No. 44-10/11

Minute of Proceedings
Tuesday 08 March 2011
and
Wednesday 9 March 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 - Reviews into Freeze/Thaw Incident

The Deputy Speaker (Mr McClarty) took the Chair.

The Minister for Regional Development, Mr Conor Murphy, made a statement to the Assembly regarding the reviews into Northern Ireland Water and the Department for Regional Development following the Freeze/Thaw incident in December 2010, following which he replied to questions.

2.2 Motion - Legislative Consent Motion - Health and Social Care Bill

Proposed:

That this Assembly endorses the principle of the extension to Northern Ireland of the provisions of the Health and Social Care Bill dealing with the abolition of the Health Protection Agency; functions in relation to biological substances; radiation protection functions; revocation of the AIDS (Control) (Northern Ireland) Order 1987; co-operation with bodies exercising functions in relation to public health; the regulation of health and social care workers; arrangements between the National Health Service Commissioning Board and Northern Ireland Ministers; and relationships between the health services.

Minister of Health, Social Services and Public Safety

Debate ensued.

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

2.3 Further Consideration Stage - Civil Registration Bill (NIA Bill 20/07)

The Minister of Finance and Personnel, Mr Sammy Wilson, moved the Further Consideration Stage of the Civil Registration Bill (NIA Bill 20/07).

No amendments were tabled to the Bill.

Bill NIA 20/07 stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

2.4 Further Consideration Stage - Damages (Asbestos-related Conditions) Bill (NIA Bill 10/10)

The Minister of Finance and Personnel, Mr Sammy Wilson, moved the Further Consideration Stage of the Damages (Asbestos-related Conditions) Bill (NIA Bill 10/10).

No amendments were tabled to the Bill.

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

2.5 Consideration Stage - Planning Bill (NIA Bill 7/10)

A valid Petition of Concern was presented in relation to Amendments 20 and 102, tabled for the Consideration Stage of the Planning Bill (NIA Bill 7/10), under Standing Order 28, on Monday 7 March 2011 (Appendix 1).

The Minister of the Environment, Mr Edwin Poots, moved the Consideration Stage of the Planning Bill.

121 amendments were selected.

Debate ensued.

The debate was suspended at 12.38pm.

The debate resumed at 2.00pm, with the Speaker in the Chair.

3. Question Time

3.1 Health, Social Services and Public Safety

Questions were put to, and answered by, the Minister of Health, Social Services and Public Safety, Mr Michael McGimpsey.

3.2 Justice

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

4. Executive Committee Business (Cont’d)

4.1 Consideration Stage - Planning Bill (NIA Bill 7/10) (Cont’d)

Debate resumed on the Consideration Stage.

Clauses

After debate, Amendments 1, 2 and 3 to Clause 1 were made without division.

The question being put, it was agreed without division that Clause 1, as amended, stand part of the Bill.

After debate, Amendments 4 and 5 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, Amendment 6 to Clause 3 was made (Division 1).

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 Clause 4 stand part of the Bill.

After debate, Amendments 7 and 8 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.

After debate, Amendments 9 to 12 to Clause 6 were made without division.

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

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

After debate, Amendment 13 to Clause 8 was made without division.

The question being put, it was agreed without division that Clause 8, as amended, stand part of the Bill.

After debate, Amendment 14 to Clause 9 was made without division.

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

After debate, Amendment 15 to Clause 10 was 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 15 stand part of the Bill.

After debate, Amendment 16 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.

The question being put, it was agreed without division that Clauses 17 to 42 stand part of the Bill.

The Deputy Speaker (Mr Molloy) took the Chair.

After debate, Amendment 17 to Clause 43 was made without division.

The question being put, it was agreed without division that Clause 43, as amended, stand part of the Bill.

After debate, Amendment 18 to Clause 44 was made without division.

The question being put, it was agreed without division that Clause 44, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 45 to 48 stand part of the Bill.

The Speaker took the Chair.

After debate, Amendment 19 to Clause 49 was made without division.

The question being put, it was agreed without division that Clause 49, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 50 to 57 stand part of the Bill.

After debate, Amendment 20 to Clause 58 was not moved.

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

After debate, Amendment 21, inserting new Clause 58A after Clause 58, was made without division.

The question being put, it was agreed without division that Clauses 59 to 69 stand part of the Bill.

After debate, Amendment 22 to Clause 70 was made without division.

The question being put, it was agreed without division that Clause 70, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 71 to 74 stand part of the Bill.

After debate, Amendments 23 and 24 to Clause 75 were made without division.

The question being put, it was agreed without division that Clause 75, as amended, stand part of the Bill.

After debate, Amendment 25 to Clause 76 was made without division.

The question being put, it was agreed without division that Clause 76, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 77 stand part of the Bill.

After debate, Amendments 26 and 27 to Clause 78 were made without division.

The question being put, it was agreed without division that Clause 78, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 79 to 83 stand part of the Bill.

After debate, Amendment 28 to Clause 84 was made without division.

The question being put, it was agreed without division that Clause 84, as amended, stand part of the Bill.

After debate, Amendments 29 and 30 to Clause 85 were made without division.

The question being put, it was agreed without division that Clause 85, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 86 to 101 stand part of the Bill.

After debate, Amendments 31, 32 and 33 to Clause 102 were made without division.

The question being put, it was agreed without division that Clause 102, as amended, stand part of the Bill.

After debate, Amendment 34 to Clause 103 was not moved.

The question being put, it was agreed without division that Clause 103 stand part of the Bill.

After debate, Amendments 35 and 36 to Clause 104 were made without division.

The question being put, it was agreed without division that Clause 104, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 105 stand part of the Bill.

After debate, Amendment 37 to Clause 106 was made without division.

The question being put, it was agreed without division that Clause 106, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 107 to 112 stand part of the Bill.

After debate, Amendment 38 to Clause 113 was made without division.

The question being put, it was agreed without division that Clause 113, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 114 stand part of the Bill.

After debate, Amendment 39 to Clause 115 was made without division.

The question being put, it was agreed without division that Clause 115, as amended, stand part of the Bill.

After debate, Amendment 40 to Clause 116 was made without division.

The question being put, it was agreed without division that Clause 116, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 117 to 120 stand part of the Bill.

After debate, Amendment 41 to Clause 121 was not moved.

The question being put, it was agreed without division that Clause 121 stand part of the Bill.

The question being put, it was agreed without division that Clauses 122 to 124 stand part of the Bill.

After debate, Amendment 42 to Clause 125 was made without division.

The question being put, it was agreed without division that Clause 125, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 126 to 130 stand part of the Bill.

After debate, Amendments 43 to 46 to Clause 131 were made without division.

The question being put, it was agreed without division that Clause 131, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 132 stand part of the Bill.

After debate, Amendment 47 to Clause 133 was made without division.

The question being put, it was agreed without division that Clause 133, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 134 stand part of the Bill.

After debate, Amendment 48 to Clause 135 was made without division.

The question being put, it was agreed without division that Clause 135, as amended, stand part of the Bill.

After debate, Amendment 49 to Clause 136 was made without division.

The question being put, it was agreed without division that Clause 136, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 137 to 143 stand part of the Bill.

After debate, Amendment 50 to Clause 144 was made without division.

The question being put, it was agreed without division that Clause 144, as amended, stand part of the Bill.

