Northern Ireland Assembly Flax Flower Logo

No. 30-08/09

MINUTE OF PROCEEDINGS

MONDAY 26 JANUARY 2009

The Assembly met at noon, the Speaker in the Chair

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Speaker’s Business

2.1 The Speaker made a statement in relation to matters of order raised during the sitting on 20 January 2009. He also delivered rulings on the use of unparliamentary language during the sitting on 20 January 2009 and then invited Mr Mark Durkan to withdraw unparliamentary remarks made during the debate. Mr Durkan withdrew the remarks.

2.2 The Speaker informed Members that Royal Assent had been signified on 21 January 2009 to the Health and Social Care (Reform) Act (Northern Ireland) 2009.

3. Executive Committee Business

3.1 Motion - Suspension of Standing Orders

Proposed: That Standing Orders 10(2) to 10(4) be suspended for 26 January 2009.

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

3.2 Further Consideration Stage - Financial Assistance Bill (NIA 4/08)

The deputy First Minister, Mr Martin McGuiness, moved that the Further Consideration Stage of the Financial Assistance Bill be agreed.

13 amendments were tabled to the Bill.

Clauses

After debate Amendment 1 to Clause 1 was negatived on division (Division No. 1).

After debate Amendment 2 to Clause 1 was negatived on division (Division No. 2).

After debate Amendment 3 to Clause 1 was negatived without division.

The Deputy Speaker (Mr McClarty) in the chair.

The debate was suspended for Question Time.

The Speaker 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, Mr Sammy Wilson.

4.3 Minister of Finance and Personnel

Questions were put to, and answered by, the Minister, Mr Nigel Dodds.

The Deputy Speaker (Mr McClarty) in the chair.

4.4 Assembly Commission

Questions were put to, and answered by, Members of the Assembly Commission.

5. Executive Committee Business (cont’d)

5.1 Further Consideration Stage - Financial Assistance Bill (NIA 4/08) (cont’d)

Debate resumed on the Further Consideration Stage of the Bill.

After debate Amendment 4 to Clause 2 was negatived on division (Division No. 3).

After debate Amendment 5 to Clause 2 was negatived without division.

After debate Amendment 6 to Clause 2 was negatived without division.

After debate Amendment 7 to Clause 2 was negatived without division.

After debate Amendment 8 to Clause 2 was negatived without division.

After debate Amendment 9 to Clause 2 was negatived without division.

After debate Amendment 10 to Clause 2 was negatived without division.

After debate Amendment 11 to Clause 2 was negatived without division.

After debate Amendment 12 to Clause 3 was negatived on division (Division No. 4).

After debate Amendment 13 to Clause 4 was negatived on division (Division No. 5).

Bill (NIA 4/08) passed Further Consideration Stage and stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

The Deputy Speaker (Mr Molloy) in the chair.

6. Committee Business

6.1 Motion - Statutory Committee Membership

Proposed: That Mr Tom Elliott replace Mr Ken Robinson as a member of the Committee for Education.

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

7. Private Members’ Business

7.1 Motion - Welfare of Animals Act

Proposed: That this Assembly calls on the Minister of Agriculture and Rural Development, in light of recent events, to review the welfare of animals legislation as a matter of urgency to ensure that animal welfare standards are at least equivalent to those in the rest of the United Kingdom.

[Mr T Elliott]
[Mr J McCallister]
[Mr G Savage]

7.2 Amendment

Proposed: At end insert:

‘and the Republic of Ireland.’

[Mr P J Bradley]
[Mr T Burns]

Debate ensued.

The Amendment being put, the Amendment fell without division.

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

8. Adjournment

Proposed: That the Assembly do now adjourn.

[The Speaker]

The Assembly adjourned at 7.22 pm.

Mr William Hay
The Speaker
26 January 2009

NORTHERN IRELAND ASSEMBLY

26 JANUARY 2009

DIVISIONS

Division No. 1

Further Consideration Stage: Financial Assistance Bill - Amendment No. 1

Proposed: Clause 1, Page 1, Line 18

At end insert -

‘(3A) The relevant department shall notify, as soon as is practicable, the appropriate statutory committee of any designation under this section.’

