The
Assembly met at 10.30 am (Mr Speaker in the Chair).
Members
observed two minutes' silence.
Equality
(Disability, etc) Bill: First Stage
The
Deputy First Minister (Mr Mallon):
I
beg to lay before the Assembly a Bill [NIA 4/2000]
to confer new powers on the Equality Commission for
Northern Ireland in respect of discrimination
by reason of disability; to provide for the
appointment of additional Commissioners of that
Commission; to amend the reporting period of that
Commission; to amend the transitional and saving
provisions of the Fair Employment and Treatment
(Northern Ireland) Order 1998; and for
connected purposes.
Bill
passed First Stage and ordered to be printed.
Rev
Dr Ian Paisley:
On
a point of order, Mr Speaker. Why was the
Assembly given no notice of this Bill? Are we not
entitled to be given notice?
Mr
Speaker:
No.
In many other places, notice is not given of the
First Reading of a Bill. The First Reading is purely
a technical device to publicise the order for the
Bill to be printed. When the Bill comes to its
subsequent stages, those will go down on the Order
Paper, but normally the First Reading does not. In
certain circumstances it cannot go down on the Order
Paper because the Speaker may decide to bring the
Bill forward early, and that decision can be taken
after the Order Paper has been published.
Rev
Dr Ian Paisley:
Further
to that point of order, Mr Speaker. In the House of Commons,
at times, the First Reading of a Bill does appear on
the Order Paper.
The
Business Committee was not informed about this
either. I understood that nothing could come before
this House without passing through that Committee.
Mr
Speaker:
I
do not know about the House of Commons, but
certainly in the House of Lords there is never any
notice of the First Reading of a Bill. In any case,
there are differences here about the question of
Bills coming forward, advice to the Speaker, the
Speaker's response, and so on.
There
was, in fact, discussion in the Business Committee
about Bills coming forward and the need for urgency
in moving forward with the business of the House. It
seems reasonable that this important Bill should
come forward as quickly as possible.
Ms
Morrice:
Further
to that point of order, Mr Speaker. This is, as
you say, an important Bill that you are asking the
House to accept. None of us know what it is about.
How can we possibly accept it in this way?
Mr
Speaker:
The
House has no option but to accept it. Under Standing
Orders, it is not open for debate. It is purely a
technical matter whereby the Bill is presented in
order to be printed. It is not possible for the
House to know exactly what is in the Bill until it
has been printed. That is the purpose of the
exercise. That is what the First Stage is about in
the other places that Dr Paisley and I have
referred to. It is not a matter for debate. The only
way it could be done differently would be if there
were a pre-legislative scrutiny stage, which, of
course, there is not.
The
Deputy First Minister:
There
has been wide consultation on this Bill. A
substantive Bill has been proposed at Westminster,
and the bodies representing the disabled in Northern Ireland
have made representations to it. The First Minister
and I have had discussions with the Equality
Commission and with other groups. It was their
request, and our desire, that this Bill be finalised
by May 2000 so that there should be no gap in
time between the completion of this Bill and the
completion of the Bill at Westminster. Such a gap
would have left Northern Ireland without any
legislation on this crucially important matter.
There has already been wide-ranging consultation.
Rev
Dr Ian Paisley:
Further
to that point of order, Mr Speaker. It should be
made clear that the House could vote against this. I
do not think any of us want to do that, but the
House is entitled to say that the Bill cannot be
printed.
Mr
Speaker:
In
fact there is no provision in Standing Orders for
the House to do that. This is not a Question in that
sense. There is no opportunity for this to be voted
on; it is simply a presentation to the House and an
order to be printed. That is the position under
Standing Orders. Of course, the House may change the
Standing Orders, and we would have to consider the
legality of that with regard to the Act, but at this
time the position is as I have stated.
The
Minister for Regional Development (Mr P Robinson):
Further
to that point of order, Mr Speaker. I do not
think that anyone in the Assembly is saying that the
First Minister and the Deputy First Minister should
not introduce such a Bill, that it should not flow
naturally from Great Britain legislation and
that it is not timely for it to be introduced at
this stage, but because the heading on the Order
Paper merely reads "Executive Committee
Business", Members have no way of knowing what
types of issues will be brought forward.
