Minutes of Proceedings

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

1. Prayers

Members observed two minutes' silence.

2. Executive Committee Business

2.1 Statement – North South Ministerial Council Environment Sectoral Format

The Minister of Agriculture, Environment and Rural Affairs, Miss Michelle McIlveen, made a statement regarding the meeting of the North South Ministerial Council Environment Sectoral format, which was held in Armagh on Wednesday 14 September 2016, following which she replied to questions.

The Deputy Speaker (Mr Kennedy) took the Chair.

2.2 Statement – North South Ministerial Council Aquaculture & Marine Sectoral Format

The Minister of Agriculture, Environment and Rural Affairs, Miss Michelle McIlveen, made a statement regarding the meeting of the North South Ministerial Council Aquaculture and Marine Sectoral format, which was held in Armagh on Wednesday 14 September 2016, following which she replied to questions.

3. Committee Business

3.1 Motion – Amend Standing Order 3

Proposed:

Leave out Standing Order 3 and insert –

'(1) At the first meeting of an Assembly after dissolution, members having met at the place and time appointed for that meeting -
(a) the Clerk shall read the notice sent under Standing Order 2(2) convening the meeting; and
(b) the outgoing Speaker shall take the chair.

(2) If, for any reason, the outgoing Speaker cannot take the chair, it shall be taken by an Acting Speaker, who shall be the oldest member present at the meeting.

(3) Members shall then take their seats in accordance with paragraph (7).

(4) All members shall have the opportunity to take their seats before any other formal business is conducted in the Assembly.

(5) A member shall not participate in Assembly proceedings or have title to the privileges of office until the member has taken his or her seat.

(6) The decision of the Speaker or Acting Speaker as to whether a member has taken his or her seat shall be final.

(7) A member shall take his or her seat by -
(a) giving the undertaking set out in section 40A(1) of the Northern Ireland Act 1998;
and
(b) after the member has given that undertaking, by signing the Roll of Membership.

(8) A member shall give the undertaking by signing a document provided for that purpose.

(9) At the first meeting of an Assembly after dissolution, the document referred to in paragraph (8) and the Roll of Membership shall be located in the Chamber.

(10) Where a member does not take his or her seat at the first meeting of an Assembly after dissolution, he or she may do so thereafter by arrangement with the Speaker and in accordance with paragraph (7).

(11) After signing the Roll a member may enter in the Roll a designation of identity, being "Nationalist", "Unionist" or "Other".

(12) A member who does not enter in the Roll a designation of identity shall be deemed to be designated "Other" for the purposes of these Standing Orders and the Northern Ireland Act 1998.

(13) A member may change his or her designation of identity only if –
(a) (being a member of a political party) he or she becomes a member of a different
political party or he or she ceases to be a member of any political party;
(b) (not being a member of any political party) he or she becomes a member of a political
party.
Any such change takes effect immediately after notification in writing is submitted to the Speaker.

(14) The Clerk shall draw up a list of the party affiliations of the members. Each member shall have the opportunity to confirm or correct his or her affiliation as stated in that list.

(15) A member may change his or her party affiliation at any time. Any such change takes effect seven days after notification in writing is submitted to the Speaker.'

Chairperson, Committee on Procedures

3.2 Motion – Amend Standing Order 23(3)

Proposed:

Leave out Standing Order 23(3) and insert –

"(3) Any papers or accounts not subject to a requirement to be laid or presented to the Assembly which are deposited in the Assembly Library shall be published in accordance with law."

Chairperson, Committee on Procedures

3.3 Motion – Amend Standing Order 30

Proposed:

After Standing Order 30(3) insert –

'(3A) Where the Speaker is of the opinion that a Bill is a Hybrid Bill, the Speaker shall direct that the Bill be referred for Preliminary Scrutiny in accordance with Standing Order 101.'

