No.16/06 (T.A.)
MINUTE OF PROCEEDINGS
TUESDAY 20 MARCH 2007
The Assembly met at noon, the Speaker in the Chair
1. Personal Prayer or Meditation
Members observed two minutes’ silence.
2. The Speaker’s Business
2.1 The Speaker informed Members that she had scrutinised the entries in the Roll of Membership and was satisfied that 103 Members had taken their seats in accordance with Standing Orders.
3. Roll of Membership
3.1 Four Members signed the Roll and indicated a designation of identity.
Mr Edwin Poots designated as Unionist.
3.3 Mr Pat Doherty, Mr Fra McCann and Mr Barry McElduff designated as Nationalist.
3.4 The Speaker announced that she had received a letter from the Secretary of State advising that a direction had been made under paragraph 9(3) of Schedule 1 to the Northern Ireland (St Andrews Agreement) Act 2006, amending Standing Orders 20 and 21 of the initial Standing Orders of the Transitional Assembly, and that a copy of this direction had issued to Members.
4. Committee Business
4.1 Motion – Draft Ministerial Code
Proposed: That this Assembly takes note of the draft Ministerial Code.
[Chairpersons, Committee on the Programme for Government]
Paragraphs 1.1 to 1.2
The Question being put, it was agreed without division that paragraphs 1.1 to 1.2 stand part of the draft Ministerial Code.
Paragraphs 1.3 to 1.6
After debate, the Question being put, it was agreed without division that paragraphs 1.3 to 1.6 stand part of the draft Ministerial Code.
Paragraphs 2.1 to 2.7
The Question being put, it was agreed without division that paragraphs 2.1 to 2.7 stand part of the draft Ministerial Code.
Paragraph 2.8
After debate, the Question being put, it was agreed without division that paragraph 2.8 stand part of the draft Ministerial Code.
Paragraphs 2.9 to 2.13
The Question being put, it was agreed without division that paragraphs 2.9 to 2.13 stand part of the draft Ministerial Code.
Amendment No. 1
Proposed: In paragraph 2.14 leave out from after the first ‘meeting’ to end of paragraph and insert:
‘the responsible minister, or ministers in the case of the First Minister and Deputy First Minister, should as far as practicable set out in writing to all ministers and the Secretary to the Executive –
- the decision to be taken;
- the background to the issue;
- the views of any other ministers with a relevant interest;
- the position of any other interested administrations; and
- the consequences of deferring the decision in question pending the next Executive Committee meeting and of not taking it at all.
A matter dealt with in this way will be deemed to have been dealt with in accordance with paragraph 2.4 of this Code. Ministers should communicate their responses to the Secretary to the Executive within the time limit specified by him – and failure to do so will be taken as assent. Decision making under this written procedure shall be as under paragraph 2.12 and the Secretary to the Executive shall notify the responsible minister of the outcome.
Where it is not practicable for reasons of genuine urgency to follow the procedure above, the responsible minister, or ministers in the case of the First Minister and Deputy First Minister, should notify the Secretary to the Executive of the decision taken and, so far as practicable, the matters set out at 2. to 5. above. A matter dealt with in this way will be deemed to have been dealt with in accordance with paragraph 2.4 of this code.’
[Mr A Attwood]
[Ms M Ritchie]
After debate, Amendment No. 1 to paragraph 2.14 was negatived (Division 1).
Paragraph 2.14
The Question being put, it was agreed without division that paragraph 2.14 stand part of the draft Ministerial Code.
Amendment No. 2
Proposed: Leave out paragraph 2.15 and insert:
‘Where, by virtue of paragraph 2.4 of the Code, a Minister, including the First and Deputy First Minister acting jointly, or junior Minister, is required to bring to the attention of the Executive Committee any matter which ought by virtue of section 20(3) or 20(4) of the Act to be considered by the Executive Committee, the Executive Committee may, subsequent to a decision being taken, nonetheless determine that the decision has been taken in accordance with paragraph 2.4 of the Code.’
[Lord Morrow]
[Mr P Robinson]
After debate, Amendment No. 2 to paragraph 2.15 was made (Division 2).
Paragraph 2.15
The Question being put, it was agreed without division that paragraph 2.15, as amended, stand part of the draft Ministerial Code.
Amendment No 3
Proposed: Insert a new paragraph after 2.15:
‘The Executive Committee may make additional provision to enable the duty set out in paragraph 2.4 of the Code to be satisfied.’
[Lord Morrow]
[Mr P Robinson]
Amendment No. 3 to insert a new paragraph after 2.15 was made without division.
Paragraph 2.16
The Question being put, it was agreed without division that paragraph 2.16 stand part of the draft Ministerial Code.
