Minutes of Proceedings
Session: 2014/2015
Date: 29 June 2015
The Assembly met at noon, the Speaker in the Chair.
1. Personal Prayer or Meditation
Members observed two minutes’ silence.
2. Speaker’s Business
2.1 Royal Assent
The Speaker informed Members that Royal Assent had been signified on 23 June 2015 to the Pensions Act (Northern Ireland) 2015.
2.2 Member Resignations
The Speaker informed Members that the Speaker’s Office had received letters from Mr Danny Kinahan and Mr Tom Elliott giving notice of their intention to resign as Members of the Assembly with effect from Saturday 27 June 2015. The Speaker advised that the Speaker’s Office had notified the Chief Electoral Officer, in accordance with section 35 of the Northern Ireland Act 1998.
2.3 New Members
The Speaker informed Members that he had been notified by the Chief Electoral Officer that
Mr Adrian Cochrane-Watson had been returned as a Member of the Assembly for the South Antrim constituency to fill the vacancy that resulted from the resignation of Mr Danny Kinahan; that Mr Neil Somerville had been returned as a Member of the Assembly for the Fermanagh and South Tyrone constituency to fill the vacancy that resulted from the resignation of Mr Tom Elliott; and that Ms Claire Hanna had been returned as a Member of the Assembly for the South Belfast constituency to fill the vacancy that resulted from the resignation of Dr Alasdair McDonnell.
Mr Cochrane-Watson, Mr Somerville and Ms Hanna signed the Roll of Membership on 29 June 2015 in the presence of the Speaker, Mr McLaughlin. The Speaker confirmed that the Members had signed the Roll and had entered their designations of identity.
3. Matter of the Day
3.1 Terror Attacks in Tunisia, France and Kuwait
Mr David McNarry, made a statement, under Standing Order 24, in relation to the terror attacks in Tunisia, France and Kuwait. Other Members were also called to speak on the matter.
4. Public Petition
4.1 Public Petition – No Entertainment Licences for Circuses with Animals
Mr Steven Agnew was granted leave, in accordance with Standing Order 22, to present a Public Petition regarding licences for circuses with animals.
The Principal Deputy Speaker (Mr Newton) took the Chair.
5. Assembly Business
5.1 Motion – Suspension of Standing Orders 10(2) to 10(4)
Proposed:
That Standing Orders 10(2) to 10(4) be suspended for 29 June 2015.
Mr P Weir
Ms C Ruane
Mr P Ramsey
Mr R Swann
Mr S Dickson
The Question being put, the Motion, was carried with cross-community support nemine contradicente.
5.2 Motion – Trustee of the Assembly Members' Pension Scheme
Proposed:
That Ms Caitríona Ruane be appointed to the Board of Trustees of the Assembly Members' Pension Scheme.
Mr G Kelly
Mr R McCartney
The Question being put, the Motion, was carried with cross-community support nemine contradicente.
6. Executive Committee Business
6.1 Statement – British Irish Council Summit
The Minister of Health, Social Services and Public Safety, Mr Simon Hamilton, made a statement regarding the British Irish Council Summit meeting held in Dublin on 19 June 2015, following which he replied to questions.
6.2 Statement – Líofa Website
The Minister of Culture, Arts and Leisure, Ms Carál Ní Chuilín, made a statement regarding the Líofa website, following which she replied to questions.
6.3 Further Consideration Stage – Budget (No.2) Bill (NIA Bill 53/11-16)
The Minister of Finance and Personnel, Mrs Arlene Foster, moved the Further Consideration Stage of the Budget (No. 2) Bill (NIA Bill 53/11-16).
No amendments were tabled to the Bill.
The Budget (No.2) Bill (NIA Bill 53/11-16) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.
6.4 Motion – The Londonderry Harbour (Variation of Limits) Order (Northern Ireland) 2015
Proposed:
That the Londonderry Harbour (Variation of Limits) Order (Northern Ireland) 2015 be affirmed.
Minister for Regional Development
Debate ensued.
The Question being put, the Motion was carried without division.
6.5 Motion – The draft Renewables Obligation (Amendment) Order (Northern Ireland) 2015
Proposed:
That the draft Renewables Obligation (Amendment) Order (Northern Ireland) 2015 be approved.
Minister of Enterprise, Trade and Investment
Debate ensued.
The Question being put, the Motion was carried without division.
6.6 Motion – The draft Local Government (Exclusion of Non-commercial Considerations) Order (Northern Ireland) 2015
Proposed:
That the draft Local Government (Exclusion of Non-commercial Considerations) Order (Northern Ireland) 2015 be approved.
