Minutes of Proceedings

Session: 2013/2014

Date: 17 June 2014

Venue: Assembly Chamber

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

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Committee Business

2.1 Motion – Report on complaints against Mr Gerry Kelly MLA

The motion was debated on 16 June 2014. A valid Petition of Concern was presented under Standing Order 28 on 16 June 2014 in relation to the motion. The vote on the motion was therefore taken on 17 June 2014.

Proposed:

That this Assembly, in consideration of the report of the Committee on Standards and Privileges (NIA183/11-15), imposes upon Mr Gerry Kelly MLA the sanction of exclusion from proceedings of the Assembly for a period of five days beginning on the Monday after the resolution.

Chairperson, Committee on Standards and Privileges

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

3. Public Petition

3.1 Public Petition – Closure of Collegiate Grammar School, Enniskillen

Mrs Arlene Foster was granted leave, in accordance with Standing Order 22, to present a Public Petition regarding the closure of Collegiate Grammar School, Enniskillen.

4. Executive Committee Business

4.1 Statement – British Irish Council Summit Meeting

The First Minister, the Rt Hon Peter Robinson, made a statement regarding the British Irish Council Summit meeting, following which he replied to questions.

4.2 Statement – North South Ministerial Council Meeting in Environment Sectoral format

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

The Deputy Speaker (Mr Dallat) took the Chair.

4.3 Further Consideration Stage – Budget (No. 2) Bill (NIA Bill 36/11-15)

The Minister of Finance and Personnel, Mr Simon Hamilton, moved the Further Consideration Stage of the Budget (No. 2) Bill.

No amendments were tabled to the Bill.

The Budget (No. 2) Bill (NIA Bill 36/11-15) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

5. Committee Business

5.1 Motion – Extension of Committee Stage: Work and Families Bill (NIA Bill 34/11-15)

Proposed:

That, in accordance with Standing Order 33(4), the period referred to in Standing Order 33(2) be extended to 30 November 2014, in relation to the Committee Stage of the Work and Families Bill (NIA Bill 34/11-15).

Chairperson, Committee for Employment and Learning

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

5.2 Motion (a) – Amend Standing Order 37 – Exceptional Further Consideration Stage

Proposed:

After Standing Order 37, insert –

‘37A.   Public Bills: Exceptional Further Consideration Stage

(1) If, after the Further Consideration Stage of a Bill, and prior to its Final Stage, the Minister or member of the Assembly in charge of the Bill submits a statement to the Speaker, in writing, asserting—

(a) that, as a consequence of an amendment made to the Bill, either a provision of the Bill is outside the legislative competence of the Assembly, or the Bill has a serious technical defect, and

(b) that the Assembly had not fully considered prior to making, or not making, any relevant amendment that the Bill might, as a result, be outside the legislative competence of the Assembly or have a serious technical defect,

the Bill shall be set down on the list of pending future business until a date for Exceptional Further Consideration Stage is determined.

(2) A statement submitted to the Speaker under paragraph (1) shall be circulated to all members of the Assembly, as soon as is practicable, and published in a manner determined by the Speaker.          

(3)  An amendment proposed to a Bill at Exceptional Further Consideration Stage shall only be selected if the Speaker is satisfied—

(a)  that the amendment is intended either -

(i) to bring the Bill within the legislative competence of the Assembly, or

(ii) to correct any serious technical defect;

(b) that the proposed amendment deals with a matter specified in the statement under paragraph (1)(a) and which has arisen as a consequence of an amendment made to the Bill; and

(c) that the Assembly had not fully considered prior to making, or not making, any relevant amendment that the Bill might, as a result, be outside the legislative competence of the Assembly or have a serious technical defect.

(4) Subject to paragraphs (1) to (3) above, the provisions of Standing Order 37 and Standing Order 39 shall apply to Exceptional Further Consideration Stage of a Bill as if in those Standing Orders for ‘Further Consideration Stage’ there were substituted ‘Exceptional Further Consideration Stage’.’

Chairperson, Committee on Procedures

Debate ensued.

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

5.3 Motion (b) – Amend Standing Order 31 – Exceptional Further Consideration Stage

Proposed:

In Standing Order 31 line 1, after ‘33(1)’ insert –

‘37A,’

Chairperson, Committee on Procedures

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

5.4 Motion (c) – Amend Standing Order 35 – Exceptional Further Consideration Stage

Proposed:

After Standing Order 35(19) insert –

‘(19A)   Paragraphs (17) to (19) apply to Exceptional Further Consideration Stage as they do to Further Consideration Stage.’

Chairperson, Committee on Procedures

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

5.5 Motion – Report of the Committee for Education on its Inquiry into the Education and Training Inspectorate and the School Improvement Process (NIA 132/11-15)

Proposed:

That this Assembly approves the report of the Committee for Education on its Inquiry into the Education and Training Inspectorate and the School Improvement Process (NIA 132/11-15); and calls on the Minister of Education to implement the recommendations contained in the report.

Chairperson, Committee for Education

Debate ensued.

