Minutes of Proceedings

Minutes of Proceedings

The Assembly met at noon.

1. Notice of First Meeting

In accordance with Standing Order 2(1) the Clerk to the Assembly gave notice that the Assembly will meet, as required by section 31(4) of the Northern Ireland Act 1998, in Parliament Buildings on Thursday 12 May 2016 at noon.

The Speaker took the Chair.

2. Undertaking and Roll of Membership

The Speaker outlined the procedure for Members to sign the undertaking, as provided for in the Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016, and Roll of Membership. Members signed the undertaking before then signing the Roll and indicating a designation of identity.

The following members designated as Nationalist:

Ms Caoimhe Archibald, Mr Alex Attwood, Mr Cathal Boylan, Ms Michaela Boyle, Ms Sinead Bradley, Ms Linda Dillon, Mr Mark Durkan, Mr Colum Eastwood, Ms Meagan Fearon, Ms Michelle Gildernew, Ms Claire Hanna, Mr Chris Hazzard, Mr Declan Kearney, Mr Gerry Kelly, Mr Seán Lynch, Mr Declan McAleer, Mr Fra McCann, Ms Jennifer McCann, Mr Raymond Mc Cartney, Mr Daniel McCrossan, Mr Barry McElduff, Mr Patsy McGlone, Mr Colin McGrath, Mr Martin McGuinness, Mr Daithí McKay, Mr Oliver McMullan, Mr Justin McNulty, Mr Richie McPhillips, Ms Nichola Mallon, Mr Alex Maskey, Mr Ian Milne, Mr Gerry Mullan, Mr Conor Murphy, Ms Carál Ní Chuilín, Mr Máirtín Ó Muilleoir, Mr John O'Dowd, Mrs Michelle O'Neill, Ms Caitríona Ruane, Ms Catherine Seeley, Mr Pat Sheehan.

The following Members designated as Unionist:

Mr Steve Aiken, Mr Andy Allen, Mr Jim Allister, Mr Sydney Anderson, Mrs Rosemary Barton, Mr Doug Beattie, Mr Roy Beggs, Mr Jonathan Bell, Mr Maurice Bradley, Ms Paula Bradley, Mr Keith Buchanan, Mr Thomas Buchanan, Ms Joanne Bunting, Mr Robbie Butler, Mrs Pam Cameron, Mr Alan Chambers, Mr Trevor Clarke, Mrs Jo-Anne Dobson, Mr Sammy Douglas, Mr Gordon Dunne, Mr Alex Easton, Mrs Arlene Foster, Mr Paul Frew, Mr Paul Girvan, Mr Paul Givan, Mrs Brenda Hale, Mr Simon Hamilton, Mr David Hilditch, Mr William Humphrey, Mr Ross Hussey, Mr William Irwin, Mr Danny Kennedy, Mrs Emma Little Pengelly, Ms Carla Lockhart, Mr Philip Logan, Mr Gordon Lyons, Mr Nelson McCausland, Miss Michelle McIlveen, Mr Harold McKee, Mr Adrian McQuillan, Mr Gary Middleton, Lord Morrow of Clogher Valley, Mr Mike Nesbitt, Mr Robin Newton, Mrs Sandra Overend, Mrs Jenny Palmer, Mr Edwin Poots, Mr George Robinson, Mr Alastair Ross, Mr Philip Smith, Mr Christopher Stalford, Mr Mervyn Storey, Ms Claire Sugden, Mr Robin Swann, Mr Peter Weir, Mr Jim Wells.

The following Members designated as Other:

Mr Steven Agnew, Ms Kellie Armstrong, Ms Clare Bailey, Ms Paula Bradshaw, Mr Gerry Carroll, Mr Stewart Dickson, Dr Stephen Farry, Mr David Ford, Mrs Naomi Long, Mr Trevor Lunn, Mr Chris Lyttle, Mr Eamonn McCann.

The sitting was suspended at 12.47pm.

The sitting resumed at 2.00pm, with the Speaker in the Chair.

3. Speaker's Business – Concluding Remarks

The Speaker made some brief remarks to mark the end of his term in office.

The Speaker confirmed that he was satisfied that all Members who had signed the Roll had taken their seats in accordance with Standing Orders.

