No. 10-10/11

Minute of Proceedings
Tuesday 12 October 2010

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 Statement - Review of Higher Education Funding and Student Finance

The Minister for Employment and Learning, Sir Reg Empey, made a statement to the Assembly regarding the Review of Higher Education Funding and Student Finance, following which he replied to questions.

2.2 Motion - Draft Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations ( Northern Ireland) 2010

Proposed:

That the draft Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations ( Northern Ireland) 2010 be approved.

Minister for Employment and Learning

Debate ensued.

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

2.3 Motion - Addendum to the Programme for Government

Proposed:

That the Addendum to the Programme for Government for the Department of Justice, as agreed by the Executive, be approved.

Minister of Justice

Debate ensued.

The sitting was suspended at 12.31pm.

The sitting resumed at 2.00pm, with the Deputy Speaker (Mr McClarty) in the Chair.

The debate resumed on the motion.

The debate was suspended for Question Time.

3. Question Time

3.1 Culture, Arts and Leisure

Questions were put to, and answered by, the Minister of Culture, Arts and Leisure, Mr Nelson McCausland.

3.2 Health, Social Services and Public Safety

Questions were put to, and answered by, the Minister of Health, Social Services and Public Safety, Mr Michael McGimpsey.

3.3 Assembly Commission

Questions were put to, and answered by, Members of the Assembly Commission.

The Deputy Speaker (Mr Dallat) took the Chair.

4. Executive Committee Business (Cont’d)

4.1 Motion - Addendum to the Programme for Government (Cont’d)

The debate resumed on the motion.

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

5. Private Members’ Business

5.1 Consideration Stage - Local Government (Disqualification) (Amendment) Bill (NIA Bill 7/09)

The sponsor of the Bill, Ms Dawn Purvis, moved the Consideration Stage of the Local Government (Disqualification) Bill.

Seven amendments were tabled to the Bill.

The Deputy Speaker (Mr Molloy) took the Chair.

Clauses

After debate, Amendment 1 to Clause 1 was made on division (Division 1).

After debate, Amendment 2 to Clause 1 was made on division (Division 2).

The question being put, it was agreed on division that Clause 1, as amended, stand part of the Bill (Division 3).

After debate, Amendment 3 to Clause 2 was made without division.

The question being put, it was agreed on division that Clause 2, as amended, stand part of the Bill (Division 4).

After debate, Amendment 4, inserting a new Clause after Clause 2, was made without division.

After debate, Amendment 5 to Clause 3 was made without division.

The question being put, it was agreed without division that Clause 3, as amended, stand part of the Bill.

Long Title

After debate, Amendments 6 and 7 to the Long Title were made without division.

The question being put, it was agreed, without division, that the Long Title, as amended, stand part of the Bill.

Bill (NIA Bill 7/09) passed Consideration Stage and stood referred to the Speaker.

The Deputy Speaker (Mr McClarty) took the Chair.

5.2 Second Stage - Armed Forces and Veterans Bill (NIA Bill 33/09)

The sponsor of the Bill, Mr David McNarry, moved the Second Stage of the Armed Forces and Veterans Bill (NIA Bill 33/09).

Debate ensued.

Bill (NIA Bill 33/09) passed Second Stage.

The Deputy Speaker (Mr Molloy) took the Chair.

6. Adjournment

Mr Jonathan Craig spoke to his topic on the Ambulance Cover in the Lagan Valley Area.

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 10.50pm.
Mr William Hay
The Speaker
12 October 2010

Northern Ireland Assembly

12 October 2010
Divisions

Division No. 1

Consideration Stage: Local Government (Disqualification) (Amendment) Bill (NIA Bill 7/09) – Amendment 1

Clause 1, Page 1, Line 1

Leave out clause 1 and insert –

‘Disqualification

1. A person shall be disqualified for being a councillor if that person is a member of the Northern Ireland Assembly.’

Ms D Purvis

The Question, as amended, was put and the Assembly divided.

Ayes: 41
Noes: 31

Ayes

Ms M Anderson, Mr Armstrong, Mr Beggs, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr Butler, Mr W Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Cree, Mr Elliott, Sir Reg Empey, Mr Gardiner, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Kennedy, Mr Kinahan, Mr Leonard, Mr McCallister, Mr McCartney, Mr McClarty, Mr B McCrea, Mr McDevitt, Mr McFarland, Mr McGimpsey, Mr McGlone, Mr McNarry, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Ms Purvis, Mr K Robinson, Ms Ruane, Mr Savage.