Chairperson, Committee on Procedures

3.4 Motion – Amend Standing Orders

Proposed:

After Standing Order 99 insert –

'100. Stages of Hybrid Bills

(1) Subject to Standing Order 106, the Assembly stages of a Hybrid Bill are –

(a) Preliminary Scrutiny Stage: consideration as to whether the Bill satisfies the conditions at Standing Order 101;
(b) Introduction and First Stage: introduction of the Bill to the Assembly;
(c) Investigation Stage: initial investigation by a Hybrid Bill committee into the principles of the Bill, and the period during which objections must be lodged;
(d) Second Stage: general debate on the Bill with an opportunity for members to vote on its general principles;
(e) Committee Stage: detailed investigation by the Hybrid Bill committee and opportunity to propose amendments to the Bill, followed by report to the Assembly;
(f) Consideration Stage: consideration of and an opportunity for the Assembly to vote on the details of the Bill, including amendments proposed to the Bill;
(g) Further Consideration Stage: opportunity for members to consider and vote on amendments proposed to the Bill; and
(h) Final Stage: passing or rejection of the Bill without further amendment.

101. Preliminary Scrutiny Stage

(1) A Hybrid Bill shall not be introduced in the Assembly unless the standard conditions and any applicable information conditions are met.

(2) The standard conditions are that –
(a) there is proof of need for the Bill;
(b) no suitable alternative to the matter proceeding by way of a Hybrid Bill is demonstrated;
(c) there has been sufficient consultation with those who may be affected by the Bill;
(d) the Bill would be within the legislative competence of the Assembly; and
(e) the Bill would not impose any charge on the Consolidated Fund.

(3) The Speaker may direct that one or more of the information conditions apply to the Bill.

(4) The information conditions are that –
(a) The Bill is accompanied by an explanatory and financial memorandum;
(b) The Bill is accompanied by a statement in writing signed by the Promoter, to the effect that, in the Promoter's view, the Bill would be within the legislative competence of the Assembly;

(c) The Bill is accompanied by an environmental statement; and
(d) The Bill is accompanied by such other documents as the Speaker may require.

(5) The explanatory and financial memorandum must be in such form as the Speaker may direct and must set out –
(a) the issue the Bill is intended to address;
(b) the consultation undertaken;
(c) the options considered;
(d) the option selected and the reason therefore; and
(e) the cost implications of the proposal.

(6) Paragraphs 6 to 8 of Standing Order 30 shall apply to Hybrid Bills as they apply to Public Bills.

102. Introduction and First Stage

(1) When the Speaker has signified to the Promoter that a Hybrid Bill may be introduced, notice of introduction on a sitting day may be given by the Promoter.

(2) The Bill shall be accompanied on introduction by –
(a) the statement of legislative competence;
(b) the explanatory and financial memorandum, setting out the matters at Standing Order 101(5); and
(c) such other documents as the Speaker may require.

(3) On introduction, the Bill's title shall be read to the Assembly, and this shall constitute the Bill's First Stage.

(4) After the Bill's First Stage, the Bill shall be ordered to be printed and the Bill shall stand referred to a Hybrid Bill committee for its Investigation Stage.

103. Investigation Stage

(1) Investigation Stage shall commence when the Bill is referred to a Hybrid Bill committee.

(2) Investigation Stage shall last at least 60 working days.

(3) The committee shall carry out an initial investigation into the general principles of the Bill and report its opinion on the Bill to the Assembly.

(4) Investigation Stage is concluded when the committee reports to the Assembly.

(5) On the report being made to the Assembly by the committee, the Bill shall be set down in the list of pending future business until a date for its Second Stage is determined.

104. Objections

(1) Any objections to a Hybrid Bill must be lodged within 42 working days, beginning with the day on which the Bill is referred to the Hybrid Bill committee for Investigation Stage.

(2) An objection to a Hybrid Bill received outside the objection period may be lodged only if that objection is approved by resolution of the Assembly, and may not in any case be lodged after the Investigation Stage is concluded.

(3) The Hybrid Bill committee shall consider an objection lodged in accordance with this order and admit it if –
(a) the Objector has shown that his or her property or interests are directly and specially affected by the Bill;

(b) the objection is in such form and accompanied by such information as may be required by the committee; and
(c) the objection is accompanied by such fee as the Assembly Commission may determine.

(4) An Objector may take no further part in committee proceedings unless the objection is admitted.

