Minutes of Proceedings

Session: 2011/2012

Date: Tuesday, 27 March 2012

The Assembly met at 10.30am, the Deputy Speaker (Mr Beggs) in the Chair.

1.    Personal Prayer or Meditation

Members observed two minutes’ silence.

2.    Executive Committee Business

2.1  Statement - North-South Ministerial Council meeting in Trade and Business Development sectoral format

The Minister of Enterprise, Trade and Investment, Mrs Arlene Foster, made a statement regarding the North-South Ministerial Council meeting in Trade and Business sectoral format, following which she replied to questions.

2.2  Consideration Stage - Pensions Bill (NIA 3/11-15)

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

Seven amendments were tabled to the Bill.

Clauses

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

As Amendment 1 was not made, Amendments 2 to 4 were not called.

The sitting was suspended at 12.31pm.

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

3.    Question Time

3.1  Justice

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

3.2  Regional Development

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

3.3  Assembly Commission

Questions were put to, and answered by, Members of the Assembly Commission.

The Deputy Speaker (Mr Beggs) took the Chair.

 4.   Executive Committee Business (Cont’d)

4.1  Consideration Stage - Pensions Bill (NIA 3/11-15) (Cont’d)

Debate resumed on the motion.

After debate, Amendment 5 to Clause 1 was negatived (Division 2).

The question being put, it was agreed on division that Clause 1 stand part of the Bill (Division 3).

After debate, Amendment 6 was not moved.

The question being put, it was agreed without division that Clauses 2 and 3 stand part of the Bill.

The question being put, it was agreed without division that Clauses 4 to 18 stand part of the Bill.

The question being put, it was agreed without division that Clauses 19 to 25 stand part of the Bill.

The question being put, it was agreed without division that Clauses 26 to 30 stand part of the Bill.

The question being put, it was agreed without division that Clauses 31 to 34 stand part of the Bill.

Schedules

After debate, Amendment 7 was not moved.

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

The question being put, it was agreed without division that Schedules 2 to 4 stand part of the Bill.

Long Title

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

Bill NIA 3/11-15 passed Consideration Stage and stood referred to the Speaker.

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

5.    Private Members’ Business

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

5.1  Review of the Serious Organised Crime and Police Act 2005

Proposed:

That this Assembly registers its concerns in relation to the quality and reliability of evidence provided by assisting offenders under the Serious Organised Crime and Police Act 2005, as witnessed in the recent supergrass trial, and the subsequent undermining of confidence in the administration of justice; believes that it is essential that the criminal justice system operates in a transparent manner which respects the rights and entitlements of all citizens and engenders maximum public confidence in our policing and justice systems; and calls on the Minister of Justice and the Attorney General to use their powers to call for an immediate review of the operation of the legislation.

Ms J McCann
Mr R McCartney
Mr S Lynch

5.2       Amendment 1

Proposed:

Leave out all after ‘offenders’ and insert:

‘in the recent trial which used evidence under the Serious Organised Crime and Police Act 2005, and the subsequent undermining of confidence in the administration of justice; recognises that assisting offenders can be a powerful tool in the fight against serious and organised crime; believes that it is essential that the criminal justice system operates in a transparent manner which respects the rights and entitlements of all citizens, protects the public against criminals and engenders maximum public confidence in our policing and justice systems; and calls on the Minister of Justice to ensure that there are positive working relationships between the Police Service of Northern Ireland and the Public Prosecution Service in the operation of the legislation, and that adequate accountability measures are in place.’

Mr B McCrea
Mr R Hussey
Mr R Beggs

5.3       Amendment 2 

Proposed:

Leave out all after ‘2005’ and insert:

‘in the Tommy English murder trial, and the subsequent undermining of confidence in the administration of justice; believes that it is essential that the criminal justice system operates in a transparent manner which respects the rights and entitlements of all citizens and engenders maximum public confidence in our policing and justice systems; and calls on the Minister of Justice and the Attorney General to use their powers to call for an immediate review of the operational decisions taken in the aforementioned murder trial and the role of the Independent Oversight Panel in the police investigation.’

Mr P Givan
Mr J Craig
Mr P Weir

Debate ensued.

The Question being put, Amendment No. 1 fell (Division 4).

The Question being put, Amendment No. 2 fell (Division 5).

The Question being put, the Motion was negatived (Division 6).

6.    Adjournment

Mr Joe Byrne spoke to his topic on Investment in sporting, cultural and tourism related projects and initiatives in West Tyrone.

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 8.10pm.

