No. 40-10/11

Minute of Proceedings
Tuesday 22 February 2011
and
Wednesday 23 February 2011

The Assembly met at 10.30am, the Speaker in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Matters of the Day

Mr Gerry Kelly made a statement, under Standing Order 24, in relation to the Report on the bombing of McGurk’s bar. Party representatives were also called to speak on the matter.

3. Executive Committee Business

3.1 Statement - North-South Ministerial Council Transport Sectoral Meeting

The Deputy Speaker (Mr Dallat) took the Chair.

The Minister for Regional Development, Mr Conor Murphy, made a statement to the Assembly regarding the North-South Ministerial Council Transport Sectoral meeting, held on 9 February 2011, following which he replied to questions.

3.2 Statement - Southern Health and Social Care Trust Issues

The Minister of Health, Social Services and Public Safety, Mr Michael McGimpsey, made a statement to the Assembly regarding the Southern Health and Social Care Trust issues, following which he replied to questions.

3.3 Consideration Stage - Budget Bill (NIA Bill 11/10)

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

No amendments were tabled to the Bill.

Clauses

The question being put, it was agreed without division that Clauses 1 to 7 stand part of the Bill.

Schedules

The question being put, it was agreed without division that Schedules 1 to 4 stand part of the Bill.

Long Title

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

Bill (NIA 11/10) stood referred to the Speaker.

3.4 Final Stage - Licensing and Registration of Clubs (Amendment) Bill (NIA Bill 19/09)

The Minister for Social Development, Mr Alex Attwood, moved that the Final Stage of the Licensing and Registration of Clubs (Amendment) Bill (NIA Bill 19/09) do now pass.

Debate ensued.

NIA Bill 19/09 passed Final Stage.

3.5 Final Stage - Welfare of Animals Bill (NIA Bill 28/09)

The Minister of Agriculture and Rural Development, Ms Michelle Gildernew, moved that the Final Stage of the Welfare of Animals Bill (NIA Bill 28/09) do now pass.

Debate ensued.

The sitting was suspended at 1.00pm.

The sitting resumed at 2.00pm, with the Deputy Speaker (Mr McClarty) in the Chair.

4. Question Time

4.1 Agriculture and Rural Development

Questions were put to, and answered by, the Minister of Agriculture and Rural Development, Ms Michelle Gildernew.

4.2 Culture, Arts and Leisure

Questions were put to, and answered by, the Minister of Culture, Arts and Leisure, Mr Nelson McCausland.

5. Executive Committee Business (Cont’d)

5.1 Final Stage - Welfare of Animals Bill (NIA Bill 28/09) (Cont’d)

Debate resumed on the Final Stage.

NIA Bill 28/09 passed Final Stage.

5.2 Motion - Legislative Consent Motion - Education Bill

Proposed:

That this Assembly endorses the principle of the extension to Northern Ireland of provisions of the Education Bill dealing with the Office of Qualifications and Examinations Regulation and the abolition of the Young People's Learning Agency for England.

Minister for Employment and Learning

Debate ensued.

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

5.3 Consideration Stage - Justice Bill (NIA Bill 1/10)

The Minister of Justice, Mr David Ford, moved the Consideration Stage of the Justice Bill (NIA Bill 1/10).

The Deputy Speaker (Mr Molloy) took the Chair.

65 amendments were selected, plus opposition to clauses 5, 34, 41, 42, 43 and 45.

Clauses

After debate, Amendment 1 to Clause 1 was negatived (Division 1).

After debate, Amendment 2 to Clause 1 was negatived without division.

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

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

After debate, Amendment 3 to Clause 3 was negatived without division.

The question being put, it was agreed without division that Clause 3 stand part of the Bill.

After debate, Amendment 4 to Clause 4 was negatived without division.

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

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 Clause 6 stand part of the Bill.

As Amendments 1 and 2 were not made, Amendment 5 was not called.

The question being put, it was agreed without division that Clauses 7 to 15 stand part of the Bill.

After debate, Amendment 6 to Clause 16 was negatived without division.

After debate, Amendment 7 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.

The question being put, it was agreed without division that Clauses 17 to 20 stand part of the Bill.

After debate, Amendment 8 to Clause 21 was made without division.

The question being put, it was agreed without division that Clause 21, as amended, stand part of the Bill.

After debate, Amendment 9 to Clause 22 was made without division.

The question being put, it was agreed without division that Clause 22, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 23 to 33 stand part of the Bill.

The question being put, it was negatived without division that Clause 34 stand part of the Bill.

The question being put, it was agreed without division that Clause 35 stand part of the Bill.

The Speaker took the Chair.

The sitting was suspended at 7.54pm.

The sitting resumed at 10.30am on Wednesday 23 February 2011, with the Speaker in the Chair.

Debate resumed on the Consideration Stage of the Justice Bill.

The Deputy Speaker (Mr Molloy) took the Chair.

After debate, Amendments 10, 11, 12, 13, 14 and 15 to Clause 36 were made without division.

The question being put, it was agreed without division that Clause 36, as amended, stand part of the Bill.

After debate, Amendments 16 and 17 to Clause 37 were made without division.

The question being put, it was agreed without division that Clause 37, as amended, stand part of the Bill.

After debate, Amendment 18 to Clause 38 was made without division.

After debate, Amendments 19 and 20 to Clause 38 were negatived (Divisions 2 and 3).

The question being put, it was agreed without division that Clause 38, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 39 and 40 stand part of the Bill.

The question being put, it was negatived that Clause 41 stand part of the Bill (Division 4).

The question being put, it was negatived without division that Clause 42 stand part of the Bill.

The question being put, it was negatived without division that Clause 43 stand part of the Bill.

After debate, Amendments 21, 22, and 23 to Clause 44 were made without division.

The question being put, it was agreed without division that Clause 44, as amended, stand part of the Bill.

The question being put, it was negatived without division that Clause 45 stand part of the Bill.

The question being put, it was agreed without division that Clauses 46 to 48 stand part of the Bill.

After debate, Amendment 24 to Clause 49 was made without division.

After debate, Amendment 25 to Clause 49 was negatived without division.

After debate, Amendment 26 to Clause 49 was negatived (Division 5).

The question being put, it was agreed without division that Clause 49, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 50 to 59 stand part of the Bill.

The debate was suspended at 1.55pm.

The debate resumed at 2.30pm, with the Deputy Speaker (Mr McClarty) in the Chair.

After debate, Amendment 27, inserting a new clause after Clause 59, was, by leave, withdrawn.

The question being put, it was agreed without division that Clauses 60 to 81 stand part of the Bill.

After debate, Amendment 28 to Clause 82 was made without division.

The question being put, it was agreed without division that Clause 82, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 83 and 84 stand part of the Bill.

The Speaker took the Chair.

After debate, Amendment 29 to Clause 85 was made without division.

