No. 21-08/09
MINUTE OF PROCEEDINGS
MONDAY 1 DECEMBER 2008
The Assembly met at noon, the Speaker in the Chair
1. Personal Prayer or Meditation
Members observed two minutes’ silence.
2. Executive Committee Business
2.1 Motion - Suspension of Standing Orders
Proposed: That Standing Orders 10(2) to 10(4), inclusive, be suspended for 1 December 2008.
[Minister of Health, Social Services and Public Safety]
The Question being put, the Motion was carried with cross-community support nemine contradicente.
2.2 Statement - Independent Review of Economic Development Policy in Northern Ireland
The Minister of Enterprise, Trade and Investment, Mrs Arlene Foster, made a statement to the Assembly regarding the Independent Review of Economic Development Policy in Northern Ireland, following which she replied to questions.
2.3 Consideration 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 Consideration Stage of the Health and Social Care (Reform) Bill be agreed.
75 amendments were tabled to the Bill plus two notices of intention to vote against ‘Clause stand part’ and one notice of intention to vote against ‘Schedule stand part’ .
Clauses
After debate Amendment 1 to Clause 1 was negatived without division.
After debate Amendment 2 to Clause 1 was made without division.
After debate Amendment 3 to Clause 1 was made without division.
After debate Amendment 4 to Clause 1 was made without division.
The question being put, it was agreed without division that Clause 1 (as amended) stand part of the Bill.
After debate Amendments 5 and 6 to Clause 2 were made without division.
The question being put, it was agreed without division that Clause 2 (as amended) stand part of the Bill.
The question being put, it was agreed without division that Clause 3 stand part of the Bill.
After debate Amendment 7 to Clause 4 was made without division.
The question being put, it was agreed without division that Clause 4 (as amended) stand part of the Bill.
After debate Amendment 8 to Clause 5 was made without division.
The question being put, it was agreed without division that Clause 5 (as amended) stand part of the Bill.
After debate Amendments 9 to 11 to Clause 6 were 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 Amendment 12 to Clause 8 was made without division.
The question being put, it was agreed without division that Clause 8 (as amended) stand part of the Bill.
The debate was suspended for Question Time.
The Deputy Speaker (Mr Molloy) in the chair.
3. Question Time
3.1 Minister for Regional Development
Questions were put to, and answered by, the Minister, Mr Conor Murphy.
3.2 Minister of the Environment
Questions were put to, and answered by, the Minister, Mr Sammy Wilson.
3.3 Minister of Finance and Personnel
Questions were put to, and answered by, the Minister, Mr Nigel Dodds.
4. Executive Committee Business (cont’d)
4.1 Consideration Stage - Health and Social Care (Reform) Bill (NIA 21/07) (cont’d)
Debate resumed on the Consideration Stage.
After debate Amendment 13 to Clause 9 was negatived (Division No. 1).
After debate Amendment 14 to Clause 9 was made without division.
After debate Amendment 15 to Clause 9 was made without division.
The question being put, it was agreed without division that Clause 9 (as amended) stand part of the Bill.
After debate Amendment 16 to Clause 10 was made without division.
The question being put, it was agreed without division that Clause 10 (as amended) stand part of the Bill.
The question being put, it was agreed without division that Clause 11 stand part of the Bill.
After debate Amendment 17 to Clause 12 was made without division.
The question being put, it was agreed without division that Clause 12 (as amended) stand part of the Bill.
After debate Amendments 18 to 25 to Clause 13 were made without division.
The question being put, it was agreed without division that Clause 13 (as amended) stand part of the Bill.
After debate Amendment 26 to Clause 14 was made without division.
After debate Amendment 27 to Clause 14 was made without division.
The question being put, it was agreed without division that Clause 14 (as amended) stand part of the Bill.
After debate Amendments 28 to 31 to Clause 15 were 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 Clause 16 stand part of the Bill.
After debate Amendment 32 to Clause 17 was made without division.
The question being put, it was agreed without division that Clause 17 (as amended) stand part of the Bill.
After debate Amendment 33 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 Clause 19 stand part of the Bill.
After debate Amendment 34 to Clause 20 was made without division.
The question being put, it was agreed without division that Clause 20 (as amended) stand part of the Bill.
After debate Amendment 35 to Clause 21 was made without division.
The question being put, it was agreed without division that Clause 21 (as amended) stand part of the Bill.
The question being put, it was agreed without division that Clauses 22 and 23 stand part of the Bill.
After debate Amendment 36 to Clause 24 was made without division.
The question being put, it was agreed without division that Clause 24 (as amended) stand part of the Bill.
The question being put, it was agreed without division that Clause 25 stand part of the Bill.
After debate Amendment 37 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.
After debate Amendment 38 to Clause 27 was made without division.
After debate Amendment 39 to Clause 27 was made without division.
