Minutes of Proceedings

Session: 2012/2013

Date: Tuesday, 20 November 2012

Venue: Assembly Chamber

The Assembly met at 10.30am, the Speaker in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Committee Business

2.1 Motion - Ad Hoc Committee on Conformity with Equality Requirements

The motion was debated on 19 November 2012. A valid Petition of Concern was presented under Standing Order 28 on 19 November 2012 in relation to the motion. The vote on the motion was therefore taken on 20 November 2012.

The Speaker informed Members that, because a valid Petition of Concern was tabled on the motion, Standing Order 60(4) applied.

Proposed:

That, as provided for in Standing Order 60(4), the Welfare Reform Bill may proceed without reference to an ad hoc committee on conformity with Equality Requirements.

Speaker

The Question being put, the Motion was negatived (Division 1).

3. Assembly Business

3.1 Motion - Establishment of an Ad Hoc Committee on Conformity with Equality Requirements - Welfare Reform Bill

Proposed:

That, as provided for in Standing Orders 53(1) and 60(1), this Assembly establishes an ad hoc committee to examine and report on whether the provisions of the Welfare Reform Bill are in conformity with the requirements for equality and observance of human rights.

Composition:DUP - 4
                       Sinn Féin - 3
                       UUP - 2
                       SDLP  - 1
                       Alliance - 1

Quorum:The quorum shall be five members.

Procedure:The procedures of the Committee shall be such as the Committee shall determine.

Mr P Weir
Ms C Ruane
Mr R Swann
Mr P Ramsey
Mr S Dickson

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

4. Executive Committee Business

4.1 Consideration Stage: Inquiry into Historical Institutional Abuse Bill (NIA 7/11-15)

The junior Minister, Mr Jonathan Bell, moved the Consideration Stage of the Inquiry into Historical Institutional Abuse Bill.

79 amendments were selected.

Clauses

After debate, Amendment 1 to Clause 1 was negatived (Division 2).

The sitting was suspended at 12.37pm.

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

5. Question Time

5.1 Enterprise, Trade and Investment  

Questions were put to, and answered by, the Minister of Enterprise, Trade and Investment, Mrs Arlene Foster.

5.2 Environment 

Questions were put to, and answered by, the Minister of the Environment, Mr Alex Attwood.

6. Executive Committee Business (Cont’d)

6.1 Consideration Stage: Inquiry into Historical Institutional Abuse Bill (NIA 7/11-15) (Cont’d)

Debate resumed on the motion.

After debate, Amendment 2 to Clause 1 was negatived without division.

After debate, Amendment 3 to Clause 1 was made without division.

After debate, Amendment 4 was not moved.

After debate, Amendment 5 to Clause 1 was made without division.

After debate, Amendment 6 to Clause 1 was made without division.

After debate, Amendment 7 to Clause 1 was made without division.

After debate, Amendment 8 to Clause 1 was made without division.

The Principal Deputy Speaker (Mr Molloy) took the Chair.

After debate, Amendment 9 to Clause 1 was negatived (Division 3).

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

After debate, Amendments 10 to 14 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, Amendments 15 and 16 to Clause 3 were made without division.

The question being put, it was agreed without division that Clause 3, as amended, stand part of the Bill.

After debate, Amendments 17 to 19 to Clause 4 were made without division.

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

After debate, Amendment 20 to Clause 5 was made without division.

After debate, Amendment 21 to Clause 5 was negatived without division.

After debate, Amendment 22 to Clause 5 was negatived without division.

After debate, Amendment 23 to Clause 5 was made without division.

As Amendment 22 was not made, Amendments 24 and 25 were not called.

After debate, Amendment 26 to Clause 5 was made without division.

As Amendment 22 was not made, Amendments 27 and 28 were not called.

After debate, Amendment 29 was not moved.

As Amendment 22 was not made, Amendment 30 was not called.

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

After debate, Amendments 31 and 32 to Clause 6 were made without division.

After debate, Amendment 33 to Clause 6 was made without division.

After debate, Amendment 34 to Clause 6 was made without division.

After debate, Amendment 35 to Clause 6 was made without division.

