Minutes of Proceedings

Members observed two minutes’ silence.

2. Executive Committee Business

2.1 Further Consideration Stage - Local Government Bill (NIA 28/11-15)

A valid Petition of Concern was presented in relation to Amendment 19 under Standing Order 28, on Monday 31 March 2014 (Appendix 1).

The Minister of the Environment, Mr Mark H Durkan, moved the Further Consideration Stage of the Local Government Bill (NIA 28/11-15).

Thirty-four amendments were tabled to the Bill.

Debate ensued.

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

The sitting was suspended at 12.31pm.

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

3. Question Time

3.1 Environment 

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

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 Further Consideration Stage - Local Government Bill (NIA 28/11-15)

The Speaker took the Chair.

Debate resumed on the Bill.

Clauses

After debate, Amendment 1 to Clause 3 was made (Division 1).

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

After debate, Amendment 3, inserting new Clause 3A after Clause 3, was made without division and it was agreed that the new clause stand part of the Bill.

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

The Deputy Speaker (Mr Beggs) took the Chair.

After debate, Amendment 5 to Clause 14 was made without division.

The Deputy Speaker (Mr Dallat) took the Chair.

After debate, Amendment 6 to Clause 18 was made without division.

After debate, Amendment 7 to Clause 26 was made without division.

After debate, Amendment 8 to Clause 27 was made (Division 2).

After debate, Amendment 9 to Clause 27 was made without division.

After debate, Amendment 10 to Clause 31 was made without division.

After debate, Amendment 11 inserting new Clause 38A after Clause 38 was negatived without division.

After debate, Amendment 12 to Clause 40 was negatived (Division 3).

After debate, Amendment 13 to Clause 40 was not moved.

The Speaker took the Chair.

After debate, Amendment 15 (as an amendment to Amendment 14) was made without division.

After debate, Amendment 14, as amended, to Clause 41 was made without division.

After debate, Amendment 16 to Clause 45 was made without division.

After debate, Amendment 17 to Clause 46 was negatived (Division 4).

After debate, Amendment 18 to Clause 59 was made without division.

After debate, Amendment 19 to Clause 65 was negatived on a cross-community vote (Division 5).

After debate, Amendment 20 to Clause 65 was made without division.

After debate, Amendment 21 to Clause 65 was negatived (Division 6).

After debate, Amendment 22 to Clause 111 was made (Division 7).

After debate, Amendment 23, inserting new Clause 117A after Clause 117, was negatived without division.

After debate, Amendment 24 to Clause 125 was made without division.

Schedules

After debate, Amendment 25 to Schedule 1 was made without division.   

After debate, Amendment 26 to Schedule 1 was made without division.

After debate, Amendment 27 to Schedule 2 was made without division.

After debate, Amendment 28 to Schedule 2 was made (Division 8).

After debate, Amendment 29 to Schedule 5 was not called.

After debate, Amendment 30 to Schedule 9 was made without division.

After debate, Amendment 31 to Schedule 10 was made without division.

After debate, Amendment 32 to Schedule 10 was made without division.

After debate, Amendment 33 to Schedule 10 was made without division.

After debate, Amendment 34 to Schedule 10 was made without division.

The Local Government Bill (NIA 28/11-15) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

4.2 Motion – Suspension of Standing Order 42(1) in respect of the passage of the Local Government Bill

Proposed:

That Standing Order 42(1) be suspended in respect of the passage of the Local Government Bill.

Minister of the Environment

Debate ensued.

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

5. Adjournment

Mr Mervyn Storey spoke to his topic regarding the future of Northern Regional College provision in Ballymoney.

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 11.23pm.

Mr William Hay
The Speaker

1 April 2014

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 31 March 2014 in relation to Amendment 19 proposed to the Local Government Bill (NIA 28/11-15).

