Minutes of Proceedings

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

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Speaker’s Business

The Speaker invited Mr Jim Allister to clarify comments he had made during a debate on 4 March 2013. Mr Allister clarified the comments he had made. The Speaker issued a warning in relation to any similar comments about a party being made in the future.

3. Executive Committee Business

3.1 Statement - North South Ministerial Council meeting in Education sectoral format

The Minister of Education, Mr John O’Dowd, made a statement regarding the North South Ministerial Council meeting in Education sectoral format, held on 27 February 2013, following which he replied to questions.

3.2 Further Consideration Stage: Criminal Justice Bill (NIA 10/11-15)

A valid Petition of Concern was presented under Standing Order 28 on Monday 11 March 2013 in relation to Amendment 1 (Appendix 1).

The Minister of Justice, Mr David Ford, moved the Further Consideration Stage of the Criminal Justice Bill.

7 amendments were tabled to the Bill.

Debate ensued.

The sitting was suspended at 12.45pm.

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

4. Question Time

4.1 Education

Questions were put to, and answered by, the Minister of Education, Mr John O’Dowd.

4.2 Employment and Learning

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

4.3 Assembly Commission

Questions were put to, and answered by, Members of the Assembly Commission.

The Speaker took the Chair.

5. Executive Committee Business (Cont’d)

5.1 Further Consideration Stage - Criminal Justice Bill (NIA 10/11-15) (Cont’d)

After debate, Amendment 1, inserting new Clause 11A after Clause 11 was negatived (Division).

The Deputy Speaker (Mr Dallat) took the Chair.

After debate, Amendment 2, inserting new Clause 12A after Clause 12 was made without division.

After debate, Amendment 3 to Clause 14 was made without division.

Schedules

After debate, Amendment 4 to Schedule 3 was made without division.

After debate, Amendment 5 to Schedule 3 was made without division.

After debate, Amendment 6 to Schedule 3 was made without division.

After debate, Amendment 7 to the Long Title was made without division.

The Criminal Justice Bill (NIA 10/11-15) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

6. Adjournment

Mr Pat Ramsey spoke to his topic regarding the Woodlands Speech and Language Unit in Derry City Council Area.

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 7.58pm.

Mr William Hay
The Speaker
12 March 2013

Appendix 1  

Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a Petition of Concern, in accordance with Standing Order 28, on Monday 11 March 2013 in relation to Amendment 1 proposed to the Criminal Justice Bill (NIA 10/11-15).

MS BRONWYN MCGAHAN

MS MICHAELA BOYLE

MR BARRY MCELDUFF

MR FRANCIE MOLLOY

MR SEÁN LYNCH

MR DECLAN MCALEER

MR CATHAL Ó HOISÍN

MR FRA MCCANN

MR PAT SHEEHAN

MS SUE RAMSEY

MR DAITHÍ MCKAY

MR CHRIS HAZZARD

MR ALEX MASKEY

MS CAITRÍONA RUANE

MR PHIL FLANAGAN

MR CATHAL BOYLAN

MS ROSALEEN MCCORLEY

MR OLIVER MCMULLAN

MR MICKEY BRADY

MS MEGAN FEARON

MS MAEVE MCLAUGHLIN

MR JOHN O’DOWD

MRS MICHELLE O’NEILL

MR STEVEN AGNEW

MS JENNIFER MCCANN

MS ANNA LO

MR RAYMOND MCCARTNEY

MR GERRY KELLY

MS CARÁL NÍ CHUILÍN

MR MITCHEL MCLAUGHLIN

MR MARTIN MCGUINNESS

Northern Ireland Assembly

12 March 2013
Division

Further Consideration Stage - Criminal Justice Bill (NIA 10/11-15) – Amendment 1

Proposed:

After clause 11 insert -

‘Ending the life of an unborn child

Ending the life of an unborn child

11A. - (1) Without prejudice to section 58 and section 59 of the Offences Against the Person Act 1861 and section 25 of the Criminal Justice Act (Northern Ireland) 1945 and subject to subsection (2) any person who ends the life of an unborn child at any stage of that child’s development shall be guilty of an offence and liable on conviction on indictment to a period of not more than ten years’ imprisonment and a fine.

(2) It shall be a defence for any person charged with an offence under this section to show -

(a) that the act or acts ending the life of an unborn child were lawfully performed at premises operated by a Health and Social Care Trust, or

(b) that the act or acts ending the life of the unborn child were lawfully performed without fee or reward in circumstances of urgency when access to premises operated by a Health and Social Care Trust was not possible.

(3) For the purposes of this section a person ends the life of an unborn child if that person does any act, or causes or permits any act, with the intention of bringing about the end of the life of an unborn child, and, by reason of any such act, the life of that unborn child is ended.

(4) For the purposes of this section ‘lawfully’ in subsection (2) means in accordance with any defence or exception under section 58 and section 59 of the Offences Against the Person Act 1861 and section 25 of the Criminal Justice Act (Northern Ireland) 1945.’

Mr P Givan
Mr T Elliott
Mr A Maginness
Mr J Allister
Mr J Wells

Question put, That the amendment be made.

The Assembly divided.

Ayes: 48
Noes: 46

AYES

NATIONALIST:

Mr D Bradley, Mr Byrne, Mr Durkan, Mrs D Kelly, Mr McGlone, Mrs McKevitt, Mr A Maginness, Mr P Ramsey, Mr Rogers.

UNIONIST:

Mr Allister, Mr Anderson, Mr Beggs, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McNarry, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells.

