BUSINESS COMMITTEE
TUESDAY 28 NOVEMBER 2006
IN ROOM 106, PARLIAMENT BUILDINGS
MINUTES
The meeting began at 12.35 pm
Present: The Speaker (Chair)
Mr B Armstrong
Mr D Bradley
Mr PJ Bradley
Mrs D Dodds
Mr K McCarthy
Mr D McClarty
Mr P McGuigan
Lord Morrow
Mr C Murphy
Present (secretariat): Mr A Moir The Clerk
Mr J Reynolds Deputy Clerk
In attendance: Mr P Moore Clerk of Business
Ms C McGivern Director of Legal Services
Ms F Leneghan Assistant Private Secretary to
the Speaker
Mr T Evans Deputy Chief Executive
Mr T Logue Clerk to the Transitional Commission
Observers: Mr J Wells Deputy Speaker
Mr N Jackson OFMDFM
1. Introduction
1.1 The Speaker sought and obtained members’ agreement that a representative from the Office of the First and Deputy First Minister (OFMDFM) could attend and observe meetings of the Business Committee. Mr Jackson was then invited to do so.
1.2 The Speaker expressed her gratitude to members for their assistance in the orderly way in which business had been concluded in the Chamber the previous day.
2. Minutes of the meetings held on 24 and 27 November 2006
2.1 The Speaker alerted members to an additional sub-paragraph (2.2) for insertion into the minutes of the meeting held on 24 November. This was required to reflect that she had indicated certain intentions regarding previous rulings and her use of Erskine May.
2.2 Subject to the addition, the minutes of the meeting held on 24 November were agreed and were signed by the Speaker.
2.3 Lord Morrow expressed his concern that a number of questions, which he had put to the Speaker during discussions on the second item on the agenda of the 27 November meeting, had not been specifically recorded in the minutes. He was advised that such detail was not normally included in Business Committee minutes.
2.4 Lord Morrow, however, requested that two specific questions, and the answers that had been provided to him, should be recorded in the minutes. An outline of suitable wording for an additional paragraph was discussed and provisionally agreed. Subject to the inclusion of the additional paragraph (the final wording of which was to be discussed with Lord Morrow) the minutes of the meeting held on 27 November were agreed for later signature by the Speaker.
3. Matters Arising
3.1 Referring to paragraph 3.3 of the minutes of the meeting held on 24 November (establishment of the Programme for Government Committee), the Speaker sought further information from the DUP’s representatives on the party’s position on the Committee’s establishment. No further information was offered.
4. Revised Guidance on Motions and Amendments
4.1 The Speaker reported that the Business Office had revised guidelines (which had previously been agreed by the Business Committee) to reflect the Standing Orders under which the Assembly was now operating. It was clarified that the only substantive amendment related to ‘repeated motions’ and that change was necessitated by the limited lifespan of the Transitional Assembly.
4.2 Members agreed that the amended guidance should be formally approved during the following week’s meeting, but that, in the meantime, the Business Office should operate on the basis of the amended guidance.
5. Review of security at Parliament Buildings
5.1 The Speaker reminded members that she had undertaken to consult with the Business Committee on the conduct of a review of security at Parliament Buildings following the incident on 24 November. She reported that several meetings (including a number with the PSNI) had already been held and that steps had also been taken regarding the welfare of staff who were directly involved in the incident. The Speaker invited Mr Evans and Mr Logue to participate in this part of the meeting.
5.2 The Speaker recorded her view that, in line with other institutions, oversight and management of the review should be placed in the hands of the Transitional Commission. The Speaker reported that she was calling a meeting of the Commission as quickly as possible, and reminded members that all parties were also represented on that body. The Speaker sought consensus that the Business Committee should recommend the issue to the Transitional Commission.
5.3 Sinn Féin, the UUP, the SDLP and the Alliance parties all indicated that they were content to agree this approach. The DUP, however, argued that a special Assembly committee should be set up to fully investigate the issue. Following discussions, which included assurances from Mr Evans regarding the conduct of an investigation, the involvement of the PSNI at a senior level, and the intention to avail of independent expertise from another legislature, the DUP reluctantly agreed to the Speaker’s proposal.
5.4 Lord Morrow asked that his party’s deep appreciation of the heroics of Assembly staff involved in the incident be recorded. The other parties associated themselves with these comments.
Mr Evans and Mr Logue left the meeting at 1.15pm.
6. Arrangements for plenary meetings during week commencing 4 December
6.1 The Speaker drew members’ attention to the no-day named list of motions, and specifically to two motions on the issue of the local government aspects of the Review of Public Administration (RPA). Members agreed that the guidance on motions and amendments (referred to earlier) should be applied. This allowed only the earlier-tabled motion to remain on the list, although members were reminded that proposed amendments to that motion could be tabled immediately and that these would appear alongside the motion in the weekly list.
