No. 59-09/10
MINUTE OF PROCEEDINGS
TUESDAY 25 MAY 2010
The Assembly met at 10.30am, the Speaker in the Chair.
1. Personal Prayer or Meditation
Members observed two minutes’ silence.
2. Private Members’ Business
2.1 Motion - 40 th Anniversary of Disbanding of B-Specials and Formation of UDR (Vote on Motion without debate)
Proposed:
That this Assembly notes that April 2010 marked both the fortieth anniversary of the dissolution of the Ulster Special Constabulary, or B-Specials, and also the fortieth anniversary of the formation of the Ulster Defence Regiment; expresses its gratitude to the bravery of the many people who served in each; acknowledges the sacrifice made by many personnel as they defended the population against terrorism; and calls on the Secretary of State for Northern Ireland to mark these two important anniversaries.
Mr M Storey
Lord Morrow
The Question being put, the Motion was negatived on a cross-community basis (Division 1).
3. Executive Committee Business
3.1 First Stage - Student Loans (Amendment) Bill (NIA 22/09)
The Minister for Employment and Learning, Sir Reg Empey introduced a Bill to amend the law relating to student loans.
Bill passed First Stage and ordered to be printed (NIA Bill 22/09).
3.2 Second Stage - Sunbeds Bill (NIA 18/09)
The Minister of Health, Social Services and Public Safety, Mr Michael McGimpsey, moved the Second Stage of the Sunbeds Bill (NIA 18/09).
Debate ensued.
Bill (NIA 18/09) passed Second Stage.
3.3 Consideration Stage - Employment Bill (NIA 9/08)
The Minister for Employment and Learning, Sir Reg Empey, moved that the Consideration Stage of the Employment Bill (NIA 9/08) be taken.
6 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 inserting a new Clause after Clause 5 was made without division.
The question being put, it was agreed without division that Clauses 6 to 8 stand part of the Bill.
Schedules
After debate Amendments 2, 3, 4 and 5 to Schedule 1 were 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
After debate Amendment 6 to the Long Title was made without division.
The question being put, the Long Title, as amended, was agreed without division.
Bill (NIA 9/08) passed Consideration Stage and stood referred to the Speaker.
The sitting was suspended at 12.27pm.
The sitting resumed at 2.00pm, with the Deputy Speaker (Mr Molloy) in the Chair.
3.4 Final Stage - Forestry Bill (NIA 11/08)
The Minister of Agriculture and Rural Development, Ms Michelle Gildernew, moved that the Forestry Bill (NIA 11/08) do now pass.
Debate ensued.
NIA Bill (11/08) passed Final Stage.
4. Private Members’ Business
4.1 Motion - Pre-School Places
Proposed:
That this Assembly acknowledges the grave disappointment and financial hardship faced by many parents who have been unable to secure pre-school places for their children; recognises the disparity between the number of applications and the number of pre-school places; and calls on the Minister of Education and the Executive to examine urgently the number and distribution of nursery school places and to bring forward proposals to ensure that each child receives a pre-school place in the year immediately before starting school.
Mr D Bradley
Mrs D Kelly
Mr P Ramsey
Mrs M Bradley
Debate ensued.
The Debate was suspended for Question Time.
5. Question Time
5.1 Justice
Questions were put to, and answered by, the Minister of Justice, Mr David Ford.
6. Private Members’ Business (Cont’d)
6.1 Motion - Pre-School Places (Cont’d)
Debate resumed on the motion.
The Deputy Speaker (Mr Dallat) took the Chair.
The Question being put, the Motion was carried without division.
7. Adjournment
Ms C Ní Chuilín spoke to her topic on the Urban Renewal Area Status of the Upper Long Streets in the New Lodge and the Parkside and Glen Areas.
Proposed:
That the Assembly do now adjourn.
The Speaker
The Assembly adjourned at 5.02pm.
Mr William Hay
The Speaker
25 May 2010
Northern Ireland Assembly
25 May 2010
Divisions
Division No. 1
40 th Anniversary of Disbanding of B-Specials and Formation of UDR - Motion
Proposed:
That this Assembly notes that April 2010 marked both the fortieth anniversary of the dissolution of the Ulster Special Constabulary, or B-Specials, and also the fortieth anniversary of the formation of the Ulster Defence Regiment; expresses its gratitude to the bravery of the many people who served in each; acknowledges the sacrifice made by many personnel as they defended the population against terrorism; and calls on the Secretary of State for Northern Ireland to mark these two important anniversaries.
Mr M Storey
Lord Morrow
The Question was put and the Assembly divided.