Paragraphs 3.1 to 3.22
The Question being put, it was agreed without division that paragraphs 3.1 to 3.22 stand part of the draft Ministerial Code.
Amendment No 4
Proposed: Leave out ‘takes note of’ and insert ‘approves’.
[Lord Morrow]
[Mr P Robinson]
Amendment No. 4 was made without division.
The Main Question being put, the motion, as amended, was carried with cross community support (nemine contradicente).
The Sitting was, by leave, suspended at 2.50 pm.
The Sitting resumed at 3.25 pm.
4.2 Motion – Draft Standing Orders
Proposed: That this Assembly approves the draft Standing Orders for the Northern Ireland Assembly (dated 13 March 2007).
[Chairperson, Standing Orders Subgroup]
Draft Standing Orders 1 and 2
After debate, the Question being put, it was agreed without division that draft Standing Orders 1 and 2 stand part of the draft Standing Orders of the Northern Ireland Assembly.
Draft Standing Order 3
After debate, the Question being put, it was agreed without division that draft Standing Order 3 stand part of the draft Standing Orders of the Northern Ireland Assembly.
Draft Standing Orders 4 to 11
After debate, the Question being put, it was agreed without division that draft Standing Orders 4 to 11 stand part of the draft Standing Orders of the Northern Ireland Assembly.
Draft Standing Order 12
The Question being put, it was agreed without division that draft Standing Order 12 stand part of the draft Standing Orders of the Northern Ireland Assembly (subject to any change which may be required to it as a consequence of any decision on draft Standing Order 45).
Draft Standing Orders 13 to 25
After debate, the Question being put, it was agreed without division that draft Standing Orders 13 to 25 stand part of the draft Standing Orders of the Northern Ireland Assembly.
Draft Standing Order 25A
After debate, the Question being put, that draft Standing Order 25A stand part of the draft Standing Orders of the Northern Ireland Assembly, was negatived without division.
Draft Standing Orders 26 and 27
The Question being put, it was agreed without division that draft Standing Orders 26 and 27 stand part of the draft Standing Orders of the Northern Ireland Assembly.
Draft Standing Order 27A
After debate, the Question being put, it was agreed without division that draft Standing Order 27A stand part of the draft Standing Orders of the Northern Ireland Assembly.
Draft Standing Orders 28 to 30
The Question being put, it was agreed without division that draft Standing Orders 28 to 30 stand part of the draft Standing Orders of the Northern Ireland Assembly.
Draft Standing Order 31
The Question being put, it was agreed without division that draft Standing Order 31 stand part of the draft Standing Orders of the Northern Ireland Assembly (subject to any change which may be required to it as a consequence of any decision on draft Standing Order 45).
Draft Standing Orders 32 to 40
The Question being put, it was agreed without division that draft Standing Orders 32 to 40 stand part of the draft Standing Orders of the Northern Ireland Assembly.
Draft Standing Order 41
The Question being put, it was agreed without division that draft Standing Order 41 stand part of the draft Standing Orders of the Northern Ireland Assembly (subject to any change which may be required to it as a consequence of any decision on draft Standing Order 45).
Draft Standing Order 41A
After debate, the Question being put, it was agreed without division that draft Standing Order 41A stand part of the draft Standing Orders of the Northern Ireland Assembly.
Deputy Speaker (Mr Jim Wells) in the Chair.
Draft Standing Order 42
After debate, the Question being put, it was agreed without division that draft Standing Order 42 stand part of the draft Standing Orders of the Northern Ireland Assembly.
Draft Standing Orders 43 and 44
The Question being put, it was agreed without division that draft Standing Orders 43 and 44 stand part of the draft Standing Orders of the Northern Ireland Assembly.
Draft Standing Order 45
After debate, the Question being put, it was agreed without division that draft Standing Order 45, and the consequential amendments to draft Standing Orders 12(1), 31(1) and (2) and 41(8), stand part of the draft Standing Orders of the Northern Ireland Assembly.
Draft Standing Order 46
The Question being put, it was agreed without division that draft Standing Order 46 stand part of the draft Standing Orders of the Northern Ireland Assembly.
Draft Standing Order 47 to 49
The Question being put, it was agreed without division that draft Standing Orders 47 to 49 stand part of the draft Standing Orders of the Northern Ireland Assembly.
Amendment No. 1
Proposed: In Standing Order 50(6) leave out all after the second ‘party’.
[Mr R Beggs]
After debate, Amendment No. 1 to draft Standing Order 50(6) was made without division.
Draft Standing Order 50
The Question being put, it was agreed without division that draft Standing Order 50, as amended, stand part of the draft Standing Orders of the Northern Ireland Assembly
Draft Standing Orders 51 to 53
The Question being put, it was agreed without division that draft Standing Orders 51 to 53 stand part of the draft Standing Orders of the Northern Ireland Assembly.
