No. 38-10/11

Minute of Proceedings
Tuesday 15 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 Second Stage - Budget Bill (NIA Bill 11/10)

The Minister of Finance and Personnel, Mr Sammy Wilson, moved the Second Stage of the Budget Bill (NIA 11/10).

Debate ensued.

The sitting was suspended at 12.31pm.

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

3. Question Time

3.1 Employment and Learning

Questions were put to, and answered by, the Minister for Employment and Learning, Mr Danny Kennedy.

3.2 Regional Development

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

4. Executive Committee Business (Cont’d)

4.1 Second Stage - Budget Bill (NIA Bill 11/10) (Cont’d)

Debate resumed on the Second Stage.

The Deputy Speaker (Mr Molloy) took the Chair.

The Speaker took the Chair.

The Deputy Speaker (Mr Molloy) took the Chair.

Bill (NIA 11/10) passed Second Stage.

4.2 Final Stage - Employment (No.2) Bill (NIA Bill 24/09)

The Minister for Employment and Learning, Mr Danny Kennedy, moved that the Final Stage of the Employment (No.2) Bill (NIA Bill 24/09) do now pass.

Debate ensued.

NIA Bill 24/09 passed Final Stage.

4.3 Final Stage - Wildlife and Natural Environment Bill (NIA Bill 5/09)

The Second Stage of the Wildlife and Natural Environment Bill (NIA Bill 5/09) stood on the Order Paper in the name of the Minister of the Environment, Mr Edwin Poots.

The Second Stage was not moved.

4.4 Final Stage - Local Government Finance Bill (NIA Bill 14/09)

The Minister of the Environment, Mr Edwin Poots, moved that the Final Stage of the Local Government Finance Bill (NIA Bill 14/09) do now pass.

Debate ensued.

NIA Bill 14/09 passed Final Stage.

5. Private Members’ Business

5.1 Final Stage - Caravans Bill (NIA Bill 17/09)

Mr John McCallister moved that the Final Stage of the Caravans Bill (NIA Bill 17/09) do now pass.

Debate ensued.

NIA Bill 17/09 passed Final Stage.

5.2 Consideration Stage - Armed Forces and Veterans Bill (NIA Bill 33/09)

The Speaker took the Chair.

A valid Petition of Concern in relation to Clauses 1 to 8 stand part and the Long Title of the Bill, was presented under Standing Order 28 on 10 February 2011 (Appendix 1).

Mr David McNarry moved the Consideration Stage of the Armed Forces and Veterans Bill (NIA Bill 33/09).

Nine amendments were tabled to the Bill.

Clauses

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

The question that Clause 1, as amended, stand part of the Bill was negatived (Division 1).

Amendment 2 was not moved.

Amendments 3, 4, 5, 6, 7, 8 and 9 were not moved.

The question that Clauses 2 to 8 stand part of the Bill, and that the Long Title be agreed, was negatived (Division 2).

6. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 2.32am.

Mr William Hay
The Speaker
15 February 2011

Northern Ireland Assembly

15 February 2011
Divisions

Division No. 1

Consideration Stage - Armed Forces and Veterans Bill (NIA Bill 33/09) – Clause 1

Mr D McNarry

The Question was put and the Assembly divided.

Ayes: 38
Noes: 11

Ayes

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, Mr Frew, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr B McCrea, Mr I McCrea, Mr McFarland, Miss McIlveen, Mr McNarry, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Ms Purvis, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells.

Other

Dr Farry, Mr Lyttle.

Tellers for the Ayes: Mr Beggs and Mr Kinahan.

Noes

Nationalist

Mr Butler, Mrs D Kelly, Mr G Kelly, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McDevitt, Ms Ní Chuilín, Mr P Ramsey, Ms S Ramsey.

Tellers for the Noes: Mr F McCann and Mr McDevitt.

Total votes        49 Total Ayes            38 [ 77.6 % ]

Nationalist Votes         11              Nationalist Ayes 0 [0 .0 % ]

Unionist Votes 36 Unionist Ayes       36 [100.0 % ]

Other Votes         2 Other Ayes            2 [100.0 % ]

The question that Clause 1, as amended, stand part was negatived (cross-community vote).

Northern Ireland Assembly

15 February 2011
Divisions

Division No. 2

Consideration Stage - Armed Forces and Veterans Bill (NIA Bill 33/09) – Clause 2 to 8 and Long Title

Mr D McNarry

The Question was put and the Assembly divided.

Ayes: 38
Noes: 9

Ayes

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, Mr Frew, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr B McCrea, Mr I McCrea, Mr McFarland, Miss McIlveen, Mr McNarry, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Ms Purvis, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells.

Other

Dr Farry, Mr Lyttle.

Tellers for the Ayes: Mr Beggs and Mr Kinahan.

Noes

Nationalist

Mrs D Kelly, Mr G Kelly, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McDevitt, Ms Ní Chuilín, Mr P Ramsey, Ms S Ramsey.

Tellers for the Noes: Mr F McCann and Mr McDevitt.

