proposed:

That this Assembly takes note of the Written Ministerial Statement, 'The Executive's Priority Measures to Deal with the Economic Downturn.'

The Motion was not moved.

7. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 8.51pm.

Mr William Hay
The Speaker
14 June 2010

Northern Ireland Assembly

14 June 2010
Divisions

Division No. 1

Consideration Stage: Welfare Reform Bill (NIA 13/09) – Amendment 1

New Clause

After clause 1 insert -

‘Children affected by Welfare Reform

1A. -(1) It is the general duty of the Department to take such action as the Department considers appropriate to promote the well-being of children who may be affected by this Act.

(2) Further to the general duty imposed by subsection (1) the Department must have regard to this Act’s impact on any child so far as relating to the following aspects of a child’s well-being -

(a) physical and mental health and emotional well-being;

(b) protection from harm and neglect;

(c) education, training and recreation;

(d) access to appropriate and affordable childcare (where required).’

Mr M Brady
Mr F McCann

The Question was put and the Assembly divided.

Ayes: 25
Noes: 47

Ayes

Mr Adams, Ms Anderson, Mr Boylan, Mr Brady, Mr Butler, Mr W Clarke, Dr Farry, Ms Gildernew, Mr G Kelly, Mr Leonard , Ms Lo, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McElduff, Mrs McGill, Mr M McGuinness, Mr McKay, Mr McLaughlin, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Ms S Ramsey, Mr B Wilson.

Tellers for the Ayes: Mr Brady and Mr F McCann.

Noes

Mr Armstrong, Mr Attwood, Mr Beggs, Mr Bell, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Bresland, Lord Browne, Mr Buchanan, Mr Burns, Mr T Clarke, Mr Cree, Mr Dallat, Rt Hon N Dodds, Mr Easton, Mr Elliott, Sir Reg Empey, Mrs Foster, Mr Gallagher, Mr Givan , Mr Hamilton, Mr Hilditch, Mr Irwin, Mrs D Kelly, Mr Kinahan, Mr A Maginness, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McDevitt, Dr McDonnell, Mr McGimpsey, Mr McGlone, Miss McIlveen, Mr Moutray, Mr Newton, Mr Poots, Mr P Ramsey, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Storey, Mr Weir, Mr Wells, Mr S Wilson.

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

Amendment 1 fell.

Welfare Reform Bill
Marshalled List of Amendments
Consideration Stage
Monday 14 June 2010

Amendments tabled up to 9.30am Thursday, 10 June 2010

The Bill will be considered in the following order-

[Clauses, Schedules and Long Title]

Amendment 1

New Clause

After clause 1 insert -

‘Children affected by Welfare Reform

1A. -(1) It is the general duty of the Department to take such action as the Department considers appropriate to promote the well-being of children who may be affected by this Act.

(2) Further to the general duty imposed by subsection (1) the Department must have regard to this Act’s impact on any child so far as relating to the following aspects of a child’s well-being -

(a) physical and mental health and emotional well-being;

(b) protection from harm and neglect;

(c) education, training and recreation;

(d) access to appropriate and affordable childcare (where required).’

Mr Mickey Brady
Mr Fra McCann

Amendment 2

Clause 3 , Page 10, Line 33

Leave out ‘under the age of one’ and insert ‘under the age of five’

Mr Mickey Brady
Mr Fra McCann

Amendment 3

Clause 3 , Page 11, Line 4

Leave out ‘under the age of one’ and insert ‘under the age of five’

Mr Mickey Brady
Mr Fra McCann

Clause 5

The Members listed below give notice of their intention to oppose the question that clause 5 stand part of the Bill.

Mr Mickey Brady
Mr Fra McCann

Clause 9

The Members listed below give notice of their intention to oppose the question that clause 9 stand part of the Bill.

Mr Mickey Brady

Mr Fra McCann

Clause 19

 

The Members listed below give notice of their intention to oppose the question that clause 19 stand part of the Bill.

Mr Mickey Brady
Mr Fra McCann

Clause 20

The Members listed below give notice of their intention to oppose the question that clause 20 stand part of the Bill.

