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. Executive Committee Business

2.1 Statement - North South Ministerial Council Meeting in Environmental Sectoral Format

The Minister of the Environment, Mr Mark H Durkan, made a statement regarding the North South Ministerial Council meeting in Environmental sectoral format following which he replied to questions.

2.2 Statement – ‘Enabling Success’ A New Strategic Framework to Tackle Economic Inactivity in Northern Ireland

The Minister for Employment and Learning, Dr Stephen Farry, made a statement regarding ‘Enabling Success’ A New Strategic Framework to Tackle Economic Inactivity in Northern Ireland, following which he replied to questions.

The Deputy Speaker (Mr Dallat) took the Chair.

2.3 Consideration Stage – Tobacco Retailers Bill (NIA 19/11-15)

The Minister of Health, Social Services and Public Safety, Mr Edwin Poots, moved the Consideration Stage of the Tobacco Retailers Bill (NIA 19/11-15).

Forty two amendments were tabled to the Bill, as well as notice of intention to oppose the question that Clauses 1, 5, 6 and 11 stand part of the Bill.

Debate ensued.

The sitting was suspended at 12.27pm.

The sitting resumed at 2.00pm, with the Speaker in the Chair.

3. Question Time

3.1 Health, Social Services and Public Safety

Questions were put to, and answered by, the Minister of Health, Social Services and Public Safety, Mr Edwin Poots.

3.2 Finance and Personnel

Questions were put to, and answered by, the Minister of Finance and Personnel, Mr Simon Hamilton.

4. Executive Committee Business (Cont’d)

4.1 Consideration Stage – Tobacco Retailers Bill (NIA 19/11-15)

After debate, the question that Clause 1 stand part of the Bill was negatived without division.

After debate, Amendment 1 inserting new Clause 1A was made without division and it was agreed that the new clause stand part of the Bill.

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

After debate, Amendment 2 to Clause 2 was made without division.

After debate, Amendment 3 to Clause 2 was made without division.

After debate, Amendment 4 to Clause 2 was made without division.

After debate, Amendments 5, 6 and 7 to Clause 2 were made without division.

After debate, Amendment 8 to Clause 2 was made without division.

After debate, Amendment 9 to Clause 2 was made without division.

After debate, Amendment 10 to Clause 2 was made without division.

The question being put, it was agreed without division that Clause 2 as amended stand part of the Bill.

After debate, Amendment 11 to Clause 3 was made without division.

After debate, Amendment 12 to Clause 3 was made without division.

The question being put, it was agreed without division that Clause 3 as amended stand part of the Bill.

After debate, Amendment 13 to Clause 4 was made without division.

After debate, Amendment 14 to Clause 4 was made without division.

After debate, Amendment 15 to Clause 4 was made without division.

After debate, Amendment 16 to Clause 4 was made without division.

After debate, Amendment 17 to Clause 4 was made without division.

After debate, Amendment 18 to Clause 4 was made without division.

After debate, Amendment 19 to Clause 4 was made without division.

The question being put, it was agreed without division that Clause 4 as amended stand part of the Bill.

After debate, the question that Clause 5 stand part of the Bill was negatived without division.

After debate, the question that Clause 6 stand part of the Bill was negatived without division.

After debate, Amendment 20 to Clause 7 was made without division.

After debate, Amendment 21 to Clause 7 was made without division.

After debate, Amendment 22 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 23 to Clause 8 was made without division.

After debate, Amendment 24 to Clause 8 was made without division.

The question being put, it was agreed without division that Clause 8 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 9 stand part of the Bill.

After debate, Amendment 25 inserting new Clause 9A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 26 inserting new Clause 9B was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 27 to Clause 10 was made without division.

After debate, Amendment 28 to Clause 10 was made without division.

After debate, Amendment 29 to Clause 10 was made without division.

After debate, Amendment 30 to Clause 10 was made without division.

The question being put, it was agreed without division that Clause 10 as amended stand part of the Bill.

After debate, the question that Clause 11 stand part of the Bill was negatived without division.

After debate, Amendment 31 to Clause 12 was made without division.

After debate, Amendment 32 to Clause 12 was made without division.

After debate, Amendment 33 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, Amendment 34 to Clause 13 was made without division.

The question being put, it was agreed without division that Clause 13 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 14 and 15 stand part of the Bill.

After debate, Amendment 35 to Clause 16 was made without division.

The question being put, it was agreed without division that Clause 16 as amended stand part of the Bill.

