No. 17-10/11

Minute of Proceedings
Tuesday 9 November 2010

The Assembly met at 10.30am, the Speaker in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Assembly Business

2.1 Resignation

The Speaker informed Members that he had received a letter from Mr Mark Durkan resigning as a Member of the Assembly, with effect from Tuesday 9 November 2010. The Speaker advised that he had notified the Chief Electoral Officer, in accordance with section 35 of the Northern Ireland Act 1998.

3. Executive Committee Business

3.1 Statement - North-South Ministerial Council Transport Sectoral Meeting

The Minister for Regional Development, Mr Conor Murphy, made a statement to the Assembly regarding the North-South Ministerial Council Transport Sectoral meeting, held on 20 October 2010, following which he replied to questions.

3.2 Final Stage - Debt Relief Bill (NIA Bill 9/09)

The Minister of Enterprise, Trade and Investment, Mrs Arlene Foster, moved that the Final Stage of the Debt Relief Bill (NIA 9/09) do now pass.

Debate ensued.

Bill (NIA 9/09) passed Final Stage.

3.3 Final Stage - Unsolicited Services (Trade and Business Directories) Bill (NIA Bill 12/09)

The Minister of Enterprise, Trade and Investment, Mrs Arlene Foster, moved that the Final Stage of the Unsolicited Services (Trade and Business Directories) Bill (NIA Bill 12/09) do now pass.

Debate ensued.

Bill (NIA 12/09) passed Final Stage.

3.4 Motion - Additional Paternity Leave Regulations ( Northern Ireland) 2010

Proposed:

That the Additional Paternity Leave Regulations ( Northern Ireland) 2010 be approved.

Minister for Employment and Learning

Debate ensued.

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

3.5 Motion - Additional Statutory Paternity Pay (General) Regulations ( Northern Ireland) 2010

That the Additional Statutory Paternity Pay (General) Regulations ( Northern Ireland) 2010 be approved.

Minister for Employment and Learning

Debate ensued.

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

3.6 Motion - Additional Paternity Leave (Adoptions from Overseas) Regulations ( Northern Ireland) 2010

Proposed:

That the Additional Paternity Leave (Adoptions from Overseas) Regulations ( Northern Ireland) 2010 be approved.

Minister for Employment and Learning

Debate ensued.

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

3.7 Motion - Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations ( Northern Ireland) 2010

Proposed:

That the Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations ( Northern Ireland) 2010 be approved.

Minister for Employment and Learning

Debate ensued.

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

3.8 Motion - Additional Statutory Paternity Pay (Weekly Rates) Regulations ( Northern Ireland) 2010

Proposed:

That the Additional Statutory Paternity Pay (Weekly Rates) Regulations ( Northern Ireland) 2010 be approved.

Minister for Employment and Learning

Debate ensued.

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

3.9 Motion - Employment Rights ( Northern Ireland) Order 1996 (Application of Article 112BB to Adoptions from Overseas) Regulations ( Northern Ireland) 2010

Proposed:

That the Employment Rights ( Northern Ireland) Order 1996 (Application of Article 112BB to Adoptions from Overseas) Regulations ( Northern Ireland) 2010 be approved.

Minister for Employment and Learning

Debate ensued.

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

4. Private Members’ Business

4.1 Further Consideration Stage - Local Government (Disqualification) Bill (NIA Bill 7/09)

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

Sevenamendments were tabled to the Bill.

Debate ensued.

Clauses

After debate, Amendment 1 to Clause 1 was made without Division.

After debate, Amendment 2 to Clause 1 was negatived without Division.

The sitting was suspended at 12.31pm.

The sitting resumed at 2.00pm, with the Speaker in the Chair.

The debate resumed on the Further Consideration Stage.

The debate was suspended for Question Time.

The Deputy Speaker (Mr Dallat) took the Chair.

5. Question Time

5.1 Finance and Personnel

Questions were put to, and answered by, the Minister of Finance and Personnel, Mr Sammy Wilson.

5.2 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.

The Deputy Speaker (Mr McClarty) took the Chair.

6. Private Members’ Business (Cont’d)

6.1 Further Consideration Stage - Local Government (Disqualification) Bill (NIA Bill 7/09) (Cont’d)

Debate resumed on the Further Consideration Stage.

After debate, Amendment 3 to Clause 2 was negatived (Division 1).

After debate, Amendment 4 to Clause 2 was negatived (Division 2).

After debate, Amendment 5, inserting a new clause after Clause 2, was not called.

After debate, Amendment 6 to Clause 3 was made without Division.

After debate, Amendment 7 to the Long Title was made without Division.

Bill (NIA 7/09) passed Further Consideration Stage and stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

The Deputy Speaker (Mr Molloy) took the Chair.

7. Adjournment

Mr Paul Givan spoke to his topic on Ballymacash Social Housing Scheme.

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 5.02pm.

Mr William Hay
The Speaker
9 November 2010

Northern Ireland Assembly

9 November 2010
Divisions

Division No. 1

Further Consideration Stage: Local Government (Disqualification) Bill - Amendment 3

Proposed:

Clause 2, Page 1, Line 7

Leave out ‘the day of the first local general election to take place after Royal Assent.’ and insert ‘1st May 2014.’

