No. 34-10/11

Minute of Proceedings
Tuesday 1 February 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 - Progress against the Policing and Justice Aspects of the Hillsborough Agreement

The Minister of Justice, Mr David Ford, made a statement to the Assembly regarding progress against the policing and justice aspects of the Hillsborough Agreement, following which he replied to questions.

2.2 Consideration Stage - Welfare of Animals Bill (NIA Bill 28/09)

The Minister of Agriculture and Rural Development, Ms Michelle Gildernew, moved the Consideration Stage of the Welfare of Animals Bill.

21 amendments were tabled to the Bill.

Clauses

The question being put, it was agreed without division that Clauses 1 to 4 stand part of the Bill.

After debate Amendment 1 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 sitting was suspended at 12.29pm.

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

3. Question Time

3.1 Culture, Arts and Leisure

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

3.2 Education

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

4. Executive Committee Business (Cont’d)

The Deputy Speaker (Mr Dallat) took the Chair.

4.1 Consideration Stage - Welfare of Animals Bill (NIA Bill 28/09) (Cont’d)

After debate Amendment 2 to Clause 6 was made without division.

The question being put, it was agreed that Clause 6, as amended, stand part of the Bill (Division 1).

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

After debate Amendments 3 and 4 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.

The question being put, it was agreed without division that Clauses 9 to 30 stand part of the Bill.

After debate Amendments 5 and 6 to Clause 31 were made without division.

The question being put, it was agreed without division that Clause 31, as amended, stand part of the Bill.

After debate Amendment 7 to Clause 32 was made without division.

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

After debate Amendment 8 to Clause 33 was made without division.

The question being put, it was agreed without division that Clause 33, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 34 and 35 stand part of the Bill.

After debate Amendment 9 to Clause 36 was made without division.

The question being put, it was agreed without division that Clause 36, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 37 to 40 stand part of the Bill.

After debate Amendment 10 to Clause 41 was made without division.

The question being put, it was agreed without division that Clause 41, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 42 to 44 stand part of the Bill.

After debate Amendments 11 and 12 to Clause 45 were made without division.

The question being put, it was agreed without division that Clause 45, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 46 to 54 stand part of the Bill.

After debate Amendments 13, 14, 15 and 16 to Clause 55 were made without division.

The question being put, it was agreed without division that Clause 55, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 56 and 57 stand part of the Bill.

After debate Amendment 17 to Clause 58 was made without division.

The question being put, it was agreed without division that Clause 58, as amended, stand part of the Bill.

After debate Amendment 18 to Clause 59 was made without division.

The question being put, it was agreed without division that Clause 59, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 60 stand part of the Bill.

Schedules

Amendment 19 was not moved.

Following the Minister’s indication of her opposition to Schedule 1 stand part, the question was put and Schedule 1 was removed from the Bill.

After debate Amendment 20, inserting a new Schedule after Schedule 1, was made without division.

After debate, Amendment 21 to Schedule 2 was made without division.

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

The question being put, it was agreed without division that Schedules 3, 4 and 5 stand part of the Bill.

Long Title

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

Bill (NIA 28/09) passed Consideration Stage and stood referred to the Speaker.

4.2 Consideration Stage - Licensing and Registration of Clubs (Amendment) Bill (NIA Bill 19/09)

The Minister for Social Development, Mr Alex Attwood, moved the Consideration Stage of the Licensing and Registration of Clubs (Amendment) Bill.

Thirty amendments were tabled to the Bill .

The Deputy Speaker (Mr Molloy) took the Chair.

Clauses

After debate, Amendment 1 to Clause 1 was negatived without division.

After debate, Amendment 2 was not moved.

As Amendment 2 was not moved, Amendment 3 was not called.

As Amendment 1 was not made, Amendments 4 to 7 were not called.

The question being put, it was agreed without division that Clause 1 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 8 inserting new clause 3A after Clause 3 was made without division.

After debate, Amendment 9 inserting new clause 3B after Clause 3 was made without division.

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

After debate, Amendment 10 was not moved.

After debate, Amendment 11 was not moved.

As Amendment 11 was not moved, Amendment 12 was not called.

As Amendment 10 was not moved, Amendments 13 to 16 were not called.