4. Election of Speaker

The Speaker (Mr McLaughlin) outlined the procedure for the election of a Speaker under Standing Order 4.

Mrs Arlene Foster nominated Mr Robin Newton as a candidate for the Office of Speaker. Mr Sammy Douglas seconded the nomination. Mr Newton indicated his agreement to accept the nomination.

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

The Speaker (Mr Newton) took the Chair.

5. Election of Deputy Speakers

The Speaker advised that the procedure for election of Deputy Speakers would be the same as that for the election of the Speaker.

Mr Martin McGuinness nominated Ms Caitríona Ruane as Deputy Speaker.

Ms Jennifer McCann seconded the nomination. Ms Ruane indicated her agreement to accept the nomination.

Mr Colum Eastwood nominated Mr Patsy McGlone as Deputy Speaker.

Mr Alex Attwood seconded the nomination. Mr McGlone indicated his agreement to accept the nomination.

Mr Mike Nesbitt nominated Mr Danny Kennedy as Deputy Speaker.

Mrs Jo-Anne Dobson seconded the nomination. Mr Danny Kennedy indicated his agreement to accept the nomination.

The Question being put that Ms Caitríona Ruane be Deputy Speaker, there was one dissenting voice. Tellers were called for a Division. Two Tellers presented for the Ayes and one for the Noes. In accordance with Standing Order 27(4) the determination of the Assembly was that of the side for which two Tellers had been nominated. The Motion was carried with cross-community support.

The Question being put that Mr Patsy McGlone be Deputy Speaker, the Motion was carried with cross-community support nemine contradicente.

The Question being put that Mr Danny Kennedy be Deputy Speaker, the Motion was carried with cross-community support nemine contradicente.

6. Election of Principal Deputy Speaker

The Speaker outlined the procedure for the election of a Principal Deputy Speaker under Standing Order 5(A).

Mr Martin McGuinness nominated Ms Caitríona Ruane as a candidate for the position of Principal Deputy Speaker of the Assembly. Ms Ruane indicated her agreement to accept the nomination.

Debate ensued.

The Question being put, that Ms Caitríona Ruane be Principal Deputy Speaker of the Assembly, the Motion was carried on a cross-community vote (Division).

7. Appointment of the First Minister and deputy First Minister

The Speaker outlined the procedure for the appointment of the First Minister and deputy First Minister as set out in section 16A of the Northern Ireland Act 1998 and Standing Order 44(1).

Lord Morrow of Clogher Valley nominated Mrs Arlene Foster as First Minister. Ms Jennifer McCann nominated Mr Martin McGuinness as deputy First Minister.

Mrs Arlene Foster affirmed the terms of the Pledge of Office contained in Schedule 4 to the Northern Ireland Act 1998.

Mr Martin McGuinness affirmed the terms of the Pledge of Office contained in Schedule 4 to the Northern Ireland Act 1998.

The Speaker confirmed that Mrs Arlene Foster and Mr Martin McGuinness had taken up office as First Minister and deputy First Minister respectively.

8. Committee Business

8.1 Motion - Business Committee Membership

Proposed:

That the following shall be appointed to be members of the Business Committee:

The Speaker (ex officio)

Mr A Attwood;

Mr T Clarke;

Mr S Dickson;

Mr G Kelly;

Mr C McGrath;

Mrs S Overend;

Ms C Ruane;

Mr R Swann; and

Mr P Weir.

The Speaker

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

9. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 3.28pm.

Mr Robin Newton
The Speaker

12 May 2016

Division 12 May 2016

Question put, That Ms Caitríona Ruane act as Principal Deputy Speaker.

The Question was put and the Assembly divided.