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

After debate, Amendment 36 to Clause 7 was made without division.

After debate, Amendments 37 to 39 to Clause 7 were made without division.

After debate, Amendment 40 to Clause 7 was made without division.

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

After debate, Amendment 41 to Clause 8 was made without division.

After debate, Amendments 42 to 44 to Clause 8 were made without division.

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

After debate, Amendments 45 to 48 to Clause 9 were made without division.

After debate, Amendment 49 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.

The question being put, it was agreed without division that Clause 10 stand part of the Bill.

After debate, Amendment 50, inserting new Clause 10A after Clause 10, was made without division.

After debate, Amendment 51, inserting new Clause 10B after Clause 10, was made without division.

After debate, Amendment 52, inserting new Clause 10C after Clause 10, was made without division.

After debate, Amendment 53 to Clause 11 was made without division.

After debate, Amendment 54 to Clause 11 was made without division.

After debate, Amendment 55 to Clause 11 was made without division.

After debate, Amendment 56 to Clause 11 was made without division.

After debate, Amendment 57 to Clause 11 was made without division.

The question being put, it was agreed without division that Clause 11, as amended, stand part of the Bill.

After debate, Amendment 58 to Clause 12 was made without division.

After debate, Amendment 59 to Clause 12 was made without division.

The question being put, it was agreed without division that Clause 12, as amended, stand part of the Bill.

After debate, Amendments 60 to 63 to Clause 13 were made without division.

The question being put, it was agreed without division that Clause 13, as amended, stand part of the Bill.

After debate, Amendment 64 to Clause 14 was made without division.

After debate, Amendment 65 to Clause 14 was made without division.

The question being put, it was agreed without division that Clause 14, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 15 to 17 stand part of the Bill.

After debate, Amendment 66 to Clause 18 was made without division.

After debate, Amendment 67 to Clause 18 was made without division.

After debate, Amendment 68 to Clause 18 was made without division.

The question being put, it was agreed without division that Clause 18, as amended, stand part of the Bill.

After debate, Amendment 69 to Clause 19 was made without division.

The question being put, it was agreed without division that Clause 19, as amended, stand part of the Bill.

After debate, Amendment 70 to Clause 20 was made without division.

The question being put, it was agreed without division that Clause 20, as amended, stand part of the Bill.

After debate, Amendment 71 to Clause 21 was negatived without division.

After debate, Amendment 72 to Clause 21 was made without division.

As Amendment 2 was not made, Amendment 73 was not called.

After debate, Amendment 74 to Clause 21 was made without division.

As Amendment 2 was not made, Amendment 75 was not called.

After debate, Amendment 76 to Clause 21 was made without division.

After debate, Amendment 77 to Clause 21 was made without division.

After debate, Amendment 78 to Clause 21 was made without division.

The question being put, it was agreed without division that Clause 21, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 22 and 23 stand part of the Bill.

Long Title

After debate, Amendment 79 to the Long Title was made without division.

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

Bill NIA 7/11-15 passed Consideration Stage and stood referred to the Speaker.

6.2       Consideration Stage: Charities Bill (NIA 11/11-15)

The Minister for Social Development, Mr Nelson McCausland, moved the Consideration Stage of the Charities Bill.

Three amendments were tabled to the Bill.

Clauses

The question being put, it was agreed without division that Clauses 1 and 2 stand part of the Bill.

After debate, Amendment 1, inserting new Clause 2A after Clause 2, was made without division.

After debate, the question that Clause 3 stand part of the Bill was negatived without division.

The question being put, it was agreed without division that Clauses 4 and 5 stand part of the Bill.

After debate, Amendment 2 to Clause 6 was 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 Clauses 7 and 8 stand part of the Bill.

After debate, Amendment 3 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.

The question being put, it was agreed without division that Clauses 10 and 11 stand part of the Bill.

Schedules

The question being put, it was agreed without division that Schedules 1 and 2 stand part of the Bill.

Long Title

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

Bill NIA 11/11-15 passed Consideration Stage and stood referred to the Speaker.

