Minutes of Proceedings

Session: 2012/2013

Date: Tuesday, 28 May 2013

Venue: Assembly Chamber

The Assembly met at 10.30am, the Speaker in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Matter of the Day

2.1 Murder of Drummer Lee Rigby

Mr Mike Nesbitt made a statement, under Standing Order 24, in relation to the Murder of Drummer Lee Rigby. Other Members were also called to speak on the matter.

3. Public Petition

3.1 Public Petition – Call for a replacement Fire Station in Cushendall

Mr Oliver McMullan was granted leave, in accordance with Standing Order 22, to present a Public Petition relating to a call for a replacement Fire Station in Cushendall.

4. Committee Business

4.1 Motion - Extension of Committee Stage: Tobacco Retailers Bill (NIA Bill 19/11-15)

Proposed:

That, in accordance with Standing Order 33(4), the period referred to in Standing Order 33(2) be extended to 18 October 2013, in relation to the Committee Stage of the Tobacco Retailers Bill (NIA Bill 19/11-15).

Chairperson, Committee for Health, Social Services and Public Safety.

Question being put, the Motion was carried without division.

5. Private Members’ Business

5.1 Motion – Epilepsy Service Provision

Proposed:

That this Assembly calls for the provision of services of the highest quality for people diagnosed with epilepsy, including frequent reviews of their treatment and condition; acknowledges the rights of young people with epilepsy to a first appointment with a specialist within a reasonable time of their diagnosis; and calls on the Minister of Health, Social Services and Public Safety to ensure that epilepsy services here are equivalent to those in the rest of the UK.

Mr G Robinson
Ms P Bradley
Ms P Brown
Mr G Dunne

Debate ensued.

The Deputy Speaker (Mr Dallat) took the Chair.

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

5.2 Motion – Transforming your Care Review

Proposed:

That this Assembly expresses concern that the implementation of the ‘Transforming Your Care’ review of health and social care, commissioned by the Minister of Health, Social Services and Public Safety, has enabled Health and Social Care Trusts to take decisions on the closure of care homes; is concerned by the detrimental impact which the privatisation of many aspects of health and social care will have on vulnerable people; urges the Minister to ensure that the patient, and not profit, is put at the centre of care provision by the Health and Social Care Board; and calls on the Minister to introduce legislation to protect services from privatisation by stealth.

Mr C McDevitt
Mr M Durkan
Mr P Ramsey

The sitting was suspended at 12.29pm.

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

6. Question Time

6.1 Social Development

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

6.2 Agriculture and Rural Development

Questions were put to, and answered by, the Minister of Agriculture and Rural Development, Mrs Michelle O’Neill.

6.3 Culture, Arts and Leisure

Questions were put to, and answered by, the Minister of Culture, Arts and Leisure, Ms Carál Ní Chuilín.

6.4 Education

Questions were put to, and answered by, the Minister of Education, Mr John O’Dowd.

The Speaker took the Chair.

7. Executive Committee Business

7.1 Statement - North South Ministerial Council meeting in Special EU Programmes sectoral format

The Minister of Finance and Personnel, Mr Sammy Wilson, made a statement regarding the North South Ministerial Council meeting in Special EU Programmes sectoral format, held on 10 May 2013, following which he replied to questions.

8. Private Members’ Business (Cont’d)

8.1 Motion – Transforming your Care Review (cont’d)

Debate resumed on the Motion.

8.2 Amendment 1

Proposed:

Leave out all after ‘Safety,’ and insert:

‘saw Health and Social Care Trusts moving rapidly to seek to close residential care homes; welcomes the Minister's intervention to halt those proposals and establish a new regional process; supports a range of options promoting independence being available for older people; recognises that all nursing home care packages and three quarters of residential packages are currently provided by private or voluntary sector organisations; reaffirms the necessity for radical reform of health and social care; further supports the founding principles of the National Health Service; and calls on the Minister to ensure services are patient-centred with the home becoming the hub of care.’

Mr J Wells
Ms P Bradley
Mr G Dunne

8.3 Amendment 2

Proposed:

Leave out all after ‘Safety’ and insert:

‘, whilst having the potential to improve healthcare by empowering GPs and the Primary Care sector to deliver faster and more efficient localised services, has been negatively impacted by the flawed decision by the Health and Social Care Trusts to consult on closing all statutory residential care homes by 2018; recognises the need to take on board the previous recommendations by the Commissioner for Older People for Northern Ireland and to treat all older people with respect and dignity; and calls on the Minister to provide appropriate local residential care together with a range of accessible care options such as supported housing and domiciliary care to best meet the needs and desires of vulnerable older people.’

Mr R Beggs
Mr S Gardiner
Mr R Swann

Debate ensued.

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

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

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

The Deputy Speaker (Mr Dallat) took the Chair.

9. Adjournment

Mr Robin Newton spoke to his topic regarding Post-Primary Education in East Belfast.

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 7.22pm.