MS MEGAN FEARON
MR CHRIS HAZZARD
MR CATHAL BOYLAN
MR DAITHÍ MCKAY
MR CATHAL Ó HOISÍN
MS CARÁL NÍ CHUILÍN
MS MICHAELA BOYLE
MR MICKEY BRADY
MR MAEVE MCLAUGHLIN
MR IAN MILNE
MR RAYMOND MCCARTNEY
MR PAT SHEEHAN
MR SEAN LYNCH
MS CAITRÍONA RUANE
MR BRONWYM MCGAHAN
MR ALEX MASKEY
MR BARRY MCELDUFF
MR ROSALEEN MCCORLEY
MR GERRY KELLY
MR DECLAN MCALEER
MR OLIVER MCMULLAN
MR JOHN O’DOWD
MS JENNIFER MCCANN
MR FRA MCCANN
MR PHIL FLANAGHAN
MRS MICHELLE O’NEILL
DR ALAISTAIR MCDONNELL
MR PAT RAMSEY
MR PATSY MCGLONE
MRS DOLORES KELLY
MR SÉAN ROGERS
MR MARK DURKAN
MR COLUM EASTWOOD
MR ALEX ATTWOOD
MR JOE BYRNE
MR DOMINIC BRADLEY
MR ALBAN MAGINNESS
MR FEARGHAL MCKINNEY
MRS KAREN MCKEVITT

Northern Ireland Assembly

01 April 2014
Division 1

Further Consideration Stage – Local Government Bill (NIA 28/11-15) – Amendment 1

Proposed:

Clause 3, Page 2, Line 8

At end insert -

‘(d) the House of Lords;’

Mr J Allister

The Question was put and the Assembly divided.

Ayes: 59
Noes: 31

AYES

Mr Agnew, Mr Allister, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mrs Cochrane, Mr Copeland, Mr Cree, Mr Dickson, Mrs Dobson, Mr Durkan, Mr Eastwood, Mr Elliott, Dr Farry, Ms Fearon, Mr Flanagan, Mr Gardiner, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr B McCrea, Dr McDonnell, Ms McGahan, Mr McGimpsey, Mr McGlone, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr P Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan, Mr Swann.

Tellers for the Ayes: Mr Allister and Mr McCallister

NOES

Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Mr Frew, Mr Givan, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wilson.

Tellers for the Noes: Mr McQuillan and Mr G Robinson

The Amendment was made.

Northern Ireland Assembly

01 April 2014
Division 2

Further Consideration Stage – Local Government Bill (NIA 28/11-15) – Amendment 8

Proposed:

Clause 27, Page 13, Line 40

After ‘may’ insert ‘not’

Mr J McCallister
Mr B McCrea

The Question was put and the Assembly divided.

Ayes: 50
Noes: 38

AYES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mrs Cochrane, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Dr Farry, Mr Frew, Mr Gardiner, Mr Givan, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr McCallister, Mr McCarthy, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McGimpsey, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wilson.

Tellers for the Ayes: Mr McCallister and Mr B McCrea

NOES

Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, 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, Dr McDonnell, Ms McGahan, Mr McGlone, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mr P Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Flanagan and Mr Rogers

The Amendment was made.

Northern Ireland Assembly

01 April 2014
Division 3

Further Consideration Stage – Local Government Bill (NIA 28/11-15) – Amendment 12

Proposed:

Clause 40, Page 21, Line 39

Leave out from the beginning to the first ‘council’

Mr T Elliott
Mr D Kinahan

The Question was put and the Assembly divided.

Ayes: 44
Noes: 44

AYES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mr Frew, Mr Gardiner, Mr Givan, Mr Hilditch, Mr Humphrey, 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, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wilson.

Tellers for the Ayes: Mr Elliott and Mr Kinahan

NOES

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

Tellers for the Noes: Mr Rogers and Ms Ruane

The Amendment fell.

Northern Ireland Assembly

01 April 2014
Division 4

Further Consideration Stage – Local Government Bill (NIA 28/11-15) – Amendment 17

Proposed:

Clause 46, Page 26, Line 20

Leave out subsection (2)

Ms A Lo
Mr S Dickson
Mr C Lyttle
Mr K McCarthy

The Question was put and the Assembly divided.

