No. 42-09/10
MINUTE OF PROCEEDINGS
TUESDAY 9 MARCH 2010
The Assembly met at 10.30am, the Deputy Speaker (Mr Molloy) in the Chair.
1. Personal Prayer or Meditation
Members observed two minutes’ silence.2. Speaker’s Business
The Deputy Speaker informed Members that the Speaker would be absent from Parliament Buildings on Monday 15 March and Tuesday 16 March 2010, as he would be away on official Assembly business.
3. Executive Committee Business
3.1 First Stage - Debt Relief Bill (NIA 9/09)
The Minister of Enterprise, Trade and Investment, Mrs Arlene Foster, introduced a Bill to make provision about the relief of debt of individuals and for connected purposes.
Bill passed First Stage and ordered to be printed (NIA Bill 9/09).
3.2 Final Stage - Housing (Amendment) Bill (NIA 7/08)
The Minister for Social Development, Ms Margaret Ritchie, moved that the Housing (Amendment) Bill (NIA 7/08) do now pass.
Debate ensued.
NIA Bill (7/08) passed Final Stage.
The Speaker took the Chair.
3.3 Motion - Motion, Tabled by the First Minister and deputy First Minister Acting Jointly, for a Resolution by the Assembly, under section 4(2A) of the Northern Ireland Act 1998, Praying that Certain Matters Should Cease to be Reserved
Proposed:
That this Assembly prays that the following matters, as set out in Schedule 3 to the Northern Ireland Act 1998, should cease to be reserved matters:
1. Those matters in paragraph 9 with the exception of—
A. The subject-matter of the following provisions of the Regulation of Investigatory Powers Act 2000—
(a) Chapter 1 of Part 1, so far as relating to the prevention or detection of serious crime (within the meaning of that Act), and
(b) so far as relating to the prevention or detection of crime (within the meaning of that Act) or the prevention of disorder—
(i) Chapter 2 of Part 1, and
(ii) Parts 2 and 3.
B. In relation to the prevention and detection of crime, the subject-matter of Part 3 of the Police Act 1997.
C. The operation of—
(a) sections 21 to 40 of, and Schedules 3 and 4 to, the Justice and Security (Northern Ireland) Act 2007, and
(b) section 102 of, and Schedule 12 to, the Terrorism Act 2000.
D. In relation to terrorism, the exercise of the Royal prerogative of mercy.
E. The operation of sections 1 to 8 of, and Schedule 1 to, the Justice and Security (Northern Ireland) Act 2007 and the operation of Part 1 of the Criminal Procedure and Investigations Act 1996 where a certificate under section 1 of the 2007 Act has been issued.
F. So far as it was a policing and justice matter (within the meaning of section 4) immediately before the coming into force of the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010—
(a) the subject-matter of the Misuse of Drugs Act 1971;
(b) the subject-matter of sections 12 and 13 of the Criminal Justice (International Co- operation) Act 1990 (substances useful for the manufacture of controlled drugs).
G. The Serious Organised Crime Agency.
H. In relation to prisons, the accommodation of persons in separated conditions on the grounds of security, safety or good order.
(In relation to sub-paragraph H, “prisons” includes any institution for the detention of persons because of their involvement, or suspected involvement, in crime.)
2. Those matters in paragraph 9A (the Chief Inspector of Criminal Justice in Northern Ireland).
3. Those matters in paragraph 10 (public order) with the exception of-
A. The subject-matter of the Public Processions ( Northern Ireland) Act 1998.
B. In relation to the maintenance of public order, the armed forces of the Crown (including the conferring of powers, authorities, privileges or immunities on members of the armed forces for the purposes of the maintenance of public order).
4. Those matters in paragraph 11 with the exception of the operation of the temporary provisions, as defined in section 47 of the Police ( Northern Ireland) Act 2000.
5. Those matters in paragraph 11A (co-operation between the PSNI and Garda Síochána with respect to certain matters).
6. Those matters in paragraph 12 with the exception of—
A. Items for the time being specified in Article 45(1) or (2) of the Firearms ( Northern Ireland) Order 2004; and the subject-matter of Article 45(10) of that Order.
B. The security of explosives, including—
(a) the prevention of loss or theft of explosives,
(b) the prevention of the use of explosives for wrongful purposes, and
(c) the detection, identification and traceability of explosives.
(Sub-paragraph B does not include the security of fireworks, or the licensing of shotfirers, or the subject-matter of section 2 of the Explosives Act (Northern Ireland) 1970.)
