Minutes of Proceedings

Members observed two minutes’ silence.

2. Assembly Business

2.1 Motion - Suspend Standing Orders

Proposed:

That Standing Orders 10(2) to 10(4) be suspended for 19 November 2012.

Mr P Weir
Ms C Ruane
Mr R Swann
Mr P Ramsey
Mr S Dickson

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

3. Executive Committee Business

3.1 First Stage - Water and Sewerage Services (Amendment) Bill (NIA 16/11-15)

The Minister for Regional Development, Mr Danny Kennedy, introduced a Bill to enable the Department for Regional Development to continue to make payments to water and sewerage undertakers for a limited period; and to make provision requiring certain notices to be registered in the Statutory Charges Register.

Bill passed First Stage and ordered to be printed.

3.2 Final Stage - Superannuation Bill (NIA 6/11-15)

The Minister of Finance and Personnel, Mr Sammy Wilson, moved that the Final Stage of the Superannuation Bill (NIA 6/11-15) do now pass.

Debate ensued.

The Superannuation Bill passed Final Stage.     

4. Committee Business

4.1 Motion - Report on complaints against Mr Jim Wells MLA

A valid Petition of Concern was presented in relation to this motion under Standing Order 28, on Friday 16 November (Appendix 1).

Proposed:

That this Assembly, in consideration of the report of the Committee on Standards and Privileges (NIA 71/11-15), imposes upon Mr Jim Wells MLA the sanction of exclusion from proceedings of the Assembly for a period of seven days beginning on the day after the resolution.

Deputy Chairperson, Committee on Standards and Privileges

Debate ensued.

The Question being put, the Motion was negatived on a cross-community vote (Division 1).

4.2 Motion - Ad Hoc Committee on Conformity with Equality Requirements - Welfare Reform Bill

Following receipt of valid Petitions of Concern (see Appendix 2 and Appendix 3), under Standing Order 28, Members were informed that the votes would be taken on Tuesday 20 November.

Proposed:

That, in accordance with Standing Order 35(10)(a) and (b)(i), the Welfare Reform Bill be referred to an Ad Hoc Committee on Conformity with Equality Requirements; and that the Ad Hoc Committee shall consider and report only whether the provisions of the Bill are in conformity with the requirements for equality and observance of human rights.

Chairperson, Committee for Social Development

4.3 Amendment

Proposed:

Leave out all after ‘35(10)(a);’ and insert:

‘and (b)(ii), the Welfare Reform Bill be referred to an Ad Hoc Committee on Conformity with Equality Requirements; and that the Ad Hoc Committee shall, in addition to considering and reporting on those matters, carry out the role of the statutory committee in relation to the Bill.’

Mr G Campbell
Ms P Bradley

An explanatory statement was made by the Member who proposed the motion and by a Member who opposed it.

The Amendment was not moved.

The Speaker advised Members that the Business Committee motion to establish an Ad Hoc Committee, which was the next item on the Order Paper, could not be moved until the vote took place on the motion to refer the Bill.

The sitting was suspended at 2.25pm.

The sitting resumed at 2.30pm, with the Deputy Speaker (Mr Dallat) in the Chair.

5. Question Time

5.1 Regional Development

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

5.2 Employment and Learning

Questions were put to, and answered by, the Minister for Employment and Learning, Dr Stephen Farry.

6. Private Members’ Business

6.1 Motion - Child Poverty Action Plan

Proposed:

That this Assembly takes account of the recently published Annual Child Poverty Report; notes that the Office of the First Minister and deputy First Minister is falling far short of the targets contained within the Child Poverty Act; and calls on the First Minister and deputy First Minister to publish an action plan for the Child Poverty Strategy.

Mr M Nesbitt
Mr D Kinahan

6.2 Amendment No.1

Proposed:

Leave out all after ‘Report;’ and insert:

‘notes that the child poverty targets set in the UK wide legislation are challenging and that all regions across the UK are struggling to meet the targets, given the current international economic downturn; and calls on the Executive to work with the devolved administrations and the UK Government to identify actions to meet the statutory targets and reduce poverty.’

Mr S Moutray
Mr G Robinson
Mr S Hamilton

6.3 Amendment No.2

Proposed:

At end insert:

‘and to identify additional funds associated with limiting the damage of the recession for use in combating child poverty.’

Mr D McNarry

Debate ensued.

The Deputy Speaker (Mr Beggs) took the Chair.

The Question being put, Amendment No.1 was made (Division 2).

The Question being put, Amendment No.2 was made without division.

