Northern Ireland Assembly Flax Flower Logo
No. 45-07/08

MINUTE OF PROCEEDINGS

MONDAY 31 MARCH 2008

 The Assembly met at noon, the Speaker in the Chair

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. The Speaker’s Business

2.1 The Speaker informed Members that Royal Assent had been signified on 12 March 2008 to the Budget Act (Northern Ireland) 2008.

3. Executive Committee Business
3.1 Statement - Review of Public Administration

The Minister of the Environment, Mrs Arlene Foster, made a statement to the Assembly on the Review of Public Administration, following which she replied to questions.

3.2 First Stage - Commission for Victims and Survivors Bill (NIA 12/07)

The deputy First Minister, Mr Martin McGuinness, introduced a Bill to replace the Commissioner for Victims and Survivors for Northern Ireland, established by the Victims and Survivors (Northern Ireland) Order 2006, with a Commission for Victims and Survivors for Northern Ireland.

Bill passed First Stage and ordered to be printed (NIA Bill 12/07)

3.3 Motion - Accelerated passage Commission for Victims and Survivors Bill

Proposed: That the Commission for Victims and Survivors Bill proceed under the accelerated passage procedure, in accordance with Standing Order 40(4).

[First Minister and deputy First Minister]

Debate ensued.

The debate was suspended for Question Time.

The Deputy Speaker (Mr Dallat) in the chair.

4. Question Time
4.1 Office of the First Minister and deputy First Minister

Questions were put to, and answered by, the deputy First Minister, Mr Martin McGuinness.

4.2 Minister of the Environment

Questions were put to, and answered by, the Minister, Mrs Arlene Foster.

4.3 Minister of Finance and Personnel

Questions were put to, and answered by, the Minister, the Rt Hon Peter Robinson.

5. Executive Committee Business (cont’d)
5.1 Motion - Accelerated passage Commission for Victims and Survivors Bill (cont’d)

Debate resumed on the Motion.

The Speaker in the chair.

The Question being put, the Motion was carried with cross-community support (Division No. 1).

5.2 Motion - The Pneumoconiosis etc, (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2008

The Deputy Speaker (Mr Molloy) in the chair.

Debate ensued.

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

6. Committee Business
6.1 Motion - Salary for holder of office of the Comptroller and Auditor General

Proposed: That this Assembly determines that the salary to be paid, under Article 4(1) of the Audit (Northern Ireland) Order 1987, to the holder of the office of Comptroller and Auditor General from 1 April 2008 to 31 March 2009, shall be the amount recommended by the Review Body on Senior Salaries as payable for that year to the judiciary at salary Group 5.

[Chairperson, Audit Committee]

Debate ensued.

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

6.2 Motion - Statutory Committee Membership

Proposed: That Mr Nelson McCausland replace Rt Hon Jeffrey Donaldson as a member of the Committee for Education.

[Lord Morrow]
[Mr P Weir]

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

7. Private Members’ Business
7.1 First Stage - Carer’s Allowance Bill (NIA 13/07)

Mr David McNarry introduced a Bill to make provision preventing the adjustment of carer’s allowance by reference to retirement pension.

Bill passed First Stage and ordered to be printed (NIA Bill 13/07).

7.3 Motion - Varney Review

Proposed: That this Assembly expresses its deep concern at the conclusions of Sir David Varney’s Review of Tax Policy in Northern Ireland; maintains that it is flawed in not sufficiently recognising the particular economic and geographical circumstances of this region; and calls on the Executive to bring forward a detailed Regional Economic Strategy that will address the economic and financial dependency of Northern Ireland, and facilitate a step-change in the Northern Ireland economy, in terms of closing the productivity gap with the rest of the United Kingdom.

[Dr S Farry]
[Mr S Neeson]
[Mr T Lunn ]

Debate ensued.

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

In accordance with Standing Order 10(3), consideration of a Private Member’s motion that stood on the Order Paper was postponed until such a time as the Business Committee determined.

8. Adjournment

Proposed: That the Assembly do now adjourn.

[The Speaker]

The Assembly adjourned at 6.52 pm.

Mr William Hay
The Speaker
31 March 2008

NORTHERN IRELAND ASSEMBLY

31 MARCH 2008

DIVISIONS

Division No. 1

Accelerated passage Commission for Victims and Survivors Bill

Proposed: That the Commission for Victims and Survivors Bill proceed under the accelerated passage procedure, in accordance with Standing Order 40(4).

[First Minister and deputy First Minister]

The Question was put and the Assembly divided on a cross-community basis.

Ayes: 54
Noes: 28

AYES

Nationalist:

Mr Adams, Mr Brady, Mr Brolly, Mr Butler, Mr Doherty, Ms Gildernew, Mr A Maskey, Mr P Maskey, Ms J McCann, Mr McCartney, Mr McElduff, Mrs McGill, Mr M McGuinness, Mr McKay, Mr McLaughlin, Mr Molloy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Ms S Ramsey, Ms Ruane.