[Mrs D Kelly]
[Mr D O'Loan]

The Question was put and the Assembly divided.

Ayes: 34

Noes: 55

Ayes

Mr Armstrong, Mr Attwood, Mr Beggs, Mr D Bradley, Mr P J Bradley, Mr Burns, Mr Burnside, Mr Cobain, Rev Dr R Coulter, Mr Cree, Mr Durkan, Mr Elliott, Dr Farry, Mr Ford, Mr Gallagher, Mr Gardiner, Mrs D Kelly, Ms Lo, Mrs Long, Mr Lunn, Mr A Maginness, Mr McCallister, Mr McCarthy, Mr McClarty, Mr B McCrea, Mr McFarland, Mr McGlone, Mr Neeson, Mr O’Loan, Ms Purvis, Mr P Ramsey, Mr K Robinson, Mr Savage, Mr B Wilson.

Tellers for the Ayes: Mr D Bradley and Mr O’Loan.

Noes

Mr Adams, Ms Anderson, Mr Boylan, Mr Brady, Mr Bresland, Mr Brolly, Lord Browne, Mr Butler, Mr Campbell, Mr T Clarke, Mr W Clarke, Mr Craig, Mr Dodds, Mr Doherty, Mr Easton, Mrs Foster, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Mr I McCrea, Dr W McCrea, Mr McElduff, Mrs McGill, Mr M McGuinness, Miss McIlveen, Mr McLaughlin, Mr McQuillan, Mr Molloy, Lord Morrow, Mr Moutray, Mr Newton, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr Paisley Jnr, Rt Hon Dr Ian Paisley, Mr Poots, Ms S Ramsey, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Ms Ruane, Mr Shannon, Mr Simpson, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr S Wilson.

Tellers for the Noes: Mr Brolly and Mr Moutray.

Amendment No. 1 fell.

NORTHERN IRELAND ASSEMBLY

26 JANUARY 2009

DIVISIONS

Division No. 2

Further Consideration Stage: Financial Assistance Bill - Amendment No. 2

Proposed: Clause 1, Page 1, Line 20

At end insert -

‘(4A) Regulations made under this section, if made by a department other than the Department of Finance and Personnel, require the approval of that department.’

[Mrs D Kelly]
[Mr D O'Loan]

The Question was put and the Assembly divided.

Ayes: 34

Noes: 56

Ayes

Mr Armstrong, Mr Attwood, Mr Beggs, Mr D Bradley, Mr P J Bradley, Mr Burns, Mr Burnside, Mr Cobain, Rev Dr R Coulter, Mr Cree, Mr Durkan, Mr Elliott, Dr Farry, Mr Ford, Mr Gallagher, Mr Gardiner, Mrs D Kelly, Ms Lo, Mrs Long, Mr Lunn, Mr A Maginness, Mr McCallister, Mr McCarthy, Mr McClarty, Mr B McCrea, Mr McFarland, Mr McGlone, Mr Neeson, Mr O’Loan, Ms Purvis, Mr P Ramsey, Mr K Robinson, Mr Savage, Mr B Wilson.

Tellers for the Ayes: Mr D Bradley and Mr O’Loan.

Noes

Mr Adams, Ms Anderson, Mr Boylan, Mr Brady, Mr Bresland, Mr Brolly, Lord Browne, Mr Butler, Mr Campbell, Mr T Clarke, Mr W Clarke, Mr Craig, Mr Dodds, Mr Doherty, Mr Easton, Mrs Foster, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Mr I McCrea, Dr W McCrea, Mr McElduff, Mrs McGill, Mr M McGuinness, Miss McIlveen, Mr McKay, Mr McLaughlin, Mr McQuillan, Mr Molloy, Lord Morrow, Mr Moutray, Mr Newton, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr Paisley Jnr, Rt Hon Dr Ian Paisley, Mr Poots, Ms S Ramsey, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Ms Ruane, Mr Shannon, Mr Simpson, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr S Wilson.

