Minutes of Proceedings

Session: 2013/2014

Date: Monday, 20 January 2014

Venue: Plenary Chamber

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

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Speaker’s Business

2.1 Royal Assent

The Speaker informed Members that Royal Assent had been signified on 17 January 2014 to the Road Races (Amendment) Act (Northern Ireland) 2014.

3. Executive Committee Business

3.1 Statement - North South Ministerial Council Institutional meeting

The deputy First Minister, Mr Martin McGuinness, made a statement regarding the North South Ministerial Council Institutional meeting, following which he replied to questions.

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

3.2 Statement – North South Ministerial Council meeting in Agriculture Sectoral format

The Minister of Agriculture and Rural Development, Mrs Michelle O’Neill, made a statement regarding the North South Ministerial Council meeting in Agriculture Sectoral format, following which she replied to questions.

3.3 Statement – British-Irish Council Ministerial meeting in Housing Workstream Sectoral format

The Minister for Social Development, Mr Nelson McCausland, made a statement regarding the British-Irish Council Ministerial meeting in Housing Workstream Sectoral format, following which he replied to questions.

4. Executive Committee Business

4.1 Consideration Stage – Health and Social Care (Amendment) Bill (NIA 27/11-15)

The Minister of Health, Social Services and Public Safety, Mr Edwin Poots, moved the Consideration Stage of the Health and Social Care (Amendment) Bill (NIA 27/11-15).

No amendments were tabled to the Bill.

Clauses

The question being put, it was agreed without division that Clauses 1 to 5 stand part of the Bill.

Schedule

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

Long Title

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

The Health and Social Care (Amendment) Bill (NIA 27/11-15) stood referred to the Speaker.

4.2 First Stage – Reservoirs Bill (NIA 31/11-15)

The Minister of Agriculture and Rural Development, Mrs Michelle O’Neill, introduced a Bill to make provision about the regulation of the management, construction and alteration of certain reservoirs, in particular in relation to their safety to collect and store water; and for connected purposes.

The Reservoirs Bill (NIA 31/11-15) passed First Stage and ordered to be printed.

5. Private Members’ Business

5.1 Motion – Rural Development Funding within the Common Agricultural Policy

Proposed:

That this Assembly expresses dissatisfaction with the Minister of Agriculture and Rural Development for her failure to effectively consult with Executive colleagues on her plans to transfer funds from Pillar 1 to Pillar 2 within the Common Agricultural Policy; notes with concern the ensuing events which saw the issue brought before the High Court; accepts that, whilst farmers will benefit through increased direct payments, they and many rural communities and organisations may now lose out through significantly reduced rural development funding; and calls on the Minister of Agriculture and Rural Development to commit to seeking sufficient funding for the future Rural Development Programme to efficiently and effectively deliver a range of schemes, including those to support our burgeoning agri-food sector, increase farm safety measures, incentivise farm modernisation and capital investment, promote agri-environment measures and support our rural economy and communities.

Mrs J Dobson
Mr R Swann

5.2 Amendment

Proposed:

Leave out from ‘for her failure’ to ‘plans’ and insert:

‘and the Minister of Finance and Personnel for their failure to effectively consult with each other or with their Executive colleagues over the recent attempt’

Ms A Lo
Mrs J Cochrane

Debate ensued.

The debate was suspended for Question Time.

The Deputy Speaker (Mr Dallat) took the Chair.

6. Question Time

6.1 Employment and Learning

Questions were put to, and answered by, the Minister for Employment and Learning, Dr Stephen Farry.

6.2 Enterprise, Trade and Investment

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

7. Private Members’ Business (cont’d)

7.1 Motion – Rural Development Funding within the Common Agricultural Policy

Debate resumed on the Motion.

The Deputy Speaker (Mr Beggs) took the Chair.

The Question being put, the Amendment was made (Division 1).

The Question being put, the Motion as Amended was negatived (Division 2).

The Speaker took the Chair.