The question being put, it was agreed without division that Clause 85, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 86 to 91 stand part of the Bill.

After debate, it was agreed without division that Amendment 30 be made and that the new Clause 91A stand part of the Bill.

After debate, it was agreed without division that Amendment 31 be made and that the new Clause 91B stand part of the Bill.

After debate, it was agreed without division that Amendment 32 be made and that the new Clause 91C stand part of the Bill.

The question being put, it was agreed without division that Clauses 92 to 94 stand part of the Bill.

After debate, it was agreed without division that Amendment 33 be made and that the new Clause 94A stand part of the Bill.

After debate, Amendment 34, inserting a new Clause after Clause 94, was not moved.

After debate, Amendment 35, inserting a new Clause after Clause 94, was not moved.

After debate, Amendment 36, inserting a new Clause after Clause 94, was not moved.

The question being put, it was agreed without division that Clause 95 stand part of the Bill.

After debate Amendments 37 and 38 to Clause 96 were made without division.

The question being put, it was agreed without division that Clause 96, as amended, stand part of the Bill.

After debate Amendments 39, 40 and 41 to Clause 97 were made without division.

The question being put, it was agreed without division that Clause 97, as amended, stand part of the Bill.

After debate, it was agreed without division that Amendment 42 be made and that the new Clause 97A stand part of the Bill.

The question being put, it was agreed without division that Clauses 98 to 101 stand part of the Bill.

After debate, Amendment 43 to Clause 102 was made without division.

The question being put, it was agreed without division that Clause 102, as amended, stand part of the Bill.

After debate, Amendment 44 to Clause 103 was made without division.

The question being put, it was agreed without division that Clause 103, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 104 to 106 stand part of the Bill.

After debate, Amendment 45 to Clause 107 was made without division.

As Clause 43 was negatived, Amendment 46 was not called.

The question being put, it was agreed without division that Clause 107, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 108 stand part of the Bill.

Schedules

After debate, Amendment 47 to Schedule 1 was made without division.

After debate, Amendment 48 to Schedule 1 was negatived (Division 6).

After debate, Amendments 49, 50, 51, 52 and 53 to Schedule 1 were made without division.

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

The sitting suspended at 5.38pm.

The sitting resumed at 5.40pm, with the Speaker in the Chair.

After debate, Amendment 54 to Schedule 2 was made without division.

After debate, Amendment 55 to Schedule 2 was negatived without division.

After debate, Amendments 56, 57, 58, 59 and 60 to Schedule 2 were made without division.

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

After debate, Amendments 61 and 62 to Schedule 3 were made without division.

The question being put, it was agreed without division that Schedule 3, as amended, stand part of the Bill.

The question being put, it was agreed without division that Schedules 4 and 5 stand part of the Bill.

After debate, Amendment 63 to Schedule 6 was made without division.

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

After debate, Amendment 64 to Schedule 7 was made without division.

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

Long Title

After debate, Amendment 65 to the Long Title was made without division.

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

Bill (NIA 1/10) passed Consideration Stage and stood referred to the Speaker.

The Deputy Speaker (Mr Dallat) took the Chair.

6. Private Members’ Business

6.1 Consideration Stage - Autism Bill (NIA Bill 2/10)

Mr Dominic Bradley moved the Consideration Stage of Autism Bill (NIA Bill 2/10).

Two 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 Clause 2 stand part of the Bill.

After debate, Amendment 2 to Clause 3 was made without division.

The question being put, it was agreed without division that Clause 3, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 4 to 7 stand part of the Bill.

Long Title

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

Bill (NIA 2/10) passed Consideration Stage and stood referred to the Speaker.

7. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 6.44pm.

Mr William Hay
The Speaker
23 February 2011

Northern Ireland Assembly

22 February 2011
Divisions

Division No. 1

Consideration Stage: Justice Bill (NIA Bill 11/10) - Amendment 1

Proposed:

Clause 1, Page 2, Line 3

After ‘(“the offender levy”)’ insert ‘or by agreement of the court, impose a community service order (within the meaning given by Article 13 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24)’

Mr R McCartney
Mr J O'Dowd
Ms C Ní Chuilín

The Question was put and the Assembly divided.

Ayes: 22
Noes: 66

Ayes

Ms M Anderson, Mr Boylan, Mr Brady, Mr Butler, Mr W Clarke, Mr Doherty, Ms Gildernew, Mr G Kelly, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McCartney, Mr McElduff, Mrs McGill, Mr M McGuinness, Mr McLaughlin, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Ms S Ramsey, Mr Sheehan.

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

Noes

Mr S Anderson, Mr Armstrong, Mr Attwood, Mr Beggs, Mr Bell, Mr D Bradley, Mrs M Bradley, Mr Bresland, Lord Browne, Mr Buchanan, Mr Burns, Mr Callaghan, Mr Campbell, Mr T Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Craig, Mr Cree, Mr Dallat, Mr Easton, Mr Elliott, Lord Empey, Dr Farry, Mr Ford, Mrs Foster, Mr Frew, Mr Gallagher, Mr Gibson, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mrs D Kelly, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr A Maginness, Mr McCallister, Mr McCarthy, Mr B McCrea, Mr I McCrea, Mr McDevitt, Dr McDonnell, Mr McFarland, Mr McGlone, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Neeson, Mr O’Loan, Mr Poots, Mr P Ramsey, Ms Ritchie, Mr G Robinson, Mr K 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: Ms Lo and Mr McCarthy.

The Amendment was negatived.

Northern Ireland Assembly

23 February 2011
Divisions

Division No. 2

Consideration Stage: Justice Bill (NIA Bill 11/10) - Amendment 19

Proposed:

Clause 38, Page 26, Line 25

Leave out ‘religious belief,’

Minister of Justice

The Question was put and the Assembly divided.

Ayes: 38
Noes: 39

Ayes

Mr Attwood, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr Brady, Mr Burns, Mr Butler, Mr Callaghan, Mr Dallat, Mr Doherty, Dr Farry, Mr Ford, Mr Gallagher, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, Mr McLaughlin, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Mr Sheehan, Mr B Wilson.

Tellers for the Ayes: Ms Lo and Mr Lyttle.

Noes

Mr S Anderson, Mr Armstrong, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Cobain, Mr Craig, Mr Cree, Mr Easton, Mr Elliott, Lord Empey, Mr Frew, Mr Gibson, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Kinahan, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McFarland, Miss McIlveen, Mr McNarry, Mr McQuillan, Lord Morrow, Mr Poots, Ms Purvis, Mr G Robinson, Mr K Robinson, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir.

Tellers for the Noes: Mr Buchanan and Mr B McCrea.

The Amendment was negatived.

