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No. 26-10/11

Minute of Proceedings
Monday 13 December 2010

The Assembly met at noon, the Speaker in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Assembly Business

2.1 Motion - Extension of Monday Sitting

Proposed:

That, in accordance with Standing Order 10(3A), the sitting on Monday 13 December 2010 be extended to 10.00pm.

Lord Morrow
Mr P Weir

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

3. Executive Committee Business

3.1 Statement - North-South Ministerial Council Trade and Business Development Sectoral Meeting

The Minister of Enterprise, Trade and Investment, Mrs Arlene Foster, made a statement to the Assembly regarding the North-South Ministerial Council Trade and Business Development Sectoral meeting, held on 12 November 2010, following which she replied to questions.

The Deputy Speaker (Mr Dallat) took the Chair.

3.2 Consideration Stage - Energy Bill (NIA Bill 23/09)

The Minister of Enterprise, Trade and Investment, Mrs Arlene Foster, moved the Consideration Stage of the Energy Bill.

Seven amendments were tabled to the Bill .

Clauses

The question being put, it was agreed without division that Clauses 1 to 9 stand part of the Bill.

After debate, Amendment 1 to Clause 10 was negatived (Division 1).

After debate, Amendments 2, 3, 4 and 5 to Clause 10 were made without division.

The question being put, it was agreed without division that Clause 10, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 11 to 23 stand part of the Bill.

After debate, Amendment 6 to Clause 24 was made without division.

The question being put, it was agreed without division that Clause 24, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 25 to 34 stand part of the Bill.

After debate, Amendment 7 to Clause 35 was made without division.

The question being put, it was agreed without division that Clause 35, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 36 and 37 stand part of the Bill.

Schedule

The question being put, it was agreed without division that the Schedule stand part of the Bill.

Long Title

The question being put, the Long Title was agreed without division.

Bill (NIA 23/09) passed Consideration Stage and stood referred to the Speaker.

4. Committee Business

4.1 Motion - Statutory Committee Membership

Proposed:

That Mr Pat Sheehan replace Mr Raymond McCartney as a member of the Committee for Culture, Arts and Leisure.

Ms C Ní Chuilín
Mr P Maskey

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

4.2 Motion - Standing Committee Membership

Proposed:

That Mr Pat Sheehan replace Mr John O'Dowd as a member of the Assembly and Executive Review Committee.

Ms C Ní Chuilín
Mr P Maskey

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

4.3 Motion - Report on the Financial Support and Pensions for Members of the Northern Ireland Assembly (December 2010) and the Northern Ireland Assembly (Members' Expenditure) Determination 2010

Proposed:

That this Assembly approves the Assembly Commission's Report on the Financial Support and Pensions for Members of the Northern Ireland Assembly (December 2010); and makes the Northern Ireland Assembly (Members' Expenditure) Determination 2010.

Mr P Weir
Mr P Doherty
Rev Dr R Coulter
Mr P Ramsey
Mr S Neeson

Debate ensued.

The Deputy Speaker (Mr Molloy) took the Chair.

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

5. Question Time

5.1 Enterprise, Trade and Investment

Questions were put to, and answered by, the Minister of Enterprise, Trade and Investment, Mrs Arlene Foster.

5.2 Regional Development

Questions were put to, and answered by, the Minister for Regional Development, Mr Conor Murphy.

6. Committee Business (Cont’d)

6.1 Motion - Funding for Hospice Services

The Deputy Speaker (Mr McClarty) took the Chair.

Proposed:

That this Assembly calls on the Minister of Health, Social Services and Public Safety to fund hospice services in line with the funding provided for such services by the Scottish Government.

Chairperson, Committee for Health, Social Services and Public Safety

Debate ensued.

The Speaker took the Chair.

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

7. Private Members’ Business

7.1 First Stage - Cyclists (Protective Headgear) Bill (NIA Bill 9/10)

Mr Pat Ramsey introduced a Bill to require people to wear protective headgear while riding cycles; to prescribe penalties for contraventions; and for connected purposes.

Bill passed First Stage and ordered to be printed (NIA Bill 9/10).

7.2 Second Stage - Victims and Survivors (Disqualification) Bill (NIA Bill 6/10)

Following receipt of a valid Petition of Concern, under Standing Order 28, Members were informed that the vote on the Second Stage would be taken as the first item of business on Tuesday 14 December, and that the vote would be taken on a cross community basis.

Mr Peter Weir moved the Second Stage of the Victims and Survivors (Disqualification) Bill (NIA Bill 6/10).

Debate ensued.

8. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 8.33pm.

Mr William Hay
The Speaker
13 December 2010

Northern Ireland Assembly

13 December 2010
Divisions
Division No. 1

Consideration Stage: Energy Bill – Amendment 1

Proposed:

Clause 10, Page 6, Line 40

Leave out ‘or by culpable negligence’

Mr Alban Maginness, Chair, Statutory Committee for Enterprise, Trade and Investment
Ms Jennifer McCann

The Question was put and the Assembly divided.

Ayes: 39
Noes: 49

Ayes

Ms M Anderson, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr Callaghan, Mr W Clarke, Mr Doherty, Mr Gallagher, 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 McHugh, Mr McKay, Mr Molloy, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Ms Purvis, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Leonard and Mrs McGill.

Noes

Mr S Anderson, Mr Beggs, Mr Bell, Mr Bresland, Lord Browne, Mr Campbell, Mr T Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Craig, Mr Cree, Mr Easton, Mr Elliott, Sir Reg Empey, Dr Farry, Mrs Foster, Mr Frew, Mr Gardiner, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCarthy, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr McFarland, Mr McGimpsey, Miss McIlveen, Mr McNarry, Mr McQuillan, Lord Morrow, Mr Moutray, Mr G Robinson, Mr K Robinson, Mr Ross, Mr Savage, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr B Wilson.

