No. 28-10/11

Minute of Proceedings
Wednesday 15 December 2010

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

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Speaker’s Business

The Deputy Speaker informed Members that the Minister for Social Development, Mr Alex Attwood, would not be delivering his scheduled statement until the New Year.

3. Executive Committee Business

3.1 Statement - Visit to Brussels

The deputy First Minister, Mr Martin McGuinness, made a statement to the Assembly regarding the recent Visit to Brussels, following which he replied to questions.

3.2 Statement - British-Irish Council Summit Meeting

The First Minister, Rt Hon Peter Robinson, made a statement to the Assembly regarding the British-Irish Council Summit meeting, held on 13 December 2010 in the Isle of Man, following which he replied to questions.

The Speaker took the Chair.

3.3 Statement - Draft Budget 2011 - 15

The Minister of Finance and Personnel, Mr Sammy Wilson, made a statement to the Assembly on the Draft Budget 2011 – 15, following which he replied to questions.

The Deputy Speaker (Mr Molloy) took the Chair.

4. Speaker’s Business

4.1 Royal Assent

The Deputy Speaker informed Members that Royal Assent had been signified on 15 December 2010 to the Debt Relief Act ( Northern Ireland) 2010 and the Unsolicited Services (Trade and Business Directories) Act ( Northern Ireland) 2010.

5. Executive Committee Business (Cont’d)

5.1 Legislative Consent Motion - Savings Accounts and Health in Pregnancy Grant Bill

Proposed:

That this Assembly agrees that the provisions in the Savings Accounts and Health in Pregnancy Grant Bill (consequential on the proposed repeal of the Saving Gateway Accounts Act 2009) dealing with the supply of information by the Department for Social Development and the classification of Saving Gateway accounts as an excepted matter under Schedule 2 to the Northern Ireland Act 1998, should be considered by the UK Parliament.

Minister for Social Development

Debate ensued.

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

5.2 Consideration Stage - Waste and Contaminated Land (Amendment) Bill (NIA Bill 10/09)

The Minister of the Environment, Mr Edwin Poots, moved the Consideration Stage of the Waste and Contaminated Land (Amendment) Bill.

Seven 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.

The question being put, it was agreed without division that Clauses 2 to 4 stand part of the Bill.

After debate, Amendments 2, 3 and 4 to Clause 5 were made without division.

The question being put, it was agreed without division that Clause 5, as amended, stand part of the Bill.

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

After debate, Amendment 5, inserting a new clause after Clause 6, was, by leave, withdrawn.

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

After debate, Amendment 6 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 14 stand part of the Bill.

Schedules

After debate, Amendment 7 to Schedule 1 was made without division.

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

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

Long Title

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

Bill (NIA 10/09) passed Consideration Stage and stood referred to the Speaker.

6. Private Members’ Business

6.1 Second Stage - Apartment Developments’ Management Reform Bill (NIA Bill 4/10)

The Second Stage of the Apartment Developments’ Management Reform Bill (NIA Bill 4/10) stood on the Order Paper in the name of Mr Kieran McCarthy.

The Second Stage was not moved.

The Deputy Speaker (Mr Dallat) took the Chair.

6.2 Second Stage - Hunting Bill (NIA Bill 5/10)

Mr Brian Wilson moved the Second Stage of the Hunting Bill (NIA Bill 5/10).

Debate ensued.

Lord Morrow proposed, under Standing Order 25, that “the question be now decided”.

The question for closure of debate was agreed without division.

The question being put, the Second Stage of the Bill was not agreed, without division. NIA Bill 5/10 fell.

The Deputy Speaker (Mr Molloy) took the Chair.

7. Adjournment

Mr John Dallat spoke to his topic on the future of the former Shackleton army base site at Ballykelly.

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 5.40pm.