Northern Ireland Assembly

23 February 2011
Divisions

Division No. 3

Consideration Stage: Justice Bill (NIA Bill 11/10) - Amendment 20

Proposed:

Clause 38, Page 26, Line 26

A t end insert -

‘(3A) For the purposes of this section chanting is of a sectarian nature if it consists of or includes matter which is threatening, abusive or insulting to a person by reason of that person’s religious belief or political opinion or to an individual as a member of such a group.’

Minister of Justice

The Question was put and the Assembly divided.

Ayes: 38
Noes: 40

Ayes

Mr Attwood, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr Brady, Mr Burns, Mr Butler, Mr Callaghan, Mr Dallat, Mr Doherty, Dr Farry, Mr Ford, Mr Gallagher, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, Mr McLaughlin, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Mr Sheehan, Mr B Wilson.

Tellers for the Ayes: Ms Lo and Mr Lyttle.

Noes

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 Elliott, Lord Empey, Mr Frew, Mr Gibson, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Kinahan, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McFarland, Miss McIlveen, Mr McNarry, Mr McQuillan, Lord Morrow, Mr Poots, Ms Purvis, Mr G Robinson, Mr K Robinson, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir.

Tellers for the Noes: Mr Buchanan and Mr B McCrea.

The Amendment was negatived.

Northern Ireland Assembly

23 February 2011
Divisions

Division No. 4

Consideration Stage: Justice Bill (NIA Bill 11/10) - Clause 41 Stand Part

Minister of Justice

The Question was put and the Assembly divided.

Ayes: 16
Noes: 61

Ayes

Mr Attwood, Mr Buchanan, Mr Craig, Dr Farry, Mr Ford, Mr Frew, Mr Givan, Mr Humphrey, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCausland, Mr Poots, Mr Spratt, Mr Storey, Mr B Wilson.

Tellers for the Ayes: Ms Lo and Mr Lyttle.

Noes

Mr S Anderson, Mr Armstrong, Mr Bell, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr Brady, Mr Bresland, Lord Browne, Mr Burns, Mr Butler, Mr Callaghan, Mr Campbell, Mr T Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Cree, Mr Dallat, Mr Doherty, Mr Easton, Mr Elliott, Lord Empey, Mr Gallagher, Mr Gibson, Mr Hamilton, Mr Hilditch, Mrs D Kelly, Mr G Kelly, Mr Kinahan, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr McCallister, Mr F McCann, Mr McCartney, Mr B McCrea, Mr I McCrea, Mr McDevitt, Dr McDonnell, Mr McElduff, Mr McFarland, Mrs McGill, Mr McGlone, Miss McIlveen, Mr McLaughlin, Mr McNarry, Mr McQuillan, Lord Morrow, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Ms Purvis, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Mr G Robinson, Mr K Robinson, Mr Ross, Mr Sheehan, Mr Weir.

Tellers for the Noes: Mr O’Dowd and Mr G Robinson.

The question that Clause 41 stand part was negatived

Northern Ireland Assembly

23 February 2011
Divisions

Division No. 5

Consideration Stage: Justice Bill (NIA Bill 11/10) - Amendment 26

Proposed:

Clause 49, Page 33, Line 14

Leave out subsection (3) and insert -

‘(3) For the purposes of this section sectarian hatred is hatred against a group of persons defined by reference to religious belief or political opinion or against an individual as a member of such a group.’

Minister of Justice

The Question was put and the Assembly divided.

Ayes: 37
Noes: 41

Ayes

Mr Attwood, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr Brady, Mr Burns, Mr Butler, Mr Callaghan, Mr Dallat, Mr Doherty, Dr Farry, Mr Ford, Mr Gallagher, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, Mr McLaughlin, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Mr Sheehan, Mr B Wilson.

Tellers for the Ayes: Ms Lo and Mr Lyttle.

Noes

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 Elliott, Lord Empey, Mr Frew, Mr Gibson, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McFarland, Miss McIlveen, Mr McNarry, Mr McQuillan, Lord Morrow, Ms Purvis, Mr G Robinson, Mr K Robinson, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr S Wilson.

Tellers for the Noes: Mr Buchanan and Mr B McCrea.

The Amendment was negatived.

Northern Ireland Assembly

23 February 2011
Divisions

Division No. 6

Consideration Stage: Justice Bill (NIA Bill 11/10) - Amendment 48

Proposed:

Schedule 1, Page 66, Line 4

At end insert -

‘(2A) The joint committee shall issue to PCSPs a list of organisations appearing to the joint committee to be appropriate for designation under sub-paragraph (1).

(2B) The joint committee may revise and re-issue that list.

(2C) In making any designation under sub-paragraph (1) a PCSP must take into consideration any organisation for the time being on a list issued under sub-paragraph (2A) or (2B).’

Minister of Justice

The Question was put and the Assembly divided.

Ayes: 6
Noes: 63

Ayes

Mr Attwood, Dr Farry, Mr Ford, Ms Lo, Mr Lunn, Mr Lyttle.

Tellers for the Ayes: Ms Lo and Mr Lunn.

Noes

Ms M Anderson, Mr S Anderson, Mr Armstrong, Mr Bell, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr Brady, Mr Bresland, Lord Browne, Mr Buchanan, Mr Burns, Mr Butler, Mr Callaghan, Mr T Clarke, Mr Craig, Mr Cree, Mr Dallat, Mr Doherty, Mr Easton, Mr Elliott, Lord Empey, Mr Frew, Mr Gibson, Ms Gildernew, Mr Hamilton, Mr Humphrey, Mr Irwin, Mrs D Kelly, Mr G Kelly, Mr Kinahan, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr McCallister, Mr F McCann, Mr McCartney, Mr B McCrea, Mr I McCrea, Mr McDevitt, Dr McDonnell, Mr McElduff, Mr McFarland, Mrs McGill, Mr McGlone, Miss McIlveen, Mr McLaughlin, Mr McQuillan, Lord Morrow, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Mr G Robinson, Mr K Robinson, Mr Ross, Mr Sheehan, Mr Spratt, Mr Weir, Mr Wells.

Tellers for the Noes: Mr D Bradley and Mr Brady.

The Amendment was negatived.

Justice Bill
Marshalled List of Amendments
Consideration Stage

Tuesday 22 February 2011

and

Wednesday 23 February 2011

Amendments tabled up to 9:30am Thursday 17 February 2011

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1

Clause 1 , Page 2, Line 3

After ‘(“the offender levy”)’ insert ‘or by agreement of the court, impose a community service order (within the meaning given by Article 13 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24)’

Mr Raymond McCartney
Mr John O'Dowd
Ms Carál Ní Chuilín

Amendment 2

Clause 1 , Page 2, Line 17

After ‘nil)’ insert ‘and, impose a community service order (within the meaning given by Article 13 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24))’

Mr Raymond McCartney
Mr John O'Dowd
Ms Carál Ní Chuilín

Amendment 3

Clause 3 , Page 3, Line 24

At end insert -

‘(4) The governor of a prison or young offenders centre, or a person authorised by the governor, may make provision for a community service order to be carried out within the prison setting for the purpose of discharging a community service order.’