After debate, Amendment 51 to Clause 145 was made without division.

The question being put, it was agreed without division that Clause 145, as amended, stand part of the Bill.

After debate, Amendment 52 to Clause 146 was made without division.

The question being put, it was agreed without division that Clause 146, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 147 stand part of the Bill.

After debate, Amendment 53 to Clause 148 was made without division.

The question being put, it was agreed without division that Clause 148, as amended, stand part of the Bill.

After debate, Amendments 54 and 55 to Clause 149 were made without division.

The question being put, it was agreed without division that Clause 149, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 150 to 159 stand part of the Bill.

After debate, Amendments 56 and 57 to Clause 160 were made without division.

The question being put, it was agreed without division that Clause 160, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 161 and 162 stand part of the Bill.

After debate, Amendment 58 to Clause 163 was made without division.

The question being put, it was agreed without division that Clause 163, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 164 to 166 stand part of the Bill.

After debate, Amendment 59 to Clause 167 was made without division.

The question being put, it was agreed without division that Clause 167, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 168 to 171 stand part of the Bill.

After debate, Amendment 60 to Clause 172 was made without division.

The question being put, it was agreed without division that Clause 172, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 173 stand part of the Bill.

After debate, Amendment 61 to Clause 174 was made without division.

The question being put, it was agreed without division that Clause 174, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 175 to 187 stand part of the Bill.

After debate, Amendment 62, inserting new Clause 187A after Clause 187, was made without division.

The question being put, it was agreed without division that Clauses 188 to 193 stand part of the Bill.

After debate, Amendment 63 to Clause 194 was made without division.

The question being put, it was agreed without division that Clause 194, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 195 and 196 stand part of the Bill.

After debate, Amendments 64 and 65 to Clause 197 were made without division.

The question being put, it was agreed without division that Clause 197, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 198 to 201 stand part of the Bill.

After debate, Amendments 66 to 70 to Clause 202 were made without division.

The question being put, it was agreed without division that Clause 202, as amended, stand part of the Bill.

After debate, Amendments 71 and 72, inserting new Clauses 202A and 202B after Clause 202, were made without division.

The question being put, it was agreed without division that Clauses 203 to 207 stand part of the Bill.

After debate, Amendments 73 and 74 to Clause 208 were made without division.

The question being put, it was agreed without division that Clause 208, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 209 to 214 stand part of the Bill.

After debate, Amendments 75 and 76 to Clause 215 were made without division.

The question being put, it was agreed without division that Clause 215, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 216 to 218 stand part of the Bill.

After debate, Amendment 77 to Clause 219 was made without division.

The question being put, it was agreed without division that Clause 219, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 220 stand part of the Bill.

After debate, Amendments 78 to 80 to Clause 221 were made without division.

The question being put, it was agreed without division that Clause 221, as amended, stand part of the Bill.

After debate, Amendments 81 to 84 to Clause 222 were made without division.

The question being put, it was agreed without division that Clause 222, as amended, stand part of the Bill.

After debate, Amendment 85 to Clause 223 was made without division.

The question being put, it was agreed without division that Clause 223, as amended, stand part of the Bill.

After debate, Amendment 86, inserting new Clause 223A before Clause 224, was made without division.

After debate, Amendments 87 and 88 to Clause 224 were made without division.

The question being put, it was agreed without division that Clause 224, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 225 stand part of the Bill.

After debate, Amendment 89 to Clause 226 was made without division.

The question being put, it was agreed without division that Clause 226, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 227 and 228 stand part of the Bill.

After debate, Amendments 90 to 94 to Clause 229 were made without division.

The question being put, it was agreed without division that Clause 229, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 230 stand part of the Bill.

After debate, Amendments 95 to 98 to Clause 231 were made without division.

The question being put, it was agreed without division that Clause 231, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 232 to 236 stand part of the Bill.

After debate, Amendment 99 to Clause 237 was made without division.

The question being put, it was agreed without division that Clause 237, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 238 stand part of the Bill.

After debate, Amendment 100 to Clause 239 was made without division.

The question being put, it was agreed without division that Clause 239, as amended, stand part of the Bill.

After debate, Amendment 101 to Clause 240 was made without division.

The question being put, it was agreed without division that Clause 240, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 241 stand part of the Bill.

As Amendment 20 was not moved, Amendment 102 to Clause 242 was not called.

The question being put, it was agreed without division that Clause 242stand part of the Bill.

After debate, Amendment 103 to Clause 243 was made without division.

The question being put, it was agreed without division that Clause 243, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 244to246 stand part of the Bill.

After debate, Amendment 104 to Clause 247 was made without division.

As Amendment 104 was made, Amendment 105 to Clause 247 was not called.

After debate, Amendment 106 to Clause 247 was made without division.

The question being put, it was agreed without division that Clause 247, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 248 stand part of the Bill.

Schedules

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

After debate, Amendments 107 and 108 to Schedule 2 were made without division.

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

After debate, Amendment 109 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.

After debate, Amendments 110 and 111 to Schedule 4 were made without division.

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

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

After debate, Amendments 112 to 115 to Schedule 6 were made without division.

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

After debate, Amendments 116 to 121 to Schedule 7 were made without division.

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

Long Title

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

Bill NIA 7/10 passed Consideration Stage and stood referred to the Speaker.

The Deputy Speaker (Mr Molloy) took the Chair.

5. Private Members’ Business

5.1 Consideration Stage - Single Use Plastic Bags Bill (NIA Bill 8/10)

Mr Daithí McKay moved the Consideration Stage of the Single Use Plastic Bags Bill.

3 Amendments were tabled to the Bill, plus notice of intention to oppose the question that Clauses 1 to 11 and Schedules 1 and 2 stand part of the Bill.

Clauses

After debate, it was agreed without division that Amendment 1 be made and that the new Clause A1 stand part of the Bill.

After debate, the question that Clauses 1 to 11 stand part of the Bill was negatived without division.

After debate, Amendment 2 to Clause 12 was made without division.

The question being put, it was agreed that Clause 12, as amended, stand part of the Bill.

Schedules

After debate, the question that Schedules 1 and 2 stand part of the Bill was negatived without division.

Long Title

After debate, Amendment 3 to the Long Title was made without division.

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

Bill (NIA 8/10) passed Consideration Stage and stood referred to the Speaker.

The sitting was suspended at 8.06pm.

The sitting resumed at 10.30am on Wednesday 9 March 2011, with the Speaker in the Chair.

6. Executive Committee Business (Cont’d)

6.1 Motion - Programme of Expenditure Proposals for 2011-2015

Proposed:

That this Assembly approves the programme of expenditure proposals for 2011-2015 as set out in the Budget laid before the Assembly on 7 March 2011.

Minister of Finance and Personnel

6.2 Amendment No. 1

Proposed:

Leave out all after the first ‘Assembly’ and insert:

‘calls on the Minister of Finance and Personnel to revise the programme of expenditure proposals for 2011-2015, as set out in the Budget laid before the Assembly on 7 March 2011, by allocating 38 per cent of the additional £432 million resources identified for key public services (as indicated in the Minister’s statement of 4 March 2011) to year 1 revenue for the Department of Health, Social Services and Public Safety; and further calls for the spending requirements of DHSSPS to be reviewed annually thereafter over the budget period and for the balance (62 per cent) of those additional resources to be allocated towards key public services by agreement of the new Executive.’

