No. 39-10/11
Minute of Proceedings
Monday 21 February 2011
The Assembly met at noon, the Speaker in the Chair.
1. Personal Prayer or Meditation
Members observed two minutes’ silence.
2. Executive Committee Business
2.1 Motion - Suspension of Standing Orders
Proposed:
That Standing Orders 10(2) to 10(4) be suspended for 21 February 2011.
Minister of Health, Social Services and Public Safety
The Question being put, the Motion was carried with cross-community support nemine contradicente.
2.2 Further Consideration Stage - Sunbeds Bill (NIA Bill 18/09)
The Minister of Health, Social Services and Public Safety, Mr Michael McGimpsey, moved the Further Consideration Stage of the Sunbeds Bill (NIA Bill 18/09).
No amendments were tabled to the Bill.
Bill NIA 18/09 stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.
2.3 Statement - Procurement in the Education Sector
The Deputy Speaker (Mr Dallat) took the Chair.
The Minister of Education, Ms Caitríona Ruane, made a statement to the Assembly regarding procurement in the Education Sector, following which she replied to questions.
2.4 Consideration Stage - Housing (Amendment) (No.2) Bill (NIA Bill 32/09)
The Minister for Social Development, Mr Alex Attwood, moved the Consideration Stage of the Housing (Amendment) (No. 2) Bill (NIA Bill 32/09).
25 amendments were tabled to the Bill .
Clauses
The question being put, it was agreed without division that Clause 1 stand part of the Bill.
After debate, Amendments 1 and 2 to Clause 2 were made without division.
The question being put, it was agreed without division that Clause 2, as amended, stand part of the Bill.
After debate, it was agreed without division that Amendment 3 be made and that the new Clause 2A stand part of the Bill.
The question being put, it was agreed without division that Clauses 3 and 4 stand part of the Bill.
After debate, it was agreed without division that Amendment 4 be made and that the new Clause 4A stand part of the Bill.
After debate, Amendments 5, 6 and 7 to Clause 5 were 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, Amendment 8 to Clause 7 was made without division.
The question being put, it was agreed without division that Clause 7, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clause 8 stand part of the Bill.
After debate, it was agreed without division that Amendment 9 be made and that the new Clause 8A stand part of the Bill.
After debate, Amendments 10 and 11 to Clause 9 were made without division.
The question being put, it was agreed without division that Clause 9, as amended, stand part of the Bill.
After debate, Amendments 12 and 13 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.
After debate, it was agreed without division that Amendment 14 be made and that the new Clause 10A stand part of the Bill.
The debate was suspended for question time.
The Speaker took the Chair.
3. Question Time
3.1 Office of the First Minister and deputy First Minister
Questions were put to, and answered by, the First Minister, Rt Hon Peter Robinson. The junior Minister, Mr Robin Newton, also answered a number of questions.
3.2 Social Development
Questions were put to, and answered by, the Minister for Social Development, Mr Alex Attwood.
4. Executive Committee Business (Cont’d)
4.1 Consideration Stage - Housing (Amendment) (No.2) Bill (NIA Bill 32/09) (Cont’d)
The Deputy Speaker (Mr McClarty) took the Chair.
Debate resumed on the Consideration Stage.
After debate, it was agreed without division that Amendment 15 be made and that the new Clause 10B stand part of the Bill.
The question being put, it was agreed without division that Clause 11 stand part of the Bill.
After debate, it was agreed without division that Amendment 16 be made and that the new Clause 11A stand part of the Bill.
After debate, it was agreed without division that Amendment 17 be made and that the new Clause 11B stand part of the Bill.
After debate, Amendments 18 and 19 to Clause 12 were made without division.
The question being put, it was agreed without division that Clause 12, as amended, stand part of the Bill.
After debate, it was agreed without division that Amendment 20 be made and that the new Clause 12A stand part of the Bill.
After debate, it was agreed without division that Amendment 21 be made and that the new Clause 12B stand part of the Bill.
After debate, it was agreed without division that Amendment 22 be made and that the new Clause 12C stand part of the Bill.
The question being put, it was agreed without division that Clauses 13 and 14 stand part of the Bill.
After debate, Amendments 23 and 24 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, Amendment 25 to the Schedule was made without division.
The question being put, it was agreed without division that the Schedule, as amended, stand part of the Bill.
Long Title
The question being put, the Long Title was agreed without division.
Bill NIA 32/09 passed Consideration Stage and stood referred to the Speaker.