Ayes: 34
Noes: 52

AYES

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

Tellers for the Ayes: Ms Lo and Mr McCarthy

NOES

Mr Anderson, Mr Bell, Mr Boylan, Ms Boyle, Ms P Bradley, Mr Brady, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Ms Fearon, Mr Flanagan, Mr Frew, Mr Givan, 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 McMullan, Mr McQuillan, Mr Maskey, Mr Milne, Lord Morrow, Mr Moutray, Mr Newton, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mr Poots, Mr G Robinson, Ms Ruane, Mr Sheehan, Mr Storey, Mr Weir.

Tellers for the Noes: Mr Milne and Mr G Robinson

The Amendment fell.

Northern Ireland Assembly

1 April 2014
Division 5

Consideration Stage – Local Government Bill (NIA 28/11-15) – Amendment 19

Proposed:

Clause 65, Page 39, Line 5

Leave out ‘in accordance with’ and insert ‘and good relations between the categories of persons listed in’

Ms A Lo
Mr S Dickson
Mr C Lyttle
Mr K McCarthy

The Question was put and the Assembly divided.

Ayes: 37
Noes: 50

AYES

UNIONIST:

Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Mr Frew, Mr Givan, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr Spratt, Mr Storey, Mr Weir, Mr Wilson.

OTHER:

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

Tellers for the Ayes: Ms Lo and Mr McCarthy.

NOES

NATIONALIST:

Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, 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, Dr McDonnell, Ms McGahan, Mr McGlone, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mr P Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

UNIONIST:

Mr Allister, Mr Cree, Mrs Dobson, Mr Elliott, Mr Gardiner, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr B McCrea, Mr Nesbitt, Mrs Overend, Mr Swann.

Tellers for the Noes: Mr Byrne and Mr Milne.

Total votes                               87                                           Total Ayes                            37           [42.5%]

Nationalist Vote                      38                                           Nationalist Ayes                    0            [0.0%%]

Unionist Votes                         41                                           Unionist Ayes                       29           [70.7%]

Other Votes                               8                                            Other Ayes                            8            [100.0%]

The Amendment fell on a cross-community vote.

Northern Ireland Assembly

01 April 2014
Division 6

Further Consideration Stage – Local Government Bill (NIA 28/11-15) – Amendment 21

Proposed:

Clause 65, Page 39, Line 22

At end insert -

‘(7) For the purposes of this section the reference to good relations shall involve, in particular, having regard to the need to a) tackle prejudice and b) promote understanding between the categories of persons listed in section 75(1) of the Northern Ireland Act 1998.’

Minister of the Environment

The Question was put and the Assembly divided.

Ayes: 38
Noes: 49

AYES

Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, 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, Dr McDonnell, Ms McGahan, Mr McGlone, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mr P Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Byrne and Mr Milne

NOES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mrs Cochrane, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Dr Farry, Mr Ford, Mr Frew, Mr Gardiner, Mr Givan, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr McCallister, Mr McCarthy, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wilson.

Tellers for the Noes: Mr McQuillan and Mr G Robinson

The Amendment fell.

Northern Ireland Assembly

01 April 2014
Division 7

Further Consideration Stage – Local Government Bill (NIA 28/11-15) – Amendment 22

Proposed:

Clause 111, Page 63, Line 17

At end insert -

‘(2C) The Department must within two years of the making of an order under paragraph (2A) lay before the Assembly a report on the operation of any transitional rate relief scheme under that paragraph including¾

(a) the Department’s assessment of the likely or actual percentage increase in district rates payable by ratepayers in each affected district as a consequence of the termination of the scheme; and

(b) consideration of possible further mitigating measures.’

Mr T Elliott
Mr D Kinahan

The Question was put and the Assembly divided.

Ayes: 43
Noes: 42

AYES

Mr Agnew, Mr Allister, Mr Boylan, Ms Boyle, Mr Brady, Mrs Cochrane, Mr Cree, Mr Dickson, Mrs Dobson, Mr Elliott, Dr Farry, Ms Fearon, Mr Flanagan, Mr Gardiner, Mr Hazzard, Mr G Kelly, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lynch, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr B McCrea, Ms McGahan, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr Maskey, Mr Milne, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Ms Ruane, Mr Sheehan, Mr Swann.

