No. 35-10/11

Minute of Proceedings
Monday 7 February 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 7 February 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 Education Sectoral Format

The Minister of Education, Ms Caitríona Ruane, made a statement to the Assembly regarding the North-South Ministerial Council meeting in Education Sectoral format, held on 21 January 2011, following which she replied to questions.

The Deputy Speaker (Mr Dallat) took the Chair.

3.2 Statement - North-South Ministerial Council Meeting in Special EU Programmes Sectoral Format

The Minister of Finance and Personnel, Mr Sammy Wilson, made a statement to the Assembly regarding the North-South Ministerial Council meeting in Special EU Programmes Sectoral format, held on 13 January 2011, following which he replied to questions.

3.3 Statement - Regional Oral Medicine Services

The Minister of Health, Social Services and Public Safety, Mr Michael McGimpsey, made a statement to the Assembly regarding regional oral medicine services, following which he replied to questions.

3.4 Further Consideration Stage - Employment (No.2) Bill (NIA Bill 24/09)

The Minister of Health, Social Services and Public Safety, Mr Michael McGimpsey, moved the Further Consideration Stage of the Employment (No.2) Bill (NIA Bill 24/09), on behalf of the Minister for Employment and Learning, Mr Danny Kennedy.

No amendments were tabled to the Bill.

Bill NIA 24/09 stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

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

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

No amendments were tabled to the Bill.

Bill NIA 14/09 stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

3.6 Further Consideration Stage - Wildlife and Natural Environment Bill (NIA Bill 5/09)

The Minister of the Environment, Mr Edwin Poots, moved the Further Consideration Stage of the Wildlife and Natural Environment Bill (NIA Bill 5/09).

15amendments were tabled to the Bill.

Debate ensued.

The debate was suspended for question time.

The Speaker took the Chair.

4. Question Time

4.1 Office of the First Minister and deputy First Minister

Questions were put to, and answered by, the deputy First Minister, Mr Martin McGuinness. The junior Minister, Mr Gerry Kelly, also answered a number of questions.

4.2 Justice

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

The Deputy Speaker (Mr McClarty) took the Chair.

5. Executive Committee Business (Cont’d)

5.1 Further Consideration Stage - Wildlife and Natural Environment Bill (NIA Bill 5/09) (Cont’d)

Debate resumed on the Further Consideration Stage.

Clauses

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

After debate, Amendment 2 to Clause 1 was made without division.

After debate, Amendment 3 to Clause 7 was made without division

After debate, Amendment 4, inserting new Clause 14A after Clause 14, was made without division.

After debate, Amendment 5 to Clause 23 was made without division.

After debate, Amendment 6 to Clause 28 was made without division.

After debate, Amendment 7, inserting new Clause 28A after Clause 28, was made without division.

After debate, Amendment 8 to Clause 36 was negatived (Division 2).

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

After debate, Amendment 10, inserting new Clause 36A after Clause 36, was negatived without division.

Schedules

After debate, Amendment 11 to Schedule 1 was negatived (Division 3).

After debate, Amendment 12 to Schedule 1 was negatived without division.

After debate, Amendment 13 to Schedule 2 was made without division.

After debate, Amendment 14 to Schedule 3 was made without division.

Long Title

After debate, Amendment 15 to the Long Title was made without division.

Bill (NIA 5/09) passed Further Consideration Stage and stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

The Speaker took the Chair.

6. Committee Business

6.1 Motion - Statutory Committee Membership

Proposed:

That Mr John McCallister replace Mr David McClarty as a member of the Committee for Employment and Learning; and that Mr Fred Cobain replace Mr John McCallister as a member of the Committee for Social Development.

Mr F Cobain
Mr T Elliott
Mr B Armstrong

Debate ensued.

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

6.2 Motion - Extension of Committee Stage: Planning Bill (NIA Bill 7/10)

Proposed:

That, in accordance with Standing Order 33(4), the period referred to in Standing Order 33(2) be extended to 1 March 2011, in relation to the Committee Stage of the Planning Bill (NIA Bill 7/10).

