Minutes of Proceedings

Session: 2011/2012

Date: Monday, 19 September 2011

Venue: Assembly Chamber

No. 15-11/12

The Assembly met at noon, the Speaker in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Assembly Business

2.1 Designation of Acting deputy First Minister

The Speaker informed Members that he had received a letter from the deputy First Minister, Mr Martin McGuinness, advising that under section 16A (11) of the Northern Ireland Act 1998, he has designated the Minister of Education, Mr John O’Dowd, to exercise the functions of the office of deputy First Minister, effective from Tuesday 20 September 2011.

The Principal Deputy Speaker took the Chair.

3. Executive Committee Business

3.1 North South Ministerial Council Meeting in Environment Sectoral Format

The Minister of the Environment, Mr Alex Attwood, made a statement regarding the North South Ministerial Council meeting in Environment sectoral format, following which he replied to questions.

4. Private Members’ Business

4.1 Motion - Fuel Poverty
Proposed:

That this Assembly recognises the serious problem of fuel poverty, especially amongst older people; acknowledges the adverse impact that rising fuel bills are likely to have on the ability of older people to keep warm and healthy; and calls on the Minister for Social Development to make representations to Her Majesty's Government to continue to support Age Sector Platform's call to maintain this year's winter fuel payment at its current level of £250 for pensioner households where someone is aged between 60 and 79, and £400 where someone is aged 80 and over.

Mr D McIlveen
Mr P Frew

The Deputy Speaker (Mr Dallat) took the Chair.

4.2 Amendment

Proposed:
At end insert:

‘; and further calls on the Minister to increase funding for the Green New Deal to provide the energy efficiency measures required to tackle fuel poverty in the long-term.’

Mr S Agnew

Debate ensued.

The Question being put, the Amendment was made without division.

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

The Deputy Speaker (Mr Beggs) took the Chair.

5. Question Time

5.1 Finance and Personnel

Questions were put to, and answered by, the Minister of Finance and Personnel, Mr Sammy Wilson.

5.2 Health, Social Services and Public Safety

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

The Speaker took the Chair.

6. Private Members’ Business (Cont’d)

6.1 Motion - Restoration of Confidence in the Office of the Police Ombudsman
Proposed:

That this Assembly welcomes the Criminal Justice Inspection report into the Office of the Police Ombudsman; and calls on the Minister of Justice to take the necessary measures to ensure that full confidence is restored in the Office.

Mr R McCartney
Ms J McCann
Mr G Kelly

6.2 Amendment No. 1
Proposed:
Leave out all after ‘Ombudsman’ and insert:

‘; notes the damage caused to the Office by the investigation of historic cases; and calls upon the Minister of Justice to permanently suspend any new historic investigations by the Office of the Police Ombudsman and bring forward proposals to create public and police confidence in the Ombudsman’s office, including independent oversight.’

Mr P Weir
Mr J Wells
Mr S Anderson

6.3 Amendment No. 2
Proposed:
At end insert:

‘; and further calls on the current Police Ombudsman to resign with immediate effect.’

Mr C McDevitt
Mr A Maginness

Debate ensued.

The Principal Deputy Speaker took the Chair.

Amendment No. 1 being put, the Amendmentwas made (Division 1)

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

The Question being put, the Motion, as amended, was carried (Division 3).

7. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 5.55pm.

Mr William Hay
The Speaker
19 September 2011

Northern Ireland Assembly

19 September 2011
Divisions

Division No. 1

Restoration of Confidence in the Office of the Police Ombudsman - Amendment 1

Proposed:

Leave out all after ‘Ombudsman’ and insert:

‘; notes the damage caused to the Office by the investigation of historic cases; and calls upon the Minister of Justice to permanently suspend any new historic investigations by the Office of the Police Ombudsman and bring forward proposals to create public and police confidence in the Ombudsman’s office, including independent oversight.’

Mr P Weir
Mr J Wells
Mr S Anderson

The Question was put and the Assembly divided.

Ayes: 47
Noes: 44

Ayes

Mr Allister, Mr S Anderson, Mr Beggs, Mr Bell, Ms P Bradley, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mr Frew, Mr Girvan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kennedy, Mrs Lewis, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McGimpsey, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr Craig and Mr McQuillan.

Noes

Mr Agnew, Ms M Anderson, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr W Clarke, Mrs Cochrane, Mr Dallat, Mr Dickson, Mr Doherty, Mr Durkan, Mr Eastwood, Dr Farry, Mr Ford, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Lunn, Mr Lynch, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McMullan, Mr A Maginness, Mr A Maskey, Mr Murphy, Mr Ó hOisín, Mr O’Dowd, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Mr Sheehan.

Tellers for the Noes: Mr McCartney and Mr McMullan.

The Amendment was made.

Northern Ireland Assembly

19 September 2011
Divisions

Division No. 2

Restoration of Confidence in the Office of the Police Ombudsman - Amendment 2

Proposed:
At end insert:

‘; and further calls on the current Police Ombudsman to resign with immediate effect.’

Mr C McDevitt
Mr A Maginness

The Question was put and the Assembly divided.

Ayes: 38
Noes: 53

Ayes

Mr Agnew, Ms M Anderson, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr W Clarke, Mr Dallat, Mr Doherty, Mr Durkan, Mr Eastwood, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr F McCann, Ms J McCann, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McMullan, Mr A Maginness, Mr A Maskey, Mr Murphy, Mr Ó hOisín, Mr O’Dowd, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Mr Sheehan.

