No. 37-10/11
Minute of Proceedings
Monday 14 February 2011
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
The Minister for Regional Development, Mr Conor Murphy, made a statement, under Standing Order 24, in relation to the aircraft crash at Cork Airport. Party representatives were also called to speak on the matter.
3. Speaker’s Business
3.1 The Speaker made some remarks in relation to Members’ attendance in the Chamber, and specifically during Question Time.
3.2 Royal Assent
The Speaker informed Members that Royal Assent had been signified on 10 February 2011 to the Construction Contracts (Amendment) Act (Northern Ireland) 2011; the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011; the Energy Act (Northern Ireland) 2011; the Safeguarding Board Act (Northern Ireland) 2011; and the Allowances to Members of the Assembly (Repeal) Act (Northern Ireland) 2011.
4. Assembly Business
4.1 Motion - Suspension of Standing Orders
Proposed:
That Standing Orders 10(2) to 10(4) be suspended for 14 February 2011.
Minister of Finance and Personnel
The Question being put, the Motion was carried with cross-community support nemine contradicente.
5. Executive Committee Business
5.1 Statement - Public Expenditure 2010 - 11 February Monitoring Round
The Deputy Speaker (Mr McClarty) took the Chair.
The Minister of Finance and Personnel, Mr Sammy Wilson, made a statement to the Assembly regarding the Public Expenditure 2010 - 11 February Monitoring Round, following which he replied to questions.
5.2 Further Consideration Stage - Licensing and Registration of Clubs (Amendment) Bill (NIA 19/09)
The Minister for Social Development, Mr Alex Attwood, moved the Further Consideration Stage of the Licensing and Registration of Clubs (Amendment)Bill (NIA Bill 19/09).
Clauses
After debate, Amendment 1 to Clause 8 wasnot moved.
After debate, Amendment 2 to Clause 8 was made without division.
After debate, Amendment 3 to Clause 8 wasnot moved.
After debate, Amendment 4 to Clause 8 was made without division.
After debate, Amendment 5 to Clause 8 wasnot moved.
After debate, Amendment 6 to Clause 8 was made without division.
The debate was suspended for Question Time.
The Deputy Speaker (Mr Dallat) took the Chair.
6. Question Time
6.1 Finance and Personnel
Questions were put to, and answered by, the Minister of Finance and Personnel, Mr Sammy Wilson.
6.2 Health, Social Services and Public Safety
Questions were put to, and answered by, the Minister of Health, Social Services and Public Safety, Mr Michael McGimpsey.
The Deputy Speaker (Mr McClarty) took the Chair.
7. Executive Committee Business (Cont’d)
7.1 Further Consideration Stage - Licensing and Registration of Clubs (Amendment) Bill (NIA 19/09) (Cont’d)
After debate, Amendment 7, inserting new Clause 9A after Clause 9, was made without division.
After debate, Amendment 8, inserting new Clause 9B after Clause 9, was made without division.
After debate, Amendment 9, inserting new Clause 11A after Clause 11, wasnot moved.
After debate, Amendment 10, inserting new Clause 11A after Clause 11, was made (Division 1).
After debate, Amendment 11, inserting new Clause 11B after Clause 11, wasnot moved.
Schedules
After debate, Amendment 12 to Schedule 2 was made without division.
After debate, Amendment 13 to Schedule 3 was made without division.
Bill NIA 19/09 passed Further Consideration Stage and stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.
The Deputy Speaker (Mr Dallat) took the Chair.
7.2 Further Consideration Stage - Welfare of Animals Bill (NIA Bill 28/09)
The Minister of Agriculture and Rural Development, Ms Michelle Gildernew, moved the Further Consideration Stage of the Welfare of Animals Bill (NIA Bill 28/09).
Eight amendments were tabled to the Bill.
The Speaker took the Chair.
Clauses
After debate, Amendment 1 to Clause 6 was negatived (Division 2).
After debate, Amendment 2 to Clause 6 wasnot moved.
