Minutes of Proceedings

Session: 2012/2013

Date: Monday, 29 April 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. Speaker’s Business

2.1 Royal Assent

The Speaker advised Members that Royal Assent had been signified on 25 April 2013 to the Water and Sewerage Services (Amendment) Act (Northern Ireland) 2013 and the Criminal Justice Act (Northern Ireland) 2013.

3. Private Members’ Business

3.1 Motion: 400 Year Historical Legacy

Proposed:

That this Assembly recognises the significant historical legacy that the last 400 years have given to Northern Ireland and in particular to Londonderry and the North West Region, with the 400th anniversary of the building of the City Walls, and the granting of charters in 1613 for the City of Londonderry and the town of Limavady; and hopes that there will be significantly increased tourism and additional employment opportunities resulting from a spectacular and momentous year.

Mr G Campbell
Mr G Robinson

3.2 Amendment 1

Proposed:

Leave out ‘town of Limavady’ and substitute: 

‘towns of Coleraine and Limavady’

Mr D McClarty   

The Amendment was withdrawn.                                                                                                                                                                        

Debate ensued.

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

3.3 Motion: Marriage Equality at the Constitutional Convention

A valid Petition of Concern was presented in relation to this motion under Standing Order 28, on Friday 26 April 2013 (Appendix 1).

Proposed:

That this Assembly recognises the importance of the Constitutional Convention; notes the participation of parties from the Assembly; welcomes the 79 per cent majority vote at the Constitutional Convention in favour of marriage equality; and calls on the Executive to bring forward the necessary legislation to allow for same sex marriage.

Ms C Ruane
Ms B McGahan
Mr B McElduff

3.4 Amendment 1

Proposed:

Leave out all after ‘equality;’ and insert:

‘states its support for the extension of civil marriage provisions in Northern Ireland to same sex couples, provided that robust legislative measures permit faith groups to define, articulate and practise religious marriage as they determine; and calls for respectful dialogue on this issue between all members of society.’

Mr D Ford
Mr S Dickson
Dr S Farry
Mr C Lyttle

Debate ensued.

The debate was suspended for Question Time.

The Deputy Speaker (Mr Dallat) took the Chair.

4. Question Time

4.1 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.

4.2 Justice

Questions were put to, and answered by, the Minister of Justice, Mr David Ford.

5. Private Members’ Business (Cont’d)

5.1 Motion: Marriage Equality at the Constitutional Convention

Debate resumed on the Motion.

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

The Question being put, the Motion was negatived on a cross-community vote (Division 2).

6. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 4.14pm.

Mr William Hay
The Speaker
29 April 2013

Appendix 1

Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a Petition of Concern, in accordance with Standing Order 28, on Friday 26 April 2013 in relation to the following motion:

Marriage Equality at the Constitutional Convention

That this Assembly recognises the importance of the Constitutional Convention; notes the participation of parties from the Assembly; welcomes the 79 per cent majority vote at the Constitutional Convention in favour of marriage equality; and calls on the Executive to bring forward the necessary legislation to allow for same sex marriage.

MR SYDNEY ANDERSON
MS PAULA BRADLEY
MS PAM BROWN
MR THOMAS BUCHANAN
MR GREGORY CAMPBELL
MR TREVOR CLARKE
MR JONATHAN CRAIG
MR SAMMY DOUGLAS
MR GORDON DUNNE
MR ALEX EASTON
MR PAUL FREW
MR PAUL GIRVAN
MR PAUL GIVAN
MRS BRENDA HALE
MR SIMON HAMILTON
MR DAVID HILDITCH
MR WILLIAM HUMPHREY
MR WILLIAM IRWIN
MR IAN MCCREA
MR DAVID MCILVEEN
MISS MICHELLE MCILVEEN
MR ADRIAN MCQUILLAN
THE LORD MORROW
MR STEPHEN MOUTRAY
MR ROBIN NEWTON
MR GEORGE ROBINSON
MR ALASTAIR ROSS
MR JIMMY SPRATT
MR MERVYN STOREY
MR PETER WEIR
MR JIM WELLS

Northern Ireland Assembly

29 April 2013
Divisions

Division No. 1

Motion: Marriage Equality at the Constitutional Convention - Amendment 1

Proposed:

Leave out all after ‘equality;’ and insert:

‘states its support for the extension of civil marriage provisions in Northern Ireland to same sex couples, provided that robust legislative measures permit faith groups to define, articulate and practise religious marriage as they determine; and calls for respectful dialogue on this issue between all members of society.’