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

6.4 Motion: Concern about the Consultation on Cross Border Education

Proposed:

That this Assembly notes, with concern, the consultation on cross border education; recognises that there are circumstances in which parents living close to the border may wish to send their children to a school in the neighbouring jurisdiction; further notes that this only happens in a small minority of cases; expresses concern that this consultation, on an issue of potentially significant consequence for the future of education, was confined to a narrow geographical area; and calls on the Minister of Education to reflect on his priorities and address the outstanding issues which he is already facing such as, area planning, finding an equitable solution on selection and tackling educational inequality. 

Mr D Kinahan
Mrs J Dobson            

6.5 Amendment

Proposed:

Leave out all after first ‘notes’ and insert:

‘the consultation on cross border education; recognises that there are circumstances in which parents living close to the border may wish to send their children to a school in the neighbouring jurisdiction; and calls on the Minister of Education to ensure that this consultation is robust and is included as part of the area planning process.’

Mr S Rogers
Mr D Bradley

Debate ensued.

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

The Question being put, the Amendment was made (Division 3).

The Question being put, the Motion, as amended, was carried (Division 4).

6.6  Motion: Reform of Employment Law

Proposed:

That this Assembly recognises that the national Government has undertaken a review of employment law to reduce the regulatory burden on businesses; and urges the Minister for Employment and Learning to ensure that Northern Ireland does not fall behind the rest of the UK in terms of reforms.

Mr A Ross
Mr P Weir

6.7 Amendment

Proposed:

Leave out all after ‘Assembly’ and insert:

‘notes that the Minister for Employment and Learning has initiated a wide-ranging review of employment law in line with the commitment made in the Economic Strategy; endorses a modern, efficient and integrated employment law system that works in the interests of business, helps our economy to grow, attracts investment and encourages companies to recruit new staff, and at the same time provides sufficient protection for the rights of employees, with opportunities for redress; and calls on the Minister to have due regard to changes in employment law in Great Britain and the Republic of Ireland.’

Mr C Lyttle
Mr S Dickson
Mr K McCarthy

Debate ensued.

The Question being put, the Amendment was made without division.

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

7.  Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 8.48pm.

Mr William Hay
The Speaker
19 November 2012

Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a petition of concern, in accordance with Standing Order 28, on Friday 16 November in relation to the following motion.  

Report on complaints against Mr Jim Wells MLA

That this Assembly, in consideration of the report of the Committee on Standards and Privileges (NIA 71/11-15), imposes upon Mr Jim Wells MLA the sanction of exclusion from proceedings of the Assembly for a period of seven days beginning on the day after the resolution.

MR SYDNEY ANDERSON
MS PAULA BRADLEY
MS PAM BROWN
MR THOMAS BUCHANAN
MR GREGORY CAMPBELL
MR TREVOR CLARKE
MR JONATHAN CRAIG
MR SAMMY DOUGLAS
MR GORDON DUNNE
MR ALEX EASTON
MR PAUL FREW
MR PAUL GIRVAN
MR PAUL GIVAN
MRS BRENDA HALE
MR SIMON HAMILTON
MR DAVID HILDITCH
MR WILLIAM HUMPHREY
MR WILLIAM IRWIN
MR NELSON MCCAUSLAND
MR IAN MCCREA
MR DAVID MCILVEEN
MISS MICHELLE MCILVEEN
MR ADRIAN MCQUILLAN
LORD MORROW
MR STEPHEN MOUTRAY
MR ROBIN NEWTON
MR EDWIN POOTS
MR GEORGE ROBINSON
MR JIMMY SPRATT
MR MERVYN STOREY
MR PETER WEIR
MR SAMMY WILSON

Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a petition of concern, in accordance with Standing Order 28, on Monday 19 November in relation to the following motion.  

Ad Hoc Committee on Conformity with Equality Requirements - Welfare Reform Bill

That, in accordance with Standing Order 35(10)(a) and (b)(i), the Welfare Reform Bill be referred to an Ad Hoc Committee on Conformity with Equality Requirements; and that the Ad Hoc Committee shall consider and report only whether the provisions of the Bill are in conformity with the requirements for equality and observance of human rights.

MR DAITHÍ MCKAY
MS JENNIFER MCCANN
MRS MICHELLE O’NEILL
MR GERRY KELLY
MR CATHAL Ó hOISÍN
MS ROSALEEN MCCORLEY
MR FRANCIE MOLLOY
MS BRONWYN MCGAHAN
MS MEGAN FEARON
MR PHIL FLANAGAN
MR CHRIS HAZZARD
MR JOHN O’DOWD
MR ALEX MASKEY
MS CAITRÍONA RUANE
MR RAYMOND MCCARTNEY
MS MAEVE MCLAUGHLIN
MR BARRY MCELDUFF
MR MICKEY BRADY
MR SEAN LYNCH
MR CATHAL BOYLAN
MS MICHAELA BOYLE
MR MITCHEL MCLAUGHLIN
MS CARÁL Ní CHIULÍN
MS SUE RAMSEY
MR PAT SHEEHAN
MR OLIVER MCMULLAN
MR DECLAN MCALEER
MR MARK H DURKAN
MR PAT RAMSEY
MR COLUM EASTWOOD
MRS DOLORES KELLY
MR SEAN ROGERS
MR JOHN DALLAT
MRS KAREN MCKEVITT
MR CONALL MCDEVITT
MR ALBAN MAGINNESS
MR DOMINIC BRADLEY
MR PATSY MCGLONE
DR ALASDAIR MCDONNELL
MR JOE BYRNE

Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a petition of concern, in accordance with Standing Order 28, on Monday 19 November in relation to the following amendment.  

Ad Hoc Committee on Conformity with Equality Requirements - Welfare Reform Bill

Leave out all after ‘35(10)(a);’ and insert:

‘and (b)(ii), the Welfare Reform Bill be referred to an Ad Hoc Committee on Conformity with Equality Requirements; and that the Ad Hoc Committee shall, in addition to considering and reporting on those matters, carry out the role of the statutory committee in relation to the Bill.’

MS JENNIFER MCCANN
MRS MICHELLE O’NEILL
MR GERRY KELLY
MR CATHAL Ó hOISÍN
MR FRANCIE MOLLOY
MS BRONWYN MCGAHAN
MR DAITHÍ MCKAY
MS ROSALEEN MCCORLEY
MS MEGAN FEARON
MR DECLAN MCALEER
MR PHIL FLANAGAN
MR CHRIS HAZZARD
MR JOHN O’DOWD
MR ALEX MASKEY
MS CAITRÍONA RUANE
MR RAYMOND MCCARTNEY
MS MAEVE MCLAUGHLIN
MR BARRY MCELDUFF
MR MICKEY BRADY
MR SEAN LYNCH
MR CATHAL BOYLAN
MS MICHAELA BOYLE
MR MITCHEL MCLAUGHLIN
MS CARÁL Ní CHIULÍN
MS SUE RAMSEY
MR PAT SHEEHAN
MR OLIVER MCMULLAN
MR MARK H DURKAN
MR PAT RAMSEY
MR COLUM EASTWOOD
MRS DOLORES KELLY
MR SEAN ROGERS
MR JOHN DALLAT
MRS KAREN MCKEVITT
MR CONALL MCDEVITT
MR ALBAN MAGINNESS
MR DOMINIC BRADLEY
MR PATSY MCGLONE
DR ALASDAIR MCDONNELL
MR JOE BYRNE

Northern Ireland Assembly

19 November 2012
Division 1

Report on complaints against Mr Jim Wells MLA - Motion

Proposed:

That this Assembly, in consideration of the report of the Committee on Standards and Privileges (NIA 71/11-15), imposes upon Mr Jim Wells MLA the sanction of exclusion from proceedings of the Assembly for a period of seven days beginning on the day after the resolution.

The Question was put and the Assembly divided.

Ayes: 49
Noes: 51

Ayes

Nationalist:

Mr Boylan, 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 McAleer,
Mr F McCann, Ms J McCann, 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 Molloy, Ms Ní Chuilín,
Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane,
Mr Sheehan.

Other:

Mr Agnew, Mrs Cochrane, Mr Dickson, Dr Farry, Mr Ford, Ms Lo, Mr Lyttle, Mr McCarthy.

Tellers for the Ayes: Mr Eastwood and Ms Ruane.

Noes

Unionist:

Mr Allister, Mr Anderson, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke,
Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott,
Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch,
Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr McGimpsey, Mr D McIlveen, Miss M McIlveen,
Mr McNarry, Mr McQuillan, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots,
Mr G Robinson, Rt Hon P Robinson, Mr Ross, Mr Storey, Mr Swann, Mr Weir, Mr Wells,
Mr Wilson.

Tellers for the Noes: Mr McQuillan and Mr G Robinson.

Total votes                                               100                         Total Ayes                            49           [49.0%%]

Nationalist Votes                                    41                           Nationalist Ayes  41          [100.0%%]

Unionist Votes                                         51                           Unionist Ayes                         0            [0.0%%]

Other Votes                                             8                              Other Ayes                             8           [100.0%%]

The Motion was negatived (cross-community vote).

Northern Ireland Assembly

19 November 2012
Division 2

Child Poverty Action Plan - Amendment No. 1

Proposed:

Leave out all after ‘Report;’ and insert:

‘notes that the child poverty targets set in the UK wide legislation are challenging and that all regions across the UK are struggling to meet the targets, given the current international economic downturn; and calls on the Executive to work with the devolved administrations and the UK Government to identify actions to meet the statutory targets and reduce poverty.’ 