After debate, Amendment 3 to Clause 6 was negatived (Division 3).
After debate, Amendment 4 to Clause 6 was negatived (Division 4).
As Amendment 1 was not made, Amendment 5 was not called.
As Amendment 2 was not moved and Amendment 3 was not made, Amendment 6 was not called.
After debate, Amendment 7 to Clause 59 was negatived (Division 5).
As Amendment 7 was not made, Amendment 8 was not called.
Bill NIA 28/09 passed Further Consideration Stage and stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.
7.3 Final Stage - Transport Bill (NIA Bill 29/09)
The Minister for Regional Development, Mr Conor Murphy, moved that the Final Stage of the Transport Bill (NIA Bill 29/09) do now pass.
Debate ensued.
NIA Bill 29/09 passed Final Stage.
7.4 Motion - Supply Resolution for the 2010-2011 Spring Supplementary Estimates
Proposed:
That this Assembly approves that a total sum, not exceeding £15,345,417,000, 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, the Northern Ireland Authority for Utility Regulation and the Public Prosecution Service for Northern Ireland for the year ending 31 March 2011 and that total resources, not exceeding £16,233,236,000, 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, the Northern Ireland Authority for Utility Regulation and the Public Prosecution Service for Northern Ireland for the year ending 31 March 2011 as summarised for each Department or other public body in Columns 3(c) and 2(c) of Table 1 in the volume of the Northern Ireland Spring Supplementary Estimates 2010-11 that was laid before the Assembly on 7 February 2011.
Minister of Finance and Personnel
The Deputy Speaker (Mr McClarty) took the Chair.
Debate ensued on this Motion, the Motion on the ‘Supply Resolution for the 2011-2012 Vote on Account’ and an Amendment to the Motion on the ‘Supply Resolution for the 2011-2012 Vote on Account’.
The Speaker took the Chair.
The Question being put, the Motion was carried with cross-community support nemine contradicente.
7.5 Motion - Supply Resolution for the 2011-2012 Vote on Account
Proposed:
That this Assembly approves that a sum, not exceeding £6,654,663,000, be granted out of the Consolidated Fund on account 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, the Northern Ireland Authority for Utility Regulation and the Public Prosecution Service for Northern Ireland for the year ending 31 March 2012 and that resources, not exceeding £7,336,432,000, be authorised, on account, 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, the Northern Ireland Authority for Utility Regulation and the Public Prosecution Service for Northern Ireland for the year ending 31 March 2012 as summarised for each Department or other public body in Columns 4 and 6 of Table 1 in the Vote on Account 2011-12 document that was laid before the Assembly on 7 February 2011.
Minister of Finance and Personnel
7.6 Amendment
Proposed:
At end insert:
‘; subject to a reduction in requests for resources for the following Departments:
£0.7 million Department of Culture, Arts and Leisure
£0.5 million Department of Finance and Personnel
£0.7 million Department of the Environment
£7.0 million Department of Justice
£3.8 million Department for Regional Development
£9.4 million Office of the First Minister and deputy First Minister
; and requests the Minister of Finance and Personnel to consider the allocation of the resultant reductions to the Department of Education for the promotion of community relations, to the Department of Enterprise, Trade and Investment for tourism development, to the Department of Health, Social Services and Public Safety for frontline health and social care services, to the Department for Employment and Learning for student finance and to the Department for Social Development for tackling poverty; and calls on the Minister to consider the identification of further financial resources for these purposes prior to the publication of the Main Estimates 2011-12 and the related Budget Bill.’
Ms M Ritchie
Mr D O’Loan
The Question being put, the Amendment fell (Division 6).
The Question being put, the Motion was carried with cross-community support nemine contradicente.
7.7 First Stage - Budget Bill (NIA Bill 11/10)
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 years ending 31st March 2011 and 2012; 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 for the years ending 31st March 2011 and 2012; and to revise the limits on the use of certain accruing resources in the year ending 31st March 2011.
Bill passed First Stage and ordered to be printed.