The question being put, it was agreed without division that Clause 27 (as amended) stand part of the Bill.
The question being put, it was agreed without division that Clauses 28 to 30 stand part of the Bill.
After debate Amendments 40 to 42 to Clause 31 were made without division.
The question being put, it was agreed without division that Clause 31 (as amended) stand part of the Bill.
The question being put, it was agreed without division that Clauses 32 to 35 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 Amendment 43 to Schedule 2 was made without division.
The question being put, it was agreed without division that Schedule 2 (as amended) stand part of the Bill.
After debate Amendment 44 to Schedule 3 was made without division.
The question being put, it was agreed without division that Schedule 3 (as amended) stand part of the Bill.
The question being put, it was agreed without division that Schedule 4 stand part of the Bill.
After debate Amendment 45 to Schedule 5 was made without division.
After debate Amendment 46 to Schedule 5 was made without division.
The question being put, it was agreed without division that Schedule 5 (as amended) stand part of the Bill.
After debate Amendments 47 to 75 to Schedule 6 were made without division.
The question being put, it was agreed without division that Schedule 6 (as amended) stand part of the Bill.
The question being put, it was agreed without division that Schedule 7 stand part of the Bill.
Long Title
The question being put, the Long Title was agreed without division.
Bill (NIA 21/07) passed Consideration Stage and stood referred to the Speaker.
5. Private Members’ Business
5.1 Motion - Health Service Vacancies
Proposed: That this Assembly notes with concern the current number of vacancies in the Health Service; and calls on the Minister of Health, Social Services and Public Safety to review, as a matter of urgency, how his Department recruits staff and to look at more efficient and effective processes for the recruitment and retention of staff.
[Mr A Easton]
[Mrs I Robinson]
[Mr T Buchanan]
5.2 Amendment
Proposed: Leave out ‘his Department recruits’ and insert:
‘health and social care organisations recruit’
[Mr K McCarthy]
[Dr S Farry]
Debate ensued.
The Amendment being put, the Amendmentwas made without division.
The Question being put, the Motion, as amended, was carried without division.
6. Adjournment
Mr Robin Newton spoke on Primary School Education in East Belfast.
Proposed: That the Assembly do now adjourn.
[The Speaker]
The Assembly adjourned at 6.34 pm.
Mr William Hay
The Speaker
1 December 2008
NORTHERN IRELAND ASSEMBLY
1 DECEMBER 2008
DIVISIONS
Division No. 1
Consideration Stage: Health and Social Care (Reform) Bill (NIA 21/07) - Amendment No. 13
Proposed: Amendment 13
Clause 9, Page 6, Line 11
At end insert -
‘( ) The area prescribed under section (2) must consist of the whole of one or more local government districts.’
[Mr T Buchanan]
[Mr A Easton]
The Question was put and the Assembly divided.
Ayes: 30
Noes: 38
Ayes
Mr Bresland, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Craig, Mr Easton, Dr Farry, Mr Ford, Mr Hamilton, Mr Hilditch, Ms Lo, Mr McCarthy, Mr McCausland, Mr I McCrea, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Paisley Jnr, Rt Hon Dr Ian Paisley, Mr Poots, Mr G Robinson, Mr Ross, Mr Shannon, Mr Simpson, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr B Wilson.
Tellers for the Ayes: Mr Buchanan and Mr Easton.
Noes
Mr Adams, Mr Attwood, Mr Beggs, Mr Boylan, Mr Brady, Mr Brolly, Mr Butler, Mr W Clarke, Mr Cobain, Mr Cree, Mr Durkan, Mr Elliott, Mr Gallagher, Mrs Hanna, Mr G Kelly, Mr Kennedy, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Mr McClarty, Mr B McCrea, Dr McDonnell, Mrs McGill, Mr McGimpsey, Mr McGlone, Mr McKay, Mr McLaughlin, Mr Molloy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Ms S Ramsey, Mr K Robinson.
Tellers for the Noes: Mr McCallister and Mr B McCrea.
The Amendment fell.
HEALTH AND SOCIAL CARE (REFORM) BILL
MARSHALLED LIST OF AMENDMENTS
CONSIDERATION STAGE
Monday 1 December 2008
Amendments tabled up to and including Thursday, 27 November 2008
_______________________________________________________________
The Bill will be considered in the following order-
Clauses, Schedules and Long Title
Amendment 1
Clause 1 , Page 2, Line 5
Leave out paragraph 1(5)(b)
Mr Alex Easton
Mr Thomas Buchanan
Amendment 2
Clause 1 , Page 2, Line 6
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 3
Clause 1 , Page 2, Line 7
Leave out ‘Support’ and insert ‘Business’
Minister of Health, Social Services and Public Safety
Amendment 4
Clause 1 , Page 2, Line 8
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 5
Clause 2 , Page 2, Line 41
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 6
Clause 2 , Page 2, Line 41
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 7
Clause 4 , Page 3, Line 32
Leave out subsection (3) and insert -
‘(3) Where the Department is of the opinion that because of the urgency of the matter it is necessary to act under subsection (1) without consultation —
(a) subsection (2) does not apply; but
(b) the Department must as soon as reasonably practicable give notice to such bodies as it thinks appropriate of the grounds on which the Department formed that opinion.’
