Northern Ireland Assembly Flax Flower Logo

No. 43-08/09

MINUTE OF PROCEEDINGS

TUESDAY 10 MARCH 2009

The Assembly met at 10.30 am, the Speaker in the Chair

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Matters of the Day - Murder of a Police Officer in Craigavon

2.1 Party leaders or their representatives made a statement, under Standing Order 24, in relation to the murder of a police officer in Craigavon on Monday 9 March 2009. Members observed one minute’s silence.

3. Speaker’s Business

3.1 The Speaker informed Members that he would be absent on Monday 16 March 2009, as he would be away on official Assembly business.

4. Executive Committee Business

4.1 Statement - Department for Employment and Learning’s Response to the Economic Downturn

The Minister for Employment and Learning, Sir Reg Empey, made a statement to the Assembly regarding the Department for Employment and Learning’s response to the economic downturn, following which he replied to questions.

5. Private Members’ Business

5.1 Motion - Mortgage Rescue Plan

Proposed: That this Assembly expresses concern at the increasing levels of house repossessions and calls on the Minister for Social Development to bring forward a Mortgage Rescue Plan as soon as possible.

[Mr M Brady]
[Mr F McCann]
[Ms C Ní Chuilín]
[Ms J McCann]

Debate ensued.

The sitting was suspended at 12.30 pm.

The sitting resumed at 2.00 pm, with the Deputy Speaker (Mr Molloy) in the chair.

Debate resumed on the Motion.

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

5.2 Motion - Dual Mandates

A valid Petition of Concern was presented in relation to this motion under Standing Order 28. The vote on the motion was therefore taken on a cross-community basis.

Proposed: That this Assembly calls on the Office of the First Minister and deputy First Minister to request the U.K. Government to bring forward legislation to prohibit dual mandates of the devolved institutions in Northern Ireland, Scotland and Wales, and the U.K. Parliament.

[Mr D Kennedy]
[Mr T Elliott]

5.3 Amendment No. 1

Proposed: Leave out all after ‘Assembly’ and insert:

‘notes that the issue of multiple mandates, including Council membership, is to be further considered by the Assembly and Executive Review Committee; and believes that a phased approach to this matter represents the best way forward.’

[Miss M McIlveen] [R]
[Mr T Clarke] [R]
[Mr S Hamilton] [R]

5.4 Amendment No. 2

Proposed: Leave out all after ‘Assembly’ and insert:

‘calls on the U.K. Government to bring forward legislation to prohibit dual mandates in the devolved institutions and the U.K. Parliament; and requests that the Assembly and Executive Review Committee reports with recommendations for a definite timetable for ending dual or multiple mandates in this Assembly, including interim deadlines for prohibiting dual mandates being held by Ministers.’

[Mr A Attwood]
[Mr M Durkan] [R]
[Mrs C Hanna]
[Mr D O’Loan] [R]

Debate ensued.

Amendment No. 1 being put, the Amendmentwas made (Division No. 1).

Amendment No. 2 was not put.

The Question being put, the Motion, as amended, was carried with cross-community support (Division No. 2) .

The Deputy Speaker (Mr McClarty) in the chair.

5.5 Motion - Violence Against Teachers

Proposed: That this Assembly notes the increasing reports of violence towards school principals and teachers; and calls on the Minister of Education to address this matter urgently, by establishing a joint working party with the recognised teachers’ unions, statutory agencies and other stakeholders, to ensure that uniform recording and reporting mechanisms are in place for all schools, that a training and awareness programme is developed for all teachers, and that principals and governors are provided with appropriate advice and guidance on dealing with violence against staff in schools.

[Mr D Bradley]
[Mrs M Bradley]

Debate ensued.

The Deputy Speaker (Mr Dallat) in the chair.

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

6. Adjournment

Mr Ian Paisley Jnr spoke on The Hope Centre, Ballymena.

Proposed: That the Assembly do now adjourn.

[The Speaker]

The Assembly adjourned at 6.44 pm .

Mr William Hay
The Speaker
10 March 2009

NORTHERN IRELAND ASSEMBLY
10 MARCH 2009
DIVISIONS

Division No. 1

Dual Mandates - Amendment No. 1

Proposed: Leave out all after ‘Assembly’ and insert:

‘notes that the issue of multiple mandates, including Council membership, is to be further considered by the Assembly and Executive Review Committee; and believes that a phased approach to this matter represents the best way forward.’

[Miss M McIlveen] [R]
[Mr T Clarke] [R]
[Mr S Hamilton] [R]

The Question was put and the Assembly divided.

