Minutes of Proceedings
Session: 2012/2013
Date: 20 November 2012
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. Committee Business
2.1 Motion - Ad Hoc Committee on Conformity with Equality Requirements
The motion was debated on 19 November 2012. A valid Petition of Concern was presented under Standing Order 28 on 19 November 2012 in relation to the motion. The vote on the motion was therefore taken on 20 November 2012.
The Speaker informed Members that, because a valid Petition of Concern was tabled on the motion, Standing Order 60(4) applied.
Proposed:
That, as provided for in Standing Order 60(4), the Welfare Reform Bill may proceed without reference to an ad hoc committee on conformity with Equality Requirements.
Speaker
The Question being put, the Motion was negatived (Division 1).
3. Assembly Business
3.1 Motion - Establishment of an Ad Hoc Committee on Conformity with Equality Requirements - Welfare Reform Bill
Proposed:
That, as provided for in Standing Orders 53(1) and 60(1), this Assembly establishes an ad hoc committee to examine and report on whether the provisions of the Welfare Reform Bill are in conformity with the requirements for equality and observance of human rights.
Composition:DUP - 4
Sinn Féin - 3
UUP - 2
SDLP - 1
Alliance - 1
Quorum:The quorum shall be five members.
Procedure:The procedures of the Committee shall be such as the Committee shall determine.
Mr P Weir
Ms C Ruane
Mr R Swann
Mr P Ramsey
Mr S Dickson
The Question being put, the Motion was carried without division.
4. Executive Committee Business
4.1 Consideration Stage: Inquiry into Historical Institutional Abuse Bill (NIA 7/11-15)
The junior Minister, Mr Jonathan Bell, moved the Consideration Stage of the Inquiry into Historical Institutional Abuse Bill.
79 amendments were selected.
Clauses
After debate, Amendment 1 to Clause 1 was negatived (Division 2).
The sitting was suspended at 12.37pm.
The sitting resumed at 2.00pm, with the Deputy Speaker (Mr Beggs) in the Chair.
5. Question Time
5.1 Enterprise, Trade and Investment
Questions were put to, and answered by, the Minister of Enterprise, Trade and Investment, Mrs Arlene Foster.
5.2 Environment
Questions were put to, and answered by, the Minister of the Environment, Mr Alex Attwood.
6. Executive Committee Business (Cont’d)
6.1 Consideration Stage: Inquiry into Historical Institutional Abuse Bill (NIA 7/11-15) (Cont’d)
Debate resumed on the motion.
After debate, Amendment 2 to Clause 1 was negatived without division.
After debate, Amendment 3 to Clause 1 was made without division.
After debate, Amendment 4 was not moved.
After debate, Amendment 5 to Clause 1 was made without division.
After debate, Amendment 6 to Clause 1 was made without division.
After debate, Amendment 7 to Clause 1 was made without division.
After debate, Amendment 8 to Clause 1 was made without division.
The Principal Deputy Speaker (Mr Molloy) took the Chair.
After debate, Amendment 9 to Clause 1 was negatived (Division 3).
The question being put, it was agreed without division that Clause 1, as amended, stand part of the Bill.
After debate, Amendments 10 to 14 to Clause 2 were made without division.
The question being put, it was agreed without division that Clause 2, as amended, stand part of the Bill.
After debate, Amendments 15 and 16 to Clause 3 were made without division.
The question being put, it was agreed without division that Clause 3, as amended, stand part of the Bill.
After debate, Amendments 17 to 19 to Clause 4 were made without division.
The question being put, it was agreed without division that Clause 4, as amended, stand part of the Bill.
After debate, Amendment 20 to Clause 5 was made without division.
After debate, Amendment 21 to Clause 5 was negatived without division.
After debate, Amendment 22 to Clause 5 was negatived without division.
After debate, Amendment 23 to Clause 5 was made without division.
As Amendment 22 was not made, Amendments 24 and 25 were not called.
After debate, Amendment 26 to Clause 5 was made without division.
As Amendment 22 was not made, Amendments 27 and 28 were not called.
After debate, Amendment 29 was not moved.
As Amendment 22 was not made, Amendment 30 was not called.
The question being put, it was agreed without division that Clause 5, as amended, stand part of the Bill.
After debate, Amendments 31 and 32 to Clause 6 were made without division.
