No. 14-09/10
MINUTE OF PROCEEDINGS
TUESDAY 3 NOVEMBER 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 Consideration Stage - Financial Provisions Bill (NIA 6/08)
The Minister of Finance and Personnel moved that the Consideration Stage of the Financial Provisions Bill be agreed.
Threeamendments were tabled to the Bill plus a notice of intention to vote against ‘clause 4 stand part’.
Clauses
The question being put, it was agreed without division that Clauses 1 to 3 stand part of the Bill.
After debate, Amendments 1 and 2 inserting new Clauses were made without division.
After debate, the question that Clause 4 stand part of the Bill was negatived without division.
The question being put, it was agreed without division that Clauses 5 and 6 stand part of the Bill.
Schedule
The question being put, it was agreed without division that the Schedule stand part of the Bill.
Long TitleAfter debate, Amendment 3 to the Long Title was made without division
The question being put, the Long Title (as amended) was agreed without division.
Bill (NIA 6 /08) passed Consideration Stage and stood referred to the Speaker.
The Deputy Speaker (Mr Molloy) in the Chair.
3. Private Members’ Business
3.1 Motion - North West Region
Proposed:That this Assembly recognises the impact which the economic recession has had on the North West region; and calls on the Minister of Enterprise Trade and Investment and the Minister for Employment and Learning to declare the North West an area of special economic need; and to take new and innovative measures to mitigate the economic crisis in the region.
[Ms M Anderson]
[Mr F Brolly]
[Mr P Doherty]
[Mrs C McGill]
3.2 Amendment
Proposed: At end insert:
‘; and also calls for the North-West Gateway Initiative to be renewed under the authority of the North-South Ministerial Council with reports to plenary and other formats.’
[Mr M Durkan]
[Mr P Ramsey]
[Mrs M Bradley]
Debate ensued.
The sitting was suspended at 12.28pm.
The sitting resumed at 2.00pm with the Deputy Speaker (Mr Molloy) in the Chair.
Debate resumed on the motion.
The Amendment being put, the Amendment fell (Division 1).
Voting was suspended for Question Time.
The Deputy Speaker (Mr McClarty) in the Chair.
4. Question Time
4.1 Enterprise , Trade and Investment
Questions were put to, and answered by, the Minister of Enterprise, Trade and Investment, Mrs Arlene Foster.
5. Private Members’ Business (cont’d)
5.1 Motion - North West Region (cont’d)
Voting resumed on the motion with the Deputy Speaker (Mr Molloy) in the Chair.
The Question being put, the Motion was negatived (Division 2).
The Deputy Speaker (Mr McClarty) in the Chair.
5.2 Motion - Northern Ireland Human Rights Commission
Proposed: That this Assembly considers the Northern Ireland Human Rights Commission’s advice to the Secretary of State “A Bill of Rights for Northern Ireland” as incompatible with the provisions of the Belfast Agreement; notes with concern that the proposals would undermine the democratic role and authority of this Assembly and the Parliament of the United Kingdom; and urges the Secretary of State not to implement the report’s recommendations.
[Mr T Elliott]
[Mr D Kennedy]
3.3 Amendment
Proposed: Delete all after Assembly and insert:
‘; notes the Northern Ireland Human Rights Commission’s advice to the Secretary of State, ‘A Bill of Rights for Northern Ireland,’ and calls on the Secretary of State to publish the consultation document as soon as possible.’
[Ms D Purvis]
Debate ensued.
The Amendment being put, the Amendment was made (Division 3).
The Question being put, the Motion was negatived on a cross-community basis (Division 4).
5. Adjournment
Mr Mervyn Storey spoke to his topic on Primary School Provision in Ballymena South.
The Deputy Speaker (Mr Molloy) in the Chair.
Proposed: That the Assembly do now adjourn.
[The Speaker]
The Assembly adjourned at 6.20 pm.
Mr William Hay
The Speaker
3 November 2009
NORTHERN IRELAND ASSEMBLY
3 NOVEMBER 2009
DIVISIONS
Division No. 1
North West Region - Amendment
Proposed: At end insert:
‘; and also calls for the North-West Gateway Initiative to be renewed under the authority of the North-South Ministerial Council with reports to plenary and other formats.’
[Mr M Durkan]
[Mr P Ramsey]
[Mrs M Bradley]
The Question was put and the Assembly divided.
Ayes: 40
Noes: 48
Ayes
Ms Anderson, Mr Attwood, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Brolly, Mr Burns, Mr Butler, Mr W Clarke, Mr Doherty, Mr Gallagher, 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 McHugh, Mr McKay, Mr McLaughlin, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane.
Tellers for the Ayes: Mr Attwood and Mr Burns.