Unionist:

Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Craig, Mr Dodds, Rt Hon J Donaldson, Mr Easton, Mrs Foster, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr McCausland, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Paisley Jnr, Rt Hon Dr Ian Paisley, Mr Poots, Mr G Robinson, Mrs I Robinson, Rt Hon P Robinson, Mr Ross, Mr Shannon, Mr Simpson, Mr Spratt, Mr Storey, Mr Weir, Mr S Wilson.

Tellers for the Ayes: Mr McElduff and Mr Shannon

NOES

Nationalist:

Mr Attwood, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Burns, Mr Durkan, Mr Gallagher, Mrs D Kelly, Mr A Maginness, Dr McDonnell, Mr McGlone, Mr O’Loan.

Unionist:

Mr Beggs, Mr Cree, Mr Elliott, Mr Gardiner, Mr Kennedy, Mr McCallister, Mr B McCrea, Mr McNarry, Mr Savage.

Other:

Dr Farry, Mr Ford, Ms Lo, Mrs Long, Mr McCarthy, Mr Neeson, Mr B Wilson.

Tellers for the Noes: Mr Ford and Mr McCarthy

Total votes 82  Total Ayes 54 [65.9%]
Nationalist Votes 33 Nationalist Ayes 21 [63.6%]
Unionist Votes 42 Unionist Ayes 33 [78.6%]
Other Votes 7 Other Ayes  0 [0.0%]

The Motion was carried on a cross-community basis.

PAPERS PRESENTED TO THE ASSEMBLY FROM
12 MARCH TO 31 MARCH 2008
  1. Acts of the Northern Ireland Assembly

Budget Act (Northern Ireland) 2008

  1. Bills of the Northern Ireland Assembly

Commission for Victims and Survivors Bill (NIA Bill 12/07)
Carer’s Allowance Bill (NIA Bill 13/07)

  1. Orders in Council
  2. Publications Laid in the Northern Ireland Assembly

Council for Catholic Maintained Schools (CCMS) Annual Report and Accounts 2006-07 (NIA 102/07-08)
Memorandum on the Fifth Report from the Public Accounts Committee Session 2007-2008: Tackling Public Sector Fraud (NIA 112/07-08)
Northern Ireland Tourist Board: Contract to Manage the Trading Activities of Rural Cottage Holidays Limited (NIA 113/07-08)
Youth Council for Northern Ireland: Management Commentary and Financial Statements to 31 March 2007 (NIA 114/07-08)
The Agri-Food and Biosciences Institute (AFBI) Accounts 2006-07 (NIA 115/07-08)
Pollution Prevention and Control (Industrial Pollution and Radiochemical Inspectorate) Charging Scheme (Northern Ireland) 2008 (NIA 120/07-08)

  1. Assembly Reports

Report on Northern Ireland Resource Accounts – Northern Ireland Child Support Agency Client Funds 2003-04 – 2006-07: Public Accounts Committee (21-07/08)