Tellers for the Ayes: Mr Elliott and Mr Milne

NOES

Mr Anderson, Mr Attwood, Mr Bell, Mr D Bradley, Ms P Bradley, Mr Buchanan, Mr Byrne, Mrs Cameron, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Eastwood, Mr Frew, Mr Givan, Mr Hilditch, Mr Humphrey, Mr Irwin, Mrs D Kelly, Mr McCausland, Mr I McCrea, Dr McDonnell, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr McKinney, Mr McQuillan, Mr A Maginness, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr P Ramsey, Mr G Robinson, Mr Rogers, Mr Spratt, Mr Storey, Mr Weir, Mr Wilson.

Tellers for the Noes: Mr McQuillan and Mr G Robinson

The Amendment was made.

Northern Ireland Assembly

01 April 2014
Division 8

Further Consideration Stage – Local Government Bill (NIA 28/11-15) – Amendment 28

Proposed:

Schedule 2, Page 80, Line 5

Leave out ‘Regulations’ and insert ‘Standing orders’

Minister of the Environment

The Question was put and the Assembly divided.

Ayes: 50
Noes: 35

AYES

Mr Allister, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Cree, Mrs Dobson, Mr Durkan, Mr Eastwood, Mr Elliott, Ms Fearon, Mr Flanagan, Mr Gardiner, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Kennedy, Mr Kinahan, Mr Lynch, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr B McCrea, Dr McDonnell, Ms McGahan, Mr McGlone, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr P Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan, Mr Swann.

Tellers for the Ayes: Mr Byrne and Mr Milne

NOES

Mr Agnew, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mrs Cochrane, Mr Craig, Mr Dickson, Mr Douglas, Mr Dunne, Mr Easton, Dr Farry, Mr Frew, Mr Givan, Mr Hilditch, Mr Humphrey, Mr Irwin, Ms Lo, Mr Lunn, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr Spratt, Mr Storey, Mr Weir, Mr Wilson.

Tellers for the Noes: Mr McQuillan and Mr G Robinson

The Amendment was made.

Local Government Bill

Annotated Marshalled List of Amendments

Further Consideration Stage

Tuesday 1 April 2014

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

Amendment 1            [Made on division] 

Clause 3, Page 2, Line 8

At end insert -

‘(d) the House of Lords;’

Mr Jim Allister

Amendment 2            [Made without  division] 

Clause 3, Page 2, Line 8

At end insert -

‘(e) the legislature of any other country,’

Mr Jim Allister

Amendment 3            [Made without division] 

New Clause

After clause 3 insert -

‘Disqualification of councillors for being independent members of policing and community safety partnerships

3A.-(1) The Justice Act (Northern Ireland) 2011 is amended as follows.

(2) In Schedule 1, in paragraph 9 (disqualifications) after sub-paragraph (2) insert-

“(2A) A person is disqualified for being an independent member of a PCSP if that person is a councillor.”.

(3) In Schedule 2, in paragraph 9 (disqualifications), after sub-paragraph (2) insert-

“(2A) A person is disqualified for being an independent member of a DPCSP if that person is a councillor.”.’

Mr Tom Elliott

Mr Danny Kinahan

Amendment 4            [Made without division] 

Clause 4, Page 2, Line 14

At end insert -

‘(2) In section 4 of that Act, after subsection (1) insert¾

“(1A) The Department must by 30 September 2014 make an order under subsection (1)(a).”.’

Mr Basil McCrea

Mr John McCallister

Amendment 5            [Made without division] 

Clause 14, Page 6, Line 11

After ‘Section’ insert ‘6 of the Local Government Act (Northern Ireland) 1972’

Minister of the Environment

Amendment 6            [Made without division] 

Clause 18, Page 7, Line 19

At end insert -

‘(1A) A decision to operate executive arrangements or prescribed arrangements must be taken by a qualified majority.’