4.2 Consideration Stage - Clean Neighbourhoods and Environment Bill (NIA Bill 31/09)
The Minister of the Environment, Mr Edwin Poots, moved the Consideration Stage of the Clean Neighbourhoods and Environment Bill (NIA Bill 31/09).
22 Amendments were tabled to the Bill.
Clauses
The question being put, it was agreed without division that Clauses 1 to 15 stand part of the Bill.
After debate, Amendment 1 to Clause 16 was made without division.
The question being put, it was agreed without division that Clause 16, as amended, stand part of the Bill.
As Amendment 1 was made Amendment 2 was not called.
The question being put, it was agreed without division that Clauses 17 to 25 stand part of the Bill.
After debate, Amendments 3 and 4 to Clause 26 were made without division.
The question being put, it was agreed without division that Clause 26, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 27 to 30 stand part of the Bill.
After debate, Amendment 5 to Clause 31 was made without division.
The question being put, it was agreed without division that Clause 31, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 32 to 35 stand part of the Bill.
After debate, it was agreed without division that Amendment 6 be made and that the new Clause 35A stand part of the Bill.
After debate, Amendments 7 and 8 to Clause 36 were made without division.
The question being put, it was agreed without division that Clause 36, as amended, stand part of the Bill.
After debate, Amendments 9 and 10 to Clause 37 were made without division.
The question being put, it was agreed without division that Clause 37, as amended, stand part of the Bill.
After debate, it was agreed without division that Amendment 11 be made and that the new Clause 37A stand part of the Bill.
The question being put, it was agreed without division that Clauses 38 to 44 stand part of the Bill
After debate, it was agreed without division that Amendment 12 be made and that the new Clause 44A stand part of the Bill.
The question being put, it was agreed without division that Clauses 45 to 54 stand part of the Bill.
After debate, Amendment 13 to Clause 55 was 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 14 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.
The question being put, it was agreed without division that Clause 59 stand part of the Bill.
After debate, Amendments 15 and 16 to Clause 60 were made without division.
The question being put, it was agreed without division that Clause 60, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 61 to 64 stand part of the Bill.
After debate, Amendment 17 to Clause 65 was made without division.
The question being put, it was agreed without division that Clause 65, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 66 to 71 stand part of the Bill.
After debate, Amendments 18 and 19 to Clause 72 were made without division.
The question being put, it was agreed without division that Clause 72, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 73 to 76 stand part of the Bill.
Schedules
The question being put, it was agreed without division that Schedules 1 and 2 stand part of the Bill.
After debate, Amendments 20, 21 and 22 to Schedule 3 were 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 31/09) passed Consideration Stage and stood referred to the Speaker.
The Deputy Speaker (Mr Molloy) took the Chair.
4.3 Consideration Stage - High Hedges Bill (NIA Bill 15/09)
The Minister of the Environment, Mr Edwin Poots, moved the Consideration Stage of the High Hedges Bill (NIA Bill 15/09).
Four amendments were tabled to the Bill .
Clauses
The question being put, it was agreed without division that Clauses 1 and 2 stand part of the Bill.
Amendment 1, inserting new Clause 2A ‘Tall Trees’ after Clause 2, was not moved.
After debate, Amendment 2 to Clause 3 was made without division.
After debate, Amendment 3 to Clause 3 was made without division.
After debate, Amendment 4 to Clause 3 was made without division.
The question being put, it was agreed without division that Clause 3, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 4 to 20 stand part of the Bill.
Long Title
The question being put, the Long Title was agreed without division.
Bill NIA 15/09 passed Consideration Stage and stood referred to the Speaker.
5. Committee Business
5.1 Further Consideration Stage - Assembly Members (Independent Financial Review and Standards) Bill (NIA Bill 3/10)
Mr Peter Weir, on behalf of the Assembly Commission, and Mr Declan O’Loan, Chairperson of the Committee on Standards and Privileges, moved the Further Consideration Stage of the Assembly Members (Independent Financial Review and Standards) Bill (NIA Bill 3/10).
No amendments were tabled to the Bill.
Bill NIA 3/10 stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.
6. Adjournment
Proposed:
That the Assembly do now adjourn.
The Speaker
The Assembly adjourned at 5.52pm.
Mr William Hay
The Speaker
21 February 2011
Housing (Amendment) (No.2) Bill
Marshalled List of Amendments
Consideration Stage
Monday 21 February 2011
Amendments tabled up to 9:30am Thursday, 17 February 2011
The Bill will be considered in the following order-
Clauses, Schedule and Long Title
Amendment 1
Clause 2 , Page 2, Line 6
After ‘Article’ insert ‘and Article 5B’
Minister for Social Development
Amendment 2
Clause 2 , Page 2, Line 13
After ‘Article’ insert ‘and Article 5B’
Minister for Social Development
Amendment 3
New Clause
After clause 2 insert -
‘Length of notice to quit
2A. -(1) Article 14 of the Private Tenancies Order (length of notice to quit) is amended as follows.