7.2 Motion – Smithwick Tribunal Report

Proposed:

That this Assembly expresses concern at the findings of the Smithwick Tribunal Report; calls on the Irish Government to take the necessary action to ensure that those responsible for criminal acts within their jurisdiction are brought to justice; and further calls upon the Minister of Justice and the Chief Constable of the PSNI to have urgent discussions with their counterparts in the Republic of Ireland to ensure that they take all practical steps to prevent any repeat of such atrocities.

Mr P Givan
Mr J Wells
Mr W Humphrey
Mr S Anderson

7.3 Amendment

Proposed:

Leave out all after ‘Irish Government’ and insert:

‘and authorities to take the necessary action to ensure that those responsible for criminal acts within their jurisdiction are brought to justice; acknowledges the response of An Garda Síochána to learn lessons and do whatever is necessary arising from the Report; further acknowledges the exceptionally good co-operation between Justice Departments, PSNI and An Garda Síochána respectively and the commitment to together fight terrorism, organised crime and wrong doing from whatever source; welcomes the decisive response of An Tánaiste to the Report and endorses the recommendations of the Report, including those around a structured framework for cross border policing.

Mr A Maginness
Mrs D Kelly

Debate ensued.

The Question being put, the Amendment fell (Division 3).

The Question being put, the Motion was carried (Division 4).

8. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 6.36pm.

Mr William Hay
The Speaker

20 January 2014

Northern Ireland Assembly

20 January 2014
Division 1

Motion – Rural Development Funding within the Common Agricultural Policy - Amendment

Proposed:

Leave out from ‘for her failure’ to ‘plans’ and insert:

‘and the Minister of Finance and Personnel for their failure to effectively consult with each other or with their Executive colleagues over the recent attempt’

Ms A Lo
Mrs J Cochrane

The Question was put and the Assembly divided.

Ayes: 60
Noes: 37

AYES

Mr Agnew, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Copeland, Mr Cree, Mr Dallat, Mr Dickson, Mrs Dobson, Mr Durkan, Mr Eastwood, Mr Elliott, Dr Farry, Ms Fearon, Mr Flanagan, Mr Ford, Mr Gardiner, Mr Hazzard, Mr Hussey, Mrs D Kelly, Mr G Kelly, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lynch, Mr Lyttle, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGimpsey, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr A Maginness, Mr Milne, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr P Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan, Mr Swann.

Tellers for the Ayes: Ms Lo and Mr McCarthy

NOES

Mr Allister, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan,Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Mr McQuillan and Mr G Robinson

The Amendment was made.

Northern Ireland Assembly

20 January 2014
Division 2

Motion – Rural Development Funding within the Common Agricultural Policy

Proposed:

That this Assembly expresses dissatisfaction with the Minister of Agriculture and Rural Development and the Minister of Finance and Personnel for their failure to effectively consult with each other or with their Executive colleagues over the recent attempt to transfer funds from Pillar 1 to Pillar 2 within the Common Agricultural Policy; notes with concern the ensuing events which saw the issue brought before the High Court; accepts that, whilst farmers will benefit through increased direct payments, they and many rural communities and organisations may now lose out through significantly reduced rural development funding; and calls on the Minister of Agriculture and Rural Development to commit to seeking sufficient funding for the future Rural Development Programme to efficiently and effectively deliver a range of schemes, including those to support our burgeoning agri-food sector, increase farm safety measures, incentivise farm modernisation and capital investment, promote agri-environment measures and support our rural economy and communities.

The Question was put and the Assembly divided.

Ayes: 34
Noes: 63

AYES

Mr Agnew, Mr Allister, Mr Attwood, Mr D Bradley, Mr Byrne, Mr Copeland, Mr Cree, Mr Dallat, Mr Dickson, Mrs Dobson, Mr Durkan, Mr Eastwood, Mr Elliott, Dr Farry, Mr Ford, Mr Gardiner, Mr Hussey, Mrs D Kelly, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lyttle, Mr McCarthy, Dr McDonnell, Mr McGimpsey, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness, Mr Nesbitt, Mrs Overend, Mr P Ramsey, Mr Rogers, Mr Swann.