Ayes: 66
Noes: 27

AYES

NATIONALIST:

Ms Archibald, Mr Boylan, Ms Boyle, Ms Dillon, Ms Fearon, Ms Gildernew, Mr Hazzard, Mr Kearney, Mr Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Mr McElduff, Mr McGuinness, Mr McKay, Mr McMullan, Mr Maskey, Mr Milne, Mr Murphy, Ms Ní Chuilín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Ms Ruane, Ms Seeley, Mr Sheehan

UNIONIST:

Mr Anderson, Mr Bell, Mr M Bradley, Ms P Bradley, Mr K Buchanan, Mr T Buchanan, Mrs Bunting, Mrs Cameron, Mr Clarke, Mr Douglas, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mrs Little Pengelly, Ms Lockhart, Mr Logan, Mr Lyons, Mr McCausland, Miss McIlveen, Mr McQuillan, Mr Middleton, Lord Morrow, Mr Poots, Mr Robinson, Mr Ross, Mr Stalford, Mr Storey, Mr Weir, Mr Wells

OTHER:

Mr Lunn

Tellers for the Ayes: Mr Boylan, Mr Kelly

NOES

UNIONIST:

Mr Aiken, Mr Allen, Mr Allister, Mrs Barton, Mr Beattie, Mr Beggs, Mr Butler, Mr Chambers, Mrs Dobson, Mr Hussey, Mr Kennedy, Mr McKee, Mr Nesbitt, Mrs Overend, Ms Palmer, Mr Smith, Ms Sugden, Mr Swann

OTHER:

Mr Agnew, Ms Armstrong, Ms Bailey, Ms Bradshaw, Mr Dickson, Dr Farry, Mr Ford, Mrs Long, Mr Lyttle

Tellers for the Noes: Mrs Dobson, Mr Hussey

Total Votes 93 Total Ayes 66 [71.0%]

Nationalist Votes 28 Nationalist Ayes 28 [100.0%]

Unionist Votes 55 Unionist Ayes 37 [67.3%]

Other Votes 10 Other Ayes 1 [10.0%]

The Nomination was approved by cross-community vote.

PLEDGE OF OFFICE AS SET OUT IN SCHEDULE 4 TO THE NORTHERN IRELAND ACT 1998

To pledge:

(a) to discharge in good faith all the duties of office;

(b) commitment to non-violence and exclusively peaceful and democratic means;

(c) to serve all the people of Northern Ireland equally, and to act in accordance with the general obligations on government to promote equality and prevent discrimination;

(ca) to promote the interests of the whole community represented in the Northern Ireland Assembly towards the goal of a shared future;

(cb) to participate fully in the Executive Committee, the North-South Ministerial Council and the British-Irish Council;

(cc) to observe the joint nature of the offices of First Minister and deputy First Minister;

(cd) to uphold the rule of law based as it is on the fundamental principles of fairness, impartiality and democratic accountability, including support for policing and the courts as set out in paragraph 6 of the St Andrews Agreement;

(ce) to support the rule of law unequivocally in word and deed and to support all efforts to uphold it;

(cf) to work collectively with the other members of the Executive Committee to achieve a society free of paramilitarism;

(cg) to challenge all paramilitary activity and associated criminality;

(ch) to call for, and to work together with the other members of the Executive Committee to achieve, the disbandment of all paramilitary organisations and their structures;

(ci) to challenge paramilitary attempts to control communities;

(cj) to support those who are determined to make the transition away from paramilitarism;

(ck) to accept no authority, direction or control on my political activities other than my democratic mandate alongside my own personal and party judgment;

Paragraph 6 of the St Andrews Agreement says:

'We believe that the essential elements of support for law and order include endorsing fully the Police Service of Northern Ireland and the criminal justice system, actively encouraging everyone in the community to co-operate fully with the PSNI in tackling crime in all areas and actively supporting all the policing and criminal justice institutions, including the Policing Board.'

Papers Presented to the Assembly on
16 March 2016 - 12 May 2016

1. Acts of the Northern Ireland Assembly

The Water and Sewerage Services Act (Northern Ireland) 2016

The Special Educational Needs and Disability Act (Northern Ireland) 2016

The Budget Act (Northern Ireland) 2016

The Assembly and Executive Reform (Assembly Opposition) Act (Northern Ireland) 2016

The Road Traffic (Amendment) Act (Northern Ireland) 2016

The Health and Social Care (Control of Data Processing) Act (Northern Ireland) 2016

The Environmental Better Regulation Act (Northern Ireland) 2016

The Legal Complaints and Regulation Act (Northern Ireland) 2016

The Employment Act (Northern Ireland) 2016

The Credit Unions and Co-operative and Community Benefit Societies Act (Northern Ireland) 2016