Mr D McNarry
Mr T Elliott

6.3 Amendment No. 2

Proposed:

Leave out all after the first ‘Assembly’ and insert:

‘notes that the Budget 2011-15 is not based on any up-to-date Programme for Government; recognises the need to provide a more transparent and detailed breakdown of expenditure proposals over the 4-year period as highlighted in the consultation process; calls on the Minister of Finance and Personnel to revise the programme of expenditure proposals for 2011-15 to include a strategy to raise additional revenue and capital resources, to abolish the Social Investment Fund and to reallocate the £80 million from that fund and any additional resources raised to provide for:

i. significant interventions to grow the private sector;

ii. public sector reform and new models of asset management to rebalance the economy;

iii. increased investment in job creation, particularly in construction, renewables, ICT, tourism and the agri-food sector;

iv. adequate funding to support frontline health services and to build more social houses;

v. an adequate 4-year allocation for the Social Protection Fund to protect vulnerable people from the impact of welfare cuts;

vi. greater support for the school building and maintenance programmes;

vii. a guarantee that any public sector redundancies will not be compulsory; and

viii. support for universities so that student fee increases become unnecessary.’

Mr D O’Loan
Ms M Ritchie

Debate ensued.

The Deputy Speaker (Mr Dallat) took the Chair.

The sitting was suspended at 1.05pm.

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

6.4 Royal Assent

The Deputy Speaker informed Members that Royal Assent had been signified on 8 March 2011 to the Dogs (Amendment) Act (Northern Ireland) 2011.

6.5 Motion - Programme of Expenditure Proposals for 2011-2015 (Cont’d)

Debate resumed on the Motion.

The Speaker took the Chair.

The Deputy Speaker (Mr Molloy) took the Chair.

The Deputy Speaker (Mr McClarty) took the Chair.

Amendment No. 1 being put, the Amendment fell (Division 2).

Amendment No. 2 being put, the Amendment fell (Division 3).

The Question being put, the Motion was carried on a cross-community basis (Division 4).

7. Private Members’ Business

7.1 Final Stage - Local Government (Disqualification) Bill (NIA Bill 7/09)

A valid Petition of Concern was presented in relation to the Final Stage under Standing Order 28, on Tuesday 8 March 2011. The vote was therefore taken on a cross-community basis (Appendix 2).

Ms Dawn Purvis moved that the Final Stage of the Local Government (Disqualification) Bill (NIA Bill 7/09) do now pass.

NIA Bill 7/09 did not pass Final Stage. The Bill fell (Division 5).

8. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 10.17pm.

Mr William Hay
The Speaker

9 March 2011

Northern Ireland Assembly

8 March 2011
Divisions

Division No. 1

Consideration Stage: Planning Bill (NIA Bill 7/10) - Amendment 6

Proposed:

Clause 3, Page 2, Line 27

At end insert -

‘( ) the potential impact of climate change;’

Chairperson, Committee for the Environment

The Question was put and the Assembly divided.

Ayes: 58
Noes: 33

Ayes

Ms M Anderson, Mr Attwood, Mr Beggs, Mr Boylan, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Brady, Mr Burns, Mr Butler, Mr Callaghan, Mr W Clarke, Mr Cobain, Rev Dr Robert Coulter, Mr Cree, Mr Dallat, Mr Doherty, Mr Elliott, Lord Empey, Dr Farry, Mr Ford, Mr Gallagher, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mrs McGill, Mr McGlone, Mr M McGuinness, Mr McKay, Mr McLaughlin, Mr McNarry, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mr O’Loan, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane, Mr Savage, Mr Sheehan, Mr B Wilson.

Tellers for the Ayes: Mr W Clarke and Mr F McCann.

Noes

Mr S Anderson, Mr Armstrong, Lord Bannside, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Craig, Mr Easton, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Mr McFarland, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr K Robinson, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Weir.

Tellers for the Noes: Mr Buchanan and Mr T Clarke.

The Amendment was made.

Northern Ireland Assembly

9 March 2011
Divisions

Division No. 2

Programme of Expenditure Proposals for 2011-2015 - Amendment 1

Proposed:

Leave out all after the first ‘Assembly’ and insert:

‘calls on the Minister of Finance and Personnel to revise the programme of expenditure proposals for 2011-2015, as set out in the Budget laid before the Assembly on 7 March 2011, by allocating 38 per cent of the additional £432 million resources identified for key public services (as indicated in the Minister’s statement of 4 March 2011) to year 1 revenue for the Department of Health, Social Services and Public Safety; and further calls for the spending requirements of DHSSPS to be reviewed annually thereafter over the budget period and for the balance (62 per cent) of those additional resources to be allocated towards key public services by agreement of the new Executive.’

Mr D McNarry
Mr T Elliott

The Question was put and the Assembly divided.

Ayes: 32
Noes: 67

Ayes

Mr Armstrong, Mr Beggs, Mr D Bradley, Mrs M Bradley, Mr PJ Bradley, Mr Burns, Mr Callaghan, Mr Cobain, Rev Dr Robert Coulter, Mr Cree, Mr Elliott, Lord Empey, Mr Gallagher, Mr Gardiner, Mrs D Kelly, Mr Kennedy, Mr Kinahan, Mr A Maginness, Mr McCallister, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McGimpsey, Mr McGlone, Mr McNarry, Mr O’Loan, Ms Purvis, Mr P Ramsey, Ms Ritchie, Mr K Robinson, Mr Savage, Mr B Wilson.

Tellers for the Ayes: Mr McCallister and Mr B McCrea.

Noes

Ms M Anderson, Mr S Anderson, Lord Bannside, Mr Bell, Mr Boylan, Mr Brady, Mr Bresland, Lord Browne, Mr Buchanan, Mr Butler, Mr Campbell, Mr T Clarke, Mr W Clarke, Mr Craig, Mr Doherty, Mr Easton, Dr Farry, Mr Ford, Mr Frew, Mr Gibson, Ms Gildernew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Mr McCausland, Mr I McCrea, Mr McElduff, Mr McFarland, Mrs McGill, Mr M McGuinness, Miss McIlveen, Mr McKay, Mr McLaughlin, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Murphy, Mr Neeson, Mr Newton, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr Poots, Ms S Ramsey, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr S Wilson.

Tellers for the Noes: Mr McLaughlin and Mr Spratt.

The Amendment fell.

Northern Ireland Assembly

9 March 2011
Divisions

Division No. 3

Programme of Expenditure Proposals for 2011-2015 - Amendment 2

Proposed:

Leave out all after the first ‘Assembly’ and insert:

‘notes that the Budget 2011-15 is not based on any up-to-date Programme for Government; recognises the need to provide a more transparent and detailed breakdown of expenditure proposals over the 4-year period as highlighted in the consultation process; calls on the Minister of Finance and Personnel to revise the programme of expenditure proposals for 2011-15 to include a strategy to raise additional revenue and capital resources, to abolish the Social Investment Fund and to reallocate the £80 million from that fund and any additional resources raised to provide for:

i. significant interventions to grow the private sector;

ii. public sector reform and new models of asset management to rebalance the economy;

iii. increased investment in job creation, particularly in construction, renewables, ICT, tourism and the agri-food sector;

iv. adequate funding to support frontline health services and to build more social houses;

v. an adequate 4-year allocation for the Social Protection Fund to protect vulnerable people from the impact of welfare cuts;

vi. greater support for the school building and maintenance programmes;

vii. a guarantee that any public sector redundancies will not be compulsory; and

viii. support for universities so that student fee increases become unnecessary.’