Tellers for the Ayes: Mr Beggs and Mr PJ Bradley.

Noes

Mr S Anderson, Lord Bannside, Mr Bell, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Craig, Mr Easton, Mr Ford, Mr Frew, Mr Gibson, Mr Givan, Mr Hamilton, Mr Humphrey, Mr Irwin, Ms Lo, Mr Lyttle, Mr McCarthy, Mr McCausland, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr Ross, Mr Storey, Mr Weir, Mr B Wilson .

Tellers for the Noes: Mr Buchanan and Mr McCarthy.

The Amendment was made.

Northern Ireland Assembly

12 October 2010
Divisions

Division No. 2

Consideration Stage: Local Government (Disqualification) (Amendment) Bill (NIA Bill 7/09) – Amendment 2

Clause 1, Page 1, Line 5

At end insert -

‘(2) The disqualification in subsection (1) shall take effect at the end of 60 days after a person takes his or her seat as a member of the Assembly.’

Chairperson, Committee for the Environment

The Question, as amended, was put and the Assembly divided.

Ayes: 39
Noes: 33

Ayes

Mr S Anderson, Lord Bannside, Mr Bell, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Lord Browne, Mr Buchanan, Mr Burns, Mr T Clarke, Mr Craig, Mr Easton, Mr Ford, Mr Frew, Mr Gibson, Mr Givan, Mr Hamilton, Mr Humphrey, Mr Irwin, Mrs D Kelly, Ms Lo, Mr Lyttle, Mr McCarthy, Mr McCausland, Mr I McCrea, Mr McDevitt, Mr McGlone, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr O’Loan, Mr Poots, Mr G Robinson, Mr Ross, Mr Storey, Mr Weir, Mr B Wilson.

Tellers for the Ayes: Mr PJ Bradley and Mr Buchanan.

Noes

Ms M Anderson, Mr Armstrong, Mr Beggs, Mr Boylan, Mr Brady, Mr Butler, Mr W Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Cree, Mr Elliott, Sir Reg Empey, Mr Gardiner, Ms Gildernew, Mr G Kelly, Mr Kennedy, Mr Kinahan, Mr Leonard, Mr McCallister, Mr McCartney, Mr McClarty, Mr B McCrea, Mr McFarland, Mr McGimpsey, Mr McNarry, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Ms Purvis, Mr K Robinson, Ms Ruane, Mr Savage.

Tellers for the Noes: Mr Beggs and Mr Kinahan.

The Amendment was made.

Northern Ireland Assembly

12 October 2010
Divisions

Division No. 3

Consideration Stage: Local Government (Disqualification) (Amendment) Bill (NIA Bill 7/09) – Clause 1 Stand Part

The Question, as amended, was put and the Assembly divided.

Ayes: 41
Noes: 31

Ayes

Ms M Anderson, Mr Armstrong, Mr Beggs,   Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr Butler,   Mr W Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Cree, Mr Elliott, Sir Reg Empey, Mr Gardiner, Ms Gildernew, Mrs D Kelly, Mr G Kelly,   Mr Kennedy, Mr Kinahan, Mr Leonard,   Mr McCallister, Mr McCartney, Mr McClarty, Mr B McCrea, Mr McDevitt, Mr McFarland,   Mr McGimpsey, Mr McGlone, Mr McNarry, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Ms Purvis, Mr K Robinson, Ms Ruane, Mr Savage.

Tellers for the Ayes: Mr Beggs and Mr W Clarke.

Noes

Mr S Anderson, Lord Bannside, Mr Bell,   Lord Browne, Mr Buchanan, Mr T Clarke,   Mr Craig, Mr Easton, Mr Ford, Mr Frew, Mr Gibson, Mr Givan, Mr Hamilton, Mr Humphrey, Mr Irwin, Ms Lo, Mr Lyttle, Mr McCarthy, Mr McCausland, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr Ross, Mr Storey, Mr Weir, Mr B Wilson

Tellers for the Noes: Mr Buchanan and Mr McCarthy.