8. Committee Business
8.1 Motion - Extension of Committee Stage: Damages (Asbestos-related Conditions) Bill (NIA Bill 10/10)
Proposed:
That, in accordance with Standing Order 33(4), the period referred to in Standing Order 33(2) be extended to 23 March 2011, in relation to the Committee Stage of the Damages (Asbestos-related Conditions) Bill (NIA Bill 10/10).
Chairperson, Committee for Finance and Personnel
Debate ensued.
The Deputy Speaker (Mr Molloy) took the Chair.
The Question being put, the Motion was negatived (Division 7).
8.2 Motion - Inquiry into Barriers to the Development of Renewable Energy Production and its Associated Contribution to the Northern Ireland Economy
Proposed:
That this Assembly approves the Report of the Committee for Enterprise, Trade and Investment on its Inquiry into Barriers to the Development of Renewable Energy Production and its Associated Contribution to the Northern Ireland Economy; and calls on the Minister of Enterprise, Trade and Investment, in conjunction with her Executive colleagues and relevant bodies, to implement, as applicable, the recommendations contained therein.
Chairperson, Committee for Enterprise, Trade and Investment
Debate ensued.
The Question being put, the Motion was carried without division.
9. Adjournment
Proposed:
That the Assembly do now adjourn.
The Speaker
The Assembly adjourned at 1.00am.
Mr William Hay
The Speaker
14 February 2011
Northern Ireland Assembly
14 February 2011
Divisions
Division No. 1
Further Consideration Stage: Licensing and Registration of Clubs (Amendment) Bill (NIA Bill 19/09) - Amendment 10
Proposed:
New Clause
After clause 11 insert -
‘Young persons prohibited from bars
11A. -(1) Article 32 of the Registration of Clubs Order (young persons prohibited from bars) is amended as follows.
(2) In paragraph (13) for “9” in each of the three places where it occurs substitute “10”.’
Mrs M Bradley
Mr T Gallagher
The Question was put and the Assembly divided.
Ayes: 50
Noes: 28
Ayes
Ms M Anderson, Mr Armstrong, Mr Beggs, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Butler, Mr Callaghan, Mr W Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Dallat, Mr Doherty, Mr Elliott, Dr Farry, Mr Gallagher, Mr Gardiner, Mrs D Kelly, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr A Maginness, Mr P Maskey, Mr McCallister, Mr F McCann, Mr McCartney, Mr McDevitt, Mr McElduff, Mr McFarland, Mrs McGill, Mr McGlone, Mr McKay, Mr McLaughlin, Mr Molloy, Mr Neeson, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Ms Purvis, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Mr K Robinson, Mr Savage, Mr Sheehan, Mr B Wilson.
Tellers for the Ayes: Mr Brady and Mr Gallagher.
Noes
Mr S Anderson, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Craig, Mr Easton, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Humphrey, Mr Irwin, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr G Robinson, Mr Ross, Mr Storey, Mr Weir, Mr Wells, Mr S Wilson.
Tellers for the Noes: Mr Bresland and Mr Hamilton.
The following Members voted in both Lobbies and are therefore not counted in the result:
Mr Attwood, Mr Ford, Ms Gildernew, Mr G Kelly, Mr Kennedy, Mr McCausland, Mr Murphy, Mr Poots.
The Amendment was made.
Northern Ireland Assembly
14 February 2011
Divisions
Division No. 2
Further Consideration Stage: Welfare of Animals Bill (NIA 28/09) - Amendment 1
Proposed:
Clause 6, Page 4, Line 20
At end insert -
‘or;
(c) for the purposes of showing a dog.’
Mr P Weir
Miss M McIlveen
Mr T Clarke
The Question was put and the Assembly divided.
Ayes: 32
Noes: 53
Ayes
Mr S Anderson, Mr Armstrong, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Rev Dr Robert Coulter, Mr Craig, Mr Easton, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Kennedy, Mr Kinahan, Mr B McCrea, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Newton, Mr Poots, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Storey, Mr Weir, Mr S Wilson.
