No. 27-10/11

Minute of Proceedings
Tuesday 14 December 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 Second Stage - Victims and Survivors (Disqualification) Bill (NIA Bill 6/10) (Vote on Second Stage without debate)

Mr P Weir

The Question being put, the Second Stage was negatived on a cross-community basis (Division 1). The Bill fell.

3. Executive Committee Business

3.1 Statement - North South Ministerial Council Health and Food Safety Sectoral Meeting

The Minister of Health, Social Services and Public Safety, Mr Michael McGimpsey, made a statement to the Assembly regarding the North-South Ministerial Council Health and Food Safety Sectoral meeting, held on 10 November 2010, following which he replied to questions.

The Deputy Speaker (Mr Dallat) took the Chair.

3.2 Consideration Stage - Safeguarding Board Bill (NIA Bill 25/09)

The Minister of Health, Social Services and Public Safety, Mr Michael McGimpsey, moved the Consideration Stage of the Safeguarding Board Bill.

23 amendments were tabled to the Bill .

Clauses

After debate, Amendments 1 and 2 to Clause 1 were made without division.

The question being put, it was agreed without division that Clause 1, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 2 stand part of the Bill.

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

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

The question being put, it was agreed without division that Clause 4 stand part of the Bill.

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

The question being put, it was agreed without division that Clause 5, as amended, stand part of the Bill.

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

The question being put, it was agreed without division that Clause 6, as amended, stand part of the Bill.

After debate, Amendments 7, 8 and 9 to Clause 7 were made without division.

The question being put, it was agreed without division that Clause 7, as amended, stand part of the Bill.

After debate, Amendment 10 to Clause 8 was made without division.

The question being put, it was agreed without division that Clause 8, as amended, stand part of the Bill.

After debate, Amendment 11 to Clause 9 was made without division.

The question being put, it was agreed without division that Clause 9 as amended stand part of the Bill.

After debate, Amendments 12 to 16 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.

After debate, Amendments 17 to 22 to Clause 11 were made without division.

The question being put, it was agreed without division that Clause 11, as amended, stand part of the Bill.

After debate, the question being put, it was agreed without division that Clause 12 stand part of the Bill.

After debate, Amendment 23, inserting a new clause after Clause 12, was made without division.

The question being put, it was agreed without division that Clauses 13 to 17 stand part of the Bill.

Long Title

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

Bill NIA 25/09 passed Consideration Stage and stood referred to the Speaker.

3.3 First Stage - Damages (Asbestos-related) Conditions Bill (NIA Bill 10/10)

The Minister of Finance and Personnel, Mr Sammy Wilson, introduced a Bill to provide that certain asbestos-related conditions are actionable personal injuries; and for connected purposes.

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

3.4 Further Consideration Stage - Construction Contracts (Amendment) Bill (NIA Bill 16/09)

The Minister of Finance and Personnel, Mr Sammy Wilson, moved the Further Consideration Stage of the Construction Contracts (Amendment) Bill (NIA Bill 16/09).

No amendments were tabled to the Bill.

Bill NIA 16/09 stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

3.5 Final Stage - Student Loans (Amendment) Bill (NIA Bill 22/09)

The Deputy Speaker (Mr Molloy) took the Chair.

The Minister for Employment and Learning, Mr Danny Kennedy, moved that the Final Stage of the Student Loans (Amendment) Bill (NIA Bill 22/09) do now pass.

Debate ensued.

Bill (NIA 22/09) passed Final Stage.

3.6 Final Stage - Tourism (Amendment) Bill (NIA Bill 30/09)

The Minister of the Environment, Mr Edwin Poots, on behalf of the Minister of Enterprise, Trade and Investment, Mrs Arlene Foster, moved that the Final Stage of the Tourism (Amendment) Bill (NIA Bill 30/09) do now pass.

Debate ensued.

Bill (NIA 30/09) passed Final Stage.

3.7 Second Stage - Planning Bill (NIA Bill 7/10)

The Minister of the Environment, Mr Edwin Poots, moved the Second Stage of the Planning Bill (NIA Bill 7/10).

Debate ensued.

The Speaker took the Chair.

The debate was suspended for Question Time.

