Minutes of Proceedings

No. 29-11/15

The Assembly met at noon, the Deputy Speaker Mr Dallat in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Speaker’s Business

2.1 Public Petition - Future of Knockmore Primary School, Lisburn

Mr Paul Givan was granted leave, in accordance with Standing Order 22, to present a Public Petition relating to the future of Knockmore Primary School, Lisburn.

3. Executive Committee Business

3.1 Statement - North South Ministerial Council in Environment Sectoral Format

The Minister of the Environment, Mr Alex Attwood, made a statement regarding the North South Ministerial Council meeting in Environment sectoral format held on 21 October 2011, following which he replied to questions.

4. Committee Business

4.1 Motion - EU Financial Corrections to be levied against the Department of Agriculture and Rural Development

Proposed:

That this Assembly notes the latest announcement by the European Commission on financial corrections to be levied against the Department of Agriculture and Rural Development; expresses concern about the potential effect on the Executive’s Budget; and calls on the Minister of Agriculture and Rural Development to make a full and urgent report to the Assembly on the extent of the financial corrections, the actions she is taking to address the issue of non-compliance and how, when and by whom, these monies will be repaid.

Chairperson, Committee for Agriculture and Rural Development

Debate ensued.

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

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

5. Private Members’ Business

5.1 Motion - Banning Smoking in Cars Carrying Children

Proposed:

That this Assembly recognises the damaging effects of passive smoking; notes that children are particularly exposed to second-hand smoke; and calls on the Minister of Health, Social Services and Public Safety to work closely with the Minister of Justice to bring forward legislation, in association with a public awareness campaign, to ban smoking in cars carrying passengers under the age of 16.

Mr J McCallister
Mr S Gardiner

Debate ensued.

The debate was suspended for Question Time.

6. Question Time

6.1 Office of the First Minister and deputy First Minister

Questions were put to, and answered by, the First Minister, Rt Hon Peter Robinson. Junior Minister, Mr Jonathan Bell, also answered a number of questions.

6.2 Regional Development

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

7. Question for Urgent Oral Answer

7.1 A5 Road Scheme

The Minister for Regional Development, Mr Danny Kennedy, replied to a Question for Urgent Oral Answer, tabled by Mr Pat Doherty.

8. Private Members’ Business (Cont’d)

8.1 Motion - Banning Smoking in Cars Carrying Children (Cont’d)

Debate resumed on the Motion.

The Deputy Speaker (Mr Beggs) took the Chair.

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

8.2 Motion: Prison Review Team Final Report

Proposed:

That this Assembly welcomes the final report of the Prison Review Team; and calls on the Minister of Justice to initiate a plan to ensure that the report's recommendations are implemented and that progress is monitored; and further calls on the Minister to ensure that the appropriate scrutiny and accountability mechanisms are in place.

Mr R McCartney
Ms J McCann
Mr S Lynch

8.3 Amendment 1

Proposed:

Delete all after ‘Assembly’ and insert:

‘notes the publication of the final report of the Prison Review Team; calls on the Minister of Justice to initiate an immediate public consultation on the report; and further calls on the Minister, following the consultation period, to work with the Executive to agree a way forward.’

Mr P Givan
Mr P Weir
Mr S Anderson
Mr J Wells

8.4 Amendment 2

Proposed:

Insert at end:

‘and that the implementation process begins without delay and is completed within 12 months.’

Mr A Maginness
Mr C Eastwood

Debate ensued.

The Deputy Speaker (Mr Dallat) took the Chair.

Amendment No. 1 being put, the Amendment fell (Division 1) .

Amendment No. 2 being put, the Amendment fell without division.

The Question being put, the Motion was carried (Division 2).

7. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 7.14pm.

Mr William Hay
The Speaker
14 November 2011

Northern Ireland Assembly

14 November 2011
Division 1

Prison Review Team Final Report - Amendment 1

Proposed:

Delete all after ‘Assembly’ and insert:

‘notes the publication of the final report of the Prison Review Team; calls on the Minister of Justice to initiate an immediate public consultation on the report; and further calls on the Minister, following the consultation period, to work with the Executive to agree a way forward.’

Mr P Givan
Mr P Weir
Mr S Anderson
Mr J Wells

The Question was put and the Assembly divided.