Tellers for the Ayes: Mr T Clarke and Mr I McCrea.
Noes
Ms M Anderson, Mr Attwood, Mr Beggs, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr Butler, Mr Callaghan, Mr W Clarke, Mr Cobain, Mr Cree, Mr Doherty, Mr Elliott, Dr Farry, Mr Ford, Mr Gallagher, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Lunn, Mr Lyttle, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr McCallister, Mr F McCann, Mr McCartney, Mr McClarty, Mr McDevitt, Dr McDonnell, Mr McElduff, Mr McFarland, Mrs McGill, Mr McGlone, Mr M McGuinness, Mr McKay, Mr McLaughlin, Mr Molloy, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Ms Purvis, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane, Mr Sheehan, Mr B Wilson.
Tellers for the Noes: Mr Boylan and Mr Brady.
The Amendment was negatived.
Northern Ireland Assembly
14 February 2011
Divisions
Division No. 3
Further Consideration Stage: Welfare of Animals Bill (NIA 28/09) - Amendment 3
Proposed:
Clause 6, Page 5, Line 5
Leave out subsections (12), (13) and (14)
Mr P Weir
Miss M McIlveen
Mr T Clarke
The Question was put and the Assembly divided.
Ayes: 31
Noes: 55
Ayes
Mr S Anderson, Mr Armstrong, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Rev Dr Robert Coulter, Mr Craig, Mr Easton, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Kennedy, Mr Kinahan, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Newton, Mr Poots, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Storey, Mr Weir, Mr S Wilson.
Tellers for the Ayes: Mr T Clarke and Mr I McCrea.
Noes
Ms M Anderson, Mr Attwood, Mr Beggs, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr Butler, Mr Callaghan, Mr W Clarke, Mr Cobain, Mr Cree, Mr Doherty, Mr Elliott, Dr Farry, Mr Ford, Mr Gallagher, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr McCallister, Mr F McCann, Mr McCartney, Mr McClarty, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McElduff, Mr McFarland, Mrs McGill, Mr McGlone, Mr M McGuinness, Mr McKay, Mr McLaughlin, Mr Molloy, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Ms Purvis, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane, Mr Sheehan, Mr B Wilson.
Tellers for the Noes: Mr Boylan and Mr W Clarke.
The Amendment was negatived.
Northern Ireland Assembly
14 February 2011
Divisions
Division No. 4
Further Consideration Stage: Welfare of Animals Bill (NIA 28/09) - Amendment 4
Proposed:
Clause 6, Page 5, Line 13
Leave out subsection (14) and insert -
‘(14) It is a defence for a person accused of an offence under subsection (12) to show that—
(a) that person reasonably believed—
(i) that the event was not one for which that person paid a fee or to which members of the public were admitted on payment of a fee;
(ii) that the removal took place before the coming into operation of this section;
(iii) that the dog was one in relation to which subsection (13) applies; or
(b) the dog’s tail was removed in the circumstances described in subsection (3)(a) or (b).’
Mr R Beggs
The Question was put and the Assembly divided.
Ayes: 36
Noes: 51
Ayes
Mr S Anderson, Mr Armstrong, Mr Beggs, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Craig, Mr Cree, Mr Easton, Mr Elliott, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Kennedy, Mr Kinahan, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Newton, Mr Poots, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr S Wilson.
Tellers for the Ayes: Mr Beggs and Mr Kinahan.
Noes
Ms M Anderson, Mr Attwood, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr Butler, Mr Callaghan, Mr W Clarke, Mr Doherty, Dr Farry, Mr Ford, Mr Gallagher, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr McCallister, Mr F McCann, Mr McCartney, Mr McClarty, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McElduff, Mr McFarland, Mrs McGill, Mr McGlone, Mr M McGuinness, Mr McKay, Mr McLaughlin, Mr Molloy, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Ms Purvis, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane, Mr Sheehan, Mr B Wilson.
Tellers for the Noes: Mr Boylan and Mr Brady.