After debate, Amendment 33 to Clause 6 was made without division.
After debate, Amendment 34 to Clause 6 was made without division.
After debate, Amendment 35 to Clause 6 was made without division.
The question being put, it was agreed without division that Clause 6, as amended, stand part of the Bill.
After debate, Amendment 36 to Clause 7 was made without division.
After debate, Amendments 37 to 39 to Clause 7 were made without division.
After debate, Amendment 40 to Clause 7 was made without division.
The question being put, it was agreed without division that Clause 7, as amended, stand part of the Bill.
After debate, Amendment 41 to Clause 8 was made without division.
After debate, Amendments 42 to 44 to Clause 8 were made without division.
The question being put, it was agreed without division that Clause 8, as amended, stand part of the Bill.
After debate, Amendments 45 to 48 to Clause 9 were made without division.
After debate, Amendment 49 to Clause 9 was made without division.
The question being put, it was agreed without division that Clause 9, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clause 10 stand part of the Bill.
After debate, Amendment 50, inserting new Clause 10A after Clause 10, was made without division.
After debate, Amendment 51, inserting new Clause 10B after Clause 10, was made without division.
After debate, Amendment 52, inserting new Clause 10C after Clause 10, was made without division.
After debate, Amendment 53 to Clause 11 was made without division.
After debate, Amendment 54 to Clause 11 was made without division.
After debate, Amendment 55 to Clause 11 was made without division.
After debate, Amendment 56 to Clause 11 was made without division.
After debate, Amendment 57 to Clause 11 was made without division.
The question being put, it was agreed without division that Clause 11, as amended, stand part of the Bill.
After debate, Amendment 58 to Clause 12 was made without division.
After debate, Amendment 59 to Clause 12 was made without division.
The question being put, it was agreed without division that Clause 12, as amended, stand part of the Bill.
After debate, Amendments 60 to 63 to Clause 13 were made without division.
The question being put, it was agreed without division that Clause 13, as amended, stand part of the Bill.
After debate, Amendment 64 to Clause 14 was made without division.
After debate, Amendment 65 to Clause 14 was made without division.
The question being put, it was agreed without division that Clause 14, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 15 to 17 stand part of the Bill.
After debate, Amendment 66 to Clause 18 was made without division.
After debate, Amendment 67 to Clause 18 was made without division.
After debate, Amendment 68 to Clause 18 was made without division.
The question being put, it was agreed without division that Clause 18, as amended, stand part of the Bill.
After debate, Amendment 69 to Clause 19 was made without division.
The question being put, it was agreed without division that Clause 19, as amended, stand part of the Bill.
After debate, Amendment 70 to Clause 20 was made without division.
The question being put, it was agreed without division that Clause 20, as amended, stand part of the Bill.
After debate, Amendment 71 to Clause 21 was negatived without division.
After debate, Amendment 72 to Clause 21 was made without division.
As Amendment 2 was not made, Amendment 73 was not called.
After debate, Amendment 74 to Clause 21 was made without division.
As Amendment 2 was not made, Amendment 75 was not called.
After debate, Amendment 76 to Clause 21 was made without division.
After debate, Amendment 77 to Clause 21 was made without division.
After debate, Amendment 78 to Clause 21 was made without division.
The question being put, it was agreed without division that Clause 21, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 22 and 23 stand part of the Bill.
Long Title
After debate, Amendment 79 to the Long Title was made without division.
The question being put, the Long Title, as amended, was agreed without division.
Bill NIA 7/11-15 passed Consideration Stage and stood referred to the Speaker.
6.2 Consideration Stage: Charities Bill (NIA 11/11-15)
The Minister for Social Development, Mr Nelson McCausland, moved the Consideration Stage of the Charities Bill.
Three amendments were tabled to the Bill.
Clauses
The question being put, it was agreed without division that Clauses 1 and 2 stand part of the Bill.
After debate, Amendment 1, inserting new Clause 2A after Clause 2, was made without division.
After debate, the question that Clause 3 stand part of the Bill was negatived without division.
The question being put, it was agreed without division that Clauses 4 and 5 stand part of the Bill.
After debate, Amendment 2 to Clause 6 was made without division.
The question being put, it was agreed without division that Clause 6, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 7 and 8 stand part of the Bill.