Minister of the Environment
Debate ensued.
The Question being put, the Motion was carried without division.
6.7 Second Stage – Health and Social Care (Control of Data Processing) Bill (NIA Bill 52/11-16)
The Minister of Health, Social Services and Public Safety moved the Second Stage of the Health and Social Care (Control of Data Processing) Bill (NIA Bill 52/11-16).
Debate ensued.
The debate was suspended for Question Time.
The Speaker took the Chair.
7. Question Time
7.1 Enterprise, Trade and Investment
Questions were put to, and answered by, the Minister of Enterprise, Trade and Investment, Mr Jonathan Bell.
7.2 Environment
Questions were put to, and answered by, the Minister of the Environment, Mr Mark H. Durkan.
The Deputy Speaker (Mr Dallat) took the Chair.
8. Executive Committee Business (cont’d)
8.1 Second Stage – Health and Social Care (Control of Data Processing) Bill (NIA Bill 52/11-16) (cont’d)
Debate resumed.
The Deputy Speaker (Mr Beggs) took the Chair.
The Health and Social Care (Control of Data Processing) Bill (NIA Bill 52/11-16) passed Second Stage.
8.2 Second Stage – Water and Sewerage Services Bill (NIA Bill 51/11-16)
The Minister for Regional Development moved the Second Stage of the Water and Sewerage Services Bill (NIA Bill 51/11-16).
Debate ensued.
Water and Sewerage Services Bill (NIA Bill 51/11-16) passed Second Stage.
8.3 Consideration Stage – Food Hygiene Rating Bill (NIA Bill 41/11-16)
The Minister of Health, Social Services and Public Safety, Mr Simon Hamilton, moved the Consideration Stage of the Food Hygiene Rating Bill (NIA Bill 41/11-16).
Thirty-six amendments were tabled to the Bill and selected for debate.
Clauses
The question that Clause 1 stand part of the Bill was agreed without division.
The Principal Deputy Speaker (Mr Newton) took the Chair.
After debate, Amendment 1 to Clause 2 was made without division.
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, Amendment 5 to Clause 2 was made without division.
After debate, Amendment 6 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 7 to Clause 3 was made without division.
After debate, Amendment 8 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 9 to Clause 4 was made without division.
After debate, Amendment 10 to Clause 4 was made without division.
After debate, Amendment 11 to Clause 4 was made without division.
After debate, Amendment 12 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, Amendment 13 to Clause 5 was made without division.
After debate, Amendment 14 to Clause 5 was made without division.
After debate, Amendment 15 to Clause 5 was made without division.
After debate, Amendment 16 to Clause 5 was made without division.
After debate, Amendment 17 to Clause 5 was made without division.
The question being put, it was agreed without division that Clause 5, as amended, stand part of the Bill.
After debate, Amendment 18 to Clause 6 was made without division.
The question being put, it was agreed without division that Clause 6, as amended, stand part of the Bill.
After debate, Amendment 19 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.
The question that Clauses 8 and 9 stand part of the Bill was agreed without division.
After debate, Amendment 20 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.
The question that Clause 11 stand part of the Bill was agreed without division.
After debate, Amendment 21 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.
The question that Clause 13 stand part of the Bill was agreed without division.
After debate, Amendment 22 to Clause 14 was made without division.
After debate, Amendment 23 to Clause 14 was made without division.
After debate, Amendment 24 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 that Clause 15 stand part of the Bill was agreed without division.
After debate, Amendment 25 inserting new Clause 15A was made without division and it was agreed that the new clause stand part of the Bill.
After debate, Amendment 26 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.
The question that Clause 17 stand part of the Bill was agreed without division.
After debate, Amendment 27 to Clause 18 was made without division.
After debate, Amendment 28 to Clause 18 was made without division.
After debate, Amendment 29 to Clause 18 was made without division.
After debate, Amendment 30 to Clause 18 was made without division.
After debate, Amendment 31 to Clause 18 was made without division.
After debate, Amendment 32 to Clause 18 was made without division.
After debate, Amendment 33 to Clause 18 was made without division.
After debate, Amendment 34 to Clause 18 was made without division.
After debate, Amendment 35 to Clause 18 was made without division.
After debate, Amendment 36 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 that Clauses 19 and 20 stand part of the Bill was agreed without division.
Schedule
The question being put, it was agreed without division that the Schedule stand part of the Bill.
Long Title
The question being put, it was agreed without division that the Long Title stand part of the Bill.
Bill NIA 41/11-16 stood referred to the Speaker.