I
suspect that Mr Mallon knew before today that
he was going to introduce the Bill. Could the
introduction of various Bills be listed on the Order
Paper as a matter of courtesy and to keep Members
informed?
The
First Minister (Mr Trimble):
On
a point of order, Mr Speaker. Had Mr P Robinson
carried out his duty by attending the Executive
meetings, he would have known all about the matter.
The
Minister for Social Development (Mr Dodds):
Further
to that point of order, Mr Speaker.
Mr
Speaker:
Perhaps
before -
Mr
P Robinson:
Such
meetings are covered by confidentiality, so I could
not have told Colleagues anyway.
Mr
Speaker:
Order.
I will respond to points of order, and Members
should try to keep some order. As far as the heading
"Executive Committee Business" is
concerned, Standing Orders make it clear that
decisions about that matter or on the ordering of
that matter are not for the Business Committee to
make. It is for the Executive Committee to order the
business in respect of that slot on the Order Paper.
Mr
Robinson raised some legal questions - for
example, that this would have been known about and
sorted out well in advance. Because of the
timescale, that is not necessarily the case. The
urgency with which the First Minster and the Deputy
First Minister sought to bring this issue before the
House meant that matters had to be resolved as
quickly as possible. However, as regards the matter
of the First Readings of Bills going down, there is
no particular reason why that should be the case. In
practical terms it would not always be possible for
that to be the case, otherwise all Bills would have
to be delayed further.
For
example, this Bill could not have been brought today
had that requirement been in Standing Orders -
which it is not.
Mr
Dodds:
On
a point of order, Mr Speaker. If, like the
First Minister, members of the Democratic Unionist
Party were in the business of breaking election
pledges, then we would, of course, be sitting in the
Executive. It may be all right to say that members
of the Executive Committee who are present may know
that these Bills will be coming forward, but what
about the other Members of the House? Do the First
Minister and Deputy First Minister - particularly
the First Minister, given his remarks - have no
consideration for other Members, who should at least
be given the courtesy of knowing what is going to
arise from the Order Paper? [Interruption]
Mr
Speaker:
Order.
Mr
Dodds:
The
First Minister may laugh -
Mr
Speaker:
Order.
The Minister will resume his seat. This is not a
point of order; this is becoming a debate. The
Standing Orders are clear. It is not necessary for
First Readings of Bills - certainly for First
Readings at Westminster - to be on the Order
Paper. In this case the matter could not have been
on the Order Paper. That is the ruling, and I am not
prepared to take further points of order on that
specific issue. Some of the issues raised were not
points of order. This technical matter is becoming a
matter for debate, and that is not appropriate.
Rev
Dr Ian Paisley:
Further
to that point of order, Mr Speaker. You would
need to make it clear that even if a member of the
Executive attends an Executive meeting, he would not
be able to inform Colleagues of issues that would be
coming forward if they were confidential. The person
who was out of order in this debate was the First
Minister.
Mr
Speaker:
Order.
How the Executive Committee conducts its own
business is not a matter for me or for the House.
The
Deputy First Minister:
The
important thing is that the Executive Committee
decided, rightly, that Northern Ireland should not
lack disability legislation because of a particular
timescale. This type of issue will arise in relation
to other Departments. That may require urgent
legislation so that parity is not broken. I should
have thought that Mr Dodds would have more than
a passing interest in ensuring that this House
proceeded very quickly with matters that affect his
Department - the Department for Social Development
- as this one does, so that people are not
disadvantaged as a result of delay.
10.45
am
Mr
Speaker:
The
position is clear in the Standing Orders. I have
given a ruling, and we must now proceed to the next
item of business.
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Assembly
Audit Committee: Deputy Chairmanship
Mr
Speaker:
I
am required to supervise the appointment of a Deputy
Chairman of the Audit Committee. Mr Alban Maginness,
the Deputy Chairman of that Committee, has decided
to resign, as he has been appointed to the Chair of
another Committee. We must proceed by running the
d'Hondt system.
I
ask Mr McGrady, as the nominating officer of
the SDLP, if he wishes to nominate another Member.