(2) In paragraph (1) for “4 weeks” substitute “the relevant period”.
(3) After that paragraph insert -
“(1A) For the purposes of paragraph (1) the relevant period is -
(a) 4 weeks, if the tenancy has not been in existence for more than 5 years;
(b) 8 weeks, if the tenancy has been in existence for more than 5 years but not for more than 10 years;
(c) 12 weeks, if the tenancy has been in existence for more than 10 years.”.
(4) This section -
(a) applies whether the private tenancy was granted before or after the date on which this section comes into operation; but
(b) does not apply in relation to a notice to quit given before that date.’
Minister for Social Development
Amendment 4
New Clause
After clause 4 insert -
‘Disclosure of information
4A. After Article 64 of the Private Tenancies Order insert -
“Disclosure of information for purposes of Parts 2 to 4
64A. -(1) This Article applies to any relevant information which is held -
(a) by the Department of Finance and Personnel for the purposes of -
(i) its functions under the Rates (Northern Ireland) Order 1977 or the Rates (Capital Values, etc.) (Northern Ireland) Order 2006; or
(ii) the administration of housing benefit; or
(b) by the Northern Ireland Housing Executive for the purposes of the administration of housing benefit.
(2) Relevant information to which this Article applies must, if an authorised officer of the appropriate council so requires, be supplied to that council for the purpose of enabling or assisting that council to exercise its functions under any provision of Part 2, 3 or 4.
(3) Any requirement under paragraph (2) must specify -
(a) the description of relevant information which is to be supplied;
(b) the form in which that information is to be supplied; and
(c) the date by which that information is to be supplied.
(4) This Article -
(a) does not limit the circumstances in which information may be supplied apart from this Article; but
(b) has effect despite any restriction on the purposes for which relevant information may be disclosed or used.
(5) In this Article -
“authorised officer”, in relation to a council, means an officer of the council authorised for the purposes of this Article by the council;
“housing benefit” means housing benefit provided by virtue of a scheme under section 122 of the Social Security Contributions and Benefits ( Northern Ireland) Act 1992;
“relevant information” means information as to -
(a) the location, age, size or description of a dwelling-house let under a private tenancy;
(b) the name and address of the landlord or tenant of such a dwelling-house or of any person acting as an agent of the landlord.
Unauthorised disclosure of information
64B. - (1) An employee of a council commits an offence if he discloses without lawful authority any information -
(a) which he acquired in the course of his employment;
(b) which is, or is derived from, information supplied to the council under Article 64A; and
(c) which relates to a particular dwelling-house or person.
(2) It is not an offence under this Article to disclose information which has previously been disclosed to the public with lawful authority.
(3) It is a defence for a person charged with an offence under this Article to show that at the time of the alleged offence -
(a) he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or
(b) he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
(4) A person who is guilty of an offence under this Article shall be liable -
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(5) For the purposes of this Article a disclosure of information is to be regarded as made with lawful authority if, and only if, it is made -
(a) in accordance with his official duty by an employee of the council;
(b) in accordance with any statutory provision or order of a court;
(c) for the purposes of any criminal proceedings; or
(d) with the consent of the person to whom the information relates.”.’
Minister for Social Development
Amendment 5
Clause 5 , Page 4
Leave out lines 18 and 19 and insert ‘the information to be provided for the purposes of registration;’
Minister for Social Development
Amendment 6
Clause 5 , Page 4, Line 31
Leave out ‘in connection with an application for’ and insert ‘for the purposes of’
Minister for Social Development
Amendment 7
Clause 5 , Page 4, Line 42
At end insert -
‘(7) If on an application made to it by a district council, the county court is satisfied that -
(a) a person has been convicted of an offence under paragraph (4)(b), and
(b) that person is continuing after that conviction to contravene paragraph (4)(b),
the court may make an order requiring that person to register under this Article within such period (not being less than 28 days from the date of the order) as the court may specify.’