Tellers for the Noes: Mr Brolly and Mr Moutray.

Amendment No. 2 fell.

NORTHERN IRELAND ASSEMBLY

26 JANUARY 2009

DIVISIONS

Division No. 3

Further Consideration Stage: Financial Assistance Bill - Amendment No. 4

Proposed: Clause 2, Page 2, Line 7

After ‘acting jointly,’ insert ‘and with the agreement of the Executive Committee,’

[Mr D Kennedy]
[Mr T Elliott]

The Question was put and the Assembly divided.

Ayes: 23

Noes: 54

Ayes

Mr Attwood, Mr Beggs, Mr D Bradley, Mr P J Bradley, Mr Burns, Mr Cobain, Mr Cree, Mr Durkan, Mr Elliott, Mr Gallagher, Mr Gardiner, Mrs D Kelly,  Mr A Maginness, Mr McCallister, Mr B McCrea,  Mr McFarland, Mr McGlone, Mr O’Loan, Ms Purvis, Mr P Ramsey, Mr K Robinson, Mr Savage, Mr B Wilson.

Tellers for the Ayes: Mr Elliott and Mr McCallister.

Noes

Ms Anderson, Mr Boylan, Mr Brady, Mr Bresland,  Mr Brolly, Lord Browne, Mr Buchanan, Mr Butler,  Mr Campbell, Mr T Clarke, Mr Dodds, Mr Doherty,  Rt Hon J Donaldson, Mr Easton, Mrs Foster, Ms Gildernew, Mr Hamilton, Mr Hilditch, Mr G Kelly, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann,  Mr McCartney, Mr McCausland, Mr I McCrea,  Dr W McCrea, Mrs McGill, Mr M McGuinness,  Miss McIlveen, Mr McKay, Mr McLaughlin,  Mr McQuillan, Mr Molloy, Lord Morrow, Mr Moutray, Mr Murphy, Mr Newton, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Rt Hon Dr Ian Paisley, Ms S Ramsey,  Mr G Robinson, Rt Hon P Robinson, Mr Ross, Ms Ruane, Mr Shannon, Mr Simpson, Mr Spratt, Mr Storey,  Mr Weir, Mr Wells, Mr S Wilson.

Tellers for the Noes: Mr Boylan and Mr Moutray.

The following Members voted in both Lobbies and are therefore not counted in the result:

Dr Farry, Mr Ford, Mrs Long, Mr Lunn, Mr McCarthy.

Amendment No. 4 fell.

NORTHERN IRELAND ASSEMBLY

26 JANUARY 2009

DIVISIONS

Division No. 4

Further Consideration Stage: Financial Assistance Bill - Amendment No. 12

Proposed: Clause 3, Page 3, Line 13

Leave out from ‘disputes’ to ‘to’ and insert ‘data protection issues, disputes as to overpayment recovery,’

[Mrs D Kelly]
[Mr D O'Loan]

The Question was put and the Assembly divided.

Ayes: 24

Noes: 53

Ayes

Mr Attwood, Mr Beggs, Mr P J Bradley, Mr Burns,  Mr Cobain, Mr Durkan, Mr Elliott, Dr Farry, Mr Ford, Mr Gallagher, Mr Gardiner, Mrs D Kelly, Mrs Long, Mr Lunn, Mr A Maginness, Mr McCallister,  Mr McCarthy, Mr B McCrea, Mr McGlone, Mr O’Loan, Ms Purvis, Mr P Ramsey, Mr Savage, Mr B Wilson.

Tellers for the Ayes: Mrs D Kelly and Mr O’Loan.