After debate, Amendment 3 to Clause 9 was made without division.
The question being put, it was agreed without division that Clause 9, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 10 and 11 stand part of the Bill.
Schedules
The question being put, it was agreed without division that Schedules 1 and 2 stand part of the Bill.
Long Title
The question being put, the Long Title was agreed without division.
Bill NIA 11/11-15 passed Consideration Stage and stood referred to the Speaker.
6.3 Legislative Consent Motion: Small Charitable Donations Bill
Proposed:
That this Assembly endorses the principle of the extension to Northern Ireland of the Small Charitable Donations Bill and that its operation be made an excepted matter under the Northern Ireland Act 1998.
Minister for Social Development
The Deputy Speaker (Mr Dallat) took the Chair.
Debate ensued.
The Question being put, the Motion was carried without division.
7. Private Members’ Business
7.1 Motion - Energy Strategy
Proposed:
That this Assembly notes that approximately 99 percent of primary energy needs are met from imported fossil fuels, which costs approximately £2.3 billion annually; recognises the need to improve energy security and energy independence; further notes the importance of reducing the cost and our exposure to price fluctuations in fossil fuels, while creating Northern Ireland based jobs through the expansion of indigenous renewables and low carbon energy sources; and calls on the Minister of Enterprise, Trade and Investment, in conjunction with the Executive, to develop a long-term energy strategy for a low carbon future.
Ms A Lo
Mr T Lunn
Mr K McCarthy
Debate ensued.
The Question being put, the Motion was carried without division.
8. Adjournment
Ms Anna Lo spoke to her topic on Multiple Deprivation in the Belvoir area of South Belfast.
The Speaker took the Chair.
Proposed:
That the Assembly do now adjourn.
The Speaker
The Assembly adjourned at 8.13pm.
Mr William Hay
The Speaker
20 November 2012
Northern Ireland Assembly
20 November 2012
Division 1
Motion - Ad Hoc Committee on Conformity with Equality Requirements - SO 60(4) (vote on the motion without further debate)
Proposed:
That, as provided for in Standing Order 60(4), the Welfare Reform Bill may proceed without reference to an ad hoc committee on conformity with Equality Requirements.
Speaker
The Question was put and the Assembly divided.
Ayes: 41
Noes: 52
Ayes
Unionist:
Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell,
Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr McClarty, Mr I McCrea,
Mr D McIlveen, Miss M McIlveen, Mr McNarry, Mr McQuillan, Mr Moutray, Mr Newton,
Mr G Robinson, Mr Ross, Mr Storey, Mr Weir, Mr Wells.
Other:
Mrs Cochrane, Mr Dickson, Dr Farry, Mr Ford, Ms Lo, Mr Lyttle, Mr McCarthy.
Tellers for the Ayes: Ms P Bradley and Ms Brown.
Noes
Nationalist:
Mr Attwood, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Dallat, Mr Durkan, Mr Eastwood, Ms Fearon, Mr Flanagan, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr F McCann,
Ms J McCann, Mr McCartney, Ms McCorley, Mr McDevitt, Dr McDonnell, Mr McElduff,
Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Molloy, Ms Ní Chuilín, Mr Ó hOisín, Mrs O'Neill, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.
Unionist:
Mr Copeland, Mr Cree, Mrs Dobson, Mr Elliott, Mr Gardiner, Mr Hussey, Mr Kinahan,
Mr McCallister, Mr B McCrea, Mr Nesbitt, Mrs Overend, Mr Swann.
Other:
Mr Agnew.
Tellers for the Noes: Mr Durkan and Ms Ruane.
Total Votes 93 Total Ayes 41 [44.1%%]
Nationalist Votes 39 Nationalist Ayes 0 [0.0%%]
Unionist Votes 46 Unionist Ayes 34 [73.9%%]
Other Votes 8 Other Ayes 7 [87.5%%]
The Motion was negatived [by parallel consent.]
Northern Ireland Assembly
20 November 2012
Division 2
Consideration Stage: Inquiry into Historical Institutional Abuse Bill (NIA 7/11-15) - Amendment 1
Proposed:
Clause 1, Page 1, Line 5
At beginning insert -
‘Subject to this section,’
Mr Colum Eastwood
Mr Conall McDevitt
The Question was put and the Assembly divided.