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

Amendments 17, 18 and 19 were not moved.

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

The question being put, it was agreed without division that Clauses 7 and 8 stand part of the Bill.

The Speaker took the Chair.

After debate, Amendment 20 to Clause 9 was negatived (Division 2).

After debate, Amendment 21 to Clause 9 was made (Division 3).

As Amendment 21 was made, Amendment 22 was not called.

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

After debate, Amendments 23 and 24 were not moved.

After debate, Amendments 25 and 26 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 14 stand part of the Bill.

Schedules

After debate, Amendment 27 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.

After debate, Amendments 28 and 29 were not moved.

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

After debate, Amendment 30 to Schedule 3 was made without division.

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

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

Long Title

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

Bill NIA 19/09 passed Consideration Stage and stood referred to the Speaker.

4.3 Further Consideration Stage - Transport Bill (NIA Bill 29/09)

The Deputy Speaker (Mr Molloy) took the Chair.

The Minister for Regional Development, Mr Conor Murphy, moved the Further Consideration Stage of the Transport Bill (NIA Bill 29/09).

No amendments were tabled to the Bill.

Bill NIA 29/09 stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

5. Adjournment

Ms Martina Anderson spoke to her topic on Justice for Paul McCauley.

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 9.35pm.

Mr William Hay
The Speaker
1 February 2011

Northern Ireland Assembly

1 February 2011
Divisions

Division No. 1

Consideration Stage: Welfare of Animals Bill – Clause 6, as amended, stand part.

The Question was put and the Assembly divided.

Ayes: 61
Noes: 19

Ayes

Ms M Anderson, Mr S Anderson, Mr Attwood, Mr Beggs, Mr Boylan, Mrs M Bradley, Mr PJ Bradley, Mr Brady, Lord Browne, Mr Buchanan, Mr Burns, Mr Butler, Mr Callaghan, Mr Campbell, Mr W Clarke, Mr Cobain, Mr Cree, Mr Doherty, Mr Elliott, Dr Farry, Mr Ford, Mr Gallagher, Ms Gildernew, Mr Humphrey, Mr Irwin, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr McCallister, Mr F McCann, Mr McCarthy, Mr McCartney, Mr B McCrea, Dr McDonnell, Mr McElduff, Mr McFarland, Mrs McGill, Mr McGlone, Mr McKay, Mr McLaughlin, Mr Molloy, Mr Moutray, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Mr G Robinson, Ms Ruane, Mr Savage, Mr Sheehan, Mr Spratt, Mr Wells, Mr B Wilson.

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

Noes

Mr Armstrong, Mr Bell, Mr Bresland, Mr T Clarke, Rev Dr Robert Coulter, Mr Craig, Mr Easton, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Kinahan, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Poots, Mr Ross, Mr Weir.

Tellers for the Noes: Mr T Clarke and Miss McIlveen.

Clause 6, as amended, ordered to stand part of the Bill.

Northern Ireland Assembly

1 February 2011
Divisions

Division No. 2

Consideration Stage - Licensing and Registration of Clubs (Amendment) Bill (NIA Bill 19/09) - Amendment 20

Proposed:

Clause 9, Page 18, Line 42

Leave out ‘120’ and insert ‘104’

Minister for Social Development

The Question was put and the Assembly divided.

Ayes: 22
Noes: 34

Ayes

Ms M Anderson, Mr Attwood, Mr Boylan, Mrs M Bradley, Mr PJ Bradley, Mr Brady, Mr Burns, Mr Butler, Mr Callaghan, Mrs D Kelly, Mr A Maginness, Mr A Maskey, Mr F McCann, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, Mr Murphy, Mr O’Loan, Mr P Ramsey.

Tellers for the Ayes: Mr Burns and Mr McDevitt.

Noes

Mr S Anderson, Mr Beggs, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Craig, Mr Easton, Dr Farry, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Humphrey, Mr Irwin, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Weir.

Tellers for the Noes: Mr Craig and Mr McCallister.

The Amendment was negatived.