Minister for Social Development
Amendment 8
Clause 7 , Page 6, Line 13
At end insert -
‘(4) The Department must lay before the Assembly -
(a) a draft of regulations under Article 5A, and
(b) a draft of regulations under Article 65A,
not later than 18 months after the date on which the Housing (Amendment) Act (Northern Ireland) 2011 receives Royal Assent.” ’
Minister for Social Development
Amendment 9
New Clause
After clause 8 insert -
‘Houses in multiple occupation: increase in fine for failure to register
8A. -(1) In Article 75L of the Housing (Northern Ireland) Order 1992 (offences in connection with registration scheme for houses in multiple occupation) after paragraph (1) insert -
“(1A) A person who commits an offence under this Article consisting of a contravention of a provision included in a registration scheme by virtue of Article 75C(1) is liable on summary conviction to a fine not exceeding £20,000.”.
(2) Subsection (1) does not apply in relation to an offence committed before the date on which this section comes into operation.’
Minister for Social Development
Amendment 10
Clause 9 , Page 7, Line 29
At end insert ‘granted or sought on the grounds that the tenant -
(i) is engaging in, or threatening to engage in, conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality;
(ii) is using or threatening to use the premises for immoral or illegal purposes; or
(iii) is allowing, inciting or encouraging any other person to engage or threaten to engage in such conduct or use or threaten to use the premises for such purposes;’
Minister for Social Development
Amendment 11
Clause 9 , Page 7, Line 38
At end insert -
‘Ground 2B
The tenant or the proposed assignee or a person who is residing with either of them has been convicted of -
(a) an offence involving using the dwelling-house of which the tenant or the proposed assignee is the secure tenant, or allowing it to be used, for immoral or illegal purposes, or
(b) an indictable offence.”.’
Minister for Social Development
Amendment 12
Clause 10 , Page 8, Line 5
After ‘2A’ insert ‘or 2B’
Minister for Social Development
Amendment 13
Clause 10 , Page 8, Line 30
After ‘2A’ insert ‘or 2B’
Minister for Social Development
Amendment 14
New Clause
After clause 10 insert -
‘Possession orders: conduct causing nuisance or annoyance
10A. In Article 29 of the Housing ( Northern Ireland) Order 1983 after paragraph (3) insert -
“(3ZA) The matters to be taken into account by the court in determining whether it is reasonable to make an order on ground 2(a) shall include -
(a) the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;
(b) any continuing effect the nuisance or annoyance is likely to have on such persons;
(c) the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated;
(d) the circumstances of the tenant and the likely effect of a possession order on the tenant and any person residing with the tenant.”.’
Minister for Social Development
Amendment 15
New Clause
After clause 10 insert -
‘Miscellaneous amendments to the Housing Orders
Abandoned tenancies
10B. -(1) In Article 41 of the Housing ( Northern Ireland) Order 1983 (NI 15) (rights of landlord where secure tenancy abandoned) in paragraph (3) for sub-paragraph (a) substitute -
“(a) has reasonable grounds for believing the matters mentioned in paragraph (1)(a) and (b); and”.
(2) In Article 19A of the Housing (Northern Ireland) Order 2003 (NI 2) (rights of landlord where introductory tenancy abandoned) in paragraph (3) for sub-paragraph (a) substitute -
“(a) has reasonable grounds for believing the matters mentioned in paragraph (1)(a) and (b); and”.’
Minister for Social Development
Amendment 16
New Clause
After clause 11 insert -
‘Abolition of rent surplus fund
11A. -(1) Article 37 of the Housing ( Northern Ireland) Order 1992 (NI 15) (surplus rental income of housing association) is repealed.
(2) In Article 20(2) of that Order (offences relating to accounts of housing associations) -
(a) at the end of sub-paragraph (a) insert “or”;
(b) omit sub-paragraph (c) and the word “or” immediately before it.’
Minister for Social Development
Amendment 17
New Clause
After clause 11 insert -
‘Service of documents
11B. -(1) Article 104 of the Housing ( Northern Ireland) Order 1992 (NI 15) (service of certain documents) is amended as follows.
(2) For paragraph (1) substitute -
“(1) Any document required or authorised by a statutory provision to be given to or served on any person by the Executive or a registered housing association may be given to or served on that person by being sent by ordinary post.”.’
Minister for Social Development
Amendment 18
Clause 12 , Page 9, Line 19
Leave out ‘or oil’ and insert ‘, oil or other means of producing energy’
Minister for Social Development
Amendment 19
Clause 12 , Page 9, Line 32
At end insert -
‘(d) a supplier of any other means of producing energy.’
Minister for Social Development
Amendment 20
New Clause
After clause 12 insert -
‘Functions of Executive in relation to community safety
12A. -(1) The Executive may take such action for enhancing community safety in any area as is compatible with the proper exercise of its functions in that area.