The Housing (Amendment) Act (Northern Ireland) 2016

The Mental Capacity Act (Northern Ireland) 2016

The Rural Needs Act (Northern Ireland) 2016

The Shared Education Act (Northern Ireland) Act 2016

The Justice Act (Northern Ireland) 2016

The Houses in Multiple Occupation Act (Northern Ireland) 2016

The Health and Personal Social Services Act (Northern Ireland) 2016

The Licensing Act (Northern Ireland) Act 2016

The Addressing Bullying in Schools Act (Northern Ireland) 2016

The Health (Miscellaneous Provisions) Act (Northern Ireland) 2016

The Fisheries Act (Northern Ireland) 2016

The Land Acquisition and Compensation (Amendment) Act (Northern Ireland) 2016

2. Bills of the Northern Ireland Assembly

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

5. Assembly Reports

6. Statutory Rules

S.R. 2016/125 The Licensing (Register of Licences) (Amendment) Regulations (Northern Ireland) 2016 (DSD).

S.R. 2016/127 The Licensing of Cafés (Register of Licences) Regulations (Northern Ireland) 2016(Correction Slip) (DSD).

S.R. 2016/127 The Licensing of Cafés (Register of Licences) Regulations (Northern Ireland) 2016 (DSD).

S.R. 2016/132 The Licensing of Pavement Cafés (Form of Licence) Regulations (Northern Ireland) 2016 (DSD).

S.R. 2016/135 The Motor Vehicles (Driving Licences) (Amendment) Regulations (Northern Ireland) 2016 (DOE).

S.R. 2016/140 The Taxi Licensing (Amendment) Regulations (Northern Ireland) 2016 (DOE).

S.R. 2016/146 The Construction (Design and Management) Regulations (Northern Ireland) 2016 (DETI).

S.R. 2016/148 The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2016 (DOE).

S.R. 2016/160 The Motor Vehicles (Construction and Use) (Amendment) Regulations 2016 (DOE).

S.R. 2016/169 The River Road, Dunmurry (Abandonment) Order (Northern Ireland) 2016 (DRD).

S.R. 2016/173 The Disabled Persons (Badges for Motor Vehicles) (Amendment No.2) Regulations (Northern Ireland) 2016 (DRD)

S.R. 2016/170 The Pharmaceutical Society of Northern Ireland (General) (Amendment) Regulations (Northern Ireland) 2016 (DHSSPS).

S.R. 2016/171 The Occupational Pension Schemes (Charges and Governance) (Amendment) Regulations (Northern Ireland) 2016 (DSD).

S.R. 2016/172 The Pension Sharing (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (DSD).

S.R. 2016/173 The Public Service Pensions (Certification Officer for Northern Ireland) (No.2) Regulations (Northern Ireland) 2016 (DFP).

S.R. 2016/181 The Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2016 (DOE).

S.R. 2016/182 The Road Traffic (Fixed Penalty) (Amendment) Order (Northern Ireland) 2016 (DOE).

S.R. 2016/185 The Thorburn Road, Belfast (Abandonment) Order (Northern Ireland) 2016 (DRD).

S.R. 2016/187 The Weights and Measures (Food) (Amendment) Regulations (Northern Ireland) 2016 (DETI).

S.R. 2016/190 The Seed Potatoes Regulations (Northern Ireland) 2016 (DARD).

S.R. 2016/191 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016 (OFMDFM).

S.R. 2016/192 The Occupational Pension Schemes (Scheme Administration) (Amendment) Regulations (Northern Ireland) 2016 (DSD).

S.R. 2016/193 The Child Support (Deduction Orders and Fees) (Amendment and Modification) Regulations (Northern Ireland) 2016 (DSD).

S.R. 2016/194 The Penalty Fares (Increase) Order (Northern Ireland) 2016 (DRD).

S.R. 2016/196 The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order (Northern Ireland) 2016 (DSD).

S.R. 2016/197 The Criminal Defence Services (General) Regulations (Northern Ireland) 2016 (DOJ).

S.R. 2016/198 The Criminal Defence Services (Remuneration) Order (Northern Ireland) 2016 (DOJ).

S.R. 2016/200 The Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2016 (DOJ).