The sitting was suspended at 12.30pm.

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

6. Question Time

6.1 Agriculture and Rural Development  

Questions were put to, and answered by, the Minister of Agriculture and Rural Development, Mrs Michelle O’Neill.

6.2 Culture, Arts and Leisure

Questions were put to, and answered by, the Minister of Culture, Arts and Leisure, Ms Carál Ní Chuilín.

7. Committee Business (Cont’d)

7.1 Motion – Report of the Committee for Education on its Inquiry into the Education and Training Inspectorate and the School Improvement Process (NIA 132/11-15) (Cont’d)

Debate resumed on the motion.

The Speaker took the Chair.

The Question being put, the Motion was carried (Division 2).

8. Private Members’ Business

8.1 Motion – Integrated Education

Proposed:

That this Assembly notes the High Court ruling on the judicial review taken by Drumragh Integrated College; welcomes the reaffirmation of the statutory duty under Article 64 of the Education Reform (Northern Ireland) Order 1989 “to encourage and facilitate integrated education”; further welcomes the Court’s confirmation that integrated education, as referred to in Article 64, means a standalone concept envisaging the education of children together at the same school rather than in a school which has a predominately Catholic or Protestant ethos; and calls on the Minister of Education to place Article 64 at the heart of educational planning and to publish guidance within his own Department and beyond to ensure that this is the case in departmental decisions when planning for education.

Mr T Lunn
Mr C Lyttle
Mr S Dickson
Ms A Lo

Debate ensued.

The Deputy Speaker (Mr Dallat) in the Chair.

The Question being put, the Motion was negatived (Division 3).  

9. Adjournment

Mr Gordon Dunne spoke to his topic regarding the Bangor Health and Well-Being Centre.

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 6.17pm.

Mr William Hay
The Speaker
17 June 2014

Northern Ireland Assembly

17 June 2014
Division 1

Motion – Report on complaints against Mr Gerry Kelly MLA (vote on the motion without further debate)

Proposed:

That this Assembly, in consideration of the report of the Committee on Standards and Privileges (NIA183/11-15), imposes upon Mr Gerry Kelly MLA the sanction of exclusion from proceedings of the Assembly for a period of five days beginning on the Monday after the resolution.

Chairperson, Committee on Standards and Privileges

The Question was put and the Assembly divided.

Ayes: 56
Noes: 37

AYES

UNIONIST:

Mr Allister, Mr Anderson, Mr Beggs, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, 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 Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McNarry, Mr McQuillan, Lord Morrow, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Spratt, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells.

OTHER:

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

Tellers for the Ayes: Mrs Overend and Mr G Robinson.

NOES

NATIONALIST:

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 Lynch, Mr McAleer, Mr F McCann, Mr McCartney, Ms McCorley, Dr McDonnell, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr McKay, Mr McKinney, Ms Maeve McLaughlin, Mr Mitchel 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, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Lynch and Ms Ruane.

Total Votes                              93                           Total Ayes                            56                           [60.2%]

Nationalist Votes                37                               Nationalist Ayes                    0                            [0.0%]

Unionist Votes                         49                           Unionist Ayes                       49                           [100.0%]

Other Votes                             7                              Other Ayes                             7                            [100.0%]

The Motion was negatived on a cross-community vote.

Northern Ireland Assembly

17 June 2014
Division 2

Motion – Report of the Committee for Education on its Inquiry into the Education and Training Inspectorate and the School Improvement Process (NIA 132/11-15)

Proposed:

That this Assembly approves the report of the Committee for Education on its Inquiry into the Education and Training Inspectorate and the School Improvement Process (NIA 132/11-15); and calls on the Minister of Education to implement the recommendations contained in the report.

Chairperson, Committee for Education

The Question was put and the Assembly divided.

Ayes: 56
Noes: 27

AYES

Mr Agnew, Mr Allister, Mr Anderson, Mr Attwood, Mr Bell, Mr D Bradley, Ms P Bradley, Mr Buchanan, Mr Byrne, Mrs Cameron, Mr Clarke, Mrs Cochrane, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Dunne, Mr Durkan, Mr Easton, Mr Elliott, Mr Ford, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mrs D Kelly, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCarthy, Mr I McCrea, Dr McDonnell, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mr McKinney, Mr A Maginness,  Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr P Ramsey, Mr G Robinson, Mr Rogers, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir.

Tellers for the Ayes: Mr Newton and Mr Rogers

NOES

Ms Boyle, Mr Brady, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Hazzard and Mr Sheehan

The Motion was carried.

Northern Ireland Assembly

17 June 2014
Division 3

Motion – Integrated Education

Proposed:

That this Assembly notes the High Court ruling on the judicial review taken by Drumragh Integrated College; welcomes the reaffirmation of the statutory duty under Article 64 of the Education Reform (Northern Ireland) Order 1989 “to encourage and facilitate integrated education”; further welcomes the Court’s confirmation that integrated education, as referred to in Article 64, means a standalone concept envisaging the education of children together at the same school rather than in a school which has a predominately Catholic or Protestant ethos; and calls on the Minister of Education to place Article 64 at the heart of educational planning and to publish guidance within his own Department and beyond to ensure that this is the case in departmental decisions when planning for education.