Chairperson, Committee for the Environment

Debate ensued.

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

7. Private Members’ Business

7.1 Further Consideration Stage - Caravans Bill (NIA Bill 17/09)

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

Six amendments were tabled to the Bill.

Clauses

After debate, Amendment 1 to Clause 7 was made without division.

After debate, Amendment 2 to Clause 8 was made without division.

After debate, Amendment 3 to Clause 8 was made without division.

After debate, Amendment 4 to Clause 9 was made without division.

After debate, Amendment 5 to Clause 10 was made without division.

Schedules

After debate, Amendment 6 to Schedule 2 was made without division and Schedule 2 was removed from the Bill.

Bill NIA 17/09 passed Further Consideration Stage and stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

8. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 7.07pm.

Mr William Hay
The Speaker
7 February 2011

Northern Ireland Assembly

7 February 2011
Divisions

Division No. 1

Further Consideration Stage: Wildlife and Natural Environment Bill (NIA Bill 5/09) - Amendment 1

Proposed:

Clause 1, Page 1, Line 4

Leave out ‘further the conservation of’ and insert ‘have regard to the purpose of conserving’

Minister of the Environment

The Question was put and the Assembly divided.

Ayes: 30
Noes: 51

Ayes

Mr S Anderson, Mr Bell, Mr Bresland, Lord Browne, Mr Campbell, Mr T Clarke, Mr Craig, Mrs Foster, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Humphrey, 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 Ayes: Mr Bresland and Mr Ross.

Noes

Ms M Anderson, Mr Beggs, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr PJ Bradley, Mr Brady, Mr Burns, Mr Butler, Mr Callaghan, Mr W Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Cree, Mr Doherty, Dr Farry, Mr Gallagher, Mrs D Kelly, Mr Kinahan, 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, Mr McDevitt, Dr McDonnell, Mr McElduff, Mr McFarland, Mrs McGill, Mr McGlone, Mr McKay, Mr McLaughlin, Mr Molloy, Mr Neeson, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Mr K Robinson, Mr Savage, Mr Sheehan, Mr B Wilson.

Tellers for the Noes: Mr Burns and Mr Molloy.

The Amendment was negatived.

Northern Ireland Assembly

7 February 2011
Divisions

Division No. 2

Further Consideration Stage: Wildlife and Natural Environment Bill (NIA Bill 5/09) - Amendment 8

Proposed:

Clause 36, Page 20, Line 38

At beginning insert -

‘Subject to section 36A,’

Mr Francie Molloy

The Question was put and the Assembly divided.

Ayes: 33
Noes: 53

Ayes

Ms M Anderson, Mr Armstrong, Mr Bell, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr Brady, Mr Butler, Mr W Clarke, Mrs Foster, Mr Gallagher, Ms Gildernew, Mr G Kelly, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McCartney, Mr I McCrea, Mr McElduff, Mrs McGill, Mr McGlone, Mr M McGuinness, MrMcKay, Mr McLaughlin, Mr Molloy, Lord Morrow, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Boylan and Mr Brady.

Noes

Mr S Anderson, Mr Attwood, Mr Beggs, Mr P J Bradley, Mr Bresland, Lord Browne, Mr Burns, Mr Callaghan, Mr Campbell, Mr T Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Craig, Mr Cree, Mr Easton, Dr Farry, Mr Ford, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Humphrey, Mr Irwin, Mrs D Kelly, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyttle, Mr A Maginness, Mr McCallister, Mr McCarthy, Mr McCausland, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McFarland, Miss McIlveen, Mr McQuillan, Mr Moutray, Mr Neeson, Mr Newton, Mr O’Loan, Mr Poots, Ms Ritchie, Mr G Robinson, Rt Hon P Robinson, Mr Ross, MrSpratt, Mr Storey, Mr Weir, Mr Wells, Mr B Wilson.

Tellers for the Noes: Mr Lyttle and Mr Ross.