6.3 Legislative Consent Motion: Small Charitable Donations Bill

Proposed:

That this Assembly endorses the principle of the extension to Northern Ireland of the Small Charitable Donations Bill and that its operation be made an excepted matter under the Northern Ireland Act 1998.

Minister for Social Development

The Deputy Speaker (Mr Dallat) took the Chair.

Debate ensued.

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

7. Private Members’ Business

7.1 Motion - Energy Strategy

Proposed:

That this Assembly notes that approximately 99 percent of primary energy needs are met from imported fossil fuels, which costs approximately £2.3 billion annually; recognises the need to improve energy security and energy independence; further notes the importance of reducing the cost and our exposure to price fluctuations in fossil fuels, while creating Northern Ireland based jobs through the expansion of indigenous renewables and low carbon energy sources; and calls on the Minister of Enterprise, Trade and Investment, in conjunction with the Executive, to develop a long-term energy strategy for a low carbon future.

Ms A Lo
Mr T Lunn
Mr K McCarthy

Debate ensued.

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

8. Adjournment

Ms Anna Lo spoke to her topic on Multiple Deprivation in the Belvoir area of South Belfast.

The Speaker took the Chair.

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 8.13pm.

Mr William Hay
The Speaker
20 November 2012

Northern Ireland Assembly

20 November 2012
Division 1

Motion - Ad Hoc Committee on Conformity with Equality Requirements - SO 60(4) (vote on the motion without further debate)

Proposed:

That, as provided for in Standing Order 60(4), the Welfare Reform Bill may proceed without reference to an ad hoc committee on conformity with Equality Requirements.

Speaker

The Question was put and the Assembly divided.

Ayes: 41
Noes: 52

Ayes

Unionist:

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell,
Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr McClarty, Mr I McCrea,
Mr D McIlveen, Miss M McIlveen, Mr McNarry, Mr McQuillan, Mr Moutray, Mr Newton,
Mr G Robinson, Mr Ross, Mr Storey, Mr Weir, Mr Wells.

Other:

Mrs Cochrane, Mr Dickson, Dr Farry, Mr Ford, Ms Lo, Mr Lyttle, Mr McCarthy.

Tellers for the Ayes: Ms P Bradley and Ms Brown.

Noes

Nationalist:

Mr Attwood, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Dallat, Mr Durkan, Mr Eastwood, Ms Fearon, Mr Flanagan, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr F McCann,
Ms J McCann, Mr McCartney, Ms McCorley, Mr McDevitt, Dr McDonnell, Mr McElduff,
Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Molloy, Ms Ní Chuilín, Mr Ó hOisín, Mrs O'Neill, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Unionist:

Mr Copeland, Mr Cree, Mrs Dobson, Mr Elliott, Mr Gardiner, Mr Hussey, Mr Kinahan,
Mr McCallister, Mr B McCrea, Mr Nesbitt, Mrs Overend, Mr Swann.

Other:

Mr Agnew.

Tellers for the Noes: Mr Durkan and Ms Ruane.

Total Votes                93            Total Ayes               41                           [44.1%%]

Nationalist Votes       39            Nationalist Ayes     0                             [0.0%%]

Unionist Votes            46            Unionist Ayes         34                           [73.9%%]

Other Votes                 8              Other Ayes             7                              [87.5%%]

The Motion was negatived [by parallel consent.]

Northern Ireland Assembly

20 November 2012
Division 2

Consideration Stage: Inquiry into Historical Institutional Abuse Bill (NIA 7/11-15) - Amendment 1

Proposed:

Clause 1, Page 1, Line 5

At beginning insert -

‘Subject to this section,’

Mr Colum Eastwood
Mr Conall McDevitt

The Question was put and the Assembly divided.

Ayes: 22
Noes: 70

Ayes

Mr Agnew, Mr Allister, Mr D Bradley, Mr Byrne, Mr Dallat, Mr Dickson, Mr Durkan,  Mr Eastwood, Mr Ford, Mrs D Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCarthy, Mr McClarty, Mr McDevitt,
Dr McDonnell, Mr McGlone, Mrs McKevitt, Mr A Maginness, Mr P Ramsey, Mr Rogers.

