No. 70-07/08

MINUTE OF PROCEEDINGS
TUESDAY 1 JULY 2008

The Assembly met at 10.30 am, the Deputy Speaker (Mr McClarty) in the Chair

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Executive Committee Business

2.1 First Stage - Presumption of Death Bill (NIA 23/07)

The Minister of Finance and Personnel, Mr Nigel Dodds, introduced a Bill to make provision in relation to the presumed deaths of missing persons; and for connected purposes.

Bill passed First Stage and ordered to be printed (NIA Bill 23/07).

2.2 Second Stage - Civil Registration Bill (NIA 20/07)

The Minister of Finance and Personnel, Mr Nigel Dodds, moved that the Second Stage of the Civil Registration Bill (NIA 20/07) be agreed.

Debate ensued.

NIA Bill 20/07 passed Second Stage and stood referred to the Committee for Finance and Personnel.

2.3 Second Stage - Health and Social Care (Reform) Bill (NIA 21/07)

The Minister of Health, Social Services and Public Safety, Mr Michael McGimpsey, moved that the Second Stage of the Health and Social Care (Reform) Bill (NIA 21/07) be agreed.

Debate ensued.

NIA Bill 21/07 passed Second Stage and stood referred to the Committee for Health, Social Services and Public Safety.

2.4 Motion - Legislative Consent - Pensions Bill

Proposed: That, further to the Legislative Consent Motion passed on 26 February 2008, this Assembly endorses the principle of the extension to Northern Ireland of additional amendments to the Pensions Bill dealing with the Pensions Regulator, persons working on vessels and persons in offshore employment and pre-consolidation modifications to pensions legislation.

[Minister for Social Development]

The Deputy Speaker (Mr Molloy) in the chair.

Debate ensued.

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

3. Committee Business

3.1 Motion - Primary School Funding

Proposed: That this Assembly calls on the Minister of Education to urgently examine measures and bring forward proposals which would significantly increase funding to primary schools.

[Chairperson, Committee for Education]

Debate ensued.

The Speaker in the chair.

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

3.2 Motion - Report of the Committee for Agriculture and Rural Development into Renewable Energy and Alternative Land Use

Proposed: That this Assembly approves the Report of the Committee for Agriculture and Rural Development (39/07/08R) into Renewable Energy and Alternative Land Use.

[Chairperson, Committee for Agriculture and Rural Development]

Debate ensued.

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

3.3 Motions to Amend Standing Orders

(a) Proposed: In Standing Order 15 leave out paragraph (1) and insert -

‘(1) Except as provided for in paragraphs (1A) and (1B), any amendment to a motion shall be given in writing to the Speaker not later than 9.30 a.m. two clear Working Days before the day on which the motion is to be taken.

(1A) Any amendment to a motion to be debated on a day on which the Business Committee has arranged an additional sitting of the Assembly under Standing Order 10(6) shall, where the time between such decision of the Business Committee and the day of the additional sitting is less than two clear Working Days, be given to the Speaker not later than 9.30 a.m. on the day of the additional sitting.

(1B) Any amendment to a motion to be debated on a day on which the Assembly is summoned to meet earlier than that to which it stood adjourned shall, where the time between the Speaker’s summons and the meeting to which the Speaker’s summons relates is less than two clear Working Days, be given to the Speaker not later than 9.30 a.m. on the day on which the Assembly is summoned to meet.’

[Chairperson, Committee on Procedures]

Debate ensued.

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(b) Proposed: In Standing Order 45(b)(i) after ‘46’ insert -

‘and 47’

[Chairperson, Committee on Procedures]

Debate ensued.

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(c) Proposed: In Standing Order 46(3) line 2 leave out ‘and a number of Members other than himself/herself to’ and insert -

‘appointed in accordance with this Standing Order. The other Members of a Statutory Committee shall’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(d) Proposed: In Standing Order 46(4) leave out from line 12 to end of line 15 and insert -

‘C is the number of Chairpersons and Deputy Chairpersons of Statutory Committees established under this Standing Order who are members of the party.’

