No. 32-10/11

Minute of Proceedings
Tuesday 25 January 2011

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 Governance in the Northern Ireland Housing Executive

The Minister for Social Development, Mr Alex Attwood, made a statement to the Assembly regarding the review of governance in the Northern Ireland Housing Executive, following which he replied to questions.

2.2 Consideration Stage - Local Government Finance Bill (NIA Bill 14/09)

The Minister of the Environment, Mr Edwin Poots, moved the Consideration Stage of the Local Government Finance Bill (NIA Bill 14/09).

Thirteen amendments were tabled to the Bill .

Clauses

The question being put, it was agreed without division that Clauses 1 to 23 stand part of the Bill.

After debate, Amendments 1 and 2 to Clause 24 were 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 and 26 stand part of the Bill.

The sitting was suspended at 12.31pm.

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

3. Question Time

3.1 Justice

Questions were put to, and answered by, the Minister of Justice, Mr David Ford.

3.2 Regional Development

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

4. Question for Urgent Oral Answer

4.1 Royal Belfast Hospital for Sick Children

The Minister of Health, Social Services and Public Safety, Mr Michael McGimpsey, replied to a Question for Urgent Oral Answer, tabled by Ms Sue Ramsey.

5. Executive Committee Business (Cont’d)

5.1 Consideration Stage - Local Government Finance Bill (NIA Bill 14/09) (Cont’d)

Debate resumed on the Consideration Stage.

After debate, Amendment 3 to Clause 27 was made (Division 1).

After debate, Amendments 4, 5 and 6 to Clause 27 were made without division.

The question being put, it was agreed without division that Clause 27, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 28 to 31 stand part of the Bill.

After debate, Amendments 7, 8 and 9 to Clause 32 were made without division.

The question being put, it was agreed without division that Clause 32, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 33 to 38 stand part of the Bill.

After debate, Amendments 10 and 11 to Clause 39 were made without division.

The question being put, it was agreed without division that Clause 39, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 40 to 42 stand part of the Bill.

After debate, Amendment 12 to Clause 43 was made without division.

The question being put, it was agreed without division that Clause 43, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 44 to 48 stand part of the Bill.

Schedules

After debate, Amendment 13 to Schedule 1 was 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

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

Bill NIA 14/09 passed Consideration Stage and stood referred to the Speaker.

5.2 Final Stage - Waste and Contaminated Land (Amendment) Bill (NIA Bill 10/09)

The Minister of the Environment, Mr Edwin Poots, moved that the Final Stage of the Waste and Contaminated Land (Amendment) Bill (NIA Bill 10/09) do now pass.

Debate ensued.

NIA Bill 10/09 passed Final Stage.

6. Speaker’s Business

6.1 Royal Assent

The Deputy Speaker informed Members that Royal Assent had been signified on 25 January 2011 to the Commissioner for Older People Act (Northern Ireland) 2011, the Student Loans (Amendment) Act (Northern Ireland) 2011 and the Tourism (Amendment) Act (Northern Ireland) 2011.

7. Executive Committee Business (Cont’d)

7.1 Final Stage - Energy Bill (NIA Bill 23/09)

The Minister of Enterprise, Trade and Investment, Mrs Arlene Foster, moved that the Final Stage of the Energy Bill (NIA Bill 23/09) do now pass.

Debate ensued.

NIA Bill 23/09 passed Final Stage.

7.2 Final Stage - Safeguarding Board Bill (NIA Bill 25/09)

The Minister of Health, Social Services and Public Safety, Mr Michael McGimpsey, moved that the Final Stage of the Safeguarding Board Bill (NIA Bill 25/09) do now pass.

Debate ensued.

NIA Bill 25/09 passed Final Stage.

8. Committee Business

8.1 Further Consideration Stage - Allowances to Members of the Assembly (Repeal) Bill (NIA Bill 27/09)

Rev Dr Robert Coulter moved the Further Consideration Stage of the Allowances to Members of the Assembly (Repeal) Bill (NIA Bill 27/09).

No amendments were tabled to the Bill.

Bill NIA 27/09 stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

9. Private Members’ Business

9.1 Consideration Stage - Caravans Bill (NIA Bill 17/09)

A valid Petition of Concern in relation to Amendments 12, 13, 14 and 15 was presented under Standing Order 28, on 24 January 2011 (Appendix 1).

Mr John McCallister moved the Consideration Stage of the Caravans Bill (NIA Bill 17/09).

The Speaker took the Chair.