Mr D O’Loan
Ms M Ritchie

The Question was put and the Assembly divided.

Ayes: 31
Noes: 67

Ayes

Mr Armstrong, Mr Beggs, Mr D Bradley, Mrs M Bradley, Mr PJ Bradley, Mr Burns, Mr Callaghan, Mr Cobain, Rev Dr Robert Coulter, Mr Cree, Mr Elliott, Lord Empey, Mr Gallagher, Mr Gardiner, Mrs D Kelly, Mr Kennedy, Mr Kinahan, Mr A Maginness, Mr McCallister, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McGimpsey, Mr McGlone, Mr McNarry, Mr O’Loan, Ms Purvis, Mr P Ramsey, Ms Ritchie, Mr K Robinson, Mr Savage.

Tellers for the Ayes: Mr Callaghan and Mr McDevitt.

Noes

Ms M Anderson, Mr S Anderson, Lord Bannside, Mr Bell, Mr Boylan, Mr Brady, Mr Bresland, Lord Browne, Mr Buchanan, Mr Butler, Mr Campbell, Mr T Clarke, Mr W Clarke, Mr Craig, Mr Doherty, Mr Easton, Dr Farry, Mr Ford, Mr Frew, Mr Gibson, Ms Gildernew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Mr McCausland, Mr I McCrea, Mr McElduff, Mr McFarland, Mrs McGill, Mr M McGuinness, Miss McIlveen, Mr McKay, Mr McLaughlin, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Murphy, Mr Neeson, Mr Newton, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr Poots, Ms S Ramsey, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr S Wilson.

Tellers for the Noes: Mr McLaughlin and Mr Spratt.

The Amendment fell.

Northern Ireland Assembly

9 March 2011
Divisions

Division No. 4

Programme of Expenditure Proposals for 2011-2015 - Motion

Proposed:

That this Assembly approves the programme of expenditure proposals for 2011-2015 as set out in the Budget laid before the Assembly on 7 March 2011.

Minister of Finance and Personnel

The Question was put and the Assembly divided.

Ayes: 67
Noes: 31

Ayes

Nationalist

Ms M Anderson, Mr Boylan, Mr Brady, Mr Butler, Mr W Clarke, Mr Doherty, Ms Gildernew, Mr G Kelly, Mr A Maskey, Mr P Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Mr McElduff, Mrs McGill, Mr M McGuinness, Mr McKay, Mr McLaughlin, Mr Murphy, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Unionist

Mr S Anderson, Lord Bannside, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Craig, Mr Easton, Mr Frew, Mr Gibson, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Mr McFarland, 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 Wells, Mr S Wilson.

Other

Dr Farry, Mr Ford, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCarthy, Mr Neeson.

Tellers for the Ayes: Mr McLaughlin and Mr Spratt.

Noes

Nationalist

Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Burns, Mr Callaghan, Mr Gallagher, Mrs D Kelly, Mr A Maginness, Mr McDevitt, Dr McDonnell, Mr McGlone, Mr O’Loan, Mr P Ramsey, Ms Ritchie.

Unionist

Mr Armstrong, Mr Beggs, Mr Cobain, Rev Dr Robert Coulter, Mr Cree, Mr Elliott, Lord Empey, Mr Gardiner, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr B McCrea, Mr McGimpsey, Mr McNarry, Ms Purvis, Mr K Robinson, Mr Savage.

Tellers for the Noes: Mr P J Bradley and Mr Kinahan.

Total votes        98 Total Ayes            67 [ 68.4 % ]

Nationalist Votes          39         Nationalist Ayes 25 [64.1 % ]

Unionist Votes 52 Unionist Ayes       35 [67.3 % ]

Other Votes         7 Other Ayes            7 [100.0 % ]

The Motion was carried (cross-community vote).

Northern Ireland Assembly

9 March 2011
Divisions

Division No. 5

Final Stage - Local Government (Disqualification) Bill (NIA Bill 7/09)

Ms Dawn Purvis

The Question was put and the Assembly divided.

Ayes: 17
Noes: 32

Ayes

Nationalist

Mr PJ Bradley, Mr Dallat, Mrs D Kelly, Mr G Kelly, Mr A Maskey, Mr P Maskey, Mr F McCann, Mr McGlone, Ms Ní Chuilín, Ms S Ramsey.

Unionist

Mr Beggs, Lord Empey, Mr Gardiner, Mr Kennedy, Mr Kinahan, Mr McFarland, Ms Purvis.

Tellers for the Ayes: Mrs D Kelly and Mr McFarland.

Noes

Unionist

Mr S Anderson, Mr Bell, Mr Bresland, Lord Browne, Mr Buchanan, Mr T Clarke, Mr Craig, Mr Easton, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr I McCrea, Miss McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr S Wilson.

Other

Dr Farry, Mr Ford, Ms Lo.

Tellers for the Noes: Mr Ross and Mr Weir.

Total votes        49 Total Ayes            17 [ 34.7 % ]

Nationalist Votes          10         Nationalist Ayes 10 [100.0 % ]

Unionist Votes 36 Unionist Ayes       7 [19.4 % ]

Other Votes         3 Other Ayes            0 [0.0 % ]

The vote on the Final Stage 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 Monday 7 March 2011, in relation to Amendments 20 and 102 tabled for the Consideration Stage of the Planning Bill (NIA Bill 7/10).

MR SYDNEY ANDERSON
MR JONATHAN BELL
MR ALLAN BRESLAND
THE LORD BROWNE
MR THOMAS BUCHANAN
MR GREGORY CAMPBELL
MR TREVOR CLARKE
MR JONATHAN CRAIG
MR ALEX EASTON
MRS ARLENE FOSTER
MR PAUL FREW
MR SIMPSON GIBSON
MR PAUL GIRVAN
MR PAUL GIVAN
MR SIMON HAMILTON
MR DAVID HILDITCH
MR WILLIAM HUMPHREY
MR WILLIAM IRWIN
MR NELSON MCCAUSLAND
MR IAN MCCREA
MISS MICHELLE MCILVEEN
MR ADRIAN MCQUILLAN
THE LORD MORROW
MR STEPHEN MOUTRAY
MR ROBIN NEWTON
MR GEORGE ROBINSON
RT HON PETER ROBINSON
MR ALASTAIR ROSS
MR JIMMY SPRATT
MR MERVYN STOREY
MR PETER WEIR
MR JIM WELLS
MR SAMMY WILSON

Appendix 2

Northern Ireland Assembly

The following Members presented a petition of concern, in accordance with Standing Order 28, on Tuesday 8 March 2011, in relation to the Final Stage of the Local Government (Disqualification) Bill (NIA Bill 7/09)