Mr William Hay
The Speaker
27 March 2012

Northern Ireland Assembly

27 March 2012
Division 1

Consideration Stage: Pensions Bill (NIA 3/11-15) - Amendment 1

Proposed:

Clause 1, Page 1, Line 7

Leave out ‘1953’ and insert ‘1955’

Mr M Durkan

The Question was put and the Assembly divided.

Ayes: 27

Noes: 49

Ayes

Mr Agnew, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr W Clarke, Mr Dallat, Mr Durkan, Mr Eastwood, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr McDevitt, Mr McElduff, Mr McGlone, Mr McKay, Mrs McKevitt, Mr McLaughlin, Mr McMullan, Mr A Maginness, Mr A Maskey, Mr Molloy, Mr Murphy,
Mr Ó hOisín, Mr P Ramsey, Ms S Ramsey

Tellers for the Ayes: Mr Byrne and Mr Dallat.

Noes

Mr Allister, Mr S Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr T Clarke, Mr Copeland, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, 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 McCallister, Mr McCarthy,
Mr McCausland, Mr B McCrea, Mr I McCrea, Miss M McIlveen, Mr McNarry, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Poots, Mr G Robinson, Mr Ross, Mr Storey, Mr Swann, Mr Weir, Mr Wells.

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

The Amendment fell.

Northern Ireland Assembly

27 March 2012
Division 2

Consideration Stage: Pensions Bill (NIA 3/11-15) - Amendment 5

Proposed:

Clause 1, Page 2, Line 17

At end insert -

‘(8) This section shall be disregarded for the purposes of determining entitlement to Winter Fuel Payment in accordance with the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000.’

Mr A Maskey
Mr M Brady

The Question was put and the Assembly divided.

Ayes: 34

Noes: 45

Ayes

Mr Agnew, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr W Clarke, Mr Dallat, Mr Dickson, Mr Durkan, Mr Eastwood, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr F McCann,
Ms J McCann, Mr McCarthy, Mr McCartney, Mr McElduff, Mr McGlone, Mr McKay, Mrs McKevitt,
Mr McLaughlin, Mr McMullan, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr Molloy, Mr Murphy,
Mr Ó hOisín, Ms S Ramsey, Mr Sheehan.

Tellers for the Ayes: Mr Brady and Mr F McCann.

Noes

Mr Allister, Mr S Anderson, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr T Clarke,
Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea,
Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mrs Overend, Mr Poots,
Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Storey, Mr Swann, Mr Weir, Mr Wells.

Tellers for the Noes: Ms Brown and Mr Easton.

The Amendment fell.

Northern Ireland Assembly

27 March 2012
Division 3

Consideration Stage: Pensions Bill (NIA 3/11-15) - Clause 1 Stand Part

Minister for Social Development

The Question was put and the Assembly divided.

Ayes: 45

Noes: 30

Ayes

Mr Allister, Mr S Anderson, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr T Clarke,
Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea,
Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mrs Overend, Mr Poots,
Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Storey, Mr Swann, Mr Weir, Mr Wells.

Tellers for the Ayes: Ms Brown and Mr Easton.

Noes

Mr Agnew, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr W Clarke, Mr Dallat, Mr Durkan, Mr Eastwood, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr F McCann, Ms J McCann, Mr McCartney,
Mr McElduff, Mr McGlone, Mr McKay, Mrs McKevitt, Mr McLaughlin, Mr McMullan, Mr A Maginness,
Mr A Maskey, Mr P Maskey, Mr Molloy, Mr Murphy, Mr Ó hOisín, Ms S Ramsey, Mr Sheehan.

Tellers for the Noes: Mr Brady and Mr F McCann.

The question that clause 1 stand part was carried.

Northern Ireland Assembly

27 March 2012
Division 4

Review of the Serious Organised Crime and Police Act 2005 - Amendment 1

Proposed:

Leave out all after ‘offenders’ and insert:

‘in the recent trial which used evidence under the Serious Organised Crime and Police Act 2005, and the subsequent undermining of confidence in the administration of justice; recognises that assisting offenders can be a powerful tool in the fight against serious and organised crime; believes that it is essential that the criminal justice system operates in a transparent manner which respects the rights and entitlements of all citizens, protects the public against criminals and engenders maximum public confidence in our policing and justice systems; and calls on the Minister of Justice to ensure that there are positive working relationships between the Police Service of Northern Ireland and the Public Prosecution Service in the operation of the legislation, and that adequate accountability measures are in place.’

Mr B McCrea
Mr R Hussey
Mr R Beggs

The Question was put and the Assembly divided.

