No. 41-10/11
Minute of Proceedings
Monday 28 February 2011
The Assembly met at noon, the Speaker in the Chair.
1. Personal Prayer or Meditation
Members observed two minutes’ silence.
2. Assembly Business
2.1 Motion - Suspension of Standing Orders
Proposed:
That Standing Orders 10(2) to 10(4) be suspended for 28 February 2011.
Mr P Weir
Ms C Ní Chuilín
Mr F Cobain
Mr P Ramsey
Mr K McCarthy
The Question being put, the Motion was carried with cross-community support nemine contradicente.
3. Executive Committee Business
3.1 Statement - Review of Prisons
The Deputy Speaker (Mr Molloy) took the Chair.
The Minister of Justice, Mr David Ford, made a statement to the Assembly regarding the review of prisons, following which he replied to questions.
3.2 Statement - North-South Ministerial Council Meeting in Tourism Sectoral Format
The Minister of Enterprise, Trade and Investment, Mrs Arlene Foster, made a statement to the Assembly regarding the North-South Ministerial Council meeting in Tourism Sectoral format, held on 3 February 2011, following which she replied to questions.
3.3 Consideration Stage - Civil Registration Bill (NIA Bill 20/07)
The Minister of Finance and Personnel, Mr Sammy Wilson, moved the Consideration Stage of the Civil Registration Bill (NIA Bill 20/07).
15 Amendments were tabled to the Bill.
Clauses
The question being put, it was agreed without division that Clauses 1 to 5 stand part of the Bill.
After debate, Amendment 1 to Clause 6 was made without division.
The question being put, it was agreed without division that Clause 6, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clause 7 stand part of the Bill.
After debate, it was agreed without division that Amendment 2 be made and the new Clause 7A stand part of the Bill.
The question being put, it was agreed without division that Clause 8 stand part of the Bill.
After debate, Amendments 3 and 4 to Clause 9 were made without division.
The question being put, it was agreed without division that Clause 9, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 10 to 14 stand part of the Bill.
After debate, Amendment 5 to Clause 15 was made without division.
The question being put, it was agreed without division that Clause 15, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 16 and 17 stand part of the Bill.
After debate, Amendment 6 to Clause 18 was made without division.
The question being put, it was agreed without division that Clause 18, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 19 to 22 stand part of the Bill.
After debate, Amendments 7 and 8 to Clause 23 were made without division.
The question being put, it was agreed without division that Clause 23, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 24 and 25 stand part of the Bill.
After debate, it was agreed without division that Amendment 9 be made and the new Clause 25A stand part of the Bill.
After debate, it was agreed without division that Amendment 10 be made and the new Clause 25B stand part of the Bill.
After debate, it was agreed without division that Amendment 11 be made and the new Clause 25C stand part of the Bill.
After debate, Amendment 12 to Clause 26 was made without division.
The question being put, it was agreed without division that Clause 26, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 27 to 31 stand part of the Bill.
Schedules
The question being put, it was agreed without division that Schedule 1 stand part of the Bill.
After debate, Amendments 13 and 14 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.
Long Title
After debate, Amendment 15 to the Long Title was made without division.
The question being put, the Long Title, as amended, was agreed without division.
Bill (NIA 20/07) passed Consideration Stage and stood referred to the Speaker.
3.4 Consideration Stage - Damages (Asbestos-related Conditions) Bill (NIA Bill 10/10)
The Minister of Finance and Personnel, Mr Sammy Wilson, moved the Consideration Stage of the Damages (Asbestos-related Conditions) Bill (NIA Bill 10/10).
No amendments were selected.
Clauses
The question being put, it was agreed without division that Clauses 1 and 2 stand part of the Bill.
After debate, the question being put, it was agreed without division that Clause 3 stand part of the Bill.
The question being put, it was agreed without division that Clauses 4 and 5 stand part of the Bill.
Long Title
The question being put, the Long Title was agreed without division.
Bill (NIA 10/10) passed Consideration Stage and stood referred to the Speaker.
