Minutes of Proceedings

Session: 2012/2013

Date: Monday, 21 January 2013

Venue: Assembly Chamber

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 Deferred votes - Commitment to Inclusivity, Mutual Respect, Peace and Democracy

The Motion and the Amendment were debated on 15 January 2013 but the votes were deferred because a   valid Petition of Concern was presented under Standing Order 28 on 15 January 2013 in relation to the Amendment.

Proposed:

That this Assembly reaffirms its commitment to the principles of inclusivity, mutual respect, peace and democracy; condemns all acts of violence and intimidation against police officers, elected representatives, other members of society, homes and property at all times; and calls on all political parties to support the spirit of the Belfast Agreement.

Mr M Nesbitt
Mr R Swann

2.2 Amendment

Proposed:

Leave out all after ‘times;’ and insert:

‘and calls on all political parties to give full effect to their commitment to the consent principle which recognises Northern Ireland as part of the United Kingdom.’

Mr G Campbell
Mr R Newton
Mr S Hamilton

The Question being put, the Amendment fell on a cross-community vote(Division 1).

The Question being put, the Motion was carried (Division 2).

3. Speaker’s Business

3.1 Royal Assent

The Speaker advised Members that Royal Assent had been signified on 18 January 2013 to the Historical Institutional Abuse Act (Northern Ireland) 2013 and the Charities Act (Northern Ireland) 2013.

4. Assembly Business (Cont’d)

4.1 Motion - Committee Membership

Proposed:

That Mr Robin Swann replace Mr Danny Kinahan as a member of the Committee for Agriculture and Rural Development.

Mr R Swann
Mrs S Overend

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

4.2 Motion: Committee Membership

Proposed:

That Ms Bronwyn McGahan replace Mr Barry McElduff as a member of the Committee for Employment and Learning; and that Mr Barry McElduff replace Mr Phil Flanagan as a member of the Committee on Procedures.

Ms C Ruane
Mr G Kelly

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

4.3 Motion: Assembly Commission Membership

The Speaker informed Members that he had received notification of the resignation of Mr Barry McElduff as a Member of the Assembly Commission.

Proposed:

That, in accordance with Standing Order 79(4), Ms Caitriona Ruane be appointed to fill a vacancy on the Assembly Commission.

Ms C Ruane
Mr G Kelly

The Question being put, the Motion was carried with cross-community support.

5. Executive Committee Business

5.1 Statement - Telecommunications in Northern Ireland

The Minister of Enterprise, Trade and Investment, Mrs Arlene Foster, made a statement regarding Telecommunications in Northern Ireland, following which she replied to questions.

5.2 Consideration Stage - Business Improvement Districts Bill (NIA 9/11-15)

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

Three 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.

After debate, Amendment 1 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 to 18 stand part of the Bill.

After debate, Amendment 2 to Clause 19 was made without division.

After debate, Amendment 3 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.

The question being put, it was agreed without division that Clauses 20 to 22 stand part of the Bill.

Long Title

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

Bill NIA 9/11-15 passed Consideration Stage and stood referred to the Speaker.

6. Committee Business

6.1 Motion - Report on Statutory Committee Activity on European Issues May 2011 - August 2012

Proposed:

That this Assembly notes the Report of the Committee for the Office of the First Minister and deputy First Minister (NIA/81/11-15) on Statutory Committee Activity on European Issues May 2011 - August 2012.

Chairperson, Committee for the Office of the First Minister and deputy First Minister

Debate ensued.

The Deputy Speaker (Mr Dallat) took the Chair.

The debate was suspended for Question Time.

7. Question Time

7.1 Regional Development

Questions were put to, and answered by, the Minister for Regional Development, Mr Danny Kennedy.

7.2 Social Development

Questions were put to, and answered by, the Minister for Social Development, Mr Nelson McCausland.

8. Committee Business (Cont’d)

8.1 Motion - Report on Statutory Committee Activity on European Issues May 2011 - August 2012 (Cont’d)

Debate resumed on the motion.

The Deputy Speaker (Mr Beggs) took the Chair.

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

9. Private Members’ Business

9.1 Motion - The Economic Value of Northern Ireland's Historic Environment

Proposed:

That this Assembly welcomes the publication of the report 'A Study of the Economic Value of Northern Ireland's Historic Environment'; and calls on the Minister of the Environment to work with Executive colleagues to examine ways in which the report's recommendations could be implemented.

Mr S Hamilton
Mr P Weir
Mr P Frew

Debate ensued.

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

10. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 5.14pm.