Noes

Mr Adams, Ms Anderson, Mr Brady, Mr Bresland,  Mr Brolly, Lord Browne, Mr Buchanan, Mr Butler,  Mr Campbell, Mr T Clarke, Mr Craig, Mr Dodds,  Mr Doherty, Rt Hon J Donaldson, Mr Easton, Mrs Foster,  Ms Gildernew, Mr Hamilton, Mr Hilditch, Mr G Kelly, Mr A Maskey, Mr P Maskey, Mr F McCann,  Ms J McCann, Mr McCartney, Mr McCausland, Mr I McCrea, Dr W McCrea, Mrs McGill,  Mr M McGuinness, Miss McIlveen, Mr McKay,  Mr McLaughlin, Mr McQuillan, Mr Molloy,  Lord Morrow, Mr Moutray, Mr Murphy, Mr Newton, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Rt Hon Dr Ian Paisley, Mr Poots, Ms S Ramsey,  Mr G Robinson, Rt Hon P Robinson, Mr Ross, Ms Ruane, Mr Shannon, Mr Simpson, Mr Spratt, Mr Weir.

Tellers for the Noes: Mr P Maskey and Mr Moutray.

Amendment No. 12 fell.

NORTHERN IRELAND ASSEMBLY

26 JANUARY 2009

DIVISIONS

Division No. 5

Further Consideration Stage: Financial Assistance Bill - Amendment No. 13

Proposed: Clause 4, Page 3, Line 37

At end insert -

‘(6) The First Minister and deputy First Minister shall lay a report, by means of a statement, annually to the Assembly on the operation of any schemes made under this Act.’

[Mrs N Long]
[Mr D Ford]
[Dr S Farry]

The Question was put and the Assembly divided.

Ayes: 23

Noes: 53

Ayes

Mr Attwood, Mr Beggs, Mr P J Bradley, Mr Burns,  Mr Cobain, Mr Elliott, Dr Farry, Mr Ford,  Mr Gallagher, Mr Gardiner, Mrs D Kelly, Mrs Long, Mr Lunn, Mr A Maginness, Mr McCallister,  Mr McCarthy, Mr B McCrea, Mr McGlone, Mr O’Loan, Ms Purvis, Mr P Ramsey, Mr Savage, Mr B Wilson.

Tellers for the Ayes: Mr Lunn and Mr McCarthy.

Noes

Mr Adams, Ms Anderson, Mr Brady, Mr Bresland,  Mr Brolly, Lord Browne, Mr Buchanan, Mr Butler,  Mr Campbell, Mr T Clarke, Mr Craig, Mr Dodds,  Mr Doherty, Rt Hon J Donaldson, Mr Easton, Mrs Foster,  Ms Gildernew, Mr Hamilton, Mr Hilditch, Mr G Kelly, Mr A Maskey, Mr P Maskey, Mr F McCann,  Ms J McCann, Mr McCartney, Mr McCausland,  Mr I McCrea, Dr W McCrea, Mrs McGill,  Mr M McGuinness, Miss McIlveen, Mr McKay,  Mr McLaughlin, Mr McQuillan, Mr Molloy,  Lord Morrow, Mr Moutray, Mr Murphy, Mr Newton, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Rt Hon Dr Ian Paisley, Mr Poots, Ms S Ramsey,  Mr G Robinson, Rt Hon P Robinson, Mr Ross, Ms Ruane, Mr Shannon, Mr Simpson, Mr Spratt, Mr Weir.

Tellers for the Noes: Mr Brolly and Mr Moutray.

Amendment No. 13 fell.

FINANCIAL ASSISTANCE BILL

MARSHALLED LIST OF AMENDMENTS

FURTHER CONSIDERATION STAGE

Monday 26 January 2009

Amendments tabled up to and including Thursday, 22 January 2009

The Bill will be considered in the following order-

Clauses and Long Title

Amendment 1

Clause 1, Page 1, Line 18

At end insert -

‘(3A) The relevant department shall notify, as soon as is practicable, the appropriate statutory committee of any designation under this section.’

Mrs Dolores Kelly
Mr Declan O'Loan

Amendment 2

Clause 1, Page 1, Line 20

At end insert -

‘(4A) Regulations made under this section, if made by a department other than the Department of Finance and Personnel, require the approval of that department.’

Mrs Dolores Kelly
Mr Declan O'Loan

Amendment 3

Clause 1, Page 2, Line 4

At end insert -

‘(8) The relevant department shall, within 1 year of the commencement of the scheme, provide a report on the operation of the scheme to the appropriate statutory committee.’

