Minutes of Proceedings

Session: 2014/2015

Date: 26 January 2015

The Assembly met at noon, the Speaker in the Chair.

1.    Personal Prayer or Meditation

2.    Executive Committee Business

2.1  Further Consideration Stage – Off-street Parking (Functions of District Councils) Bill (NIA Bill 40/11-16)

The Minister for Regional Development, Mr Danny Kennedy, moved the Further Consideration Stage of the Off-street Parking (Functions of District Councils) Bill.

No amendments were tabled to the Bill.

Bill NIA 40/11-16 stood referred to the Speaker for consideration in accordance with Section 10 of the Northern Ireland Act 1998.

2.2  Legislative Consent Motion – Pensions Scheme Bill

Proposed:

That this Assembly endorses the principle of the extension to Northern Ireland of provisions of the Pension Schemes Bill dealing with independent advice, drawdown, conversion of benefits and lump sums, rights to transfer benefits and the Financial Assistance Scheme as contained in clauses 51 to 53 and 60 to 64 of, and Schedules 2 and 4 to, the Bill as brought from the House of Commons to the Lords.

Minister for Social Development

Debate ensued.

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

3.   Private Members’ Business

3.1  Second Stage – Children's Services Co-operation Bill (NIA Bill 44/11-16)

Mr Steven Agnew moved the Second Stage of the Children's Services Co-operation Bill (NIA Bill 44/11-16).

Debate ensued.

The Deputy Speaker (Mr Dallat) took the Chair.

The Principal Deputy Speaker took the Chair.

The debate was suspended for Question Time.

The Deputy Speaker (Mr Beggs) took the Chair.

4.   Question Time

4.1  Finance and Personnel   

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

4.2  Health, Social Services and Public Safety

Questions were put to, and answered by, the Minister of Health, Social Services and Public Services, Mr Jim Wells.

5.    Private Members’ Business (cont’d)

5.1  Second Stage – Children's Services Co-operation Bill (NIA Bill 44/11-16) (cont’d)

Debate resumed on the Bill.

The Speaker took the Chair.

The Children's Services Co-operation Bill (NIA Bill 44/11-16) passed Second Stage without division.

6.   Private Members’ Business 

6.1  Motion – Development Proposal 264 Coláiste Dhoire

A valid Petition of Concern was presented under Standing Order 28, on Thursday 22 January 2015 in relation to the Motion (Appendix 1).              

Proposed:

This Assembly notes with concern the decision of the Minister of Education to approve Development Proposal 264 to establish a new grant-aided, independent Irish Medium Post-Primary school Coláiste Dhoire at Owenbeg, Dungiven; further notes that this decision was taken contrary to official advice from the Western Education and Library Board, the North Eastern Education and Library Board, the Education and Training Inspectorate, the Ministerial Advisory Group on Irish Medium Education and his own Department; and calls on both the Minister of Education and the Executive, in the context of ongoing budgetary pressures, to review this decision on the grounds of rationality, affordability and sustainability.

Mr D Kinahan
Mrs S Overend

6.2  Amendment

Proposed:

At end insert:

‘; and further calls on the Minister of Education to review and bring forward proposals to end the statutory advantage that some sectors enjoy to the detriment of existing schools.’

Miss M McIlveen
Mr R Newton
Mr J Craig
Mr N McCausland

Debate ensued.

The Question being put, Amendment No. 1 was made (Division 1).

The Question being put, the Motion, as amended, was negatived on a cross-community vote (Division 2).

 7.   Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 5.50pm.

Mr Mitchel McLaughlin
The Speaker

26 January 2015

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 Friday 23 January 2015 in relation to the following motion:

Development Proposal 264 Coláiste Dhoire

This Assembly notes with concern the decision of the Minister of Education to approve Development Proposal 264 to establish a new grant-aided, independent Irish Medium Post-Primary school Coláiste Dhoire at Owenbeg, Dungiven; further notes that this decision was taken contrary to official advice from the Western Education and Library Board, the North Eastern Education and Library Board, the Education and Training Inspectorate, the Ministerial Advisory Group on Irish Medium Education and his own Department; and calls on both the Minister of Education and the Executive, in the context of ongoing budgetary pressures, to review this decision on the grounds of rationality, affordability and sustainability.

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

Northern Ireland Assembly

26 January 2015
Division  1

Motion – Development Proposal 264 Coláiste Dhoire – Amendment 1

Proposed:

At end insert:

‘; and further calls on the Minister of Education to review and bring forward proposals to end the statutory advantage that some sectors enjoy to the detriment of existing schools.’