Noes
Mr Armstrong, Mr Beggs, Mr Bresland, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Craig, Mr Cree, Mr Dodds, Rt Hon J Donaldson, Mr Easton, Mr Elliott, Sir Reg Empey, Dr Farry, Mr Ford, Mrs Foster, Mr Gardiner, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr Kennedy, Ms Lo, Mr McCallister, Mr McCarthy, Mr McClarty, Mr B McCrea, Mr I McCrea, Dr W McCrea, Mr McFarland, Miss McIlveen, Mr McNarry, Mr Moutray, Mr Newton, Mr Paisley Jnr, Mr Poots, Mr G Robinson, Mrs I Robinson, Mr K Robinson, Rt Hon P Robinson, Mr Ross, Mr Shannon, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr B Wilson.
Tellers for the Noes: Mr Bresland and Mr T Clarke.
The Amendment fell.
NORTHERN IRELAND ASSEMBLY
3 NOVEMBER 2009
DIVISIONS
Division No. 2
North West Region - Motion
Proposed:That this Assembly recognises the impact which the economic recession has had on the North West region; and calls on the Minister of Enterprise Trade and Investment and the Minister for Employment and Learning to declare the North West an area of special economic need; and to take new and innovative measures to mitigate the economic crisis in the region.
[Ms M Anderson]
[Mr F Brolly]
[Mr P Doherty]
[Mrs C McGill]
The Question was put and the Assembly divided.
Ayes: 42
Noes: 47
Ayes
Ms Anderson, Mr Attwood, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Brolly, Mr Burns, Mr Butler, Mr W Clarke, Mr Dallat, Mr Doherty, Mr Durkan, Mr Gallagher, 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 McHugh, Mr McKay, Mr McLaughlin, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane.
Tellers for the Ayes: Mr W Clarke and Mr McKay.
Noes
Mr Armstrong, Mr Beggs, Mr Bresland, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Craig, Mr Cree, Rt Hon J Donaldson, Mr Easton, Mr Elliott, Sir Reg Empey, Dr Farry, Mr Ford, Mrs Foster, Mr Gardiner, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr Kennedy, Ms Lo, Mrs Long, Mr McCallister, Mr McCarthy, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr McFarland, Miss McIlveen, Mr McNarry, Mr Moutray, Mr Neeson, Mr Newton, Mr Paisley Jnr, Mr Poots, Mr G Robinson, Mr K Robinson, Mr Ross, Mr Shannon, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr B Wilson.
Tellers for the Noes: Mr Bresland and Mr T Clarke.
The motion was negatived.
NORTHERN IRELAND ASSEMBLY
3 NOVEMBER 2009
DIVISIONS
Division No. 3
Northern Ireland Human Rights Commission - Amendment
Proposed: Delete all after Assembly and insert:
‘; notes the Northern Ireland Human Rights Commission’s advice to the Secretary of State, ‘A Bill of Rights for Northern Ireland,’ and calls on the Secretary of State to publish the consultation document as soon as possible.’
[Ms D Purvis]
The Question was put and the Assembly divided.
Ayes: 46
Noes: 39
Ayes
Ms Anderson, Mr Attwood, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Brolly, Mr Burns, Mr Butler, Mr W Clarke, Mr Doherty, Dr Farry, Mr Ford, Mr Gallagher, Ms Gildernew, Mrs Hanna, Mrs D Kelly, Mr G Kelly, Ms Lo, Mrs Long, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Mr McElduff, Mrs McGill, Mr McGlone, Mr McKay, Mr McLaughlin, Mr Molloy, Mr Murphy, Mr Neeson, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Ms Purvis, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane, Mr B Wilson.
Tellers for the Ayes: Mr A Maginness and Mr McCarthy.
Noes
Mr Armstrong, Mr Beggs, Mr Bresland, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Craig, Mr Cree, Mr Easton, Mr Elliott, Sir Reg Empey, Mrs Foster, Mr Gardiner, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr Kennedy, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McFarland, Mr McGimpsey, Miss McIlveen, Mr McNarry, Mr Moutray, Mr Newton, Mr Paisley Jnr, Mr Poots, Mr G Robinson, Mr K Robinson, Mr Ross, Mr Shannon, Mr Spratt, Mr Storey, Mr Weir, Mr Wells.
Tellers for the Noes: Mr Kennedy and Mr B McCrea.
The Amendment was made.
NORTHERN IRELAND ASSEMBLY
3 NOVEMBER 2009
DIVISIONS
Division No. 4
Northern Ireland Human Rights Commission - Motion
Proposed: That this Assembly considers the Northern Ireland Human Rights Commission’s advice to the Secretary of State “A Bill of Rights for Northern Ireland” as incompatible with the provisions of the Belfast Agreement; notes with concern that the proposals would undermine the democratic role and authority of this Assembly and the Parliament of the United Kingdom; and urges the Secretary of State not to implement the report’s recommendations.
[Mr T Elliott]
[Mr D Kennedy]
The Question was put and the Assembly divided.
Ayes: 45
Noes: 39
Ayes
NATIONALIST:
Ms Anderson, Mr Attwood, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Brolly, Mr Burns, Mr Butler, Mr W Clarke, Mr Doherty, Mr Gallagher, 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, Mrs McGill, Mr McGlone, Mr McKay, Mr McLaughlin, Mr Molloy, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane.
UNIONIST:
Ms Purvis.