After debate, Amendment 36 inserting new Clause 16A was made without division and it was agreed that the new clause stand part of the Bill.

The question being put, it was agreed without division that Clause 17 stand part of the Bill.

After debate, Amendment 37 to Clause 18 was made without division.

After debate, Amendment 38 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.

The question being put, it was agreed without division that Clauses 19, 20 and 21 stand part of the Bill.

After debate, Amendment 39 to Clause 22 was made without division.

The question being put, it was agreed without division that Clause 22 as amended stand part of the Bill.

After debate, Amendment 40 to Clause 23 was made without division.

The question being put, it was agreed without division that Clause 23 as amended stand part of the Bill.

After debate, Amendment 41 to Clause 24 was made without division.

The question being put, it was agreed without division that Clause 24 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 25 and 26 stand part of the Bill.

After debate, Amendment 42 to the Long Title was made without division.

The question being put, the Long Title as amended was agreed without division.

The Tobacco Retailers Bill (NIA 19/11-15) stood referred to the Speaker.

5. Private Members’ Business

5.1 Motion – School Hours

Proposed:

That this Assembly calls on the Minister of Education to review the current compulsory instruction time in schools; and to examine whether current fixed term dates, school opening hours, holidays and training days correspond with what is required to meet the needs of pupils, parents and the economy, and that they are in line with international best practice for delivering the best outcomes for all pupils.

Mr C Hazzard
Ms M Boyle
Mr P Sheehan

5.2 Amendment 1

Proposed:

Leave out all after ‘economy,’ and insert:

‘and that appropriate consultation is undertaken with schools and managing authorities to ensure an agreed approach to deliver the best outcomes for pupils.’

Mr M Storey
Mr J Craig
Mr S Moutray
Mr R Newton

Debate ensued.

The Speaker took the Chair.

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

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

7. Adjournment

Mr Robin Newton spoke to his topic regarding tourism in East Belfast.

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 7.11pm.

Mr William Hay
The Speaker
3 December 2013

Tobacco Retailers Bill

Annotated Marshalled List of Amendments

Consideration Stage

Tuesday 3 December 2013

Amendments tabled up to and including Thursday, 28 November 2013

The Bill will be considered in the following order-

Clauses and Long Title

Clause 1 [Question that the clause stand part negatived without division]

The Minister of Health, Social Services and Public Safety gives notice of his intention to oppose the question that clause 1 stand part of the Bill.

Minister of Health, Social Services and Public Safety

Amendment 1 [Made without division]

New Clause

After clause 1 insert -

‘Register of tobacco retailers

1A. - (1) The registration authority must, in accordance with the provisions of this Act, maintain a register of persons carrying on a tobacco business (“the Register”).

(2) On the basis of information contained in the Register, the registration authority must, at all reasonable times, make available for public inspection -

(a) a list of premises at which tobacco businesses are carried on; and

(b) such other information as may be prescribed.

(3) The registration authority must make available to each council and the Department such information contained in the Register as that council or the Department may require.

(4) Information made available under subsection (3) to a council may be used by the council only for the purpose of enabling it or assisting it to perform its functions under -

(a) this Act;

(b) Part 2 of the Health and Personal Social Services ( Northern Ireland) Order 1978; and

(c) the Children and Young Persons (Protection from Tobacco) ( Northern Ireland) Order 1991.

(5) In any proceedings for an offence under this Act a certificate issued by the registration authority which states that on any date a person was or was not registered in respect of any premises shall be evidence of the facts stated in it; and any such certificate which purports to be issued by the registration authority shall be taken to be so issued unless the contrary is proved.

(6) In this Act -

“registered” means entered in the Register, and “unregistered” is to be construed accordingly;

“the registration authority” means a body which is established or constituted by or under Northern Ireland legislation and is prescribed for the purposes of this Act.’