Ayes: 22
Noes: 70
Ayes
Mr Agnew, Mr Allister, Mr D Bradley, Mr Byrne, Mr Dallat, Mr Dickson, Mr Durkan, Mr Eastwood, Mr Ford, Mrs D Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCarthy, Mr McClarty, Mr McDevitt,
Dr McDonnell, Mr McGlone, Mrs McKevitt, Mr A Maginness, Mr P Ramsey, Mr Rogers.
Tellers for the Ayes: Mrs McKevitt and Mr Rogers.
Noes
Mr Anderson, Mr Bell, Ms Boyle, Ms P Bradley, Mr Brady, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, Mr Copeland, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott,
Ms Fearon, Mr Flanagan, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton,
Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr G Kelly, Mr Kinahan, Mr Lynch, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland,
Ms McCorley, Mr B McCrea, Mr I McCrea, Mr McElduff, Ms McGahan, Mr McGimpsey,
Mr M McGuinness, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin,
Mr Mitchel McLaughlin, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Moutray, Mr Nesbitt,
Mr Newton, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr Poots,
Ms S Ramsey, Mr G Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Swann, Mr Weir, Mr Wells.
Tellers for the Noes: Ms Fearon and Mr G Robinson.
The Amendment was negatived.
Northern Ireland Assembly
20 November 2012
Division 3
Consideration Stage: Inquiry into Historical Institutional Abuse Bill (NIA 7/11-15) - Amendment 9
Proposed:
Clause 1, Page 1, Line 16
At end insert -
‘(6) Without prejudice to any finding it may make in its final report, the inquiry panel may publish an interim report on the requirement or desirability for redress to be provided by the Executive to victims of historical institutional abuse.’
Mr Colum Eastwood
Mr Conall McDevitt
The Question was put and the Assembly divided.
Ayes: 21
Noes: 70
Ayes
Mr Agnew, Mr D Bradley, Mr Byrne, Mrs Cochrane, Mr Dallat, Mr Dickson, Mr Durkan,
Mr Eastwood, Mr Ford, Mrs D Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCarthy, Mr McDevitt,
Dr McDonnell, Mr McGlone, Mrs McKevitt, Mr A Maginness, Mr P Ramsey, Mr Rogers.
Tellers for the Ayes: Mr Durkan and Mrs McKevitt.
Noes
Mr Allister, Mr Anderson, Mr Bell, Mr Boylan, Ms Boyle, Ms P Bradley, Mr Brady, Ms Brown,
Mr Buchanan, Mr Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan,
Mrs Hale, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Kennedy, Mr Kinahan, Mr Lynch, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Mr McClarty, Ms McCorley, Mr B McCrea, Mr I McCrea, Ms McGahan,
Mr McGimpsey, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin,
Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Moutray, Mr Nesbitt, Mr Newton,
Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr Poots, Ms S Ramsey,
Mr G Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Swann, Mr Weir, Mr Wells.
Tellers for the Noes: Mr McAleer and Mr G Robinson.
The Amendment was negatived.
Inquiry into Historical Institutional Abuse Bill
Marshalled List of Amendments
Consideration Stage
Tuesday 20 November 2012
Amendments tabled up to 9.30am Thursday, 15 November 2012 and selected for debate
The Bill will be considered in the following order-
Clauses and Long Title
Amendment 1
Clause 1, Page 1, Line 5
At beginning insert -
‘Subject to this section,’
Mr Colum Eastwood
Mr Conall McDevitt
Amendment 2
Clause 1, Page 1, Line 5
Leave out from ‘as’ to the end of line 7 and insert -
‘(a) to examine the arrangements in place in institutions in Northern Ireland for the protection of children from abuse during the period between 1922 and 1995;
(b) to examine if there were systemic failings by institutions or the state in their duties towards children in their care during the period between 1922 and 1995;
(c) to make relevant findings and recommendations, including recommendations to ensure that abuse is prevented effectively in the future.’
Mr Jim Allister
Amendment 3
Clause 1, Page 1, Line 7
Leave out ‘31st May’ and insert ‘18th October’
The First Minister and deputy First Minister
Amendment 4
Clause 1, Page 1, Line 7
At end insert -
‘(2A) The inquiry may report recommendations on changes to law, practice and procedure to prevent future abuse.’