Mr William Hay
The Speaker
21 January 2013

Northern Ireland Assembly

21 January 2013
Divisions

Division No. 1

Commitment to Inclusivity, Mutual Respect, Peace and Democracy - Amendment

Proposed:

Leave out all after ‘times;’ and insert:

‘and calls on all political parties to give full effect to their commitment to the consent principle which recognises Northern Ireland as part of the United Kingdom.’

Mr G Campbell
Mr R Newton
Mr S Hamilton

The Question was put and the Assembly divided.

Ayes: 47
Noes: 52

Ayes

Unionist

Mr Allister, Mr Anderson, Mr Beggs, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCausland, Mr I McCrea, Mr McGimpsey, Mr D McIlveen, Miss M McIlveen, Mr McNarry, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Storey, Mr Swann, Mr Weir, Mr Wilson.

Tellers for the Ayes: Mr Clarke and Mr G Robinson.

Noes

Nationalist

Mr Attwood, Mr Boylan, 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 McCorley, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Molloy, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Unionist

Mr McClarty, Mr B McCrea.

Other

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

Tellers for the Noes: Mr Rogers and Ms Ruane.

Total votes 99 Total Ayes 47 [47.5 %]
Nationalist Vote 41 Nationalist Ayes 0 [0.0 %%]
Unionist Votes 49 Unionist Ayes 47 [95.9 %]
Other Votes 9 Other Ayes 0 [0.0 %]

The Amendment fell on a cross-community vote.

Northern Ireland Assembly

21 January 2013
Divisions

Division No. 2

Commitment to Inclusivity, Mutual Respect, Peace and Democracy - Motion

Proposed:

That this Assembly reaffirms its commitment to the principles of inclusivity, mutual respect, peace and democracy; condemns all acts of violence and intimidation against police officers, elected representatives, other members of society, homes and property at all times; and calls on all political parties to support the spirit of the Belfast Agreement.

Mr M Nesbitt
Mr R Swann

The Question was put and the Assembly divided.

Ayes: 62
Noes: 33

Ayes

Mr Agnew, Mr Attwood, Mr Beggs, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mrs Cochrane, 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 Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr F McCann, Mr McCarthy, Mr McClarty, Ms McCorley, Mr B McCrea, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGimpsey, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Molloy, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan, Mr Swann.

Tellers for the Ayes: Mr Kinahan and Mr Nesbitt.

Noes

Mr Allister, Mr Anderson, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, Mr Craig, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, 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, Rt Hon P Robinson, Mr Ross, Mr Storey, Mr Weir, Mr Wilson.

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

The Motion was carried.

Business Improvement Districts Bill

Marshalled List of Amendments

Consideration Stage

Monday 21 January 2013

Amendments tabled up to 9.30am Thursday, 17 January 2013 and selected for debate

The Bill will be considered in the following order-

Clauses and Long Title

Amendment 1

Clause 6 , Page 3, Line 1

Leave out subsection (3) and insert -

‘(3) In this Act “eligible ratepayer” means a person who on the prescribed date occupies or is entitled to possession of relevant property, whether or not rates are payable by that person in respect of it.’

Minister for Social Development

Amendment 2

Clause 19 , Page 7, Line 26

At end insert -

‘( ) section 6(3);’

Minister for Social Development

Amendment 3

Clause 19 , Page 7, Line 27

At end insert -

‘( ) section 17(2)(b);’

Minister for Social Development

Northern Ireland Assembly

Papers Presented to the Assembly on
16 - 21 January 2013

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

Libraries NI Annual Report and Accounts 2011 – 2012 (DCAL)

Second Legislative Consent Memorandum Enterprise and Regulatory Reform Bill (DETI)

5. Assembly Reports

6. Statutory Rules

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

  • Draft S. R. The Plant Health (Amendment) Order (Northern Ireland) 2013 (DARD)
  • S. R. 2013/5 The Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2013 (DOE)
  • S. R. 2013/6 The Road Traffic (Fixed Penalty) (Amendment) Order (Northern Ireland) 2013 (DOE)

For Information Only:

  • S. R. 2013/8 The Parking Places (Disabled Persons' Vehicles) (Amendment) Order (Northern Ireland) 2013 (DRD)
  • S. R. 2013/11 The Waiting Restrictions (Fivemiletown) Order (Northern Ireland) 2013 (DRD)

7. Written Ministerial Statements

8. Consultation Documents

Department for Business Innovation & Skills Transfer of Undertakings (Protection of Employment) Regulations 2006: Consultation on Proposed Changes to the Regulations January 2013 (DEL)

9. Departmental Publications

10. Agency Publications

11. Westminster Publications

The single-tier pension: a simple foundation for saving (DWP)

Department for Work and Pensions Draft Pensions Bill (DWP)

12. Miscellaneous Publications

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