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.
[First Minister and deputy First Minister]
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.
[Mr F Cobain]
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
- Acts of the Northern Ireland Assembly
- Bills of the Northern Ireland Assembly
- Orders in Council
- 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) - Assembly Reports
- 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)
-
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) -
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) -
Agency Publications
-
Westminster Publications
- Miscellaneous Publications