No. 33-10/11
Minute of Proceedings
Monday 31 January 2011
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 - Suspension of Standing Orders
Proposed:
That Standing Orders 10(2) to 10(4) be suspended for 31 January 2011.
Mr P Weir
Ms C Ní Chuilín
Mr F Cobain
Mr P Ramsey
Mr K McCarthy
The Question being put, the Motion was carried with cross-community support nemine contradicente.
3. Executive Committee Business
3.1 Statement - North-South Ministerial Council Meeting in Plenary Format
The Deputy Speaker (Mr McClarty) took the Chair.
The deputy First Minister, Mr Martin McGuinness, made a statement to the Assembly regarding the North-South Ministerial Council meeting in Plenary format, held on 21 January 2011, following which he replied to questions.
3.2 Further Consideration Stage - Dogs (Amendment) Bill (NIA Bill 20/09)
The Minister of Agriculture and Rural Development, Ms Michelle Gildernew, moved the Further Consideration Stage of the Dogs (Amendment) Bill (NIA Bill 20/09).
Ten amendments were tabled to the Bill.
Clauses
After debate, Amendment 1 to Clause 6 was negatived without division.
After debate, Amendment 2 to Clause 6 was negatived without division.
After debate, Amendment 3 to Clause 6 was negatived without division.
After debate, Amendment 4 to Clause 6 was negatived without division.
After debate, Amendment 5 to Clause 7 was negatived without division.
After debate, Amendment 6 to Clause 7 was negatived without division.
After debate, Amendment 7 to Clause 7 was negatived without division.
After debate, Amendment 8 to Clause 7 was negatived without division.
After debate, Amendment 9 to Clause 10 was made without division.
Schedules
After debate, Amendment 10 to Schedule 1 was made without division.
Bill NIA 20/09 passed Further Consideration Stage and stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.
4. Committee Business
4.1 Final Stage - Allowances to Members of the Assembly (Repeal) Bill (NIA Bill 27/09)
Rev Dr Robert Coulter, on behalf of the Assembly Commission, moved that the Final Stage of the Allowances to Members of the Assembly (Repeal) Bill (NIA Bill 27/09) do now pass.
Debate ensued.
NIA Bill 27/09 passed Final Stage.
4.2 Motion - Take Note of Draft Budget 2011 - 2015
Proposed:
That this Assembly takes note of the Draft Budget announced on 15 December 2010 by the Minister of Finance and Personnel.
Chairperson, Committee for Finance and Personnel
Debate ensued.
The debate was suspended for Question Time.
The Speaker took the Chair.
5. Question Time
5.1 Social Development
Questions were put to, and answered by, the Minister for Social Development, Mr Alex Attwood.
5.2 Agriculture and Rural Development
Questions were put to, and answered by, the Minister of Agriculture and Rural Development, Ms Michelle Gildernew.
6. Committee Business (Cont’d)
6.1 Motion - Take Note of Draft Budget 2011 - 2015 (Cont’d)
The Deputy Speaker (Mr Dallat) took the Chair.
Debate resumed on the Motion.
The Question being put, the Motion was carried without division.
6.2 Motion - Report on the Review of the Operation of Sections 16A to 16C of the Northern Ireland Act 1998
Proposed:
That this Assembly approves the Report of the Assembly and Executive Review Committee on the Review of the Operation of sections 16A to 16C of the Northern Ireland Act 1998.
Chairperson, Assembly and Executive Review Committee
Debate ensued.
The Deputy Speaker (Mr Molloy) in the Chair.
The Question being put, the Motion was carried without division.
7. Private Members’ Business
7.1 Second Stage - Cyclists (Protective Headgear) Bill (NIA Bill 9/10)
Mr Pat Ramsey moved the Second Stage of the Cyclists (Protective Headgear) Bill (NIA Bill 9/10).
Debate ensued.
NIA Bill 9/10 passed Second Stage (Division 1).
8. Adjournment
Proposed:
That the Assembly do now adjourn.
The Speaker
The Assembly adjourned at 8.52pm.
Mr William Hay
The Speaker
31 January 2011
Northern Ireland Assembly
31 January 2011
Divisions
Division No. 1
Second Stage: Cyclists (Protective Headgear) Bill (NIA 9/10)
The Question was put and the Assembly divided.
Ayes: 20
Noes: 18
Ayes
Mr Attwood, Mr D Bradley, Mrs M Bradley, Mr PJ Bradley, Mr Burns, Mr Callaghan, Mr Dallat, Dr Farry, Mr Gallagher, Mrs D Kelly, Mr Lunn, Mr A Maginness, Mr McCallister, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McGlone, Mr P Ramsey, Ms Ritchie, Mr Wells.
Tellers for the Ayes: Mr PJ Bradley and Mr A Maginness.
Noes
Mr S Anderson , Mr Armstrong, Mr Bell, Mr Boylan, Mr Butler, Mr T Clarke, Mr Girvan, Mr Hamilton, Mr Kinahan, Miss McIlveen, Ms Ní Chuilín, Mr Poots, Ms S Ramsey, Mr G Robinson, Mr Ross, Ms Ruane, Mr Storey, Mr Weir.
Tellers for the Noes: Mr Bell and Mr Ross.
The Second Stage was agreed.