(5) An Objector cannot subsequently raise any issue not contained in the initial objection.

105. Second Stage

Standing Order 32 shall apply to Hybrid Bills as it applies to Public Bills.

106. Treatment as a Public Bill

Where no objection is received or admitted to a Hybrid Bill during Investigation Stage, the Bill shall be treated as a Public Bill and shall proceed in accordance with Standing Orders 33-42.

107. Treatment as a Hybrid Bill

Where an objection to a Hybrid Bill is received and admitted during Investigation Stage, Standing Orders 88 to 95 and Standing Order 97 shall apply to that Bill as they apply to a Private Bill; and Standing Order 37A shall apply to that Bill as it applies to a Public Bill.

108. Hybrid Bill Committees

(1) The Assembly shall establish a Hybrid Bill committee in respect of each Hybrid Bill proposed to be introduced in the Assembly.

(2) Each committee will discharge the functions conferred on it by Standing Order 103, and, where applicable, the functions conferred on it by Standing Orders 88 and 90.

(3) A member with a personal or constituency interest in the Bill shall not be eligible to sit on the committee.

(4) The committee shall consist of five members, and have a chairperson and deputy chairperson elected by the committee.

(5) The quorum of the committee shall be three. Members linked by a video-conferencing facility shall not count towards the quorum.

(6) All questions at the committee shall be decided by a simple majority. Voting shall be by a show of hands unless otherwise requested by a member of the committee. The chairperson shall have a casting vote.

(7) Members of the committee shall normally attend all meetings of the committee and may be absent from a meeting of the committee only in exceptional circumstances.

(8) A Hybrid Bill committee may exercise the power in section 44(1) of the Northern Ireland Act 1998.

(9) A Hybrid Bill committee may permit the Promoter or an Objector to cross-examine any witness giving evidence to it.

109. Interpretation

(1) In these Standing Orders, "Hybrid Bill" means a Bill which affects a particular private interest in a manner different from the private interest of other persons or bodies of the same category or class.

(2) In Standing Orders 100 to 108 –
"Objector" means a person objecting to a Hybrid Bill;
"Objection period" means the period of 42 working days following the referral of a Bill to a Hybrid Bill committee;
"Hybrid Bill committee" means a committee established in accordance with Standing Order 108;
"Promoter" means the member of the Assembly who proposes to introduce a Hybrid Bill.
"Statement of legislative competence" means a statement in writing signed by the member of the Assembly who proposes to introduce the Bill, which states that in the view of the member, the Bill would be within the legislative competence of the Assembly.'

Chairperson, Committee on Procedures

A single debate ensued on all four motions.

The Question being put, the Motion to Amend Standing Order 3, was carried with cross-community support (No dissenting voices).

The Question being put, the Motion to Amend Standing Order 23(3), was carried with cross-community support (No dissenting voices).

The Question being put, the Motion to Amend Standing Order 30, was carried with cross-community support (No dissenting voices).

The Question being put, the Motion to the Amend Standing Orders, was carried with cross-community support (No dissenting voices).

The Speaker took the Chair.

4. Private Members' Business

4.1 Motion: Openness and Transparency from the Executive

Proposed:

That this Assembly expresses its concern at ongoing problems with openness and transparency from the Executive and the implications for public trust and confidence.

Dr S Farry
Mr D Ford
Mrs N Long
Mr S Dickson

4.2 Motion: Amendment 1

Proposed:

At end insert:

"; and calls for the creation of a standards commissioner for the Executive to investigate alleged breaches of the Ministerial Code."

Mr S Agnew
Mr A Attwood
Ms C Hanna
Mr J Allister

4.3 Motion: Amendment 2

Proposed:

At end insert:

"; and calls on the First Minister and deputy First Minister to acknowledge these concerns and to outline to the Assembly how they will ensure, in the future, that the mandate of the Assembly is respected."

Mr M Nesbitt
Mr D Kennedy
Mr A Attwood
Ms C Hanna

Debate ensued.

The sitting was suspended at 1.00pm.