Tellers for the Ayes: Mrs McKevitt and Mr Rogers.

Noes

Mr Anderson, Mr Bell, Ms Boyle, Ms P Bradley, Mr Brady, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, Mr Copeland, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott,
Ms Fearon, Mr Flanagan, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton,
Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr G Kelly, Mr Kinahan, Mr Lynch, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland,
Ms McCorley, Mr B McCrea, Mr I McCrea, Mr McElduff, Ms McGahan, Mr McGimpsey,
Mr M McGuinness, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin,
Mr Mitchel McLaughlin, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Moutray, Mr Nesbitt,
Mr Newton, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr Poots,
Ms S Ramsey, Mr G Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Swann, Mr Weir, Mr Wells.

Tellers for the Noes: Ms Fearon and Mr G Robinson.

The Amendment was negatived.

Northern Ireland Assembly

20 November 2012
Division 3

Consideration Stage: Inquiry into Historical Institutional Abuse Bill (NIA 7/11-15) - Amendment 9

Proposed:

Clause 1, Page 1, Line 16

At end insert -

‘(6) Without prejudice to any finding it may make in its final report, the inquiry panel may publish an interim report on the requirement or desirability for redress to be provided by the Executive to victims of historical institutional abuse.’

Mr Colum Eastwood
Mr Conall McDevitt

The Question was put and the Assembly divided.

Ayes: 21
Noes: 70

Ayes

Mr Agnew, Mr D Bradley, Mr Byrne, Mrs Cochrane, Mr Dallat, Mr Dickson, Mr Durkan,
Mr Eastwood, Mr Ford, Mrs D Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCarthy, Mr McDevitt,
Dr McDonnell, Mr McGlone, Mrs McKevitt, Mr A Maginness, Mr P Ramsey, Mr Rogers.

Tellers for the Ayes: Mr Durkan and Mrs McKevitt.

Noes

Mr Allister, Mr Anderson, Mr Bell, Mr Boylan, Ms Boyle, Ms P Bradley, Mr Brady, Ms Brown,
Mr Buchanan, Mr Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan,
Mrs Hale, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Kennedy, Mr Kinahan, Mr Lynch, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Mr McClarty, Ms McCorley, Mr B McCrea, Mr I McCrea, Ms McGahan,
Mr McGimpsey, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin,
Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Moutray, Mr Nesbitt, Mr Newton,
Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr Poots, Ms S Ramsey,
Mr G Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Swann, Mr Weir, Mr Wells.

Tellers for the Noes: Mr McAleer and Mr G Robinson.

The Amendment was negatived.

Inquiry into Historical Institutional Abuse Bill

Marshalled List of Amendments

Consideration Stage

Tuesday 20 November 2012

Amendments tabled up to 9.30am Thursday, 15 November 2012 and selected for debate

The Bill will be considered in the following order-

Clauses and Long Title

Amendment 1

Clause 1, Page 1, Line 5

At beginning insert -

‘Subject to this section,’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 2

Clause 1, Page 1, Line 5

Leave out from ‘as’ to the end of line 7 and insert -

‘(a) to examine the arrangements in place in institutions in Northern Ireland for the protection of children from abuse during the period between 1922 and 1995;

(b) to examine if there were systemic failings by institutions or the state in their duties towards children in their care during the period between 1922 and 1995;

(c)  to make relevant findings and recommendations, including recommendations to ensure that abuse is prevented effectively in the future.’

Mr Jim Allister

Amendment 3

Clause 1, Page 1, Line 7

Leave out ‘31st May’ and insert ‘18th October’

The First Minister and deputy First Minister

Amendment 4

Clause 1, Page 1, Line 7

At end insert -

‘(2A) The inquiry may report recommendations on changes to law, practice and procedure to prevent future abuse.’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 5

Clause 1, Page 1, Line 8

Leave out ‘amend the terms of reference of the inquiry at any time’ and insert ‘at any time amend the terms of reference of the inquiry by order’

The First Minister and deputy First Minister

Amendment 6

Clause 1, Page 1, Line 9

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 7

Clause 1, Page 1, Line 10

At end insert ‘if a draft of the order has been laid before, and approved by resolution of, the Assembly’