Minister of Health, Social Services and Public Safety

Amendment 2 [Made without division]

Clause 2 , Page 1, Line 11

Leave out from ‘council’ to the end of line 12 and insert ‘registration authority - ’

Minister of Health, Social Services and Public Safety

Amendment 3 [Made without division]

Clause 2 , Page 2, Line 6

Leave out ‘council’ and insert ‘registration authority’

Minister of Health, Social Services and Public Safety

Amendment 4 [Made without division]

Clause 2 , Page 2, Line 7

Leave out ‘or’ and insert -

‘(aa) the applicant has, within the period of 5 years ending with the day on which the application is made, been convicted of an offence under section 170 or 170B of the Customs and Excise Management Act 1979 in relation to tobacco and been sentenced for that offence to a custodial sentence (whether suspended or not); or’

Minister of Health, Social Services and Public Safety

Amendment 5 [Made without division]

Clause 2 , Page 2, Line 8

Leave out ‘council’ and insert ‘registration authority’

Minister of Health, Social Services and Public Safety

Amendment 6 [Made without division]

Clause 2 , Page 2, Line 12

Leave out ‘council’ and insert ‘registration authority’

Minister of Health, Social Services and Public Safety

Amendment 7 [Made without division]

Clause 2 , Page 2, Line 14

Leave out ‘council’ and insert ‘registration authority’

Minister of Health, Social Services and Public Safety

Amendment 8 [Made without division]

Clause 2 , Page 2, Line 19

Leave out ‘the council considers appropriate’ and insert ‘which the Department may direct the authority to include’

Minister of Health, Social Services and Public Safety

Amendment 9 [Made without division]

Clause 2 , Page 2, Line 20

Leave out ‘council’ and insert ‘registration authority’

Minister of Health, Social Services and Public Safety

Amendment 10 [Made without division]

Clause 2 , Page 2, Line 24

Leave out ‘the council considers appropriate’ and insert ‘which the Department may direct the authority to include’

Minister of Health, Social Services and Public Safety

Amendment 11 [Made without division]

Clause 3 , Page 2, Line 30

Leave out from ‘council’ to ‘situated’ in line 31 and insert ‘registration authority’

Minister of Health, Social Services and Public Safety

Amendment 12 [Made without division]

Clause 3 , Page 2, Line 35

Leave out ‘3 months’ and insert ‘28 days’

Minister of Health, Social Services and Public Safety

Amendment 13 [Made without division]

Clause 4 , Page 2, Line 38

Leave out ‘A council’ and insert ‘The registration authority’

Minister of Health, Social Services and Public Safety

Amendment 14 [Made without division]

Clause 4 , Page 3, Line 1

Leave out subsection (2) and insert -

‘(2) The registration authority must amend the Register so as to remove -

(a) references to registered premises in respect of which a restricted premises order has effect;

(b) a person’s entry from the Register where that person has, within a period of 5 years ending with the day on which the removal is made, been convicted of an offence under section 170 or 170B of the Customs and Excise Management Act 1979 in relation to tobacco and has been sentenced for that offence to a custodial sentence (whether suspended or not).’

Minister of Health, Social Services and Public Safety

Amendment 15 [Made without division]

Clause 4 , Page 3, Line 4

Leave out ‘A council’ and insert ‘The registration authority’

Minister of Health, Social Services and Public Safety

Amendment 16 [Made without division]

Clause 4 , Page 3, Line 5

After ‘(2)’ insert ‘(a)’

Minister of Health, Social Services and Public Safety

Amendment 17 [Made without division]

Clause 4 , Page 3, Line 8

Leave out ‘A council’ and insert ‘The registration authority’

Minister of Health, Social Services and Public Safety

Amendment 18 [Made without division]

Clause 4 , Page 3, Line 10

Leave out ‘council’ and insert ‘registration authority’

Minister of Health, Social Services and Public Safety

Amendment 19 [Made without division]

Clause 4 , Page 3, Line 13

Leave out ‘a council’ and insert ‘the registration authority’

Minister of Health, Social Services and Public Safety

Clause 5 [Question that the clause stand part negatived without division]

The Minister of Health, Social Services and Public Safety gives notice of his intention to oppose the question that clause 5 stand part of the Bill.

Minister of Health, Social Services and Public Safety

Clause 6 [Question that the clause stand part negatived without division]

The Minister of Health, Social Services and Public Safety gives notice of his intention to oppose the question that clause 6 stand part of the Bill.

