No. 06-09/10

MINUTE OF PROCEEDINGS

TUESDAY 29 SEPTEMBER 2009

The Assembly met at 10.30am, the Deputy Speaker (Mr McClarty) in the Chair

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Executive Committee Business

2.1 Statement - Joint Ministerial Committee Plenary Meeting

The First Minister, Rt Hon Peter Robinson, made a statement to the Assembly regarding the Joint Ministerial Committee Plenary meeting, held on 16 September, following which he replied to questions.

2.2 Statement - North-South Ministerial Council Trade and Business Development Sectoral Format Meeting

The Minister of Enterprise, Trade and Investment, Mrs Arlene Foster, made a statement to the Assembly regarding the North-South Ministerial Council Trade and Business Development Sectoral format meeting, held on 8 July 2009, following which she replied to questions.

2.3 Statement – North-South Ministerial Council in Special EU Programmes Sectoral Format Meeting

The Minister of Finance and Personnel, Mr Sammy Wilson, made a statement to the Assembly regarding the North-South Ministerial Council in Special EU Programmes Sectoral format meeting, held on 8 September 2009, following which he replied to questions.

3. Executive Committee Business

3.1 Second Stage - Water and Sewerage Services (Amendment) Bill (NIA 3/09)

The Minister for Regional Development, Mr Conor Murphy, moved that the Second Stage of the Water and Sewerage Services (Amendment) Bill (NIA 3/09) be agreed.

Debate ensued.

The sitting was suspended at 12.32 pm.

The debate resumed at 2.00pm.

NIA Bill 3/09 passed Second Stage.

3.2 Consideration Stage - Rates (Amendment) Bill (NIA 2/09)

The Minister of Finance and Personnel, Mr Sammy Wilson moved that the Consideration Stage of the Rates (Amendment) Bill be agreed.

3 amendments were tabled to the Bill.

Clauses

The question being put, it was agreed without division that Clauses 1 to 5 stand part of the Bill.

After debate, Amendment 1 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.

The question being put, it was agreed without division that Clauses 7 to 18 stand part of the Bill.

After debate, Amendment 2 to Clause 19 was 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 3 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 Schedule 2 stand part of the Bill.

Long Title

The question being put, the Long Title was agreed without division.

Bill passed Consideration Stage and stood referred to the Speaker.

4. Committee Business

4.1 Motion - Public Accounts Committee Reports

Proposed:That this Assembly takes note of the Public Accounts Committee Second (23/08/09R) and Third (38/08/09R) Composite Reports and of the following Committee Reports:

Report on Managing Sickness Absence in the Northern Ireland Civil Service (38/07/08R)

Report on Sea Fisheries: Vessel Modernisation and Decommissioning Schemes (06/08/09R)

Report on Statement of Rate Levy and Collection 2006-07 (13/08/09R)

Report on Delivering Pathology Services: The PFI Laboratory and Pharmacy Centre at Altnagelvin (16/08/09R)

Report on Warm Homes: Tackling Fuel Poverty (18/08/09R)

Report on Shared Services for Efficiency - A Progress Report (21/08/09R)

Report on Brangam, Bagnall & Co: Legal Practitioner Fraud Perpetrated Against the Health and Personal Social Service (26/08/09R)

Report on Road Openings by Utilities (33/08/09R)

Report on the PFI Contract for Northern Ireland’s New Vehicle Testing Facilities (35/08/09R)

Report on Control of Bovine Tuberculosis in Northern Ireland (40/08/09R)

Report on Review of Financial Management in the Further Education Sector in NI and Governance Examination of Fermanagh FE College (41/08/09R)

and the following Department of Finance and Personnel Memoranda of Reply:

Report on Managing Sickness Absence in the Northern Ireland Civil Service (NIA 47/08-09)

Report on Sea Fisheries: Vessel Modernisation and Decommissioning Schemes (NIA 60/08-09)

Report on Statement of Rate Levy and Collection 2006-07 (NIA 74/08-09)

Report on Delivering Pathology Services: The PFI Laboratory and Pharmacy Centre at Altnagelvin (NIA 74/08-09)

Report on Warm Homes: Tackling Fuel Poverty (NIA 91/08-09)

Report on Shared Services for Efficiency – A Progress Report (NIA 91/08-09)

Report on Brangam, Bagnall & Co: Legal Practitioner Fraud Perpetrated Against the Health and Personal Social Services (NIA 110/08-09)

Report on Road Openings by Utilities (NIA 125/08-09)

Report on the PFI Contract for Northern Ireland’s New Vehicle Testing Facilities (NIA 168/08-09)

[Chairperson, Public Accounts Committee]

Debate ensued.

Debate was suspended for Question Time.

The Deputy Speaker (Mr Dallat) in the Chair.

5. Question Time

5.1 Minister of Enterprise, Trade and Development

Questions were put to, and answered by, the Minister, Mrs Arlene Foster.

The Speaker in the Chair.

6. Committee Business (cont’d)

6.1 Motion - Public Accounts Committee Report (cont’d)

Debate resumed on the motion.

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

7. Private Members’ Business

7.1 Motion - Social Tariff System

Proposed: That this Assembly calls on the Department of Enterprise, Trade and Investment and the Department of Social Development to bring forward a proposal to the Utility Regulator, NIE Energy and Phoenix Gas to introduce a Social Tariff System to help people who are most vulnerable to fuel poverty.