8.4 Consideration Stage – Road Traffic (Amendment) Bill (NIA Bill 35/11-15)
The Minister of the Environment, Mr Mark Durkan, moved the Consideration Stage of the Justice Bill (NIA Bill 35/11-15).
Forty amendments were tabled to the Bill and selected for debate, as well as notice of intention to oppose the questions that Clauses 3 and 16 stand part of the Bill.
Clauses
The question that Clauses 1 and 2 stand part of the Bill was agreed without division.
The question being put, it was negatived without division that Clause 3 stand part of the Bill.
The question that Clauses 4 and 5 stand part of the Bill was agreed without division.
After debate, Amendment 1 to Clause 6 was made without division.
The question being put, it was agreed without division that Clause 6, as amended, stand part of the Bill.
After debate, Amendment 2 inserting new Clause 6A was made without division and it was agreed that the new clause stand part of the Bill.
The question that Clauses 7 to 15 stand part of the Bill was agreed without division.
The Speaker took the Chair.
The question being put, it was negatived without division that Clause 16 stand part of the Bill.
After debate, Amendment 3 to Clause 17 was made without division.
After debate, Amendment 4 to Clause 17 was made without division.
After debate, Amendment 5 to Clause 17 was made without division.
The question being put, it was agreed without division that Clause 17, as amended, stand part of the Bill.
After debate, Amendment 6 to Clause 18 was made without division.
After debate, Amendments 7 to 11 to Clause 18 were made without division.
The question being put, it was agreed without division that Clause 18, as amended, stand part of the Bill.
The question that Clause 19 stand part of the Bill was agreed without division.
After debate, Amendment 12 to Clause 20 was made on division (Division).
After debate, Amendment 13 to Clause 20 was made without division.
After debate, Amendment 14 to Clause 20 was made without division.
After debate, Amendment 15 to Clause 20 was made without division.
The question being put, it was agreed without division that Clause 20, as amended, stand part of the Bill.
After debate, Amendment 16 to Clause 21 was made without division.
After debate, Amendment 17 to Clause 21 was made without division.
After debate, Amendments 18 to 22 to Clause 21 were made without division.
After debate, Amendment 23 to Clause 21 was made without division.
After debate, Amendment 24 to Clause 21 was made without division.
After debate, Amendment 25 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 that Clause 22 stand part of the Bill was agreed without division.
After debate, Amendment 26 inserting new Clause 22A was made without division and it was agreed that the new clause stand part of the Bill.
After debate, Amendment 27 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.
The question that Clauses 24 to 27 stand part of the Bill was agreed without division.
Schedules
After debate, Amendment 28 to Schedule 1 was made without division.
After debate, Amendment 29 to Schedule 1 was made without division.
After debate, Amendment 30 to Schedule 1 was made without division.
After debate, Amendment 31 to Schedule 1 was made without division.
After debate, Amendments 32 to 36 to Schedule 1 were made without division.
After debate, Amendment 37 to Schedule 1 was made without division.
After debate, Amendment 38 to Schedule 1 was made without division.
The question being put, it was agreed without division that Schedule 1, as amended, stand part of the Bill.
After debate, Amendment 39 to Schedule 2 was made without division.
After debate, Amendment 40 to Schedule 2 was made without division.
The question being put, it was agreed without division that Schedule 2, as amended, stand part of the Bill.
Long Title
The question being put, it was agreed without division that the Long Title stand part of the Bill.
NIA Bill 35/11-15 stood referred to the Speaker.
9. Adjournment
Proposed:
That the Assembly do now adjourn.
The Speaker
The Assembly adjourned at 10.26pm.
Mr Mitchel McLaughlin
The Speaker
29 June 2015
Food Hygiene Rating Bill
Annotated Marshalled List of Amendments
Consideration Stage
Monday 29 June 2015
Amendments tabled up to 9.30am Thursday, 25 June 2015 and selected for debate
The Bill will be considered in the following order-
Clauses, Schedule and Long Title
Amendment 1 [Made]
Clause 2, Page 2, Line 8
After second ‘must’ insert ‘(in so far as the district council has not already provided the operator with the following)’
Minister of Health, Social Services and Public Safety
Amendment 2 [Made]
Clause 2, Page 2, Line 19
Leave out ‘Having given a notification under this section’ and insert ‘Within 34 days of carrying out an inspection of a food business establishment on the basis of which it prepares a food hygiene rating’
Minister of Health, Social Services and Public Safety
Amendment 3 [Made]
Clause 2, Page 2, Line 24
Leave out ‘on its website’ and insert ‘online’
Minister of Health, Social Services and Public Safety
Amendment 4 [Made]
Clause 2, Page 2, Line 25
After ‘appropriate’ insert ‘; and, if it is required to publish the rating, it must do so no later than 7 days after the end of the appeal period in relation to the rating’
Minister of Health, Social Services and Public Safety
Amendment 5 [Made]
Clause 2, Page 2, Line 25
At end insert -
‘(5A) The “end of the appeal period”, in relation to a food hygiene rating, means—
(a) the end of the period within which an appeal against the rating may be made under section 3, or
(b) where an appeal against the rating is made under that section, the end of the day on which the operator of the establishment is notified of the determination on the appeal (or, if the appeal is abandoned, the end of the day on which it is abandoned).’