Mr William Hay
The Speaker

28 May 2013

Northern Ireland Assembly

28 May 2013

Division No. 1

Motion – Transforming your Care Review – Amendment 1

Proposed:

Leave out all after ‘Safety,’ and insert:

‘saw Health and Social Care Trusts moving rapidly to seek to close residential care homes; welcomes the Minister's intervention to halt those proposals and establish a new regional process; supports a range of options promoting independence being available for older people; recognises that all nursing home care packages and three quarters of residential packages are currently provided by private or voluntary sector organisations; reaffirms the necessity for radical reform of health and social care; further supports the founding principles of the National Health Service; and calls on the Minister to ensure services are patient-centred with the home becoming the hub of care.’

Proposed:

Mr J Wells
Ms P Bradley
Mr G Dunne

The Question was put and the Assembly divided.

Ayes: 30
Noes: 60

AYES

Mr Anderson, Ms P Bradley, 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 Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Mr D McIlveen, Lord Morrow, Mr Moutray, Mr Newton,  Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Ms P Bradley and Mr G Robinson

NOES

Mr Agnew, Mr Allister, Mr Attwood, Mr Beggs, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mrs Cochrane, Mr Copeland, Mr Cree, Mr Dickson, Mrs Dobson, Mr Durkan, Mr Eastwood, Mr Elliott, Ms Fearon, Mr Flanagan, Mr Ford, Mr Gardiner, Mr Hazzard, Mrs D Kelly,  Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lynch, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGlone, Mr McKay, Mrs McKevitt, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan, Mr Swann.

Tellers for the Noes: Mr Durkan and Mr Eastwood

The Amendment fell.

Northern Ireland Assembly

28 May 2013

Division No. 2

Motion – Transforming your Care Review – Amendment 2

Proposed:

Leave out all after ‘Safety’ and insert:

‘, whilst having the potential to improve healthcare by empowering GPs and the Primary Care sector to deliver faster and more efficient localised services, has been negatively impacted by the flawed decision by the Health and Social Care Trusts to consult on closing all statutory residential care homes by 2018; recognises the need to take on board the previous recommendations by the Commissioner for Older People for Northern Ireland and to treat all older people with respect and dignity; and calls on the Minister to provide appropriate local residential care together with a range of accessible care options such as supported housing and domiciliary care to best meet the needs and desires of vulnerable older people.’

Proposed:

Mr R Beggs
Mr S Gardiner
Mr R Swann

The Question was put and the Assembly divided.

Ayes: 43
Noes: 47

AYES

Mr Anderson, Mr Beggs, Ms P Bradley, 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 Humphrey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr D McIlveen, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr Beggs and Mr Gardiner

NOES

Mr Agnew, Mr Allister, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mrs Cochrane, Mr Dickson, Mr Durkan, Mr Eastwood, Ms Fearon, Mr Flanagan, Mr Ford, Mr Hazzard, Mrs D Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGlone, Mr McKay, Mrs McKevitt, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Durkan and Mr Eastwood

The Amendment fell.

Northern Ireland Assembly

28 May 2013

Division No. 3

Motion – Transforming your Care Review

Proposed:

That this Assembly expresses concern that the implementation of the ‘Transforming Your Care’ review of health and social care, commissioned by the Minister of Health, Social Services and Public Safety, has enabled Health and Social Care Trusts to take decisions on the closure of care homes; is concerned by the detrimental impact which the privatisation of many aspects of health and social care will have on vulnerable people; urges the Minister to ensure that the patient, and not profit, is put at the centre of care provision by the Health and Social Care Board; and calls on the Minister to introduce legislation to protect services from privatisation by stealth.

Mr C McDevitt
Mr M Durkan
Mr P Ramsey

The Question was put and the Assembly divided.

Ayes: 47
Noes: 43

AYES

Mr Agnew, Mr Allister, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mrs Cochrane, Mr Dickson, Mr Durkan, Mr Eastwood, Ms Fearon, Mr Flanagan, Mr Ford, Mr Hazzard, Mrs D Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGlone, Mr McKay, Mrs McKevitt, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Byrne and Mrs McKevitt

NOES

Mr Anderson, Mr Beggs, Ms P Bradley, 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 Humphrey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr D McIlveen, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Ms P Bradley and Mr G Robinson

The Motion was carried.

