No. 19-09/10
MINUTE OF PROCEEDINGS
MONDAY 23 NOVEMBER 2009
The Assembly met at noon, the Deputy Speaker (Mr Dallat) in the Chair
1. Personal Prayer or Meditation
Members observed two minutes’ silence.
2. Matters of the Day
Representatives from each party made a statement, under Standing Order 24, in relation to the Dissident Republican Attacks which occurred over the weekend.
4. Executive Committee Business
3.1 Proposed:That Standing Orders 10(2) to 10(4) be suspended for 23 November 2009.
[First Minister and deputy First Minister]
The Question being put, the Motion was carried with cross-community support nemine contradicente.
3.2 Further Consideration Stage - Goods Vehicles (Licensing of Operators) Bill (NIA 15/07)
The Minister of the Environment, Mr Edwin Poots, moved that the Further Consideration Stage of the Goods Vehicles (Licensing of Operators) Bill be agreed.
No amendments were tabled to the Bill.
Bill NIA 15/07 passed Further Consideration Stage and stood referred to the Speaker for consideration in accordance with Section 10 of the Northern Ireland Act 1998.
3.3 Further Consideration Stage - Department of Justice Bill (NIA 1/09)
The First Minister Rt Hon Peter Robinson moved that the Further Consideration Stage of the Department of Justice Bill be agreed.
Two amendments were tabled to the Bill.
Debate ensued.
The Deputy Speaker (Mr Molloy) in the Chair.
Debate was suspended for Question Time.
4. Question Time
4.1 Office of the First Minister and deputy First Minister
Questions were put to, and answered by, the First Minister, Rt Hon Peter Robinson, and junior Minister, Mr Robin Newton.
4.2 Agriculture and Rural Development
Questions were put to, and answered by, the Minister of Agriculture and Rural Development, Ms Michelle Gildernew.
5. Executive Committee Business (Cont’d)
5.1 Further Consideration Stage - Department of Justice Bill (NIA 1/09) (Cont’d)
Debate resumed.
The Deputy Speaker (Mr McClarty) in the Chair.
Clauses
After debate Amendment 1 inserting a new Clause after clause 2 was negatived on division (Division 1).
After debate Amendment 2 inserting a new Clause after clause 2 was negatived without division.
Bill (NIA 1/09) passed Further Consideration Stage and stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.
6. Committee Business
6.1 Motion - Amend Standing Orders
Proposed: After Standing Order 9 insert –
9A. TEMPORARY SPEAKER
(1) If neither the Speaker nor any Deputy Speaker is able to chair a sitting of the Assembly, the sitting shall be chaired by a temporary Speaker.
(2) Paragraph (1) does not apply in cases where Standing Order 3(2) or 4(2) applies. If the Acting Speaker under Standing Order 4(8) is unable to chair a sitting, the sitting shall be chaired by a temporary Speaker.
(3)The temporary Speaker shall be the member, present at the sitting, who has served the Assembly the longest number of days, and in the case of a tie, the oldest of the longest-serving members present. Ministers and junior Ministers are not eligible to be considered as temporary Speakers.’
[Chairperson, Committee on Procedures]
Debate ensued.
The Question being put, the Motion was carried with cross-community support nemine contradicente.
6.2 Motion - Amend Standing Orders
Proposed: In Standing Order 3(2) leave out ‘eldest member of the Assembly’ and insert -
‘oldest member present at the meeting’
[Chairperson, Committee on Procedures]
The Question being put, the Motion was carried with cross-community support nemine contradicente.
6.3 Motion - Amend Standing Orders
Proposed: In Standing Order 4(2) leave out ‘eldest member of the Assembly’ and insert –
‘oldest member present at the meeting’
[Chairperson, Committee on Procedures]
The Question being put, the Motion was carried with cross-community support nemine contradicente.
6.4 Motion - Amend Standing Orders
Proposed: In Standing Order 4(8) leave out ‘eldest member’ and insert –
‘oldest member’
[Chairperson, Committee on Procedures]
The Question being put, the Motion was carried with cross-community support nemine contradicente.
7. Private Members’ Business
7.1 Motion - Credit Unions Products and Services
Proposed: That this Assembly recognises the important role of Credit Unions during these difficult economic times, especially for those on low incomes and dependent on benefits; and calls on the Minister of Enterprise, Trade and Investment to bring forward proposals to ensure that Credit Unions can provide the same range of financial products and services as their counterparts in Britain and the rest of Ireland.