MR SYDNEY ANDERSON
THE LORD BANNSIDE
MR JONATHAN BELL
MR ALLAN BRESLAND
THE LORD BROWNE
MR THOMAS BUCHANAN
MR GREGORY CAMPBELL
MR TREVOR CLARKE
MR JONATHAN CRAIG
MR ALEX EASTON
MRS ARLENE FOSTER
MR PAUL FREW
MR SIMPSON GIBSON
MR PAUL GIRVAN
MR PAUL GIVAN
MR SIMON HAMILTON
MR DAVID HILDITCH
MR WILLIAM HUMPHREY
MR WILLIAM IRWIN
MR NELSON MCCAUSLAND
MR IAN MCCREA
MISS MICHELLE MCILVEEN
MR ADRIAN MCQUILLAN
THE LORD MORROW
MR STEPHEN MOUTRAY
MR ROBIN NEWTON
MR EDWIN POOTS
MR GEORGE ROBINSON
RT HON PETER ROBINSON
MR ALASTAIR ROSS
MR JIMMY SPRATT
MR MERVYN STOREY
MR PETER WEIR
MR JIM WELLS
MR SAMMY WILSON

Planning Bill
Marshalled List of Amendments
Consideration Stage
Tuesday 8 March 2011
and
Wednesday 9 March 2011

Amendments tabled up to 9.30am Thursday, 3 March 2011

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1

Clause 1 , Page 1, Line 11

Leave out ‘contributing to the achievement of’ and insert ‘furthering’

Chair, Committee for the Environment

Amendment 2

Clause 1 , Page 1, Line 11

After ‘development’ insert -

‘and promoting or improving well-being’

Chair, Committee for the Environment

Amendment 3

Clause 1 , Page 1, Line 12

Leave out ‘have regard to’ and insert ‘take account of’

Minister of the Environment

Amendment 4

Clause 2 , Page 2, Line 7

After ‘prepare’ insert ‘and publish’

Minister of the Environment

Amendment 5

Clause 2 , Page 2, Line 11

At end insert -

‘(3) The Department must prepare and publish a statement of community involvement within the period of one year from the day appointed for the coming into operation of this section.’

Minister of the Environment

Amendment 6

Clause 3 , Page 2, Line 27

At end insert -

‘( ) the potential impact of climate change;’

Chair, Committee for the Environment

Amendment 7

Clause 5 , Page 3, Line 25

Leave out ‘contributing to the achievement of’ and insert ‘furthering’

Chair, Committee for the Environment

Amendment 8

Clause 5 , Page 3, Line 27

Leave out ‘have regard to’ and insert ‘take account of’

Minister of the Environment

Amendment 9

Clause 6 , Page 3, Line 36

After ‘Act’ insert ‘and in any other statutory provision relating to planning’

Minister of the Environment

Amendment 10

Clause 6 , Page 3, Line 37

Leave out ‘local’

Minister of the Environment

Amendment 11

Clause 6 , Page 3, Line 37

Leave out ‘other’

Minister of the Environment

Amendment 12

Clause 6 , Page 4, Line 5

Leave out ‘the local development’ and insert ‘that’

Minister of the Environment

Amendment 13

Clause 8 , Page 5, Line 11

At end insert -

‘(7) A plan strategy is a plan strategy only if it is

(a) adopted by resolution of the council; or

(b) approved by the Department in accordance with section 16(6).’

Minister of the Environment

Amendment 14

Clause 9 , Page 5, Line 36

At end insert -

‘(8) A local policies plan is a local policies plan only if it is

(a) adopted by resolution of the council; or

(b) approved by the Department in accordance with section 16(6).’

Minister of the Environment

Amendment 15

Clause 10 , Page 6, Line 10

At end insert -

‘(4A) The Department must not appoint a person under subsection (4)(b) unless, having regard to the timetable prepared by the council under section 7(1), the Department considers it expedient to do so.’

Minister of the Environment

Amendment 16

Clause 16 , Page 8, Line 5

Leave out ‘(5)’ and insert ‘(4A)’

Minister of the Environment

Amendment 17

Clause 43 , Page 26, Line 2

Leave out paragraphs (a) and (b) and insert ‘within the period of 5 years from the date on which the development to which it relates was begun,’

Minister of the Environment

Amendment 18

Clause 44 , Page 27, Line 16

Leave out from ‘4’ to ‘be,’ and insert ‘5 years’

Minister of the Environment

Amendment 19

Clause 49 , Page 30, Line 29

After ‘land’ insert ‘made to it in accordance with section 26(5)’

Minister of the Environment

Amendment 20

Clause 58 , Page 35, Line 33

At end insert -

‘(1A) The Department shall by regulations provide for an appeal under subsection (1) to be made by a person other than the applicant.’

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

Amendment 21

New Clause

After clause 58 insert -

‘Matters which may be raised in an appeal under section 58

58A. (1) In an appeal under section 58, a party to the proceedings is not to raise any matter which was not before the council or, as the case may be, the Department at the time the decision appealed against was made unless that party can demonstrate to the satisfaction of the planning appeals commission

(a) that the matter could not have been raised before that time, or

(b) that its not being raised before that time was a consequence of exceptional circumstances.

(2) Nothing in subsection (1) affects any requirement or entitlement to have regard to

(a) the provisions of the local development plan, or

(b) any other material consideration.’

Minister of the Environment

Amendment 22

Clause 70 , Page 42, Line 32

Leave out paragraph (b)

Minister of the Environment

Amendment 23

Clause 75 , Page 46, Line 10

Leave out from ‘council’ to the end of line 11 and insert ‘appropriate council’

Minister of the Environment

Amendment 24

Clause 75 , Page 47, Line 15

Leave out paragraph (b) and insert -

‘(15) In this section, and in sections 76 and 77, “relevant authority”, in relation to a planning agreement proposed to be made in connection with an application for planning permission, means

(a) where the application has been made to a council, and the council has an estate in the land to which the proposed agreement relates, the Department;

(b) where the application has been made to the Department, the Department;

(c) in any other case, the council in whose district the land to which the application relates is situated.’

Minister of the Environment

Amendment 25

Clause 76 , Page 47, Line 29

Leave out from ‘council’ to the end of line 30 and insert ‘appropriate council’

Minister of the Environment

Amendment 26

Clause 78 , Page 49, Line 16

At end insert -

‘(c) Part 5.’

Minister of the Environment

Amendment 27

Clause 78 , Page 49, Line 40

Leave out from ‘(except’ to ‘107)’ in line 41

Minister of the Environment

Amendment 28

Clause 84 , Page 53, Line 37

Leave out ‘£30,000’ and insert ‘£100,000’

Chair, Committee for the Environment

Amendment 29

Clause 85 , Page 54, Line 28

Leave out ‘directions’ and insert ‘the regulations or by any direction’

Minister of the Environment

Amendment 30

Clause 85 , Page 54, Line 41

After ‘councils’ insert ‘or the Department’

Minister of the Environment

Amendment 31

Clause 102 , Page 64, Line 3

Leave out ‘3’ and insert ‘5’

Minister of the Environment

Amendment 32

Clause 102 , Page 64, Line 3

After ‘scale’ insert -

‘or on conviction on indictment, to a fine’

Chair, Committee for the Environment

Amendment 33

Clause 102 , Page 64, Line 11

Leave out ‘3’ and insert ‘5’

Minister of the Environment

Amendment 34

Clause 103 , Page 65, Line 13

At end insert -

‘(13) An area may be designated under this section notwithstanding the absence of any building or development on the land in question.’