S.R. 2016/201 The Legal Aid for Crown Court Proceedings (Costs) (Amendment No. 2) Rules (Northern Ireland) 2016 (DOJ).

For Information Only

S.R. 2016/126 (C.7) The Licensing of Pavement Cafés Act (Northern Ireland) 2014 (Commencement) Order (Northern Ireland) 2016 (DSD).

S.R 2016/136 (C.8) The Justice (2015 Act) (Commencement No .5) Order (Northern Ireland) 2016 (DOJ).

S.R. 2016/138 The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2016 (DOJ).

S.R. 2016/145 The Violent Offences Prevention Order (Notification Requirements) Regulations (Northern Ireland) 2016 (DOJ).

S.R. 2016/154 The Road Races (Tandragee 100) Order (Northern Ireland) (DRD).

S.R. 2016/155 The Parking Places on Roads (Coaches) Order (Northern Ireland) 2016 (DRD).

S.R. 2016/156 The Road Races (Cookstown 100) Order (Northern Ireland) 2016 (DRD).

S.R. 2016/159 (C. 10) The Planning (2011 Act) (Commencement No.3) and (Transitional Provisions) (Amendment) Order (Northern Ireland) 2016 (DOE).

S.R. 2016/164 The Driver and Vehicle Agency Trading Fund Order (Northern Ireland) 2016 (DOE).

S.R. 2016/167 The Prohibition of Left–Hand Turn (Castle Street, Belfast) Order (Northern Ireland) 2016 (DRD).

S.R. 2016/168 The Road Races (Croft Hill Climb) Order (Northern Ireland) 2016 (DRD).

S.R. 2016/179 The Road Races (Circuit of Ireland Rally) Order (Northern Ireland) 2016 (DRD).

S.R. 2016/186 The Parking and Waiting Restrictions (Londonderry) (Amendment) Order (Northern Ireland) 2016 (DRD).

S.R. 2016/199 (C. 12) The Access to Justice (2003 Order) (Commencement No. 9) Order (Northern Ireland) 2016 (DOJ).

S.R. 2016/202 The Civil Legal Services (Scope) Regulations (Northern Ireland) 2016 (DOJ).

7. Written Ministerial Statements

The Executive's Child Poverty Strategy (OFMDFM).

Legacy of DCAL (DCAL).

8. Consultation Documents

Proposals for New Regulations Concerning Electrically Assisted Pedal Cycles (EAPC) (DOE).

Application for BSE Negligible Risk Status for Northern Ireland (Cattle) (DARD).

Ecclesiastical Exemption (DOE).

Proposals for a Historic Environment Fund (DOE).

Regulations to Tackle Drink Driving in Northern Ireland (DOE).

Further Improvements to the Approved Driving Instructor (ADI) and Approved Motorcycle Instructor (AMI) Scheme in Northern Ireland (DOE).

Future of Pharmacy Regulation (DHSSPS).

Public Use of the Records (Management and Fees) Rules (Northern Ireland) 2016 (DCAL).

2015 Review of Shellfish Water Protected Areas (DOE).

9. Departmental Publications

eHealth and Care Strategy for Northern Ireland (DoH).

Principal Civil Service Pension Scheme (Amendment) Scheme (Northern Ireland) 2016 (DFP).

The Government Response to the Consultation on Aids and Appliances and the Daily Living Component of the Personal Independence Payment (DSD).

Miss School = Miss Out A Strategy for Improving Pupil Attendance (DE).

Memorandum on the Thirty Third Report from the Public Accounts Committee Mandate 2011-16: General Report on the Health and Social Care Sector 2012-13 and 2013-14 (DFP).

General Teaching Council for Northern Ireland Annual Report and Accounts 2014-2015 (DE).

Retention and Disposal Schedule of Lisburn and Castlereagh City Council (DCAL).

Southern Education and Library Board Annual Report and Accounts 2014/2015 (DE).

Annual Report on Child Poverty 2014/2015 (OFMDFM).

Delivering Social Change The Executive's Child Poverty Strategy (OFMDFM).

Department of Finance and Personnel Minute on the Direction of Accruing Resources (DFP).

10. Agency Publications

Invest NI Records Retention and Disposal Schedule (DCAL).

11. Westminster Publications

12. Miscellaneous Publications