7. Those matters in paragraph 14A (rights of appeal to the Supreme Court, and legal aid for such appeals).
8. Those matters in paragraph 15 (matters relating to the Courts) with the exception of the operation of sections 1 to 8 of, and Schedule 1 to, the Justice and Security (Northern Ireland) Act 2007 and the operation of Part 1 of the Criminal Procedure and Investigations Act 1996 where a certificate under section 1 of the 2007 Act has been issued.
9. Those matters in paragraph 15A (the Northern Ireland Law Commission).
10. Those matters in paragraph 17 (the Social Security Commissioners and Child Support Commissioners for Northern Ireland).
First Minister and deputy First Minister
Debate ensued.
The sitting was suspended at 12.31pm.
Debate resumed at 2.00pm, with the Speaker in the Chair.
The debate was suspended for Question Time.
The Deputy Speaker (Mr McClarty) took the Chair.
4. Question Time
4.1 Social Development
Questions were put to, and answered by, the Minister for Social Development,
Ms Margaret Ritchie.
The Speaker took the Chair.
5. Executive Committee Business (Cont’d)
Motion - Motion, Tabled by the First Minister and deputy First Minister Acting Jointly, for a Resolution by the Assembly, under section 4(2A) of the Northern Ireland Act 1998, Praying that Certain Matters Should Cease to be Reserved (Cont’d)
Debate resumed on the motion.
The Question being put, the Motion was carried by parallel consent (Division 1).
The Deputy Speaker (Mr Dallat) took the Chair.
6. Committee Business
Motion - Amend Standing Orders
Proposed:
After Standing Order 44 insert –
‘44A. OFFICE OF MINISTER OF JUSTICE
(1) The office of Minister of Justice must be filled by applying the procedures set out in paragraph 3D(4) to (8) in Part 1A of Schedule 4A to the Northern Ireland Act 1998 within a period of seven days beginning with the day on which –
(a) the determination mentioned in paragraph 3D(2)(a) takes effect;
(b) the resolution mentioned in paragraph 3D(2)(b) is passed;
(c) the direction mentioned in paragraph 3D(2)(c) is given;
(d) the period of exclusion mentioned in paragraph 3D(2)(d) comes to an end as so mentioned; or
(e) the Minister of Justice ceases to hold office as mentioned in paragraph 3D(14), otherwise than by virtue of an Assembly election.
(2) Where under paragraph 3D in Part 1A of Schedule 4A to the Northern Ireland Act 1998 a person is nominated to be Minister of Justice –
(a) that nomination must take effect; and
(b) the person nominated must affirm the terms of the pledge of office and take up the office;
within 30 minutes of the nomination, unless the person nominated, or another member of the Assembly asks the Assembly to extend that time limit, and gives a reason or reasons for so asking, and the Assembly approves the extension.
(3) If a vote to fill the office of Minister of Justice is delayed under Standing Order 28(1) in order to comply with a petition of concern, the time periods set out in paragraphs (1) and (2) shall not run for the period of that delay, provided that that delay is no longer than one sitting day.’
Chairperson, Committee on Procedures
Debate ensued.
The Question being put, the Motion was carried with cross-community support nemine contradicente.
7. Adjournment
Mr P Weir spoke to his topic on the New School Capital Build in Holywood.
Proposed:
That the Assembly do now adjourn.
The Speaker
The Assembly adjourned at 5.55pm.
Mr William Hay
The Speaker
9 March 2010
Northern Ireland Assembly
9 March 2010
Divisions
Division No. 1
Motion, Tabled by the First Minister and deputy First Minister Acting Jointly, for a Resolution by the Assembly, under section 4(2A) of the Northern Ireland Act 1998, Praying that Certain Matters Should Cease to be Reserved- Motion
Proposed:
That this Assembly prays that the following matters, as set out in Schedule 3 to the Northern Ireland Act 1998, should cease to be reserved matters:
1. Those matters in paragraph 9 with the exception of—
A. The subject-matter of the following provisions of the Regulation of Investigatory Powers Act 2000—
(a) Chapter 1 of Part 1, so far as relating to the prevention or detection of serious crime (within the meaning of that Act), and
(b) so far as relating to the prevention or detection of crime (within the meaning of that Act) or the prevention of disorder—
(i) Chapter 2 of Part 1, and
(ii) Parts 2 and 3.
B. In relation to the prevention and detection of crime, the subject-matter of Part 3 of the Police Act 1997.
C. The operation of—
(a) sections 21 to 40 of, and Schedules 3 and 4 to, the Justice and Security (Northern Ireland) Act 2007, and
(b) section 102 of, and Schedule 12 to, the Terrorism Act 2000.