Clause 1, as amended, stand part of the Bill.

Northern Ireland Assembly

12 October 2010
Divisions

Division No. 4

Consideration Stage: Local Government (Disqualification) (Amendment) Bill (NIA Bill 7/09) – Clause 2 Stand Part

The Question, as amended, was put and the Assembly divided.

Ayes: 41
Noes: 31

Ayes

Ms M Anderson, Mr Armstrong, Mr Beggs,   Mr Boylan, Mr D Bradley, Mrs M Bradley,   Mr P J Bradley, Mr Brady, Mr Burns, Mr Butler,   Mr W Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Cree, Mr Elliott, Sir Reg Empey, Mr Gardiner, Ms Gildernew, Mrs D Kelly, Mr G Kelly,   Mr Kennedy, Mr Kinahan, Mr Leonard ,   Mr McCallister, Mr McCartney, Mr McClarty, Mr B McCrea, Mr McDevitt, Mr McFarland,   Mr McGimpsey, Mr McGlone, Mr McNarry,   Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Ms Purvis, Mr K Robinson, Ms Ruane, Mr Savage.

Tellers for the Ayes: Mr Beggs and Mr Burns.

Noes

Mr S Anderson, Lord Bannside, Mr Bell,   Lord Browne, Mr Buchanan, Mr T Clarke,   Mr Craig, Mr Easton, Mr Ford, Mr Frew, Mr Gibson, Mr Givan, Mr Hamilton, Mr Humphrey, Mr Irwin, Ms Lo, Mr Lyttle , Mr McCarthy, Mr McCausland, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr Ross, Mr Storey, Mr Weir,   Mr B Wilson.

Tellers for the Noes: Mr Buchanan and Mr McCarthy.

Clause 2, as amended, stand part of the Bill.

Local Government (Disqualification) (Amendment) Bill

Marshalled List of Amendments

Consideration Stage

Tuesday 12 October 2010

Amendments tabled up to 9.30am Thursday, 7 October 2010

The Bill will be considered in the following order-

[Clauses and Long Title]

Amendment 1

Clause 1 , Page 1, Line 1

Leave out clause 1 and insert -

‘Disqualification

1. A person shall be disqualified for being a councillor if that person is a member of the Northern Ireland Assembly.’

Ms Dawn Purvis

Amendment 2

Clause 1 , Page 1, Line 5

At end insert -

‘(2) The disqualification in subsection (1) shall take effect at the end of 60 days after a person takes his or her seat as a member of the Assembly.’

Chair, Committee for the Environment

Amendment 3

Clause 2 , Page 1, Line 6

Leave out clause 2 and insert -

‘Commencement

2. Section 1 comes into operation on the day of the first local general election to take place after Royal Assent.’

Ms Dawn Purvis

Amendment 4

New Clause

After clause 2 insert -

‘Interpretation

2A. In this Act -

“Councillor” and “Local government” have the same meaning as in the Local Government Act ( Northern Ireland) 1972;

“Local general election” has the same meaning as in the Electoral Law Act ( Northern Ireland) 1962.’

Ms Dawn Purvis

Amendment 5

Clause 3 , Page 1, Line 11

Leave out ‘(Amendment)’

Ms Dawn Purvis

Amendment 6

Long Title

Leave out ‘Amend the Local Government Act ( Northern Ireland) 1972 to’

Ms Dawn Purvis

Amendment 7

Long Title

Leave out ‘being elected, or being,’ and insert ‘being’

Ms Dawn Purvis

Northern Ireland Assembly

Papers Presented to the Assembly on
12 October 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 reference purposes only)

7. Written Ministerial Statements

8. Consultation Documents

Consultation on Next Steps for Healthy Start: Questionnaire, Adding Frozen Fruit and Vegetables and Minimising Voucher Misuse (DHSSPS)

9. Departmental Publications

Independent Review of Variable Fees and Student Finance Arrangements ( DEL)

10. Agency Publications

Charities Commission for Northern Ireland - Annual Report and Accounts 2009/10 (DSD)

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 12 OCTOBER 2010

Session 2010-2011
Executive Bills

Session 2010-2011
Non-Executive Bills

* Bill carried over from 2009-2010 by the Assembly as Royal Assent had not been achieved.
/ Bill progressing by accelerated passage