Ayes: 39
Noes: 45

Ayes

Mr Allister, Mr S Anderson, Mr Bell, Ms P Bradley, Mr Campbell, Mr T Clarke, Mr Craig, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kinahan, Ms Lewis, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mrs Overend, Mr Poots, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells.

Tellers for the Ayes: Mr S Anderson and Mr McQuillan.

Noes

Mr Agnew, Ms M Anderson, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr W Clarke, Mrs Cochrane, Mr Dickson, Mr Doherty, Mr Durkan, Mr Eastwood, Dr Farry, Mr Flanagan, Mr Ford, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mr McGlone, Mrs McKevitt, Mr McMullan, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr Murphy, Mr Ó hOisín, Mr O’Dowd, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Lynch and Mr McMullan.

The Amendment fell.

Northern Ireland Assembly

14 November 2011
Division 2

Prison Review Team Final Report - Motion

Proposed:

That this Assembly welcomes the final report of the Prison Review Team; and calls on the Minister of Justice to initiate a plan to ensure that the report's recommendations are implemented and that progress is monitored; and further calls on the Minister to ensure that the appropriate scrutiny and accountability mechanisms are in place.

Mr R McCartney
Ms J McCann
Mr S Lynch

The Question was put and the Assembly divided.

Ayes: 45
Noes: 39

Ayes

Mr Agnew, Ms M Anderson, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr W Clarke, Mrs Cochrane, Mr Dickson, Mr Doherty, Mr Durkan, Mr Eastwood, Dr Farry, Mr Flanagan, Mr Ford, Ms Gildernew, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Mr McDevitt, Dr McDonnell, Mr McElduff, Mr McGlone, Mrs McKevitt, Mr McMullan, Mr A Maginness, Mr A Maskey, Mr P Maskey, Mr Murphy, Mr Ó hOis ín, Mr O ’Dowd, Mr P Ramsey, Ms S Ramsey, Ms Ritchie, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Lynch and Mr McMullan.

Noes

Mr Allister, Mr S Anderson, Mr Bell, Ms P Bradley, Mr Campbell, Mr T Clarke, Mr Craig, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kinahan, Ms Lewis, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mrs Overend, Mr Poots, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells.

Tellers for the Noes: Mr S Anderson and Mr McQuillan.

The Motion was carried.

Northern Ireland Assembly

Papers Presented to the Assembly on
9 - 14 November 2011

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

The Sports Council for Northern Ireland Annual Report and Accounts for the year ended 31 March 2010 (DCAL)

General Teaching Council for Northern Ireland Annual Report and Accounts for the year ended 31 March 2009 (DE)

Southern Health and Social Care Trust Annual Report 2010-2011 (DHSSPS)

Prisoner Ombudsman for NI Disposal and Retention Schedule (DCAL)

Department of Justice (NI) Disposal and Retention Schedule (DCAL)

Department of Health, Social Services and Public Safety Disposal and Retention Schedule (DCAL)

Northern Health and Social Care Trust Annual Accounts Charitable Trust Funds for the year ended 31 March 2011 (DHSSPS)

5. Assembly Reports

6. Statutory Rules

(The Department identified after each rule is for reference purposes only)

• S.R. 2011/389 The Insolvency Practitioners and Insolvency Account (Fees) (Amendment) Order (Northern Ireland) 2011 (DETI)
• S.R. 2011/390 The Insolvency (Fees) (Amendment No.2) Order (Northern Ireland) 2011 (DETI)
• S.R. 2011/394 The Ballyrobin Road (Route C28), Templepatrick (Abandonment) Order (Northern Ireland) 2011 (DRD)
• S.R. 2011/395 The Rates (Payments by Owners by Agreement) (Amendment) Order (Northern Ireland) 2011 (DFP)
• S.R. 2011/396 The Legal Aid in Criminal Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2011 (DOJ)

7. Written Ministerial Statements

8. Consultation Documents

EU Commission Proposals for Common Agricultural Policy (CAP) Reform Post 2013 (DARD)

9. Departmental Publications

UK Influenza Pandemic Preparedness Strategy 2011 (DHSSPS)

10. Agency Publications

11. Westminster Publications

Coinage (Measurement) Act 2011 - Chapter 17

Armed Forces Act 2011 – Chapter 18

Pensions Act 2011 – Chapter 19

12. Miscellaneous Publications