Ayes: 41
Noes: 33
Ayes
Unionist
Mr Armstrong, Mr Beggs, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Cobain, Mr Craig, Mr Easton, Mr Elliott, Sir Reg Empey, Mrs Foster, Mr Gardiner, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr McGimpsey, Miss McIlveen, Mr McNarry, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr K Robinson, Rt Hon P Robinson, Mr Ross, Mr Savage, Mr Spratt, Mr Storey, Mr Weir, Mr Wells.
Tellers for the Ayes: Mr Bresland and Mr G Robinson.
Noes
Nationalist
Mr Adams, Mr Attwood, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr W Clarke, Mr Dallat, Mr Gallagher, Ms Gildernew, Mrs D Kelly, Mr Leonard, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Mr McDevitt, Mr McElduff, Mrs McGill, Mr McGlone, Mr M McGuinness, Mr McLaughlin, Mr Molloy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie.
Other
Dr Deeny.
Tellers for the Noes: Mr Burns and Mr W Clarke.
| Total votes | 74 | Total Ayes | 41 | [55.4%] |
| Nationalist Votes | 32 | Nationalist Ayes | 0 | [0.0%] |
| Unionist Votes | 41 | Unionist Ayes | 41 | [100.0%] |
| Other Votes | 1 | Other Ayes | 0 | [0.0%] |
The motion was negatived (cross-community vote).
Employment Bill
Marshalled List of Amendments
Consideration Stage
Tuesday 25 May 2010
Amendments tabled up to 9.30am Thursday, 20 May 2010
The Bill will be considered in the following order
Clauses, Schedules and Long Title
Amendment 1
New Clause
After clause 5 insert -
‘ Compensation for financial loss
Compensation for financial loss
5A. -(1) In Article 56 of the Employment Rights ( Northern Ireland) Order 1996 (NI 16) (determination of complaints relating to deductions from wages or payments to employer) -
(a) the existing provision becomes paragraph (1), and
(b) after that provision insert -
“(2) Where a tribuna l makes a declaration under paragraph (1), it may order the employer to pay to the worker (in addition to any amount ordered to be paid under that paragraph) such amount as the tribunal considers appropriate in all the circumstances to compensate the worker for any financial loss sustained by him which is attributable to the matter complained of.”.
(2) In Article 198 of that Order (determination of questions relating to redundancy payments), at the end insert -
“(5) Where a tribunal determines under paragraph (1) that an employee has a right to a redundancy payment, it may order the employer to pay to the employee such amount as the tribunal considers appropriate in all the circumstances to compensate the employee for any financial loss sustained by him which is attributable to the non-payment of the redundancy payment.”.
(3) This section does not have effect in relation to proceedings on a complaint presented to the industrial tribunal before the commencement of this section .’
Minister for Employment and Learning
Amendment 2
Schedule 1 , Page 5, Line 3
At end insert -
‘The Employment and Training Act ( Northern Ireland) 1950 (c. 29)
. In section 1(1A)(d) for “the Department” substitute “any person”.’
Minister for Employment and Learning
Amendment 3
Schedule 1 , Page 5, Line 3
At end insert -
‘The Industrial Training ( Northern Ireland) Order 1984 (NI 9)
. -(1) In Schedule 2 in paragraph 2(2) for head (b) substitute -
“(b) an equal number of persons appearing to the Department to be representative -
(i) of employers engaging in the industry; and
(ii) of employees in the industry;”.
(2) In Schedule 2 after paragraph 2(2) insert -
“(2A) The Minister shall consult -
(a) such organisations representative of employers as appear to the Minister to be appropriate about the arrangements for making an appointment under sub-paragraph (2)(b)(i);
(b) such organisations representative of employees as appear to the Minister to be appropriate about the arrangements for making an appointment under sub-paragraph (2)(b)(ii).”.’
Minister for Employment and Learning
Amendment 4
Schedule 1 , Page 5, Line 3
At end insert -
‘ The Employment and Training (Amendment) ( Northern Ireland) Order 1988 (NI 10)
. In Article 4(1) for “the Department”, in the second place where it occurs, substitute “any person”.’
Minister for Employment and Learning
Amendment 5
Schedule 1 , Page 5, Line 11
At end insert -
‘(3) In Schedule 4 for paragraph 2 substitute -
“2. -(1) The Agency shall consist of the following persons appointed by the Minister -
(a) a chairman; and
(b) 9 other members of whom -
(i) 3 shall be persons appearing to the Minister to be representative of employers;
(ii) 3 shall be persons appearing to the Minister to be representative of employees; and
(iii) 3 shall be such other persons as appear to the Minister to be appropriate.