Northern Ireland Assembly

1 February 2011
Divisions

Division No. 3

Consideration Stage - Licensing and Registration of Clubs (Amendment) Bill (NIA Bill 19/09) - Amendment 21

Proposed:

Clause 9, Page 18, Line 42

Leave out ‘120’ and insert ‘85’

Mr S Hamilton
Mr J Craig
Mr J McCallister
Ms A Lo

The Question was put and the Assembly divided.

Ayes: 34
Noes: 21

Ayes

Mr S Anderson, Mr Beggs, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Craig, Mr Easton, Dr Farry, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Humphrey, Mr Irwin, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Weir.

Tellers for the Ayes: Mr Craig and Mr McCallister.

Noes

Ms M Anderson, Mr Boylan, Mrs M Bradley, Mr PJ Bradley, Mr Brady, Mr Burns, Mr Butler, Mr Callaghan, Mrs D Kelly, Mr A Maginness, Mr A Maskey, Mr F McCann, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, Mr Murphy, Mr O’Loan, Mr P Ramsey.

Tellers for the Noes: Mr Burns and Mr McDevitt.

The Amendment was made.

Welfare of Animals Bill
Marshalled List of Amendments
Consideration Stage
Tuesday, 1 February 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 5 , Page 3, Line 31

Leave out subsections (5), (6) and (7) and insert -

‘(5) This section does not apply -

(a) in relation to -

(i) any procedure carried out by a veterinary surgeon;

(ii) any procedure carried out for the diagnosis of disease;

(iii) any procedure carried out for the purposes of medical treatment of an animal;

(iv) any other procedure which is specified in regulations made by the Department;

(b) to the removal of the whole or any part of a dog’s tail (which is dealt with in section 6).

(6) Before making regulations under subsection (5), the Department must consult such persons appearing to the Department to represent relevant interests as the Department considers appropriate.’

Minister for Agriculture and Rural Development

Amendment 2

Clause 6 , Page 4, Line 18

Leave out subsections (4), (5) and (6) and insert -

‘(4) Subsections (1) and (2) do not apply if the dog is a certified working dog that is not more than 5 days old.

(5) For the purposes of subsection (4), a dog is a certified working dog if a veterinary surgeon has certified, in accordance with regulations made by the Department, that the first and second conditions mentioned below are met.

(6) The first condition referred to in subsection (5) is that there has been produced to the veterinary surgeon such evidence as the Department may by regulations require for the purpose of showing that the dog is likely to be used for work in connection with law enforcement, lawful pest control or the lawful shooting of animals.

(7) The second condition referred to in subsection (5) is that the dog is of a breed specified in Schedule 1A for the purposes of this subsection.

(8) The Department may by regulations add to, or remove, breeds of dog from the list in Schedule 1A.

(9) It is a defence for a person accused of an offence under subsection (1) or (2) to show that that person reasonably believed that the dog was one in relation to which subsection (4) applies.

(10) A person commits an offence if—

(a) that person owns a subsection (4) dog, and

(b) fails to take reasonable steps to secure that, before the dog is 8 weeks old, it is identified as a subsection (4) dog in accordance with regulations made by the Department.

(11) A person commits an offence if that person takes a dog, or causes a dog to be taken, from a place in Northern Ireland for the purpose of having the whole or any part of its tail removed, otherwise than for the purpose of medical treatment administered by a veterinary surgeon.

(12) A person commits an offence if—

(a) that person shows a dog at an event to which that person pays a fee or members of the public are admitted on payment of a fee,

(b) the dog’s tail has been wholly or partly removed (in Northern Ireland or elsewhere), and

(c) the removal took place after the coming into operation of this section.

(13) Where a dog is shown only for the purpose of demonstrating its working ability, subsection (12) does not apply if the dog is a subsection (4) dog.

(14) It is a defence for a person accused of an offence under subsection (12) to show that that person reasonably believed—

(a) that the event was not one to which that person paid a fee or members of the public were admitted on payment of a fee;

(b) that the removal took place before the coming into operation of this section; or

(c) that the dog was one in relation to which subsection (13) applies.

(15) A person commits an offence if that person knowingly gives false information to a veterinary surgeon in connection with the giving of a certificate for the purposes of this section.

(16) The Department may by regulations make provision about the functions of inspectors in relation to—

(a) certificates for the purposes of this section, and

(b) the identification of dogs as subsection (4) dogs.