Mr
McGrady:
Under
the d'Hondt mechanism the Social Democratic and
Labour Party has the vice- chairmanship of the Audit
Committee. However, my party, in agreement with
others, is prepared to leave this post vacant in
order that a representative from the minor parties
may participate in the Audit Committee. For that
reason, I will not nominate for this position.
Mr
Speaker:
Mr Trimble
has advised me that Mr Jim Wilson will act
as nominating officer of the Ulster Unionist Party.
I
call on Mr Jim Wilson, as the nominating
officer of the political party for which the formula
laid down in Standing Orders gives the next-highest
figure, to nominate a person who is a member of his
party and of the Assembly to be the Deputy Chairman
of the Audit Committee.
Mr
J Wilson:
The
Ulster Unionist Party will not be making a
nomination.
Mr
Speaker:
I
call on Dr Paisley as the nominating officer of
the political party for which the formula laid down
in Standing Orders gives the next-highest figure, to
nominate a person who is a member of his party and
of the Assembly to be Deputy Chairman of the Audit
Committee.
Rev
Dr Ian Paisley:
I
will not be nominating.
Mr
Speaker:
I
now call on Mr Mitchel McLaughlin as the
nominating officer of the political party -
Mr
Ford:
On
a point of order, Mr Speaker. Should Mr Neeson
not be the next nominating officer?
Mr
Speaker:
I
am grateful for that point of order. Mr Neeson
should be the next nominating officer.
I
call on Mr Neeson, as the nominating officer of
the political party for which the formula laid down
in Standing Orders gives the next-highest figure, to
nominate a person who is a member of his party and
of the Assembly to be Deputy Chairman of the Audit
Committee.
Mr
Neeson:
We
decline to nominate.
Mr
Speaker:
I
call on Mr McLaughlin, as the nominating
officer of the political party for which the formula
laid down in Standing Orders gives the next-highest
figure, to nominate a person who is a member of his
party and of the Assembly to be Deputy Chairman of
the Audit Committee.
Mr
McLaughlin:
Despite
the delay, Sinn Féin will not be making a
nomination.
Mr
Speaker:
I
call on Mr McCartney, as the nominating officer
of the political party for which the formula laid
down in Standing Orders gives the next-highest
figure, to nominate a person who is a member of his
party and of the Assembly to be Deputy Chairman of
the Audit Committee.
Mr
McCartney:
I
never nominate in these matters.
Mr
Speaker:
I
call on Mr Ervine, as the nominating officer of
the political party for which the formula laid down
in Standing Orders gives the next-highest figure, to
nominate a person who is a member of his party and
of the Assembly to be Deputy Chairman of the Audit
Committee.
Mr
Ervine:
I
nominate Mr Billy Hutchinson for the
position.
Mr
Speaker:
Is
Mr Hutchinson willing to accept the office for
which he has been nominated?
Mr
B Hutchinson:
I
am.
Mr
Speaker:
I
therefore announce the appointment of Mr Billy Hutchinson
as Deputy Chairman of the Audit Committee.
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Assembly
Standing Committees:
Membership
Mr
Speaker:
Following
the appointment of the Chairmen and Deputy Chairmen
to Standing Committees, it falls to the Assembly to
appoint the membership of the Standing Committees.
The Business Committee agreed the proportionate
share of membership among the parties, and it fell
to the Whips to propose the Members' names. One
result of this exercise was that two Members were
nominated to serve on both the Public Accounts
Committee and the Audit Committee. This is contrary
to Standing Orders, as only one member of the Public
Accounts Committee may sit on the Audit Committee
also. We therefore have an amendment in the name of
Mr J Wilson which will rectify the
situation and allow the appointments to proceed. If
this is not agreed, it will not be possible to allow
the other memberships to proceed.
Resolved:
That
Mr Derek Hussey shall replace Mr Billy Bell
on the Audit Committee membership list in the paper
'OP/99 Standing Committees'. - [Mr J
Wilson]
Mr
Speaker:
We
now proceed to the appointment of members to the
Standing Committees.
Mr
McGrady:
I
beg to move
That
the Members listed in the paper 'OP4/99 Standing
Committees', as amended, shall be the members of
the relevant Standing Committees.