Minister of Health, Social Services and Public Safety
Amendment 8
Clause 5 , Page 4, Line 27
Leave out ‘may’ and insert ‘must’
Minister of Health, Social Services and Public Safety
Amendment 9
Clause 6 , Page 4, Line 35
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 10
Clause 6 , Page 4, Line 36
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 11
Clause 6 , Page 4, Line 40
Leave out subsection (3) and insert -
‘(3) Where the Department is of the opinion that because of the urgency of the matter it is necessary to give directions under subsection (1) without consulting the body concerned —
(a) subsection (2) does not apply; but
(b) the Department must as soon as reasonably practicable give notice to that body of the grounds on which the Department formed that opinion.
(3A) Where the Department is of the opinion that (for any reason other than the urgency of the matter) it is not reasonably practicable to comply with subsection (2) —
(a) that subsection does not apply; but
(b) the Department must as soon as reasonably practicable give notice to the body concerned of the grounds on which the Department formed that opinion.’
Minister of Health, Social Services and Public Safety
Amendment 12
Clause 8 , Page 5, Line 33
Leave out lines 33 and 34 and insert -
‘(3A) The Regional Board —
(a) must, in drawing up the commissioning plan, consult the Regional Agency and have due regard to any advice or information provided by it; and
(b) must not publish a commissioning plan unless it has been approved by the Regional Agency.’
Minister of Health, Social Services and Public Safety
Amendment 13
Clause 9 , Page 6, Line 11
At end insert -
‘( ) The area prescribed under section (2) must consist of the whole of one or more local government districts.’
Mr Thomas Buchanan
Mr Alex Easton
Amendment 14
Clause 9 , Page 6, Line 21
Leave out ‘consult RAPHSW’ and insert ‘work in collaboration with the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 15
Clause 9 , Page 6, Line 23
Leave out ‘other’
Minister of Health, Social Services and Public Safety
Amendment 16
Clause 10 , Page 7, Line 10
Leave out subsection (4) and insert -
‘(4) Where the Regional Board is of the opinion that because of the urgency of the matter it is necessary to give directions under subsection (1) without consulting the HSC trust concerned —
(a) subsection (3)(a) does not apply; but
(b) the Regional Board must as soon as reasonably practicable give notice to the HSC trust concerned of the grounds on which the Regional Board formed that opinion.’
Minister of Health, Social Services and Public Safety
Amendment 17
Clause 12 , Page 8, Line 5
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Clause 12
The Members listed below give notice of their intention to oppose the question that Clause 12 stand part of the Bill.
Mr Alex Easton
Mr Thomas Buchanan
Amendment 18
Clause 13 , Page 8, Line 7
Leave out ‘RAPHSW’ and insert ‘The Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 19
Clause 13 , Page 8, Line 15
After ‘health promotion’ insert ‘, including in particular enabling people in Northern Ireland to increase control over and improve their health and social well-being.’
Minister of Health, Social Services and Public Safety
Amendment 20
Clause 13 , Page 8, Line 23
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 21
Clause 13 , Page 8, Line 27
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 22
Clause 13 , Page 8, Line 33
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 23
Clause 13 , Page 8, Line 34
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 24
Clause 13 , Page 9, Line 1
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 25
Clause 13 , Page 9, Line 3
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Clause 13
The Members listed below give notice of their intention to oppose the question that Clause 13 stand part of the Bill.
Mr Alex Easton
Mr Thomas Buchanan
Amendment 26
Clause 14 , Page 9, Line 10
Leave out ‘Support’ and insert ‘Business’
Minister of Health, Social Services and Public Safety
Amendment 27
Clause 14 , Page 9, Line 12
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 28
Clause 15 , Page 9, Line 14
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 29
Clause 15 , Page 9, Line 28
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 30
Clause 15 , Page 9, Line 35
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 31
Clause 15 , Page 9, Line 37
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 32
Clause 17 , Page 11, Line 6
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 33
Clause 18 , Page 12, Line 2
After ‘have’ insert ‘due’
Minister of Health, Social Services and Public Safety
Amendment 34
Clause 20 , Page 13, Line 5
After ‘have’ insert ‘due’
Minister of Health, Social Services and Public Safety
Amendment 35
Clause 21 , Page 13, Line 16
After ‘of’ insert ‘, and reducing health inequalities between,’
Minister of Health, Social Services and Public Safety
Amendment 36
Clause 24 , Page 15, Line 11
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 37
Clause 26 , Page 15, Line 39
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 38
Clause 27 , Page 16, Line 24
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 39
Clause 27 , Page 16, Line 34
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 40
Clause 31 , Page 19, Line 17
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 41
Clause 31 , Page 19, Line 19
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 42
Clause 31 , Page 19, Line 19
Leave out ‘Support’ and insert ‘Business’
Minister of Health, Social Services and Public Safety
Amendment 43
Schedule 2
Leave out Schedule 2 and insert -
‘Schedule 2
The Regional Agency for Public Health and Social Well-being
Status
1. —(1) The Regional Agency shall not be regarded —
(a) as the servant or agent of the Crown; or
(b) as enjoying any status, immunity or privilege of the Crown.