D. In relation to terrorism, the exercise of the Royal prerogative of mercy.
E. The operation of sections 1 to 8 of, and Schedule 1 to, the Justice and Security (Northern Ireland) Act 2007 and the operation of Part 1 of the Criminal Procedure and Investigations Act 1996 where a certificate under section 1 of the 2007 Act has been issued.
F. So far as it was a policing and justice matter (within the meaning of section 4) immediately before the coming into force of the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010—
(a) the subject-matter of the Misuse of Drugs Act 1971;
(b) the subject-matter of sections 12 and 13 of the Criminal Justice (International Co- operation) Act 1990 (substances useful for the manufacture of controlled drugs).
G. The Serious Organised Crime Agency.
H. In relation to prisons, the accommodation of persons in separated conditions on the grounds of security, safety or good order.
(In relation to sub-paragraph H, “prisons” includes any institution for the detention of persons because of their involvement, or suspected involvement, in crime.)
2. Those matters in paragraph 9A (the Chief Inspector of Criminal Justice in Northern Ireland).
3. Those matters in paragraph 10 (public order) with the exception of-
A. The subject-matter of the Public Processions ( Northern Ireland) Act 1998.
B. In relation to the maintenance of public order, the armed forces of the Crown (including the conferring of powers, authorities, privileges or immunities on members of the armed forces for the purposes of the maintenance of public order).
4. Those matters in paragraph 11 with the exception of the operation of the temporary provisions, as defined in section 47 of the Police ( Northern Ireland) Act 2000.
5. Those matters in paragraph 11A (co-operation between the PSNI and Garda Síochána with respect to certain matters).
6. Those matters in paragraph 12 with the exception of—
A. Items for the time being specified in Article 45(1) or (2) of the Firearms ( Northern Ireland) Order 2004; and the subject-matter of Article 45(10) of that Order.
B. The security of explosives, including—
(a) the prevention of loss or theft of explosives,
(b) the prevention of the use of explosives for wrongful purposes, and
(c) the detection, identification and traceability of explosives.
(Sub-paragraph B does not include the security of fireworks, or the licensing of shotfirers, or the subject-matter of section 2 of the Explosives Act (Northern Ireland) 1970.)
7. Those matters in paragraph 14A (rights of appeal to the Supreme Court, and legal aid for such appeals).
8. Those matters in paragraph 15 (matters relating to the Courts) with the exception of the operation of sections 1 to 8 of, and Schedule 1 to, the Justice and Security (Northern Ireland) Act 2007 and the operation of Part 1 of the Criminal Procedure and Investigations Act 1996 where a certificate under section 1 of the 2007 Act has been issued.
9. Those matters in paragraph 15A (the Northern Ireland Law Commission).
10. Those matters in paragraph 17 (the Social Security Commissioners and Child Support Commissioners for Northern Ireland).
First Minister and deputy First Minister
The Question was put and the Assembly divided.
Ayes: 88
Noes: 17
Ayes
Nationalist:
Mr Adams, Ms Anderson, Mr Attwood, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr Butler, Mr W Clarke, Mr Dallat, Mr Doherty, Mr Durkan, Mr Gallagher, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Leonard , Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, Mr M McGuinness, Mr McHugh, 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:
Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Craig, Mr Dodds, Rt Hon J Donaldson, Mr Easton, Mrs Foster, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr McCausland, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Paisley Jnr, Rt Hon Dr Ian Paisley, Mr Poots, Ms Purvis, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Shannon, Mr Simpson, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr S Wilson.
Other:
Dr Deeny, Dr Farry, Mr Ford, Ms Lo, Mrs Long, Mr Lunn, Mr McCarthy, Mr Neeson, Mr B Wilson.
Tellers for the Ayes: Mr P Maskey and Mr Shannon.
Noes
Unionist:
Mr Armstrong, Mr Beggs, Mr Cobain, Mr Cree, Mr Elliott, Sir Reg Empey, Mr Gardiner, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McClarty, Mr B McCrea, Mr McFarland, Mr McGimpsey, Mr McNarry, Mr K Robinson, Mr Savage.
Tellers for the Noes: Mr Kennedy and Mr McCallister.
Total votes 105 Total Ayes 88 [83.8 % ]
Nationalist Votes 44 Nationalist Ayes 44 [100.0 % ]
Unionist Votes 52 Unionist Ayes 35 [ 67.3 % ]
Other Votes 9 Other Ayes 9 [100.0 % ]
The Motion was carried by parallel consent.