OTHER:
Dr Farry, Mr Ford, Ms Lo, Mrs Long, Mr McCarthy, Mr Neeson, Mr B Wilson.
Tellers for the Ayes: Mr A Maginness and Mr McCarthy.
Noes
UNIONIST:
Mr Armstrong, Mr Beggs, Mr Bresland, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Craig, Mr Cree, Mr Easton, Mr Elliott, Sir Reg Empey, Mrs Foster, Mr Gardiner, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr Kennedy, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McFarland, Mr McGimpsey, Miss McIlveen, Mr McNarry, Mr Moutray, Mr Newton, Mr Paisley Jnr, Mr Poots, Mr G Robinson, Mr K Robinson, Mr Ross, Mr Shannon, Mr Spratt, Mr Storey, Mr Weir, Mr Wells.
Tellers for the Noes: Mr Kennedy and Mr B McCrea.
Total votes 84 Total Ayes 45 [53.6%]
Nationalist Votes 37 Nationalist Ayes 37 [100.0%]
Unionist Votes 40 Unionist Ayes 1 [2.5%]
Other Votes 7 Other Ayes 7 [100.0%]
The Motion was negatived (cross-community vote).
FINANCIAL PROVISIONS BILL
MARSHALLED LIST OF AMENDMENTS
CONSIDERATION STAGE
Tuesday 3 November 2009
Amendments tabled up to 9.30am Thursday, 22 October 2009
The Bill will be considered in the following order-
Clauses, Schedule and Long Title
Amendment 1
New Clause
After clause 3 insert -
‘ Expenditure for purposes of children and young persons
3A. ¾(1) The Office of the First Minister and deputy First Minister may incur expenditure for the purpose of assisting activities which that Office considers promote the interests of, or are otherwise of benefit to, children or young persons.
(2) In particular that Office may provide financial assistance to any person for the purpose mentioned in subsection (1).
(3) In this section ¾
“financial assistance” means assistance by way of grants or loans on such conditions (including conditions as to repayment) as that Office may determine;
“child or young person” has the meaning given by Article 3 of the Commissioner for Children and Young Persons Order ( Northern Ireland) 2003 (NI 11).’
Minister of Finance and Personnel
ML1 Bill 6/08
Amendment 2
New Clause
After clause 3 insert -
‘ Expenditure for purposes of sustainable development
3B. ¾(1) The Office of the First Minister and deputy First Minister may incur expenditure for any purpose calculated to contribute to the achievement of sustainable development.
(2) In particular that Office may provide financial assistance to bodies which have among their objectives the promotion of sustainable development.
(3) In subsection (2) “financial assistance” means assistance by way of grants or loans on such conditions (including conditions as to repayment) as that Office may determine.’
Minister of Finance and Personnel
Clause 4
The Minister gives notice of his intention to oppose the question that clause 4 stand part of the Bill.
Minister of Finance and Personnel
Amendment 3
Long Title
Leave out from ‘to provide’ to ‘to the Department of Finance and Personnel’ and insert -
‘to enable the Office of the First Minister and deputy First Minister to incur expenditure for certain purposes’
Minister of Finance and Personnel
ML1 Bill 6/08
NORTHERN IRELAND ASSEMBLY
PAPERS PRESENTED TO THE ASSEMBLY ON
3 NOVEMBER 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
North Eastern Education and Library Board Annual Report and Accounts 2008/2009
5. Assembly Reports
6. Statutory Rules
(The department identified after each rule is for reference purposes only)For Information Only:
S.R. 2009/352 (C.25) The Taxis (2008 Act)(Commencement No. 1 and Transitory Provision) Order ( Northern Ireland) 2009 (DOE)
7. Written Ministerial Statements
8. Consultation Documents
Local Government Pension Scheme – 85 Year Rule (DOE)
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 3 NOVEMBER 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 |
30.09.09 |
||||
| *Financial Provisions Bill NIA Bill 6/08 | 23.02.09 |
03.03.09 |
13.05.09 |
13.05.09 |
03.11.09 |
|||
| *Housing (Amendment) Bill NIA Bill 7/08 | 09.06.09 |
23.06.09 |
1.12.09 |
|||||
| *Employment Bill NIA Bill 9/08 | 22.06.09 |
30.06.09 |
9.11.09 |
|||||
| *Local Government (Miscellaneous Provisions) Bill NIA Bill 10/08 | 22.06.09 |
30.06.09 |
26.10.09 |
15.10.09 |
||||
| *Forestry Bill NIA Bill 11/08 | 29.06.09 |
15.09.09 |
02.03.10 |
|||||
| Department of Justice Bill NIA Bill 1/09 | 14.09.09 |
22.09.09 |
10.11.09 |
21.10.09 |
||||
| /Rates (Amendment) Bill NIA Bill 2/09 | 14.09.09 |
22.09.09 |
N/A |
N/A |
29.09.09 |
6.10.09 |
13.10.09 |
3.11.09 |
| Water and Sewerage Services (Amendment) Bill NIA Bill 3/09 | 21.09.09 |
29.09.09 |
19.01.10 |
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