(2) The property of the Regional Agency shall not be regarded as property of, or held on behalf of, the Crown.
(3) Where land in which the Department has an interest is managed, used or occupied by the Regional Agency, the interest of the Department shall be treated for the purposes of any statutory provision or rule of law relating to Crown land or interests as if it were an interest held otherwise than by, or on behalf of, the Crown.
(4) The Regional Agency shall, notwithstanding that it is exercising any functions on behalf of the Department, be entitled to enforce any rights acquired and shall be liable in respect of any liabilities incurred (including liabilities in tort) in the exercise of those functions in all respects as if it were acting as a principal, and all proceedings for the enforcement of such rights or liabilities shall be brought by or against the Regional Agency in its own name.
(5) Subject to the provisions of this Schedule, section 19 of the Interpretation Act ( Northern Ireland) 1954 (c. 33) applies to the Regional Agency.
General powers
2. —(1) Subject to any directions given by the Department, the Regional Agency may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.
(2) But the Regional Agency may not borrow money.
Membership
3. —(1) The Regional Agency shall consist of —
(a) a Chair appointed by the Department;
(b) a prescribed number of persons appointed by the Department;
(c) the chief officer of the Regional Agency;
(d) such other officers of the Regional Agency as may be prescribed;
(e) not more than a prescribed number of other officers of the Regional Agency appointed by the Chair and the members specified in heads (b) and (c); and
(f) a prescribed number of members of district councils appointed by the Department in such manner as may be prescribed.
(2) Except in so far as regulations otherwise provide, no person who is an officer of the Regional Agency may be appointed under sub-paragraph (1)(a) or (b).
(3) Regulations may provide that all or any of the persons appointed under sub-paragraph (1)(b) must fulfil prescribed conditions or hold posts of a prescribed description.
Remuneration and allowances
4. —(1) The Regional Agency shall pay to its members such remuneration and allowances as the Department may determine.
(2) A determination of the Department under this paragraph requires the approval of the Department of Finance and Personnel.
Term of office
5. —(1) The term of office of members of the Regional Agency appointed under paragraph 3(1)(a), (b), (e) or (f) shall be 4 years or such other period as may be determined by the Department at the time the appointments are made.
(2) A member of the Regional Agency specified in paragraph 3(1)(c), (d) or (e) —
(a) who ceases to hold the qualifying office, shall cease to be a member of the Regional Agency;
(b) who is suspended from the qualifying office, shall be suspended from membership of the Regional Agency while suspended from that office.
(3) In sub-paragraph (2) “the qualifying office” in relation to a member of the Regional Agency means the office under the Regional Agency which the member held at the time of becoming a member of the Regional Agency.
(4) A member of the Regional Agency specified in paragraph 3(1)(f) who ceases to be a member of a district council shall cease to be a member of the Regional Agency.
Resignation and removal
6. —(1) A member of the Regional Agency appointed under paragraph 3(1)(a), (b) or (f) —
(a) may resign membership by serving notice on the Department;
(b) may be removed from office by the Department.
(2) A member of the Regional Agency appointed under paragraph 3(1)(e) may be removed from office by the Chair and the members specified in paragraph 3(1)(b) and (c).
(3) Where any member of the Regional Agency —
(a) is absent from the meetings of the Regional Agency for more than 6 months consecutively, except for an approved reason; or
(b) is convicted of an indictable offence;
the Regional Agency shall forthwith, by resolution, declare the office to be vacant and shall notify that fact in such manner as it thinks fit, and thereupon the office shall become vacant.
(4) In sub-paragraph (3)(a) “approved reason” means a reason approved —
(a) in the case of members appointed under paragraph 3(1)(e), by the Chair and the members specified in paragraph 3(1)(b) and (c);
(b) in the case of any other member, by the Department.
(5) Where the place of a member specified in paragraph 3(1)(a), (b), (e) or (f) becomes vacant before the expiration of the member’s term of office whether by death, resignation or otherwise, the vacancy shall be filled by appointment —
(a) in the case of a member specified in paragraph 3(1)(a) or (b), by the Department;
(b) in the case of a member specified in paragraph 3(1)(e), by the Chair and the members specified in paragraph 3(1)(b) and (c);
(c) in the case of a member specified in paragraph 3(1)(f), by the Department in such manner as may be prescribed;
and any person so appointed shall hold office for the remainder of the term of office of the former member.