Mr D Ford
Mr S Dickson
Dr S Farry
Mr C Lyttle

The Question was put and the Assembly divided.

Ayes: 46
Noes: 51

AYES

Mr Agnew, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Copeland, 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 McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Dickson and Mr Lyttle

NOES

Mr Allister, Mr Anderson, Mr Beggs, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, 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 Lunn, Mr McCausland, Mr I McCrea, Mr McGimpsey, Mr D McIlveen, Miss M McIlveen, Mr McNarry, Mr McQuillan, Lord Morrow, Mr Moutray, 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 Clarke and Mr McQuillan.

The following Members voted in both Lobbies and are therefore not counted in the result: Mrs Cochrane, Mr McCarthy

The Amendment fell.

Northern Ireland Assembly

29 April 2013
Divisions

Division No. 2

Motion - Marriage Equality at the Constitutional Convention

Proposed:

That this Assembly recognises the importance of the Constitutional Convention; notes the participation of parties from the Assembly; welcomes the 79 per cent majority vote at the Constitutional Convention in favour of marriage equality; and calls on the Executive to bring forward the necessary legislation to allow for same sex marriage.

Ms C Ruane
Ms B McGahan
Mr B McElduff

Question was put and the Assembly divided.

Ayes: 42
Noes: 53

AYES

NATIONALIST:

Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, 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, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Ms S Ramsey, Ms Ruane, Mr Sheehan.

UNIONIST:

Mr Copeland, Mr McCallister, Mr B McCrea.

OTHER:

Mr Agnew, Ms Lo.

Tellers for the Ayes: Ms McGahan and Ms Ruane.

NOES

UNIONIST:

Mr Allister, Mr Anderson, Mr Beggs, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, 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 McNarry, Mr McQuillan, Lord Morrow, Mr Moutray, 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.

OTHER:

Mrs Cochrane, Mr Lunn, Mr McCarthy.

Tellers for the Noes: Mr Clarke and Mr McQuillan.

Total votes                               95                                           Total Ayes                            42           [44.2%]

Nationalist Vote                      37                                           Nationalist Ayes                  37           [100.0%%]

Unionist Votes                         53                                           Unionist Ayes                       3              [5.7%]

Other Votes                               5                                            Other Ayes                          2              [40.0%]

The following Members voted in both Lobbies and are therefore not counted in the result: Mr Dickson, Mr Ford, Mr Lyttle.

The Motion was negatived on a cross-community vote.

Northern Ireland Assembly

Papers Presented to the Assembly on
24 April - 29 April 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

Arts Council of Northern Ireland Annual Report and Accounts for the year ended 31 March 2012 (DCAL)

A Corporate Governance Inspection of the Public Prosecution Service for Northern Ireland April 2013 (DOJ)

Memorandum of Understanding between the Department for Employment and Learning and the Office of Qualifications and Examinations Regulation April 2013 (DEL)

5. Assembly Reports

Report on Assembly Committees’ Priorities for European Scrutiny 2013 (OFMDFM) (NIA 108/11-15)

Invest NI: A Performance Review (PAC) (NIA 109/11-15)

6. Statutory Rules

S. R. 2013/104 (C. 6) The Transport (2011 Act) (Commencement No. 1) Order (Northern Ireland) 2013 (DRD)

S. R. 2013/107 Agriculture (Student fees) (Amendment) Regulations (Northern Ireland) 2013 (DARD)

S. R. 2013/114 Appointment of Consultants (Amendment) Regulations (Northern Ireland) 2013 (DHSSPS)

For Information Only:

S. R. 2013/111 The Waiting Restrictions (Enniskillen) Order (Northern Ireland) 2013 (DRD)

S. R. 2013/112 The Parking and Waiting Restrictions (Armagh) (Amendment) Order (Northern Ireland) 2013 (DRD)

S. R. 2013/113 The Road Races (Mourne Rally) Order (Northern Ireland) 2013 (DRD)

7. Written Ministerial Statements
8. Consultation Documents

Proposal for the Train Driving Licences and Certificates (Amendment) Regulations (Northern Ireland) 2013 (DRD)

Proposal for the Railways (Safety Management) (Amendment) Regulations (Northern Ireland) 2013 (DRD)

9. Departmental Publications
10. Agency Publications
11. Westminster Publications
12. Miscellaneous Publications

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