No. 42-08/09
MINUTE OF PROCEEDINGS
MONDAY 9 MARCH 2009
The Assembly met at noon, the Speaker in the Chair
1. Personal Prayer or Meditation
Members observed two minutes’ silence.
2. Matters of the Day - Dissident Republican Attack at Massereene Army Base, Antrim
2.1 Party leaders made a statement, under Standing Order 24, in relation to the Dissident Republican attack at Massereene Army Base, Antrim on Saturday 7 March 2009.
3. Speaker’s Business
3.1 The Speaker informed Members that Royal Assent had been signified on 6 March 2009 to the Budget Act ( Northern Ireland) 2009.
4. Executive Committee Business
4.1 Consideration Stage - Presumption of Death Bill (NIA 23/07)
The Minister of Finance and Personnel, Mr Nigel Dodds, moved that the Consideration Stage of the Presumption of Death Bill be agreed.
10 amendments were tabled to the Bill.
Clauses
After debate, Amendments 1 and 2 to Clause 1 were made without division.
The question being put, it was agreed without division that Clause 1 (as amended) stand part of the Bill.
The question being put, it was agreed without division that Clauses 2 to 5 stand part of the Bill.
After debate, Amendment 3 to Clause 6 was made without division.
The question being put, it was agreed without division that Clause 6 (as amended) stand part of the Bill.
After debate, Amendment 4 to Clause 7 was made without division.
The question being put, it was agreed without division that Clause 7 (as amended) stand part of the Bill.
The question being put, it was agreed without division that Clauses 8 to 10 stand part of the Bill.
After debate, Amendment 5 inserting a new clause was made without division.
The question being put, it was agreed without division that Clauses 11 to 15 stand part of the Bill.
After debate, Amendments 6 and 7 to Clause 16 were made without division.
The question being put, it was agreed without division that Clause 16 (as amended) stand part of the Bill.
The question being put, it was agreed without division that Clauses 17 and 18 stand part of the Bill.
After debate, Amendments 8 and 9 to Clause 19 were made without division.
The question being put, it was agreed without division that Clause 19 (as amended) stand part of the Bill.
The question being put, it was agreed without division that Clause 20 stand part of the Bill.
Schedules
After debate, Amendment 10 to Schedule 1 was made without division.
The question being put, it was agreed without division that Schedule 1 (as amended) stand part of the Bill.
The question being put, it was agreed without division that Schedules 2 and 3 stand part of the Bill.
Long Title
The question being put, the Long Title was agreed without division.
Bill (NIA 23/07) passed Consideration Stage and stood referred to the Speaker.
5. Private Members’ Business
5.1 Motion - Social Security Offices
Proposed: That this Assembly calls on the Minister for Social Development to withdraw her plans to revise services at Social Security Offices as recommended under the Strategic Business Review, following a similar decision being taken in England.
[Mr G Robinson]
[Mr A McQuillan]
[Mr D Simpson]
Debate ensued.
Debate was suspended for Question Time.
The Deputy Speaker (Mr Dallat) in the chair.
6. Question Time
6.1 Minister for Regional Development
Questions were put to, and answered by, the Minister, Mr Conor Murphy.
6.2 Minister of Agriculture and Rural Development
Questions were put to, and answered by, the Minister, Ms Michelle Gildernew.
6.3 Minister of Culture, Arts and Leisure
Questions were put to, and answered by, the Minister, Mr Gregory Campbell.
The Deputy Speaker (Mr McClarty) in the chair.
7. Private Members’ Business (cont’d)
7.1 Motion - Social Security Offices (cont’d)
Debate resumed on the Motion.
The Question being put, the Motion was carried without division.
7.2 Motion - Country of Origin Labelling
Proposed: That this Assembly recognises the importance of adding value to local produce in an increasingly competitive international market; notes the benefits of having rigorous traceability systems; and calls on the Minister of Agriculture and Rural Development to ensure the early introduction of accurate country-of-origin labelling based on where animals are reared.
[Mr W Irwin]
[Mr E Poots]
Debate ensued.
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 5.42 pm .
Mr William Hay
The Speaker
9 March 2009
MARSHALLED LIST OF AMENDMENTS
CONSIDERATION STAGE
Monday 9 March 2009
Amendments tabled up to and including Thursday, 5 March 2009
The Bill will be considered in the following order-
Clauses, Schedules and Long Title
Amendment 1
Clause 1 , Page 1, Line 17
At end insert -
‘or
(c) the applicant is a close relative of the missing person where the missing person is a victim of violence (within the meaning of section 1(4) of the Northern Ireland (Location of Victims’ Remains) Act 1999).’