Mr Colum Eastwood
Mr Conall McDevitt
Amendment 5
Clause 1, Page 1, Line 8
Leave out ‘amend the terms of reference of the inquiry at any time’ and insert ‘at any time amend the terms of reference of the inquiry by order’
The First Minister and deputy First Minister
Amendment 6
Clause 1, Page 1, Line 9
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 7
Clause 1, Page 1, Line 10
At end insert ‘if a draft of the order has been laid before, and approved by resolution of, the Assembly’
The First Minister and deputy First Minister
Amendment 8
Clause 1, Page 1, Line 12
Leave out ‘1945’ and insert ‘1922’
The First Minister and deputy First Minister
Amendment 9
Clause 1, Page 1, Line 16
At end insert -
‘(6) Without prejudice to any finding it may make in its final report, the inquiry panel may publish an interim report on the requirement or desirability for redress to be provided by the Executive to victims of historical institutional abuse.’
Mr Colum Eastwood
Mr Conall McDevitt
Amendment 10
Clause 2, Page 1, Line 21
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 11
Clause 2, Page 2, Line 5
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 12
Clause 2, Page 2, Line 8
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 13
Clause 2, Page 2, Line 9
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 14
Clause 2, Page 2, Line 10
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 15
Clause 3, Page 2, Line 41
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 16
Clause 3, Page 2, Line 42
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 17
Clause 4, Page 3, Line 11
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 18
Clause 4, Page 3, Line 13
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 19
Clause 4, Page 3, Line 16
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 20
Clause 5, Page 3, Line 21
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 21
Clause 5, Page 3
Leave out lines 23 to 33
Mr Jim Allister
Amendment 22
Clause 5, Page 3, Line 23
Leave out ‘a notice given to the presiding member’ and insert -
‘an order made’
Mr Colum Eastwood
Mr Conall McDevitt
Amendment 23
Clause 5, Page 3, Line 23
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 24
Clause 5, Page 3, Line 25
Leave out ‘a notice’ and insert ‘an order’
Mr Colum Eastwood
Mr Conall McDevitt
Amendment 25
Clause 5, Page 3, Line 26
Leave out ‘notice is sent’ and insert ‘order is made’
Mr Colum Eastwood
Mr Conall McDevitt
Amendment 26
Clause 5, Page 3, Line 28
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 27
Clause 5, Page 3, Line 29
Leave out ‘give a notice’ and insert ‘make an order’
Mr Colum Eastwood
Mr Conall McDevitt
Amendment 28
Clause 5, Page 3, Line 31
Leave out ‘set out in the notice’ and insert ‘publish’
Mr Colum Eastwood
Mr Conall McDevitt
Amendment 29
Clause 5, Page 3
Leave out lines 32 and 33
Mr Colum Eastwood
Mr Conall McDevitt
Amendment 30
Clause 5, Page 3, Line 33
At end insert -
‘(5) No order shall be made under subsection (1)(b) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.’
Mr Colum Eastwood
Mr Conall McDevitt
Amendment 31
Clause 6, Page 3, Line 37
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 32
Clause 6, Page 3, Line 39
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 33
Clause 6, Page 3, Line 40
At end insert -
‘(2A) Subject to any provision of rules under section 18, a statement made to the inquiry on oath by a person outside Northern Ireland through a live link is to be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 as having been made in Northern Ireland.’
The First Minister and deputy First Minister
Amendment 34
Clause 6, Page 4, Line 2
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 35
Clause 6, Page 4, Line 3
At end insert -
‘(4) In this section “live link” means a live television link or other arrangement whereby a person, while absent from the place where the inquiry is being held, is able to see and hear, and be seen and heard by, a person at that place.
(5) For the purposes of subsection (4) any impairment of sight or hearing is to be disregarded.’
The First Minister and deputy First Minister
Amendment 36
Clause 7, Page 4, Line 5
After ‘Subject to’ insert ‘subsection (3) and’
The First Minister and deputy First Minister
Amendment 37
Clause 7, Page 4, Line 6
Leave out ‘presiding member’ (in both places) and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 38
Clause 7, Page 4, Line 14
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 39
Clause 7, Page 4, Line 15
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 40
Clause 7, Page 4, Line 16
At end insert -
‘(3) The proceedings of that part of the inquiry described in its terms of reference as the Acknowledgment Forum are to be held in private and references to the inquiry in subsection (1) do not include that part of the inquiry.’
