No. 60-08/09

MINUTE OF PROCEEDINGS

TUESDAY 2 JUNE 2009

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

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Executive Committee Business

2.1 Motion - Social Security (Incapacity Benefit) (Amendment) Regulations ( Northern Ireland) 2009

Proposed: That the Social Security (Incapacity Benefit) (Amendment) Regulations ( Northern Ireland) 2009 be approved.

[Minister for Social Development]

Debate ensued.

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

3. Committee Business

3.1 Motions to Amend Standing Orders

(a) - Motion - Amend Standing Order 10(2) (a)

- Proposed: In Standing Order 10(2), leave out sub-paragraph (a) and insert-

'(a) there shall be a period for questions as set out in Standing Orders 20 and 20A;'

[Chairperson, Committee on Procedures]

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

(b)- Motion - Amend Standing Order 10(2) (c)

- Proposed: In Standing Order 10(2), leave out sub-paragraph (c).

[Chairperson, Committee on Procedures]

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

(c) - Motion - Amend Standing Orders 19 and 20

- Proposed: Leave out Standing Orders 19 and 20 and insert -

‘19. QUESTIONS

(1) A member may ask questions of –

(a) a Minister, on matters relating to the Minister's official responsibilities;

(b) a member representing the Assembly Commission, on matters relating to the Commission's official responsibilities.

(2) A question should not contain –

(a) statements of facts or names of persons, unless they are necessary to make the question intelligible and can be authenticated;

(b) arguments, inferences or imputations;

(c) adjectives, unless they are necessary to make the question intelligible;

(d) ironical expressions;

(e) hypothetical matter; or

(f) requests for expressions of opinion, legal or otherwise.

(3) A question may be –

(a) for oral answer (see Standing Order 20);

(b) for urgent oral answer (see Standing Order 20A); or

(c) for written answer (see Standing Order 20B).

(4) A question must –

(a) be in writing;

(b) indicate the type of answer sought, within the meaning of paragraph (3);

(c) be submitted to the Business Office by the member, or by the person authorised in writing by the member;

(d) be submitted by hand, by post, by email or by fax.

(5) A question must be answered as clearly and as fully as possible.

20. QUESTIONS FOR ORAL ANSWER

(1) Questions for oral answer for Ministers shall be taken between –

(a) 2.30 pm and 3.30 pm on those Mondays; and

(b) 3.00 pm and 3.30 pm on those Tuesdays;

on which the Assembly is sitting. Where questions for members representing the Assembly Commission are to be taken, they shall be taken after questions for Ministers.

(2) If for any reason the Assembly does not sit on a day when questions for oral answer would normally be taken, the Speaker may allocate additional time for questions on the nearest day when the Assembly does sit.

(3) The Speaker shall from time to time consult the Business Committee on the need to provide additional time for questions.

(4) A rota, agreed by the Business Committee, shall determine who should answer questions on a particular day.

(5) A member who wishes to ask a question of a Minister at a particular sitting shall submit his or her name in advance to the Speaker who shall select 15 members by ballot.

(6) Each member selected shall submit his or her question to the Business Office, and the Business Office shall publish the questions on the penultimate Friday before the day they are due to be taken.

(7) The Speaker shall determine, by means of a random selection, the order in which questions are taken. However, the first question may not be from a member of the same party as the Minister to whom it is addressed, unless all the questions are from members of that party.

(8) Answers may not be debated, but the member asking the question may ask a supplementary question. Further supplementary questions may be asked at the discretion of the Speaker.

(9) Where –

(a) the member who submitted the question is not present to ask it; or

(b) the question is not reached in the time allocated for questions;

the Minister or member representing the Assembly Commission to whom the question is addressed shall give a written answer. This question and answer shall be published in the Official Report (Hansard).

(10) No question shall be taken outside the time allocated for questions except a question which has not been answered in consequence of the absence, in exceptional circumstances, of the Minister or member representing the Assembly Commission to whom it is addressed.

(11) Where a question or supplementary question is asked of the First Minister and deputy First Minister which relates to a matter in respect of which the junior Ministers in the Office of the First Minister and deputy First Minister have been assigned a specific responsibility by the First Minister and deputy First Minister, the First Minister or deputy First Minister, as appropriate, may call upon a junior Minister in OFMDFM to answer the question. The First Minister or deputy First Minister shall be present in the Chamber during the time for questions for oral answer.