The First Minister and deputy First Minister

Amendment 8

Clause 1, Page 1, Line 12

Leave out ‘1945’ and insert ‘1922’

The First Minister and deputy First Minister

Amendment 9

Clause 1, Page 1, Line 16

At end insert -

‘(6) Without prejudice to any finding it may make in its final report, the inquiry panel may publish an interim report on the requirement or desirability for redress to be provided by the Executive to victims of historical institutional abuse.’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 10

Clause 2, Page 1, Line 21

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 11

Clause 2, Page 2, Line 5

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 12

Clause 2, Page 2, Line 8

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 13

Clause 2, Page 2, Line 9

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 14

Clause 2, Page 2, Line 10

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 15

Clause 3, Page 2, Line 41

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 16

Clause 3, Page 2, Line 42

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 17

Clause 4, Page 3, Line 11

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 18

Clause 4, Page 3, Line 13

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 19

Clause 4, Page 3, Line 16

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 20

Clause 5, Page 3, Line 21

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 21

Clause 5, Page 3

Leave out lines 23 to 33

Mr Jim Allister

Amendment 22

Clause 5, Page 3, Line 23

Leave out ‘a notice given to the presiding member’ and insert -

‘an order made’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 23

Clause 5, Page 3, Line 23

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 24

Clause 5, Page 3, Line 25

Leave out ‘a notice’ and insert ‘an order’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 25

Clause 5, Page 3, Line 26

Leave out ‘notice is sent’ and insert ‘order is made’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 26

Clause 5, Page 3, Line 28

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 27

Clause 5, Page 3, Line 29

Leave out ‘give a notice’ and insert ‘make an order’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 28

Clause 5, Page 3, Line 31

Leave out ‘set out in the notice’ and insert ‘publish’

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 29

Clause 5, Page 3

Leave out lines 32 and 33

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 30

Clause 5, Page 3, Line 33

At end insert -

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

Mr Colum Eastwood
Mr Conall McDevitt

Amendment 31

Clause 6, Page 3, Line 37

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 32

Clause 6, Page 3, Line 39

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 33

Clause 6, Page 3, Line 40

At end insert -

‘(2A) Subject to any provision of rules under section 18, a statement made to the inquiry on oath by a person outside Northern Ireland through a live link is to be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 as having been made in Northern Ireland.’

The First Minister and deputy First Minister

Amendment 34

Clause 6, Page 4, Line 2

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 35

Clause 6, Page 4, Line 3

At end insert -

‘(4) In this section “live link” means a live television link or other arrangement whereby a person, while absent from the place where the inquiry is being held, is able to see and hear, and be seen and heard by, a person at that place.

(5) For the purposes of subsection (4) any impairment of sight or hearing is to be disregarded.’

The First Minister and deputy First Minister

Amendment 36

Clause 7, Page 4, Line 5

After ‘Subject to’ insert ‘subsection (3) and’

The First Minister and deputy First Minister

Amendment 37

Clause 7, Page 4, Line 6

Leave out ‘presiding member’ (in both places) and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 38

Clause 7, Page 4, Line 14

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 39

Clause 7, Page 4, Line 15

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 40

Clause 7, Page 4, Line 16

At end insert -

‘(3) The proceedings of that part of the inquiry described in its terms of reference as the Acknowledgment Forum are to be held in private and references to the inquiry in subsection (1) do not include that part of the inquiry.’

The First Minister and deputy First Minister

Amendment 41

Clause 8, Page 4, Line 21

At end insert -

‘(c) disclosure or publication of the identity of any person’

The First Minister and deputy First Minister

Amendment 42

Clause 8, Page 4, Line 23

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 43

Clause 8, Page 4, Line 27

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 44

Clause 8, Page 5, Line 1

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 45

Clause 9, Page 5, Line 19

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 46

Clause 9, Page 5, Line 27

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 47

Clause 9, Page 6, Line 1

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 48

Clause 9, Page 6, Line 4

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 49

Clause 9, Page 6, Line 8

At end insert-

‘(7) The powers conferred by this section are exercisable only in respect of evidence, documents or other things which are wholly or primarily concerned with a transferred matter.