3.5 Further Consideration Stage - Budget Bill (NIA Bill 11/10)
The Minister of Finance and Personnel, Mr Sammy Wilson, moved the Further Consideration Stage of the Budget Bill (NIA Bill 11/10).
No amendments were tabled to the Bill.
Bill NIA 11/10 stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.
4. Committee Business
4.1 Motion - Extension of Committee Stage: Cyclists (Protective Headgear) Bill (NIA Bill 9/10)
Proposed:
That, in accordance with Standing Order 33(4), the period referred to in Standing Order 33(2) be extended to 24 March 2011, in relation to the Committee Stage of the Cyclists (Protective Headgear) Bill (NIA Bill 9/10).
Chairperson, Committee for the Environment
Debate ensued.
The Question being put, the Motion was carried without division.
5. Private Members’ Business
5.1 Motion - Suspension of Standing Order 42(3)
Proposed:
That Standing Order 42(3) be suspended in relation to the Single Use Plastic Bags Bill (NIA Bill 8/10).
Mr D McKay
Debate ensued.
The Question being put, the Motion was carried on a cross-community basis (Division 1).
5.2 Motion - Accelerated Passage - Single Use Plastic Bags Bill (NIA Bill 8/10)
Proposed:
That the Single Use Plastic Bags Bill (NIA Bill 8/10) proceed under the accelerated passage procedure.
Mr D McKay
Debate ensued.
The debate was suspended for Question Time.
The Speaker took the Chair.
6. Question Time
6.1 Education
Questions were put to, and answered by, the Minister of Education, Ms Caitríona Ruane.
6.2 Employment and Learning
Questions were put to, and answered by, the Minister for Employment and Learning, Mr Danny Kennedy.
7. Private Members’ Business (Cont’d)
7.1 Motion - Accelerated Passage - Single Use Plastic Bags Bill (NIA Bill 8/10) (Cont’d)
Debate resumed on the Motion.
The Question being put, the Motion was carried on a cross-community basis (Division 2).
7.2 Second Stage - Single Use Plastic Bags Bill (NIA Bill 8/10)
Mr Daithí McKay moved the Second Stage of the Single Use Plastic Bags Bill (NIA Bill 8/10).
Debate ensued.
The Deputy Speaker (Mr McClarty) took the Chair.
NIA Bill 8/10 passed Second Stage on a cross-community basis (Division 3).
8. Adjournment
Proposed:
That the Assembly do now adjourn.
The Speaker
The Assembly adjourned at 6.15pm.
Mr William Hay
The Speaker
28 February 2011
Northern Ireland Assembly
28 February 2011
Divisions
Division No. 1
Suspension of Standing Order 42(3) - Motion
Proposed:
That Standing Order 42(3) be suspended in relation to the Single Use Plastic Bags Bill (NIA Bill 8/10).
Mr D McKay
The Question was put and the Assembly divided.
Ayes: 53
Noes: 37
Ayes
Nationalist
Ms M Anderson, Mr Boylan, Mr Brady, Mr W Clarke, Ms Gildernew, Mr G Kelly, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Mr McElduff, Mrs McGill, Mr M McGuinness, Mr McKay, Mr McLaughlin, Ms Ní Chuilín, Mr O’Dowd, Ms S Ramsey, Ms Ruane, Mr Sheehan.
Unionist
Mr S Anderson, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr Craig, Mr Easton, Mrs Foster, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Poots, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr S Wilson.
Other
Mr B Wilson.
Tellers for the Ayes: Mr Boylan and Mr McKay.
Noes
Nationalists
Mr Attwood, Mr D Bradley, Mrs M Bradley, Mr PJ Bradley, Mr Burns, Mr Dallat, Mr Gallagher, Mrs D Kelly, Mr A Maginness, Mr McDevitt, Dr McDonnell, Mr McGlone, Mr O’Loan, Mr P Ramsey, Ms Ritchie.