  1. Statutory Rules

(The department identified after each rule is for reference purposes only.)
SR 2008/85 Plant Protection Products (Amendment) Regulations (Northern Ireland) 2008 (DARD)
SR 2008/86 The Road Races (Circuit of Ireland International Rally) Order (Northern Ireland) 2008 (DRD)
SR 2008/91 The Health and Personal Social Services (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 2008 (DHSSPS)
SR 2008/95 Certification Officer (Fees) Regulations (Northern Ireland) 2008 (DSD)
SR 2008/96 The Health and Personal Social Services (Superannuation Scheme and Compensation for Premature Retirement) (Amendment) Regulations (Northern Ireland) 2008 (DHSSPS)
SR 2008/98 The Eggs and Chicks Regulations (Northern Ireland) 2008 (DARD)
SR 2008/101 The Housing Benefit (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (DSD)
SR 2008/102 The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (DSD)
SR 2008/103 The Housing Benefit (Local Housing Allowance) (Miscellaneous and Consequential Amendments) Regulations (Northern Ireland) 2008 (DSD)
SR 2008/109 The Motor Vehicles Testing (Amendment) Regulations (Northern Ireland) 2008 (DOE)
SR 2008/111 The Discretionary Financial Assistance (Amendment) Regulations (Northern Ireland) 2008 (DSD)
SR 2008/112 The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (DSD)
SR 2008/113 The Social Security (Industrial Injuries) Dependency (Permitted Earnings Limits) Order (Northern Ireland) 2008 (DSD)
SR 2008/115 The Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 2008 (DSD)
SR 2008/116 The Occupational Pension Schemes (Internal Dispute Resolution Procedures) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (DSD)
SR 2008/117 The Occupational Pension Scheme (Non-European Schemes Exemption) Regulations (Northern Ireland) 2008 (DSD)
SR 2008/119 The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (DSD)
SR 2008/120 The Social Security Pensions (Low Earnings Threshold) Order (Northern Ireland) 2008 (DSD)
SR 2008/121 The Social Security Revaluation of Earnings Factors Order (Northern Ireland) 2008 (DSD)
SR 2008/123 Pensions Increase (Review) Order (Northern Ireland) 2008 (DFP)
SR 2008/124 The Rate Relief (Lone Pensioner Allowance) Regulations (Northern Ireland) 2008 (DFP)
SR 2008/125 The Potatoes Originating in Egypt (Amendment) Regulations (Northern Ireland) 2008 (DARD)
SR 2008/126 The Honey (Amendment) Regulations (Northern Ireland) 2008 (DHSSPS)
SR 2008/128 The Optical Charges and Payments (Amendment) Regulations (Northern Ireland) 2008 (DHSSPS)
SR 2008/129 The Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2008 ( DEL)
SR 2008/130 The Health and Personal Social Services (Superannuation Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Amendment) Regulations (Northern Ireland) 2008 (DHSSPS)
SR 2008/131 The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2008 (DHSSPS)
SR 2008/132 The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (DSD)
SR 2008/133 The Companies (Late Filing Penalties) Regulations (Northern Ireland) 2008 (DETI)
SR 2008/134 The Limited Liability Partnerships (Filing Periods and Late Filing Penalties) Regulations (Northern Ireland) 2008 (DETI)
SR 2008/136 The Ballyboley Road, Larne (Abandonment) Order (Northern Ireland) 2008 (DRD)
SR 2008/140 The Disability Discrimination (Guidance on the Definition of Disability) (Revocation) Order (Northern Ireland) 2008 (OFMDFM)
SR 2008/144 The Occupational Pensions Schemes (Levy Ceiling) Orders (Northern Ireland) 2008 (DSD)
SR 2008/145 The Occupational Pensions Schemes (Levies) (Amendment) Regulations (Northern Ireland) 2008 (DSD)
SR 2008/146 The Pension Protection Fund (Pension Compensation Cap) Order (Northern Ireland) 2008 (DSD)
SR 2008/148 The Extinguishment of Right to Use Vehicles on Roads ( Montgomery Street, Belfast) Order (Northern Ireland) 2008 (DRD)
SR 2008/149 The B2 Silverwood Road, Lurgan (Abandonment) Order (Northern Ireland) 2008 (DRD)

For information only:

SR 2008 93 (C.3) The Welfare Reform (2007 Act) (Commencement No.3) Order (Northern Ireland) 2008 (DSD)
SR 2008/104 (C.4) The Pensions (2005 Order) (Commencement No.11) Order (Northern Ireland) 2008 (DSD)
SR 2008/135 The Motorways Traffic Regulations (Northern Ireland) 2008 (DRD)
SR 2008/137 The Extinguishment of Right to Use Vehicles on Roads ( Belfast) Order (Northern Ireland) 2008 (DRD)
SR 2008/141 The Disability Discrimination (Guidance on the Definition of Disability) (Appointed Day) Order (Northern Ireland) 2008 (OFMDFM)

  1. Consultation Documents

Invest Northern Ireland Draft Corporate Plan 2008-2011 (DETI)
Consultation on Revising the Requirements Regarding Evidence of ‘Broad Equivalence’ for Export Reprocessing Sites (DOE)
The Water Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006 (DOE)

  1. Departmental Publications

Child Maintenance Bill – Completed Equality Impact Assessment (DSD)
Companies Registry – Annual Report 2007 (DETI)
Registry of Credit Unions and Industrial and Provident Societies – Annual Report 2007 (DETI)
Principal Civil Service Pension Scheme (Amendment No.2) Scheme (Northern Ireland) 2008 (DFP)
SI 2008/576 The Agriculture and Horticultural Development Board Order 2008 (DARD)
SI 2008/700 The Supply of Information (Register of Deaths) (Northern Ireland) Order 2008 (NIO)
Minute 27 March 2008, Under Section 8 (1) of the Government Resources and Accounts Act (Northern Ireland) 2001, Directing that Accruing Resources may be used for Certain Purposes for the Year Ending 31 March 2008 (DFP)
Statistical Review of Northern Ireland Agriculture 2007 (DARD)

  1. Agency Publications

Strategic Business Plan 2007-2010 Six Month Interim Report: Northern Ireland Water (DOE)

  1. Westminster Publications

Second Annual Report on the Operation of the Gangmasters (Licensing) Act 2004

  1. Miscellaneous Publications