Dr Stephen Farry
Mr Christopher Lyttle
Mr Kieran McCarthy

Amendment 35

Clause 104 , Page 65, Line 38

Leave out from ‘consent’ to ‘made’ in line 39 and insert ‘conservation area consent made’

Minister of the Environment

Amendment 36

Clause 104 , Page 65, Line 40

After ‘any’ insert ‘conservation area’

Minister of the Environment

Amendment 37

Clause 106 , Page 67, Line 2

Leave out ‘Act’ and insert ‘Chapter’

Minister of the Environment

Amendment 38

Clause 113 , Page 72, Line 28

Leave out from ‘, 109’ to ‘(4)’ and insert ‘and 109’

Minister of the Environment

Amendment 39

Clause 115 , Page 74, Line 20

At end insert -

‘(3A) Subsections (2) and (3) do not apply if the control of land changes from one emanation of the Crown to another.’

Minister of the Environment

Amendment 40

Clause 116 , Page 75, Line 31

Leave out ‘£30,000’ and insert ‘£100,000’

Chair, Committee for the Environment

Amendment 41

Clause 121 , Page 79, Line 8

Leave out ‘are dying or dead or’

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

Amendment 42

Clause 125 , Page 80, Line 26

Leave out ‘£30,000’ and insert ‘£100,000’

Chair, Committee for the Environment

Amendment 43

Clause 131 , Page 83, Line 23

Leave out ‘4’ and insert ‘5’

Minister of the Environment

Amendment 44

Clause 131 , Page 83, Line 27

Leave out ‘4’ and insert ‘5’

Minister of the Environment

Amendment 45

Clause 131 , Page 83, Line 30

Leave out ‘10’ and insert ‘5’

Minister of the Environment

Amendment 46

Clause 131 , Page 83, Line 37

Leave out ‘4’ and insert ‘5’

Minister of the Environment

Amendment 47

Clause 133 , Page 85, Line 21

Leave out ‘3’ and insert ‘5’

Minister of the Environment

Amendment 48

Clause 135 , Page 86, Line 28

Leave out ‘4’ and insert ‘5’

Minister of the Environment

Amendment 49

Clause 136 , Page 87, Line 18

Leave out ‘£30,000’ and insert ‘£100,000’

Chair, Committee for the Environment

Amendment 50

Clause 144 , Page 92, Line 38

Leave out ‘Department’ and insert ‘council’

Minister of the Environment

Amendment 51

Clause 145 , Page 93, Line 42

Leave out ‘carrying into effect this Part’ and insert ‘taking steps under subsection (1)’

Minister of the Environment

Amendment 52

Clause 146 , Page 95, Line 15

Leave out ‘£30,000’ and insert ‘£100,000’

Chair, Committee for the Environment

Amendment 53

Clause 148 , Page 96, Line 27

Leave out from ‘level’ to ‘scale’ and insert ‘£7,500’

Minister of the Environment

Amendment 54

Clause 149 , Page 97, Line 13

Leave out ‘4’ and insert ‘5’

Minister of the Environment

Amendment 55

Clause 149 , Page 98, Line 6

Leave out ‘£30,000’ and insert ‘£100,000’

Chair, Committee for the Environment

Amendment 56

Clause 160 , Page 106, Line 15

Leave out ‘a listed building’ and insert -

‘(a) a listed building, or

(b) a building in respect of which a direction has been given by the Department that this section shall apply’

Minister of the Environment

Amendment 57

Clause 160 , Page 107, Line 3

After ‘council’ insert ‘or, as the case may be, the Department’

Minister of the Environment

Amendment 58

Clause 163 , Page 109, Line 1

Leave out ‘4’ and insert ‘5’

Minister of the Environment

Amendment 59

Clause 167 , Page 112, Line 22

After ‘council’ insert ‘or, as the case may be, by the Department’

Minister of the Environment

Amendment 60

Clause 172 , Page 115, Line 26

Leave out from ‘within’ to the end of line 27 and insert ‘

(i) in the case described in paragraph (a), within the period of 4 months from the date on which the application is refused or is refused in part or such other period as may be prescribed;

(ii) in the case described in paragraph (b), within the period of 4 months from the end of the period referred to in that paragraph or such other period as may be prescribed.’

Minister of the Environment

Amendment 61

Clause 174 , Page 116, Line 36

Leave out from ‘that it’ to the end of line 37 and insert ‘either of the matters specified in subsection (4).

(4) The matters are that

(a) the advertisement was displayed without the person’s knowledge; or

(b) the person took all reasonable steps to prevent the display or, after the advertisement had been displayed, to secure its removal.’

Minister of the Environment

Amendment 62

New Clause

After clause 187 insert -

‘Compensation: decision taken by council or the Department where consultee fails to respond under section 224

187A. Where a consultee fails to respond to a council or departmental consultation in accordance with s ection 224(3) and that council or, as the case may be, the Department

(a) takes a decision under this Act to grant planning permission in the absence of such a response; and

(b) subsequently receives information which the council could reasonably expect to have been included in that response; and

(c) decides to revoke or modify planning permission under section 67, or make an order under section 72, due to the information referred to in paragraph (b); and

(d) compensation is payable by a council under section 26 of the Act of 1965 in connection with the decision under paragraph (c);

the sponsoring department (if any) shall pay to the council the amount of compensation payable.’

Chair, Committee for the Environment

Amendment 63

Clause 194 , Page 127, Line 30

At end insert ‘or

(c) the period referred to in section 191(2) has expired.’

Minister of the Environment

Amendment 64

Clause 197 , Page 129, Line 22

After ‘(1)’ insert ‘or (2)’

Minister of the Environment

Amendment 65

Clause 197 , Page 129, Line 25

After ‘(1)’ insert ‘or (2)’

Minister of the Environment

Amendment 66

Clause 202 , Page 132, Line 38

At end insert ‘, subject to any provision in rules made under subsection (5),’

Minister of the Environment

Amendment 67

Clause 202 , Page 133, Line 10

After ‘shall’ insert ‘, subject to any provision in rules made under subsection (5),’

Minister of the Environment

Amendment 68

Clause 202 , Page 133, Line 32

At end insert -

‘(7A) Rules made under subsection (5) shall be subject to negative resolution.’

Minister of the Environment

Amendment 69

Clause 202 , Page 133, Line 37

After the first ‘the’ insert ‘relevant’

Minister of the Environment

Amendment 70

Clause 202 , Page 133, Line 37

Leave out the second ‘the’ and insert ‘that’

Minister of the Environment

Amendment 71

New Clause

After clause 202 insert -

‘Power to award costs

202A. (1) The appeals commission may make an order as to the costs of the parties to an appeal under any of the provisions of this Act mentioned in subsection (2) and as to the parties by whom the costs are to be paid.

(2) The provisions are

(a) sections 58, 59, 95, 96, 114, 142, 158, 164 and 172;

(b) sections 95 and 96 (as applied by section 104(6));

(c) in Schedule 2, paragraph 6(11) and (12) and paragraph 11(1);

(d) in Schedule 3, paragraph 9.

(3) An order made under this section shall have effect as if it had been made by the High Court.

(4) Without prejudice to the generality of subsection (3), the Master (Taxing Office) shall have the same powers and duties in relation to an order made under this section as the Master has in relation to an order made by the High Court.