[Mr P Butler]
[Ms J McCann]
7.2 Amendment
Proposed: Leave out all after ‘benefits;’ and insert:
‘notes that the Assembly approved, on 17 February 2009, the report of the Enterprise, Trade and Investment Committee on its Inquiry into the Role and Potential of Credit Unions in Northern Ireland; and further notes the work currently being undertaken by HM Treasury, the Financial Services Authority and DETI officials on the implementation of the recommendations contained in the HM Treasury report on the ‘Review of the Legislative Framework for Credit Unions and Industrial and Provident Societies in Northern Ireland.’
[Dr A McDonnell]
[Mr S Moutray]
[Mr L Cree]
[Mr S Neeson]
Debate ensued.
The Speaker in the Chair.
The Amendment being put, the Amendment was made without division.
The Question being put, the Motion, as amended, was carried without division.
7.3 Motion - Double-Jobbing
Proposed: That this Assembly notes the recommendations of the Committee on Standards in Public Life, ‘Supporting Parliament, Safeguarding the Taxpayer’; calls on all political parties within the Assembly to commit to an end to ‘double-jobbing’ by the next Assembly election in 2011 to protect the integrity of the Northern Ireland Assembly; and further calls on the First Minister and deputy First Minister to convey the opinion of the Assembly on this matter to the Prime Minister and the Leader of the Opposition.
[Mr D McNarry]
[Mr D Kennedy]
7.4 Amendment
Proposed: Leave out all after the second ‘Assembly;’ and insert:
‘and Parliament to commit to an end to ‘double-jobbing’, including private sector employment, ideally by the time of the scheduled election in May 2011 or, failing that, by 2015 at the latest; and further calls on the First Minister and deputy First Minister to convey the opinion of the Assembly on this matter to the Prime Minister and the Leader of the Opposition.’
[Mr J Wells]
[Mr P Weir]
Debate ensued.
The Amendment being put, the Amendment was made (Division 2).
The Question being put, the Motion, as amended, was carried without division.
8. Adjournment
Proposed: That the Assembly do now adjourn.
[The Speaker]
The Assembly adjourned at 8.59pm.
Mr William Hay
The Speaker
23 November 2009
NORTHERN IRELAND ASSEMBLY
23 NOVEMBER 2009
DIVISIONS
Division No. 1
Further Consideration Stage: Department of Justice Bill - Amendment 1
Proposed: New Clause
After clause 2 insert -
‘ Duty of First Minister and deputy First Minister to report on certain matters
2A. The First Minister and deputy First Minister acting jointly shall make a report orally and in writing to the Assembly on the day of commencement of sections 1 and 2 of the Act, explaining the provisions of protocols and concordats on ¾
(a) national security;
(b) the work of the Serious Organised Crime Agency;
(c) the independence of the Judiciary;
(d) the independence of the Public Prosecution Service
and the consequences of the provisions on the exercise of the functions that the Department of Justice is to exercise.’
[Mr Alex Attwood]
[Mrs Dolores Kelly]
[Mr Alban Maginness]
The Question was put and the Assembly divided.
Ayes: 24
Noes: 63
Ayes
Mr Armstrong, Mr Attwood, Mr Beggs, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Burns, Mr Cobain, Mr Durkan, Mr Elliott, Mr Gallagher, Mr Gardiner, Mrs D Kelly, Mr Kennedy, Mr Kinahan, Mr A Maginness, Mr McCallister, Mr B McCrea, Dr McDonnell, Mr McFarland, Mr McGlone, Mr McNarry, Mr O’Loan, Mr K Robinson.
Tellers for the Ayes: Mr PJ Bradley and Mr Burns.
Noes
Ms Anderson, Mr Boylan, Mr Brady, Mr Bresland, Mr Brolly, Lord Browne, Mr Buchanan, Mr Butler, Mr Campbell, Mr T Clarke, Mr W Clarke, Mr Craig, Mr Dodds, Rt Hon J Donaldson, Mr Easton, Dr Farry, Mr Ford, Mrs Foster, Ms Gildernew, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr G Kelly, Ms Lo, Mrs Long, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McCarthy, Mr McCartney, Mr McCausland, Mr I McCrea, Dr W McCrea, Mrs McGill, Mr M McGuinness, Miss McIlveen, Mr McKay, Mr McLaughlin, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Murphy, Mr Neeson, Mr Newton, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr Paisley Jnr, Mr Poots, Ms S Ramsey, Mr G Robinson, Mrs I Robinson, Rt Hon P Robinson, Mr Ross, Ms Ruane, Mr Shannon, Mr Simpson, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr B Wilson, Mr S Wilson.
