Minutes of Proceedings

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

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Executive Committee Business

2.1 Consideration Stage – Licensing of Pavement Cafés Bill (NIA 24/11-15)

The Minister for Social Development, Mr Nelson McCausland, moved the Consideration Stage of the Licensing of Pavement Cafés Bill (NIA 24/11-15).

Thirteen amendments were tabled to the Bill, twelve by the Minister for Social Development and one by Mr Stewart Dickson MLA.

Clauses

After debate, Amendment 1 to Clause 1 was made without division.

The question being put, it was agreed without division that Clause 1 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 2 to 5 stand part of the Bill.

After debate, Amendment 2 to Clause 6 was negatived (Division 1).

The question being put, it was agreed without division that Clause 6 stand part of the Bill.

The question being put, it was agreed without division that Clauses 7 to 13 stand part of the Bill.

After debate, Amendment 3 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 18 stand part of the Bill.

After debate, Amendments 4 to 9 to Clause 19 were all made without division.

The question being put, it was agreed without division that Clause 19 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 20 stand part of the Bill.

After debate, Amendment 10 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 to 29 stand part of the Bill.

After debate, Amendment 11 to Clause 30 was made without division.

The question being put, it was agreed without division that Clause 30 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 31 and 32 stand part of the Bill.

After debate, Amendments 12 and 13 to the Schedule were made without division.

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

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

The Licensing of Pavement Cafés Bill (NIA 24/11-15) stood referred to the Speaker.

2.2 Final Stage – Financial Provisions Bill (NIA 22/11-15)

The Minister of Finance and Personnel, Mr Simon Hamilton, moved that the Final Stage of the Financial Provisions Bill (NIA 22/11-15) do now pass.

Debate ensued.

The Financial Provisions Bill (NIA 22/11-15) passed Final Stage.

The sitting was suspended at 12.32pm.

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

3. Question Time

3.1 Enterprise, Trade and Investment

Questions were put to, and answered by, the Minister of Enterprise, Trade and Investment, Mrs Arlene Foster.

3.2 Environment

Questions were put to, and answered by, the Minister of the Environment, Mr Mark H Durkan.

4. Question for Urgent Oral Answer

4.1 Suspected illegal slaughter house and meat cutting operation at Forkhill

The Minister of Health, Social Services and Public Safety, Mr Edwin Poots, responded to a Question for Urgent Oral Answer tabled by Mr Roy Beggs.

The Speaker took the Chair.

5. Executive Committee Business (cont’d)

5.1 Motion – The Draft General Register Office (Fees) Order (Northern Ireland) 2014

Proposed:

That the draft General Register Office (Fees) Order (Northern Ireland) 2014 be approved.

Minister of Finance and Personnel

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

6. Adjournment

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

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 4.36pm.

Mr William Hay
The Speaker
4 March 2014

Northern Ireland Assembly

4 March 2014
Division

Consideration Stage – Licensing of Pavement Cafés Bill (NIA 24/11-15) - Amendment 2

Proposed:

Clause 6, Page 4, Line 41

At end insert -

‘(1A) A pavement café licence must include a condition requiring the licence holder, so far as is reasonably practicable, not to display in the area covered by the licence anything that would be detrimental to good relations between persons of different religious belief, political opinion or racial group.’

Mr S Dickson
Mr K McCarthy

The Question was put and the Assembly divided.

Ayes: 16
Noes: 68

AYES

Mr Agnew, Mr D Bradley, Mr Byrne, Mr Dallat, Mr Dickson, Mr Durkan, Mrs D Kelly, Ms Lo, Mr Lyttle, Mr McCarthy, Dr McDonnell, Mr McGlone, Mr McKinney, Mr A Maginness, Mr P Ramsey, Mr Rogers.

Tellers for the Ayes: Mr Dickson and Mr McCarthy

NOES

Mr Allister, Mr Anderson, Mr Bell, Mr Boylan, Ms Boyle, Ms P Brabley, Mr Brady, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr G Kelly, Mr Kennedy, 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 M McGuinness, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin, Mr Mitichel McLaughlin, Mr McMullan, Mr McNarry, Mr McQuillan, Mr Maskey, Mr Milne, Mr Moutray, Mr Nesbitt, Mr Newton, Ms Ní Chuilín, Mr Ó hOisín, Mr O’Dowd, Mrs O’Neill, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Ms Ruane, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells.

Tellers for the Noes: Mr Clarke and Mr G Robinson

The Amendment fell.