Committees
7. —(1) The Regional Agency may appoint one or more committees to which it may delegate such of its functions as it thinks fit.
(2) References in this Schedule to a committee are to a committee appointed under this paragraph.
(3) A person who is not a member of the Regional Agency shall not, except with the approval of the Department, be appointed to a committee.
(4) The Regional Agency may pay to members of its committees who are neither members nor employees of the Regional Agency such remuneration and allowances as the Regional Agency may, with the approval of the Department, determine.
(5) Every member of a committee who, at the time of appointment, was a member of the Regional Agency shall, on ceasing to be a member of the Regional Agency, also cease to be a member of the committee.
Sub-committees
8. —(1) The Regional Agency or a committee may appoint a sub-committee to consider and report to the Regional Agency or, as the case may be, the committee on any matter within the competence of the Regional Agency or the committee.
(2) References in this Schedule to a sub-committee are to a sub-committee appointed under this paragraph.
(3) A sub-committee may include persons who are not members of the Regional Agency or the committee which appoints the sub-committee.
Proceedings
9. Without prejudice to section 19(1)(a)(v) of the Interpretation Act ( Northern Ireland) 1954 (c. 33), the Regional Agency shall make standing orders regulating the procedure of the Regional Agency, its committees and sub-committees, including provision regulating —
(a) the convening of meetings;
(b) the fixing of the quorum; and
(c) the conduct of business at meetings.
Validity of proceedings
10. The proceedings of the Regional Agency or of any committee or sub-committee are not invalidated —
(a) by any vacancy in the membership of the Regional Agency or the committee or sub-committee;
(b) by any defect in the appointment of any of its members; or
(c) by any failure to comply with paragraph 9.
Disclosure of pecuniary, etc., interests and related provisions
11. —(1) Subject to sub-paragraph (2), sections 28 to 33 and 146 of the Local Government Act (Northern Ireland) 1972 (c. 9) and section 148 of that Act so far as it applies for the interpretation of those sections, shall apply to the Regional Agency, a committee or sub-committee and to a member of the Regional Agency, a committee or sub-committee as if —
(a) in those sections —
(i) any reference to a council were a reference to the Regional Agency, a committee or sub-committee,
(ii) any reference to a councillor were a reference to a member of the Regional Agency, a committee or sub-committee,
(iii) any reference to the clerk of the council were a reference to the chief officer of the Regional Agency, and
(iv) any reference to that Act were a reference to this Act;
(b) in section 28(4) of that Act the words “or 46” were omitted and for the words from “by any local elector” onwards there were substituted the words “by any person.”.
(2) Notwithstanding anything in sub-paragraph (1), an officer of the Regional Agency who is a member of the Regional Agency may vote upon any matter which affects the interests of officers of the Regional Agency or such officers of any class (including a class to which the officer belongs), but must not vote upon any matter affecting only the officer’s individual interest.
The chief officer and other staff
12. —(1) There shall be a chief officer of the Regional Agency who shall be a member of the staff of the Regional Agency and shall be responsible to the Regional Agency for the general exercise of its functions.
(2) Subject to paragraph 13 —
(a) the first chief officer shall be appointed by the Department; and
(b) any subsequent chief officer shall be appointed by the Regional Agency.
13. —(1) The qualifications, remuneration and conditions of service of officers of the Regional Agency may be determined by the Department.
(2) Regulations may make provision with respect to —
(a) the method of appointment of officers of the Regional Agency;
(b) the qualifications, remuneration and conditions of service of such officers of the Regional Agency as may be prescribed;
and an officer such as is mentioned in head (b) shall not be employed otherwise than in accordance with the regulations.
(3) Determinations or regulations under sub-paragraph (1) or (2) may provide for approvals or determinations to have effect from a date specified in them.
(4) The date mentioned in sub-paragraph (3) may be before or after the date of giving the approvals or making the determinations but may not be before if it would be to the detriment of the officers to whom the approvals or determinations relate.
(5) The appointment and removal from office of such officers of the Regional Agency as may be prescribed is subject to the approval of the Department.
Application of the seal
14. The application of the seal of the Regional Agency shall be authenticated by the signatures of —
(a) at least one member of the Regional Agency appointed under paragraph 3(1)(a) or (b); and
(b) the chief officer of the Regional Agency.
Execution of documents
15. —(1) Any document which if executed by an individual would not require to be executed as a deed may be executed on behalf of the Regional Agency by any person generally or specially authorised by the Regional Agency for that purpose.
(2) In any legal proceedings any document purporting to have been so executed on behalf of the Regional Agency shall be deemed to be so executed until the contrary is proved.