Twenty-six amendments were tabled to the Bill.

Clauses

After debate, Amendment 1 to Clause 1 was 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 Clauses 2 and 3 stand part of the Bill.

After debate, Amendment 2 to Clause 4 was made without division.

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

After debate, Amendment 3 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.

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

After debate, Amendments 4 and 5 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, Amendments 6, 7 and 8 to Clause 8 were 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 9, inserting a new Clause after Clause 8, was made without division.

After debate, Amendment 10, inserting a new Clause after Clause 8, was made without division.

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

After debate, Amendment 11 to Clause 10 was 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 12 and 13 to Clause 11 were negatived (Divisions 2 and 3).

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

The question being put, it was agreed without division that Clauses 12 to 14 stand part of the Bill.

After debate, Amendment 14, inserting a new Clause after Clause 14, was negatived (Division 4).

The Deputy Speaker (Mr Molloy) took the Chair.

As Amendment 14 was not made, Amendment 15 was not called.

After debate, Amendments 16, 17 and 18 to Clause 15 were made without division.

The question being put, it was agreed without division that Clause 15, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 16 and 17 stand part of the Bill.

Schedule

After debate, Amendments 19 to 25 to the Schedule were made without division.

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

After debate, Amendment 26, inserting a new Schedule after the Schedule, was made without division.

Long Title

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

Bill NIA 17/09 passed Consideration Stage and stood referred to the Speaker.

10. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 8.35pm.

Mr William Hay
The Speaker
25 January 2011

Northern Ireland Assembly

25 January 2011
Divisions

Division No. 1

Consideration Stage: Local Government Finance Bill - Amendment 3

Proposed:

Clause 27, Page 9, Line 26

At end insert -

‘and shall not be reduced during the financial year in question’

Chairperson, Committee for the Environment.

The Question was put and the Assembly divided.

Ayes: 53
Noes: 33

Ayes

Ms M Anderson, Mr Armstrong, Mr Attwood, Mr Beggs, Mr Boylan, Mrs M Bradley, Mr PJ Bradley, Mr Brady, Mr Burns, Mr Butler, Mr Callaghan, Mr W Clarke, Rev Dr Robert Coulter, Mr Doherty, Mr Elliott, Dr Farry, Mr Ford, Mr Gallagher, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Kennedy, Mr Kinahan, Mr Leonard, Ms Lo, Mr Lyttle, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr McCallister, Mr F McCann, Mr McCarthy, Mr McCartney, Mr B McCrea, Mr McDevitt, Mr McElduff, Mr McFarland, Mrs McGill, Mr McGimpsey, Mr McGlone, Mr M McGuinness, Mr McKay, Mr Murphy, Mr Neeson, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Mr K Robinson, Ms Ruane, Mr Sheehan.

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

Noes

Mr S Anderson, Lord Bannside, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Craig, Mr Easton, Mrs Foster, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Irwin, 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 S Wilson.

Tellers for the Noes: Mr T Clarke and Mr Ross.

The Amendment was made.

Northern Ireland Assembly

25 January 2011
Divisions

Division No. 2

Consideration Stage: Caravans Bill - Amendment 12

Proposed:

Clause 11, Page 8, Line 42

After ‘paragraph 11’ insert ‘or 11A’

Mr F McCann
Mr M Brady
Mrs M Bradley
Ms A Lo

The Question was put and the Assembly divided.

Ayes: 31
Noes: 32

Ayes

Nationalist:

Ms M Anderson, Mr Attwood, Mr Boylan, Mrs M Bradley, Mr Brady, Mr Burns, Mr Butler, Mr W Clarke, Mr Gallagher, Mrs D Kelly, Mr G Kelly, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McCartney, Mr McDevitt, Mr McElduff, Mrs McGill, Mr McGlone, Mr McKay, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Other:

Dr Farry, Ms Lo.

Tellers for the Ayes: Ms Lo and Mrs McGill.

Noes

Unionist:

Mr S Anderson, Mr Armstrong, Mr Beggs, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Craig, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gibson , Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr Kennedy, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells.

Tellers for the Noes: Mr S Anderson and Mr Craig.

Total votes           63    Total Ayes          31     [49.2 % ]

Nationalist Votes   29 Nationalist Ayes 29    [100.0 % ]

Unionist Votes     32    Unionist Ayes        0 [0.0 % ]

Other Votes           2    Other Ayes            2     [100.0 %]

The following Members voted in both Lobbies and are therefore not counted in the result:

Mr McCallister and Mr B McCrea.