(17) Before making regulations under this section, the Department must consult such persons appearing to the Department to represent any interests concerned as the Department considers appropriate.

(18) In this section “subsection (4) dog” means a dog whose tail has, after the coming into operation of this section, been wholly or partly removed without contravening subsection (1), because of the application of subsection (4).’

Chair, Committee for Agriculture and Rural Development

Amendment 3

Clause 8 , Page 5, Line 41

Leave out subsection (4)

Minister for Agriculture and Rural Development

Amendment 4

Clause 8 , Page 6

Leave out lines 13 and 14

Minister for Agriculture and Rural Development

Amendment 5

Clause 31 , Page 18, Line 18

Leave out ‘sections 6(5)’ and insert ‘sections 6(5) and 6(10)’

Chair, Committee for Agriculture and Rural Development

Amendment 6

Clause 31 , Page 18, Line 24

Leave out ‘sections 4, 5, 6(1), (2) and (4)’ and insert ‘sections 4, 5, 6(1), (2), (4) and (15)’

Chair, Committee for Agriculture and Rural Development

Amendment 7

Clause 32 , Page 18, Line 31

Leave out ‘sections 4, 5, 6(1), (2) and (4)’ and insert ‘sections 4, 5, 6(1), (2), (4) and (15)’

Chair, Committee for Agriculture and Rural Development

Amendment 8

Clause 33 , Page 20, Line 17

Leave out ‘sections 4, 5, 6(1), (2) and (4)’ and insert ‘sections 4, 5, 6(1), (2), (4) and (15)’

Chair, Committee for Agriculture and Rural Development

Amendment 9

Clause 36 , Page 21, Line 36

Leave out ‘sections 4, 5, 6(1), (2) and (4)’ and insert ‘sections 4, 5, 6(1), (2), (4) and (15)’

Chair, Committee for Agriculture and Rural Development

Amendment 10

Clause 41 , Page 25, Line 3

Leave out ‘sections 4, 5, 6(1), (2) and (4)’ and insert ‘sections 4, 5, 6(1), (2), (4) and (15)’

Chair, Committee for Agriculture and Rural Development

Amendment 11

Clause 45 , Page 26, Line 22

Leave out subsection (1) and insert -

‘(1) In this Act, “inspector”, in the context of any provision, means -

(a) in so far as that provision relates to farmed animals, a person appointed to be an inspector for the purposes of that provision by the Department;

(b) in so far as that provision relates to other animals, a person appointed to be an inspector for the purposes of that provision by a council.

(1A) In subsection (1), “farmed animal” means any animal bred or kept for the production of food, wool or skin or for other farming purposes.

(1B) The Department may by regulations amend the definition of “farmed animal” in subsection (1A).

(1C) Before making regulations under subsection (1B), the Department must consult such persons appearing to the Department to represent relevant interests as the Department considers appropriate.’

Minister for Agriculture and Rural Development

Amendment 12

Clause 45 , Page 26, Line 33

At end insert -

‘(4A) Each council must furnish to the Department, at such times and in such manner as the Department may direct -

(a) such information relating to the exercise of the council’s functions under this section; and

(b) such information relating to the exercise of functions by inspectors appointed by the council for the purposes of this Act,

as the Department may require.’

Minister for Agriculture and Rural Development

Amendment 13

Clause 55 , Page 30, Line 15

After ‘regulations’ insert ‘(except for regulations made under section 49(5))’

Minister for Agriculture and Rural Development

Amendment 14

Clause 55 , Page 30, Line 15

Leave out ‘section 11, 12 or 13’ and insert ‘this Act’

Minister for Agriculture and Rural Development

Amendment 15

Clause 55 , Page 30, Line 18

Leave out ‘section 1(3) or’

Minister for Agriculture and Rural Development

Amendment 16

Clause 55 , Page 30, Line 20

After ‘made’ insert ‘by the Department’

Minister for Agriculture and Rural Development

Amendment 17

Clause 58 , Page 31, Line 20

After ‘(1)’ insert ‘Without prejudice to section 55(3),’

Minister for Agriculture and Rural Development

Amendment 18

Clause 59 , Page 32, Line 1

Leave out subsection (2)

Minister for Agriculture and Rural Development

Amendment 19

Schedule 1

Leave out Schedule 1

Minister for Agriculture and Rural Development

Amendment 20

New Schedule

After Schedule 1 insert -

‘SCHEDULE 1A

DOGS SPECIFIED FOR THE PURPOSES OF SECTION 6(7)

1.—(1) Spaniels of any breed or combination of breeds.