Ayes: 46

Noes: 24

Ayes

Ms Anderson, Mr Boylan, Mr Brady, Mr Bresland, Mr Butler, Mr Campbell, Mr T Clarke, Mr W Clarke, Mr Craig, Dr Deeny, Mr Dodds, Mr Easton, Dr Farry, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr G Kelly, Ms Lo, Mr Lunn, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McCarthy, Mr McCartney, Mr McCausland, Mr I McCrea, Mrs McGill, Miss McIlveen, Mr McKay, Mr McLaughlin, Mr McQuillan, Mr Murphy, Mr Newton, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr Paisley Jnr, Mr Poots, Ms S Ramsey, Mr G Robinson, Mr Ross, Ms Ruane, Mr Shannon, Mr Storey, Mr Weir, Mr Wells.

Tellers for the Ayes: Mr Bresland and Mr Hamilton.

Noes

Mr Armstrong, Mr Attwood, Mr Beggs, Mr D Bradley, Mrs M Bradley, Mr Burns, Mr Cobain, Rev Dr Robert Coulter, Mr Cree, Mr Dallat, Mr Elliott, Mr Gallagher, Mrs Hanna, Mrs D Kelly, Mr A Maginness, Mr McCallister, Mr McClarty, Mr B McCrea, Mr McFarland, Mr McNarry, Mr O’Loan, Ms Purvis, Mr P Ramsey, Mr K Robinson.

Tellers for the Noes: Mr Beggs and Mr Elliott.

The Amendment No. 1 was agreed.

NORTHERN IRELAND ASSEMBLY
10 MARCH 2009
DIVISIONS

Division No. 2

Dual Mandates – Motion as amended

Proposed: Leave out all after ‘Assembly’ and insert:

‘That this Assembly notes that the issue of multiple mandates, including Council membership, is to be further considered by the Assembly and Executive Review Committee; and believes that a phased approach to this matter represents the best way forward.’

[Miss M McIlveen] [R]
[Mr T Clarke] [R]
[Mr S Hamilton] [R]

The Question was put and the Assembly divided on a cross-community basis.

Ayes: 47

Noes: 26

Ayes
NATIONALIST:

Ms Anderson, Mr Boylan, Mr Brady, Mr Butler, MrW Clarke, Mr G Kelly, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McCartney, Mrs McGill, Mr McKay, Mr McLaughlin, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Ms S Ramsey, Ms Ruane.

UNIONIST:

Mr Bresland, Mr Campbell, Mr T Clarke, Mr Craig, Mr Dodds, Rt Hon J Donaldson, Mr Easton, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr McCausland, Mr I McCrea, Miss McIlveen, Mr McQuillan, Mr Newton, Mr Paisley Jnr, Mr Poots, Mr G Robinson, Mr Ross, Mr Shannon, Mr Storey, Mr Weir, Mr Wells.

OTHER:

Dr Deeny, Dr Farry, Ms Lo, Mr Lunn, Mr McCarthy.

Tellers for the Ayes: Mr Bresland and Mr Paisley Jnr.

Noes
NATIONALIST:

Mr Attwood, Mr D Bradley, Mrs M Bradley, Mr Burns, Mr Dallat, Mr Durkan, Mr Gallagher, Mrs Hanna, Mrs D Kelly, Mr A Maginness, Mr O’Loan, Mr P Ramsey.

UNIONIST:

Mr Armstrong, Mr Beggs, Mr Cobain, Rev Dr Robert Coulter, Mr Cree, Mr Elliott, Mr Gardiner, Mr McCallister, Mr McClarty, Mr B McCrea, Mr McFarland, Mr McNarry, Ms Purvis, Mr K Robinson.

Tellers for the Noes: Mr Beggs and Mr Elliott.

Total votes        73  Total Ayes       47        [64.4%]

Nationalist Votes 31 Nationalist Ayes 19        [61.3%]

Unionist Votes   37  Unionist Ayes  23        [62.2%]

Other Votes        5  Other Ayes        5          [100.0%]

The Motion, as amended, was agreed on a cross-community basis.

NORTHERN IRELAND ASSEMBLY

PETITION OF CONCERN

MOTION: DUAL MANDATES

Date to be debated : 10 MARCH 2009

The undersigned Members of the Northern Ireland Assembly present this Petition of Concern in accordance with Standing Order 28.