Mr S Moutray
Mr G Robinson
Mr S Hamilton

The Question was put and the Assembly divided.

Ayes: 58

Noes: 36

Ayes

Mr Anderson, Mr Bell, Mr Boylan, Ms Boyle, Ms P Bradley, Mr Brady, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Ms Fearon, Mr Flanagan, Mr Frew, Mr Girvan, Mrs Hale, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin,
Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr I McCrea, Ms McGahan, Mr D McIlveen, Miss M McIlveen, Mr McKay,
Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr McQuillan, Mr Maskey,
Mr Molloy, Mr Moutray, Mr Newton, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill,
Mr Poots, Ms S Ramsey, Mr G Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr Douglas and Mr G Robinson.

Noes

Mr Agnew, Mr Allister, Mr D Bradley, Mr Byrne, Mrs Cochrane, Mr Cree, Mr Dickson, Mrs Dobson, Mr Durkan, Mr Eastwood, Mr Elliott, Mr Ford, Mr Gardiner, Mr Hussey, Mrs D Kelly, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCarthy, Mr McClarty, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McGimpsey, Mr McGlone, Mrs McKevitt, Mr McNarry,
Mr A Maginness, Mr Nesbitt, Mrs Overend, Mr P Ramsey, Mr Rogers, Mr Swann.

Tellers for the Noes: Mr McCallister and Mrs Overend.

The Amendment was made.

Northern Ireland Assembly

19 November 2012
Division 3

Concern about the Consultation on Cross Border Education - Amendment

Proposed:

Leave out all after first ‘notes’ and insert:

‘the consultation on cross border education; recognises that there are circumstances in which parents living close to the border may wish to send their children to a school in the neighbouring jurisdiction; and calls on the Minister of Education to ensure that this consultation is robust and is included as part of the area planning process.’

Mr S Rogers
Mr D Bradley

The Question was put and the Assembly divided.

Ayes: 48

Noes: 43

Ayes

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

Tellers for the Ayes: Mr Byrne and Mr Rogers.

Noes

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Clarke, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mr Frew, Mr Gardiner,
Mr Girvan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McGimpsey,
Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Mr Moutray, Mr Nesbitt, Mr Newton,
Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Swann, Mr Weir, Mr Wilson.

Tellers for the Noes: Mrs Dobson and Mr Kinahan.

The Amendment was made.

Northern Ireland Assembly

19 November 2012
Division 4

Concern about the Consultation on Cross Border Education – Motion, as amended

Proposed:

That this Assembly notes the consultation on cross-border education; recognises that there are circumstances in which parents living close to the border may wish to send their children to a school in the neighbouring jurisdiction; and calls on the Minister of Education to ensure that this consultation is robust and is included as part of the area planning process.

The Question was put and the Assembly divided.

Ayes: 48

Noes: 43

Ayes

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

Tellers for the Ayes: Mr Byrne and Mr Rogers.

Noes

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Clarke, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mr Frew, Mr Gardiner,
Mr Girvan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McGimpsey,
Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Mr Moutray, Mr Nesbitt, Mr Newton,
Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Swann, Mr Weir, Mr Wilson.

Tellers for the Noes: Mrs Dobson and Mr Kinahan.

The Motion, as amended, was carried.

Northern Ireland Assembly

Papers Presented to the Assembly on
14 - 19 November 2012

1.   Acts of the Northern Ireland Assembly

2.   Bills of the Northern Ireland Assembly

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

3.    Orders in Council

4.    Publications Laid in the Northern Ireland Assembly

5.    Assembly Reports

Review into Bovine Tuberculosis (NIA 83/11-15) (Agriculture and Rural Development Committee)

Inquiry into Unadopted Roads in Northern Ireland (NIA 44/11-15) (Regional Development Committee)

6.    Statutory Rules

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

• S.R. 2012/408 The Civil Registration Regulations (Northern Ireland) 2012 (DFP)

For Information Only:

• S.R. 2012/404 The Parking Places on Roads (Belfast) Order (Northern Ireland) 2012 (DRD)

7.    Written Ministerial Statements

8.    Consultation Documents

9.    Departmental Publications

2013 World Police and Fire Games Limited Annual Report and Accounts for the year ended 31 March 2012 (DCAL)

10.  Agency Publications

11.  Westminster Publications

Mental Health (Approval Functions) Act 2012 Chapter 18

Infrastructure (Financial Assistance) Act 2012 Chapter 16

European Union (Approval of Treaty Amendment Decision) Act 2012 Chapter 15

Local Government Finance Act 2012 Chapter 17

Correction to Legal Aid, Sentencing and Punishment of Offenders Act 2012 Chapter 10

12.  Miscellaneous Publications