Minister of Health, Social Services and Public Safety

Amendment 20 [Made without division]

Clause 7 , Page 4, Line 8

Leave out ‘may not exceed one year’ and insert ‘must not be less than 28 days or more than 3 years’

Minister of Health, Social Services and Public Safety

Amendment 21 [Made without division]

Clause 7 , Page 4, Line 14

Leave out ‘3’ and insert ‘5’

Minister of Health, Social Services and Public Safety

Amendment 22 [Made without division]

Clause 7 , Page 5, Line 10

At end insert -

‘(ba) an offence relating to tobacco committed under section 170 or 170B of the Customs and Excise Management Act 1979 on any premises in Northern Ireland (which are accordingly “the premises in relation to which the offence is committed”);

(bb) an offence committed under section 8F, 8G or 8H of the Tobacco Products Duty Act 1979 on any premises in Northern Ireland (which are accordingly “the premises in relation to which the offence is committed”);’

Minister of Health, Social Services and Public Safety

Amendment 23 [Made without division]

Clause 8 , Page 5, Line 40

Leave out ‘may not exceed one year’ and insert ‘must not be less than 28 days or more than 3 years’

Minister of Health, Social Services and Public Safety

Amendment 24 [Made without division]

Clause 8 , Page 5, Line 42

Leave out ‘3’ and insert ‘5’

Minister of Health, Social Services and Public Safety

Amendment 25 [Made without division]

New Clause

After clause 9 insert -

‘Restricted premises orders: display of notices

9A. - (1) This section applies where -

(a) a restricted premises order has effect in respect of premises (“the relevant premises”); and

(b) a person (“P”) carries on a retail business at the relevant premises.

(2) P must display a notice in the relevant premises in accordance with subsection (3).

(3) The notice must -

(a) state that a restricted premises order has been made in respect of the relevant premises and the period for which the order has effect;

(b) be displayed in a prominent position in the relevant premises where it is readily visible to persons at every relevant point of sale; and

(c) be displayed no later than 5 days after the date on which the restricted premises order has effect.

(4) A relevant point of sale is one that was used for the sale of tobacco or cigarette papers at any time during the period of 2 months ending with the date on which the restricted premises order was made.

(5) Regulations may specify -

(a) the dimensions of the notice to be displayed in accordance with this section;

(b) the wording of the statement to be displayed on the notice; and

(c) the size of the statement.’

Minister of Health, Social Services and Public Safety

Amendment 26 [Made without division]

New Clause

After clause 9 insert -

‘Restricted premises orders: no tobacco in retail area

9B. - (1) This section applies where -

(a) a restricted premises order has effect in respect of premises (“the relevant premises”); and

(b) a person (“P”) carries on a retail business at the relevant premises.

(2) P must, no later than the day after the date on which the restricted premises order has effect, ensure that no tobacco or cigarette papers are in the retail area of the relevant premises.

(3) Subsection (2) does not apply to tobacco and cigarette papers in the retail area of the relevant premises which an individual may have for his or her own use.

(4) In this section “retail area” means any part of the relevant premises used for the serving of customers or the display of goods.’

Minister of Health, Social Services and Public Safety

Amendment 27 [Made without division]

Clause 10 , Page 6, Line 37

At end insert -

‘(6A) If a person fails, without reasonable excuse, to comply with section 9A(2), the person commits an offence.’

Minister of Health, Social Services and Public Safety

Amendment 28 [Made without division]

Clause 10 , Page 6, Line 37

At end insert -

‘(6B) If a person fails, without reasonable excuse, to comply with section 9B(2), the person commits an offence.’

Minister of Health, Social Services and Public Safety

Amendment 29 [Made without division]

Clause 10 , Page 7, Line 4

At end insert -

‘(d) subsection (6A) is liable on summary conviction to a fine not exceeding level 3 on the standard scale;’

Minister of Health, Social Services and Public Safety

Amendment 30 [Made without division]

Clause 10 , Page 7, Line 4

At end insert -

‘(e) subsection (6B) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.’

Minister of Health, Social Services and Public Safety

Clause 11 [Question that the clause stand part negatived without division]

The Minister of Health, Social Services and Public Safety gives notice of his intention to oppose the question that clause 11 stand part of the Bill.

Minister of Health, Social Services and Public Safety

Amendment 31 [Made without division]

Clause 12 , Page 7, Line 14

Leave out from ‘the proper’ to the end of line 15 and insert ‘ascertaining whether any of the following offences is being or has been committed on the premises and, if so, by whom -

(i) an offence under section 10;

(ii) an offence under Article 3, 4 or 4A of the Health and Personal Social Services (Northern Ireland) Order 1978;

(iii) an offence under Article 4, 4A or 5 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991;’

Minister of Health, Social Services and Public Safety

Amendment 32 [Made without division]

Clause 12 , Page 7, Line 34

Leave out from ‘of the proper’ to the end of line 34 and insert ‘mentioned in subsection (1)(a).’