The following Member voted in both Lobbies and is therefore not counted in the result:

Mr P Ramsey

The Amendment was negatived.

Northern Ireland Assembly

7 February 2011
Divisions

Division No. 3

Further Consideration Stage: Wildlife and Natural Environment Bill (NIA Bill 5/09) – Amendment 11

Proposed:

Schedule 1, Page 23, Line 35

At end insert -

Dr S Farry
Ms A Lo
Mr T Lunn

The Question was put and the Assembly divided.

Ayes: 19
Noes: 56

Ayes

Mr Attwood, Mrs M Bradley, Mr PJ Bradley, Mr Burns, Mr Callaghan, Mr Easton, Dr Farry, Mr Ford, Mr Humphrey, Mrs D Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCarthy, Mr McDevitt, Ms Ritchie, Mr G Robinson, Mr Wells, Mr B Wilson.

Tellers for the Ayes: Mr Lyttle and Mr McCarthy.

Noes

Ms M Anderson, Mr S Anderson, Mr Armstrong, Mr Beggs, Mr Bell, Mr Boylan, Mr D Bradley, Mr Brady, Mr Bresland, Mr Butler, Mr T Clarke, Mr W Clarke, Mr Cobain, Rev Dr Robert Coulter, Mrs Foster, Mr Frew, Mr Gallagher, Ms Gildernew, Mr Hamilton, Mr G Kelly, Mr Kennedy, Mr Kinahan, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr McCallister, Mr F McCann, Mr McCartney, Mr B McCrea, Mr I McCrea, Dr McDonnell, Mr McElduff, Mr McFarland, Mrs McGill, Mr McGlone, Mr M McGuinness, Miss McIlveen, Mr McKay, Mr McLaughlin, Mr Molloy, Lord Morrow, Mr Murphy, Mr Newton, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Mr Poots, Mr P Ramsey, Ms S Ramsey, Mr P Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Spratt, Mr Weir.

Tellers for the Noes: Mr Brady and Mr Ross.

The Amendment was negatived.

Wildlife and Natural Environment Bill
Marshalled List of Amendments
Further Consideration Stage

Monday 7 February 2011

Amendments tabled up to and including Thursday, 3 February 2011

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1

Clause 1 , Page 1, Line 4

Leave out ‘further the conservation of’ and insert ‘have regard to the purpose of conserving’

Minister of the Environment

Amendment 2

Clause 1 , Page 1

Leave out line 17

Minister of the Environment

Amendment 3

Clause 7 , Page 4, Line 13

At end insert -

‘(1) In Article 4 of the Wildlife Order (protection of wild birds, their nests and eggs) for paragraph (4) substitute -

“(4) In paragraph (3) “the relevant provisions” means the provisions of -

(a) t his Part and of orders made under it,

(b) the Wild Birds Protection Acts (Northern Ireland) 1931 to 1968 and of orders made under those Acts,

(c) any other legislation which implements either of the Wild Birds Directives and extends to any part of the United Kingdom, to any area designated in accordance with section 1(7) of the Continental Shelf Act 1964, or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 1976, and

(d) the law of any member State (other than the United Kingdom) implementing either of the Wild Birds Directives.

(4A) For the purposes of paragraph (4) “the Wild Birds Directives” are -

(a) Council Directive 79/409/EEC on the conservation of wild birds; and

(b) Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds.”.’

Minister of the Environment

Amendment 4

New Clause

After clause 14 insert -

‘Possession of pesticides harmful to wildlife

14A. After Article 15A of the Wildlife Order (inserted by section 14) insert -

“Possession of pesticides harmful to wildlife

15B. -(1) A person who is in possession of a pesticide containing a prescribed ingredient shall be guilty of an offence .

(2) A prescribed ingredient is one which is prescribed for the purposes of this Article by an order made by the Department; but the Department may not make an order under this Article unless it is satisfied that it is necessary or expedient to do so in the interests of protecting wild birds or wild animals from harm .