(2) The Minister shall consult -
(a) such organisations representative of employers as appear to the Minister to be appropriate about the arrangements for making an appointment under sub-paragraph (1)(b)(i);
(b) such organisations representative of employees as appear to the Minister to be appropriate about the arrangements for making an appointment under sub-paragraph (1)(b)(ii).”.’
Minister for Employment and Learning
Amendment 6
Long Title
After ‘Court;’ insert ‘to provide for compensation for financial loss in cases of unlawful underpayment or non-payment;’
Minister for Employment and Learning
Northern Ireland Assembly
Papers Presented to the Assembly on
25 May 2010
1. Acts of the Northern Ireland Assembly
2. Bills of the Northern Ireland Assembly
Dogs (Amendment) Bill NIA Bill 20/09
Commissioner for Older People Bill NIA Bill 21/09
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 reference purposes only)
7. Written Ministerial Statements
8. Consultation Documents
9. Departmental Publications
Public Transport Reform - Final Consultation Report and Final Equality Impact Assessment (DRD)
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 25 MAY 2010
Session 2009-2010
Executive Bills
Title & |
First |
Second Stage |
Comm. Stage to Conclude |
Report Ordered to be Printed |
CS |
FCS |
Final Stage |
Royal Assent |
*Goods Vehicles (Licensing of Operators) Bill |
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 |
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 |
09.06.09 |
23.06.09 |
1.12.09 |
19.11.09 |
16.02.10 |
1.03.10 |
09.03.10 |
13.04.10 |
*Employment Bill |
22.06.09 |
30.06.09 |
09.11.09 |
06.11.09 |
25.05.10 |
|
|
|
*Local Government (Miscellaneous Provisions) Bill |
22.06.09 |
30.06.09 |
26.10.09 |
15.10.09 |
02.02.10 |
15.02.10 |
23.02.10 |
26.03.10 |
*Forestry Bill |
29.06.09 |
15.09.09 |
02.03.10 |
01.03.10 |
27.04.10 |
17.05.10 |
25.05.10 |
|
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 |
12.03.10 |
/Pensions Regulator Tribunal (Transfer of Functions) Bill |
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 |
30.11.09 |
12.01.10 |
20.04.10 |
15.04.10 |
|
|
|
|
Roads (Miscellaneous Provisions) Bill |
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 |
12.03.10 |
Debt Relief Bill NIA Bill 9/09 |
09.03.10 |
23.03.10 |
02.07.10 |
|
|
|
|
|
Waste and Contaminated Land (Amendment) Bill NIA Bill 10/09 |
22.03.10 |
13.04.10 |
05.11.10 |
|
|
|
|
|
/Budget (No. 2) Bill NIA Bill 11/09 |
22.03.10 |
22.03.10 |
N/A |
N/A |
23.03.10 |
N/A |
23.03.10 |
26.03.10 |
Unsolicited Services (Business and Trade Directories) Bill NIA Bill 12/09 |
23.03.10 |
20.04.10 |
01.10.10 |
|
|
|
|
|
Welfare Reform Bill NIA Bill 13/09 |
12.04.10 |
20.04.10 |
17.06.10 |
|
|
|
|
|
Local Government (Finance) Bill NIA Bill 14/09 |
19.04.10 |
27.04.10 |
17.12.10 |
|
|
|
|
|
High Hedges Bill NIA Bill 15/09 |
26.04.10 |
10.05.10 |
22.06.10 |
|
|
|
|
|
Construction Contracts (Amendment) Bill NIA Bill 16/09 |
26.04.10 |
17.05.10 |
29.06.10 |
|
|
|
|
|
Sunbeds Bill NIA Bill 18/09 |
11.05.10 |
25.05.10 |
08.09.10 |
|
|
|
|
|
Licensing and Registration of Clubs (Amendment) Bill NIA Bill 19/09 |
17.05.10 |
|
|
|
|
|
|
|
Dogs (Amendment) Bill NIA Bill 20/09 |
24.05.10 |
|
|
|
|
|
|
|
Commissioner for Older People Bill NIA Bill 21/09 |
24.05.10 |
|
|
|
|
|
|
|
Student Loans (Amendment) Bill NIA Bill 22/09 |
25.05.10 |
|
|
|
|
|
|
|
Session 2009-2010
Non-Executive Bills
Title & |
First |
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 |
28.06.10 |
|
|
|
|
|
Caravans Bill NIA Bill 17/09 |
26.04.10 |
24.05.10 |
07.09.10 |
|
|
|
|
|
* Bill carried over from 2008-2009 by the Assembly as Royal Assent had not been achieved.
/ Bill progressing by accelerated passage