The Amendment was negatived (cross community vote).

Northern Ireland Assembly

25 January 2011
Divisions

Division No. 3

Consideration Stage: Caravans Bill - Amendment 13

Proposed:

Clause 11, Page 8, Line 43

After ‘council’ insert ‘or provided and managed by the Housing Executive’

Mr F McCann
Mr M Brady
Mrs M Bradley
Ms A Lo

The Question was put and the Assembly divided.

Ayes: 31
Noes: 32

Ayes

Nationalist:

Ms M Anderson, Mr Attwood, Mr Boylan, Mrs M Bradley, Mr Brady, Mr Burns, Mr Butler, Mr W Clarke, Mr Gallagher, Mrs D Kelly, Mr G Kelly, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McCartney, Mr McDevitt, Mr McElduff, Mrs McGill, Mr McGlone, Mr McKay, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Other:

Dr Farry, Ms Lo.

Tellers for the Ayes: Ms Lo and Mrs McGill.

Noes

Unionist:

Mr S Anderson, Mr Armstrong, Mr Beggs, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Craig, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr Kennedy, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells.

Tellers for the Noes: Mr S Anderson and Mr Craig.

Total votes        63      Total Ayes           31   [49.0 % ]

Nationalist Votes 29   Nationalist Ayes 29   [100.0 % ]

Unionist Votes     32 Unionist Ayes        0 [0.0 % ]

Other Votes           2    Other Ayes          2   [100.0 %]

The following Members voted in both Lobbies and are therefore not counted in the result:

Mr McCallister and Mr McCrea.

The Amendment was negatived (cross community vote).

Northern Ireland Assembly

25 January 2011
Divisions

Division No. 4

Consideration Stage: Caravans Bill - Amendment 14

Proposed:

New Clause

After clause 14 insert -

‘Part 4A

Licensing of Caravan Sites

Exemption from licensing of sites for Irish Traveller community provided and managed by the Housing Executive

14A. In the Schedule to the Caravans Act (sites exempt from licensing) after paragraph 11 insert -

“sites for irish traveller community

11A. A site license shall not be required for the use as a caravan site of land provided and managed by the Northern Ireland Housing Executive under Article 28A of the Housing (Northern Ireland) Order 1981 (NI 3) (provision of caravan sites for Irish Traveller Community).”’

Mr F McCann
Mr M Brady
Mrs M Bradley
Ms A Lo

The Question was put and the Assembly divided.

Ayes: 30
Noes: 32

Ayes

Nationalist:

Ms M Anderson, Mr Attwood, Mr Boylan, Mrs M Bradley, Mr Brady, Mr Burns, Mr Butler, Mr W Clarke, Mrs D Kelly, Mr G Kelly, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McCartney, Mr McDevitt, Mr McElduff, Mrs McGill, Mr McGlone, Mr McKay, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Other:

Dr Farry, Ms Lo.

Tellers for the Ayes: Ms Lo and Mrs McGill.

Noes

Unionist:

Mr S Anderson, Mr Armstrong, Mr Beggs, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Craig, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr Kennedy, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells.

Tellers for the Noes: Mr S Anderson and Mr Craig.

Total votes          62 Total Ayes           30   [48.4 % ]

Nationalist Votes 28 Nationalist Ayes 28 [100.0 % ]

Unionist Votes     32 Unionist Ayes        0 [0.0 % ]

Other Votes              2 Other Ayes           2 [100.0 %]

The following Members voted in both Lobbies and are therefore not counted in the result:

Mr McCallister and Mr McCrea.

The Amendment was negatived (cross community vote).

Appendix 1

Northern Ireland Assembly

The following Members presented a petition of concern, in accordance with Standing Order 28, on Monday 24 January 2011, in relation to Amendments 12, 13, 14 and 15 tabled for the Consideration Stage of the Caravan Bill (NIA Bill 17/09).

