Present: The Speaker
Mr I Davis
Mr B Hutchinson
Dr A McDonnell
Mr K McCarthy
Mr E McGrady MP
Ms M McWilliams
Mr A Maskey
Mr C Murphy
Mr I Paisley Jnr
Mr D Watson

In attendance: Mr A Moir Clerk to the Assembly
Mr A Rogers Principal Clerk of Business
Ms N Dunwoody Clerk of Plenary Business
Ms G Campbell Private Secretary to the Speaker
Mr M Wilson Principal Clerk of Bills

Observers: Mr T McCusker Executive Liaison
Ms J Morrice
Mr D McClarty
Mr D McClelland
Mr J Wells

1. PLENARY BUSINESS - MONDAY 5 NOVEMBER 2001

1.1 The Speaker advised Members that the meeting of the Business Committee had been convened to discuss Plenary Business for Monday 5 November 2001.

1.2 Members discussed the draft Order Paper which had been issued to all Members on 3 November 2001.

1.3 The Speaker clarified that he was satisfied, on the basis of legal advice, that the conduct of an election for First and Deputy First Ministers would not be ultra vires. The 6-week deadline for election under s.16(8) of the Northern Ireland Act 1998 had expired, and the next stage would be under s.32 of the Act which obliges the Secretary of State to propose a date for the poll for the election of the next Assembly. Given that HMQ has no obligation to accept this poll date, the alternative could be that the Assembly would run until the poll date specified in the Act of 1 May 2003. It would be inconceivable that the intention of Parliament could have been that the Assembly could be precluded from electing a First and Deputy First Minister for the remaining 18 months of the Assembly's life. On this basis, the Speaker had accepted advice that s.16(8) did not preclude further attempts to fill the vacancies between the end of the 6-week period and the date for dissolution.

1.4 It was confirmed (by 75 votes to 24) that the Assembly should sit at 10.30 am for the purpose of conducting the business on the Order Paper issued on 3 November.

2. PETITION OF CONCERN

2.1 The Speaker notified Members that, during the course of the meeting, a Petition of Concern in respect of the Motion to Amend Standing Order 3(8) had been submitted. He would be examining the document but, if valid, the effect would be that any vote on the Motion would have to be deferred until at least one day had passed as per Standing Order 27. In this context, he advised Members that a further meeting of the Business Committee may have to be called later that day to discuss arrangements for a Sitting on 6 November.

3. ANY OTHER BUSINESS

3.1 The Speaker advised Members that no injunction had been granted in respect of the Sitting on 5 November 2001.

The meeting adjourned at 10.03 am.