Finance
16. —(1) The Department may make payments to the Regional Agency out of money appropriated for the purpose.
(2) Payments under this paragraph shall be made on such terms and conditions as the Department may determine.
(3) Subject to sub-paragraph (4), the Regional Agency must pay to the Department all sums received by it in the course of, or in connection with, the carrying out of its functions.
(4) Sub-paragraph (3) does not apply to such sums, or sums of such description, as the Department may, with the approval of the Department of Finance and Personnel, direct.
(5) Any sums received by the Department under sub-paragraph (3) shall be paid into the Consolidated Fund.
Accounts
17. —(1) The Regional Agency shall —
(a) keep proper accounts and proper records in relation to the accounts; and
(b) prepare a statement of accounts in respect of each financial year.
(2) The statement of accounts shall —
(a) be in such form; and
(b) contain such information,
as the Department may, with the approval of the Department of Finance and Personnel, direct.
(3) The Regional Agency shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to —
(a) the Department; and
(b) the Comptroller and Auditor General.
(4) The Comptroller and Auditor General shall —
(a) examine, certify and report on every statement of accounts received from the Regional Agency under this paragraph; and
(b) send a copy of any such report to the Department.
(5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General’s report before the Assembly.
Annual report
18. —(1) The Regional Agency shall within such period after the end of each financial year as the Department may direct, prepare and send to the Department a report in such form, and containing such information, as may be prescribed.
(2) The Department shall lay a copy of the report before the Assembly.
Interpretation
19. In paragraphs 17 and 18 —
“Comptroller and Auditor General” means the Comptroller and Auditor General for Northern Ireland;
“financial year” means —
(a) the period beginning with the day on which the Regional Agency is established and ending on the next following 31st March; and
(b) each subsequent period of 12 months ending on 31st March.
Information
20. —(1) The Regional Agency shall record such information with respect to the exercise of its functions as the Department may direct.
(2) Information shall be recorded in such form, and retained for such period, as the Department may determine.
(3) The Regional Agency shall, in relation to its functions, furnish to the Department, such reports, returns and other information as the Department may require.
Default powers of Department
21. —(1) The powers conferred by this paragraph are exercisable by the Department if it is satisfied that the Regional Agency has without reasonable excuse failed to discharge any of its functions adequately or at all.
(2) The Department may —
(a) make an order declaring the Regional Agency to be in default; and
(b) direct the Regional Agency to discharge such of its functions, in such manner and within such period or periods, as may be specified in the direction.
(3) If the Regional Agency fails to comply with the Department’s direction under sub-paragraph (2), the Department may —
(a) discharge the functions to which the direction relates itself; or
(b) make arrangements for any other person to discharge those functions on its behalf.’
Minister of Health, Social Services and Public Safety
Schedule 2
The Members listed below give notice of their intention to oppose the question that Schedule 2 stand part of the Bill.
Mr Alex Easton
Mr Thomas Buchanan
Amendment 44
Schedule 3
Leave out Schedule 3 and insert -
‘schedule 3
The Regional BUSINESS Services Organisation
Status
1. —(1) RBSO shall not be regarded —
(a) as the servant or agent of the Crown; or
(b) as enjoying any status, immunity or privilege of the Crown.
(2) The property of RBSO shall not be regarded as property of, or held on behalf of, the Crown.
(3) Where land in which the Department has an interest is managed, used or occupied by RBSO, the interest of the Department shall be treated for the purposes of any statutory provision or rule of law relating to Crown land or interests as if it were an interest held otherwise than by, or on behalf of, the Crown.
(4) RBSO shall, notwithstanding that it is exercising any functions on behalf of the Department, be entitled to enforce any rights acquired and shall be liable in respect of any liabilities incurred (including liabilities in tort) in the exercise of those functions in all respects as if it were acting as a principal, and all proceedings for the enforcement of such rights or liabilities shall be brought by or against RBSO in its own name.
(5) Subject to the provisions of this Schedule, section 19 of the Interpretation Act ( Northern Ireland) 1954 (c. 33) applies to RBSO.
General powers
2. —(1) Subject to any directions given by the Department, RBSO may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.
(2) But RBSO may not borrow money.
Membership
3. —(1) RBSO shall consist of —
(a) a Chair appointed by the Department;
(b) a prescribed number of members appointed by the Department;
(c) the chief officer of RBSO; and
(d) such other officers of RBSO as may be prescribed.
(2) Except in so far as regulations otherwise provide, no person who is an officer of RBSO may be appointed under sub-paragraph (1)(a) or (b).
(3) Regulations may provide that all or any of the persons appointed under sub-paragraph (1)(b) must fulfil prescribed conditions or hold posts of a prescribed description.
Remuneration and allowances
4. —(1) RBSO shall pay to its members such remuneration and allowances as the Department may determine.