Ms Anna Lo

Mr Stewart Dickson

Mr Christopher Lyttle

Mr Kieran McCarthy

Amendment 7            [Made without division] 

Clause 26, Page 13, Line 23

At end insert -

‘(2A) For the purpose of dealing with a matter of concern to more than one overview and scrutiny committee of the council, Standing Orders may provide for the council to appoint an ad hoc overview and scrutiny committee or for the relevant committees to sit concurrently.’

Mr John McCallister

Mr Basil McCrea

Amendment 8            [Made on division] 

Clause 27, Page 13, Line 40

After ‘may’ insert ‘not’

Mr John McCallister

Mr Basil McCrea

Amendment 9            [Made without division]  

Clause 27, Page 13, Line 40

Leave out from ‘only’ to the end of line 3 on page 14

Mr John McCallister

Mr Basil McCrea

Amendment 10          [Made without division] 

Clause 31, Page 16, Line 19

At end insert -

‘unless, in accordance with Standing Orders, the overview and scrutiny committee deems the notice to require a prompt response in which case the notice must require the council or the executive to comply within one month’

Mr John McCallister

Mr Basil McCrea

Amendment 11          [Negatived without division] 

New Clause

After clause 38 insert -

‘Multi-option referendum

38A. If more than two options have been proposed for a decision of the council, the council may take that decision by multi-option referendum in accordance with paragraph 9A of Schedule 5.’

Mr Steven Agnew

Amendment 12          [Negatived on division]  

Clause 40, Page 21, Line 39

Leave out from the beginning to the first ‘council’

Mr Tom Elliott

Mr Danny Kinahan

Amendment 13          [Not moved] 

Clause 40, Page 22, Line 1

Leave out paragraph (b)

Mr Tom Elliott

Mr Danny Kinahan

Amendment 14          [Made without division] 

Clause 41, Page 23, Line 15

At end insert -

‘(7A) But a council shall permit during proceedings the use of social media by councillors, members of the public or journalists, to the extent that its use does not disrupt proceedings.’

Ms Anna Lo

Mr Stewart Dickson

Mr Christopher Lyttle

Mr Kieran McCarthy

Amendment 15          [Made without division] 

As an amendment to Amendment 14

After the first ‘proceedings’ insert ‘which are open to the public’

Mr Peter Weir

Ms Pam Cameron

Mr Ian McCrea

Lord Morrow of Clogher Valley

Amendment 16          [Made without division] 

Clause 45, Page 26, Line 8

At end insert -

‘and

(d) for the purposes of sections 43(3) and 44(6) the council’s website is treated as the website of the committee or sub-committee’

Minister of the Environment

Amendment 17          [Negatived on division] 

Clause 46, Page 26, Line 20

Leave out subsection (2)

Ms Anna Lo

Mr Stewart Dickson

Mr Christopher Lyttle

Mr Kieran McCarthy

Amendment 18          [Made without division] 

Clause 59, Page 35, Line 39

At end insert -                                                                                                        

‘(10) An appeal under subsection (9) may be made¾

(a) against the suspension (or partial suspension);

(b) against the length of the suspension (or partial suspension).’

Minister of the Environment

Amendment 19          [Negatived on division] 

Clause 65, Page 39, Line 5

Leave out ‘in accordance with’ and insert ‘and good relations between the categories of persons listed in’

Ms Anna Lo

Mr Stewart Dickson

Mr Christopher Lyttle

Mr Kieran McCarthy

Amendment 20          [Made without division] 

Clause 65, Page 39, Line 6

At end  insert -

‘without prejudice to this, having regard to the desirability of promoting good relations; and’

Minister of the Environment

Amendment 21          [Negatived on division] 

Clause 65, Page 39, Line 22

At end insert -

‘(7) For the purposes of this section the reference to good relations shall involve, in particular, having regard to the need to a) tackle prejudice and b) promote understanding between the categories of persons listed in section 75(1) of the Northern Ireland Act 1998.’

Minister of the Environment

Amendment 22          [Made on division] 

Clause 111, Page 63, Line 17

At end insert -

‘(2C) The Department must within two years of the making of an order under paragraph (2A) lay before the Assembly a report on the operation of any transitional rate relief scheme under that paragraph including¾

(a) the Department’s assessment of the likely or actual percentage increase in district rates payable by ratepayers in each affected district as a consequence of the termination of the scheme; and

(b) consideration of possible further mitigating measures.’