The First Minister and deputy First Minister
Amendment 41
Clause 8, Page 4, Line 21
At end insert -
‘(c) disclosure or publication of the identity of any person’
The First Minister and deputy First Minister
Amendment 42
Clause 8, Page 4, Line 23
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 43
Clause 8, Page 4, Line 27
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 44
Clause 8, Page 5, Line 1
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 45
Clause 9, Page 5, Line 19
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 46
Clause 9, Page 5, Line 27
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 47
Clause 9, Page 6, Line 1
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 48
Clause 9, Page 6, Line 4
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 49
Clause 9, Page 6, Line 8
At end insert-
‘(7) The powers conferred by this section are exercisable only in respect of evidence, documents or other things which are wholly or primarily concerned with a transferred matter.
(8) In subsection (7) “transferred matter”, in relation to a power conferred by this section, means a matter which, when the power is exercised, is a transferred matter within the meaning of the Northern Ireland Act 1998.’
The First Minister and deputy First Minister
Amendment 50
New Clause
After clause 10 insert -
‘Reports
Submission of reports
10A.-(1) The chairperson must deliver the report of the inquiry to the First Minister and deputy First Minister at least two weeks before it is published (or such other period as may be agreed between the First Minister and deputy First Minister acting jointly and the chairperson).
(2) In this section “report” includes an interim report.’
The First Minister and deputy First Minister
Amendment 51
New Clause
After clause 10 insert -
‘Publication of reports
10B.-(1) The chairperson must make arrangements for the report of the inquiry to be published.
(2) Subject to subsection (3), the report of the inquiry must be published in full.
(3) The chairperson may withhold material from publication to such extent—
(a) as is required by any statutory provision, enforceable EU obligation or rule of law, or
(b) as the chairperson considers to be necessary in the public interest, having regard in particular to the matters mentioned in subsection (4).
(4) Those matters are—
(a) the extent to which withholding material might inhibit the allaying of public concern;
(b) any risk of harm or damage that could be avoided or reduced by withholding any material;
(c) any conditions as to confidentiality subject to which a person acquired information which that person has given to the inquiry.
(5) Subsection (4)(b) does not affect any obligation of a public authority that may arise under the Freedom of Information Act 2000.
(6) In this section-
“public authority” has the same meaning as in the Freedom of Information Act 2000;
“report” includes an interim report.’
The First Minister and deputy First Minister
Amendment 52
New Clause
After clause 10 insert -
‘Laying of reports before the Assembly
10C. Whatever is required to be published under section 10B must be laid before the Assembly by the First Minister and deputy First Minister acting jointly, either at the time of publication or as soon afterwards as is reasonably practicable.’
The First Minister and deputy First Minister
Amendment 53
Clause 11, Page 6, Line 21
Leave out ‘OFMDFM may award such amounts as it’ and insert ‘The chairperson may, with the approval of OFMDFM, award such amounts as the chairperson’
The First Minister and deputy First Minister
Amendment 54
Clause 11, Page 6, Line 26
After ‘where’ insert ‘the chairperson with the approval of’
The First Minister and deputy First Minister
Amendment 55
Clause 11, Page 6, Line 30
Leave out ‘attending the inquiry to give evidence or’ and insert ‘giving evidence to the inquiry or attending the inquiry’
The First Minister and deputy First Minister
Amendment 56
Clause 11, Page 6, Line 32
Leave out ‘OFMDFM’ and insert ‘the chairperson’
The First Minister and deputy First Minister
Amendment 57
Clause 11, Page 6, Line 35
After ‘OFMDFM’ insert ‘and notified by OFMDFM to the chairperson’
The First Minister and deputy First Minister
Amendment 58
Clause 12, Page 7, Line 1
At end insert -
‘(1A) OFMDFM must pay any amounts awarded under section 11.’
The First Minister and deputy First Minister
Amendment 59
Clause 12, Page 7, Line 8
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 60
Clause 13, Page 7, Line 22
Leave out from ‘fails’ to the end of line 24 and insert ‘without reasonable excuse-
(a) contravenes a restriction order; or
(b) fails to do anything which that person is required to do by a notice under section 9,
is guilty of an offence.’