(2) Reference in this section to enhancing community safety in any area is to making the area one in which it is safer to live and work, in particular by the reduction of levels of crime and other anti-social behaviour.’
Minister for Social Development
Amendment 21
New Clause
After clause 12 insert -
‘Power of Executive to enter into arrangements with other statutory authorities
12B. -(1) The Department may by regulations make provision for or in connection with enabling the Executive (on the one hand) and prescribed statutory authorities (on the other) to enter into prescribed arrangements in relation to the exercise of prescribed functions of the Executive and prescribed housing-related functions of the statutory authorities, if the arrangements are likely to lead to an improvement in the way in which those functions are exercised.
(2) The arrangements which may be prescribed include arrangements for or in connection with -
(a) the exercise by the Executive on behalf of a statutory authority of prescribed housing-related functions of the authority,
(b) the exercise by a statutory authority on behalf of the Executive of prescribed functions of the Executive,
(c) the provision of staff, goods, services or accommodation in connection with any arrangements mentioned in paragraph (a) or (b),
(d) meeting exp enditure incurred in connection with the arrangements, including provision for the making of payments by a statutory authority to the Executive or by the Executive to a statutory authority.
(3) Regulations under this section may make provision -
(a) as to the cases in which the Executive and statutory authorities may enter into prescribed arrangements,
(b) as to the conditions which must be satisfied in relation to prescribed arrangements (including conditions in relation to consultation),
(c) for or in connection with requiring the consent of a Northern Ireland department to the operation of prescribed arrangements (including provision in relation to applications for consent, the approval or refusal of such applications and the variation or withdrawal of approval),
(d) as to the sharing of information between the Executive and statutory authorities.
(4) Any arrangements made by virtue of this section shall not affect -
(a) the liability of the Executive for the exercise of any of its functions,
(b) the liability of statutory authorities for the exercise of any of their functions, or
(c) any power or duty to recover charges in respect of services provided in the exercise of any functions of statutory authorities.
(5) A Northern Ireland department may issue guidance to the Executive and statutory authorities in relation to consultation or applications for consent in respect of prescribed arrangements.
(6) The reference in subsection (1) to an improvement in the way in which functions are exercised includes an improvement in the provision to any individuals of any services to which those functions relate.
(7) In this section -
“housing- related functions” , in relation to a statutory authority, means functions of the authority which, in the opinion of the Department -
(a) have an effect on the housing of any individual,
(b) ha ve an effect on, or are affected by, any functions of the Executive, or
(c) are connected with any functions of the Executive;
“prescribed” means prescribed by regulations under this section;
“statutory authority” means a body or person exercising functions under any Act of Parliament or Northern Ireland legislation.
(8) Regulations under this section -
(a) are subject to negative resolution;
(b) may contain such incidental, supplementary, transitional and saving provisions as appear to the Department to be necessary or expedient. ’
Minister for Social Development
Amendment 22
New Clause
After clause 12 insert -
‘Indemnification of members and officers of Executive
12C . - (1) The Department may by order make provision for or in connection with conferring power on the Executive to provide indemnities to some or all of its members and officers.
(2) Before making an order under this section, the Department must consult -
(a) the Executive, and
(b) such representatives of officers of the Executive and such other persons as the Department considers appropriate.
(3) An order under this section -
(a) is subject to negative resolution;
(b) may contain such incidental, supplementary, transitional and saving provisions as appear to the Department to be necessary or expedient. ’
Minister for Social Development
Amendment 23
Clause 15 , Page 10, Line 25
At beginning insert ‘Except as provided by subsection (1A),’
Minister for Social Development
Amendment 24
Clause 15 , Page 10, Line 26
At end insert -
‘(1A) Sections 2, 5 and 7 come into operation on Royal Assent.’
Minister for Social Development
Amendment 25
Schedule , Page 11, Line 3
At end insert -
‘The Housing In Article 20(2), sub-paragraph (c) and
(Northern Ireland) Order the word “or” immediately before it.
1992 (NI 15) Article 37.’
Minister for Social Development
Clean Neighbourhoods and Environment Bill
Marshalled List of Amendments
Consideration Stage
Monday 21 February 2011
Amendments tabled up to 9.30am Thursday, 17 February 2011
The Bill will be considered in the following order-
Clauses, Schedules and Long Title
Amendment 1
Clause 16 , Page 14, Line 37
At end insert -
‘(2A) After paragraph (8) insert -
“(8A) The Department shall prepare and issue, and may from time to time revise, a code of practice for the purpose of providing guidance on the giving by authorised officers of notices under this Article.