Tellers for the Ayes: Mrs Dobson and Mr Swann

NOES

Mr Bell, Mr Boylan, Ms Boyle, Ms P Bradley, Mr Brady, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr I McCrea, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr McQuillan, Mr Milne, Lord Morrow, Mr Moutray,
Mr Newton, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Mr McMullan and Mr Milne

The Motion, as amended was negatived.

Northern Ireland Assembly

20 January 2014
Division 3

Motion – Smithwick Tribunal Report - Amendment

Proposed:

Leave out all after ‘Irish Government’ and insert:

‘and authorities to take the necessary action to ensure that those responsible for criminal acts within their jurisdiction are brought to justice; acknowledges the response of An Garda Síochána to learn lessons and do whatever is necessary arising from the Report; further acknowledges the exceptionally good co-operation between Justice Departments, PSNI and An Garda Síochána respectively and the commitment to together fight terrorism, organised crime and wrong doing from whatever source; welcomes the decisive response of An Tánaiste to the Report and endorses the recommendations of the Report, including those around a structured framework for cross border policing.

Mr A Maginness
Mrs D Kelly

The Question was put and the Assembly divided.

Ayes: 46
Noes: 52

AYES

Mr Attwood, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mrs Cochrane, Mr Dallat, Mr Dickson, Mr Durkan, Mr Eastwood, Dr Farry, Ms Fearon, Mr Flanagan, Mr Ford, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lynch, Mr Lyttle, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin,
Mr Mitchel McLaughlin, Mr McMullan, Mr A Maginness, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mr P Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr D Bradley and Mr Byrne

NOES

Mr Agnew, Mr Allister, Mr Anderson, Mr Beggs, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCausland, 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,Mr G Robinson, Mr P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Mr McQuillan and Mr G Robinson

The Amendment fell.

Northern Ireland Assembly

20 January 2014
Division 4

Motion – Smithwick Tribunal Report

Proposed:

That this Assembly expresses concern at the findings of the Smithwick Tribunal Report; calls on the Irish Government to take the necessary action to ensure that those responsible for criminal acts within their jurisdiction are brought to justice; and further calls upon the Minister of Justice and the Chief Constable of the PSNI to have urgent discussions with their counterparts in the Republic of Ireland to ensure that they take all practical steps to prevent any repeat of such atrocities.

Ms P Givan
Mr J Wells
Mr W Humphrey
Mr S Anderson

The Question was put and the Assembly divided.

Ayes: 58
Noes: 39

AYES

Mr Agnew, Mr Allister, Mr Anderson, Mr Beggs, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr 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, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lyttle, Mr McCarthy, Mr McCausland, 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, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr McQuillan and Mr G Robinson

NOES

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 McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr A Maginness, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mr P Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Byrne and Ms Ruane

The Motion was carried.

Northern Ireland Assembly

Papers Presented to the Assembly on
15 - 20 January 2014

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 Enterprise, Trade and Investment Petroleum Production Account for the year ended 31 March 2013 (DETI)

Department of Enterprise, Trade and Investment Mineral Development Account for the year ended 31 March 2013 (DETI)

General Teaching Council for Northern Ireland Annual Report and Accounts 2011-12 (DE)

5. Assembly Reports

6. Statutory Rules

S. R. 2014/3 The General Dental Services (Amendment) Regulations (Northern Ireland) 2014 (DHSSPS)

S. R. 2014/6 The Disert Road, Draperstown (Abandonment) Order (Northern Ireland) 2014 (DRD)

For Information Only:

S. R. 2014/4 The Waiting Restrictions (Ballykelly) Order (Northern Ireland) 2014 (DRD)

S. R. 2014/5 The Loading Bays and Parking Places on Roads (Amendment) Order (Northern Ireland) 2014 (DRD)

S. R. 2014/7 The Parking Places on Roads (Electric Vehicles) (Amendment) Order (Northern Ireland) 2014 (DRD)

7. Written Ministerial Statements

8. Consultation Documents

Delivering Social Change for Children and Young People Consultation (OFMDFM)

9. Departmental Publications

Rural White Paper Action Plan - Annual Progress Report 2013 (DARD)

10. Agency Publications

11. Westminster Publications

12. Miscellaneous Publications

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