[Chairperson, Committee on Procedures]

 

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(e) Proposed: In Standing Order 46(5) line 5 leave out all after ‘Deputy Chairperson’ and insert -

‘of a Statutory Committee and to specify on which Committee that Member is nominated to serve. In making nominations, nominating officers shall prefer Committees in which they do not have a party interest over those in which they do have a party interest.’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(f) Proposed: In Standing Order 46(7) line 1 leave out ‘paragraph 8’ and insert -

‘paragraphs (7A), (8) and (9)’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(g) Proposed: In Standing Order 46(7) leave out sub-paragraph (b) and insert -

‘(b) if the person nominated does not take up the specified office within 15 minutes of the request being made (whether that person was present when nominated or not),

the power shall be exercisable by the nominating officer of the party for which the formula in paragraph (4) gives the next highest figure.’

(7A) Where the nominating officer, the person nominated, or another Member of the Assembly asks the Assembly to extend the 15 minute time period mentioned in paragraph (7) and gives a reason or reasons for so asking, the Assembly may grant the extension.’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(h) Proposed: In Standing Order 46(8) leave out ‘Paragraph (7)’ and insert -

‘Paragraphs (7) and (7A)’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(i) Proposed: In Standing Order 46(9) line 1 leave out all after ‘as’ and insert -

‘necessary to ensure that the positions of Chairperson and Deputy Chairperson have been filled.’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(j) Proposed: In Standing Order 46 after paragraph (9) insert -

‘( ) Once a Member has accepted a nomination as Chairperson or Deputy Chairperson the Speaker shall announce and confirm the appointment.’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(k) Proposed: In Standing Order 46 leave out paragraph (11)

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(l) Proposed: In Standing Order 46 leave out paragraph (12) and insert -

‘(12) A Member shall not be eligible for nomination as a Chairperson of a Statutory Committee if at the date of such nomination the Member is a Chairperson of another Statutory Committee or a Standing Committee.’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(m) Proposed: In Standing Order 46 leave out paragraph (14) and insert -

‘(14)  If an office of Chairperson or Deputy Chairperson of a Statutory Committee becomes vacant by reason of any circumstances described in paragraph (13), the nominating officer of the party on whose behalf the previous incumbent was nominated shall nominate a member of the party who is a Member of the Assembly to replace the previous incumbent.

(15) If the nominating officer fails to make such a nomination within a period of ten days of the vacancy occurring or the nominated person does not take up office within this period, the power of nomination shall become exercisable by the nominating officer of the party for which the formula in paragraph (4) gives the next highest figure. Any such nominations must comply with paragraphs (5), (6), (11) and (12). Nominations shall be announced and confirmed by the Speaker at the next following meeting of the Assembly.’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(n) Proposed: In Standing Order 47 leave out paragraphs (1) and (2)

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(o) Proposed: In Standing Order 47 leave out paragraph (3) and insert –

‘( ) Statutory Committees shall be constituted to reflect, as far as possible, the party composition of the Assembly except in so far as individual parties or individual Members may waive their rights.’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(p) Proposed: In Standing Order 47(4) before paragraph (a) insert -

‘( ) that each Statutory Committee will consist of 11 Members including the Chairperson and Deputy Chairperson;’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(q) Proposed: In Standing Order 47(4)(b) line 4, leave out ‘is’ and insert -

‘constitutes’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(r) Proposed: In Standing Order 47(4)(c) line 4, leave out ‘are allocated to each political party’ and insert -

‘is allocated to each political party as far as possible’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(s) Proposed: In Standing Order 47(6) line 2, leave out ‘representation of the different political parties as soon as may be’ and insert -

‘allocation made under paragraph (4) as soon as practicable’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(t) Proposed: In Standing Order 47 leave out paragraph (7) and insert -

‘(7) The quorum of a statutory committee shall be five except when no decision is taken or question put to the committee, when the quorum shall be four. A quorum shall be deemed to be present where members are linked by a video-conferencing facility.’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(u) Proposed: In Standing Order 47 leave out paragraph (8) and insert -

‘(8) A Statutory Committee shall continue for the duration of the Assembly unless the Assembly determines otherwise.’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(v) Proposed: In Standing Order 48 leave out paragraphs (3) to (7) and insert -

‘(3) Ad Hoc Committees may be established from time to time to deal with any specific time-bounded terms of reference that the Assembly may set.

48A ESTABLISHMENT OF STANDING COMMITTEES

(1)  Unless otherwise provided for in these Standing Orders, each Standing Committee shall have one Chairperson and one Deputy Chairperson appointed in accordance with this Standing Order as part of a process that is separate and distinct from the process of nominating the Chairperson or Deputy Chairperson of a Statutory Committee.