[Mrs C McGill]
[Ms J McCann]
[Mr M McLaughlin]

7.2 Amendment

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

, being mindful of the alarmingly high levels of fuel poverty in Northern Ireland and the negative impact high energy prices have on the fuel poor, calls on the Minister for Social Development to work with her Executive colleagues to obtain an accurate assessment of actual need in respect of fuel poverty; notes that social tariffs could result in higher prices for a significant number of households and businesses; and urges consideration of a range of options to assist people most vulnerable to fuel poverty.

[Mr S Hamilton]
[Mr D Simpson]

Debate ensued.

The Deputy Speaker (Mr Molloy) in the Chair.

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

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

8. Adjournment

Lord Browne spoke to his topic on flooding in East Belfast.

Proposed: That the Assembly do now adjourn.

[The Speaker]

The Assembly adjourned at 7.23 pm.

Mr William Hay
The Speaker
29 September 2009

NORTHERN IRELAND ASSEMBLY

29 SEPTEMBER 2009

DIVISIONS

Division No. 1

Social Tariff System - Amendment

The Question was put and the Assembly divided.

Ayes: 36
Noes: 31

Ayes

Mr Armstrong, Mr Beggs, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Craig, Mr Cree, Mr Dodds, Mr Easton, Sir Reg Empey, Dr Farry, Mr Ford, Mrs Foster, Mr Hamilton, Mr Hilditch, Mrs Long, Mr B McCrea, Mr I McCrea, Dr W McCrea, Mr McFarland, Miss McIlveen, Mr Moutray, Mr Neeson, Mr Newton, Rt Hon Dr Ian Paisley, Mr Poots, Mrs I Robinson, Rt Hon P Robinson, Mr Ross, Mr Simpson, Mr Spratt, Mr Storey, Mr Weir, Mr Wells.

Tellers for the Ayes: Mr Armstrong and Mr Bresland.

Noes

Ms Anderson, Mr Boylan, Mr D Bradley, Mr P J Bradley, Mr Brady, Mr Brolly, Mr Butler, Mr Dallat, Ms Gildernew, Mrs Hanna, Mrs D Kelly, Mr G Kelly, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, Mr M McGuinness, Mr McKay, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Mr P Ramsey, Ms Ruane.

Tellers for the Noes: Mr Brady and Mr F McCann.

The Amendment was made.

RATES (AMENDMENT) BILL

MARSHALLED LIST OF AMENDMENTS

CONSIDERATION STAGE

Tuesday 29 September 2009

Amendments tabled up to 9.30am Thursday, 24 September 2009

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1 [Made]

Clause 6 , Page 8, Line 10

At end insert -

‘(5) Until such day as the Department may by order appoint, the power conferred by Article 26(2A) of the principal Order (power of Department to require information in respect of unoccupied hereditaments to which Schedule 8A to that Order applies if name and address of person entitled to possession unknown) shall by virtue of this subsection be exercisable as if any hereditament which is included in a capital value list were a hereditament to which Schedule 8A to the principal Order applies.

(6) In subsection (5) “hereditament” and “capital value list” have the same meaning as in the principal Order.’

[Minister of Finance and Personnel]

Amendment 2 [Made]

Clause 19 , Page 13, Line 24

At end insert -

‘section 6(5) and (6);’

[Minister of Finance and Personnel]

Amendment 3 [Made]

Schedule 1 , Page 14, Line 20

At end insert -

‘4A. In Article 52 (procedure on appeal to Commissioner), in paragraph (4A)(b), for the words from “12(1)” to the end substitute “15 of Part 1 of Schedule 12 (subject to paragraphs 7(3) and 12)”.’

[Minister of Finance and Personnel]

NORTHERN IRELAND ASSEMBLY

PAPERS PRESENTED TO THE ASSEMBLY ON

29 SEPTEMBER 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

5. Assembly Reports

6. Statutory Rules

7. Written Ministerial Statements

8. Consultation Documents

9. Departmental Publications

10. Agency Publications

11. Westminster Publications

12. Miscellaneous Publications

Northern Ireland Assembly Legislation

Proceedings as at 30 SEPTEMBER 2009

Session 2009-2010

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
*Goods Vehicles (Licensing of Operators) Bill NIA Bill 15/07	12.05.08	20.05.08	12.12.08	04.12.08
*Civil Registration Bill NIA Bill 20/07	17.06.08	01.07.08	20.03.09	18.03.09
*Diseases of Animals Bill NIA Bill 22/07	30.06.08	15.09.08	17.02.09	13.02.09
*Education Bill NIA Bill 3/08	25.11.08	08.12.08	30.09.09
*Financial Provisions Bill NIA Bill 6/08	23.02.09	03.03.09	13.05.09	13.05.09
Housing (Amendment) Bill NIA Bill 7/08	09.06.09	23.06.09	15.10.09
*Employment Bill NIA Bill 9/08	22.06.09	30.06.09	12.10.09
*Local Government (Miscellaneous Provisions) Bill NIA Bill 10/08	22.06.09	30.06.09	26.10.09
*Forestry Bill NIA Bill 11/08	29.06.09	15.09.09	03.11.09
Department of Justice Bill NIA Bill 1/09	14.09.09	22.09.09	10.11.09
Rates (Amendment) Bill NIA Bill 2/09	14.09.09	22.09.09	N/A	N/A	29.09.09
Water and Sewerage Services (Amendment) Bill NIA Bill 3/09	21.09.09	29.09.09	17.11.09

Session 2009-2010

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 2008-2009 by the Assembly as Royal Assent had not been achieved.
/ Bill progressing by accelerated passage