20A. QUESTIONS FOR URGENT ORAL ANSWER

(1) A question for urgent oral answer may be taken if, in the opinion of the Speaker, it is of an urgent nature and relates to a matter of public importance.

(2) A member may ask a question on the day it is submitted if -

(a) it is submitted before 10.30 am; and

(b) the Minister or member representing the Assembly Commission to whom it is addressed is given a minimum of four hours’ notice.

(3) Subject to paragraph (2)(b), the time for taking questions shall be at the discretion of the Speaker.

(4) Paragraphs (8) and (11) of Standing Order 20 shall apply to questions for urgent oral answer as they apply to questions for oral answer.

20B. QUESTIONS FOR WRITTEN ANSWER

(1) A member may submit up to five questions for written answer each working day, one of which may be for priority answer.

(2) Priority questions shall indicate whether an answer is sought within two, three, four or five working days.

(3) The Business Office shall publish all written questions.

(4) The Minister or member representing the Assembly Commission to whom a question is addressed shall answer it –

(a) by the end of ten clear working days after it is published; or

(b) in the case of a question for priority answer, by the end of two, three, four or five clear working days (as the case may be) after it is published.

(5) A question for priority answer should not request a large amount of historical or statistical information.

(6) The Minister or member representing the Assembly Commission to whom a written question is addressed shall cause the question and answer to be printed in the Official Report (Hansard).’

[Chairperson, Committee on Procedures]

Debate ensued.

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

4. Private Members’ Business

4.1 Motion - Royal Mail

Proposed: That this Assembly notes the proposals by the Secretary of State for Business, Enterprise and Regulatory Reform who plans a ‘joint venture’ between a foreign private operator and Royal Mail; objects to this proposal as it would not guarantee the necessary investment into the U.K. postal industry; and supports the Communication Workers Union campaign to ‘Keep the Post Public’.

[Mr A McQuillan]
[Lord Browne]
[Mr J Shannon]
[Mr G Robinson]

Debate ensued.

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

The sitting was suspended at 12.21 pm.

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

4.2 Motion - Regulation and Quality Improvement Authority

Proposed: That this Assembly calls on the Minister of Health, Social Services and Public Safety to review the powers available to the Regulation and Quality Improvement Authority (RQIA); and asks if the RQIA is using these powers effectively.

[Mr D McKay]
[Mrs M O’Neill]
[Mr J O’Dowd]

Debate ensued.

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

5. Adjournment

Mr Barry McElduff spoke to his topic on environmental damage caused by gold mining operations at Cavanacaw, Omagh.

Proposed: That the Assembly do now adjourn.

[The Speaker]

The Assembly adjourned at 3.21 pm.

Mr William Hay
The Speaker
2 June 2009

 

NORTHERN IRELAND ASSEMBLY
PAPERS PRESENTED TO THE ASSEMBLY ON
2 JUNE 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

Fisheries Conservancy Board for Northern Ireland Annual Report and Financial Statements for the year ended 31 December 2006 (NIA 118/08-09)

Minerals and Petroleum Licensing Statement 2006-2007 (NIA 137/08-09)

5. Assembly Reports

6. Statutory Rules

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

S.R. 2009/211 The Further Education (Student Support) (Eligibility) Regulations ( Northern Ireland) 2009 ( DEL)

S.R. 2009/217 The Glen Road, Londonderry (Abandonment) Order ( Northern Ireland) 2009 (DRD)

S.R. 2009/218 The Frances Street, Newtownards (Footway) (Abandonment) Order ( Northern Ireland) 2009 (DRD)

S.R. 2009/219 The Newforge Road, Magheralin (Footway) (Abandonment) Order ( Northern Ireland) 2009 (DRD)

For Information Only :

S.R. 2009/213 The Parking Places, Loading Bays and Waiting Restrictions (Antrim) (Amendment) Order ( Northern Ireland) 2009 (DRD)

S.R. 2009/214 The Parking Places on Roads (Newry) Order ( Northern Ireland) 2009 (DRD)

7. Written Ministerial Statements

8. Consultation Documents

Reforming the Medical Statement - Consultation on Draft Regulations May 2009 (DSD)

9. Departmental Publications

10. Agency Publications

11. Westminster Publications

12. 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 2 JUNE 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	18.03.09
*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	30.03.09	27.04.09
/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	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