Dogs (Amendment) Bill
Marshalled List of Amendments
Further Consideration Stage
Monday 31 January 2011
Amendments tabled up to 9:30am Thursday, 27 January 2011
The Bill will be considered in the following order-
Clauses, Schedules and Long Title
Amendment 1
Clause 6 , Page 4, Line 13
After ‘who’ insert ‘without reasonable excuse’
Dr Stephen Farry
Mr Trevor Lunn
Amendment 2
Clause 6 , Page 4, Line 27
Leave out ‘A person is not guilty of an offence’ and insert ‘It may be a defence for a person’
Dr Stephen Farry
Mr Trevor Lunn
Amendment 3
Clause 6 , Page 4, Line 27
Leave out paragraph (4)
Dr Stephen Farry
Mr Trevor Lunn
Amendment 4
Clause 6 , Page 4, Line 29
After ‘land’ insert ‘without reasonable excuse’
Dr Stephen Farry
Mr Trevor Lunn
Amendment 5
Clause 7 , Page 5, Line 2
After ‘who’ insert ‘without reasonable excuse’
Dr Stephen Farry
Mr Trevor Lunn
Amendment 6
Clause 7 , Page 5, Line 24
Leave out ‘A person is not guilty of an offence’ and insert ‘It may be a defence for a person’
Dr Stephen Farry
Mr Trevor Lunn
Amendment 7
Clause 7 , Page 5, Line 24
Leave out paragraph (6)
Dr Stephen Farry
Mr Trevor Lunn
Amendment 8
Clause 7 , Page 5, Line 26
After ‘land’ insert ‘without reasonable excuse’
Dr Stephen Farry
Mr Trevor Lunn
Amendment 9
Clause 10 , Page 9, Line 31
Leave out ‘another dog’ and insert ‘any other animal owned by a person other than the owner of the dog’
Minister for Agriculture and Rural Development
Amendment 10
Schedule 1 , Page 12, Line 13
At end insert ‘and for “the order under that sub-paragraph” substitute “that order”.’
Minister for Agriculture and Rural Development
Northern Ireland Assembly
Papers Presented to the Assembly from
26 to 31 January 2011
1. Acts of the Northern Ireland Assembly
Tourism (Amendment) Act (Northern Ireland) 2011
Student Loans (Amendment) Act (Northern Ireland) 2011
2. Bills of the Northern Ireland Assembly
Transport Bill (As Amended at Consideration Stage) NIA Bill 29/09
Caravans Bill (As Amended at Consideration Stage) NIA Bill 17/09
Local Government Finance Bill (As Amended at Consideration Stage) NIA Bill 14/09
3. Orders in Council
4. Publications Laid in the Northern Ireland Assembly
5. Assembly Reports
Report on Measuring the Performance of NI Water (NIA 37/10/11R) (Public Accounts Committee)
Report on the Housing (Amendment) (No.2) Bill (NIA 30/10/11R) (Committee for Social Development)
Report on the Committee’s Inquiry into Barriers to the Development of Renewable Energy Production and its Associated Contribution to the Northern Ireland Economy (NIA 14/10/11R) (Committee for Enterprise, Trade and Investment)
6. Statutory Rules
(The Department identified after each rule is for reference purposes only)
S.R. 2011/9 Biomass Processing Challenge Fund (Amendment) Regulations (Northern Ireland) 2011 (DARD)
S.R. 2011/12 The Charities Act 2008 (Transitional Provision) Order (Northern Ireland) 2011 (DSD)
S.R. 2011/14 The Insolvency (Fees) (Amendment) Order (Northern Ireland) 2011 (DETI)
S.R. 2011/15 The Debt Relief Orders (Designation of Competent Authorities) Regulations (Northern Ireland) 2011 (DETI)
S.R. 2011/17 The Regulation and Improvement Authority (Independent Health Care) (Fees and Frequency of Inspections) (Amendment) Regulations (Northern Ireland) 2011 (DHSSPS)
S.R. 2011/21 The Motor Vehicles (Driving Licenses) (Amendment) Regulations (Northern Ireland) 2011 (DOE)
Draft S.R. 2011/ The Debt Relief (2010 Act) (Transitional Provision) Order (Northern Ireland) 2011 (DETI)
Draft S.R. 2011/ The Insolvency (Monetary Limits) (Amendments) Order (Northern Ireland) 2011 (DETI)
For Information Only:
S.R. 2011/11(C.1) The Charities (2008 Act) (Commencement No.3) Order (Northern Ireland) 2011 (DSD)
S.R. 2011/13 (C.2) The Debt Relief (2010 Act) (Commencement) Order (Northern Ireland) 2011 (DETI)
7. Written Ministerial Statements
Adverse Weather Emergency Planning Update (DSD)
8. Consultation Documents
Exception in Northern Ireland from the Drivers' Hours Rules for Reservists - European Regulation (EC) No. 561/2006 (DOE)
9. Departmental Publications
Department of Finance and Personnel Memorandum on the Second Report from the Public Accounts Committee Session 2010-2011 - The Management of Substitution Cover for Teachers: Follow-Up Report (DFP)
10. Agency Publications
11. Westminster Publications
12. Miscellaneous Publications
* Bill carried over from 2009-2010 by the Assembly as Royal Assent had not been achieved.
/ Bill progressing by accelerated passage
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