6.2 When inviting members to propose motions for debate, the Speaker alerted them to the previous day’s agreement, in the Programme for Government Committee, to establish six sub-groups on a variety of issues, and for the main Committee to deal with a further three matters. The Speaker asked members to consider the appropriateness of scheduling a debate on an issue that was to be considered by the PFG (or one of its sub-groups) prior to completion of that Committee’s (or sub-group’s) work.
6.3 Mr McCarthy expressed a concern that the Secretary of State might “interfere” with proposals agreed within the Business Committee. In response, the Speaker reminded members that she had placed on record her intention, where possible, to prepare an Order Paper on the basis of the Business Committee’s decisions.
6.4 Prior to considering specific proposals, members agreed that Monday and Tuesday sittings would be appropriate, whether or not the PFG had arranged to meet on a Monday. Mr Murphy indicated that his party would consider progress made in the work of the Programme for Government Committee before it took any decision on participation in plenary debates. Pending that decision, Sinn Féin would neither support nor object to any proposal for debate.
6.5 Mr McClarty proposed that the motion on the Secretary of State for Northern Ireland, in the name of Sir Reg Empey, should be agreed for debate. The party delegations cast 61 votes for the proposal and 18 against, and the proposal was carried.
6.6 Mr PJ Bradley proposed that the motion on RPA, in the name of Mr Tommy Gallagher, should be agreed for debate. The party delegations cast 79 votes for the proposal with none against, and the proposal was carried.
6.7 Members agreed that the Assembly should conduct a debate on the Secretary of State motion on Monday, and the RPA motion on Tuesday, commencing at 10.30 am each day. Members agreed that there would initially be no limits on speaking times, but that neither sitting should continue beyond 6.00pm.
6.8 The Speaker indicated that she would prepare and arrange issue of an Order Paper in accordance with the Business Committee’s wishes.
7. Any Other Business
7.1 The Speaker drew members’ attention to the provision, set out in Standing Order 17 (h), for a nominating officer to exercise a vote that could have been exercised but for a vacancy in the membership of the Assembly. The Speaker advised that such a vacancy currently existed, and that Mr Adams was the nominating officer who was currently entitled to exercise such a vote. The Speaker reported that a short supplementary guidance paper on the issue would be made available to members at the next scheduled meeting. In the meantime, however, she asked members to advise colleagues of the current position, in particular those who may be asked to act as Tellers in the event of a division being called.
7.2 The Speaker referred to the requirement in the Northern Ireland (St Andrews Agreement) Act 2006 that proceedings of the Transitional Assembly shall include the preparation and consideration of draft Standing Orders for the Northern Ireland Assembly. She reported her understanding that the PFG had discussed this requirement and had not considered it a matter for that Committee. The Speaker anticipated receipt of a letter from the PFG referring the matter to the Business Committee. The Speaker outlined two possible options: that the Business Committee agree the terms of a motion that a Committee of the Assembly be established, and agree to the motion being scheduled for debate, or that the necessary work be carried out by a sub-group of the Business Committee. Members agreed to consider their party’s views and return to the issue at the next scheduled meeting of the Business Committee.
7.3 The Speaker stated her view that the next scheduled meeting of the Business Committee was the latest reasonable time for the Committee to consider dates for Christmas recess, and asked members to have their views on this prepared in order that a decision may be reached at that meeting.
7.4 The Speaker reported her understanding that the Programme for Government Committee had expressed a view that it should not take any Christmas recess. The Speaker acknowledged that the Transitional Assembly had much work to do, and that its current membership would not be in place beyond 30 January. She expressed concern, however, that such an approach was neither reasonable nor fair to the Assembly’s staff and their families, nor to the families of Members themselves, at a time that many considered to be a special family time. The Speaker reminded members that staff (and MLAs) had changed holiday arrangements to work over the summer months, and that no Halloween recess had been taken. She urged members of the Committee to take these factors into account in making their decision. Mrs Dodds agreed that staff welfare and Members’ duty to their staff must be considered in making the decision. Mr McClarty suggested that a two-week recess, beginning after Friday 22 December with a return on Monday 8 January might be in order.
7.5 Other members anticipated unfavourable reports in the press regarding any Assembly recess. The Speaker reminded members that their decisions should not be unduly constrained or influenced by the press.
8. Date and time of next meeting
6.4 Members agreed to meet at 12.30 pm on Tuesday 5 December 2006 in Room 106 Parliament Buildings.
The Speaker brought the meeting to a close at 1.45 pm.
The Speaker