Mr T Lunn
Mr C Lyttle
Mr S Dickson
Ms A Lo

The Question was put and the Assembly divided.

Ayes: 29
Noes: 40

AYES

Mr Agnew, Ms Boyle, Mr D Bradley, Mr Byrne, Mrs Cochrane, Mr Dickson, Mr Durkan, Dr Farry, Mr Flanagan, Mr Ford, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Ms J McCann, Mr McCarthy, Dr McDonnell, Mr McElduff, Mr McGlone, Mr McKay, Mr McKinney, Mr A Maginness, Mr Maskey, Mr O'Dowd, Mr P Ramsey, Mr Rogers, Mr Sheehan.

Tellers for the Ayes: Mr Dickson and Mr McCarthy

NOES

Mr Allister, Mr Anderson, Mr Beggs, 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,  Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir.

Tellers for the Noes: Mr Newton and Mr G Robinson

The Motion was negatived.

Northern Ireland Assembly

Papers Presented to the Assembly on
17 June 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:

7. Written Ministerial Statements

8. Consultation Documents

Consultation Paper on the Nitrates Action Programme Regulations (Northern Ireland) 2014 and Revisions to Associated Regulations (DARD)

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 18 June 2014

2011-2015 Mandate
Executive Bills

Title &
NIA Bill Number

First
Stage

Second Stage

Comm. Stage to Conclude

Report Ordered to be Printed

CS

FCS

Final Stage

Royal Assent

Marine Bill          5/11-15

21.02.12

05.03.12

06.07.12

05.07.12

30.04.13

13.05.13

21.05.13

17.09.13

Welfare Reform Bill 13/11-15

01.10.12

09.10.12

19.02.13

14.02.13

 

 

 

 

Education Bill    14/11-15

02.10.12

15.10.12

08.04.13

08.04.13

 

 

 

 

Planning Bill     17/11-15

14.01.13

22.01.13

07.06.13

06.06.13

24.06.13 & 25.06.13

 

 

 

Tobacco Retailers Bill 19/11-15

15.04.13

23.04.13

18.10.13

09.10.13

3.12.13

10.02.14

18.02.14

25.03.14

Carrier Bags Bill 20/11-15

03.06.13

11.06.13

30.11.13

26.11.13

28.01.14

25.02.14

10.03.14

28.04.14

Financial Provisions Bill 22/11-15

17.06.13

01.07.13

13.12.13

11.12.13

11.02.14

24.02.14

04.03.14

28.04.14

Public Service Pensions Bill     23/11-15

17.06.13

25.06.13

29.11.13

27.11.13

14.01.14

27.01.14

04.02.14

11.03.14

Licensing of Pavement Cafés Bill 24/11-15

17.06.13

25.06.13

13.12.13

05.12.13

04.03.14

25.03.14

07.04.14

12.05.14

Health and Social Care (Amendment) Bill 27/11-15

16.09.13

24.09.13

11.12.13

04.12.13

20.01.14

28.01.14

11.02.14

11.04.14

Local Government Bill 28/11-15

23.09.13

01.10.13

20.02.14

20.02.14

18&19.03.14

01.04.14

08.04.14

12.05.14

Road Races (Amendment) Bill 29/11-15

18.11.13

26.11.13

/

/

2.12.13

9.12.13

10.12.13

17.01.14

Reservoirs Bill 31/11-15

 

20.01.14

04.02.14

04.07.14

 

 

 

 

 

Budget Bill

32/11-15

10.02.14

11.02.14

/

/

17.02.14

18.02.14

24.02.14

19.03.14

Legal Aid and Coroners’ Courts Bill

33/11-15

31.03.14

08.04.14

20.06.14

 

 

 

 

 

Work and Families Bill

34/11-15

28.04.14

12.05.14

24.06.14

 

 

 

 

 

Road Traffic (Amendment) Bill

35/11-15

12.05.14

27.05.14

27.03.15

 

 

 

 

 

Budget (No.2) Bill 36/11-15

09.06.14

10.06.14

/

/

16.06.14

17.06.14

 

 

2011-2015 Mandate
Non-Executive Bills

 

Title &
Bill Number

First
Stage

Second Stage

Comm. Stage to Conclude

Report Ordered to be Printed

CS

FCS

Final Stage

Royal Assent

 

Road Traffic (Speed Limits) Bill 25/11-15

17.06.13

Bill fell.

Re-introduced as Bill 30/11-15 (see below)

 

 

 

 

 

 

 

 

Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill 26/11-15

24.06.13

23.09.13 & 24.09.13

11.04.14

11.04.14

 

 

 

 

Road Traffic (Speed Limits) Bill 30/11-15

 

09.12.13

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                   

 

/ Bill progressing by accelerated passage

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

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