Ayes: 15

Noes: 56

Ayes

Mr Allister, Mr Beggs, Mr Cree, Mr Dickson, Mrs Dobson, Mr Elliott, Mr Ford, Mr Gardiner,
Mr Hussey, Ms Lo, Mr Lunn, Mr McCallister, Mr McCarthy, Mr B McCrea, Mr Swann.

Tellers for the Ayes: Mr Hussey and Mr B McCrea.

Noes

Mr Agnew, Mr S Anderson, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Ms P Bradley, Mr Brady,
Ms Brown, Mr Buchanan, Mr Byrne, Mr Campbell, Mr T Clarke, Mr W Clarke, Mr Craig, Mr Dallat,
Mr Douglas, Mr Dunne, Mr Easton, Mr Eastwood, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Lynch, Mr F McCann, Ms J McCann, Mr McCartney, Mr McDevitt,
Dr McDonnell, Mr McElduff, Miss M McIlveen, Mr McKay, Mrs McKevitt, Mr McLaughlin, Mr McMullan, Mr A Maginness, Mr A Maskey, Mr P Maskey, Lord Morrow, Mr Moutray, Mr Murphy, Ms Ní Chuilín,
Mr Ó hOisín, Mr O’Dowd, Mr Poots, Ms S Ramsey, Mr G Robinson, Rt Hon P Robinson, Mr Ross,
Mr Sheehan, Mr Weir, Mr Wells.

Tellers for the Noes: Mr Lynch and Mr McCartney.

The Amendment fell.

Northern Ireland Assembly

27 March 2012
Division 5

Review of the Serious Organised Crime and Police Act 2005 - Amendment 2

Proposed:

Leave out all after ‘2005’ and insert:

‘in the Tommy English murder trial, and the subsequent undermining of confidence in the administration of justice; believes that it is essential that the criminal justice system operates in a transparent manner which respects the rights and entitlements of all citizens and engenders maximum public confidence in our policing and justice systems; and calls on the Minister of Justice and the Attorney General to use their powers to call for an immediate review of the operational decisions taken in the aforementioned murder trial and the role of the Independent Oversight Panel in the police investigation.’

Mr P Givan
Mr J Craig
Mr P Weir

The Question was put and the Assembly divided.

Ayes: 27

Noes: 43

Ayes

Mr Agnew, Mr Allister, Mr S Anderson, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell,
Mr T Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale,
Mr Hilditch, Mr Humphrey, Mr Irwin, Miss M McIlveen, Lord Morrow, Mr Moutray, Mr Poots,
Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Weir.

Tellers for the Ayes: Mr S Anderson and Mr G Robinson.

Noes

Mr Attwood, Mr Beggs, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr W Clarke, Mr Cree, Mr Dallat, Mr Dickson, Mrs Dobson, Mr Eastwood, Mr Elliott, Mr Ford, Mr Gardiner, Mr Hussey, Ms Lo, Mr Lunn, Mr Lynch, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney,
Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McElduff, Mr McKay, Mrs McKevitt, Mr McLaughlin,
Mr McMullan, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr Murphy, Ms Ní Chuilín, Mr Ó hOisín,
Mr O’Dowd, Ms S Ramsey, Mr Sheehan, Mr Swann.

Tellers for the Noes: Mr Lynch and Mr McCartney.

The Amendment fell.

Northern Ireland Assembly

27 March 2012
Division 6

Review of the Serious Organised Crime and Police Act 2005 - Motion

Proposed:

That this Assembly registers its concerns in relation to the quality and reliability of evidence provided by assisting offenders under the Serious Organised Crime and Police Act 2005, as witnessed in the recent supergrass trial, and the subsequent undermining of confidence in the administration of justice; believes that it is essential that the criminal justice system operates in a transparent manner which respects the rights and entitlements of all citizens and engenders maximum public confidence in our policing and justice systems; and calls on the Minister of Justice and the Attorney General to use their powers to call for an immediate review of the operation of the legislation.

Ms J McCann
Mr R McCartney
Mr S Lynch

The Question was put and the Assembly divided.

Ayes: 30

Noes: 40

Ayes

Mr Agnew, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr W Clarke, Mr Dallat, Mr Eastwood, Mr Lynch, Mr F McCann, Ms J McCann, Mr McCartney, Mr McDevitt, Dr McDonnell,
Mr McElduff, Mr McKay, Mrs McKevitt, Mr McLaughlin, Mr McMullan, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr Murphy, Ms Ní Chuilín, Mr Ó hOisín, Mr O’Dowd, Ms S Ramsey, Mr Sheehan.

Tellers for the Ayes: Mr Lynch and Mr McCartney.