(5) Proceedings before the appeals commission shall, for the purposes of the Litigants in Person (Costs and Expenses) Act 1975 (c. 47), be regarded as proceedings to which section 1(1) of that Act applies.’

Minister of the Environment

Amendment 72

New Clause

After clause 202 insert -

‘Orders as to costs: supplementary

202B. (1) This section applies where

(a) for the purpose of any proceedings under this Act

(i) the appeals commission is required, before a decision is reached, to give any person an opportunity, or ask any person whether that person wishes, to appear before and be heard by it; and

(ii) arrangements are made for a hearing to be held;

(b) the hearing does not take place; and

(c) if it had taken place, the appeals commission would have had power to make an order under section 202A requiring any party to pay any costs of any other party.

(2) Where this section applies the power to make such an order may be exercised, in relation to costs incurred for the purposes of the hearing, as if the hearing had taken place.’

Minister of the Environment

Amendment 73

Clause 208 , Page 137

Leave out line 1

Minister of the Environment

Amendment 74

Clause 208 , Page 137

Leave out lines 16 and 17

Minister of the Environment

Amendment 75

Clause 215 , Page 140, Line 2

After ‘it’ insert ‘ (a)’

Minister of the Environment

Amendment 76

Clause 215 , Page 140, Line 2

After ‘or’ insert ‘(b)’

Minister of the Environment

Amendment 77

Clause 219 , Page 142, Line 17

At end insert -

‘(7A) Without prejudice to the generality of subsection (7), regulations made under that subsection may provide for the payment of a charge or fee in respect of an application mentioned in paragraph (a) of that subsection to be a multiple of the charge or fee to be paid under regulations made under subsection (1) in relation to the determination by a council or the Department of an application for planning permission for development not begun before the application was made.’

Minister of the Environment

Amendment 78

Clause 221 , Page 142, Line 41

After ‘understanding’ insert ‘of planning policy proposals and’

Minister of the Environment

Amendment 79

Clause 221 , Page 142, Line 41

At end insert ‘other’

Minister of the Environment

Amendment 80

Clause 221 , Page 143, Line 8

Leave out from ‘, with’ to ‘Personnel,’ in line 9

Minister of the Environment

Amendment 81

Clause 222 , Page 143, Line 17

Leave out ‘(except section 26)’

Minister of the Environment

Amendment 82

Clause 222 , Page 143, Line 18

Leave out ‘(except sections 103 to 105 and 119)’

Minister of the Environment

Amendment 83

Clause 222 , Page 143, Line 19

Leave out ‘141,’

Minister of the Environment

Amendment 84

Clause 222 , Page 143, Line 20

At end insert -

‘(e) Part 7.’

Minister of the Environment

Amendment 85

Clause 223 , Page 143, Line 42

Leave out from ‘under’ to the end of line 3 on page 144 and insert ‘under Part 3, 4, 5 or 7.’

Minister of the Environment

Amendment 86

New Clause

Before clause 224 insert -

‘Review of Planning Act

223A. (1) The Department must

(a) not later than 3 years after the commencement of this Act, and

(b) at least once in every period of 5 years thereafter,

review and publish a report on the implementation of this Act.

(2) Regulations under this section shall set out the terms of the review.’

Mr Cathal Boylan
Mr Willie Clarke

Amendment 87

Clause 224 , Page 144, Line 30

Leave out ‘prescribe’ and insert ‘specify’

Minister of the Environment

Amendment 88

Clause 224 , Page 144, Line 31

Leave out ‘prescribe’ and insert ‘specify’

Minister of the Environment

Amendment 89

Clause 226 , Page 145, Line 27

At end insert -

‘(4) Rules made under subsection (3) shall be subject to negative resolution.’

Minister of the Environment

Amendment 90

Clause 229 , Page 147, Line 14

Leave out ‘Advocate General for Northern Ireland’ and insert ‘Attorney General’

Minister of the Environment

Amendment 91

Clause 229 , Page 147, Line 18

Leave out ‘Advocate General for Northern Ireland’ and insert ‘Attorney General’

Minister of the Environment

Amendment 92

Clause 229 , Page 147, Line 21

After ‘provision’ insert ‘ (a)’

Minister of the Environment

Amendment 93

Clause 229 , Page 147, Line 23

At end insert -

‘(b) as to the functions of a person appointed under subsection (1) or (2)’

Minister of the Environment

Amendment 94

Clause 229 , Page 147, Line 25

Leave out subsections (5) and (6)

Minister of the Environment

Amendment 95

Clause 231 , Page 149, Line 15

Leave out ‘, adoption or approval’ and insert ‘or adoption’

Minister of the Environment

Amendment 96

Clause 231 , Page 149, Line 35

Leave out ‘, adoption’

Minister of the Environment

Amendment 97

Clause 231 , Page 150, Line 15

After ‘Environment’ insert ‘or a council’

Minister of the Environment

Amendment 98

Clause 231 , Page 150, Line 20

Leave out from ‘section’ to the end of line 21 and insert ‘any of sections 180 to 186’

Minister of the Environment

Amendment 99

Clause 237 , Page 154, Line 32

At end insert -

‘( ) tree preservation orders;’

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

Amendment 100

Clause 239 , Page 155, Line 14

Leave out ‘125(1) or’

Minister of the Environment

Amendment 101

Clause 240 , Page 155, Line 21

At end insert -

‘(aa) planning agreements under section 75;’

Minister of the Environment

Amendment 102

Clause 242 , Page 156, Line 3

After ‘sections’ insert -

‘58(subsection to be inserted by Amendment 20)’

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

Amendment 103

Clause 243 , Page 158

Leave out lines 43 and 44

Minister of the Environment

Amendment 104

Clause 247 , Page 160, Line 16

At end insert -

‘( ) No order shall be made under subsection (1) in respect of Part 3 unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.’

Chair, Committee for the Environment

Amendment 105

Clause 247 , Page 160, Line 16

At end insert -

‘( ) No order shall be made under subsection (1) in respect of Part 2 or 3 unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.’

Mr Danny Kinahan

Amendment 106

Clause 247 , Page 160, Line 16

At end insert -

‘( ) Sections 84 and 125 come into operation on Royal Assent.’

Mr Danny Kinahan

Amendment 107

Schedule 2 , Page 164, Line 33

Leave out from ‘in’ to the end of line 34 and insert ‘within the period of 15 years ending on the date on which this Schedule comes into operation;’

Minister of the Environment

Amendment 108

Schedule 2 , Page 179, Line 17

Leave out ‘either sub-paragraph (2)’ and insert ‘sub-paragraph (2), (3)’

Minister of the Environment

Amendment 109

Schedule 3 , Page 185, Line 26

Leave out ‘council’ and insert ‘Department’

Minister of the Environment

Amendment 110

Schedule 4 , Page 189, Line 18

Leave out sub-paragraph (a) and insert -

‘(a) in subsection (1) for “a development plan for the area in which the land is situated” substitute “a local development plan”;’

Minister of the Environment

Amendment 111

Schedule 4 , Page 189, Line 26

Leave out from ‘24’ to the end of that line and insert ‘27(5), for the words from “with the substitution” to the end substitute “with the substitution ’

Minister of the Environment

Amendment 112

Schedule 6 , Page 195, Line 14

At end insert -

‘39A. In Article 15(1) for “Department of the Environment” substitute “council within whose district the land is situated”.