Unionists
Mr Armstrong, Mr Beggs, Mr Cobain, Rev Dr Robert Coulter, Mr Cree, Mr Elliott, Mr Gardiner, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr B McCrea, Mr McFarland, Mr McGimpsey, Mr McNarry, Mr K Robinson, Mr Savage.
Others
Dr Farry, Mr Ford, Ms Lo, Mr Lyttle, Mr McCarthy, Mr Neeson.
Tellers for the Noes: Mr Gallagher and Mr A Maginness.
Total votes 90 Total Ayes 53 [ 58.9 % ]
Nationalist Votes 36 Nationalist Ayes 21 [58.3 % ]
Unionist Votes 47 Unionist Ayes 31 [66.0 % ]
Other Votes 7 Other Ayes 1 [14.3 % ]
The Motion was carried on a cross-community vote.
Northern Ireland Assembly
28 February 2011
Divisions
Division No. 2
Accelerated Passage - Single Use Plastic Bags Bill (NIA Bill 8/10) - Motion
Proposed:
That the Single Use Plastic Bags Bill (NIA Bill 8/10) proceed under the accelerated passage procedure.
Mr D McKay
The Question was put and the Assembly divided.
Ayes: 57
Noes: 33
Ayes
Nationalist
Ms M Anderson, Mr Boylan, Mr Brady, Mr W Clarke, Ms Gildernew, Mr G Kelly, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Mr McElduff, Mrs McGill, Mr M McGuinness, Mr McKay, Mr McLaughlin, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Ms S Ramsey, Ms Ruane, Mr Sheehan.
Unionist
Mr S Anderson, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Craig, Mr Easton, Mrs Foster, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Poots, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr S Wilson.
Other
Mr B Wilson.
Tellers for the Ayes: Mr Boylan and Mr W Clarke.
Noes
Nationalists
Mr D Bradley, Mrs M Bradley, Mr PJ Bradley, Mr Burns, Mr Dallat, Mr Gallagher, Mrs D Kelly, Mr A Maginness, Mr McDevitt, Dr McDonnell, Mr McGlone, Mr O’Loan, Mr P Ramsey, Ms Ritchie.
Unionists
Mr Armstrong, Mr Beggs, Mr Cobain, Rev Dr Robert Coulter, Mr Elliott, Mr Gardiner, Mr Kinahan, Mr McCallister, Mr McClarty, Mr B McCrea, Mr McFarland, Mr McNarry, Ms Purvis, Mr K Robinson, Mr Savage.
Others
Dr Farry, Mr Ford, Ms Lo, Mr Lyttle.
Tellers for the Noes: Mr Kinahan and Mr Lyttle.
Total votes 90 Total Ayes 57 [ 63.3 % ]
Nationalist Votes 37 Nationalist Ayes 23 [62.2 % ]
Unionist Votes 48 Unionist Ayes 33 [68.8 % ]
Other Votes 5 Other Ayes 1 [20.0 % ]
The Motion was carried on a cross-community vote.
Northern Ireland Assembly
28 February 2011
Divisions
Division No. 3
Second Stage - Single Use Plastic Bags Bill (NIA Bill 8/10)
Mr D McKay
The Question was put and the Assembly divided.
Ayes: 56
Noes: 16
Ayes
Nationalist
Ms M Anderson, Mr Boylan, Mr Brady, Mr W Clarke, Ms Gildernew, Mr G Kelly, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Mr McElduff, Mrs McGill, Mr M McGuinness, Mr McKay, Mr McLaughlin, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Ms S Ramsey, Ms Ruane, Mr Sheehan.
Unionist
Mr S Anderson, Mr Bell, Mr Bresland, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Craig, Mr Easton, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Miss McIlveen, Mr McQuillan, Mr Moutray, Mr Poots, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir.
Other
Dr Farry, Mr Ford, Ms Lo, Mr Lyttle, Mr B Wilson.
Tellers for the Ayes: Mr Boylan and Mr W Clarke.
Noes
Nationalists
Mr Attwood, Mr Callaghan, Mr Dallat, Mr McDevitt, Dr McDonnell, Mr McGlone, Ms Ritchie.