Tellers for the Noes: Mr Frew and Mr Givan.

Amendment 1 was negatived.

Appendix 1

Northern Ireland Assembly

The following Members presented a petition of concern, in accordance with Standing Order 28, on Monday 13 December 2010, in relation to the Second Stage of the Victims and Survivors (Disqualification) Bill (NIA Bill 6/10)

MR ALEX ATTWOOD
MRS MARY BRADLEY
MR PJ BRADLEY
MR THOMAS BURNS
MR PÓL CALLAGHAN
MR TOMMY GALLAGHER
MR CONALL MCDEVITT
MR ALBAN MAGINNESS
MR PATSY MCGLONE
MR DECLAN O’LOAN
MS CAITRÍONA RUANE
MR DAITHÍ MCKAY
M R ALEX MASKEY
MR PAUL MASKEY
MS CARAL NÍ CHUILÍN
MR JOHN O’DOWD
MR CONOR MURPHY
MR GERRY KELLY
MS MARTINA ANDERSON
MRS MICHELLE O’NEILL
MR MARTIN MCGUINNESS
MR BARRY MCELDUFF
MR MICKEY BRADY
MR RAYMOND MCCARTNEY
MRS CLAIRE MCGILL
MS MICHELLE GILDERNEW
MS SUE RAMSEY
MR PAT DOHERTY
MR CATHAL BOYLAN
MR BILLY LEONARD
MS JENNIFER MCCANN
MR WILLIE CLARKE
MR PAUL BUTLER
MR PAT SHEEHAN
MR FRA MCCANN
MR MITCHEL MCLAUGHLIN
MR FRANCIE MOLLOY

Energy Bill

Marshalled List of Amendments

Consideration Stage

Monday 13 December 2010

Amendments tabled up to 9.30am Thursday, 9 December 2010

The Bill will be considered in the following order-

Clauses, Schedule and Long Title

Amendment 1

Clause 10 , Page 6, Line 40

Leave out ‘or by culpable negligence’

Mr Alban Maginness, Chair, Statutory Committee for Enterprise, Trade and Investment

Ms Jennifer McCann

Amendment 2

Clause 10 , Page 6, Line 40

Leave out ‘by culpable negligence’ and insert ‘recklessly’

Minister of Enterprise, Trade and Investment

Amendment 3

Clause 10 , Page 6, Line 4

After ‘conveyor’ insert -

‘(b) alters the index to any meter used for measuring the quantity of gas conveyed or supplied by a gas conveyor or gas supplier; or

(c) prevents any such meter from duly registering the quantity of gas conveyed or supplied,’

Minister of Enterprise, Trade and Investment

Amendment 4

Clause 10 , Page 7, Line 3

Leave out ‘subsection (1)’ and insert ‘subsection (1)(a)’

Minister of Enterprise, Trade and Investment

Amendment 5

Clause 10 , Page 7, Line 14

Leave out ‘or disposal’ and insert ‘, disposal or repair’

Minister of Enterprise, Trade and Investment

Amendment 6

Clause 24 , Page 16, Line 8

Leave out ‘leave’ and insert ‘permission’

Minister of Enterprise, Trade and Investment

Amendment 7

Clause 35 , Page 23, Line 40

Leave out ‘Energy’ and insert ‘Utility’

Minister of Enterprise, Trade and Investment

Northern Ireland Assembly

Papers Presented to the Assembly from
8 to 13 December 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

An Inspection of Northern Ireland Prison Service Corporate Governance Arrangements (DOJ)

5. Assembly Reports

Report on the Financial Support and Pensions for Members of the Northern Ireland Assembly NIA 28/10/11R (NI Assembly Commission)

6. Statutory Rules

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

S.R. 2010/395 The Education (School Development Plans) Regulations ( Northern Ireland) 2010 (DE)

S.R. 2010/399 The Public Interest Disclosure (Prescribed Persons) (Amendment No.2) Order ( Northern Ireland) 2010 ( DEL)

S.R. 2010/404 The Medicines (Pharmacies) (Applications for Registration and Fees) Regulations ( Northern Ireland) 2010 (DHSSPS)

S.R. 2010/405 The Homelessness (Review) Regulations ( Northern Ireland) 2010 (DSD)

S.R. 2010/406 The Transmissible Spongiform Encephalopathies Regulations ( Northern Ireland) 2010 (DARD)

S.R. 2010/407 The Rate of Bereavement Benefits Regulations ( Northern Ireland) 2010 (DSD)

S.R. 2010/410 Local Government Pension Scheme (Amendment No. 2) Regulations ( Northern Ireland) 2010 (DOE)

S.R. 2010/411 The Nitrates Action Programme Regulations ( Northern Ireland) 2010 (DOE/DARD)

S.R. 2010/413 The Occupational Pensions (Revaluation) Order ( Northern Ireland) 2010 (DSD)

7. Written Ministerial Statements

8. Consultation Documents

Child Poverty Strategy (OFMDFM)

Play and Leisure Implementation Plan (OFMDFM)

9. Departmental Publications

Examination of Procurement Breaches in Northern Ireland Water (NIAO)

Osteoarthritis of the knee in carpet fitters and carpet and floor layers (DSD)

The Industrial Injuries Advisory Council – Position Paper: Lead and a) fertility or b) cancer (DSD)

10. Agency Publications

11. Westminster Publications

12. Miscellaneous Publications

 

 

 

 


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