The First Minister and deputy First Minister
Amendment 61
Clause 13, Page 7, Line 39
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 62
Clause 13, Page 8, Line 1
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 63
Clause 13, Page 8, Line 3
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 64
Clause 14, Page 8, Line 13
Leave out ‘a notice under section 9 or a restriction order’ and insert ‘, or acts in breach of, a notice under section 9 or an order made by the chairperson’
The First Minister and deputy First Minister
Amendment 65
Clause 14, Page 8, Line 15
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 66
Clause 18, Page 9, Line 24
At end insert -
‘(1A) Rules under subsection (1)(a) may in particular-
(a) provide that evidence given for the purposes of any particular part of the inquiry must not be disclosed-
(i) in the proceedings of any other part of the inquiry unless the chairperson so orders; or
(ii) in any criminal or civil proceedings in Northern Ireland unless it is necessary to avoid a breach of Convention rights (within the meaning of the Human Rights Act 1998);
(b) make provision for orders similar to witness anonymity orders within the meaning of section 86 of the Coroners and Justice Act 2009.’
The First Minister and deputy First Minister
Amendment 67
Clause 18, Page 9, Line 28
Leave out ‘inquiry panel’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 68
Clause 18, Page 9, Line 28
Leave out ‘panel’ in the second place where it occurs and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 69
Clause 19, Page 9, Line 34
After ‘Northern Ireland’ insert ‘except as provided by subsection (2).
(2) The powers conferred by section 9 are not exercisable so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of Her Majesty’s Government in the United Kingdom, the Scottish Ministers or the Welsh Ministers.’
The First Minister and deputy First Minister
Amendment 70
Clause 20, Page 10, Line 1
Leave out subsection (2)
The First Minister and deputy First Minister
Amendment 71
Clause 21, Page 10, Line 10
At end insert -
‘ “abuse” includes physical or mental violence, injury, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse;’
Mr Jim Allister
Amendment 72
Clause 21, Page 10, Line 11
At end insert -
‘ “chairperson” means chairperson of the inquiry;’
The First Minister and deputy First Minister
Amendment 73
Clause 21, Page 10, Line 11
At end insert -
‘ “child” means any person less than 18 years old;’
Mr Jim Allister
Amendment 74
Clause 21, Page 10, Line 12
At end insert -
‘ “harm” includes death or injury;’
The First Minister and deputy First Minister
Amendment 75
Clause 21, Page 10, Line 13
At end insert -
‘ “institution” means any body, society or organisation having responsibility for the care, health or welfare of children in Northern Ireland which, during the period between 1922 and 1995, provided residential accommodation and took decisions about and made provision for the day to day care of children;’
Mr Jim Allister
Amendment 76
Clause 21, Page 10, Line 15
At end insert -
‘ “member” includes chairperson;’
The First Minister and deputy First Minister
Amendment 77
Clause 21, Page 10
Leave out line 18
The First Minister and deputy First Minister
Amendment 78
Clause 21, Page 10, Line 22
Leave out ‘presiding member’ and insert ‘chairperson’
The First Minister and deputy First Minister
Amendment 79
Long Title
Leave out ‘1945’ and insert ‘1922’
The First Minister and deputy First Minister
Charities Bill
Marshalled List of Amendments
Consideration Stage
Tuesday 20 November 2012
Amendments tabled up to 9.30am Thursday, 15 November 2012 and selected for debate
The Bill will be considered in the following order-
Clauses, Schedules and Long Title
Amendment 1
New Clause
After clause 2 insert -
‘Debt relief orders, debt relief restrictions orders and bankruptcy restrictions orders
2A.-(1) The 2008 Act shall be amended as follows.
(2) In section 33 (power to act for protection of charities), in subsection (4)(a) at the end of sub-paragraph (ii) there shall be added “or
(iii) having previously been the subject of a debt relief order, has been discharged from all the qualifying debts under the debt relief order;”.
(3) In section 86 (persons disqualified for being trustees of a charity)-
(a) in subsection (1)-
(i) in paragraph (b), after the word “discharged” there shall be inserted the words “or D is the subject of a bankruptcy restrictions order”;
(ii) after paragraph (g) there shall be added the following paragraph-
“(h) D is subject to—
(i) a moratorium period under a debt relief order; or
(ii) a debt relief restrictions order.”;
(b) in subsection (2)-
(i) in paragraph (b), for the words “or the sequestration” there shall be substituted the words “, the sequestration or the making of the bankruptcy restrictions order”;
(ii) in paragraph (d), for “(g) there shall be substituted “(h)”;
(c) in subsection (3), after “subsection (1)(b)” insert “or (h)”.