Total votes        47 Total Ayes   38 [80.9 % ]

Nationalist Votes         9              Nationalist Ayes                  0 [0.0 % ]

Unionist Votes 36 Unionist Ayes     36 [100.0 % ]

Other Votes         2 Other Ayes            2 [100.0 % ]

The question that Clauses 2 to 8 stand part, and the Long Title be agreed, 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 Thursday 10 February 2011, in relation to Clauses 1 to 8 stand part and the Long Title of the Armed Forces and Veterans Bill (NIA Bill 33/09).

MS CAITRÍONA RUANE

MR DAITHÍ MCKAY

MR ALEX MASKEY

MR PAUL MASKEY

MS CARÁL NÍ CHUILÍN

MR JOHN O’DOWD

MR CONOR MURPHY

MR GERRY KELLY

MS MARTINA ANDERSON

MRS MICHELLE O’NEILL

MR MARTIN MCGUINNESS

MR BARRY MCELDUFF

MR RAYMOND MCCARTNEY

MR MICKEY BRADY

MRS CLAIRE MCGILL

MS MICHELLE GILDERNEW

MS SUE RAMSEY

MR PAT DOHERTY

MR CATHAL BOYLAN

MR BILLY LEONARD

MS JENNIFER MCCANN

MR WILLIE CLARKE

MR PAUL BUTLER

MR FRA MCCANN

MR MITCHEL MCLAUGHLIN

MR FRANCIE MOLLOY

MR PAT SHEEHAN

MR ALEX ATTWOOD

MR DOMINIC BRADLEY

MRS MARY BRADLEY

MR PJ BRADLEY

MR THOMAS BURNS

MR JOHN DALLAT

MR PÓL CALLAGHAN

MR TOMMY GALLAGHER

MR CONALL MCDEVITT

MRS DOLORES KELLY

MR ALBAN MAGINNESS

MR ALASDAIR MCDONNELL

MR PATSY MCGLONE

MR DECLAN O’LOAN

MR PAT RAMSEY

Armed Forces and Veterans Bill
Marshalled List of Amendments
Consideration Stage
Tuesday 15 February 2011

Amendments tabled up to 9:30am Thursday, 10 February 2011

The Bill will be considered in the following order-

Clauses and Long Title

Amendment 1

Clause 1 , Page 1, Line 14

Leave out subsections (3) and (4) and insert -

‘(3) The Department may by order amend the list of authorities in subsection (2) by adding to, or removing from, the list an authority other than a Northern Ireland department.

(4) No order may be made under subsection (3) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.’

Mr David McNarry

Amendment 2

Clause 2 , Page 1, Line 20

Leave out subsections (2) and (3) and insert -

‘(2) The Department may make regulations prescribing the functions of a co-ordinator.

(3) Regulations may not be made under subsection (2) unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.’

Dr Stephen Farry
Mr Kieran McCarthy

Amendment 3

Clause 2 , Page 2, Line 4

Leave out ‘the Department of Finance and Personnel’ and insert ‘the Department’

Mr David McNarry

Amendment 4

Clause 4 , Page 2, Line 31

Leave out ‘The Department of Finance and Personnel’ and insert ‘The Department’

Mr David McNarry

Amendment 5

Clause 4 , Page 2, Line 36

Leave out ‘The Department of Finance and Personnel’ and insert ‘The Department’

Mr David McNarry

Amendment 6

Clause 4 , Page 2, Line 38

Leave out ‘the Department of Finance and Personnel’ and insert ‘the Department’

Mr David McNarry

Amendment 7

Clause 5 , Page 2, Line 41

Leave out ‘The Department of Finance and Personnel’ and insert ‘The Department’

Mr David McNarry

Amendment 8

Clause 5 , Page 3, Line 3

Leave out ‘The Department of Finance and Personnel’ and insert ‘The Department’

Mr David McNarry

Amendment 9

Clause 6 , Page 3, Line 23

At end insert -

‘ “the Department” means the Office of the First Minister and deputy First Minister’

Mr David McNarry

Northern Ireland Assembly

Papers Presented to the Assembly on
15 February 2011

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

Budget Bill (As Introduced) NIA Bill 11/10

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)

S.R. 2011/29 The Food (Jelly Mini-Cups) (Emergency Control) (Revocation) Regulations (Northern Ireland) 2011 (DHSSPS)

S.R. 2011/31 Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) Regulations (Northern Ireland) 2011 (DETI)

S.R. 2011/32 The Tullyrain Road (Route A26), Banbridge (Abandonment) Order (Northern Ireland) 2011 (DRD)

S.R. 2011/33 The Back Street at Carrick Hill and Library Street, Belfast (Abandonment) Order (Northern Ireland) 2011 (DRD)

S.R. 2011/34 The Candahar Street, Belfast (Abandonment) Order (Northern Ireland) 2011 (DRD)

7. Written Ministerial Statements

8. Consultation Documents

Spatial Strategies on the Island of Ireland - Framework for Collaboration (DRD)

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 15 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