(2) A determination of the Department under this paragraph requires the approval of the Department of Finance and Personnel.
Appointment, procedure etc.
5. Regulations may make provision as to —
(a) the appointment of members of RBSO under paragraph 3(1)(b) and (d) (including any conditions to be fulfilled for appointment);
(b) the tenure of office of the Chair and other members (including the circumstances in which they cease to hold office or may be removed or suspended from office);
(c) the appointment of, constitution of, and exercise of functions by, committees and sub-committees (including committees and sub-committees which consist of or include persons who are not members of RBSO);
(d) the procedure of RBSO and any committees or sub-committees (including the validation of proceedings in the event of vacancies or defects in appointment);
(e) the staff, premises and expenses of RBSO;
(f) such other matters in connection with RBSO as the Department thinks fit.
The chief officer
6. —(1) There shall be a chief officer of RBSO who shall be a member of the staff of RBSO and shall be responsible to RBSO for the general exercise of its functions.
(2) Subject to regulations made under paragraph 5(e) —
(a) the first chief officer shall be appointed by the Department;
(b) any subsequent chief officer shall be appointed by RBSO.
Application of the seal
7. The application of the seal of RBSO shall be authenticated by the signature —
(a) of any member of RBSO; and
(b) of any other person who has been authorised by RBSO (whether generally or specifically) for that purpose.
Execution of documents
8. —(1) Any document which if executed by an individual would not require to be executed as a deed may be executed on behalf of RBSO by any person generally or specially authorised by RBSO for that purpose.
(2) In any legal proceedings any document purporting to have been so executed on behalf of RBSO shall be deemed to be so executed until the contrary is proved.
Finance
9. —(1) The Department may make payments to RBSO out of money appropriated for the purpose.
(2) Payments under this paragraph shall be made on such terms and conditions as the Department may determine.
Accounts
10. —(1) RBSO shall —
(a) keep proper accounts and proper records in relation to the accounts; and
(b) prepare a statement of accounts in respect of each financial year.
(2) The statement of accounts shall —
(a) be in such form; and
(b) contain such information,
as the Department may, with the approval of the Department of Finance and Personnel, direct.
(3) RBSO shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to —
(a) the Department; and
(b) the Comptroller and Auditor General.
(4) The Comptroller and Auditor General shall —
(a) examine, certify and report on every statement of accounts received from RBSO under this paragraph; and
(b) send a copy of any such report to the Department.
(5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General’s report before the Assembly.
Annual report
11. —(1) RBSO shall within such period after the end of each financial year as the Department may direct, prepare and send to the Department a report in such form, and containing such information, as may be prescribed.
(2) RBSO shall publish any report prepared under sub-paragraph (1) in such manner as the Department may direct.
(3) The Department shall lay a copy of the report before the Assembly.
Interpretation
12. In paragraphs 10 and 11 —
“Comptroller and Auditor General” means the Comptroller and Auditor General for Northern Ireland;
“financial year” means —
(a) the period beginning with the day on which RBSO is established and ending on the next following 31st March; and
(b) each subsequent period of 12 months ending on 31st March.
Information
13. —(1) RBSO shall at such times as the Department may direct —
(a) provide the Department or a specified body with such information, and
(b) permit the Department or the specified body to inspect and take copies of such documents,
relating to RBSO’s functions as the Department may direct.
(2) In sub-paragraph (1) “specified body” means a body specified in directions under that sub-paragraph.
Default powers of Department
14. —(1) The powers conferred by this paragraph are exercisable by the Department if it is satisfied that RBSO has without reasonable excuse failed to discharge any of its functions adequately or at all.
(2) The Department may —
(a) make an order declaring RBSO to be in default; and
(b) direct RBSO to discharge such of its functions, in such manner and within such period or periods, as may be specified in the direction.
(3) If RBSO fails to comply with the Department’s direction under sub-paragraph (2), the Department may —
(a) discharge the functions to which the direction relates itself; or
(b) make arrangements for any other person to discharge those functions on its behalf.’