MR SYDNEY ANDERSON
THE LORD BANNSIDE
MR JONATHAN BELL
MR ALLAN BRESLAND
THE LORD BROWNE
MR THOMAS BUCHANAN
MR GREGORY CAMPBELL
MR TREVOR CLARKE
MR JONATHAN CRAIG
MR ALEX EASTON
MRS ARLENE FOSTER
MR PAUL FREW
MR SIMPSON GIBSON
MR PAUL GIRVAN
MR PAUL GIVAN
MR SIMON HAMILTON
MR DAVID HILDITCH
MR WILLIAM HUMPHREY
MR WILLIAM IRWIN
MR NELSON MCCAUSLAND
MR IAN MCCREA
MISS MICHELLE MCILVEEN
MR ADRIAN MCQUILLAN
THE LORD MORROW
MR STEPHEN MOUTRAY
MR EDWIN POOTS
MR GEORGE ROBINSON
MR ALASTAIR ROSS
MR JIMMY SPRATT
MR MERVYN STOREY
MR PETER WEIR
MR JIM WELLS
MR SAMMY WILSON

Local Government Finance Bill
Marshalled List of Amendments
Consideration Stage
Tuesday 25 January 2011

Amendments tabled up to 9.30am Thursday, 20 January 2011

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1

Clause 24 , Page 8, Line 27

Leave out ‘made subject to negative resolution’

Minister of the Environment

Amendment 2

Clause 24 , Page 8, Line 29

At end insert -

‘(10) An order shall not be made under subsection (9) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.’

Minister of the Environment

Amendment 3

Clause 27 , Page 9, Line 26

At end insert -

‘and shall not be reduced during the financial year in question’

Chair, Committee for the Environment

Amendment 4

Clause 27 , Page 9

Leave out lines 33 to 35

Minister of the Environment

Amendment 5

Clause 27 , Page 9

Leave out lines 40 and 41

Minister of the Environment

Amendment 6

Clause 27 , Page 10, Line 5

At end insert -

‘(9A) A council shall give the Department such information for the purpose of the calculation mentioned in subsection (5), at such time and in such form as the Department may determine.’

Minister of the Environment

Amendment 7

Clause 32 , Page 12, Line 9

Leave out ‘chairman’ and insert ‘chairperson’

Minister of the Environment

Amendment 8

Clause 32 , Page 12, Line 10

Leave out ‘vice-chairman’ and insert ‘vice-chairperson’

Minister of the Environment

Amendment 9

Clause 32 , Page 12, Line 12

Leave out ‘chairman or vice-chairman’ and insert ‘chairperson or vice-chairperson’

Minister of the Environment

Amendment 10

Clause 39 , Page 14, Line 28

Leave out ‘chairman’ and insert ‘chairperson’

Minister of the Environment

Amendment 11

Clause 39 , Page 14, Line 29

Leave out ‘chairman’ and insert ‘chairperson’

Minister of the Environment

Amendment 12

Clause 43 , Page 16, Line 20

At end insert -

‘(2) Regulations and orders under this Act may contain such incidental, supplementary, consequential, transitory or saving provisions as the Department thinks necessary or expedient.’

Minister of the Environment

Amendment 13

Schedule 1 , Page 18, Line 18

At end insert -

‘The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)

5A. In Schedule 4 (restrictions on disclosure of information), in the definition of “chief financial officer” in paragraph 7(3), for ‘148(1) of the Local Government Act (Northern Ireland) 1972’ substitute ‘42 of the Local Government Finance Act (Northern Ireland) 2011.’

Minister of the Environment

Caravans Bill
Marshalled List of Amendments
Consideration Stage
Tuesday 25 January 2011

Amendments tabled up to 9:30am Thursday, 20 January 2011

The Bill will be considered in the following order-

Clauses, Schedule and Long Title

Amendment 1

Clause 1 , Page 1, Line 8

Leave out ‘3’ and insert ‘12’

Minister for Social Development

Amendment 2

Clause 4 , Page 3, Line 42

At end insert -

‘(6) The Department for Social Development shall -

(a) not later than 5 years after the coming into operation of this Act, and

(b) at least once in every period of 5 years thereafter,

review Parts 1 and 2 of the Schedule and determine whether it should exercise the power to make an order under this section.’

Minister for Social Development

Amendment 3

Clause 5 , Page 4, Line 7

Leave out subsections (3) to (5) and insert -

‘(3) The following subsections apply where a person entitled to the benefit of and bound by a residential agreement dies at a time when that person is occupying the caravan as that person’s only or main residence; and in those subsections -

(a) that person is referred to as “the deceased”;

(b) references to “the beneficiary” of the deceased are to the person entitled to the caravan by virtue of the deceased ’ s will or under the law relating to intestacy;

(c) references to “a travellers’ site” are to a caravan site provided and managed by the Northern Ireland Housing Executive under Article 28A of the Housing (Northern Ireland) Order 1981 (caravan sites for members of Irish Traveller community); and

(d) a beneficiary of the deceased is a qualifying person if the beneficiary satisfies the Housing Executive that the beneficiary -

(i) is a member of the Irish Traveller community (within the meaning of Article 5 of the Race Relations ( Northern Ireland) Order 1997); and

(ii) intends to occupy the caravan as the beneficiary’s only or main residence.