The Amendment was negatived.
Northern Ireland Assembly
14 February 2011
Divisions
Division No. 5
Further Consideration Stage: Welfare of Animals Bill (NIA 28/09) - Amendment 7
Proposed:
Clause 59, Page 33, Line 10
Leave out ‘section 56,’ and insert ‘sections 6, 56,’
Mr P Weir
Miss M McIlveen
Mr T Clarke
The Question was put and the Assembly divided.
Ayes: 34
Noes: 53
Ayes
Mr S Anderson, Mr Armstrong, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Craig, Mr Cree, Mr Easton, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Kennedy, Mr Kinahan, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Newton, Mr Poots, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr S Wilson.
Tellers for the Ayes: Mr T Clarke and Mr Givan.
Noes
Ms M Anderson, Mr Attwood, Mr Beggs, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr Butler, Mr Callaghan, Mr W Clarke, Mr Doherty, Mr Elliott, Dr Farry, Mr Ford, Mr Gallagher, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr McCallister, Mr F McCann, Mr McCartney, Mr McClarty, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McElduff, Mr McFarland, Mrs McGill, Mr McGlone, Mr M McGuinness, Mr McKay, Mr McLaughlin, Mr Molloy, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Ms Purvis, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane, Mr Sheehan, Mr B Wilson.
Tellers for the Noes: Mr Boylan and Mr Brady.
The Amendment was negatived.
Northern Ireland Assembly
14 February 2011
Divisions
Division No. 6
Supply Resolution for the 2011-2012 Vote on Account - Amendment
Proposed:
That this Assembly approves that a total sum, not exceeding £15,345,417,000, 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, the Northern Ireland Authority for Utility Regulation and the Public Prosecution Service for Northern Ireland for the year ending 31 March 2011 and that total resources, not exceeding £16,233,236,000, 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, the Northern Ireland Authority for Utility Regulation and the Public Prosecution Service for Northern Ireland for the year ending 31 March 2011 as summarised for each Department or other public body in Columns 3(c) and 2(c) of Table 1 in the volume of the Northern Ireland Spring Supplementary Estimates 2010-11 that was laid before the Assembly on 7 February 2011.
Minister of Finance and Personnel
At end insert:
‘; subject to a reduction in requests for resources for the following Departments:
£0.7 million Department of Culture, Arts and Leisure
£0.5 million Department of Finance and Personnel
£0.7 million Department of the Environment
£7.0 million Department of Justice
£3.8 million Department for Regional Development
£9.4 million Office of the First Minister and deputy First Minister
; and requests the Minister of Finance and Personnel to consider the allocation of the resultant reductions to the Department of Education for the promotion of community relations, to the Department of Enterprise, Trade and Investment for tourism development, to the Department of Health, Social Services and Public Safety for frontline health and social care services, to the Department for Employment and Learning for student finance and to the Department for Social Development for tackling poverty; and calls on the Minister to consider the identification of further financial resources for these purposes prior to the publication of the Main Estimates 2011-12 and the related Budget Bill.’
Ms M Ritchie
Mr D O’Loan
The Question was put and the Assembly divided.
Ayes: 15
Noes: 65
Ayes
Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Burns, Mr Callaghan, Mr Dallat, Mr Gallagher, Mrs D Kelly, Mr A Maginness, Mr McDevitt, Dr McDonnell, Mr McGlone, Mr O’Loan, Mr P Ramsey, Ms Ritchie.
Tellers for the Ayes: Mr Callaghan and Mr McDevitt.
Noes
Ms M Anderson, Mr S Anderson, Mr Beggs, Mr Bell, Mr Boylan, Mr Brady, Mr Bresland, Lord Browne, Mr Buchanan, Mr Butler, Mr T Clarke, Mr W Clarke, Mr Cobain, Mr Craig, Mr Cree, Mr Easton, Dr Farry, Mr Ford, Mrs Foster, Mr Frew, Mr Gibson, Ms Gildernew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr A Maskey, Mr P Maskey, Mr McCallister, Mr F McCann, Mr McCartney, Mr I McCrea, Mr McElduff, Mrs McGill, Miss McIlveen, Mr McKay, Mr McLaughlin, Mr McQuillan, Mr Molloy, Lord Morrow, Mr Moutray, Mr Murphy, Mr Newton, Ms Ní Chuilín, Mr O’Dowd, Mr Poots, Ms S Ramsey, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr B Wilson, Mr S Wilson.