Draft Standing Order 54
After debate, the Question being put, it was agreed without division that draft Standing Order 54 stand part of the draft Standing Orders of the Northern Ireland Assembly.
Draft Standing Order 55 to 75
The Question being put, it was agreed without division that draft Standing Orders 55 to 75 stand part of the draft Standing Orders of the Northern Ireland Assembly.
The Speaker in the Chair.
The Main Question being put, the motion was negatived on a cross-community basis (Division 3).
5. Adjournment
5.1 Proposed: That the Assembly do now adjourn.
[The Speaker]
The Assembly adjourned at 4.39 pm.
Mrs Eileen Bell
The Speaker
20 March 2007
20 MARCH 2007
DIVISIONS
Division No 1
Proposed: In paragraph 2.14 leave out from after the first ‘meeting’ to end of paragraph and insert:
‘the responsible minister, or ministers in the case of the First Minister and Deputy First Minister, should as far as practicable set out in writing to all ministers and the Secretary to the Executive –
- the decision to be taken;
- the background to the issue;
- the views of any other ministers with a relevant interest;
- the position of any other interested administrations; and
- the consequences of deferring the decision in question pending the next Executive Committee meeting and of not taking it at all.
A matter dealt with in this way will be deemed to have been dealt with in accordance with paragraph 2.4 of this Code. Ministers should communicate their responses to the Secretary to the Executive within the time limit specified by him – and failure to do so will be taken as assent. Decision making under this written procedure shall be as under paragraph 2.12 and the Secretary to the Executive shall notify the responsible minister of the outcome.
Where it is not practicable for reasons of genuine urgency to follow the procedure above, the responsible minister, or ministers in the case of the First Minister and Deputy First Minister, should notify the Secretary to the Executive of the decision taken and, so far as practicable, the matters set out at 2. to 5. above. A matter dealt with in this way will be deemed to have been dealt with in accordance with paragraph 2.4 of this code.’
[Mr A Attwood]
[Ms M Ritchie]
The Question was put and the Assembly divided.
Ayes: 14
Noes: 79
Ayes
Alex Attwood, Mary Bradley, P J Bradley, Thomas Burns, John Dallat, Mark Durkan, Tommy Gallagher, Carmel Hanna, Dolores Kelly, Alban Maginness, Alasdair McDonnell, Patsy McGlone, Declan O'Loan, Margaret Ritchie.
Tellers for the Ayes: Thomas Burns and Carmel Hanna
Noes
Gerry Adams, Martina Anderson, Billy Armstrong, Roy Beggs, Cathal Boylan, Mickey Brady, Allan Bresland, Francis Brolly, Lord Browne, Thomas Buchanan, Paul Butler, Gregory Campbell, Trevor Clarke, Willie Clarke, Robert Coulter, Jonathan Craig, Leslie Cree, Kieran Deeny, Pat Doherty, Jeffrey Donaldson, Alex Easton, Reg Empey, Stephen Farry, David Ford, Arlene Foster, Samuel Gardiner, Michelle Gildernew, Simon Hamilton, David Hilditch, William Irwin, Danny Kennedy, Anna Lo, Naomi Long, Alex Maskey, Paul Maskey, John McCallister, Fra McCann, Jennifer McCann, Kieran McCarthy, Raymond McCartney, Nelson McCausland, David McClarty, Basil McCrea, Ian McCrea, William McCrea, Barry McElduff, Alan McFarland, Claire McGill, Michael McGimpsey, Martin McGuinness, Gerry McHugh, Michelle McIlveen, Mitchel McLaughlin, David McNarry, Adrian McQuillan, Lord Morrow, Stephen Moutray, Conor Murphy, Sean Neeson, Robin Newton, Carál Ní Chuilín, John O'Dowd, Michelle O'Neill, Ian Paisley Jnr, Ian R K Paisley, Edwin Poots, Dawn Purvis, Sue Ramsey, George Robinson, Iris Robinson, Peter Robinson, Caitríona Ruane, George Savage, Jim Shannon, David Simpson, Jimmy Spratt, Mervyn Storey, Peter Weir, Brian Wilson.
Tellers for the Noes: Carál Ní Chuilín and Jim Shannon
Amendment No. 1 was negatived.
20 MARCH 2007
DIVISIONS
Division No 2
Proposed: Leave out paragraph 2.15 and insert:
‘Where, by virtue of paragraph 2.4 of the Code, a Minister, including the First and Deputy First Minister acting jointly, or junior Minister, is required to bring to the attention of the Executive Committee any matter which ought by virtue of section 20(3) or 20(4) of the Act to be considered by the Executive Committee, the Executive Committee may, subsequent to a decision being taken, nonetheless determine that the decision has been taken in accordance with paragraph 2.4 of the Code.’