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

5. Question Time

5.1 Infrastructure

Questions were put to, and answered by, the Minister for Infrastructure, Mr Chris Hazzard.

5.2 Justice

Questions were put to, and answered by, the Minister of Justice, Ms Claire Sugden.

The Speaker took the Chair.

6. Question for Urgent Oral Answer

6.1 Breast Cancer: Urgent Referral Waiting Times

The Minister of Health, Mrs Michelle O'Neill, responded to a Question for Urgent Oral Answer tabled by Mr Mark Durkan.

7. Private Members' Business (cont'd)

7.1 Motion: Openness and Transparency from the Executive (cont'd)

Debate resumed.

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

The Question being put, Amendment 2 fell (Division 2).

The Question being put, the motion fell (Division 3).

The Principal Deputy Speaker took the Chair.

8. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

Mr Keith Buchanan spoke to his topic regarding Roads Infrastructure in Mid Ulster.

The Assembly adjourned at 5.44pm.

Mr Robin Newton
The Speaker

4 October 2016

Northern Ireland Assembly

4 October 2016
Division 1

Motion – Openness and Transparency from the Executive (Amendment 1)

Proposed:

At end insert:

"; and calls for the creation of a standards commissioner for the Executive to investigate alleged breaches of the Ministerial Code."

Mr S Agnew
Mr A Attwood
Ms C Hanna
Mr J Allister

The Question was put and the Assembly divided.

Ayes: 35
Noes: 58

AYES

Mr Agnew, Mr Aiken, Mr Allen, Mr Allister, Ms Armstrong, Mr Attwood, Mrs Barton, Mr Beattie, Mr Beggs, Ms S Bradley, Mr Butler, Mr Carroll, Mr Chambers, Mrs Dobson, Mr Durkan, Mr Eastwood, Dr Farry, Mr Ford, Ms Hanna, Mr Hussey, Mrs Long, Mr Lunn, Mr Lyttle, Mr E McCann, Mr McGlone, Mr McGrath, Mr McKee, Mr McPhillips, Ms Mallon, Mr Mullan, Mr Nesbitt, Mrs Overend, Mrs Palmer, Mr Smith, Mr Swann.

Tellers for the Ayes: Mr Agnew, Mr Durkan.

NOES

Mr Anderson, Ms Archibald, Mr Bell, Mr Boylan, Mr M Bradley, Ms P Bradley, Mr K Buchanan, Mr T Buchanan, Ms Bunting, Mrs Cameron, Mr Clarke, Ms Dillon, Mr Douglas, Mr Dunne, Mr Easton, Ms Fearon, Mr Frew, Ms Gildernew, Mr Girvan, Mr Givan, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kearney, Mr Kelly, Mrs Little Pengelly, Ms Lockhart, Mr Lynch, Mr Lyons, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Mr McElduff, Mr McGuigan, Mr McGuinness, Miss McIlveen, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Middleton, Mr Milne, Mr Murphy, Ms Ní Chuilín, Mr Ó Muilleoir, Mrs O'Neill, Mr Poots, Mr Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Stalford, Mr Storey, Ms Sugden, Mr Weir, Mr Wells.

Tellers for the Noes: Mr McMullan, Mr Robinson.

The Amendment fell.

Northern Ireland Assembly

4 October 2016
Division 2

Motion – Openness and Transparency from the Executive (Amendment 2)

Proposed:

At end insert:

"; and calls on the First Minister and deputy First Minister to acknowledge these concerns and to outline to the Assembly how they will ensure, in the future, that the mandate of the Assembly is respected."

Mr M Nesbitt
Mr D Kennedy
Mr A Attwood
Ms C Hanna

The Question was put and the Assembly divided.

Ayes: 35
Noes: 58

AYES

Mr Agnew, Mr Aiken, Mr Allen, Mr Allister, Ms Armstrong, Mr Attwood, Mrs Barton, Mr Beattie, Mr Beggs, Ms S Bradley, Mr Butler, Mr Carroll, Mr Chambers, Mrs Dobson, Mr Durkan, Mr Eastwood, Dr Farry, Mr Ford, Ms Hanna, Mr Hussey, Mrs Long, Mr Lunn, Mr Lyttle, Mr E McCann, Mr McGlone, Mr McGrath, Mr McKee, Mr McPhillips, Ms Mallon, Mr Mullan, Mr Nesbitt, Mrs Overend, Mrs Palmer, Mr Smith, Mr Swann.