Minister of Health, Social Services and Public Safety
Amendment 45
Schedule 5 , Page 41, Line 38
After ‘of a’ insert ‘transferor or’
Minister of Health, Social Services and Public Safety
Amendment 46
Schedule 5 , Page 43, Line 13
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 47
Schedule 6 , Page 44, Line 2
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 48
Schedule 6 , Page 44, Line 7
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 49
Schedule 6 , Page 44, Line 30
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 50
Schedule 6 , Page 44, Line 31
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 51
Schedule 6 , Page 45, Line 19
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 52
Schedule 6 , Page 45, Line 24
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 53
Schedule 6 , Page 45, Line 28
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 54
Schedule 6 , Page 46, Line 24
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 55
Schedule 6 , Page 46, Line 25
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 56
Schedule 6 , Page 47, Line 34
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 57
Schedule 6 , Page 47, Line 38
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 58
Schedule 6 , Page 47, Line 39
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 59
Schedule 6 , Page 48, Line 41
Leave out ‘Support’ and insert ‘Business’
Minister of Health, Social Services and Public Safety
Amendment 60
Schedule 6 , Page 49, Line 4
Leave out ‘Support’ and insert ‘Business’
Minister of Health, Social Services and Public Safety
Amendment 61
Schedule 6 , Page 51, Line 14
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 62
Schedule 6 , Page 51, Line 15
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 63
Schedule 6 , Page 51, Line 20
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 64
Schedule 6 , Page 51, Line 21
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 65
Schedule 6 , Page 51, Line 33
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 66
Schedule 6 , Page 51, Line 34
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 67
Schedule 6 , Page 52, Line 2
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 68
Schedule 6 , Page 52, Line 6
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 69
Schedule 6 , Page 52, Line 7
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 70
Schedule 6 , Page 52, Line 9
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 71
Schedule 6 , Page 53, Line 8
Leave out ‘Support’ and insert ‘Business’
Minister of Health, Social Services and Public Safety
Amendment 72
Schedule 6 , Page 53, Line 23
Leave out ‘Support’ and insert ‘Business’
Minister of Health, Social Services and Public Safety
Amendment 73
Schedule 6 , Page 53, Line 38
Leave out ‘the Regional Board or RAPHSW’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
Amendment 74
Schedule 6 , Page 54, Line 4
Leave out ‘RAPHSW’ and insert ‘the Regional Agency’
Minister of Health, Social Services and Public Safety
Amendment 75
Schedule 6 , Page 54, Line 5
Leave out ‘RSSO’ and insert ‘RBSO’
Minister of Health, Social Services and Public Safety
NORTHERN IRELAND ASSEMBLY
PAPERS PRESENTED TO THE ASSEMBLY FROM
26 NOVEMBER TO 1 DECEMBER 2008
-
Acts of the Northern Ireland Assembly
- Bills of the Northern Ireland Assembly
Education Bill (NIA Bill 3/08) - Orders in Council
- Publications Laid in the Northern Ireland Assembly
Department for Social Development's Social Fund Annual Report 2007/2008 (NIA 59/08-09)
Ninth Annual Report of the Equality Commission for Northern Ireland 2007-2008 (NIA 48/08-09)
Finance Accounts of Northern Ireland for the year ending 31 March 2008 (NIA 52/08-09) - Assembly Reports
Report on Warm Homes: Tackling Fuel Poverty (Public Accounts Committee) - Statutory Rules
(The Department identified after each rule is for reference purposes only.)
S.R. 2008/459 The Drumcroon Road and Crevolea Road, Aghadowey (Abandonment) Order ( Northern Ireland) 2008 (DRD)
S.R. 2008/460 The Dromore Avenue and Highlands Road, Limavady (Footway) (Abandonment) Order (Northern Ireland 2008) (DRD)
S.R. 2008/469 The Old Belfast Road, Bangor (Abandonment) Order ( Northern Ireland) 2008 (DRD)
S.R. 2008/470 The Old Tullygarley Road, Ballymena (Abandonment) Order ( Northern Ireland) 2008 (DRD)
S.R. 2008/473 The Less Favoured Area Compensatory Allowances (No.2) Regulations ( Northern Ireland) 2008 (DARD)
S.R. 2008/474 The Christmas Bonus (Relevant Week) Order ( Northern Ireland) 2008 (DSD)
S.R. 2008/478 The Social Security (Lone Parents and Miscellaneous Amendments) Regulations ( Northern Ireland) 2008 (DSD)
For Information Only:
S.R. 2008/444 Pensions Appeal Tribunals ( Northern Ireland) (Amendment) Rules 2008
S.R. 2008/461 The Waiting Restrictions (Newtownabbey) Order ( Northern Ireland) 2008 (DRD)
S.R. 2008/462 The Parking Places on Roads (Enniskillen) (Amendment) Order ( Northern Ireland) 2008 (DRD)
S.R. 2008/463 The Bus Lane ( Lisburn Road, Belfast) Order ( Northern Ireland) 2008 (DRD)
S.R. 2008/464 The Cycle Tracks (Westlink) Order ( Northern Ireland) 2008 (DRD)
S.R. 2008/467 The Cycle Routes (Amendment No.5) Order ( Northern Ireland) 2008
S.R. 2008/468 The Waiting Restrictions (Portglenone) Order ( Northern Ireland) 2008
- Consultation Documents
The Waste Management Strategy Regulations ( Northern Ireland) 2009 (DOE) - Departmental Publications
Annual Report of the Social Fund Commissioner for Northern Ireland 2007-2008 (DSD) - Agency Publications
- Westminster Publications
- Miscellaneous Publications