Licensing of Pavement Cafés Bill

Annotated Marshalled List of Amendments

Consideration Stage

Tuesday 4 March 2014

Amendments tabled up to 9.30am Thursday, 27 February 2014 and selected for debate

The Bill will be considered in the following order-

Clauses, Schedule and Long Title

Amendment 1 [Made without division]

Clause 1 , Page 1, Line 10

After ‘market’ insert ‘area’

Minister for Social Development

Amendment 2 [Negatived on division]

Clause 6 , Page 4, Line 41

At end insert -

‘(1A) A pavement café licence must include a condition requiring the licence holder, so far as is reasonably practicable, not to display in the area covered by the licence anything that would be detrimental to good relations between persons of different religious belief, political opinion or racial group.’

Mr Stewart Dickson
Mr Kieran McCarthy

Amendment 3 [Made without division]

Clause 14 , Page 11, Line 26

Leave out from ‘any’ to ‘with’ and insert ‘the licence holder has persistently failed to comply with any condition of the licence’

Minister for Social Development

Amendment 4 [Made without division]

Clause 19 , Page 13, Line 23

Leave out subsection (1) and insert -

‘(1) Before deciding to revoke, suspend or make a compulsory variation of a pavement café licence, a council must (subject to subsection (1D)) notify the licence holder in writing of its proposal to revoke, suspend or vary the licence.

(1A) A notification under subsection (1) must state -

(a) the grounds for the proposed revocation, suspension or variation; and

(b) that representations in writing relating to the proposal may be made by the licence holder to the council until the end of a period specified in the notification.

(1B) Any period specified under subsection (1A)(b) must be at least 21 days beginning with the date when the notification is sent unless the council considers that there are particular circumstances which make a shorter period necessary in the public interest.

(1C) In deciding whether to revoke, suspend or make the proposed variation of the licence the council must take into account any representations made by the licence holder within the period specified under subsection (1A)(b).

(1D) If it considers that there are particular circumstances which make it necessary to do so in the public interest, a council may decide whether to revoke, suspend or make a compulsory variation of a pavement café licence even though no notification has been given under subsection (1).

(1E) Where a council decides to revoke, suspend or make a compulsory variation of a pavement café licence, the council must give notice in writing to the licence holder of the revocation, suspension or variation.’

Minister for Social Development

Amendment 5 [Made without division]

Clause 19 , Page 13, Line 25

Leave out ‘this section’ and insert ‘subsection (1E)’

Minister for Social Development

Amendment 6 [Made without division]

Clause 19 , Page 13, Line 30

Leave out from ‘this section’ to ‘the notice’ in line 31 and insert ‘subsection (1E) may provide for the revocation, suspension or variation to take effect on the date when that notice’

Minister for Social Development

Amendment 7 [Made without division]

Clause 19 , Page 13, Line 36

At end insert -

‘(4A) A notice under subsection (1E) may be withdrawn at any time before the revocation, suspension or variation takes effect.’

Minister for Social Development

Amendment 8 [Made without division]

Clause 19 , Page 13, Line 37

Leave out ‘a council has suspended a pavement café licence, it’ and insert ‘a suspension of a pavement café licence has taken effect, the council’

Minister for Social Development

Amendment 9 [Made without division]

Clause 19 , Page 13, Line 41

Leave out ‘(4)’ and insert ‘(4A)’

Minister for Social Development

Amendment 10 [Made without division]

Clause 21 , Page 14, Line 37

At end insert -

‘(2A) Where a pavement café licence is granted or renewed and a period is specified under section 5(5)(a) in the licence, the licence holder may appeal against the council’s decision to specify that period.’

Minister for Social Development

Amendment 11 [Made without division]

Clause 30 , Page 18

Leave out lines 30 to 32 and insert -

‘“market area” means a place where a person has a right (exercisable at particular times) to hold a market or fair; and in this definition “right” means a right acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of a statutory provision;’

Minister for Social Development

Amendment 12 [Made without division]

Schedule , Page 22, Line 9

Leave out line 9 and insert ‘in Article 69J(2), the reference to the premises’

Minister for Social Development

Amendment 13 [Made without division]

Schedule , Page 23

Leave out lines 32 to 39 and insert -

‘“(f) where a pavement café licence is in force, trading carried out in the area covered by the licence, if the trading -

(i) takes place at a time when that area has temporary furniture on it that under the terms of the licence is permitted to be there at that time;

(ii) is done in the course of a business which is carried on by the licence holder at the premises specified in the licence;

(iii) relates to the supply of food or drink in or from those premises for consumption on that area; and

(iv) does not involve a contravention of the conditions of the licence.”.’

Minister for Social Development

Northern Ireland Assembly

Papers Presented to the Assembly on
4 February 2014

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

Northern Ireland Central Investment Fund for Charities Annual Report to 30 September 2013 (DSD)

5. Assembly Reports

6. Statutory Rules

S. R. 2014/48 The Public Interest Disclosure (Prescribed Persons) (Amendment) Order (Northern Ireland) 2014 (DEL)

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 5 March 2014

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.