Noes

Mr Allister, Mr S Anderson, Mr Beggs, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell,
Mr T Clarke, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mr Ford, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Ms Lo, Mr Lunn, Mr McCallister, Mr McCarthy, Mr B McCrea, Miss M McIlveen, Lord Morrow, Mr Moutray, Mr Poots, Mr G Robinson, Mr Ross, Mr Swann, Mr Weir, Mr Wells.

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

The Motion was negatived.

Pensions Bill

Marshalled List of Amendments

Consideration Stage

Tuesday 27 March 2012

Amendments tabled up to 9.30am Thursday, 22 March 2012 and selected for debate

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1                                   

Clause 1, Page 1, Line 7

Leave out ‘1953’ and insert ‘1955’

Mr Mark H Durkan

Amendment 2                                   

Clause 1, Page 1, Line 9

Leave out subsection (4)

Mr Mark H Durkan

Amendment 3                                   

Clause 1, Page 2

Leave out lines 5 to 14 and insert - 

‘6th April 1955 to 5th May 1955 

6th May 2020 

6th May 1955 to 5th June 1955 

6th July 2020 

6th June 1955 to 5th July 1955 

6th September 2020 

6th July 1955 to 5th August 1955 

6th November 2020 

6th August 1955 to 5th September 1955 

6th January 2021 

6th September 1955 to 5th October 1955 

6th March 2021 

6th October 1955 to 5th November 1955 

6th May 2021 

6th November 1955 to 5th December 1955 

6th July 2021 

6th December 1955 to 5th January 1956 

6th September 2021 

6th January 1956 to 5th February 1956 

6th November 2021 

6th February 1956 to 5th March 1956 

6th January 2022 

6th March 1956 to 5th April 1956 

6th March 2022’ 

Mr Mark H Durkan

Amendment 4                       

Clause 1, Page 2, Line 15

Leave out ‘1954’ and insert ‘1956’

Mr Mark H Durkan

Amendment 5                       

Clause 1, Page 2, Line 17

At end insert -

‘(8)   This section shall be disregarded for the purposes of determining entitlement to Winter Fuel Payment in accordance with the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000.’

Mr Alex Maskey

Mr Mickey Brady

Amendment 6           

New Clause

After clause 1 insert -

Duty to report on the impact of health inequalities and occupation on the cost of pension provision for various occupational sectors of the population

1A. The Department for Social Development shall, within one year of the date on which this Act receives Royal Assent, lay a report before the Assembly on the differences in the cost of pension provision for various occupational sectors of the population arising from health inequalities, including the impact of occupation on life expectancy.’

Mr Mickey Brady

Mr Alex Maskey

Amendment 7                       

Schedule 1, Page 23, Line 21

Leave out ‘2018’ and insert ‘2020’

Mr Mark H Durkan

Northern Ireland Assembly

Papers Presented to the Assembly on
27 March 2012

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

Superannuation Bill (NIA Bill 6/11-15)

3.    Orders in Council

4.    Publications Laid in the Northern Ireland Assembly

5.    Assembly Reports

6.    Statutory Rules

  • S.R. 2012/138 The Code of Practice (Time Off for Trade Union Duties and Activities) (Appointed Day) Order (Northern Ireland) 2012 (DEL)
  • S.R. 2012/141 The Fuel Payments Scheme (Patients Receiving Treatment for Cancer) Regulations (Northern Ireland) 2012 (DHSSPS)

 

7.   Written Ministerial Statements

8.    Consultation Documents

9.    Departmental Publications

Ensuring a Sustainable Transport Future: A New Approach to Regional Transportation (DRD)

2010 Review of Fair Participation in the Northern Ireland Civil Service (DFP)

2010 Review of Gender in the Northern Ireland Civil Service (DFP)

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 27 MARCH 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

/Budget (No. 2) Bill NIA Bill 1/11-15

13.06.11

20.06.11

N/A

N/A

21.06.11

27.06.11

27.06.11

25.07.11

/Rates (Amendment) Bill NIA Bill 2/11-15

16.01.12

24.01.12

N/A

N/A

31.01.12

06.02.12

07.02.12

28.02.12

Pensions Bill NIA Bill 3/11-15

23.01.12

31.01.12

13.03.12

08.03.12

27.03.12

 

 

 

/Budget Bill NIA Bill 4/11-15

13.02.12

14.02.12

N/A

N/A

20.02.12

21.02.12

27.02.12

20.03.12

Marine Bill NIA Bill 5/11-15

21.02.12

05.03.12

06.07.12

 

 

 

 

 

Superannuation Bill 6/11-15

12.03.12

26.03.12

11.05.12

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

/ Bill progressing by accelerated passage

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