Unionists
Mr Armstrong, Mr Beggs, Mr Cobain, Mr Cree, Mr Kinahan, Mr McCallister, Mr B McCrea, Mr K Robinson, Mr Savage.
Tellers for the Noes: Mr McGlone and Mr Savage.
Total votes 72 Total Ayes 56 [ 77.8 % ]
Nationalist Votes 30 Nationalist Ayes 23 [76.7 % ]
Unionist Votes 37 Unionist Ayes 28 [75.7 % ]
Other Votes 5 Other Ayes 5 [100.0 % ]
The Motion was carried on a cross-community vote.
Civil Registration Bill
Marshalled List of Amendments
Consideration Stage
Monday 28 February 2011
Amendments tabled up to 9.30am Thursday, 24 February 2011
The Bill will be considered in the following order-
Clauses, Schedules and Long Title
Amendment 1
Clause 6 , Page 3, Line 6
For ‘(parents’ substitute ‘(child who has a father and whose parents were’
Minister of Finance and Personnel
Amendment 2
New Clause
After clause 7 insert -
‘Declarations of parentage
Re-registration of births after declaration of parentage
7A. In Article 19A of the 1976 Order (re-registration of birth after declaration of parentage), in paragraph (2) (re-registration to be effected in prescribed manner and at such place as may be prescribed), the words “and at such place as may be prescribed” shall cease to have effect.’
Minister of Finance and Personnel
Amendment 3
Clause 9 , Page 4, Line 6
Leave out ‘as follows’ and insert ‘in accordance with subsections (2) and (3)’
Minister of Finance and Personnel
Amendment 4
Clause 9 , Page 4, Line 13
At end insert -
‘( ) In Article 26 of the 1976 Order (informant’s position following an inquest), paragraph (a) (person not liable to attend registrar upon a notice issued by registrar) shall cease to have effect.’
Minister of Finance and Personnel
Amendment 5
Clause 15 , Page 6, Line 37
At end insert -
‘( ) Any notification under paragraph (4A) shall be subject to such conditions as the Registrar General considers appropriate.’
Minister of Finance and Personnel
Amendment 6
Clause 18 , Page 7, Line 26
At end insert -
‘( ) Any notification under paragraph (1) shall be subject to such conditions as the Registrar General considers appropriate.’
Minister of Finance and Personnel
Amendment 7
Clause 23 , Page 9, Line 29
At end insert -
‘( ) Any notification under paragraph (1) shall be subject to such conditions as the Registrar General considers appropriate.’
Minister of Finance and Personnel
Amendment 8
Clause 23 , Page 10, Line 2
At end insert -
‘( ) Any notification under subsection (1) shall be subject to such conditions as the Registrar General considers appropriate.’
Minister of Finance and Personnel
Amendment 9
New Clause
After clause 25 insert -
‘Notification of entry in Register of Presumed Deaths
25A. In paragraph 1 of Schedule 1 to the Presumption of Death Act (Northern Ireland) 2009 (entries in Register of Presumed Deaths), after sub-paragraph (2) there shall be added the following sub-paragraphs -
“(3) The Registrar General may notify such persons as the Registrar General considers appropriate that an entry has been made in the Register of Presumed Deaths.
(4) Any notification under sub-paragraph (3) shall be subject to such conditions as the Registrar General considers appropriate.”.’
Minister of Finance and Personnel
Amendment 10
New Clause
After clause 25 insert -
‘Access to information in the Register of Presumed Deaths
25B. -(1) Schedule 1 to the Presumption of Death Act (Northern Ireland) 2009 (Register of Presumed Deaths) shall be amended in accordance with subsections (2) and (3).
(2) After paragraph 3 (searches of indexes and examination of entries) there shall be inserted the following -
“Access to information
3A. -(1) Regulations made by the Department may make provision for any person to have access on payment of the prescribed fee to any information contained in the Register of Presumed Deaths.