(2) By reference to the consolidated list of political parties and their members, the Speaker shall calculate each party’s figure for the purpose of this Standing Order by applying the formula-

_S_
1 + C

where

S is the number of seats which were held by members of that party on the day on which the Assembly first met following its election.

C is the number of Chairpersons and Deputy Chairpersons of Standing Committees established under this Standing Order who are members of the party.

Where two or more parties have an identical figure they shall be ranked by applying the formula–

_V_
1 + C

where
V is the total number of first preference votes cast for the party at the most recent general election of Members of the Assembly and C has the same meaning as above.

(3) The Speaker shall then invite the nominating officer of the party with the highest figure to nominate a member of that party who is a Member of the Assembly to be Chairperson or Deputy Chairperson of a Standing Committee and to specify on which Committee that Member is nominated to serve.

(4) Subject to paragraphs (5), (6) and (7), where the Speaker asks the nominating officer to make a nomination under paragraph (3)–

(a) if he/she fails to do so within 15 minutes of the request being made (whether the nominating officer was present when the request was made or not), or

(b) if the person nominated does not take up the specified office within 15 minutes, of the request being made, (whether that person was present when nominated or not).

the power shall be exercisable by the nominating officer of the party for which the formula in paragraph (2) gives the next highest figure.

(5) Where the nominating officer, the person nominated, or another Member of the Assembly asks the Assembly to extend the 15 minute time period mentioned in paragraph (4), and gives a reason or reasons for so asking, the Assembly may grant an extension.

(6) Paragraph (4) and (5) shall not operate whilst the Assembly is adjourned.

(7) Paragraphs (3) to (5) shall be applied as many times as may be necessary to ensure that the positions of Chairperson and Deputy Chairperson have been filled.

(8) Once a Member has accepted a nomination as Chairperson or Deputy Chairperson the Speaker shall announce and confirm the appointment.

(9) A Minister or junior Minister may not be the Chairperson or Deputy Chairperson of a Standing Committee.

(10) A Member shall not be eligible for nomination as a Chairperson of a Standing Committee if at the date of such nomination the Member is a Chairperson of another Standing Committee or a Statutory Committee.

(11) The Chairperson or Deputy Chairperson of a Standing Committee shall cease to hold office on–

(a) resigning that office by notice in writing to the Speaker;

(b) ceasing to be a Member of the Assembly; or

(c) being dismissed by the nominating officer of the party which nominated him/her and the Speaker is notified of his/her dismissal.

(12) If an office of Chairperson or Deputy Chairperson of a Standing Committee becomes vacant by reason of any circumstances described in paragraph (11), the nominating officer of the party on whose behalf the previous incumbent was nominated shall nominate a member of the party who is a Member of the Assembly to replace the previous incumbent.

(13) If the nominating officer fails to make such a nomination within a period of ten days of the vacancy occurring or the nominated person does not take up office within this period the power of nomination shall become exercisable by the nominating officer of the party for which the formula in paragraph (2) gives the next highest figure. Any such nominations must comply with paragraphs (9) and (10). Nominations shall be announced and confirmed by the Speaker at the next meeting of the Assembly.

48B MEMBERSHIP OF STANDING COMMITTEES

(1) Standing Committees shall be constituted to reflect, as far as possible, the party composition of the Assembly except in so far as individual parties or individual Members may waive their rights.

(2) Seats on Standing Committees will be allocated on a proportional basis in accordance with the following principles –

(a) that unless otherwise provided for in these Standing Orders, each Standing Committee shall consist of 11 Members including the Chairperson and Deputy Chairperson;

(b) that not all the seats on a Standing Committee are allocated to the same political party;

(c) that the majority of the seats on each Standing Committee is allocated to a particular political party if the number of persons belonging to that party constitutes a majority of the Assembly membership;

(d) subject to paragraphs (b) and (c) above, that the number of seats on the Standing Committees of the Assembly which is allocated to each political party as far as possible bears the same proportion to the total of all the seats on the Standing Committees as is borne by the number of Members of that party to the membership of the Assembly; and

(e) subject to paragraphs (b) and (d) above, that the number of seats on each Standing Committee which is allocated to each political party as far as possible bears the same proportion to the number of seats on that Standing Committee as is borne by the number of Members of that party to the membership of the Assembly.