(8) In subsection (7) “transferred matter”, in relation to a power conferred by this section, means a matter which, when the power is exercised, is a transferred matter within the meaning of the Northern Ireland Act 1998.’

The First Minister and deputy First Minister

Amendment 50

New Clause

After clause 10 insert -

‘Reports

Submission of reports

10A.-(1) The chairperson must deliver the report of the inquiry to the First Minister and deputy First Minister at least two weeks before it is published (or such other period as may be agreed between the First Minister and deputy First Minister acting jointly and the chairperson).

(2) In this section “report” includes an interim report.’

The First Minister and deputy First Minister

Amendment 51

New Clause

After clause 10 insert -

‘Publication of reports

10B.-(1) The chairperson must make arrangements for the report of the inquiry to be published.

(2) Subject to subsection (3), the report of the inquiry must be published in full.

(3) The chairperson may withhold material from publication to such extent—

(a)  as is required by any statutory provision, enforceable EU obligation or rule of law, or

(b) as the chairperson considers to be necessary in the public interest, having regard in particular to the matters mentioned in subsection (4).

(4) Those matters are—

(a)  the extent to which withholding material might inhibit the allaying of public concern;

(b) any risk of harm or damage that could be avoided or reduced by withholding any material;

(c)  any conditions as to confidentiality subject to which a person acquired information which that person has given to the inquiry.

(5) Subsection (4)(b) does not affect any obligation of a public authority that may arise under the Freedom of Information Act 2000.

(6) In this section-

“public authority” has the same meaning as in the Freedom of Information Act 2000;

“report” includes an interim report.’

The First Minister and deputy First Minister

Amendment 52

New Clause

After clause 10 insert -

‘Laying of reports before the Assembly

10C. Whatever is required to be published under section 10B must be laid before the Assembly by the First Minister and deputy First Minister acting jointly, either at the time of publication or as soon afterwards as is reasonably practicable.’

The First Minister and deputy First Minister

Amendment 53

Clause 11, Page 6, Line 21

Leave out ‘OFMDFM may award such amounts as it’ and insert ‘The chairperson may, with the approval of OFMDFM, award such amounts as the chairperson’

The First Minister and deputy First Minister

Amendment 54

Clause 11, Page 6, Line 26

After ‘where’ insert ‘the chairperson with the approval of’

The First Minister and deputy First Minister

Amendment 55

Clause 11, Page 6, Line 30

Leave out ‘attending the inquiry to give evidence or’ and insert ‘giving evidence to the inquiry or attending the inquiry’

The First Minister and deputy First Minister

Amendment 56

Clause 11, Page 6, Line 32

Leave out ‘OFMDFM’ and insert ‘the chairperson’

The First Minister and deputy First Minister

Amendment 57

Clause 11, Page 6, Line 35

After ‘OFMDFM’ insert ‘and notified by OFMDFM to the chairperson’

The First Minister and deputy First Minister

Amendment 58

Clause 12, Page 7, Line 1

At end insert -

‘(1A) OFMDFM must pay any amounts awarded under section 11.’

The First Minister and deputy First Minister

Amendment 59

Clause 12, Page 7, Line 8

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 60

Clause 13, Page 7, Line 22

Leave out from ‘fails’ to the end of line 24 and insert ‘without reasonable excuse-

(a)  contravenes a restriction order; or

(b) fails to do anything which that person is required to do by a notice under section 9,

is guilty of an offence.’