Miss M McIlveen
Mr R Newton
Mr J Craig
Mr N McCausland

The Question was put and the Assembly divided.

Ayes: 47
Noes: 46

AYES

Mr Allister, Mr Anderson, Mr Beggs, Mr Bell, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Cree, Mr Devenney, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, 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 P Robinson, Mr Ross, Mr Spratt, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells.

Tellers for the Ayes: Mr McQuillan, Mr G Robinson.

NOES

Mr Agnew, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Byrne, Mrs Cochrane, Mr Dallat, Mr Dickson, Mr Durkan, Mr Eastwood, Dr Farry, Ms Fearon, Mr Flanagan, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr B McCrea, Dr McDonnell, Mr McElduff, Mr McGlone, Mr M McGuinness, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mr Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Ms Maeve McLaughlin, Mr Ó hOisín. 

The Amendment was made.

Northern Ireland Assembly

26 January 2015
Division 2

Motion – Development Proposal 264 Coláiste Dhoire (as amended)

Proposed:

This Assembly notes with concern the decision of the Minister of Education to approve Development Proposal 264 to establish a new grant-aided, independent Irish Medium Post-Primary school Coláiste Dhoire at Owenbeg, Dungiven; further notes that this decision was taken contrary to official advice from the Western Education and Library Board, the North Eastern Education and Library Board, the Education and Training Inspectorate, the Ministerial Advisory Group on Irish Medium Education and his own Department; and calls on both the Minister of Education and the Executive, in the context of ongoing budgetary pressures, to review this decision on the grounds of rationality, affordability and sustainability and further calls on the Minister of Education to review and bring forward proposals to end the statutory advantage that some sectors enjoy to the detriment of existing schools.

The Question was put and the Assembly divided.

Ayes: 47
Noes: 45

AYES

UNIONIST:

Mr Allister, Mr Anderson, Mr Beggs, Mr Bell, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Cree, Mr Devenney, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, 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 P Robinson, Mr Ross, Mr Spratt, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells.

Tellers for the Ayes: Mr Kinahan, Mrs Overend.

NOES

NATIONALIST:

Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Byrne, Mr Dallat, Mr Durkan, Mr Eastwood, Ms Fearon, Mr Flanagan, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Dr McDonnell, Mr McElduff, Mr McGlone, Mr M McGuinness, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mr Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

OTHER

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

Tellers for the Noes: Ms Maeve McLaughlin, Mr Ó hOisín.

Total votes                               92                                           Total Ayes                            47           [51.1%]

Nationalist Vote                      37                                           Nationalist Ayes                  0              [0.0%]

Unionist Votes                         47                                           Unionist Ayes                       47           [100%]

Other Votes                               8                                            Other Ayes                          0              [0.0%]

The following Member voted in both Lobbies and is therefore not counted in the result: Mr B McCrea.

The Motion was negatived on a cross-community vote.

Northern Ireland Assembly

Papers Presented to the Assembly on
21 January – 26 January 2015

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

Food from Britain Annual Reports and Accounts 2013/2014 & 2014/2015 (DARD).

5.  Assembly Reports

Report on the Legislative Consent Motion Health and Social Care (Safety and Quality) Bill: Regulation of Health Care Professionals NIA 215/11-16 (Committee for Health, Social Services and Public Safety).

6.  Statutory Rules

S.R. 2015/13 The Level Crossing (Cullybackey South) Order (Northern Ireland) 2015 (DRD).

S.R. 2015/14 The Food Waste Regulations (Northern Ireland) 2015 (DOE).

S.R. 2015/15 The Public Service (Civil Servants and Others) Pensions (Consequential and Amendment) Regulations (Northern Ireland) 2015 (DFP).

S.R. 2015/XXX The Criminal Legal Aid (Disclosure of Information) Rules (Northern Ireland) 2015 (DOJ).

S.R. 2015/XXX The Civil Legal Services (Disclosure of Information) Regulations (Northern Ireland) 2015 (DOJ).

S.R. 2015/XXX The Civil Legal Services (Cost Protection) Regulations (Northern Ireland) 2015 (DOJ).

S.R. 2015/XXX The Civil Legal Services (Appeal) Regulations (Northern Ireland) 2015 (DOJ).

For Information Only

(C.1) The Public Service Pensions (2014 Act) (Commencement No.2) Order (Northern Ireland) 2015 (DFP).

7.  Written Ministerial Statements

8.  Consultation Documents

Department for Social Development: Social Housing Reform Programme Tenant Participation Strategy for Northern Ireland: 2015-2020 (DSD).

9.  Departmental Publications

10.  Agency Publications

11.  Westminster Publications

12. Miscellaneous Publications

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