(2) In sub-paragraph (1) “the prescribed fee” means the fee of such amount as may be prescribed by order made by the Department under paragraph 7(1).
(3) Regulations under sub-paragraph (1) may provide that the relevant period must have expired in relation to the information.
(4) In sub-paragraph (3) “the relevant period” means, in relation to information relating to a presumed death, the period of 50 years from the presumed date of death or such other period as may be prescribed.
(5) Regulations under sub-paragraph (1) may provide for the Registrar General -
(a) to make arrangements with any person for the purpose of providing access to information as mentioned in that sub-paragraph; and
(b) for that purpose to transfer information to that person subject to conditions (including conditions as to the making of payments by that person to the Registrar General).
(6) This paragraph is without prejudice to paragraph 3.”.
(3) In paragraph 7 (fees), in sub-paragraph (1), after head (b) there shall be inserted the following head -
“(bb) access to any information under paragraph 3A;”.
(4) In consequence of subsection (2), in the definition of “prescribed” in section 17 (interpretation) of that Act, for the word “paragraph” there shall be substituted the words “paragraphs 3A(1) and (2) and”.’
Minister of Finance and Personnel
Amendment 11
New Clause
After clause 25 insert -
‘Correction of errors in the Register of Presumed Deaths
25C. In paragraph 4(1) of Schedule 1 to the Presumption of Death Act (Northern Ireland) 2009 (correction, etc. of Register of Presumed Deaths), for the words “any clerical error or any error of fact or substance” there shall be substituted the words “an error”.’
Minister of Finance and Personnel
Amendment 12
Clause 26 , Page 11, Line 20
At end insert -
‘(2) In this section “prescribed” means prescribed by order made under Article 47 of the 1976 Order.’
Minister of Finance and Personnel
Amendment 13
Schedule 2 , Page 14, Line 10
At end insert -
‘In Article 19A(2), the words “and at such
place as may be prescribed”.’
Minister of Finance and Personnel
Amendment 14
Schedule 2 , Page 14, Line 13
At end insert -
‘Article 26(a).’
Minister of Finance and Personnel
Amendment 15
Long Title
After ‘1976’ insert ‘and the Presumption of Death Act (Northern Ireland) 2009’
Minister of Finance and Personnel
Northern Ireland Assembly
Papers Presented to the Assembly from
24 to 28 February 2011
1. Acts of the Northern Ireland Assembly
2. Bills of the Northern Ireland Assembly Autism Bill (As Amended at Consideration Stage) NIA Bill 2/10
3. Orders in Council
4. Publications Laid in the Northern Ireland Assembly
5. Assembly Reports 6. Statutory Rules
(The Department identified after each rule is for reference purposes only)
S.R. 2011/46 Reporting of Prices of Milk Products (Amendment) Regulations (Northern Ireland) 2011 (DARD)
S.R. 2011/49 The Road Vehicles Lighting (Amendment) Regulations (Northern Ireland) 2011 (DOE)
S.R. 2011/51 The Housing Benefit (Amendment) Regulations (Northern Ireland) 2011 (DSD)
Draft S.R. 2011/ The Marine Licensing (Civil Sanctions) Order (Northern Ireland) 2011 (DOE)
Draft S.R. 2011/ The Marine Licensing (Appeals) Regulations (Northern Ireland) 2011 (DOE)
7. Written Ministerial Statements
8. Consultation Documents Future Regulation of Gambling in Northern Ireland (DSD)
Consultation on Proposals for the Introduction of Revised Compensation Arrangements for Bovine TB and Brucellosis (DARD)
Consultation on a Proposed Amendment to the Price Making Order (Northern Ireland) 2004 (DETI)
Proposals for the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2011 (DETI)
9. Departmental Publications
Safeguarding Northern Ireland's Listed Buildings (NIAO)
Review of the Northern Ireland Prison Service - Conditions, management and oversight of all prisons - Interim Report February 2011 (DOJ)
10. Agency Publications
11. Westminster Publications
12. Miscellaneous Publications
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