The First Minister and deputy First Minister

Amendment 61

Clause 13, Page 7, Line 39

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 62

Clause 13, Page 8, Line 1

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 63

Clause 13, Page 8, Line 3

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 64

Clause 14, Page 8, Line 13

Leave out ‘a notice under section 9 or a restriction order’ and insert ‘, or acts in breach of, a notice under section 9 or an order made by the chairperson’

The First Minister and deputy First Minister

Amendment 65

Clause 14, Page 8, Line 15

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 66

Clause 18, Page 9, Line 24

At end insert -

‘(1A) Rules under subsection (1)(a) may in particular-

(a)  provide that evidence given for the purposes of any particular part of the inquiry must not be disclosed-

(i)  in the proceedings of any other part of the inquiry unless the chairperson so orders; or

(ii)  in any criminal or civil proceedings in Northern Ireland unless it is necessary to avoid a breach of Convention rights (within the meaning of the Human Rights Act 1998);

(b) make provision for orders similar to witness anonymity orders within the meaning of section 86 of the Coroners and Justice Act 2009.’

The First Minister and deputy First Minister

Amendment 67

Clause 18, Page 9, Line 28

Leave out ‘inquiry panel’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 68

Clause 18, Page 9, Line 28

Leave out ‘panel’ in the second place where it occurs and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 69

Clause 19, Page 9, Line 34

After ‘Northern Ireland’ insert ‘except as provided by subsection (2).

(2) The powers conferred by section 9 are not exercisable so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of Her Majesty’s Government in the United Kingdom, the Scottish Ministers or the Welsh Ministers.’

The First Minister and deputy First Minister

Amendment 70

Clause 20, Page 10, Line 1

Leave out subsection (2)

The First Minister and deputy First Minister

Amendment 71

Clause 21, Page 10, Line 10

At end insert -

‘ “abuse” includes physical or mental violence, injury, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse;’

Mr Jim Allister

Amendment 72

Clause 21, Page 10, Line 11

At end insert -

‘ “chairperson” means chairperson of the inquiry;’

The First Minister and deputy First Minister

Amendment 73

Clause 21, Page 10, Line 11

At end insert -

‘ “child” means any person less than 18 years old;’

Mr Jim Allister

Amendment 74

Clause 21, Page 10, Line 12

At end insert -

‘ “harm” includes death or injury;’

The First Minister and deputy First Minister

Amendment 75

Clause 21, Page 10, Line 13

At end insert -

‘ “institution” means any body, society or organisation having responsibility for the care, health or welfare of children in Northern Ireland which, during the period between 1922 and 1995, provided residential accommodation and took decisions about and made provision for the day to day care of children;’

Mr Jim Allister

Amendment 76

Clause 21, Page 10, Line 15

At end insert -

‘ “member” includes chairperson;’

The First Minister and deputy First Minister

Amendment 77

Clause 21, Page 10

Leave out line 18

The First Minister and deputy First Minister

Amendment 78

Clause 21, Page 10, Line 22

Leave out ‘presiding member’ and insert ‘chairperson’

The First Minister and deputy First Minister

Amendment 79

Long Title

Leave out ‘1945’ and insert ‘1922’

The First Minister and deputy First Minister

Charities Bill

Marshalled List of Amendments

Consideration Stage

Tuesday 20 November 2012

Amendments tabled up to 9.30am Thursday, 15 November 2012 and selected for debate

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1

New Clause

After clause 2 insert -

‘Debt relief orders, debt relief restrictions orders and bankruptcy restrictions orders

2A.-(1) The 2008 Act shall be amended as follows.

(2) In section 33 (power to act for protection of charities), in subsection (4)(a) at the end of sub-paragraph (ii) there shall be added “or

(iii)         having previously been the subject of a debt relief order, has been discharged from all the qualifying debts under the debt relief order;”.

(3) In section 86 (persons disqualified for being trustees of a charity)-

(a)  in subsection (1)-

(i)  in paragraph (b), after the word “discharged” there shall be inserted the words “or D is the subject of a bankruptcy restrictions order”;

(ii)  after paragraph (g) there shall be added the following paragraph-

“(h) D is subject to—

(i)  a moratorium period under a debt relief order; or

(ii)  a debt relief restrictions order.”;

(b) in subsection (2)-

(i)  in paragraph (b), for the words “or the sequestration” there shall be substituted the words “, the sequestration or the making of the bankruptcy restrictions order”;

(ii)  in paragraph (d), for “(g) there shall be substituted “(h)”;

(c)  in subsection (3), after “subsection (1)(b)” insert “or (h)”.