Tellers for the Noes: Mr Bresland and Mr Frew.
The Amendment was negatived.
Northern Ireland Assembly
14 February 2011
Divisions
Division No. 7
Extension of Committee Stage: Damages (Asbestos-related Conditions) Bill (NIA Bill 10/10) - Motion
Proposed:
That, in accordance with Standing Order 33(4), the period referred to in Standing Order 33(2) be extended to 23 March 2011, in relation to the Committee Stage of the Damages (Asbestos-related Conditions) Bill (NIA Bill 10/10).
Chairperson, Committee for Finance and Personnel
The Question was put and the Assembly divided.
Ayes: 36
Noes: 40
Ayes
Ms M Anderson, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr Brady, Mr Burns, Mr Butler, Mr Callaghan, Mr W Clarke, Mr Dallat, Dr Farry, Mr Ford, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Lunn, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, Mr McKay, Mr McLaughlin, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane, Mr Sheehan.
Tellers for the Ayes: Dr Farry and Mr McKay.
Noes
Mr S Anderson, Mr Beggs, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Cobain, Mr Craig, Mr Cree, Mr Easton, Mrs Foster, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kinahan, Mr McCallister, Mr B McCrea, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Ms Purvis, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr B Wilson, Mr S Wilson.
Tellers for the Noes: Mr Craig and Ms Purvis.
The Motion was negatived.
Licensing and Registration of Clubs
(Amendment) Bill
Marshalled List of Amendments
Further Consideration Stage
Monday 14 February 2011
Amendments tabled up to 9.30am Thursday, 10 February 2011
The Bill will be considered in the following order-
Clauses, Schedules and Long Title
Amendment 1
Clause 8 , Page 16, Line 43
Leave out ‘3 years’ and insert ‘12 months’
Mr Fra McCann
Mr Mickey Brady
Amendment 2
Clause 8 , Page 16, Line 43
Leave out ‘3’ and insert ‘two’
Mrs Mary Bradley
Mr Tommy Gallagher
Amendment 3
Clause 8 , Page 17, Line 7
Leave out ‘3 years’ and insert ‘12 months’
Mr Fra McCann
Mr Mickey Brady
Amendment 4
Clause 8 , Page 17, Line 7
Leave out ‘3’ and insert ‘two’
Mrs Mary Bradley
Mr Tommy Gallagher
Amendment 5
Clause 8 , Page 17, Line 24
Leave out ‘3 years’ and insert ‘12 months’
Mr Fra McCann
Mr Mickey Brady
Amendment 6
Clause 8 , Page 17, Line 24
Leave out ‘3’ and insert ‘two’
Mrs Mary Bradley
Mr Tommy Gallagher
Amendment 7
New Clause
After clause 9 insert -
‘Irresponsible drinks promotions
9A. After Article 31 of the Registration of Clubs Order insert -
“Irresponsible drinks promotions
31A. -(1) Regulations may prohibit or restrict a registered club from carrying on an irresponsible drinks promotion on or in connection with the premises of the club.
(2) A drinks promotion is irresponsible if it -
(a) relates specifically to any intoxicating liquor likely to appeal largely to persons under the age of 18,
(b) involves the supply of any intoxicating liquor free of charge or at a reduced price on the purchase of one or more drinks (whether or not intoxicating liquor),
(c) involves the supply free of charge or at a reduced price of one or more extra measures of intoxicating liquor on the purchase of one or more measures of the liquor,
(d) involves the supply of unlimited amounts of intoxicating liquor for a fixed charge (including any charge for entry to the premises),
(e) encourages, or seeks to encourage, a person to obtain or consume a larger measure of intoxicating liquor than the person had otherwise intended to obtain or consume,
(f) is based on the strength of any intoxicating liquor,
(g) rewards or encourages, or seeks to reward or encourage, consuming intoxicating liquor quickly, or
(h) offers intoxicating liquor as a reward or prize, unless the liquor is in a sealed container and consumed off the premises.