[Lord Morrow]
[Mr P Robinson]
The Question was put and the Assembly divided on a cross-community basis.
Ayes : 74
Noes : 14
Ayes
Nationalist: Martina Anderson, Cathal Boylan, Mickey Brady, Francis Brolly, Paul Butler, Willie Clarke, Pat Doherty, Michelle Gildernew, Alex Maskey, Paul Maskey, Fra McCann, Jennifer McCann, Raymond McCartney, Barry McElduff, Claire McGill, Gerry McHugh, Daithí McKay, Conor Murphy, Carál Ní Chuilín, John O'Dowd, Michelle O'Neill, Sue Ramsey, Caitríona Ruane.
Unionist: Billy Armstrong, Roy Beggs, Allan Bresland, Lord Browne, Thomas Buchanan, Gregory Campbell, Trevor Clarke, Robert Coulter, Jonathan Craig, Leslie Cree, Jeffrey Donaldson, Alex Easton, Arlene Foster, Samuel Gardiner, Simon Hamilton, William Hay, David Hilditch, William Irwin, Danny Kennedy, John McCallister, Nelson McCausland, David McClarty, Basil McCrea, Ian McCrea, William McCrea, Alan McFarland, Michael McGimpsey, Michelle McIlveen, David McNarry, Adrian McQuillan, Lord Morrow, Stephen Moutray, Robin Newton, Ian Paisley Jnr, Ian R K Paisley, Edwin Poots, George Robinson, Iris Robinson, Peter Robinson, George Savage, Jim Shannon, David Simpson, Jimmy Spratt, Mervyn Storey, Peter Weir.
Other: Stephen Farry, David Ford, Naomi Long, Kieran McCarthy, Sean Neeson, Brian Wilson.
Tellers for the Ayes: Robin Newton and Jim Shannon
Noes
Nationalist: Alex Attwood, Mary Bradley, P J Bradley, Thomas Burns, John Dallat, Mark Durkan, Tommy Gallagher, Carmel Hanna, Dolores Kelly, Alban Maginness, Alasdair McDonnell, Patsy McGlone, Declan O'Loan, Margaret Ritchie.
Tellers for the Noes: John Dallat and Alban Maginness
Total Votes 88 Total Ayes 74 ( 84.1%)
Nationalist Votes 37 Nationalist Ayes 23 ( 62.2%)
Unionist Votes 45 Unionist Ayes 45 ( 100.0%)
Amendment No. 2 was made.
29 JANUARY 2007
DIVISIONS
Division No 3
Proposed: That this Assembly approves the draft Standing Orders for the Northern Ireland Assembly (dated 13 March 2007).
[Chairperson, Standing Orders Subgroup]
The Question was put, and the Assembly divided.
Ayes: 33
Noes: 39
Ayes
Gerry Adams, Alex Attwood, Dominic Bradley, Mary Bradley, Francis Brolly, Thomas Burns, Willie Clarke, John Dallat, Mark Durkan, Sean Farren, Michael Ferguson, David Ford, Tommy Gallagher, Carmel Hanna, Dolores Kelly, Gerry Kelly, Alban Maginness, Fra McCann, Kieran McCarthy, Raymond McCartney, Alasdair McDonnell, Patsy McGlone, Philip McGuigan, Martin McGuinness, Mitchel McLaughlin, Eugene McMenamin, Sean Neeson, John O'Dowd, Tom O'Reilly, Sue Ramsey, Margaret Ritchie, Caitríona Ruane, Kathy Stanton.
Tellers for the Ayes: Thomas Burns and Margaret Ritchie
Noes
Billy Armstrong, Roy Beggs, Billy Bell, Paul Berry, Esmond Birnie, Thomas Buchanan, Gregory Campbell, Wilson Clyde, Michael Copeland, Robert Coulter, George Dawson, Nigel Dodds, Jeffrey Donaldson, Alex Easton, Reg Empey, Arlene Foster, Samuel Gardiner, Paul Girvan, William Hay, Norman Hillis, Derek Hussey, Danny Kennedy, David McClarty, Alan McFarland, Michael McGimpsey, David McNarry, Lord Morrow, Stephen Moutray, Ian R K Paisley, Edwin Poots, George Robinson, Iris Robinson, Ken Robinson, Peter Robinson, Jim Shannon, David Simpson, Mervyn Storey, Peter Weir, Jim Wilson.
Tellers for the Noes: Billy Armstrong and Arlene Foster
The Motion was negatived.