Tellers for the Ayes: Mrs McKevitt and Mr Wells.

NOES

NATIONALIST:

Mr Boylan, Ms Boyle, Mr Brady, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr Lynch, Mr McAleer, Mr F McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr McKay, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Molloy, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Ms S Ramsey, Ms Ruane, Mr Sheehan.

UNIONIST:

Mr Copeland, Mr Kinahan, Mr McCallister, Mr Nesbitt, Mrs Overend.

OTHER:

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

Tellers for the Noes: Ms Lo and Ms Ruane.

Total votes 93 Total Ayes 53 [57.0 % ]

Nationalist Vote 35 Nationalist Ayes 9 [25.7 % ]

Unionist Votes 49 Unionist Ayes 44 [89.8 % ]

Other Votes 9 Other Ayes 0 [0.0 % ]

The amendment fell on a cross-community vote.

Criminal Justice Bill

Marshalled List of Amendments

Further Consideration Stage

Tuesday 12 March 2013

Amendments tabled up to 9.30am Thursday, 7 March 2013 and selected for debate

Amendment 1

New Clause

After clause 11 insert -

‘Ending the life of an unborn child

Ending the life of an unborn child

11A. - (1) Without prejudice to section 58 and section 59 of the Offences Against the Person Act 1861 and section 25 of the Criminal Justice Act (Northern Ireland) 1945 and subject to subsection (2) any person who ends the life of an unborn child at any stage of that child’s development shall be guilty of an offence and liable on conviction on indictment to a period of not more than ten years’ imprisonment and a fine.

(2) It shall be a defence for any person charged with an offence under this section to show -

(a) that the act or acts ending the life of an unborn child were lawfully performed at premises operated by a Health and Social Care Trust, or

(b) that the act or acts ending the life of the unborn child were lawfully performed without fee or reward in circumstances of urgency when access to premises operated by a Health and Social Care Trust was not possible.

(3) For the purposes of this section a person ends the life of an unborn child if that person does any act, or causes or permits any act, with the intention of bringing about the end of the life of an unborn child, and, by reason of any such act, the life of that unborn child is ended.

(4) For the purposes of this section ‘lawfully’ in subsection (2) means in accordance with any defence or exception under section 58 and section 59 of the Offences Against the Person Act 1861 and section 25 of the Criminal Justice Act (Northern Ireland) 1945.’

Mr Paul Givan
Mr Tom Elliott
Mr Alban Maginness
Mr Jim Allister
Mr Jim Wells

Amendment 2

New Clause

After clause 12 insert -

‘Criminal proceedings on Sunday

Criminal proceedings on Sunday

12A. - (1) Section 7 of the Sunday Observance Act (Ireland) 1695 (which prohibits the service or execution on a Sunday of any writ, process, warrant, order, judgment or decree, except in certain cases) and any rule of law preventing or restricting the holding of a court on a Sunday do not apply, at any time when this subsection is in operation, in relation to -

(a) the holding of a magistrates’ court for the purpose of exercising any criminal jurisdiction; or

(b) anything done in the course of, or in connection with, the exercise by a magistrates’ court of any criminal jurisdiction.

(2) Subsection (1) -

(a) comes into operation on such day as the Department may by order appoint; and

(b) ceases to be in operation one month after that day.

(3) The Department may by order made at any time when subsection (1) is not in operation provide for that subsection to come into operation again on such day as is appointed by the order.

(4) Where subsection (1) comes into operation on a day appointed under subsection (3), it ceases to be in operation one month after that day.

(5) An order under subsection (2) or (3) requires the approval of the First Minister and deputy First Minister acting jointly; and no such order shall be made unless -

(a) the Chief Constable has requested the Department to make the order; and

(b) the Department, after consulting the Lord Chief Justice, is of the opinion that such exceptional circumstances exist as to justify the making of the order.’

Minister of Justice

Amendment 3

Clause 14 , Page 13, Line 36

After ‘subsection (2)’ insert ‘and section (Criminal proceedings on Sunday)’

Minister of Justice

Amendment 4

Schedule 3 , Page 31, Line 20

Leave out ‘under a disability’ and insert ‘unfit to be tried’

Minister of Justice

Amendment 5

Schedule 3 , Page 31, Line 34

Leave out paragraph 5 and insert -

‘5. In Article 89 (orders and regulations) after paragraph (2) insert -

“(2A) An order under Article 63D(5)(c) shall not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.”.’

Minister of Justice

Amendment 6

Schedule 3 , Page 31, Line 37

Leave out ‘(b)’ and insert ‘(c)’

Minister of Justice

Amendment 7

Long Title

After ‘judiciary’ insert ‘; and to permit criminal proceedings on Sunday at certain times’

Minister of Justice

Northern Ireland Assembly

Papers Presented to the Assembly on
12 March 2013

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

For Information Only:

S. R. 2013/51 The Road Races (Croft Hill Climb) Order (Northern Ireland) 2013 (DRD)

S. R. 2013/53 The Cycle Routes (Amendment) Order (Northern Ireland) 2013 (DRD)

S. R. 2013/55 The Road Races (Circuit of Ireland Easter Stages Rally) Order (Northern Ireland) 2013 (DRD)

7. Written Ministerial Statements

Bamford Action Plan (DHSSPS)

8. Consultation Documents

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 12 March 2013

2011-2015 Mandate
Executive Bills

2011-2015 Mandate
Non-Executive Bills

/ Bill progressing by accelerated passage

** Please note that any bills that received Royal Assent in the previous session have been removed from the table.