Tellers for the Noes: Ms Anderson and Miss McIlveen.
Amendment 1 fell.
NORTHERN IRELAND ASSEMBLY
23 NOVEMBER 2009
DIVISIONS
Division No. 2
Double Jobbing - Amendment
Proposed: Leave out all after the second ‘Assembly;’ and insert:
‘and Parliament to commit to an end to ‘double-jobbing’, including private sector employment, ideally by the time of the scheduled election in May 2011 or, failing that, by 2015 at the latest; and further calls on the First Minister and deputy First Minister to convey the opinion of the Assembly on this matter to the Prime Minister and the Leader of the Opposition.’
[Mr J Wells]
[Mr P Weir]
The Question was put and the Assembly divided.
Ayes: 34
Noes: 23
Ayes
Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Craig, Mr Dodds, Rt Hon J Donaldson, Mr Easton, Dr Farry, Mr Ford, Mrs Foster, Mr Hamilton, Mr Hilditch, Mr Irwin, Mrs Long, Mr McCausland, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr G Robinson, Mrs I Robinson, Rt Hon P Robinson, Mr Ross, Mr Shannon, Mr Simpson, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr S Wilson.
Tellers for the Ayes: Mr Weir and Mr Wells.
Noes
Mr Armstrong, Mr Attwood, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Burns, Mr Cobain, Mr Dallat, Mr Durkan, Mr Elliott, Sir Reg Empey, Mr Gallagher, Mr Kennedy, Mr Kinahan, Mr A Maginness, Mr McCallister, Mr McClarty, Mr B McCrea, Mr McFarland, Mr McNarry, Mr O’Loan, Ms Purvis, Ms Ritchie
Tellers for the Noes: Mr Kennedy and Mr Kinahan.
The Amendment was made.
DEPARTMENT OF JUSTICE BILL
MARSHALLED LIST OF AMENDMENTS
FURTHER CONSIDERATION STAGE
Monday 23 November 2009
Amendments tabled up to 9.30am Thursday, 19 November 2009
The Bill will be considered in the following order-
Clauses, Schedule and Long Title
Amendment 1
New Clause
After clause 2 insert -
‘ Duty of First Minister and deputy First Minister to report on certain matters
2A. The First Minister and deputy First Minister acting jointly shall make a report orally and in writing to the Assembly on the day of commencement of sections 1 and 2 of the Act, explaining the provisions of protocols and concordats on ¾
(a) national security;
(b) the work of the Serious Organised Crime Agency;
(c) the independence of the Judiciary;
(d) the independence of the Public Prosecution Service
and the consequences of the provisions on the exercise of the functions that the Department of Justice is to exercise.’
Mr Alex Attwood
Mrs Dolores Kelly
Mr Alban Maginness
Amendment 2
New Clause
After clause 2 insert -
‘Duty of First Minister and deputy First Minister to report on co-operation on criminal justice
2B. The First Minister and deputy First Minister acting jointly shall make a report orally and in writing to the Assembly on the day of commencement of sections 1 and 2 of the Act, explaining the provisions of any arrangements entered into with the Government of Ireland concerning co-operation in criminal justice matters.’
Mr Alex Attwood
Mrs Dolores Kelly
Mr Alban Maginness
NORTHERN IRELAND ASSEMBLY
PAPERS PRESENTED TO THE ASSEMBLY FROM
18 November - 23 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
5. Assembly Reports
Report on the Committee’s Inquiry into the funding of the arts in Northern Ireland (NIA 05/09/10R) (Committee for Culture, Arts and Leisure)
Report on the Housing (Amendment) Bill NIA 7/08 (NIA 27/09/10R)
(Committee for Social Development)
6. Statutory Rules
(The Department identified after each rule is for reference purposes only)For Information Only:
S.R. 2009/371 The Parking and Waiting Restrictions (Ballymoney) (Amendment No.2) Order ( Northern Ireland) 2009 (DRD)
S.R. 2009/372 The Waiting Restrictions (Lisburn) Order ( Northern Ireland) 2009 (DRD)
S.R. 2009/376 The Water Environment (Floods Directive) Regulations ( Northern Ireland) 2009 (DARD)
7. Written Ministerial Statements
8. Consultation Documents
Consultation on the Regulation of the Sunbed Industry in Northern Ireland (DHSSPS)
Belfast Rapid Transit Consultation (Summary Document, Detailed Policy Proposals, Integrated Impact Assessment and Question and Answer Booklet) (DRD)
9. Departmental Publications
The Performance of the Planning Service (NIAO)