Mr William Hay
The Speaker

15 December 2010

Waste and Contaminated Land (Amendment) Bill

Marshalled List of Amendments

Consideration Stage

Wednesday 15 December 2010

Amendments tabled up to 9.30am Friday, 10 December 2010

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1

Clause 1 , Page 2, Line 19

Leave out ‘£200’ and insert ‘£400’

Minister of the Environment

Amendment 2

Clause 5 , Page 6, Line 37

Leave out ‘(but not regulations under Article 5 (7))’

Minister of the Environment

Amendment 3

Clause 5 , Page 6, Line 41

Leave out ‘(but not regulations under Article 5(7))’

Minister of the Environment

Amendment 4

Clause 5 , Page 6, Line 41

At end insert -

‘( ) In Article 5A of the 1997 Order (fixed penalty notices for certain offences under Article 5(8)) -

(a) in paragraph (1) for “the Department” (where it first occurs) substitute “an authorised officer of an enforcing authority” and for “to the Department” substitute “to the enforcing authority”;

(b) in paragraph (2) for “Department” substitute “authorised officer” and at the end add “to the enforcing authority”;

(c) in paragraph (9) for “the Department” substitute “an enforcing authority”;

(d) in paragraph (11) for “The Department may” substitute “An enforcing authority may” and for “by the Department” substitute “by the enforcing authority”;

(e) for paragraph (13) substitute -

“(12A) Article 22C (use of fixed penalty receipts by a district council) applies in relation to amounts received by a council under this Article as it applies in relation to amounts received under Article 22A.

(13) In this Article -

“authorised officer” means an officer of the enforcing authority who is authorised in writing by the enforcing authority for the purposes of this Article;

“enforcing authority” means -

(a) the Department; and

(b) in relation to an offence committed within its district, a district council.”.’

Minister of the Environment

Amendment 5

New Clause

After clause 6 insert -

‘Quality of waste to be recycled

6A. After Article 26 of the 1997 Order insert -

“Quality of waste to be recycled

26A. The Department may by regulations provide that in carrying out their duties under Article 20, district councils must meet such requirements as may be prescribed, in relation to the nature and quality of waste which is to be recycled.”’

Mr Danny Kinahan

Amendment 6

Clause 8 , Page 8, Line 38

At end insert -

‘( ) After paragraph (1) insert -

“(1A) Article 127(2)(b) of the Planning (Northern Ireland) Order 1991 (power to prescribe fees for appeals to the planning appeals commission under that Order) shall apply to appeals under this Article as it applies to appeals under that Order; and a notice of appeal to the planning appeals commission under this Article shall be accompanied by such fee (if any) as may be prescribed under Article 127(2)(b) of that Order.”.’

Minister of the Environment

Amendment 7

Schedule 1 , Page 11, Line 7

At end insert -

‘4. In Article 82 -

(a) in paragraph (1) at the beginning insert “Except as provided by paragraph (1A),”; and

(b) after paragraph (1) insert -

“(1A) No order shall be made under Article 4A(10), 5A(10), 22B(5) or 42B(10) unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.”.’

Minister of the Environment

Northern Ireland Assembly

Papers Presented to the Assembly on
15 December 2010

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

Damages (Asbestos-related Conditions) Bill (As Introduced) NIA Bill 10/10

Safeguarding Board Bill (As Amended at Consideration Stage) NIA Bill 25/09

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

Draft Budget 2011-15 ( Northern Ireland Executive)

Northern Ireland Fishery Harbour Authority - Annual Report and Accounts for year ended 31 March 2010 (DARD)

Report Land Law ( Northern Ireland Law Commission)

Insolvency Service - Annual Report and Account for the year ended 31 March 2009 (DETI)

5. Assembly Reports

6. Statutory Rules

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

S.R. 2010/418 The Less Favoured Area Compensatory Allowances (No.2) Regulations ( Northern Ireland) 2010 (DARD)

7. Written Ministerial Statements

8. Consultation Documents

9. Departmental Publications

Research Briefing - School Governors: The Guardians of our Schools (NISRA/DE)

Agriculture Marketing Scheme 2009/2010 Report on British Wool Marketing Board (DARD)

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 (Comm. Stage): Detailed investigation by a Committee which concludes with the publication of a report for consideration by the Assembly.
Consideration Stage (CS): 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 (FCS): 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 15 DECEMBER 2010

Session 2010-2011
Executive Bills

Session 2010-2011
Non-Executive Bills

* Bill carried over from 2009-2010 by the Assembly as Royal Assent had not been achieved.
/ Bill progressing by accelerated passage