(3) A person shall not be guilty of an offence under this Article if the person shows that the possession of the pesticide was for the purposes of doing anything in accordance with -

(a) regulations made under section 16(2) of the Food and Environment Protection Act 1985;

(b) provision made by or under the Poisons (Northern Ireland) Order 1976;

(c) the Biocidal Products Regulations (Northern Ireland) 2001 or any regulations amending or replacing those regulations; or

(d) the Plant Protection Products Regulations (Northern Ireland) 2005 or any regulations amending or replacing those regulations.

(4) In this Article “pesticide” means -

(a) a pesticide as defined by section 16(15) of the Food and Environment Protection Act 1985; and

(b) anything to which Part 3 of that Act applies, by virtue of section 16(16) of that Act, as if it were a pesticide.”.’

Minister of the Environment

Amendment 5

Clause 23 , Page 15, Line 13

At end insert -

‘(aa) Article 15B,’

Minister of the Environment

Amendment 6

Clause 28 , Page 16, Line 31

Leave out from ‘34’ to end of line 36 and insert -

‘43(1) of the Environment Order (agreements concerning land adjacent to an ASSI) for “adjacent to” substitute “which is not within”.’

Minister of the Environment

Amendment 7

New Clause

After clause 28 insert -

‘Public body: duties in relation to authorising operations

28A. -(1) Article 40 of the Environment Order (public bodies: duties in relation to authorising operations) is amended as follows.

(2) In paragraph (6) before sub-paragraph (a) insert -

“(aa) shall, in granting permission, impose conditions sufficient to ensure that the requirements set out in paragraph (6A) are complied with;”.

(3) After paragraph (6) insert -

“(6A) The requirements are -

(a) that the operations are carried out in such a way as to give rise to as little damage as is reasonably practicable in all the circumstances to the flora, fauna or geological, physiographical or other features by reason of which the ASSI is of special scientific interest; and

(b) that the site will be restored to its former condition, so far as is reasonably practicable, if any such damage does occur.”.’

Minister of the Environment

Amendment 8

Clause 36 , Page 20, Line 38

At beginning insert -

‘Subject to section 36A,’

Mr Francie Molloy

Amendment 9

Clause 36 , Page 21, Line 2

At end insert -

‘(e) nets hares for the purpose of a hare coursing event,

(f) transports hares for the purpose of a hare coursing event, or

(g) holds hares for the purpose of a hare coursing event.’

Mr Peter Weir

Amendment 10

New Clause

After clause 36 insert -

‘Licensing of hare coursing events

36A. -(1) Section 36 does not apply to a hare coursing event arranged under and in accordance with a licence granted by the Department.

(2) A licence under subsection (1) -

(a) may be granted only to a particular person; and

(b) shall be subject to compliance with a code of practice published by the Department.

(3) The Department shall not license any more than two events in any calendar year.

(4) The Department may charge for the licence such reasonable sum (if any) as it may determine.

(5) The Department shall publish a code of practice in connection with hare coursing events.

(6) The code of practice under subsection (5) shall include -

(a) a requirement that every hare coursing event be attended by a licensed veterinary surgeon; and

(b) requirements as to standards to be observed in the practice of hare husbandry.

(7) Applications for a licence must include such information as the Department may require.’

Mr Francie Molloy

Amendment 11

Schedule 1 , Page 23, Line 35

At end insert -

Dr Stephen Farry
Ms Anna Lo
Mr Trevor Lunn

Amendment 12

Schedule 1 , Page 24, Line 35

At end insert -

Dr Stephen Farry
Ms Anna Lo
Mr Trevor Lunn
Mr Christopher Lyttle

Amendment 13

Schedule 2 , Page 28, Line 28

Leave out ‘7A(1) and 7D(4)’ and insert ‘and 7A(1)’

Minister of the Environment

Amendment 14

Schedule 3 , Page 32, Line 22

At end insert -

‘Part 3

hare coursing

Minister of the Environment

Amendment 15

Long Title

Leave out ‘and amend’ and insert ‘; to prohibit hare coursing events; to amend’

Minister of the Environment

Caravans Bill
Marshalled List of Amendments
Further Consideration Stage

Monday 7 February 2011

Amendments tabled up to 9:30am Thursday, 03 February 2011

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1

Clause 7 , Page 5, Line 37

At end add ‘under a seasonal agreement’

Minister for Social Development

Amendment 2

Clause 8 , Page 6, Line 8

At end insert -

‘and

(d) sets out the terms implied by section 9(1).’