(3) Regulations may modify paragraph (2) so as to -
(a) add further descriptions of drinks promotions,
(b) modify any of the descriptions of drinks promotions for the time being listed in it, or
(c) extend or restrict the application of any of those descriptions of drinks promotions.
(4) If any provision of regulations under this Article is contravened -
(a) the registered club,
(b) every official of the club at the time of the contravention, and
(c) any other person permitting the contravention,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) Regulations shall not be made under this Article unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
(6) In this Article “drinks promotion” means, in relation to the premises of a registered club, any activity which promotes, or seeks to promote, the obtaining or consumption of any intoxicating liquor on the premises.”.’
Minister for Social Development
Amendment 8
New Clause
After clause 9 insert -
‘Pricing of intoxicating liquor
9B. After Article 31A of the Registration of Clubs Order (inserted by section (Irresponsible drinks promotions)) insert -
“Pricing of intoxicating liquor
31B. -(1) Regulations may prohibit or restrict a registered club from varying the price at which intoxicating liquor is supplied on the premises of the club during such period or hours as are specified in the regulations.
(2) If any provision of regulations under this Article is contravened -
(a) the registered club,
(b) every official of the club at the time of the contravention, and
(c) any other person permitting the contravention,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) Regulations shall not be made under this Article unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.”.’
Minister for Social Development
Amendment 9
New Clause
After clause 11 insert -
‘Young persons prohibited from bars
11A. -(1) Article 32 of the Registration of Clubs Order (young persons prohibited from bars) is amended as follows.
(2) In paragraph (13) for “9” in each of the three places where it occurs substitute “11”.’
Mr Fra McCann
Mr Mickey Brady
Amendment 10
New Clause
After clause 11 insert -
‘Young persons prohibited from bars
11A. -(1) Article 32 of the Registration of Clubs Order (young persons prohibited from bars) is amended as follows.
(2) In paragraph (13) for “9” in each of the three places where it occurs substitute “10”.’
Mrs Mary Bradley
Mr Tommy Gallagher
Amendment 11
New Clause
After clause 11 insert -
‘Restrictions on advertisements relating to functions in registered clubs
11B. In Article 38 of the Registration of Clubs Order (restrictions on advertisements relating to functions in registered clubs) after paragraph (2)(a) insert -
“(aa) the publication of an advertisement displaying the following statement, “FOR MEMBERS ONLY”; or” ’
Mr Fra McCann
Mr Mickey Brady
Amendment 12
Schedule 2 , Page 25, Line 25
At end insert -
‘31A(4) |
Contravention of regulations as to irresponsible drinks promotions |
5-6 |
31B(2) |
Contravention of regulations as to pricing of intoxicating liquor |
5-6’ |
Minister for Social Development
Amendment 13
Schedule 3 , Page 26, Line 24
At end insert -
‘ . In Article 2(2) (interpretation) in the definition of “regulations” after “subject” insert “(except as otherwise provided in this Order)”. ’
Minister for Social Development
Welfare of Animals Bill
Marshalled List of Amendments
Further Consideration Stage
Monday 14 February 2011
Amendments tabled up to 9.30am Thursday, 10 February 2011
The Bill will be considered in the following order-
Clauses, Schedules and Long Title
Amendment 1
Clause 6 , Page 4, Line 20
At end insert -
‘or;
(c) for the purposes of showing a dog.’