In
accordance with the notes already given to Members
with OP4/99 on Standing Committees, I propose the
nominees to the Public Accounts Committee, the Audit
Committee, the Committee of the Centre, the
Committee on Procedures and the Committee on
Standards and Privileges.
Question
put and agreed to.
Resolved:
That
the Members listed in the paper 'OP4/99 Standing
Committees', as amended, shall be the members of
the relevant Standing Committees.
Assembly
Statutory Committees: Membership
Mr
Speaker:
Since
the appointment of Members to the Statutory
Committees some changes have been proposed,
occasioned in some cases by the appointment of
Members to other offices and the knock-on effects of
that. There is a motion proposing changes to
Statutory Committee membership, and that is in the
name of Mr McGrady.
Mr
McGrady:
I
beg to move
That
Mr John Dallat shall replace Mr Denis Haughey
on the Agriculture Committee; that Mr Derek Hussey
shall replace Mr Dermot Nesbitt on the
Finance and Personnel Committee; that Mr Alex Attwood
shall replace Mr John Dallat on the
Finance and Personnel Committee; and that Mr P J Bradley
shall replace Mr Denis Haughey on the
Regional Development Committee.
In
accordance with the motion before us, and
consequential, as you say, Mr Speaker, on the
appointment of junior Ministers and other matters, I
propose these four changes to the membership of the
Statutory Committees.
Question
put and agreed to.
Resolved:
That
Mr John Dallat shall replace Mr Denis Haughey
on the Agriculture Committee; that Mr Derek Hussey
shall replace Mr Dermot Nesbitt on the
Finance and Personnel Committee; that Mr Alex Attwood
shall replace Mr John Dallat on the
Finance and Personnel Committee; and that Mr P J Bradley
shall replace Mr Denis Haughey on the
Regional Development Committee.
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Assembly
Business
Mr Speaker:
Members
will see that the Consideration Stage of the
Financial Assistance for Political Parties Bill is
next on the Order Paper. However, we cannot take
this until at least tomorrow because of the staged
intervals that are required by Standing Orders.
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Police:
Patten Commission Report
Mr Dodds:
I
beg to move the following motion:
This
House rejects the Patten Commission's report and
calls upon the Secretary of State to reject
proposals which would reward and elevate terrorists
while demoralising and destroying the Royal Ulster
Constabulary, whose members, both full-time and
part-time, have diligently and with great
distinction served the whole community.
I
am grateful for the opportunity to debate this issue
this morning. As Members will be aware, only about
20 minutes were left at the end of the
proceedings last week, and that was not enough time
to enable us to explore these matters fully and
allow Members who wished to express a view to do so.
For that reason we withdrew the motion and sought
permission for it to be reintroduced this week. It
has been reintroduced, its terms are identical, and
I am grateful to the members of the Business
Committee who have allowed it to appear on the Order
Paper today.
It
is right and timely that the Assembly should be
deliberating this matter, given the events of last
week and the statement made in the House of Commons
by the Secretary of State to the effect that
the Government are adopting virtually all the
recommendations of the Patten Commission's Report.
Indeed, some reports made previous to the statement
that only some changes would be made turned out to
be largely groundless. There was some minor
tinkering and some very minor changes were made to
the proposals, but virtually all recommendations of
real substance and meat were adopted, as were all
those that are controversial and deeply devisive.
In
spite of the large number of representations that
were made right across the Province, the Government,
nevertheless, proceeded to introduce virtually all
the recommendations of the Patten Report.
In
spite of the fact that, at present, this is a
reserved matter, it is right that the Assembly
should deliver an opinion on it. It would be amazing
if the Government and all the pundits, commentators
and media personnel who are so quick to tell us how
important this place is and that the Assembly must
and will make an impact on the lives of the ordinary
people of this Province chose to ignore the
democratic decisions of the House, particularly on
an issue such as this.
I
hope that the House will decisively reject the
Patten Commission's report, and its conclusions
and recommendations, and that in so doing, it will
send a strong, emphatic signal to the Secretary of State
and the Government that what they have announced is
unacceptable, certainly as far as the Unionist
community is concerned.