Tellers for the Ayes: Ms S Bradley, Mr Nesbitt.

NOES

Mr Anderson, Ms Archibald, Mr Bell, Mr Boylan, Mr M Bradley, Ms P Bradley, Mr K Buchanan, Mr T Buchanan, Ms Bunting, Mrs Cameron, Mr Clarke, Ms Dillon, Mr Douglas, Mr Dunne, Mr Easton, Ms Fearon, Mr Frew, Ms Gildernew, Mr Girvan, Mr Givan, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kearney, Mr Kelly, Mrs Little Pengelly, Ms Lockhart, Mr Lynch, Mr Lyons, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Mr McElduff, Mr McGuigan, Mr McGuinness, Miss McIlveen, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Middleton, Mr Milne, Mr Murphy, Ms Ní Chuilín, Mr Ó Muilleoir, Mrs O'Neill, Mr Poots, Mr Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Stalford, Mr Storey, Ms Sugden, Mr Weir, Mr Wells.

Tellers for the Noes: Mr McMullan, Mr Robinson.

The Amendment fell.

Northern Ireland Assembly

4 October 2016
Division 3

Motion – Openness and Transparency from the Executive

Proposed:

That this Assembly expresses its concern at ongoing problems with openness and transparency from the Executive and the implications for public trust and confidence.

Dr S Farry
Mr D Ford
Mrs N Long
Mr S Dickson

The Question was put and the Assembly divided.

Ayes: 34
Noes: 58

AYES

Mr Agnew, Mr Aiken, Mr Allen, Mr Allister, Ms Armstrong, Mr Attwood, Mrs Barton, Mr Beattie, Mr Beggs, Ms S Bradley, Mr Butler, Mr Carroll, Mr Chambers, Mrs Dobson, Mr Durkan, Mr Eastwood, Dr Farry, Mr Ford, Ms Hanna, Mrs Long, Mr Lunn, Mr Lyttle, Mr E McCann, Mr McGlone, Mr McGrath, Mr McKee, Mr McPhillips, Ms Mallon, Mr Mullan, Mr Nesbitt, Mrs Overend, Mrs Palmer, Mr Smith, Mr Swann

Tellers for the Ayes: Ms Armstrong, Dr Farry.

NOES

Mr Anderson, Ms Archibald, Mr Bell, Mr Boylan, Mr M Bradley, Ms P Bradley, Mr K Buchanan, Mr T Buchanan, Ms Bunting, Mrs Cameron, Mr Clarke, Ms Dillon, Mr Douglas, Mr Dunne, Mr Easton, Ms Fearon, Mr Frew, Ms Gildernew, Mr Girvan, Mr Givan, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kearney, Mr Kelly, Mrs Little Pengelly, Ms Lockhart, Mr Lynch, Mr Lyons, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Mr McElduff, Mr McGuigan, Mr McGuinness, Miss McIlveen, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Middleton, Mr Milne, Mr Murphy, Ms Ní Chuilín, Mr Ó Muilleoir, Mrs O'Neill, Mr Poots, Mr Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Stalford, Mr Storey, Ms Sugden, Mr Weir, Mr Wells.

Tellers for the Noes: Mr McMullan, Mr Robinson.

The Motion fell.

Northern Ireland Assembly

Papers Presented to the Assembly on
4 October 2016

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

5. Assembly Reports

6. Statutory Rules

SR 2016/364 The Gas (Designation of Pipelines) Order (Northern Ireland) 2016 (DfE).

7. Written Ministerial Statements

8. Consultation Documents

The Draft Local Government (Payment to Councillors) Regulations (Northern Ireland) 2016 (DfC).

9. Departmental Publications

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 4 October 2016

2016-2021 Mandate
Executive Bills

2016-2021 Mandate
Non-Executive Bills

/ Bills progressing by accelerated passage