Mr Raymond McCartney
Mr John O'Dowd
Ms Carál Ní Chuilín

Amendment 4

Clause 4 , Page 3, Line 28

After ‘offender levy’ insert ‘or non-adherence of any community service order’

Mr Raymond McCartney
Mr John O'Dowd
Ms Carál Ní Chuilín

Clause 5

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

Mr Raymond McCartney
Mr John O'Dowd
Ms Carál Ní Chuilín

Amendment 5

New Clause

After clause 6 insert -

‘ Community Order Sentences

6A. - (1) Notwithstanding the provisions of Article 13 of the Criminal Justice (Northern Ireland) Order 1996, t he community service order sentence for the purposes of section 1 is -

(a) 10 hours of community service, where the sentence imposed on the offender is or includes -

(i) a determinate sentence of imprisonment or detention for more than 2 years (not being a suspended sentence); or

(ii) an indeterminate sentence of imprisonment or detention;

(b) 5 hours community service, where that sentence -

(i) is or includes a determinate sentence of imprisonment or detention for 2 years or less (not being a suspended sentence); and

(ii) does not include a sentence falling within paragraph (a);

(c) 4 hours community service, where that sentence -

(i) is or includes a community order or a suspended sentence of imprisonment or detention; and

(ii) does not include a sentence falling within paragraph (a) or (b);

(d) 3 hours community service, where that sentence -

(i) is or includes a fine; and

(ii) does not include a sentence falling within paragraph (a), (b) or (c).

(2) The Department may by order amend subsection (1).

(3) No order shall be made under subsection (2) unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.’

Mr Raymond McCartney
Mr John O'Dowd
Ms Carál Ní Chuilín

Amendment 6

Clause 16 , Page 11, Line 25

At end insert ‘with the agreement of the appellant.’

Mr Raymond McCartney
Mr John O'Dowd
Ms Carál Ní Chuilín

Amendment 7

Clause 16 , Page 12, Line 5

At end insert -

‘(8A) If the court proceeds with the hearing under subsection (8) it shall not remand the appellant in custody for a period exceeding 8 days commencing on the day following that on which it remands him.’

Minister of Justice

Amendment 8

Clause 21 , Page 17, Line 26

At end insert ‘to consider fully any views so obtained;’

Minister of Justice

Amendment 9

Clause 22 , Page 18, Line 21

At end insert ‘and to consider fully any views so obtained’

Minister of Justice

Clause 34

The Committee listed below give notice of their intention to oppose the question that clause 34 stand part of the Bill.

Chair, Committee for Justice

Amendment 10

Clause 36 , Page 25, Line 26

Leave out paragraph (c)

Minister of Justice

Amendment 11

Clause 36 , Page 25, Line 29

At end insert -

‘(e) in Chapter 6, to a match to which any of the paragraphs of that Schedule applies.’

Minister of Justice

Amendment 12

Clause 36 , Page 25, Line 32

Leave out from ‘two hours before’ to end of line and insert ‘one hour before the start of the match or (if earlier) one hour’

Minister of Justice

Amendment 13

Clause 36 , Page 25, Line 34

Leave out ‘one hour’ and insert ‘30 minutes’

Minister of Justice

Amendment 14

Clause 36 , Page 25, Line 38

Leave out ‘two hours’ and insert ‘one hour’

Minister of Justice

Amendment 15

Clause 36 , Page 25, Line 39

Leave out ‘one hour’ and insert ’30 minutes’

Minister of Justice

Amendment 16

Clause 37 , Page 26, Line 8

Leave out ‘anything’ and insert ‘any article to which this subsection applies’

Minister of Justice

Amendment 17

Clause 37 , Page 26, Line 13

At end insert -

‘(1A) Subsection (1) applies to any article capable of causing injury to a person struck by it.’

Minister of Justice

Amendment 18

Clause 38 , Page 26, Line 22

Leave out ‘an’ and insert ‘a sectarian or’

Minister of Justice

Amendment 19

Clause 38 , Page 26, Line 25

Leave out ‘religious belief,’

Minister of Justice

Amendment 20

Clause 38 , Page 26, Line 26

A t end insert -

‘(3A) For the purposes of this section chanting is of a sectarian nature if it consists of or includes matter which is threatening, abusive or insulting to a person by reason of that person’s religious belief or political opinion or to an individual as a member of such a group.’

Minister of Justice

Clause 41

The Committee listed below give notice of their intention to oppose the question that clause 41 stand part of the Bill.

Chair, Committee for Justice

Clause 42

The Committee listed below give notice of their intention to oppose the question that clause 42 stand part of the Bill.

Chair, Committee for Justice

Clause 43

The Committee listed below give notice of their intention to oppose the question that clause 43 stand part of the Bill.

Chair, Committee for Justice

Amendment 21

Clause 44 , Page 28, Line 32

Leave out ‘or from’

Minister of Justice

Amendment 22

Clause 44 , Page 29, Line 6

Leave out subsection (5)

Minister of Justice

Amendment 23

Clause 44 , Page 29, Line 15

L eave out paragraph (c)

Minister of Justice

Clause 45

The Minister of Justice gives notice of his intention to oppose the question that clause 45 stand part of the Bill.

Minister of Justice

Amendment 24

Clause 49 , Page 33, Line 6

After ‘up’ insert ‘sectarian hatred or’

Minister of Justice

Amendment 25

Clause 49 , Page 33, Line 8

Leave out ‘religious belief,’

Minister of Justice

Amendment 26

Clause 49 , Page 33, Line 14

Leave out subsection (3) and insert -

‘(3) For the purposes of this section sectarian hatred is hatred against a group of persons defined by reference to religious belief or political opinion or against an individual as a member of such a group.’

Minister of Justice

Amendment 27

New Clause

After clause 59 insert -

‘Sexual offences: review of indefinite notification requirements

59A. -(1) The Sexual Offences Act 2003 (c. 42) is amended as follows.

(2) In section 82 (the notification period) at the end insert -

“(7) Schedule 3A (which provides for the review and discharge of indefinite notification requirements) has effect.”.

(3) After Schedule 3 insert the following Schedule -

“Schedule 3A

Review of indefinite notification requirements

Introductory

1. - (1) This Schedule applies to a person who, on or after the date on which section (Sexual offences: review of indefinite notification requirements) of the Justice Act (Northern Ireland) 2011 comes into operation, is subject to the notification requirements for an indefinite period.

(2) A person to whom this Schedule applies is referred to in this Schedule as “an offender”.