(8B) An authorised officer must have regard to the code of practice as for the time being in force in determining whether to give a person a notice under this Article.
(8C) A draft of the code of practice, or any revision of the code of practice, shall be laid before the Assembly.
(8D) If, within the statutory period beginning with the day on which a copy of the draft is laid before the Assembly, the Assembly so resolves, no further proceedings shall be taken in relation to the draft but without prejudice to the laying before the Assembly of a new draft.”.’
Minister of the Environment
Amendment 2
New Clause
After clause 16 insert -
‘Litter offence: code of practice
16A. -(1) Article 9 of the Litter (Northern Ireland) Order 1994 (NI 10) shall be amended as follows.
(2) In paragraph (1) after the word “by” insert “Article 6 or”.
(3) In paragraph (3) after the word “by” insert “Article 6 or”.’
Chair, Committee for the Environment
Amendment 3
Clause 26 , Page 28, Line 8
Leave out ‘obliteration’ and insert ‘defacement’
Minister of the Environment
Amendment 4
Clause 26 , Page 28, Line 20
At end insert -
‘(12) In Article 87(11) of the Roads ( Northern Ireland) Order 1993 at the end add “and to an authorised officer of a district council (within the meaning of section 26 of the Clean Neighbourhoods and Environment Act ( Northern Ireland) 2011) acting in connection with an offence under paragraph (1).”.’
Minister of the Environment
Amendment 5
Clause 31 , Page 29, Line 27
Leave out ‘flyer’ and insert ‘placard’
Minister of the Environment
Amendment 6
New Clause
After clause 35 insert -
‘Removal or obliteration of graffiti, placards and posters
35A. For Article 18 of the Local Government (Miscellaneous Provisions) ( Northern Ireland) Order 1985 (NI 15) (removal of graffiti and fly posters) substitute -
“Removal or obliteration of graffiti, placards and posters
18. - (1) Subject to the following provisions of this Article, a district council may remove or obliterate -
(a) any graffiti which, in the opinion of the council, is detrimental to the amenity of any land in its district;
(b) any placard or poster which is displayed in its district and which, in the opinion of the council, is so displayed in contravention of regulations under Article 67 of the Planning ( Northern Ireland) Order 1991.
(2) Where any graffiti, placard or poster to which sub-paragraph (a) or (b) of paragraph (1) applies identifies the person who displayed it or caused it to be displayed, a district council may give that person notice in writing -
(a) that the council is of the opinion mentioned in that sub-paragraph in respect of the graffiti, placard or poster specified in the notice;
(b) requiring that graffiti, placard or poster to be removed or obliterated within the period of 2 days beginning with the date of service of the notice; and
(c) stating the effect of paragraph (3).
(3) Where —
(a) a district council serves a notice on a person under paragraph (2) in relation to any graffiti, placard or poster, and
(b) the person fails to remove or obliterate it within the period mentioned in that paragraph,
the council may recover summarily as a civil debt from that person the expenses it may reasonably incur in exercising its power under paragraph (1).
(4) Where -
(a) any graffiti, placard or poster to which paragraph (1)(a) or (b) applies does not identify the person who displayed it or caused it to be displayed, but
(b) the graffiti, placard or poster publicises the goods, services or concerns of an identifiable person,
paragraphs (2) and (3) have effect as if the reference in paragraph (2) to the person who displayed the graffiti, placard or poster or caused it to be displayed were a reference to the person whose goods, services or concerns are publicised .
(5) For the purpose of exercising any power under paragraph (1) a person authorised in writing by the council for the purposes of this Article may at any reasonable time enter any land if -
(a) the land is unoccupied, and
(b) it would be impossible to exercise the power without entering the land.
(6) Where any damage is caused to land or chattels in the exercise of any power under paragraph (1), compensation may be recovered from the district council exercising the power by any person suffering the damage (other than the person who displayed the graffiti, placard or poster or caused it to be displayed).
(7) Any question of disputed compensation shall be referred to and determined by the Lands Tribunal.
(8) Nothing in this Article authorises the removal or obliteration of any graffiti, placard or poster displayed -
(a) w ithin a building to which there is no public right of access; or
(b) on land owned or occupied by a body established by or under a statutory provision.
(9) This Article and Article 19 are without prejudice to Article 67 of the Planning (Northern Ireland) Order 1991 (control of advertisements), and to Article 84 of that Order (enforcement of advertisement control), and to any regulations made under that Order by virtue of those Articles.”.’
