BUSINESS COMMITTEE

THURSDAY 11 MAY 2006
IN ROOM 106, PARLIAMENT BUILDINGS

MINUTES

The meeting began at 12.15 pm

Present: The Speaker (Chair)
Mr B Armstrong
Mr J Dallat
Mr K McCarthy
Mr D McClarty
Dr W McCrea
Dr A McDonnell
Mr P McGuigan
Mr M Morrow
Mr C Murphy

Present (secretariat): Mr A Moir The Clerk
Mr J Reynolds Deputy Clerk

In attendance: Ms C McGivern Director of Legal Services
Mr P Moore Clerk of Business
Mr R Good Adviser to the Speaker
Ms G Campbell Private Secretary to the Speaker

Observers: Ms H Jackson NIO
Mr S Johnston OFMDFM

Apologies: None.

1. Introduction

1.1 The Speaker informed members that she had received her formal letter of appointment from the Secretary of State. The Speaker also advised that she had received Standing Orders from the Secretary of State, in accordance with the Northern Ireland Act 2006. The Speaker outlined how she intended to interpret her role, based on the directions of the Secretary of State, the Standing Orders of the Assembly (made by direction of the Secretary of State), the Standing Orders of the Northern Ireland Assembly and the Assembly Companion, before, if necessary taking guidance from Erskine May.

1.2 The Speaker informed members that she had met with the Secretary of State earlier in the week and that she had received further correspondence from him on 10 May. A copy of that letter was provided to members.

2. Minutes of meeting held on 4 May 2006

2.1 The minutes of the meeting held on 4 May 2006 were agreed (with an amendment having been made to paragraph 4.2) and signed by the Speaker. The Speaker reminded members of their agreement that the minutes would appear on the website.

2.2 There was discussion about a lack of consistency between two paragraphs of the note of parties’ views that had been attached to the Speaker’s letter to the Secretary of State following the previous meeting. However, it was agreed that this did not impact on the formal minutes of the meeting.

3. Matters Arising

3.1 Referring to paragraph 2.1 of the minutes, Mr McClarty advised that, in addition to Mr Armstrong and himself, two alternate attendees from the Ulster Unionist Party will be Mr Beggs and Mr Copeland.

3.2 In relation to paragraph 2.2 of the minutes, the Speaker informed members that Dr Deeny had written to her confirming that Mr McCarthy would represent him in all business matters. The Speaker indicated that she was prepared to accept that the Alliance party’s alternate Business Committee attendee would also represent Dr Deeny.

4. Arrangements for Plenary Meeting on 15 May 2006

4.1 The Speaker outlined arrangements for the first meeting, as proposed in the Secretary of State’s letter, noting that it would not be necessary to seek leave to suspend the sitting to scrutinise the Roll. The Speaker gave notice of her intention to make an announcement about any issues pertaining to the Roll at the commencement of business on Tuesday 16th May.

4.2 The Speaker also reminded members that she did not intend to take Points of Order before all those Members present had had an opportunity to sign the Roll.

4.3 The Speaker repeated her advice to members on the way in which she proposed to rule on matters of procedure and order. The Speaker reminded members that the Assembly was operating under the terms of the Northern Ireland Act 2006 which meant that its meetings were convened under the direction of the Secretary of State. Proceedings would be conducted in accordance with the Standing Orders, also determined by the Secretary of State. However, where a matter requiring a Speaker’s ruling arose, and the Secretary of State’s direction and/or Standing Orders were insufficient and unclear, the Speaker explained that she intended to draw from previous rulings from the Chair, as contained in the Assembly Companion, and from Erskine May.

4.4 The Speaker also stated that she would seek to make her rulings in the interests of all Members of the Assembly, and would be reliant on the support of Members in doing so, particularly in the event of disorder in the Chamber. The Speaker sought the co-operation of Whips in passing this on to their Members.

4.5 Members discussed seating arrangements in the Chamber. All parties were now in agreement with the proposals.

4.6 One member proposed that the Assembly should stand for a minute’s silence at the commencement of business as a mark of respect for the family of a recent murder victim. Following discussions, the Committee agreed that the matter should be referred to the Secretary of State with regard to the first meeting, but that a protocol to cover the issue of condolences should be developed for the Business Committee’s consideration.