(3) In this Schedule -

“sexual harm” means physical or psychological harm caused by an offender doing anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;

“the notification requirements” means the notification requirements of Part 2 of this Act;

“relevant event”, in relation to an offender, is a conviction, finding or notification order which made the offender subject to the notification requirements for an indefinite period.

Initial review: applications

2. - (1) Except as provided by sub-paragraph (2), an offender may, at any time after the end of the initial review period, apply to the Chief Constable to discharge the offender from the notification requirements.

(2) Sub-paragraph (1) does not apply at any time when -

(a) the offender is also subject to a sexual offences prevention order; or

(b) the offender is also subject to the notification requirements for a fixed period which has not expired.

(3) Subject to sub-paragraph (4), the initial review period is -

(a) in the case of an offender under the age of 18 at the date of the relevant event, 8 years beginning with the date of initial notification;

(b) in the case of any other offender, 15 years beginning with the date of initial notification.

(4) In calculating the initial review period -

(a) in a case where an offender is subject to the notification requirements for an indefinite period as a result of two or more relevant events, the calculation is to be made by reference to the later or latest of those events;

(b) in any case, there is to be disregarded any period during which the offender is, in connection with a relevant event -

(i) remanded in, or committed to, custody by an order of a court;

(ii) in custody serving a sentence of imprisonment or detention; or

(iii) detained in a hospital.

(5) The date of initial notification is -

(a) in the case of an offender who is subject to the notification requirements for an indefinite period by virtue of section 81, the date by which the offender was required to give notification under section 2(1) of the Sex Offenders Act 1997;

(b) in the case of any other offender, the date by which the offender is required to give notification under section 83(1) (or would be so required but for the fact that the offender falls within an exception in section 83(2) or (4)).

(6) An application under this paragraph must be in writing and must include -

(a) the name, address and date of birth of the offender;

(b) the name and address of the offender at the date of each relevant event (if different);

(c) the date of each relevant event, and (where a relevant event is a conviction or finding) the court by or before which, the conviction or finding occurred,

(d) any information which the offender wishes to be taken into account by the Chief Constable in determining the application.

(7) The Chief Constable may, before determining any application, request information from any body or person which the Chief Constable considers appropriate.

Initial review: determination of application

3. - (1 ) On an application under paragraph 2 the Chief Constable shall discharge the notification requirements unless the Chief Constable is satisfied, on the balance of probabilities, that the offender poses a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom.

(2) In deciding whether that is the case, the Chief Constable must take into account—

(a) the seriousness of the offence or offences—

(i) of which the offender was convicted,

(ii) of which the offender was found not guilty by reason of insanity,

(iii) in respect of which the offender was found to be under a disability and to have done the act charged, or

(iv) in respect of which (being relevant offences within the meaning of section 99) the notification order was made,

which made the offender subject to the notification requirements for an indefinite period;

(b) the period of time which has elapsed since the offender committed the offence or offences;

(c) whether the offender has committed any offence under section 3 of the Sex Offenders Act 1997 or under section 91 of this Act;

(d) the age of the offender at the time of the decision;

(e) the age of the offender at the time any offence referred to in paragraph (a) was committed;

(f) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the offender at the time any such offence was committed;

(g) any convictions or findings made by a court in respect of the offender for any other offence listed in Schedule 3;

(h) any caution which the offender has received for an offence which is listed in Schedule 3;

(i) whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the offender but have not concluded;

(j) any assessment of the risk posed by the offender which has been made by any of the agencies mentioned in Article 49(1) of the Criminal Justice (Northern Ireland) Order 2008 (risk assessment and management);

(k) any other information relating to the risk of sexual harm posed by the offender to the public, or any particular members of the public, in the United Kingdom;

(l) any information presented by or on behalf of the offender which demonstrates that the offender does not pose a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom; and

(m) any other matter which the Chief Constable considers to be appropriate.

(3) The functions of the Chief Constable under this paragraph may not be delegated by the Chief Constable except to a police officer not below the rank of superintendent.

Initial review: notice of decision

4. - (1) The Chief Constable must, within 12 weeks of the date on which an application under paragraph 2 is received, comply with this paragraph.

(2) If the Chief Constable discharges the notification requirements -

(a) the Chief Constable must serve notice of that fact on the offender, and

(b) the offender ceases to be subject to the notification requirements on the date of service of the notice.

(3) If the Chief Constable decides not to discharge the notification requirements -

(a) the Chief Constable must serve notice of that decision on the offender; and

(b) the notice must -

(i) state the reasons for the decision; and

(ii) inform the offender of the effect of paragraphs 5 and 6.

Initial review: application to Crown Court

5. - (1) Where -

(a) the Chief Constable fails to comply with paragraph 4 within the period specified in paragraph 4(1), or

(b) the Chief Constable serves a notice under paragraph 4(3),

the offender may apply to the Crown Court for an order discharging the offender from the notification requirements.

(2) An application under this paragraph must be made within the period of 21 days beginning -

(a) in the case of an application under sub-paragraph (1)(a), on the expiry of the period mentioned in paragraph 4(1);

(b) in the case of an application under sub-paragraph (1)(b), on the date of service of the notice under paragraph 4(3).

(3) Paragraph 3(1) and (2) applies in relation to an application under this paragraph as it applies to an application under paragraph 2, but as if references to the Chief Constable were references to the Crown Court.

(4) The Chief Constable and the offender may appear or be represented at any hearing in respect of an application under this paragraph.

(5) Where an application under this paragraph is determined, the appropriate officer of the Crown Court must send a copy of the order made by the Crown Court to the offender and the Chief Constable.

Further reviews

6. - (1) Except as provided by sub-paragraph (2), where a notice is served on an offender under paragraph 4(3) or 5(5), the offender may, at any time after the end of a further review period, apply to the Chief Constable to discharge the offender from the notification requirements.

(2) Sub-paragraph (1) does not apply at any time when -

(a) the offender is also subject to a sexual offences prevention order; or

(b) the offender is also subject to the notification requirements for a fixed period which has not expired.

(3) A further review period is the period of 5 years beginning on the date of service of a notice (or the last notice) served on the offender under paragraph 4(3) or 5(5).

(4) Paragraphs 2(6) and (7), 3, 4 and 5 apply with appropriate modifications to an application under this paragraph as they apply to an application under paragraph 2; and a reference in this Schedule to a provision of paragraph 4 or 5 includes a reference to that provision as applied by this sub-paragraph.

Discharge in Scotland

7. - (1) An offender who is, under corresponding legislation, discharged from the notification requirements by a court, person or body in Scotland is, by virtue of the discharge, also discharged from the notification requirements as they apply in Northern Ireland.

(2) In subsection (1) “corresponding legislation” means legislation which makes provision corresponding to that made by this Schedule for an offender who is subject to the notification requirements as they apply in Scotland for an indefinite period to be discharged from those notification requirements.”.’