Minister of the Environment
Amendment 7
Clause 36 , Page 32, Line 35
Leave out ‘16’ and insert ‘18’
Minister of the Environment
Amendment 8
Clause 36 , Page 33, Line 5
Leave out ‘16’ and insert ‘18’
Minister of the Environment
Amendment 9
Clause 37 , Page 33, Line 26
Leave out ‘as follows’ and insert ‘in accordance with subsections (2) and (3)’
Minister of the Environment
Amendment 10
Clause 37 , Page 33, Line 33
At end insert -
‘(3A) Article 87 of the Roads ( Northern Ireland) Order 1993 (NI 15) (control of advertisements, etc.) is amended in accordance with subsections (3B) and (3C).
(3B) In paragraph (9) for “that it was displayed without his knowledge or consent” substitute “either of the matters specified in paragraph (9A)”.
(3C) After that paragraph insert—
“(9A) The matters are that—
(a) the advertisement was displayed without his knowledge; or
(b) he took all reasonable steps to prevent the display or, after the advertisement had been displayed, to secure its removal.”.’
Minister of the Environment
Amendment 11
New Clause
After clause 37 insert -
‘Supplementary
Power of district councils to obtain information
37A. - (1) Subject to subsection (2), a district council may serve on any person a notice requiring that person to supply to the council, within a period or at times specified in the notice and in a form so specified, any information so specified which the council reasonably considers that it needs for the purposes of any function conferred on the council by this Part.
(2) Regulations may restrict the information which may be required under subsection (1) and determine the form in which the information is to be so required.
(3) A person who -
(a) fails without reasonable excuse to comply with the requirements of a notice served under this section; or
(b) in supplying any information in compliance with such a notice, makes any statement which that person knows to be false in a material particular or recklessly makes any statement which is false in a material particular,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.’
Minister of the Environment
Amendment 12
New Clause
After clause 44 insert -
‘ Power of district councils to obtain information
44A. - (1) Subject to subsection (2), a district council may serve on any person a notice requiring that person to supply to the council, within a period or at times specified in the notice and in a form so specified, any information so specified which the council reasonably considers that it needs for the purposes of any function conferred on the council by this Part.
(2) Regulations may restrict the information which may be required under subsection (1) and determine the form in which the information is to be so required.
(3) A person who -
(a) fails without reasonable excuse to comply with the requirements of a notice served under this section; or
(b) in supplying any information in compliance with such a notice, makes any statement which that person knows to be false in a material particular or recklessly makes any statement which is false in a material particular,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.’
Minister of the Environment
Amendment 13
Clause 55 , Page 44, Line 41
At end insert -
‘(10) Subsection (9) does not apply so as to prevent an award of damages in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.’
Minister of the Environment
Amendment 14
Clause 58 , Page 47, Line 36
At end insert ‘and after “section” insert “8A(7) or”;
(b) after subsection (3) insert -
“(4) An order under section 8A(7) shall not be made unless a draft of the order has been laid before and approved by a resolution of the Assembly.”.’
Minister of the Environment
Amendment 15
Clause 60 , Page 50, Line 15
At end insert -
‘ “owner”, in relation to any premises consisting of land, means a person (other than a mortgagee not in possession) who, whether in that person’s own right or as agent or trustee for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if they were so let;’
Minister of the Environment
Amendment 16
Clause 60 , Page 51, Line 7
After ‘1981 (NI 4)’ insert ‘(except for “owner”)’
Minister of the Environment
Amendment 17
Clause 65 , Page 58
Leave out lines 4 to 8
Minister of the Environment
Amendment 18
Clause 72 , Page 63, Line 1
After ‘subsections’ insert ‘(2A),’
Minister of the Environment
Amendment 19
Clause 72 , Page 63, Line 2
At end insert -
‘(2A) An order under -
(a) section 4(9);
(b) section 27(5);
(c) section 42(6); or
(d) section 50(6),
shall not be made unless a draft of the order has been laid before and approved by a resolution of the Assembly.’
Minister of the Environment
Amendment 20
Schedule 3 , Page 71, Line 11
At end insert -
‘ The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)
. In Article 86 -
(a) in paragraph (1) at the beginning insert “Subject to paragraph (1A),”;
(b) after paragraph (1) insert -
“(1A) An order under Article 29A(9) shall not be made unless a draft of the order has been laid before and approved by a resolution of the Assembly.”.’
Minister of the Environment
Amendment 21
Schedule 3 , Page 71, Line 19
At end insert -
‘( ) In Article 7(5) for “paragraph (1)(b) to (f)” substitute “paragraph (1)(b) to (e)”.’