NAME
ALLAN BRESLAND
WALLACE BROWNE
THOMAS BUCHANAN
GREGORY CAMPBELL
TREVOR CLARKE
JONATHAN CRAIG
NIGEL DODDS
JEFFREY DONALDSON
ALEX EASTON
ARLENE FOSTER
SIMON HAMILTON
DAVID HILDITCH
WILLIAM IRWIN
NELSON MCCAUSLAND
IAN MCCREA
WILLIAM MCCREA
MICHELLE MCILVEEN
ADRIAN MCQUILLAN
MAURICE MORROW
STEPHEN MOUTRAY
ROBIN NEWTON
IAN PAISLEY
IAN PAISLEY JUNIOR
EDWIN POOTS
GEORGE ROBINSON
IRIS ROBINSON
PETER ROBINSON
JIM SHANNON
DAVID SIMPSON
JIMMY SPRATT
MERVYN STOREY
PETER WEIR
JIM WELLS
SAMMY WILSON
ALASTAIR ROSS

NORTHERN IRELAND ASSEMBLY

PAPERS PRESENTED TO THE ASSEMBLY ON

10 MARCH 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

Northern Ireland Guardian Ad Litem Agency Annual Report 2007-2008 (NIA 77/08-09)

5. Assembly Reports

6. Statutory Rules

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

S.R. 2009/85 The Employer’s Liability (Compulsory Insurance) (Amendment) Regulations ( Northern Ireland) 2009 (DETI)

S.R. 2009/89 The Social Security Benefits Up-rating Order ( Northern Ireland) 2009 (DSD)

7. Consultation Documents

8. Departmental Publications

9. Agency Publications

10. Westminster Publications

11. Miscellaneous Publications

Northern Ireland Assembly Legislation:

Stages in Consideration of Public Bills

First Stage: Introduction of Bill
Second Stage: General debate of the Bill with an opportunity for Members to vote on its general principles
Committee Stage: Detailed investigation by a Committee which concludes with the publication of a report for consideration by the Assembly.
Consideration Stage: Consideration by the Assembly of, and an opportunity for Members to vote on, the details of the Bill including amendments proposed to the Bill.
Further Consideration Stage: Consideration by the Assembly of, and an opportunity for Members to vote on, further amendments to the Bill.
Final Stage: Passing or rejecting of Bill by the Assembly, without further amendment.
Royal Assent

Proceedings as at 9 MARCH 2009

Session 2008-2009

Executive Bills

Title & Bill Number First Stage Second Stage Committee Stage due to Conclude Committee Report Ordered to be Printed Consideration Stage Further
Consideration
Stage
Final Stage Royal Assent
*Charities Bill NIA Bill 9/07
10.12.07
15.01.08
27.06.08
01.05.08
03.06.08
17.06.08
30.06.08
09.09.08
*Building Regulations Bill NIA Bill 11/07
25.02.08
04.03.08
27.06.08
11.06.08
13.01.09
27.01.09
17.02.09
02.03.09
*Goods Vehicles (Licensing of Operators) Bill NIA Bill 15/07
12.05.08
20.05.08
12.12.08
04.12.08
*Public Authorities (Reform) Bill NIA Bill 19/07
17.06.08
30.06.08
12.12.08
19.11.08
09.12.08
12.01.09
20.01.09
16.02.09
*Civil Registration Bill NIA Bill 20/07
17.06.08
01.07.08
20.03.09
*Health and Social Care (Reform) Bill NIA Bill 21/07
23.06.08
01.07.08
05.12.08
13.11.08
01.12.08
09.12.08
12.01.09
21.01.09
*Diseases of Animals Bill NIA Bill 22/07
30.06.08
15.09.08
17.02.09
13.02.09
*Presumption of Death Bill NIA Bill 23/07
01.07.08
15.09.08
16.01.09
14.01.09
09.03.09
/Pensions (No. 2) Bill NIA Bill 2/08
17.11.08
25.11.08
N/A
N/A
02.12.08
08.12.08
09.12.08
15.12.08
Education Bill NIA Bill 3/08
25.11.08
08.12.08
30.09.09
/Financial Assistance Bill NIA Bill 4/08
12.01.09
13.01.09
N/A
N/A
20.01.09
26.01.09
27.01.09
04.02.09
/Budget Bill NIA Bill 5/08
16.02.09
17.02.09
N/A
N/A
24.02.09
02.03.09
03.03.09
06.03.09
Financial Provisions Bill NIA Bill 6/08 23.02.09 03.03.09 13.05.09          

Session 2008-2009

Non-Executive Bills

Title & Bill Number First Stage Second Stage Committee Stage due to Conclude Committee Report Ordered to be Printed Consideration Stage Further Consideration Stage Final Stage Royal Assent

*Carers Allowance Bill NIA Bill 13/07

31.03.08

             

Community Use of School Premises Bill NIA Bill 1/08

13.10.08

             

* Bill carried over from 2007-2008 by the Assembly as Royal Assent had not been achieved.
/ Bill progressing by accelerated passage