(4) The agreement has effect for the benefit of and is binding on any person residing with the deceased at the time of death who is -

(a) the surviving spouse or civil partner of the deceased; or

(b) if there is no surviving spouse or civil partner so residing, a member of the deceased ’ s family.

(5) If -

(a) there is no person falling within subsection (4); and

(b) the agreement relates to a caravan on a caravan site other than a travellers’ site,

the agreement has effect for the benefit of and is binding on the beneficiary of the deceased, but subject to subsection (7).

(6) If -

(a) there is no person falling within subsection (4),

(b) the agreement relates to a caravan on a travellers’ site, and

(c) the beneficiary of the deceased is a qualifying person,

the agreement has effect for the benefit of and is binding on the beneficiary of the deceased.

(7) A residential agreement does not have effect for the benefit of or bind a person by virtue of subsection (5) in so far as -

(a) it would, but for this subsection, enable or require that person to occupy the caravan; or

(b) it includes terms implied by virtue of paragraph 5 of Part 1 of the Schedule.

(8) In relation to a residential agreement -

(a) any reference in this Part to the owner includes a reference to any person who is bound by and entitled to the benefit of the agreement by virtue of subsection (1); and

(b) subject to subsection (7), any reference in this Part to the occupier includes a reference to any person who is entitled to the benefit of and bound by the agreement by virtue of any of subsections (2) to (6).’

Minister for Social Development

Amendment 4

Clause 7 , Page 5, Line 5

Leave out from ‘under’ to end of line 7 and insert -

‘ -

(a) under which a person is entitled to station a caravan on land forming part of a caravan site and occupy the caravan for a period exceeding 28 days; and

(b) which is not a residential agreement within the meaning of Part 1.’

Minister for Social Development

Amendment 5

Clause 7 , Page 5

Leave out lines 10 to 15

Minister for Social Development

Amendment 6

Clause 8 , Page 5, Line 19

Leave out ‘seasonal’ and insert ‘caravan’

Minister for Social Development

Amendment 7

Clause 8 , Page 5, Line 33

Leave out ‘seasonal’ and insert ‘caravan’

Minister for Social Development

Amendment 8

Clause 8 , Page 6, Line 1

Leave out ‘seasonal’ and insert ‘caravan’

Minister for Social Development

Amendment 9

New Clause

After clause 8 insert -

‘Terms of agreements

8A. -(1) In any seasonal agreement there shall be implied the terms set out in Schedule 2; and this subsection shall have effect notwithstanding any express term of the agreement.

(2) If the owner fails to comply with Schedule 2(2) and 2(3) the occupier may apply to the court for an order requiring the owner to consult with the occupier in accordance with Schedule 2(2) and 2(3).’

Mr John McCallister

Amendment 10

New Clause

After clause 8 insert -

‘Jurisdiction

8B. -(1) The county court for the county court division in which the seasonal site is situated shall have jurisdiction -

(a) to determine any question arising under this Part or any seasonal agreement, and

(b) to entertain any proceedings brought under this Part or any such agreement;

and references in this Part to “the court” shall be construed accordingly.

(2) But where the parties have agreed in writing to submit any question arising under this Part or, as the case may be, any seasonal agreement to arbitration, references in this Part to the court shall be read as references to the arbitrator.’

Mr John McCallister

Amendment 11

Clause 10 , Page 7, Line 43

At end insert -

‘(12) Proceedings for an offence under this section may be instituted by the district council in whose district the site is situated.’

Minister for Social Development

Amendment 12

Clause 11 , Page 8, Line 42

After ‘paragraph 11’ insert ‘or 11A’

Mr Fra McCann

Mr Mickey Brady

Mrs Mary Bradley

Ms Anna Lo

Amendment 13

Clause 11 , Page 8, Line 43

After ‘council’ insert ‘or provided and managed by the Housing Executive’

Mr Fra McCann

Mr Mickey Brady

Mrs Mary Bradley

Ms Anna Lo

Amendment 14

New Clause

After clause 14 insert -

‘Part 4A

Licensing of Caravan Sites

Exemption from licensing of sites for Irish Traveller community provided and managed by the Housing Executive

14A. In the Schedule to the Caravans Act (sites exempt from licensing) after paragraph 11 insert -

“sites for irish traveller community

11A. A site license shall not be required for the use as a caravan site of land provided and managed by the Northern Ireland Housing Executive under Article 28A of the Housing (Northern Ireland) Order 1981 (NI 3) (provision of caravan sites for Irish Traveller Community).”’