(3) The allocation of seats to parties or individual Members on the Standing Committees other than the Business Committee shall be undertaken by the Business Committee and shall be approved by resolution of the Assembly.

(4) The Business Committee shall review the allocation made under paragraph (2) as soon as practicable following any numerical changes to party membership in the Assembly.

(5) Unless otherwise provided for in these Standing Orders, the quorum of every Standing Committee shall be five, except when no decision is taken or question put to the Committee, when the quorum shall be four. A quorum shall be deemed to be present where Members are linked by a video-conferencing facility.

(6) Unless otherwise provided for in these Standing Orders, all questions at a Standing Committee shall be decided by a simple majority. Voting shall be by show of hands unless otherwise requested by a Member of the Committee.’

48C ESTABLISHMENT OF AD HOC COMMITTEES

(1) Ad Hoc Committees shall be established from time to time to deal with any specific time-bounded terms of reference that the Assembly may set. The Assembly shall decide the membership of any such Committee and may direct its method of operation.

(2) Each Ad Hoc Committee may exercise the power in section 44(1) of the Northern Ireland Act 1998.’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(w) Proposed: In Standing Order 50 leave out paragraph (4) and insert -

‘(4)  The Speaker shall nominate two Members of the Committee, either of whom, in the Speaker’s absence shall act as Chairperson of the Committee.’

[Chairperson, Committee on Procedures]

Debate ensued.

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(x) Proposed: In Standing Order 50 leave out paragraph (6) and insert -

‘(6)  The Business Committee shall comprise the Chairperson and a maximum of twelve other Members of the Assembly. Each of these other Members shall be entitled to appoint a substitute Member to attend the Committee in his or her place.’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(y) Proposed: In Standing Order 50 leave out paragraph (7) and insert:

‘(7)  Each party delegation present at the Committee, whether comprised of members or their substitutes, shall be entitled to cast a number of votes equivalent to the number of Members who adhere to the Whip of that party. For the purposes of this Standing Order, the Speaker shall not be considered to adhere to any Whip; but a Member acting as Chairperson in accordance with paragraph (4) shall be considered to adhere to a Whip.’

[Chairperson, Committee on Procedures]

The Question being put, the Motion was carried with cross-community support nemine contradicente.

(z) Proposed: In Standing Order 76, at end insert:

‘"Nominating officer", in relation to a party, means:

(a) the person registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 as the party’s nominating officer; or

(B) a member of the Assembly nominated by him.’

[Chairperson, Committee on Procedures]

Debate ensued.

The Question being put, the Motion was carried with cross-community support nemine contradicente.

4. Adjournment

Proposed: That the Assembly do now adjourn.

[The Speaker]

The Assembly adjourned at 4.39 pm.

Mr William Hay
The Speaker
1 July 2008

NORTHERN IRELAND ASSEMBLY

PAPERS PRESENTED TO THE ASSEMBLY ON 1 JULY 2008

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

Diseases of Animals Bill (NIA 22/07)

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

The Northern Ireland Health and Social Services Estates Agency Annual Report and Accounts for the Year Ended 31 March 2008 (NIA 141/07-08)

The Planning Service: Annual Report and Accounts 2007/08 (NIA 175/07-08)

Assembly Ombudsman for Northern Ireland and the Northern Ireland Commissioner for Complaints: Annual Report 2007/08 (NIA 182/07-08)

Arts Council of Northern Ireland: Annual Report and Accounts 2007/08 (NIA 200/07-08)

Northern Ireland Health and Social Services Boards Accounts for the Year Ended 31 March 2008 (NIA 210/07-08)

5. Assembly Reports

6. Statutory Rules

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

S.R. 2008/260 The Feeding Stuffs (Amendment) Regulations (Northern Ireland) 2008 (DHSSPS)

S.R. 2008/262 The Social Security (Students and Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (DSD)

S.R. 2008/263 The Control of Salmonella in Poultry Scheme Order (Northern Ireland) 2008 (DARD)

7. Consultation Documents

8. Departmental Publications

9. Agency Publications

Northern Ireland Environment Agency: Business Plan 2008/09 (DOE)

10. Westminster Publications

11. Miscellaneous Publications

NORTHERN IRELAND LEGISLATION:

EXECUTIVE BILLS

PROCEEDINGS AS AT 1 JULY 2008

Session 2006-2007

Title & Bill Number	First Stage	Second Stage	Committee Stage Extension	Committee Stage Report		Consideration Stage Concluded	Further Consideration Stage	Final Stage	Royal Assent
				Laid	Printed
**Welfare Reform Bill(NIA Bill 1/07)	4.06.07	12.06.07	N/A	N/A	N/A	18.06.07	19.06.07	25.06.07	29.06.07
Health (Miscellaneous Provisions) Bill(NIA Bill 2/07)	5.06.07	19.06.07	7.11.07	12.10.07	22.10.07	15.01.08	28.01.08	5.02.08	25.02.08
**Budget Bill(NIA Bill 3/07)	11.06.07	12.06.07	N/A	N/A	N/A	18.06.07	19.06.07	25.06.07	29.06.07
Taxis Bill(NIA Bill 4/07)	11.06.07	26.06.07	7.12.07	29.11.07	6.12.07	26.02.08	10.03.08	8.04.08	21.04.08
Libraries Bill(NIA Bill 5/07)	11.06.07	19.06.07	25.02.08	20.02.08	25.02.08	6.05.08	19.05.08	27.05.08	17.06.08

Session 2007-2008

Executive Bills

Title & Bill Number	First Stage	Second Stage	Committee Stage Extension	Committee Stage Report		Consideration StageConcluded	Further Consideration Stage	Final Stage	Royal Assent
				Laid	Printed
**Children (Emergency Protection Orders) Bill (NIA Bill 6/07)	22.10.07	5.11.07	N/A	N/A	N/A	6.11.07	19.11.07	20.11.07	14.12.07
**Pensions Bill (NIA Bill 7/07)	12.11.07	26.11.07	N/A	N/A	N/A	4.12.07	10.12.07	11.12.07	11.02.08
Public Health (Amendment) Bill (NIA Bill 8/07)	26.11.07	4.12.07	N/A	8.02.08	31.01.08	4.03.08	7.04.08	21.04.08	6.05.08
Charities Bill (NIA Bill 9/07)	10.12.07	15.01.08	27.06.08	6.05.08	13.05.08	3.06.08	17.06.08	30.06.08
**Budget Bill (NIA Bill 10/07)	11.02.08	12.02.08	N/A	N/A	N/A	19.02.08	25.02.08	26.02.08	12.03.08
Building Regulations (Amendment) Bill (NIA Bill 11/07)	25.02.08	4.03.08	27.06.08	12.06.08	25.06.08
**Commission for Victims and Survivors Bill (NIA Bill 12/07)	31.03.08	1.04.08	N/A	N/A	N/A	6.05.08	12.05.08	13.05.08	23.05.08
**Local Government (Boundaries) Bill (NIA Bill 14/07)	21.04.08	22.04.08	N/A	N/A	N/A	29.04.08	6.05.08	12.05.08	23.05.08
Goods Vehicles (Licensing of Operators) Bill (NIA Bill 15/07)	12.05.08	20.05.08	7.12.08
**Mesothelioma, etc., Bill (NIA Bill 16/07)	20.05.08	27.05.08	N/A	N/A	N/A	3.06.08	9.06.08	10.06.08
**Child Maintenance Bill (NIA Bill 17/07)	2.06.08	10.06.08	N/A	N/A	N/A	17.06.08	23.06.08	24.06.08
**Budget (No. 2) Bill (NIA Bill 18/07)	9.06.08	10.06.08	N/A	N/A	N/A	17.06.08	23.06.08	24.06.08
Public Authorities (Reform) Bill (NIA Bill 19/07)	17.06.08	30.06.08
Civil Registration Bill (NIA Bill 20/07)	17.06.08	1.07.08
Health and Social Care (Reform) Bill (NIA Bill 21/07)	23.06.08	1.07.08
Diseases of Animals Bill (NIA Bill 22/07)	30.06.08
Presumption of Death (NIA Bill 23/07)	1.07.08

Session 2007-2008

Non-Executive Bills

Title & Bill Number	First Stage	Second Stage	Committee Stage Extension	Committee Stage Report		Consideration StageConcluded	Further Consideration Stage	Final Stage	Royal Assent
				Laid	Printed
Carer’s Allowance Bill (NIA Bill 13/07)	31.03.08

**Bills which are granted accelerated passage do not pass through a Committee Stage.