Mr Mickey Brady
Mr Fra McCann

Amendment 4

New Clause

After clause 22 insert -

‘Pilot schemes in Northern Ireland

22A. -(1)Article 31 of the Jobseekers Order (pilot schemes) applies to the first regulations made under Article 19A of the Jobseekers Order (as inserted by section 1 of this Act).

(2) In Article 31 of the Jobseekers Order (pilot schemes) -

(a) in paragraph (1), for “Any” substitute “The”, and

(b) in paragraph (1), for the words from “may” substitute “must”.’

Mr Mickey Brady
Mr Fra McCann

Amendment 5

New Clause

After clause 22 insert -

‘Duty to report on a pilot scheme in Northern Ireland

22B. -(1) The Department must prepare and publish a report on the pilot scheme, referred to under section 22A.

(2) The report must consider -

(a) the social and economic impact on those persons affected by the pilot scheme within Northern Ireland; and

(b) the lessons learnt under the operation of the scheme.

(3) The report, under subsection (2) must make recommendations to the Assembly as to the further implementation of the Act following the evaluation of the pilot schemes.’

Mr Mickey Brady
Mr Fra McCann

Amendment 6

Clause 24 , Page 32, Line 9

At end insert -

‘(c) the person’s responsibility for a child under the age of 16 who is -

(i) in receipt of any rate or component of a disability living allowance; or

(ii) was in receipt of a disability living allowance and has made and is pursuing an appeal against a decision that he is no longer entitled to a disability living allowance, and that appeal has not yet been determined.”.’

Mr Mickey Brady
Mr Fra McCann

Amendment 7

Clause 24 , Page 32, Line 20

At end insert -

‘(c) the person’s responsibility for a child under the age of 16 who is -

(i) in receipt of any rate or component of a disability living allowance; or

(ii) was in receipt of a disability living allowance and has made and is pursuing an appeal against a decision that he is no longer entitled to a disability living allowance, and that appeal has not yet been determined.”.’

Mr Mickey Brady
Mr Fra McCann

Amendment 8

Clause 27 , Page 36, Line 7

After ‘prescribed period’ insert ‘of not less than 21 days’

Mr Mickey Brady
Mr Fra McCann

Schedule 2

The Members listed below give notice of their intention to oppose the question that Schedule 2 stand part of the Bill.

Mr Mickey Brady
Mr Fra McCann

Schedule 3

The Members listed below give notice of their intention to oppose the question that Schedule 3 stand part of the Bill.

Mr Mickey Brady
Mr Fra McCann

Amendment 9

Schedule 4 , Page 62, Line 19

Leave out from line 19, page 62 to end of line 22, page 67.

Mr Mickey Brady
Mr Fra McCann

Northern Ireland Assembly

Papers Presented to the Assembly on
9 - 14 June 2010

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

Safeguarding Board Bill (NIA Bill 25/09)

Budget (No. 3) Bill (NIA Bill 26/09)

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

5. Assembly Reports

First Thematic Report NIA 65/09/10R (Public Accounts Committee)

Seventeenth Report of the Examiner of Statutory Rules NIA 64/09/10R

6. Statutory Rules

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

S.R. 2010/195 The Census Order ( Northern Ireland) 2010 (OFMDFM)

S.R. 2010/201 The Travelling Expenses and Remission of Charges (Amendment) Regulations ( Northern Ireland) 2010 (DHSSPS)

S.R. 2010/212 The Personal Accounts Delivery Authority Winding Up (Consequential Provisions) Order ( Northern Ireland) 2010 (DSD)

For Information Only:

S.R. 2010/202 The Prohibition of Traffic (Drumbeg, Craigavon) Order ( Northern Ireland) 2010 (DRD)

7. Written Ministerial Statements

8. Consultation Documents

The Future of Bus Operator Licensing in Northern Ireland (DOE)

9. Departmental Publications

Measuring the Performance of NI Water - Report by the Comptroller and Auditor General (NIAO)

10. Agency Publications

Northern Ireland Environment Agency Business Plan 2010-2011 (DOE)

11. Westminster Publications

12. Miscellaneous Publications

Civil Service Commissioners for Northern Ireland Annual Report 2008/2009