Mr Fra McCann

Mr Mickey Brady

Mrs Mary Bradley

Ms Anna Lo

Amendment 15

Clause 15 , Page 10, Line 19

Leave out ‘paragraph 11’ and insert ‘paragraphs 11 and 11A’

Mr Fra McCann

Mr Mickey Brady

Mrs Mary Bradley

Ms Anna Lo

Amendment 16

Clause 15 , Page 10, Line 26

Leave out ‘protected site or a seasonal site’ and insert ‘caravan site’

Minister for Social Development

Amendment 17

Clause 15 , Page 10, Line 32

Leave out ‘seasonal site’ and insert ‘site in respect of which the relevant planning permission or site licence -

(a) is expressed to be granted for holiday use only; or

(b) is otherwise so expressed or subject to such conditions that there are times of the year when no caravan may be stationed on the land for human habitation;’

Minister for Social Development

Amendment 18

Clause 15 , Page 10

Leave out line 36

Minister for Social Development

Amendment 19

Schedule , Page 12, Line 29

Leave out ‘reasonable’ and insert ‘proportionate in all the circumstances’

Minister for Social Development

Amendment 20

Schedule , Page 12, Line 34

Leave out ‘reasonable’ and insert ‘proportionate in all the circumstances’

Minister for Social Development

Amendment 21

Schedule , Page 13, Line 1

Leave out ‘reasonable’ and insert ‘proportionate in all the circumstances’

Minister for Social Development

Amendment 22

Schedule , Page 14, Line 11

Leave out ‘the rate of 10%’ and insert ‘a rate not exceeding 10% of the sale price’

Minister for Social Development

Amendment 23

Schedule , Page 14, Line 15

At end insert -

‘(11) In relation to a caravan on a travellers’ site (within the meaning given by section 5(3)(c)), this paragraph applies with the omission of -

(a) sub-paragraph (9); and

(b) in sub-paragraph (10), the words “Except to the extent mentioned in sub-paragraph (9),”.’

Minister for Social Development

Amendment 24

Schedule , Page 14, Line 30

Leave out ‘the protected site’ and insert ‘any protected site of the owner’

Minister for Social Development

Amendment 25

Schedule , Page 15, Line 5

At end insert ‘or to any amenities on the site’

Minister for Social Development

Amendment 26

New Schedule

After Schedule insert -

‘schedule 2

Qualifying caravan owners’ association

1. -(1) A Caravan owners’ association is a qualifying owners’ association in relation to a seasonal site if -

(a) it is an association representing the occupiers of caravans on that site;

(b) at least 50 per cent. of the occupiers of the caravans on that site are members of the association;

(c) it is independent from the owner, who together with any agent or employee of the owner is excluded from membership;

(d) subject to paragraph (c), membership is open to all occupiers who own a caravan on that site and are entitled to an agreement under clause 7(1);

(e) it maintains a list of members which is open to public inspection together with the rules and constitution of the residents’ association;

(f) it has a chairman, secretary and treasurer who are elected by and from among the members on an annual basis at the Annual General meeting;

(g) with the exception of administrative decisions taken by the chairman, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only one vote for each caravan.

(2) When calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b), each caravan shall be taken to have only one occupier and, in the event of there being more than one occupier of a caravan, its occupier is to be taken to be the occupier whose name first appears on the agreement.

Owner’s obligations

2. The owner shall consult a qualifying caravan owners’ association, if there is one, about -

(a) significant changes to the operation and management of the seasonal site which affect the occupiers either directly or indirectly; and

(b) changes to site fees or service fees.

3. For the purposes of the consultation in paragraph 2(1) the owner shall give the association at least 28 days’ notice in writing of the matters referred to in paragraph 2 which -

(a) describe the matters and how they may affect the occupiers either directly or indirectly in the long and short term; and

(b) states when and where the association can make representations about the matters.’

Mr John McCallister

Northern Ireland Assembly

Papers Presented to the Assembly on
25 January 2011

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

Allowances to Members of the Assembly (Repeal) Bill (As Amended at Consideration Stage) NIA Bill 27/09

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

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 JANUARY 2011

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