Tellers for the Ayes: Mr Durkan and Mr Eastwood.

Noes

Mr Allister, Mr S Anderson, Mr Beggs, Mr Bell, Ms P Bradley, Mr Buchanan, Mr Campbell, Mr T Clarke, Mrs Cochrane, Mr Copeland, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Dr Farry, Mr Ford, Mr Frew, Mr Girvan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kennedy, Mrs Lewis, Mr Lunn, Mr McCallister, Mr McCarthy, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McGimpsey, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Mr Craig and Mr McQuillan.

The Amendment fell.

Northern Ireland Assembly

19 September 2011
Divisions

Division No. 3

Restoration of Confidence in the Office of the Police Ombudsman - Motion as amended

Proposed:

That this Assembly welcomes the Criminal Justice Inspection report into the Office of the Police Ombudsman; notes the damage caused to the Office by the investigation of historic cases; and calls upon the Minister of Justice to permanently suspend any new historic investigations by the Office of the Police Ombudsman and bring forward proposals to create public and police confidence in the Ombudsman’s office, including independent oversight.

The Question, as amended, was put and the Assembly divided.

Ayes: 47
Noes: 44

Ayes

Mr Allister, Mr S Anderson, Mr Beggs, Mr Bell, Ms P Bradley, Mr Buchanan, Mr Campbell, Mr T Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mr Frew, Mr Girvan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kennedy, Mrs Lewis, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McGimpsey, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Rt Hon P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr Craig and Mr McQuillan.

Noes

Mr Agnew, Ms M Anderson, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr W Clarke, Mrs Cochrane, Mr Dallat, Mr Dickson, Mr Doherty, Mr Durkan, Mr Eastwood, Dr Farry, Mr Ford, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Mr Lunn, Mr Lynch, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McMullan, Mr A Maginness, Mr A Maskey, Mr Murphy, Mr Ó hOisín, Mr O’Dowd, Mrs O’Neill, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Mr Sheehan.

Tellers for the Noes: Mr McCartney and Mr McMullan.

The Motion, as amended, was carried.

Northern Ireland Assembly

Papers Presented to the Assembly on
14 - 19 September 2011

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

Department of Education Resource Accounts for the year ended 31 March 2011 (DFP)

National Museums Northern Ireland Annual Report and Accounts 2009-2010 (DCAL)

An Independent Review of the Work Capability Assessment for Northern Ireland (DSD)

InterTradeIreland: Annual Review of Activities and Annual Accounts 2010 (DETI)

5. Assembly Reports

6. Statutory Rules

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

  • Draft S.R 2011/ The Local Government (Rates Support Grant) Regulations (Northern Ireland) 2011 (DOE)
  • S.R. 2011/301 The Public Service Vehicles (Amendment) Regulations (Northern Ireland) 2011 (DOE)
  • S.R. 2011/302 The Public Services Vehicles (Conditions of Fitness, Equipment and Use) (Amendment) Regulations (Northern Ireland) 2011 (DOE)
  • S.R. 2011/303 The Motor Vehicles (Construction and Use) (Amendment No.2) Regulations (Northern Ireland) 2011 (DOE)
  • S.R. 2011/304 The Public Service Vehicles Accessibility (Amendment) Regulations (Northern Ireland) 2011 (DOE)
  • S.R. 2011/314 The Donaghadee Road, Groomsport (Abandonment) Order (Northern Ireland) 2011 (DRD)
  • S.R. 2011/320 The Healthy Start Scheme and Day Care Food Scheme (Amendment No.2) Regulations (Northern Ireland) 2011 (DHSSPS)

For Information Only:

  • S.R. 2011/306 (C.22) The Local Government Finance (2011 Act) (Commencement) Order (Northern Ireland) 2011 (DOE)
  • S.R. 2011/307 The Parking Places (Disabled Persons' Vehicles) (Amendment No.8) Order (Northern Ireland) 2011 (DRD)
  • S.R. 2011/308 The Waiting Restrictions (Enniskillen) (Amendment) Order (Northern Ireland) 2011 (DRD)
  • S.R. 2011/309 The Parking and Waiting Restrictions (Omagh) (No.2) Order (Amendment) Order (Northern Ireland) 2011 (DRD)
  • S.R. 2011/310 The Waiting Restrictions (Dundonald) Order (Northern Ireland) 2011 (DRD)
  • S.R. 2011/311 The Control of Traffic (Bangor) (Amendment) Order (Northern Ireland) 2011 (DRD)
  • S.R. 2011/313 The Off-Street Parking (Amendment No.3) Order (Northern Ireland) 2011 (DRD)
  • S.R. 2011/316 The One-Way Traffic (Newtownabbey) (Amendment) Order (Northern Ireland) 2011 (DRD)
  • S.R. 2011/317 The Parking Places on Roads (Newtownabbey) Order (Northern Ireland) 2011 (DRD)

7. Written Ministerial Statements

8. Consultation Documents

The Draft Local Government Best Value (Exclusion of Non-commercial Consideration) Order (Northern Ireland) 2011 and Associated Guidance (DOE)

Public Consultation - High Hedges Act (Northern Ireland) 2011 Draft Guidance (DOE)

9. Departmental Publications

10. Agency Publications

11. Westminster Publications

12. Miscellaneous Publications

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