Mr Tom Elliott

Mr Danny Kinahan

 Amendment 23          [Negatived without division] 

New Clause

After clause 117 insert -

‘Public bodies to support employees seeking election to council

Public bodies to support employees seeking election to council

117A. A public body, other than a council, must to the extent that it is reasonably practicable, support and facilitate any employee, other than its chief executive or directors, in seeking election as a councillor including—

(a) offering unpaid leave for the three-week period prior to local government elections;

(b) actively seeking to overcome perceived conflicts of interest.’

Mr Basil McCrea

Mr John McCallister

Amendment 24          [Made without division] 

Clause 125, Page 70, Line 17

Leave out ‘and 123’ and insert ‘, 123 and 126’

Minister of the Environment

Amendment 25          [Made without division] 

Schedule 1, Page 78, Line 22

Leave out ‘nomination is made’ and insert ‘member is nominated or elected, as the case may be,’

Minister of the Environment

Amendment 26          [Made without division] 

Schedule 1, Page 78, Line 26

After ‘nominated’ insert ‘or elected’

Minister of the Environment

Amendment 27          [Made without division] 

Schedule 2, Page 79, Line 21

At end insert -

‘(6) If the figures given by sub-paragraph (5) in relation to two or more parties are equal, the nominating officer of whichever of those parties is the party for which the greatest number of first preference votes was cast at the last local general election is to be treated as the nominating officer of the party with the greatest remainder for the purposes of sub-paragraph (4), then the nominating officer of whichever of those parties is the party for which the next greatest number of first preference votes was cast at the last local general election and so on.’

Minister of the Environment

Amendment 28          [Made on division] 

Schedule 2, Page 80, Line 5

Leave out ‘Regulations’ and insert ‘Standing orders’

Minister of the Environment

Amendment 29          [Not called] 

Schedule 5, Page 83, Line 39

At end insert -

‘Decision by multi-option referendum

9A.—(1) If a council decides to use a multi-option referendum to take a decision, the clerk will provide all members with a ballot paper setting out the options proposed.

(2) The chair will ask members to mark the ballot paper to rank the options in order of preference.

(3) In circumstances where there are n options and a councillor has ranked all options, preferences on a ballot papers are scored as follows—

(a) a first preference gets n points;

(b) a second preference gets n-1 points;

(c) a third preference gets n-2 points,

and so on.

(4)  Where a councillor does not rank all options, preferences on a ballot paper are scored as follows—

(a) if a first preference only is indicated, this scores 1 point;

(b) if first and second preference are indicated, these score 2 points and 1 point respectively,

and so on.

(5) The chair will announce the scores for each option and the option which has scored the highest number of points shall be the decision of the council.

(6) In the event that two or more options score the same number of points the decision may be made between those options by simple majority.

(7) The Department may by order amend the procedures in this paragraph.’

Mr Steven Agnew

Amendment 30          [Made without division] 

Schedule 9, Page 93, Line 8

After ‘6’ insert ‘of the Local Government Act (Northern Ireland) 2014’

Minister of the Environment

Amendment 31          [Made without division] 

Schedule 10, Page 93, Line 27

Leave out ‘Schedules 1 and’ and insert ‘Schedule’

Minister of the Environment

Amendment 32          [Made without division] 

Schedule 10, Page 93, Line 29

Leave out ‘6,’

Minister of the Environment

Amendment 33          [Made without division] 

Schedule 10, Page 94, Line 6

Leave out ‘and (3)’

Minister of the Environment

Amendment 34          [Made without division] 

Schedule 10, Page 94

Leave out line 29

Minister of the Environment

Northern Ireland Assembly

Papers Presented to the Assembly on
1 April 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
5. Assembly Reports
6. Statutory Rules

For Information Only:

1. Written Ministerial Statements
2. Consultation Documents
3. Departmental Publications
4. Agency Publications
5. Westminster Publications
6. 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 2 April 2014

2011-2015 Mandate
Non-Executive Bills