Mr Peter Weir
Ms Michelle McIlveen
Mr Trevor Clarke
Amendment 2
Clause 6 , Page 5, Line 5
Leave out subsections (12) to (18)
Mr Peter Weir
Ms Michelle McIlveen
Mr Trevor Clarke
Amendment 3
Clause 6 , Page 5, Line 5
Leave out subsections (12), (13) and (14)
Mr Peter Weir
Ms Michelle McIlveen
Mr Trevor Clarke
Amendment 4
Clause 6 , Page 5, Line 13
Leave out subsection (14) and insert -
‘(14) It is a defence for a person accused of an offence under subsection (12) to show that—
(a) that person reasonably believed—
(i) that the event was not one for which that person paid a fee or to which members of the public were admitted on payment of a fee;
(ii) that the removal took place before the coming into operation of this section;
(iii) that the dog was one in relation to which subsection (13) applies; or
(b) the dog’s tail was removed in the circumstances described in subsection (3)(a) or (b).’
Mr Roy Beggs
Amendment 5
New Clause
After clause 6 insert -
‘Regulations specifying breeds of dog
6A. The Department may by regulation specify breeds of dog bred for the purposes of showing to which section 6(1) and (2) do not apply.’
Mr Peter Weir
Ms Michelle McIlveen
Mr Trevor Clarke
Amendment 6
Clause 31 , Page 19, Line 14
Leave out ‘and (12),’
Mr Peter Weir
Ms Michelle McIlveen
Mr Trevor Clarke
Amendment 7
Clause 59 , Page 33, Line 10
Leave out ‘section 56,’ and insert ‘sections 6, 56,’
Mr Peter Weir
Ms Michelle McIlveen
Mr Trevor Clarke
Amendment 8
Clause 59 , Page 33, Line 11
At end insert -
‘(2) Section 6 shall not come into operation until two years after Royal Assent.’
Mr Peter Weir
Ms Michelle McIlveen
Mr Trevor Clarke
Northern Ireland Assembly
Papers Presented to the Assembly from
9 to 14 February 2011
1. Acts of the Northern Ireland Assembly
2. Bills of the Northern Ireland Assembly Sunbeds Bill (As Amended at Consideration Stage) NIA Bill 18/09
Wildlife and Natural Environment Bill (As Amended at Further Consideration Stage) NIA Bill 5/09
Assembly Members (Independent Financial Review and Standards) Bill (As Amended at Consideration Stage) NIA Bill 3/10
3. Orders in Council
4. Publications Laid in the Northern Ireland Assembly Loughs Agency Annual Report and Accounts 2007 (DARD)
5. Assembly Reports
Report on the Clean Neighbourhoods and Environment Bill (NIA 08/10/11R) (Committee for the Environment)
Report on the Justice Bill (NIA 41/10/11R) (Committee for Justice)
Report on the Autism Bill (NIA 43/10/11R) (Committee for Health, Social Services and Public Safety)
Tenth Report of the Examiner of Statutory Rules (NIA 42/10/11R)
6. Statutory Rules
(The Department identified after each rule is for reference purposes only)
S.R. 2011/23 The Motor Vehicles (Electronic Communication of Certificates of Insurance) Order (Northern Ireland) 2011 (DOE)
S.R. 2011/24 The Motor Vehicles (Third-Party Risks) (Amendment) Regulations (Northern Ireland) 2011 (DOE)
For Information Only:
S.R. 2011/16(C.3) Rates (Amendment) (2009 Act) (Commencement No.2) Order (Northern Ireland) 2011 (DFP)
S.R. 2011/30 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2011 (DEL)
7. Written Ministerial Statements
Spatial Planning: Joint Consultation on a Draft Spatial Strategies on the Island of Ireland – Framework for Collaboration Document.
8. Consultation Documents
Implementation of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 - Consultation on Licensing of Operators and Enforcement (DOE)
9. Departmental Publications
Equality Commission for Northern Ireland Final Report of Commission Investigation under Paragraph 10 of Schedule 9 of the Northern Ireland Act 1998 (Equality Commission for Northern Ireland)
10. Agency Publications
11. Westminster Publications
12. Miscellaneous Publications
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