I
am sure that during this debate the deep anger, the
deep frustration and the deep sense of
disillusionment that is felt right across the
Unionist community, and by many moderate
Nationalists as well, will become apparent. Members
of the minority community to whom I have spoken
recently have expressed deep concerns about where
all this will lead with regard to the policing of
their communities. They have also expressed concern
about the way in which Sinn Féin/IRA has
hijacked the policing agenda and about the way in
which the SDLP appears to have lain down while the
Government have responded to the demands of the Sinn Féin/IRA
propaganda barrage and to those demands alone.
Of
all the issues which have flowed from the Belfast
Agreement, this is the one which most touches a raw
nerve in this community. It is bad enough that we
should have unreconstructed IRA terrorist frontmen
and their supporters in the Government of Northern Ireland;
it is bad enough that virtually all terrorist
prisoners have been released much earlier than they
would otherwise have been, even under the normal
early-release schemes; it is bad enough that we
should have all-Ireland, cross-border bodies with
executive powers - and I note that one of those
bodies will meet in Newry today after a meeting to
be attended by the Minister of Enterprise, Trade and
Investment and the Minister of Higher and Further
Education, Training and Employment with their
Southern counterparts; and it is bad enough that all
these things should have happened as a result of the
Belfast Agreement.
All
these matters have caused deep concern in the
Unionist community, but now the axe is being taken
to the RUC. You have only to pick up the newspapers,
you have only to go out among people, and you have
only to listen to media reports to know that
ordinary people on the ground are deeply
apprehensive and angry at the proposals which were
made by the Secretary of State last week.
I
urge the First Minister to get out among
ordinary people occasionally and listen to what they
say. I heard him on the radio on Saturday saying
that people should not listen to those who are
expressing concerns about the Belfast Agreement and
to those who are opposed to the agreement. Where on
earth has he been over the past 18 months? Who
on earth is he talking to? He is certainly not
talking to people on the ground.
Every
person in the House from a Unionist background -
and, indeed, from other backgrounds - will know
that the message coming through from the grass roots
of every section of the community is one of deep
anger and concern at the way in which the police
have been treated, at the way in which the Royal
Ulster Constabulary has been decimated in spite of
its 80 years of service to the people of
Northern Ireland and in spite of the 30 years
of horrendous injury and aggression that have been
inflicted on that gallant force.
I
would like to pay tribute - as, I am sure, will
other Members - to the 302 officers, both
full-time and part-time, who died in the service of
this community during the recent period of the
troubles. I also want to pay tribute to the almost
10,000 officers who have suffered injuries,
many of them appalling, lifelong injuries, at the
hands of terrorists.
11.00
am
No
one has spoken more eloquently about the hurt and
anger felt than spokespersons for current RUC
members and disabled officers who regard this as the
ultimate insult to their membership and to the
memory of those who fell while serving Northern Ireland
and defending the community against violence and
terrorism.
As
I said at the outset, all the main controversial and
deeply divisive proposals in the Patten Report are
going to be implemented. On all the key issues, this
Government sided with the Provisional Republican
movement against the Royal Ulster Constabulary and
the decent, law-abiding majority in this community.
What
was the response from the Republican community and
movement to this announcement? On the very day this
announcement was made in the House of Commons, we
saw the Sinn Féin leadership carrying the
coffin of the IRA killer of an RUC officer through
the streets of Belfast. Yesterday we saw them -
Ministers included - standing before a memorial to
the IRA killer of a policeman. That killing took
place back in 1942, and I have had many complaints
from people who have pointed out that while we know
the name of the IRA killer and have read background
pieces on who and what he was, we have heard very
little about the victim of this crime - an
innocent police officer who was done to death by an
IRA killer. There is much concentration on the
victims of crimes. The media sometimes pay
lip-service to this issue, as do some Members.
Where, however, was the balance in the reporting of
this issue? Where was the attempt to find out how
this affected the victim of that dastardly crime?
Where was the in-depth analysis of just what a
vicious, nasty murder that crime was?
Rev
Dr Ian Paisley:
The
people of Northern Ireland should be reminded
that the police officer was a member of the Roman Catholic
community.
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