Mr P Weir

The Question was put and the Assembly divided.

Ayes: 40
Noes: 52

Ayes

Mr S Anderson, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Craig, Mr Easton, Dr Farry, Mr Ford, Mrs Foster, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCarthy, Mr McCausland, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr S Wilson.

Tellers for the Ayes: Mr McQuillan and Mr Ross.

Noes

Mr Adams, Ms M Anderson, Mr Armstrong, Mr Attwood, 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 Dallat, Mr Elliott, Sir Reg Empey, Mr Gallagher, Mr Gardiner, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Kennedy, Mr Kinahan, Mr Leonard, Mr A Maginness, Mr A Maskey, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Mr B McCrea, Mr McDevitt, Mr McElduff, Mr McFarland, Mrs McGill, Mr McGimpsey, Mr McGlone, Mr M McGuinness, Mr McKay, Mr McLaughlin, Mr McNarry, Mr Molloy, Mr Murphy, Mr O’Dowd, Mr O’Loan, Ms Purvis, Ms S Ramsey, Mr K Robinson, Ms Ruane.

Tellers for the Noes: Mr McFarland and Ms Purvis.

The Amendment fell.

Northern Ireland Assembly

9 November 2010
Divisions

Division No. 2

Further Consideration Stage: Local Government (Disqualification) Bill - Amendment 4

Proposed:

Clause 2, Page 1, Line 8

Leave out ‘Royal Assent’ and insert -

‘the making of the first order to be made after Royal Assent under section 50(10) of the Local Government Act ( Northern Ireland) 1972.’

Mr P Weir

The Question was put and the Assembly divided.

Ayes: 40
Noes: 53

Ayes

Mr S Anderson, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Craig, Mr Easton, Dr Farry, Mr Ford, Mrs Foster, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCarthy, Mr McCausland, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells , Mr S Wilson.

Tellers for the Ayes: Mr McQuillan and Mr Ross.

Noes

Mr Adams, Ms M Anderson, Mr Armstrong, Mr Attwood, 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 Dallat, Mr Elliott, Sir Reg Empey, Mr Gallagher, Mr Gardiner, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Kennedy, Mr Kinahan, Mr Leonard, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Mr B McCrea, Mr McDevitt, Mr McElduff, Mr McFarland, Mrs McGill, Mr McGimpsey, Mr McGlone, Mr M McGuinness, Mr McKay, Mr McLaughlin, Mr McNarry, Mr Molloy, Mr Murphy, Mr O’Dowd, Mr O’Loan, Ms Purvis, Ms S Ramsey, Mr K Robinson, Ms Ruane.

Tellers for the Noes: Mr McFarland and Ms Purvis.

The Amendment fell.

Local Government (Disqualification) Bill
Marshalled List of Amendments
Further Consideration Stage
Tuesday 9 November 2010

Amendments tabled up to 9.30am Thursday, 4 November 2010

The Bill will be considered in the following order-

[Clauses and Long Title]

Amendment 1

Clause 1 , Page 1, Line 2

At beginning insert ‘Subject to subsection (2),’

Ms Dawn Purvis

Amendment 2

Clause 1 , Page 1, Line 4

Leave out ‘60’ and insert ‘14’

Mr Danny Kinahan
Mr Roy Beggs

Amendment 3

Clause 2 , Page 1, Line 7

Leave out ‘the day of the first local general election to take place after Royal Assent.’ and insert ‘1st May 2014.’

Mr Peter Weir

Amendment 4

Clause 2 , Page 1, Line 8

Leave out ‘Royal Assent’ and insert -

‘the making of the first order to be made after Royal Assent under section 50(10) of the Local Government Act ( Northern Ireland) 1972.’

Mr Peter Weir

Amendment 5

New Clause

After clause 2 insert -

‘Interim Arrangements

2A. -(1) The Department of the Environment shall make regulations under section 36 of the Local Government Act ( Northern Ireland) 1972 reducing allowances payable to councillors who are members of the Assembly.

(2) The regulations shall have effect from the end of the period of 1 year after Royal Assent until the commencement of section 1.’

Mr Peter Weir

Amendment 6

Clause 3 , Page 1, Line 11

Leave out ‘and “local government” have’ and insert ‘has’

Ms Dawn Purvis

Amendment 7

Long Title

Leave out ‘from’ and insert ‘for’

Ms Dawn Purvis

Northern Ireland Assembly

Papers Presented to the Assembly on
9 November 2010

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

Autism Bill (NIA Bill 2/10)

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

5. Assembly Reports

The Management of Substitution Cover for Teachers: Follow-up Report (NIA 20/10/11R) (Public Accounts Committee)

6. Statutory Rules

(The Department identified after each rule is for reference purposes only)

S.R. 2010/365 The Units of Measurement Regulations ( Northern Ireland) 2010 (DETI)

S.R. 2010/366 The Weights and Measures (Metrication Amendments) Regulations ( Northern Ireland) 2010 (DETI)

For Information Only

S.R. 2010/368 The Prohibition of Right-Hand Turn ( Belfast) Order ( Northern Ireland) 2010 (DRD)

7. Written Ministerial Statements

8. Consultation Documents

Consultation Paper on Planning Fees in Northern Ireland: Proposals for Change (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 NOVEMBER 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