(2) Terriers of any breed or combination of breeds.

(3) Any breed commonly used for hunting, or any combination of such breeds.

(4) Any breed commonly used for pointing, or any combination of such breeds.

(5) Any breed commonly used for retrieving, or any combination of such breeds.’

Chair, Committee for Agriculture and Rural Development

Amendment 21

Schedule 2 , Page 35, Line 34

After ‘(1)’ insert ‘Without prejudice to section 55(3),’

Minister for Agriculture and Rural Development

Licensing and Registration of Clubs (Amendment) Bill
Marshalled List of Amendments
Consideration Stage
Tuesday 1 February 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 1 , Page 2, Line 8

Leave out paragraph (1) and insert -

‘(1) A senior police officer may make a closure order in relation to any licensed premises if that officer reasonably believes that -

(a) there is, or is likely imminently to be, disorder on, or in the vicinity of and related to, the premises and their closure is necessary in the interests of public safety; or

(b) a public nuisance is being caused by noise coming from the premises and the closure of the premises is necessary to prevent that nuisance.’

Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn

Amendment 2

Clause 1 , Page 2, Line 8

Leave out from beginning to ‘believes’ on line 9 and insert -

‘A lay magistrate may, on the application of a senior police officer, make a closure order in relation to any licensed premises if that lay magistrate is satisfied’

Mr Fra McCann
Mr Mickey Brady

Amendment 3

Clause 1 , Page 2, Line 16

Leave out ‘senior police officer’ and insert ‘lay magistrate’

Mr Fra McCann
Mr Mickey Brady

Amendment 4

Clause 1 , Page 3, Line 1

Leave out sub-paragraph (b) and insert -

‘(b) the conditions for an extension are satisfied,’

Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn

Amendment 5

Clause 1 , Page 3, Line 4

At end insert -

‘(1A) The conditions for an extension are that -

(a) in the case of an order made by virtue of Article 69B(1)(a), closure is necessary in the interests of public safety because of disorder or likely disorder on, or in the vicinity of and related to, the premises;

(b) in the case of an order made by virtue of Article 69B(1)(b), closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises.’

Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn

Amendment 6

Clause 1 , Page 3

Leave out lines 19 and 20 and insert -

‘(a) in the case of an order made by virtue of Article 69B(1)(a), closure is necessary in the interests of public safety because of disorder or likely disorder on, or in the vicinity of and related to, the premises;

(b) in the case of an order made by virtue of Article 69B(1)(b), closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises.’

Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn

Amendment 7

Clause 1 , Page 4, Line 16

Leave out sub-paragraphs (a) and (b) and insert -

‘(a) in the case of an order made by virtue of Article 69B(1)(a), consider whether closure is necessary in the interests of public safety because of disorder or likely disorder on the premises, or in the vicinity of and related to, the premises;

(b) in the case of an order made by virtue of Article 69B(1)(b), consider whether closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises; and

(c) in either case, hear representations, if any, from the holder of the licence.’

Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn

Amendment 8

New Clause

After clause 3 insert -

‘Irresponsible drinks promotions

3A. After Article 57 of the Licensing Order insert -

“Irresponsible drinks promotions

57A. -(1) Regulations may prohibit or restrict the holder of a licence or the licence holder’s servant or agent from carrying on an irresponsible drinks promotion on or in connection with the licensed premises.