4. Question Time

4.1 Culture, Arts and Leisure

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

4.2 Education

Questions were put to, and answered by, the Minister of Education, Ms Caitríona Ruane.

5. Questions for Urgent Oral Answer

5.1 Prison Service: Criminal Justice Inspection Report

The Minister of Justice, Mr David Ford, replied to a Question for Urgent Oral Answer, tabled by Ms Margaret Ritchie.

6. Executive Committee Business (Cont’d)

6.1 Second Stage - Planning Bill (NIA Bill 7/10) (Cont’d)

The Deputy Speaker (Mr McClarty) took the Chair.

Debate resumed on the Second Stage.

Bill (NIA 7/10) passed Second Stage.

7. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 4.56pm.

Mr William Hay
The Speaker
14 December 2010

Northern Ireland Assembly

14 December 2010
Divisions

Division No. 1

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

Mr P Weir

The Question was put and the Assembly divided.

Ayes: 48
Noes: 47

Ayes

Unionist

Mr S Anderson, Mr Armstrong, Lord Bannside, Mr Beggs, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Cobain, Mr Craig, Mr Cree, Mr Easton, Mr Elliott, Sir Reg Empey, Mrs Foster, Mr Frew, Mr Gardiner, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr McFarland, Mr McGimpsey, Miss McIlveen, Mr McNarry, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr K Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr S Wilson.

Tellers for the Ayes: Mr Buchanan and Miss McIlveen.

Noes

Nationalist

Ms M Anderson, Mr Attwood, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr PJ Bradley, Mr Brady, Mr Burns, Mr Callaghan , Mr W Clarke, Mr Dallat, 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 M McGuinness, 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, Mr Sheehan.

Unionist

Ms Purvis.

Other

Dr Deeny, Dr Farry, Ms Lo, Mr Lyttle, Mr McCarthy, Mr B Wilson.

Tellers for the Noes: Mr Brady and Mr Burns.

Total votes        95 Total Ayes            48 [50.5 % ]

Nationalist Votes         40              Nationalist Ayes                  0 [0.0 % ]

Unionist Votes 49 Unionist Ayes       48 [98.0 % ]

Other Votes         6 Other Ayes            0 [0.0 % ]

The vote on the Second Stage was negatived (cross-community vote).

Safeguarding Board Bill

Marshalled List of Amendments

Consideration Stage

Tuesday 14 December 2010

Amendments tabled up to 9.30am Thursday, 9 December 2010

The Bill will be considered in the following order-

Clauses and Long Title

Amendment 1

Clause 1 , Page 2, Line 7

At end insert ‘(including the circumstances in which they cease to hold office or may be removed or suspended from office)’

Minister for Health, Social Services and Public Safety

Amendment 2

Clause 1 , Page 2, Line 9

At end insert ‘(including provision as to which person or body provides the staff, premises or expenses)’

Minister for Health, Social Services and Public Safety

Amendment 3

Clause 3 , Page 3, Line 1

Leave out ‘take reasonable steps to’

Minister for Health, Social Services and Public Safety

Amendment 4

Clause 3 , Page 3, Line 10

Leave out ‘the approval of’ and insert ‘consultation with’

Minister for Health, Social Services and Public Safety

Amendment 5

Clause 5 , Page 3, Line 30

Leave out subsection (1) and insert -

‘(1) Regulations may make provision as to the exercise by the Safeguarding Board of any of its functions (including provision as to further duties to be imposed, procedures to be followed and the manner in which the Board is to exercise its functions).’

Minister for Health, Social Services and Public Safety

Amendment 6

Clause 6 , Page 3, Line 35

Leave out subsection (1) and insert -

‘(1) The Safeguarding Board must, within such period after the end of each financial year as the Department may direct, prepare and send to the Department a report in such form, and containing such information, as may be prescribed.’