Minister for Social Development

Amendment 3

Clause 8 , Page 6, Line 22

At end insert -

‘and

(d) sets out the terms implied by section 9(1).’

Minister for Social Development

Amendment 4

Clause 9

Leave out clause 9 and insert -

‘Implied terms as to consultation with occupiers’ association

9. -(1) In any seasonal agreement there shall be implied the terms set out in subsections (3) and (4) (read with subsections (5) and (6)); and this subsection shall have effect notwithstanding any express term of the agreement.

(2) If the owner fails to comply with those terms, the occupier may apply to the court for an order requiring the owner to comply with those terms.

(3) The owner shall consult a qualifying occupiers’ association, if there is one, about all matters which relate to the operation and management of, or improvements to, the caravan site which may affect the occupiers either directly or indirectly.

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

(a) describes 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.

(5) For the purposes of subsection (3) an association is a qualifying occupiers’ association in relation to a caravan site if -

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

(b) at least 50% 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;

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

(f) it has a chairman, secretary and treasurer who are elected by and from among the members;

(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;

(h) the owner has acknowledged in writing to the secretary that the association is a qualifying occupiers’ association or, in default of this, the court has so ordered.

(6) When calculating the percentage of occupiers for the purpose of subsection (5)(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.’

Minister for Social Development

Amendment 5

Clause 10 , Page 7, Line 2

Leave out ‘seasonal’ and insert ‘caravan’

Minister for Social Development

Amendment 6

Schedule 2

Leave out Schedule 2

Minister for Social Development

Northern Ireland Assembly

Papers Presented to the Assembly from
2 to 7 February 2011

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

Welfare of Animals Bill (As Amended at Consideration Stage) NIA Bill 28/09

Licensing and Registration of Clubs (Amendment) Bill (As Amended at Consideration Stage) NIA Bill 19/09

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

Memorandum of Understanding between the Department for Employment and Learning and the Office of Qualifications & Examinations Regulation (DEL)

5. Assembly Reports

Arrangements for Ensuring the Quality of Care in Homes for Older People (NIA 39/10/11R) (Public Accounts Committee)

Procurement and Governance of NI Water (NIA 40/10/11R) (Public Accounts Committee)

6. Statutory Rules

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

S.R. 2011/18 The Motor Vehicle Testing (Electronic Communications) Order (Northern Ireland) 2011 (DOE)

S.R. 2011/19(C.4) The Road Traffic (Amendment) (1991 Order) (Commencement No.2) Order (Northern Ireland) 2011 (DOE)

S.R. 2011/20 The Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 2011 (DOE)

S.R. 2011/22 The Plant Health (Amendment) Order (Northern Ireland) 2011 (DHSSPS)

S.R. 2011/26 The Social Security Agency (Work-focused Interviews etc.) (Equalisation of State Pension Age) (Amendment) Regulations (Northern Ireland) 2011 (DSD)

S.R. 2011/27 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2011 (DARD)

For Information Only:

7. Written Ministerial Statements

Outcome of the Chemistry A Level Marking Investigation (DE)

8. Consultation Documents

Ten Year Tobacco Control Strategy for Northern Ireland (DHSSPS)

Draft Equality Scheme and Draft Equality Action Plan (DHSSPS)

Consultation on Proposals to Amend Driving License Standards for Vision, Diabetes and Epilepsy - Annex III to Directive 91/439/EEC and 2006/126/EC (DOE)

9. Departmental Publications

Northern Ireland Spring Supplementary Estimates 2010-11 and Vote on Account 2011-12 (DFP)

10. Agency Publications

11. Westminster Publications

12. Miscellaneous Publications