39B. In Article 15(4), for “Department”, where that word occurs for the second and third times, substitute “council”.

39C. In Article 15(4), (5), (7) and (8) and in Article 16, for “Department of the Environment” substitute “council”.

39D. In Article 17, for paragraph (2) substitute

“(2) Regulations under paragraph (1) may include provisions

(a) as to the manner in which notices of appeals are to be given and the time for giving any such notice; and

(b) requiring councils to furnish the Department of the Environment and such other persons (if any) as may be prescribed by the regulations, with such information as may be so prescribed with respect to applications under Article 15.” ’

Minister of the Environment

Amendment 113

Schedule 6 , Page 196, Line 35

After ‘125’ insert ‘, 125A’

Minister of the Environment

Amendment 114

Schedule 6 , Page 198, Line 20

At end insert -

‘59A. In Article 80(13), in the definition of “development order”, for “the Planning Order” substitute “the Planning Act (Northern Ireland) 2011”.’

Minister of the Environment

Amendment 115

Schedule 6 , Page 203, Line 21

At end insert -

‘The Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

101. In section 26

(a) in subsection (3) for “Article 84(2) of the Planning (Northern Ireland) Order 1991” substitute “section 174(2) of the Planning Act (Northern Ireland) 2011”;

(b) in subsection (10)

(i) in the definition of “advertisement” for “Article 2(2) of the Planning (Northern Ireland) Order 1991” substitute “section 243(1) of the Planning Act (Northern Ireland) 2011”;

(ii) in the definition of “relevant offence”, for the words from “Article 84(2)” to “that Order” substitute “section 174(2) of the Planning Act (Northern Ireland) 2011 (displaying advertisements in contravention of regulations made under section 129 of that Act”.

102. In section 31(1), for “Article 67 of the Planning (Northern Ireland) Order 1991” substitute “section 129 of the Planning Act (Northern Ireland) 2011”.

103. In section 38, omit subsections (1), (2) and (3).’

Minister of the Environment

Amendment 116

Schedule 7 , Page 203, Line 26

In the column on the right, at end insert -

‘In Schedule 6, paragraph 4(1).’

Minister of the Environment

Amendment 117

Schedule 7 , Page 203, Line 35

Leave out ‘113’ and insert ‘115’

Minister of the Environment

Amendment 118

Schedule 7 , Page 204, Line 6

After ‘Articles’ insert ‘123’

Minister of the Environment

Amendment 119

Schedule 7 , Page 204, Line 6

Leave out ‘, 127(2)’ and insert ‘to 129’

Minister of the Environment

Amendment 120

Schedule 7 , Page 204, Line 8

Leave out ‘and 3’ and insert ‘1A, 1B, 3 and 4’

Minister of the Environment

Amendment 121

Schedule 7 , Page 205, Line 6

At end insert -

Minister of the Environment

Single Use Plastic Bags Bill
Marshalled List of Amendments
Consideration Stage
Tuesday 8 March 2011
and
Wednesday 9 March 2011

Amendments tabled up to 9:30am Thursday, 3 March 2011

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1

New Clause

Before clause 1 insert -

‘Payment of charges for single use carrier bags to the Department of the Environment

A1. (1) In Part 1 of Schedule 6 to the Climate Change Act 2008 (powers to make regulations about charges for single use carrier bags), after paragraph 4 (amount of charge) there shall be inserted the following paragraph

“4A. (1) This paragraph applies to regulations made by the Department in relation to Northern Ireland.

(2) The regulations may require the seller to pay to the Department

(a) the gross proceeds of the charge, or

(b) the net proceeds of the charge.

(3) Paragraph 7(3)(c) does not apply to any amount required by regulations made under this paragraph to be paid to the Department.

(4) In this paragraph

“the Department” means the Department of the Environment in Northern Ireland;

“gross proceeds of the charge” means the amount received by the seller by way of charges for single use carrier bags;

“net proceeds of the charge” means the seller’s gross proceeds of the charge reduced by such amounts as may be specified.”.

(2) In section 77(4) of that Act (regulations subject to affirmative resolution procedure), after paragraph (a) there shall be inserted the following paragraph

“(aa) they are to be made by the Department of the Environment in Northern Ireland under paragraph 4A of the Schedule;”.’

Mr Daithí McKay

Clause 1

The Member listed below gives notice of his intention to oppose the question that clause 1 stand part of the Bill.

Mr Daithí McKay

Clause 2

The Member listed below gives notice of his intention to oppose the question that clause 2 stand part of the Bill.

Mr Daithí McKay

Clause 3

The Member listed below gives notice of his intention to oppose the question that clause 3 stand part of the Bill.

Mr Daithí McKay

Clause 4

The Member listed below gives notice of his intention to oppose the question that clause 4 stand part of the Bill.

Mr Daithí McKay

Clause 5

The Member listed below gives notice of his intention to oppose the question that clause 5 stand part of the Bill.

Mr Daithí McKay

Clause 6

The Member listed below gives notice of his intention to oppose the question that clause 6 stand part of the Bill.

Mr Daithí McKay

Clause 7

The Member listed below gives notice of his intention to oppose the question that clause 7 stand part of the Bill.

Mr Daithí McKay

Clause 8

The Member listed below gives notice of his intention to oppose the question that clause 8 stand part of the Bill.

Mr Daithí McKay

Clause 9

The Member listed below gives notice of his intention to oppose the question that clause 9 stand part of the Bill.

Mr Daithí McKay

Clause 10

The Member listed below gives notice of his intention to oppose the question that clause 10 stand part of the Bill.

Mr Daithí McKay

Clause 11

The Member listed below gives notice of his intention to oppose the question that clause 11 stand part of the Bill.

Mr Daithí McKay

Amendment 2

Clause 12 , Page 5, Line 31

Leave out ‘Plastic’ and insert ‘Carrier’

Mr Daithí McKay

Schedule 1

The Member listed below gives notice of his intention to oppose the question that Schedule 1 stand part of the Bill.

Mr Daithí McKay

Schedule 2

The Member listed below gives notice of his intention to oppose the question that Schedule 2 stand part of the Bill.

Mr Daithí McKay

Amendment 3

Long Title

Leave out from ‘Impose’ to ‘receipts’ and insert ‘Make provision for the payment of charges under Schedule 6 to the Climate Change Act 2008 for single use carrier bags to the Department of the Environment’

Mr Daithí McKay

Northern Ireland Assembly

Papers Presented to the Assembly from
8 to 9 March 2011

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

High Hedges Bill (As Amended at Further Consideration Stage) NIA Bill 15/09

Autism Bill (As Amended at Further Consideration Stage) NIA Bill 2/10

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

5. Assembly Reports

Report on the Legislative Consent Motion on the Energy Bill (NIA 56/10/11R) (Committee for Enterprise, Trade and Investment)

6. Statutory Rules

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

7. Written Ministerial Statements

Social Security Agency: Customer First Evaluation Decision and Commencement of Roll-out (DSD)

8. Consultation Documents

Consultation on a Draft Telecommunications Action Plan for Northern Ireland 2011-2015 (DETI)

Joint Consultation on the Introduction of Minimum Unit Pricing of Alcohol (DSD)

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 9 MARCH 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