Minister for Health, Social Services and Public Safety

Amendment 7

Clause 7 , Page 4, Line 10

At end insert ‘(including the circumstances in which they cease to hold office or may be removed or suspended from office)’

Minister for Health, Social Services and Public Safety

Amendment 8

Clause 7 , Page 4, Line 13

At end insert ‘(including provision as to which person or body provides the staff, premises or expenses)’

Minister for Health, Social Services and Public Safety

Amendment 9

Clause 7 , Page 4, Line 13

At end insert -

‘(4A) Regulations may provide that committees and sub-committees must include such representatives of such relevant persons or bodies as may be prescribed or such other persons as may be prescribed.’

Minister for Health, Social Services and Public Safety

Amendment 10

Clause 8 , Page 4, Line 28

Leave out subsection (2) and insert -

‘(2) Regulations may make provision as to the exercise by committees and sub-committees of any of their functions (including provision as to further duties to be imposed, procedures to be followed and the manner in which a committee or sub-committee is to exercise its functions).’

Minister for Health, Social Services and Public Safety

Amendment 11

Clause 9

Leave out clause 9 and insert -

‘Annual report of committees

9. Each committee must, within such period after the end of each financial year as the Safeguarding Board may direct, prepare and send to the Safeguarding Board a report in such form, and containing such information, as may be prescribed.’

Minister for Health, Social Services and Public Safety

Amendment 12

Clause 10 , Page 4, Line 37

After ‘Board’ insert ‘and each committee and sub-committee’

Minister for Health, Social Services and Public Safety

Amendment 13

Clause 10 , Page 4, Line 39

After ‘Board’ insert ‘or a committee or sub-committee’

Minister for Health, Social Services and Public Safety

Amendment 14

Clause 10 , Page 4, Line 41

After ‘Board’ insert ‘, committees and sub-committees’

Minister for Health, Social Services and Public Safety

Amendment 15

Clause 10 , Page 5, Line 1

After ‘Board’ insert ‘or a committee or sub-committee’

Minister for Health, Social Services and Public Safety

Amendment 16

Clause 10 , Page 5, Line 4

After ‘Board’ insert ‘or a committee or sub-committee’

Minister for Health, Social Services and Public Safety

Amendment 17

Clause 11 , Page 5, Line 12

After ‘Board’ insert ‘or a committee or sub-committee (as the case may be)’

Minister for Health, Social Services and Public Safety

Amendment 18

Clause 11 , Page 5, Line 14

After ‘complied with’ insert ‘as soon as reasonably practicable after receipt of such a request’

Minister for Health, Social Services and Public Safety

Amendment 19

Clause 11 , Page 5, Line 17

After ‘Board’ insert ‘or a committee or sub-committee’

Minister for Health, Social Services and Public Safety

Amendment 20

Clause 11 , Page 5, Line 21

After ‘Board’ insert ‘or a committee or sub-committee’

Minister for Health, Social Services and Public Safety

Amendment 21

Clause 11 , Page 5, Line 32

After ‘Board’ insert ‘or a committee or sub-committee’

Minister for Health, Social Services and Public Safety

Amendment 22

Clause 11 , Page 5, Line 34

After ‘Board’ insert ‘or a committee or sub-committee’

Minister for Health, Social Services and Public Safety

Amendment 23

New Clause

After clause 12 insert -

‘Minor or consequential amendments

12A. ¾(1) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership of the Assembly), insert at the appropriate place ¾

“Chair of the Safeguarding Board for Northern Ireland.”.

(2) In Schedule 2 to the Commissioner for Complaints ( Northern Ireland) Order 1996 (bodies subject to investigation), insert at the appropriate place ¾

“The Safeguarding Board for Northern Ireland.”.

(3) In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (offices and bodies which are public authorities for the purposes of the Act), insert at the appropriate place ¾

“The Safeguarding Board for Northern Ireland”.’

Minister for Health, Social Services and Public Safety

Northern Ireland Assembly

Papers Presented to the Assembly on
14 December 2010

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

Cyclists (Protective Headgear) Bill (As Introduced) NIA Bill 9/10

Energy Bill (As Amended at Consideration Stage) NIA Bill 23/09

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

InterTradeIreland: Annual Review of Activities and Annual Accounts 2009 (DETI)

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

Briefing Paper - Safeguarding and Protecting Vulnerable Adults in Northern Ireland (DHSSPS)

10. Agency Publications

11. Westminster Publications

12. Miscellaneous Publications