(4) In section 87 (person acting as charity trustee while disqualified), in subsection (2)(b) for “or (g)” there shall be substituted “,(g) or (h)”.’
Minister for Social Development
Clause 3
The Minister for Social Development gives notice of his intention to oppose the question that clause 3 stand part of the Bill.
Minister for Social Development
Amendment 2
Clause 6, Page 3, Line 35
Leave out ‘and section 5(2) or, as the case may be, section 5(1)’ and insert ‘or, as the case may be, subsection (1) or (2) of section 5’
Minister for Social Development
Amendment 3
Clause 9, Page 4, Line 21
At end insert -
‘(5) Any other order under this section is subject to negative resolution.’
Minister for Social Development
Northern Ireland Assembly
Papers Presented to the Assembly on
20 November 2012
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
(The department identified after each rule is for reference purposes only)
- S.R. 2012/407 The Juries (Amendment) Regulations (Northern Ireland) 2012 (DOJ)
- S.R. 2012/413 The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations (Northern Ireland) 2012 (DOJ)
For Information Only:
- S.R. 2012/405 (C.39) Licensing and Registration of Clubs (Amendment) (2011 Act) (Commencement No.4) Order (Northern Ireland) 2012 (DSD)
- S.R. 2012/414 The Magistrates’ Courts (Civil Jurisdiction and Judgements Act 1982) (Amendment) Rules (Northern Ireland) 2012 (DOJ)
- S.R. 2012/415 The Magistrates’ Courts (Amendment No.2) Rules (Northern Ireland) 2012 (DOJ)
7. Written Ministerial Statements
8. Consultation Documents
9. Departmental Publications
Corporate Plan for Education 2012-2015 and DE Business Plan 2012-2013
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 20 NOVEMBER 2012
2011-2015 Mandate
Executive Bills
Title & |
First |
Second Stage |
Comm. Stage to Conclude |
Report Ordered to be Printed |
CS |
FCS |
Final Stage |
Royal Assent |
Marine Bill NIA Bill 5/11-15 |
21.02.12 |
05.03.12 |
06.07.12 |
05.07.12 |
|
|
|
|
Superannuation Bill NIA 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 |
|
Inquiry into Historical Institutional Abuse Bill NIA Bill 7/11-15 |
12.06.12 |
25.06.12 |
26.10.12 |
24.10.12 |
20.11.12 |
|
|
|
Business Improvement Districts Bill NIA Bill 9/11-15 |
25.06.12 |
17.09.12 |
13.12.12 |
|
|
|
|
|
Criminal Justice Bill NIA Bill 10/11-15 |
25.06.12 |
03.07.12 |
14.12.12 |
|
|
|
|
|
Charities Bill NIA Bill 11/11-15 |
02.07.12 |
11.09.12 |
23.10.12 |
23.10.12 |
20.11.12 |
|
|
|
Welfare Reform Bill NIA Bill 13/11-15 |
01.10.12 |
09.10.12 |
27.11.12 |
|
|
|
|
|
Education Bill NIA Bill 14/11-15 |
02.10.12 |
15.10.12 |
03.12.12 |
|
|
|
|
|
/Air Passenger Duty (Setting of Rate) Bill NIA Bill 15/11-15 |
08.10.12 |
16.10.12 |
N/A |
N/A |
22.10.12 |
05.11.12 |
06.11.12 |
|
Water and Sewerage Services (Amendment) Bill NIA Bill 16/11-15 |
19.11.12 |
|
|
|
|
|
|
|
2011-2015 Mandate
Non-Executive Bills
Title & |
First |
Second Stage |
Comm. Stage to Conclude |
Report Ordered to be Printed |
CS |
FCS |
Final Stage |
Royal Assent |
Civil Service (Special Advisers) Bill NIA Bill 12/11-15 |
02.07.12 |
25.09.12 |
15.02.13 |
|
|
|
|
|
/ Bill progressing by accelerated passage
** Please note that any bills that received Royal Assent in the previous session have been removed from the table