Mrs Dolores Kelly
Mr Declan O'Loan

Amendment 4

Clause 2, Page 2, Line 7

After ‘acting jointly,’ insert ‘and with the agreement of the Executive Committee,’

Mr Danny Kennedy
Mr Tom Elliott

Amendment 5

Clause 2, Page 2, Line 7

At end insert -

‘( ) that exceptional circumstances exist,’

Mrs Dolores Kelly
Mr Declan O'Loan

Amendment 6

Clause 2, Page 2, Line 8

Leave out ‘a’ and insert ‘an unforeseen’

Mr Danny Kennedy
Mr Tom Elliott

Amendment 7

Clause 2, Page 2, Line 13

Leave out line 13 and insert ‘be ineffective or inadequate, and’

Mrs Dolores Kelly
Mr Declan O'Loan
Mr Danny Kennedy
Mr Tom Elliott

Amendment 8

Clause 2, Page 2, Line 16

Leave out ‘6 months’ and insert ‘3 months’

Mr Danny Kennedy
Mr Tom Elliott

Amendment 9

Clause 2, Page 2, Line 25

At end insert -

‘(3A) The relevant department shall notify, as soon as is practicable, the appropriate statutory committee of any designation under this section.’

Mrs Dolores Kelly
Mr Declan O'Loan

Amendment 10

Clause 2, Page 2, Line 27

At end insert -

‘(4A) Regulations made under this section, if made by a department other than the Department of Finance and Personnel, require the approval of that department.’

Mrs Dolores Kelly
Mr Declan O'Loan

Amendment 11

Clause 2, Page 2, Line 35

At end insert -

‘(8) The relevant department shall, within 1 year of the commencement of the scheme, provide a report on the operation of the scheme to the appropriate statutory committee.’

Mrs Dolores Kelly
Mr Declan O'Loan

Amendment 12

Clause 3, Page 3, Line 13

Leave out from ‘disputes’ to ‘to’ and insert ‘data protection issues, disputes as to overpayment recovery,’

Mrs Dolores Kelly
Mr Declan O'Loan

Amendment 13

Clause 4, Page 3, Line 37

At end insert -

‘(6) The First Minister and deputy First Minister shall lay a report, by means of a statement, annually to the Assembly on the operation of any schemes made under this Act.’

Mrs Naomi Long
Mr David Ford
Dr Stephen Farry

NORTHERN IRELAND ASSEMBLY

PAPERS PRESENTED TO THE ASSEMBLY FROM

21 TO 26 JANUARY 2009

  1. Acts of the Northern Ireland Assembly
  2. Bills of the Northern Ireland Assembly
  3. Orders in Council
  4. Publications Laid in the Northern Ireland Assembly
    The Agri-Food and Biosciences Institute Annual Report and Statement of Accounts 2007/08 (NIA 17/08-09)
    Third Annual Report on the Operation of the Gangmasters (Licensing) Act 2004 (NIA 65/08-09)
    The Northern Ireland Practice and Education Council for Nursing and Midwifery Accounts (NIA 76/08-09)
  5. Assembly Reports
  6. Statutory Rules
    (The Department identified after each rule is for reference purposes only.)
    S.R. 2009/17 The Planning (Control of Advertisements) (Amendment) Regulations (Northern Ireland) 2009
For Information Only:

S.R. 2009/18 The B3 Plantation Road C364 Clare Road, Craigavon (Abandonment) Order (Northern Ireland) 2009 (DRD)

  1. Consultation Documents
    Consultation on the Draft Education (Pupil Records and Reporting) Regulations (Northern Ireland) 2009 (DE)
    Consultation on the Implementation of the Cap Health Check Milk Quota Increases (DARD)

  2. Departmental Publications
    Setting Local Speed Limits in Northern Ireland (DRD)
    A survey of leavers from the New Deal for 18 to 24 year olds and New Deal 25+ programmes (DEL)

  3. Agency Publications

  4. Westminster Publications

  1. Miscellaneous Publications