Minister of Health, Social Services and Public Safety

Amendment 33 [Made without division]

Clause 12 , Page 7, Line 37

Leave out from ‘of the proper’ to ‘this Act’ in line 38 and insert ‘mentioned in subsection (1)(a)’

Minister of Health, Social Services and Public Safety

Amendment 34 [Made without division]

Clause 13 , Page 8, Line 21

Leave out from ‘an offence’ to the end of line 24 and insert ‘ -

(a) an offence under section 10(1), (2), (3), (6A) or (6B),

(b) an offence under Article 3, 4 or 4A of the Health and Personal Social Services (Northern Ireland) Order 1978,

(c) an offence under Article 4, 4A or 5 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991,’

Minister of Health, Social Services and Public Safety

Amendment 35 [Made without division]

Clause 16 , Page 10, Line 29

Leave out ‘3’ and insert ‘5’

Minister of Health, Social Services and Public Safety

Amendment 36 [Made without division]

New Clause

After clause 16 insert -

‘Council’s duty to share information about enforcement

16A. - (1) Every council must make available to every other council, the registration authority and the Department such information relating to -

(a) fixed penalty notices given in respect of tobacco offences committed in the district of that council,

(b) convictions in respect of tobacco offences committed in the district of that council, and

(c) restricted premises orders and restricted sale orders made on an application by that council,

as the other council, the registration authority or, as the case may be, the Department may require.

(2) Information made available under subsection (1) to a council or the registration authority may be used by the council or the registration authority only for the purpose of enabling it or assisting it to perform its functions under this Act.

(3) In this section “tobacco offence” has the meaning given in section 7(14).’

Minister of Health, Social Services and Public Safety

Amendment 37 [Made without division]

Clause 18 , Page 11, Line 1

Leave out subsection (2) and insert -

‘(2) In Article 3(3) (prohibition on sale of tobacco, etc. to persons under 18) for “level 4” substitute “level 5”.’

Minister of Health, Social Services and Public Safety

Amendment 38 [Made without division]

Clause 18 , Page 14, Line 38

Leave out subsection (3) and insert -

‘(3) After Article 4 insert -

“Purchase of tobacco on behalf of persons under 18

• 4A. - (1) A person aged 18 or over who knowingly buys or attempts to buy tobacco or cigarette papers on behalf of a person under the age of 18 shall be guilty of an offence.
• (2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”’

Minister of Health, Social Services and Public Safety

Amendment 39 [Made without division]

Clause 22 , Page 16

Leave out lines 33 and 34 and insert -

‘“the Register” has the meaning given in section 1A(1);

“registered”, “unregistered” and “the registration authority” have the meanings given in section 1A(6);’

Minister of Health, Social Services and Public Safety

Amendment 40 [Made without division]

Clause 23 , Page 17, Line 9

Leave out subsection (3) and insert -

‘(3) Paragraph (aa) of section 2(3) does not apply in relation to an offence mentioned in that paragraph which is committed before the commencement of that paragraph.

(4) Paragraph (b) of section 4(2) does not apply in relation to an offence mentioned in that paragraph which is committed before the commencement of that paragraph.

(5) Section 12 does not apply in relation to an offence mentioned in section 12(1)(a) which is committed before the commencement of that section.

(6) Section 13 does not apply in relation to an offence mentioned in section 13(1) which is committed before the commencement of that section.

(7) Subsection (2) of section 18 does not apply in relation to an offence which is committed before the commencement of that subsection.’

Minister of Health, Social Services and Public Safety

Amendment 41 [Made without division]

Clause 24 , Page 17, Line 16

Leave out ‘5(2),’

Minister of Health, Social Services and Public Safety

Amendment 42 [Made without division]

Long Title

Leave out ‘to confer additional powers of enforcement in relation to offences under Articles 3 and 4 of the Health and Personal Social Services (Northern Ireland) Order 1978;’ and insert ‘to amend the Health and Personal Social Services (Northern Ireland) Order 1978; to confer additional powers of enforcement in relation to offences under that Order and the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991;’

Minister of Health, Social Services and Public Safety

Northern Ireland Assembly

Papers Presented to the Assembly on
3 December 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

S. R. 2013/278 The Insolvency (Amendment) Rules (Northern Ireland) 2013 (DOJ)

S. R. 2013/282 The Housing Benefit (Local Housing Allowance and Executive Determinations) (Amendment) Regulations (Northern Ireland) (DSD)

For Information Only:

7. Written Ministerial Statements

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 04 December 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.