Northern Ireland Assembly
Papers Presented to the Assembly on
9 March 2010
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
(The Department identified after each rule is for references purposes only)
S.R. 2010/56 The Social Security (State Pension and National Insurance Credits) Regulations ( Northern Ireland) 2010 (DSD)
S.R. 2010/60 The Health and Safety (Fees) Regulations ( Northern Ireland) 2010 (DETI)
S.R. 2010/66 The Rate Relief (Low-Carbon Homes Scheme) Regulations ( Northern Ireland) 2010 (DFP)
S.R. 2010/67 The Rate Relief (Energy Efficiency Homes Scheme) Regulations ( Northern Ireland) 2010 (DFP)
S.R. 2010/69 The Social Security (Miscellaneous Amendments No.2) Regulations ( Northern Ireland) 2010 (DSD)
S.R. 2010/71 The Charges for Drugs and Appliances (Abolition) and Supply of Appliances Regulations ( Northern Ireland) 2010 (DHSSPS)
S.R. 2010/72 The Pharmaceutical Services (Amendment) Regulations ( Northern Ireland) 2010 (DHSSPS)
S.R. 2010/73 The Occupational Pension Schemes (Levy Ceiling) Order ( Northern Ireland) 2010 (DSD)
S.R. 2010/74 The Pension Protection Fund (Pension Compensation Cap) Order ( Northern Ireland) 2010 (DSD)
For Information Only:
7. Written Ministerial Statements
8. Consultation Documents
Implementing the Packaging Strategy: recovery and recycling targets, funding transparency and technical changes (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 (Comm. Stage): Detailed investigation by a Committee which concludes with the publication of a report for consideration by the Assembly.
Consideration Stage (CS): 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 (FCS): 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 2010
Session 2009-2010
Executive Bills
| Title & Bill Number |
First Stage |
Second Stage | Comm. Stage to Conclude | Report Ordered to be Printed | CS | FCS | 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 | 10.11.09 | 23.11.09 | 01.12.09 | 22.01.10 |
| *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 | 17.11.09 | 30.11.09 | 08.12.09 | 22.01.10 |
| *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 | 16.11.09 | 24.11.09 | 12.12.09 |
| *Housing (Amendment) Bill NIA Bill 7/08 |
09.06.09 | 23.06.09 | 1.12.09 | 19.11.09 | 16.02.10 | 1.03.10 | 09.03.10 | |
| *Employment Bill NIA Bill 9/08 |
22.06.09 | 30.06.09 | 09.11.09 | 06.11.09 | ||||
| *Local Government (Miscellaneous Provisions) Bill NIA Bill 10/08 |
22.06.09 | 30.06.09 | 26.10.09 | 15.10.09 | 02.02.10 | 15.02.10 | 23.02.10 | |
| *Forestry Bill NIA Bill 11/08 |
29.06.09 | 15.09.09 | 02.03.10 | 01.03.10 | ||||
| Department of Justice Bill NIA Bill 1/09 | 14.09.09 | 22.09.09 | 10.11.09 | 21.10.09 | 10.11.09 | 23.11.09 | 01.12.09 | 12.02.10 |
| /Rates (Amendment) Bill NIA Bill 2/09 | 14.09.09 | 22.09.09 | N/A | N/A | 29.09.09 | 06.10.09 | 13.10.09 | 03.11.09 |
| Water and Sewerage Services (Amendment) Bill NIA Bill 3/09 | 21.09.09 | 29.09.09 | 19.01.10 | 06.01.10 | 26.01.10 | 08.02.10 | 16.02.10 | |
| /Pensions Regulator Tribunal (Transfer of Functions) Bill NIA Bill 4/09 |
30.11.09 | 08.12.09 | N/A | N/A | 12.01.10 | 18.01.10 | 19.01.10 | 12.02.10 |
| Wildlife and Natural Environment Bill NIA Bill 5/09 |
30.11.09 | 12.01.10 | 20.04.10 | |||||
| Roads (Miscellaneous Provisions) Bill NIA Bill 6/09 |
18.01.10 | 26.01.10 | 18.06.10 | |||||
| /Budget Bill NIA Bill 8/09 | 15.02.10 | 16.02.10 | N/A | N/A | 23.02.10 | 01.03.10 | 02.03.10 | |
| Debt Relief Bill NIA Bill 9/09 | 09.03.10 |
Session 2009-2010
Non-Executive Bills
| Title & Bill Number |
First Stage |
Second Stage | Comm. Stage to Conclude | Report Ordered to be Printed | CS | FCS | 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 | |||||||
| Local Government (Disqualification) (Amendment) Bill NIA Bill 7/09 | 09.02.10 | 08.03.10 | 05.05.10 |