Minister of Justice

Amendment 28

Clause 82 , Page 48, Line 18

At end insert -

‘(5A) No order may be made under subsection (5) unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.’

Minister of Justice

Amendment 29

Clause 85 , Page 49, Line 34

At end insert -

‘(4) In Article 36 (rules as to legal aid in criminal cases) for paragraph (4) substitute -

“(4) Except as provided by paragraph (5), rules under this Article are subject to negative resolution.

(5) The rules to which paragraph (6) applies shall not be made unless a draft of the rules has been laid before, and approved by a resolution of, the Assembly.

(6) This paragraph applies to the first rules under this Article which -

(a) are made after the coming into operation of section 85 of the Justice Act (Northern Ireland) 2011; and

(b) contain any provision made by virtue of Article 31, as substituted by that section.”.’

Minister of Justice

Amendment 30

New Clause

After clause 91 insert -

‘Part 8

Solicitors’ rights of audience

Authorisation of Society conferring additional rights of audience

91A. - (1) The Solicitors (Northern Ireland) Order 1976 (NI 12) is amended as follows.

(2) In Article 6 (regulations as to the education, training, etc. of persons seeking admission or having been admitted as solicitors) after paragraph (1) insert -

“(1A) The Society shall make regulations with respect to the education, training or experience to be undergone by solicitors seeking authorisation under Article 9A.”.

(3) After Article 9 insert -

“Authorisation of Society conferring additional rights of audience

9A. - (1) A person who is qualified to act as a solicitor may apply to the Society for an authorisation under this Article.

(2) An application under paragraph (1) -

(a) shall be made in such manner as may be prescribed;

(b) shall be accompanied by such information as the Society may reasonably require for the purpose of determining the application; and

(c) shall be accompanied by such fee (if any) as may be prescribed.

(3) At any time after receiving the application and before determining it the Society may require the applicant to provide it with further information.

(4) The Society shall grant an authorisation under this Article if it appears to the Society, from the information furnished by the applicant and any other information it may have, that the applicant has complied with the requirements applicable to him by virtue of regulations under Article 6(1A).

(5) An authorisation granted to a person under this Article ceases to have effect if, and for so long as, that person is not qualified to act as a solicitor.

(6) The Society may by regulations provide that any person who has completed such education, training or experience as may be prescribed, before such date as may be prescribed shall be taken to hold an authorisation granted under this Article.”.

(4) In Article 10 (practising certificates and register of practising solicitors) after paragraph (2C) insert -

“(2D) Every entry in the register shall include details of any authorisation granted under Article 9A to the solicitor to whom the entry relates.”.’

Minister of Justice

Amendment 31

New Clause

After clause 91 insert -

‘Rights of audience of solicitors

91B. - (1) In section 106 of the Judicature (Northern Ireland) Act 1978 (c. 23) (rights of audience in the High Court and Court of Appeal) after subsection (3) insert -

“(3A) A solicitor who holds an authorisation under Article 9A of the Solicitors (Northern Ireland) Order 1976 shall have the same right of audience in any proceedings in the High Court or Court of Appeal as counsel in those courts and any such right is in addition to any right of audience which a solicitor would have apart from this subsection.”.

(2) After Article 40 of the Solicitors (Northern Ireland) Order 1976 (NI 12) insert -

“Duty to advise client as to representation in court

40A. - (1) Paragraph (2) applies where -

(a) it appears to a solicitor that a client requires, or is likely to require, legal representation in any proceedings in the High Court or the Court of Appeal;

(b) either -

(i) that solicitor is minded to arrange for another solicitor who is an authorised solicitor to provide that representation; or

(ii) that solicitor is an authorised solicitor and is minded to provide that representation; and

(c) in representing that client in the High Court or Court of Appeal, a solicitor would need to exercise the right of audience conferred by section 106(3A) of the Judicature (Northern Ireland) Act 1978.

(2) The solicitor must advise the client in writing -

(a) of the advantages and disadvantages of representation by an authorised solicitor and by counsel, respectively; and

(b) that the decision as to whether an authorised solicitor or counsel is to represent the client is entirely that of the client.

(3) The Society shall make regulations with respect to the giving of advice under paragraph (2).

(4) A solicitor shall -

(a) in advising a client under paragraph (2), act in the best interest of the client; and

(b) give effect to any decision of the client referred to in paragraph (2)(b).

(5) For the purposes of this Article compliance with paragraph (2) in relation to any proceedings in a court in any cause or matter is to be taken to be compliance with that paragraph in relation to any other proceedings in that court in the same cause or matter.

(6) If a solicitor contravenes this Article, any person may make a complaint in respect of the contravention to the Tribunal.

(7) In this Article and Article 40B “authorised solicitor” means a solicitor who holds an authorisation under Article 9A.

Duty to inform court as to compliance with Article 40A(2)

40B. - (1) Where -

(a) a solicitor has complied with Article 40A(2) in relation to the representation of a client in any proceedings in the High Court or Court of Appeal;

(b) that client is to be represented in those proceedings by an authorised solicitor; and

(c) in representing that client in those proceedings the authorised solicitor would need to exercise the right of audience conferred by section 106(3A) of the Judicature (Northern Ireland) Act 1978,

the solicitor shall inform the High Court or (as the case may be) the Court of Appeal of the fact mentioned in sub-paragraph (a) in such manner and before such time as rules of court may require.

(2) For the purposes of this Article compliance with paragraph (1) in relation to any proceedings in a court in any cause or matter is to be taken to be compliance with that paragraph in relation to any other proceedings in that court in the same cause or matter.

(3) If a solicitor contravenes paragraph (1), any person may make a complaint in respect of the contravention to the Tribunal.”.

(3) In Article 50 of the County Courts (Northern Ireland) Order 1980 (NI 3) (rights of audience) in paragraph (1)(c) omit the words “, but not a solicitor retained as an advocate by a solicitor so acting”.’

Minister of Justice

Amendment 32

New Clause

After clause 91 insert -

‘Consequential and supplementary provisions

91C. -(1) In Article 75 (regulations) of the Solicitors ( Northern Ireland) Order 1976 (NI 12) after paragraph (2) insert -

“(2A) Regulations under Article 6(1A), 9A(6) or 40A(3) also require the concurrence of the Department of Justice, given after consultation with the Attorney General.

(2B) The Department of Justice shall not grant its concurrence to any regulations under Article 6(1A) or 9A(6) unless regulations have been made under Article 40A(3) and are in operation.”.

(2) The Department may by order make such amendments to -

(a) the Criminal Appeal ( Northern Ireland) Act 1980 (c. 47),

(b) the Legal Aid, Advice and Assistance ( Northern Ireland) Order 1981 (NI 8),

(c) the Access to Justice ( Northern Ireland) Order 2003 (NI 10),

(d) section 184 of the Extradition Act 2003 (c. 41),

as appear to the Department to be necessary or expedient in consequence of, or for giving full effect to, the provisions of this Part.’