Minister of the Environment
Amendment 22
Schedule 3 , Page 71, Line 26
At end insert -
‘(6) In Article 25 -
(a) in paragraph (1) at the beginning insert “Subject to paragraph (1A),”;
(b) after paragraph (1) insert -
“(1A) An order under Article 18A(3) shall not be made unless a draft of the order has been laid before and approved by a resolution of the Assembly.”.’
Minister of the Environment
High Hedges Bill
Marshalled List of Amendments
Consideration Stage
Monday 21 February 2011
Amendments tabled up to 9.30am Thursday, 17 February 2011
The Bill will be considered in the following order-
Clauses and Long Title
Amendment 1
New Clause
After clause 2 insert -
‘Tall trees
2A. This Act applies to single evergreen or semi-evergreen trees as it does to high hedges.’
Chair, Committee for the Environment
Amendment 2
Clause 3 , Page 3, Line 27
Leave out subsection (7) and insert -
‘(7) Regulations made by the Department shall prescribe the maximum fee that can be charged by a council under subsection (1)(b).’
Chair, Committee for the Environment
Amendment 3
Clause 3 , Page 3, Line 29
Leave out from ‘may’ to the end of line 30 and insert -
‘shall be refunded where a remedial notice is issued under subsection (4) or section 7(2)(c).’
Chair, Committee for the Environment
Amendment 4
Clause 3 , Page 3, Line 30
At end insert -
‘(9) Where a council refunds a fee to a complainant under subsection (8), the council shall charge the fee determined under subsection (1)(b) to the owner of the neighbouring land.’
Chair, Committee for the Environment
Northern Ireland Assembly
Papers Presented to the Assembly from
16 to 21 February 2011
1. Acts of the Northern Ireland Assembly
Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011
Energy Act (Northern Ireland) 2011
Safeguarding Board Act (Northern Ireland) 2011
Construction Contracts (Amendment) Act (Northern Ireland) 2011
Allowances to Members of the Assembly (Repeal) Act (Northern Ireland) 2011
2. Bills of the Northern Ireland Assembly
Licensing and Registration of Clubs (Amendment) Bill (As Amended at Further Consideration Stage) Bill NIA Bill 19/09
3. Orders in Council
4. Publications Laid in the Northern Ireland Assembly Food from Britain Annual Report and Accounts 2009/2010 (DARD)
Assembly Contributory Pension Fund Accounts for the year ended 31 March 2008 (NIAO)
Assembly Contributory Pension Fund Accounts for the year ended 31 March 2009 (NIAO)
Assembly Contributory Pension Fund Accounts for the year ended 31 March 2010 (NIAO)
Members' Contributory Pension (Northern Ireland) Fund Accounts for the year ended 31 March 2009 (NIAO)
Members' Contributory Pension (Northern Ireland) Fund Accounts for the year ended 31 March 2010 (NIAO)
The Disability Discrimination Code of Practice (Provision and Use of Transport Vehicles) (Equality Commission)
Draft Code of Practice for Submissions to DEL - Disciplinary and Grievance Procedures (Labour Relations Agency)
HSC Pension Scheme Resource Accounts for the year ended 31 March 2010 (DHSSPS)
5. Assembly Reports
6. Statutory Rules
(The Department identified after each rule is for reference purposes only)
S.R. 2011/36 Rates (Unoccupied Hereditaments) Regulations (Northern Ireland) 2011 (DFP)
S.R. 2011/37 The Bramblewood Grove, Banbridge (Footway) (Abandonment) Order (Northern Ireland) 2011 (DRD)
S.R. 2011/42 Rates (Completion Notices) (Financial Adjustments) Regulations (Northern Ireland) 2011 (DFP)
S.R. 2011/43 The Rate Relief (Amendment) Regulations (Northern Ireland) 2011 (DFP)
For Information Only: S.I. 2011/234 The CRC Energy Efficiency Scheme (Amendment) Order 2011 (DOE)
7. Written Ministerial Statements
Southern Health and Social Care Trust Issues (DHSSPS)
8. Consultation Documents
9. Departmental Publications Department of Finance and Personnel Memorandum on the Third Report from the Public Accounts Committee Session 2010-2011 - The Administration and Management of the Disability
Living Allowance Reconsideration and Appeal Process (DFP)
Uptake of Benefits by Pensioners - Report by the Comptroller and Auditor General (NIAO)
Revised Guidance on “Green Claims” in Marketing (DOE)
10. Agency Publications
11. Westminster Publications
12. Miscellaneous Publications
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