(2) A drinks promotion is irresponsible if it -

(a) relates specifically to any intoxicating liquor likely to appeal largely to persons under the age of 18,

(b) involves the supply of any intoxicating liquor free of charge or at a reduced price on the purchase of one or more drinks (whether or not intoxicating liquor),

(c) involves the supply free of charge or at a reduced price of one or more extra measures of intoxicating liquor on the purchase of one or more measures of the liquor,

(d) involves the supply of unlimited amounts of intoxicating liquor for a fixed charge (including any charge for entry to the premises),

(e) encourages, or seeks to encourage, a person to buy or consume a larger measure of intoxicating liquor than the person had otherwise intended to buy or consume,

(f) is based on the strength of any intoxicating liquor,

(g) rewards or encourages, or seeks to reward or encourage, consuming intoxicating liquor quickly, or

(h) offers intoxicating liquor as a reward or prize, unless the liquor is in a sealed container and consumed off the premises.

(3) Sub-paragraphs (b) to (d) of paragraph (2) apply only to a drinks promotion carried on in relation to intoxicating liquor sold for consumption on the premises.

(4) Regulations may modify paragraph (2) or (3) so as to -

(a) add further descriptions of drinks promotions,

(b) modify any of the descriptions of drinks promotions for the time being listed in it, or

(c) extend or restrict the application of any of those descriptions of drinks promotions.

(5) A person who contravenes any provision of regulations made under this Article is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) Regulations shall not be made under this Article unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(7) In this Article “drinks promotion” means, in relation to any licensed premises, any activity which promotes, or seeks to promote, the buying or consumption of any intoxicating liquor on the premises.”.’

Minister for Social Development

Amendment 9

New Clause

After clause 3 insert -

‘Pricing of intoxicating liquor

3B. After Article 57A of the Licensing Order (inserted by section (Irresponsible drinks promotions)) insert -

“Pricing of intoxicating liquor

57B. -(1) Regulations may -

(a) prohibit or restrict the holder of a licence or the licence holder’s servant or agent from varying the price at which intoxicating liquor is sold on licensed premises during such period or hours as are specified in the regulations;

(b) restrict the price at which the holder of a licence or the licence holder’s servant or agent may sell on licensed premises a package containing two or more intoxicating liquor products.

(2) A person who contravenes any provision of regulations made under this Article is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) Regulations shall not be made under this Article unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(4) In this Article, “intoxicating liquor product” means a product containing intoxicating liquor and includes the container in which the liquor is for sale.”.’

Minister for Social Development

Amendment 10

Clause 5 , Page 11, Line 6

Leave out paragraph (1) and insert -

‘(1) A senior police officer may make a closure order in relation to the premises of any registered club if that officer reasonably believes that -

(a) there is, or is likely imminently to be, disorder on, or in the vicinity of and related to, the premises and their closure is necessary in the interests of public safety; or

(b) a public nuisance is being caused by noise coming from the premises and the closure of the premises is necessary to prevent that nuisance.’

Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn

Amendment 11

Clause 5 , Page 11, Line 6

Leave out from beginning to the end of line 7 and insert -

‘A lay magistrate may, on the application of a senior police officer, make a closure order in relation to the premises of any registered club if that lay magistrate is satisfied’

Mr Fra McCann
Mr Mickey Brady

Amendment 12

Clause 5 , Page 11, Line 14

Leave out ‘senior police officer’ and insert ‘lay magistrate’

Mr Fra McCann
Mr Mickey Brady

Amendment 13

Clause 5 , Page 11, Line 40

Leave out sub-paragraph (b) and insert –

‘(b) the conditions for an extension are satisfied,’

Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn

Amendment 14

Clause 5 , Page 12, Line 2

At end insert -

‘(1A) The conditions for an extension are that -

(a) in the case of an order made by virtue of Article 41B(1)(a), closure is necessary in the interests of public safety because of disorder or likely disorder on, or in the vicinity of and related to, the premises of the registered club;

(b) in the case of an order made by virtue of Article 41B(1)(b), closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises of the registered club.’

Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn

Amendment 15

Clause 5 , Page 12

Leave out lines 17 and 18 and insert -

‘(a) in the case of an order made by virtue of Article 41B(1)(a), closure is necessary in the interests of public safety because of disorder or likely disorder on, or in the vicinity of and related to, the premises of the registered club;

(b) in the case of an order made by virtue of Article 41B(1)(b), closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises of the registered club.’

Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn

Amendment 16

Clause 5 , Page 12, Line 41

Leave out sub-paragraphs (a) and (b) and insert -

‘(a) in the case of an order made by virtue of Article 41B(1)(a), consider whether closure is necessary in the interests of public safety because of disorder or likely disorder on the premises of the registered club, or in the vicinity of and related to, the premises;

(b) in the case of an order made by virtue of Article 41B(1)(b), consider whether closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises; and

(c) in either case, hear representations, if any, from the secretary of the club.’

Ms Anna Lo
Dr Stephen Farry
Mr Trevor Lunn

Amendment 17

Clause 6 , Page 15, Line 19

Leave out ‘3 years’ and insert ‘12 months’

Mr Fra McCann

Mr Mickey Brady

Amendment 18

Clause 6 , Page 15, Line 27

Leave out ‘3 years’ and insert ‘12 months’

Mr Fra McCann
Mr Mickey Brady

Amendment 19

Clause 6 , Page 16, Line 3

Leave out ‘3 years’ and insert ‘12 months’

Mr Fra McCann
Mr Mickey Brady

Amendment 20

Clause 9 , Page 18, Line 42

Leave out ‘120’ and insert ‘104’

Minister for Social Development

Amendment 21

Clause 9 , Page 18, Line 42

Leave out ‘120’ and insert ‘85’

Mr Simon Hamilton
Mr Jonathan Craig
Mr John McCallister
Ms Anna Lo

Amendment 22

Clause 9 , Page 18, Line 42

Leave out ‘120’ and insert ‘156’

Mr Fra McCann
Mr Mickey Brady

Amendment 23

New Clause

After clause 9 insert -

‘Young persons prohibited from bars

9A. -(1) Article 32 of the Registration of Clubs Order (young persons prohibited from bars) is amended as follows.

(2) In paragraph (13) for “9” in each of the three places where it occurs substitute “11”.’

Mr Fra McCann
Mr Mickey Brady

Amendment 24

New Clause

After clause 9 insert -

‘Restrictions on advertisements relating to functions in registered clubs

9B. Omit Article 38 of the Registration of Clubs Order (restrictions on advertisements relating to functions in registered clubs).’

Mr Fra McCann
Mr Mickey Brady

Amendment 25

Clause 10 , Page 19, Line 4

Leave out ‘subject to negative resolution,’

Minister for Social Development

Amendment 26

Clause 10 , Page 19, Line 8

Leave out subsection (2) and insert -

‘(2) An order under this section may amend, repeal, revoke or otherwise modify any statutory provision or document.

(3) The power conferred by this section is not restricted by any other provision of this Act.

(4) An order shall not be made under this section unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.’

Minister for Social Development

Amendment 27

Schedule 1 , Page 21, Line 32

At end insert -

Minister for Social Development

Amendment 28

Schedule 2 , Page 22, Line 20

At end insert -

Mr Fra McCann
Mr Mickey Brady

Amendment 29

Schedule 2 , Page 23

Leave out lines 23 to 34

Mr Fra McCann
Mr Mickey Brady

Amendment 30

Schedule 3 , Page 24, Line 3

At end insert -

‘ . In Article 2(2) (interpretation) -

(a) in the definition of “licence”, after the word “Articles” insert “57A, 57B,”;

(b) in the definition of “licensed premises”, after “55,” insert “57A, 57B,”.’

Minister for Social Development

Northern Ireland Assembly

Papers Presented to the Assembly on
1 February 2011

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

Dogs (Amendment) Bill (As Amended at Further Consideration Stage) NIA Bill 20/09

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

5. Assembly Reports

6. Statutory Rules

For Information Only:

S.R. 2011/4 Public Health Acts Amendment Act 1907 (Application of sections 82 and 83 to North Down Borough Council) Order (Northern Ireland) 2011(DOE)

S.R. 2011/5 Public Health Acts Amendment Act 1907 (Application of sections 82 and 83 to Coleraine Borough Council) Order (Northern Ireland) 2011 (DOE)

S.R. 2011/6 Public Health Acts Amendment Act 1907 (Application of sections 82 and 83 to Down District Council) Order (Northern Ireland) 2011 (DOE)

S.R. 2011/7 Public Health Acts Amendment Act 1907 (Application of sections 82 and 83 to Carrickfergus Borough Council) Order (Northern Ireland) 2011 (DOE)

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 1 FEBRUARY 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