Minister of Justice

Amendment 33

New Clause

After clause 94 insert -

‘Power of Department to make payments in relation to prevention of crime, etc.

94A. -(1) The Department may, with the consent of the Department of Finance and Personnel, make such payments to such persons as the Department considers appropriate in connection with measures intended to -

(a) prevent crime or reduce the fear of crime; or

(b) support the recovery of criminal assets and proceeds of crime.

(2) A payment under subsection (1) may be made on such conditions as the Department may, with the consent of the Department of Finance and Personnel, determine.’

Minister of Justice

Amendment 34

New Clause

After clause 94 insert -

‘Variation of firearms certificate

94B. -(1) Article 11 of the Firearms (Northern Ireland) Order 2004 shall be amended as follows.

(2) For paragraph (3) substitute -

“(3) If a person—

(a) sells a shotgun or other firearm (“the first shotgun or firearm”) to the holder of a firearms dealer's certificate (“the dealer”); and

(b) as part of the same transaction purchases a shotgun or other firearm (“the second shotgun or firearm”) of the same calibre or type from him,

the dealer may vary that person’s firearm certificate by substituting the second shotgun or firearm for the first shotgun or firearm.”

(3) No firearm may be sold or purchased under Article 11 of the Firearms (Northern Ireland) Order 2004 that is a prohibited firearm set out under Article 45 of the Firearms (Northern Ireland) Order 2004 (Weapons subject to general prohibition).’

Lord Morrow of Clogher Valley

Amendment 35

New Clause

After clause 94 insert -

‘Review of certain variation of firearms certificate

94C. -(1) The Department must review and publish a report on the current provisions relating to the variation of firearms certificates.

(2) The report under paragraph (1) must report on the desirability of bringing forward legislation to enable registered firearms dealers to vary a person’s firearms certificate where that person has sold a firearm to the dealer and purchased another firearm of similar type and calibre.’

Lord Morrow of Clogher Valley

Amendment 36

New Clause

After clause 94 insert -

‘Review of supervised shooting restrictions for young persons

94D. -(1) The Department must review and publish a report on the current provisions relating to supervised shooting restrictions for young persons.

(2) The report under paragraph (1) must detail current practices in England, Scotland and Wales and report on the desirability of bringing forward legislation to enable supervised shooting for persons under the age of 18.’

Lord Morrow of Clogher Valley

Amendment 37

Clause 96 , Page 54, Line 39

After ‘Committee)’ insert ‘in paragraph (g) for “one other” substitute “a” and ’

Minister of Justice

Amendment 38

Clause 96 , Page 55, Line 1

Leave out ‘person’ and insert ‘practising member of the Bar of Northern Ireland or a practising solicitor’

Minister of Justice

Amendment 39

Clause 97 , Page 55, Line 5

After ‘Committee)’ insert ‘in paragraph (d) for “one other” substitute “a”, ’

Minister of Justice

Amendment 40

Clause 97 , Page 55, Line 7

Leave out ‘person’ and insert ‘practising member of the Bar of Northern Ireland or a practising solicitor’

Minister of Justice

Amendment 41

Clause 97 , Page 55, Line 12

Leave out ‘person’ and insert ‘barrister or solicitor’

Minister of Justice

Amendment 42

New Clause

After clause 97 insert -

‘Funds in court: investment fees or expenses

97A. -(1) Section 81 of the Judicature ( Northern Ireland) Act 1978 (c. 23) (investment of funds in court) is amended as follows.

(2) The existing provision becomes subsection (1) of that section.

(3) After that subsection insert -

“(2) If the High Court or (as the case may be) the county court so orders, the power of the Accountant General under subsection (1)(a)(iii) or (iv) to invest a sum of money in the Court of Judicature or the county court in securities includes the power to pay out of that sum any fees or expenses which are -

(a) incurred in connection with, or for the purposes of, investing that sum; and

(b) of an amount or at a rate approved by the High Court or (as the case may be) the county court.

(3) A court shall not make an order under subsection (2) unless the court considers it necessary and proportionate in all the circumstances to do so.

(4) The High Court or (as the case may be) the county court may, on an application made to it, order that all or part of any sum paid by way of fees or expenses under subsection (2) be refunded where it appears to the court to be in the interests of justice to do so.”.’

Minister of Justice

Amendment 43

Clause 102 , Page 61, Line 15

At end insert -

‘(5) No order may be made under subsection (1) containing provision which amends or repeals a provision of an Act of Parliament or Northern Ireland legislation unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.’

Minister of Justice

Amendment 44

Clause 103 , Page 61, Line 18

Leave out subsections (2) to (4) and insert -

‘(2) Subject to subsection (3), orders made by the Department under this Act are subject to negative resolution.

(3) Subsection (2) does not apply to -

(a) an order under section 1(7), 5(1)(c), 6(3), 44(9), 64(2), 82(5) or 107(3);

(b) an order under subsection (1) of section 102 to which subsection (5) of that section applies.’

Minister of Justice

Amendment 45

Clause 107 , Page 62

Leave out line 8 and insert -

‘(c) sections 94 and (Power of Department to make payments in relation to prevention of crime, etc.)’

Minister of Justice

Amendment 46

Clause 107 , Page 62, Line 30

At end insert -

‘(3A) No order may be made under subsection (3) bringing into operation any provision of section 43 unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.’

Minister of Justice

Amendment 47

Schedule 1 , Page 65, Line 9

Leave out sub-paragraph (12)

Minister of Justice

Amendment 48

Schedule 1 , Page 66, Line 4

At end insert -

‘(2A) The joint committee shall issue to PCSPs a list of organisations appearing to the joint committee to be appropriate for designation under sub-paragraph (1).

(2B) The joint committee may revise and re-issue that list.

(2C) In making any designation under sub-paragraph (1) a PCSP must take into consideration any organisation for the time being on a list issued under sub-paragraph (2A) or (2B).’

Minister of Justice

Amendment 49

Schedule 1 , Page 66, Line 4

At end insert -

‘(2A) The Department may by order designate organisations for the purposes of this paragraph.

(2B) No order may be made under sub-paragraph (2A) unless -

(a) the Department has consulted each PCSP; and

(b) a draft of the order has been laid before, and approved by a resolution of, the Assembly.’

Chair, Committee for Justice

Amendment 50

Schedule 1 , Page 66, Line 5

After ‘PCSP’ insert ‘or by an order under sub-paragraph (2A)’

Chair, Committee for Justice

Amendment 51

Schedule 1 , Page 68, Line 4

Leave out sub-paragraphs (4) and (5) and insert -

‘(4) At any time thereafter, there shall be -

(a) a chair appointed by the council from among the political members; and

(b) a vice-chair elected by the independent members from among such members.