5. Arrangements for Plenary Meeting on 16 May 2006

5.1 Representatives of parties who intended to participate in the proposed debate agreed that a minimum of two hours should be allocated to the debate. One member confirmed that his party was unlikely to participate. The Speaker, in making draft Order Papers for 15 and 16 May available to members, advised that the wording of a motion for the debate had not yet been received from the Secretary of State.

6. Arrangements for Plenary Meeting on 22 May 2006

6.1 Only the election of First Minister and deputy First Minister was proposed by the Secretary of State for that date. The Speaker noted that procedures to be followed for that election were clearly set out in Standing Orders. There was some discussion about procedures and it was agreed that the Secretariat could issue guidance, to members of the Committee, setting out the procedure and the forms of wording that should be used.

7. Arrangements for Plenary Meeting on 23 May 2006 and Arrangements for selecting business for further plenary meetings

7.1 The Speaker noted the Secretary of State’s reference to directing certain business on 23rd May in the event of a successful election on 22nd May. If the election was not successful, the Secretary of State had intimated that the Assembly might take responsibility for managing at least some of its own business. The Speaker’s view was that discussions on this issue would apply equally to the 23rd of May and any further plenary meetings, and that motions that had been brought to the Business Committee should be considered in this context.

7.2 A draft list containing two motions proposed by one party was provided to members. Another party indicated that it had a number of motions prepared for tabling after its Members had signed the Roll. One member suggested that the Secretary of State should convene a review of the Belfast Agreement as provided for in the Agreement.

7.3 Members discussed possible arrangements for generating business and the NIO representative was invited to contribute to the meeting. There was general consensus around the view that the Business Committee should be able to consider a list of motions that had been tabled in the Business Office. The Committee could then agree (by consensus) a motion (or motions) as business for the Order Paper, and the Speaker would submit this to the Secretary of State. The Committee also agreed that, where the Secretary of State then referred such a motion back to the Assembly, it should be subject to amendment in accordance with procedures in the Northern Ireland Assembly.

7.4 The Committee agreed that a clear mechanism was necessary, while the NIO representative indicated that new Standing Orders could be provided to accommodate an agreed mechanism. The Speaker undertook to seek further clarification from the Secretary of State. It was agreed that, pending the outcome of discussions on a mechanism for business, Members could table motions in the Business Office after they had signed the Roll.

8. Deputy Speakers

8.1 The Speaker informed members that she had received notice from the Secretary of State that he had appointed Mr Jim Wells and Mr Francie Molloy as Deputy Presiding Officers. She also advised that she intended to make an announcement in the Chamber to that effect immediately after she had read her own letter of appointment.

9. Amendments to Standing Orders

9.1 The Speaker informed members that she had received notification from the Secretary of State that the proceedings of the Assembly are to be conducted in accordance with Standing Orders that were attached to the notification. The Speaker advised that Clerks stood ready to provide advice on these Standing Orders on request.

10. Issue of Notice and plenary papers to Members

10.1 The Speaker explained that a notice of the first meeting, together with papers for the following week’s business, would issue by Special Delivery to addresses provided by Members. The Speaker asked Whips to notify their members accordingly. One party asked that all of its Members’ papers be delivered to the party office for this week only.

11. Any Other Business

11.1 The Speaker outlined arrangements for press coverage of the following week’s business and for access to the galleries by Members’ guests.

11.2 The Speaker alerted members to a change in the computerised voting system, which allowed the names of tellers to be logged and announced at the Table, and for tellers’ votes to be recorded automatically. Following further explanation, members indicated that they were content in principle with this approach. A set of guidance notes for whips and tellers was also made available to members.

11.3 The Speaker reminded members of the privilege arrangements contained in the Northern Ireland Act 2006, and indicated that advice was available to members on request.

12. Date, Time and Venue of Next Meeting

12.1 It was agreed to meet again on Tuesday 16 May 2006 at noon in Room 106, Parliament Buildings. Members indicated that this might be a suitable time for future meetings, subject to business requirements.

The Speaker brought the meeting to a close at 2.00 pm.

The Speaker