Northern Ireland Assembly

Papers Presented to the Assembly on
22 - 28 May 2013

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

Civil Service (Special Advisers) Bill [as amended at Further Consideration Stage] (NIA Bill 12/11-15)

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

Report of the Northern Ireland Assembly Commissioner for Standards for 2012-2013 (Commissioner for Standards)

Legislative Consent Memorandum Care Bill (DHSSPS)

Legislative Consent Memorandum Pensions Bill (DSD)

Northern Ireland Law Commission - Apartments Report (DOJ)

Explanatory Memorandum - Assembly Consent Motion The Public Bodies (Abolition of the Registrar of Public Lending Right) Order 2013 (DCAL)

Memorandum Accompanying Legislative Consent Motion in Respect of the Marriage (Same Sex Couples) Bill (DFP)

5. Assembly Reports

Report on Assembly Committees’ Priorities for European Scrutiny 2013 (NIA 108/11-15) (Committee for the Office of the First Minister and deputy First Minister)

6. Statutory Rules

S. R. 2013/137 The Forestry (Felling of Trees) (Calculation of the Area of Land) Regulations (Northern Ireland) 2013 (DARD)

S. R. 2013/139 The Forestry (Felling of Trees) Regulations (Northern Ireland) 2013 (DARD)

S. R. 2013/141 The Health and Personal Social Services (Superannuation) (Injury Benefits) (Amendment) Regulations (Northern Ireland) 2013 (DHSSPS)

S. R. 2013/142 The Statistics and Registration Service Act 2007 (Disclosure of Pupil Information) Regulations (Northern Ireland) 2013 (DFP)

S. R. 2013/143 The Statistics and Registration Service Act 2007 (Disclosure of Higher Education Student Information) Regulations (Northern Ireland) 2013 (DFP)

For Information Only:

S. R. 2013/138 (C. 9) The Forestry (2010 Act) (Commencement No. 3) Order (Northern Ireland) 2013 (DARD)

7. Written Ministerial Statements

Together: Building a United Community Strategy (OFMDFM)

8. Consultation Documents

9. Departmental Publications

Memorandum on the Twelfth Report from the Public Accounts Committee Mandate 2011-2015 (DFP)

10. Agency Publications

Youth Justice Agency Corporate Plan 2013-2016 (DOJ)

11. Westminster Publications

Marine Navigation Act 2013 Chapter 23

12. Miscellaneous Publications

Northern Ireland Assembly Legislation:

Stages in Consideration of Public Bills

  1. First Stage: Introduction of Bill.
  2. Second Stage: General debate of the Bill with an opportunity for Members to vote on its general principles.
  3. Committee Stage (Comm. Stage): Detailed investigation by a Committee which concludes with the publication of a report for consideration by the Assembly.
  4. 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.
  5. Further Consideration Stage (FCS): Consideration by the Assembly of, and an opportunity for Members to vote on, further amendments to the Bill.
  6. Final Stage: Passing or rejecting of Bill by the Assembly, without further amendment.
  7. Royal Assent.

Proceedings as at 28 May 2013

2011-2015 Mandate
Executive Bills

Title &
NIA Bill Number

First
Stage

Second Stage

Comm. Stage to Conclude

Report Ordered to be Printed

CS

FCS

Final Stage

Royal Assent

Marine Bill          5/11-15

21.02.12

05.03.12

06.07.12

05.07.12

30.04.13

13.05.13

21.05.13

 

Superannuation Bill 6/11-15

12.03.12

26.03.12

28.09.12

26.09.12

22.10.12

06.11.12

19.11.12

10.01.13

Inquiry into Historical Institutional Abuse Bill 7/11-15

12.06.12

25.06.12

26.10.12

24.10.12

20.11.12

03.12.12

11.12.12

18.01.13

Business Improvement Districts Bill 9/11-15

25.06.12

17.09.12

13.12.12

13.12.12

21.01.13

29.01.13

11.02.13

21.03.13

Criminal Justice Bill 10/11-15

25.06.12

03.07.12

14.12.12

13.12.12

19.02.13 & 25.02.13

12.03.13

08.04.13

25.04.13

Charities Bill     11/11-15

02.07.12

11.09.12

23.10.12

23.10.12

20.11.12

03.12.12

11.12.12

18.01.13

Welfare Reform Bill 13/11-15

01.10.12

09.10.12

19.02.13

14.02.13

 

 

 

 

Education Bill    14/11-15

02.10.12

15.10.12

08.04.13

08.04.13

 

 

 

 

/Air Passenger Duty (Setting of Rate) Bill 15/11-15

08.10.12

16.10.12

N/A

N/A

22.10.12

05.11.12

06.11.12

11.12.12

Water and Sewerage Services (Amendment) Bill 16/11-15

19.11.12

27.11.12

29.01.12

23.01.13

12.02.13

25.02.13

05.03.13

25.04.13

Planning Bill     17/11-15

14.01.13

22.01.13

07.06.13

 

 

 

 

 

/Budget Bill      18/11-15

11.02.13

12.02.13

N/A

N/A

18.02.13

19.02.13

25.02.13

14.03.13

Tobacco Retailers Bill 19/11-15

15.04.13

23.04.13

18.10.13

 

 

 

 

 

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

Civil Service (Special Advisers) Bill    12/11-15

02.07.12

25.09.12

15.02.13

13.02.13

19.03.13

20.05.13

 

 

  1. / Bill progressing by accelerated passage
  2. ** Please note that any bills that received Royal Assent in the previous session have been removed from the table. 

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