Minister of Finance and Personnel
Amendment 2
Clause 1 , Page 2, Line 4
Leave out ‘subsection’ and insert ‘subsections (2)(c) and’
Minister of Finance and Personnel
Amendment 3
Clause 6 , Page 4, Line 12
After ‘declaration’ insert ‘(other than a capital sum which has been distributed by way of an annuity or other periodical payment)’
Minister of Finance and Personnel
Amendment 4
Clause 7 , Page 4, Line 42
After ‘sum’ insert ‘(other than in respect of an annuity or other periodical payment)’
Minister of Finance and Personnel
Amendment 5
New Clause
After clause 10 insert -
‘Disclosure of information
10A. – (1) Where the High Court is of the opinion that it is necessary for the purpose of disposing of proceedings under section 1 or section 5, the Court may, of its own motion or on the application of a party to the proceedings, make an order requiring any person who is not a party to the proceedings to disclose to the Court such information as the Court considers relevant to the determination of the question of whether a missing person is alive or dead as may be specified in the order.
(2) Nothing in subsection (1) shall impose a duty to disclose information –
(a) which is permitted or required by any rule of law to be withheld on grounds of public interest immunity;
(b) which any person would be entitled to refuse to provide on grounds of legal professional privilege;
(c) if the disclosure of that information might incriminate the person disclosing the information, or his or her spouse or civil partner, of an offence.
(3) Before making an order under subsection (1), the High Court must serve notice of its intention to make the order on any person who, in the opinion of the Court, is likely to be affected by the order.
(4) The High Court may discharge or vary an order made by it under this section on an application made to the Court by any person affected by the order.
(5) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to orders under this section.
(6) This section binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.’
Minister of Finance and Personnel
Amendment 6
Clause 16 , Page 8, Line 4
At end insert -
‘“insurer” means any person who provides for the payment of benefits on the death of any person;’
Minister of Finance and Personnel
Amendment 7
Clause 16 , Page 8
Leave out lines 20 to 32
Minister of Finance and Personnel
Amendment 8
Clause 19 , Page 9, Line 10
At end insert -
‘( ) section 9(1);’
Minister of Finance and Personnel
Amendment 9
Clause 19 , Page 9, Line 10
At end insert -
‘( ) section 10A(5);’
Minister of Finance and Personnel
Amendment 10
Schedule 1 , Page 11, Line 18
At end insert -
‘( ) Where it appears to the Registrar General that the death of a missing person, being a person to whom an entry in the Register of Presumed Deaths relates, has been registered in the register of deaths or recorded in any register kept or maintained under the law of a country or territory outside Northern Ireland corresponding in nature to the register of deaths, the Registrar General must mark or annotate the relevant entry in the Register of Presumed Deaths accordingly.’
NORTHERN IRELAND ASSEMBLY
PAPERS PRESENTED TO THE ASSEMBLY FROM
4 TO 9 MARCH 2009
1. Acts of the Northern Ireland Assembly
Building Regulations (Amendment) Act ( Northern Ireland) 2009
2. Bills of the Northern Ireland Assembly
3. Orders in Council
4. Publications Laid in the Northern Ireland Assembly
Postgraduate Medical Education and Training Board Annual Report and Accounts 2006/07 (NIA 96/08-09)
Postgraduate Medical Education and Training Board Annual Report and Accounts 2007/08 (NIA 97/08-09)
5. Assembly Reports
Inquiry into Assembly Questions (Committee on Procedures)
6. Statutory Rules
(The Department identified after each rule is for reference purposes only.)
S.R. 2009/65 The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations ( Northern Ireland) 2009 (DHSSPS)
S.R. 2009/71 The Pre-release Access to Official Statistics Order ( Northern Ireland) 2009 (DFP)
S.R. 2009/72 The Public Service Vehicles (Licence Fees) (Amendment) Regulations ( Northern Ireland) 2009 (DOE)
S.R. 2009/73 The Motor Vehicles (Driving Licences) (Amendment) (Test Fees) Regulations ( Northern Ireland) 2009 (DOE)
S.R. 2009/76 The Waste Management Licensing (Amendment) Regulations ( Northern Ireland) 2009 (DOE)
S.R. 2009/78 The Pension Protection Fund (Miscellaneous Amendments) Regulations ( Northern Ireland) 2009 (DSD)
For Information Only:
S.R. 2009/75 (C.4) The Pensions (2008 Act) (Commencement No. 2) Order ( Northern Ireland) 2009 (DSD)
7. Consultation Documents
Consultation on the Review of Support Arrangements for Less Favoured Areas in Northern Ireland (DARD)
Common Agricultural Policy (CAP) Health Check: Consultation on policy options arising from the CAP Health Check agreement (DARD)
Consultation on Draft Environmental and Social Guidance for Water and Sewerage Services (2010-13) (DRD)
8. Departmental Publications
9. Agency Publications
Statistics from the Northern Ireland Drug Addicts Index 2008 (Statistics and Research Agency)