(5) In appointing to the office of chair, the council shall ensure that, so far as practicable -

(a) a person is appointed to that office for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following that person’s appointment;

(b) that office is held in turn by each of the four largest parties represented on the council immediately after the last local general election.’

Chair, Committee for Justice

Amendment 52

Schedule 1 , Page 70, Line 19

At end insert -

‘ Expenses

16A. The council may pay to members of a PCSP such expenses as the council may determine.’

Minister of Justice

Amendment 53

Schedule 1 , Page 70, Line 21

Leave out paragraph 17 and insert -

‘17. - (1) The Department and the Policing Board shall for each financial year make to the council grants of such amounts as the joint committee may determine for defraying or contributing towards the expenses of the council in that year in connection with PCSPs.

(2) A grant made by the Department or the Policing Board under this paragraph—

(a) s hall be paid at such time, or in instalments of such amounts and at such times, and

(b) shall be made on such conditions,

as the joint committee may determine.

(3) A time determined under sub-paragraph (2)(a) may fall within or after the financial year concerned.’

Minister of Justice

Amendment 54

Schedule 2 , Page 73, Line 36

Leave out sub-paragraph (11)

Minister of Justice

Amendment 55

Schedule 2 , Page 74, Line 36

At end insert -

‘(2A) The joint committee shall issue to DPCSPs a list of organisations appearing to the joint committee to be appropriate for designation under sub-paragraph (1).

(2B) The joint committee may revise and re-issue that list.

(2C) In making any designation under sub-paragraph (1) a DPCSP must take into consideration any organisation for the time being on a list issued under sub-paragraph (2A) or (2B).’

Minister of Justice

Amendment 56

Schedule 2 , Page 74, Line 36

At end insert -

‘(2A) The Department may by order designate organisations for the purposes of this paragraph.

(2B) No order may be made under sub-paragraph (2A) unless -

(a) the Department has consulted each DPCSP; and

(b) a draft of the order has been laid before, and approved by a resolution of, the Assembly.’

Chair, Committee for Justice

Amendment 57

Schedule 2 , Page 74, Line 37

After ‘DPCSP’ insert ‘or by an order under sub-paragraph (2A)’

Chair, Committee for Justice

Amendment 58

Schedule 2 , Page 76, Line 35

Leave out sub-paragraphs (4) and (5) and insert -

‘(4) At any time thereafter, there shall be -

(a) a chair appointed by the council from among the political members; and

(b) a vice-chair elected by the independent members from among such members.

(5) In appointing to the office of chair, the council shall ensure that, so far as is practicable -

(a) a person is appointed to that office for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following that person’s appointment;

(b) that office is held in turn by each of the four largest parties represented on the council immediately after the last local general election.’

Chair, Committee for Justice

Amendment 59

Schedule 2 , Page 79, Line 21

At end insert -

‘Expenses

16A. The council may pay to members of a DPCSP such expenses as the council may determine.’

Minister of Justice

Amendment 60

Schedule 2 , Page 79, Line 23

Leave out paragraph 17 and insert -

‘17. -(1) The Department and the Policing Board shall for each financial year make to the council grants of such amounts as the joint committee may determine for defraying or contributing towards the expenses of the council in that year in connection with DPCSPs.

(2) A grant made by the Department or the Policing Board under this paragraph—

(a) s hall be paid at such time, or in instalments of such amounts and at such times, and

(b) shall be made on such conditions,

as the joint committee may determine.

(3) A time determined under sub-paragraph (2)(a) may fall within or after the financial year concerned.’

Minister of Justice

Amendment 61

Schedule 3 , Page 81, Line 7

Leave out from ‘or’ to end of line 9

Minister of Justice

Amendment 62

Schedule 3 , Page 81, Line 19

Leave out from ‘or’ to end of line 21

Minister of Justice

Amendment 63

Schedule 6 , Page 83, Line 32

At end insert -

‘The Judicature ( Northern Ireland) Act 1978 (c. 23)

. In section 82(1) (rules as to funds in court) -

(a) in paragraphs (c) and (d) for “81(b)(ii)” substitute “81(1)(b)(ii)”; and

(b) in paragraph (k) for “81(a)(iv)” substitute “81(1)(a)(iv)”.’

Minister of Justice

Amendment 64

Schedule 7 , Page 87, Line 38

At end insert -

‘Part 4

Solicitors’ rights of audience

Minister of Justice

Amendment 65

Long Title

After ‘legal aid;’ insert ‘to confer additional rights of audience of certain solicitors;’

Minister of Justice

Autism Bill
Marshalled List of Amendments
Consideration Stage

Wednesday 23 February 2011

Amendments tabled up to 9.30am Thursday, 17 February 2011

The Bill will be considered in the following order-

Clauses and Long Title

Amendment 1

Clause 1 , Page 1, Line 5

Leave out subsection (2)

Mr Dominic Bradley

Amendment 2

Clause 3 , Page 2, Line 28

Leave out subsection (5)

Mr Dominic Bradley

Northern Ireland Assembly

Papers Presented to the Assembly from
22 to 23 February 2011

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

Housing (Amendment) Bill (As Amended at Consideration Stage) NIA Bill 32/09

High Hedges Bill (As Amended at Consideration Stage) NIA Bill 15/09

Clean Neighbourhoods and Environment Bill (As Amended at Consideration Stage) NIA Bill 31/09

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

Good Management, Good Records - Guidelines for Managing Records in Health and Personal Social Services Organisations in Northern Ireland (DHSSPS)

5. Assembly Reports

6. Statutory Rules

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

S.R. 2011/35 The Strangford Lough (Sea Fishing Exclusion Zones) Regulations (Northern Ireland) 2011 (DARD)

S.R. 2011/38 The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (DARD)

S.R. 2011/39 The Food Additives (Amendment) Regulations (Northern Ireland) 2011 (DHSSPS)

S.R. 2011/40 Categories of Tourist Establishment Order (Northern Ireland) 2011 (DETI)

S.R. 2011/41 The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2011 (DHSSPS)

S.R. 2011/44 Departments (Transfer of Functions) Order (Northern Ireland) 2011 (DOJ)

S.R. 2011/45 The Food Labelling (Declaration of Allergies) Regulations (Northern Ireland) 2011 (DHSSPS)

S.R. 2011/47 The Fruit Juices and Fruit Nectars (Amendment) Regulations (Northern Ireland) 2011 (DHSSPS)

Draft S.R. 2011/ The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (DETI)

7. Written Ministerial Statements

8. Consultation Documents

Taxi Operator Licensing Supplementary Consultation on Proposals for New Fee Structure and Fee Level (DOE)

9. Departmental Publications

2011 Census Security: Report of the Independent Review Team (DFP)

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 22 FEBRUARY 2011

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