(4) In section 87 (person acting as charity trustee while disqualified), in subsection (2)(b) for “or (g)” there shall be substituted “,(g) or (h)”.’

Minister for Social Development

Clause 3

The Minister for Social Development gives notice of his intention to oppose the question that clause 3 stand part of the Bill.

Minister for Social Development

Amendment 2

Clause 6, Page 3, Line 35

Leave out ‘and section 5(2) or, as the case may be, section 5(1)’ and insert ‘or, as the case may be, subsection (1) or (2) of section 5’

Minister for Social Development

Amendment 3

Clause 9, Page 4, Line 21

At end insert -

‘(5) Any other order under this section is subject to negative resolution.’

Minister for Social Development

Northern Ireland Assembly

Papers Presented to the Assembly on
20 November 2012

1.   Acts of the Northern Ireland Assembly

2.   Bills of the Northern Ireland Assembly

3.    Orders in Council

4.    Publications Laid in the Northern Ireland Assembly

5.    Assembly Reports

6.    Statutory Rules

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

  • S.R. 2012/407 The Juries (Amendment) Regulations (Northern Ireland) 2012 (DOJ)
  • S.R. 2012/413 The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations (Northern Ireland) 2012 (DOJ)

For Information Only:

  • S.R. 2012/405 (C.39) Licensing and Registration of Clubs (Amendment) (2011 Act) (Commencement No.4) Order (Northern Ireland) 2012 (DSD)
  • S.R. 2012/414 The Magistrates’ Courts (Civil Jurisdiction and Judgements Act 1982) (Amendment) Rules (Northern Ireland) 2012 (DOJ)
  • S.R. 2012/415 The Magistrates’ Courts (Amendment No.2) Rules (Northern Ireland) 2012 (DOJ)

7.    Written Ministerial Statements

8.    Consultation Documents

9.    Departmental Publications

Corporate Plan for Education 2012-2015 and DE Business Plan 2012-2013

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 20 NOVEMBER 2012

2011-2015 Mandate
Executive Bills

Title &
Bill Number

First
Stage

Second Stage

Comm. Stage to Conclude

Report Ordered to be Printed

CS

FCS

Final Stage

Royal Assent

Marine Bill NIA Bill 5/11-15

21.02.12

05.03.12

06.07.12

05.07.12

 

 

 

 

Superannuation Bill NIA Bill 6/11-15

12.03.12

26.03.12

28.09.12

26.09.12

22.10.12

06.11.12

19.11.12

 

Inquiry into Historical Institutional Abuse Bill

NIA Bill 7/11-15

12.06.12

25.06.12

26.10.12

24.10.12

20.11.12

 

 

 

Business Improvement Districts Bill NIA Bill 9/11-15

25.06.12

17.09.12

13.12.12

 

 

 

 

 

Criminal Justice Bill NIA Bill 10/11-15

25.06.12

03.07.12

14.12.12

 

 

 

 

 

Charities Bill NIA Bill 11/11-15

02.07.12

11.09.12

23.10.12

23.10.12

20.11.12

 

 

 

Welfare Reform Bill NIA Bill 13/11-15

01.10.12

09.10.12

27.11.12

 

 

 

 

 

Education Bill NIA Bill 14/11-15

02.10.12

15.10.12

03.12.12

 

 

 

 

 

/Air Passenger Duty (Setting of Rate) Bill NIA Bill 15/11-15

08.10.12

16.10.12

N/A

N/A

22.10.12

05.11.12

06.11.12

 

Water and Sewerage Services (Amendment) Bill NIA Bill 16/11-15

19.11.12

 

 

 

 

 

 

 

2011-2015 Mandate
Non-Executive Bills

Title &
Bill Number

First
Stage

Second Stage

Comm. Stage to Conclude

Report Ordered to be Printed

CS

FCS

Final Stage

Royal Assent

Civil Service (Special Advisers) Bill NIA Bill 12/11-15

02.07.12

25.09.12

15.02.13

 

 

 

 

 

/ Bill progressing by accelerated passage

** Please note that any bills that received Royal Assent in the previous session have been removed from the table

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