Minister of Health, Social Services and Public Safety
Amendment 6 [Made]
Clause 2, Page 2, Line 26
Leave out ‘of sticker to be provided under subsection (3)(a)’ and insert -
‘or forms of stickers to be provided under subsection (3)(a); and, in the case of each form so prescribed, the regulations must specify whether the cost of producing stickers in that form is to be borne—
(a) by the Food Standards Agency,
(b) by the district council which provides the stickers, or
(c) by the Food Standards Agency and the district council jointly in the specified manner.’
Minister of Health, Social Services and Public Safety
Amendment 7 [Made]
Clause 3, Page 3, Line 11
At end insert -
‘(6A) The district council to which the appeal is made must also, before the end of the period under subsection (5)—
(a) inform the Food Standards Agency of its determination on the appeal (or, if the appeal is abandoned, that it has been abandoned), and
(b) if the district council has changed the establishment’s food hygiene rating on the appeal but considers that it would not be appropriate to publish the new rating, inform the Food Standards Agency accordingly.
(6B) The Food Standards Agency, having been informed under subsection (6A)(a) of the determination on the appeal, must, if the rating has been changed on the appeal, publish the new rating online, unless it has been informed under subsection (6A)(b) that publication would not be appropriate; and, if it is required to publish the new rating, it must do so within 7 days of having been informed of the determination on the appeal.’
Minister of Health, Social Services and Public Safety
Amendment 8 [Made]
Clause 3, Page 3, Line 19
Leave out ‘the’ and insert ‘a’
Minister of Health, Social Services and Public Safety
Amendment 9 [Made]
Clause 4, Page 4, Line 6
At end insert -
‘(4A) Within 34 days of carrying out an inspection under subsection (2), a district council—
(a) must inform the Food Standards Agency of its determination on the review, and
(b) if the district council has changed the establishment’s food hygiene rating on the review but considers that it would not be appropriate to publish the new rating, must inform the Food Standards Agency accordingly.
(4B) The Food Standards Agency, having been informed under subsection (4A)(a) of the determination on the review, must, if the rating has been changed on the review, publish the new rating online, unless it has been informed under subsection (4A)(b) that publication would not be appropriate; and, if it is required to publish the new rating, it must do so no later than 7 days after the end of the appeal period in relation to the new rating.’
Minister of Health, Social Services and Public Safety
Amendment 10 [Made]
Clause 4, Page 4, Line 25
After ‘applies’ insert ‘, with such modifications as are necessary,’
Minister of Health, Social Services and Public Safety
Amendment 11 [Made]
Clause 4, Page 4, Line 27
Leave out ‘the’ and insert ‘a’
Minister of Health, Social Services and Public Safety
Amendment 12 [Made]
Clause 4, Page 4, Line 28
At end insert -
‘(10) The Department may by order amend this section so as to limit, in the case of each food hygiene rating for an establishment, the number of occasions on which the right to request a review of the rating may be exercised.’
Minister of Health, Social Services and Public Safety
Amendment 13 [Made]
Clause 5, Page 5, Line 1
Leave out ‘having received’ and insert ‘within 7 days of receiving’
Minister of Health, Social Services and Public Safety
Amendment 14 [Made]
Clause 5, Page 5, Line 2
Leave out ‘on its website’ and insert ‘online’
Minister of Health, Social Services and Public Safety
Amendment 15 [Made]
Clause 5, Page 5, Line 3
At end insert -
‘(3A) But where, at the time when the Food Standards Agency receives the representations, it has yet to publish under section 2(5) the rating to which the representations relate, the duty under subsection (3) instead applies as a duty to publish the representations within 7 days of publishing the rating under section 2(5).’
Minister of Health, Social Services and Public Safety
Amendment 16 [Made]
Clause 5, Page 5, Line 4
Leave out ‘(2)’ and insert ‘(3)’
Minister of Health, Social Services and Public Safety
Amendment 17 [Made]
Clause 5, Page 5, Line 5
After ‘2(4)(b)’ insert ‘, 3(6A)(b) or 4(4A)(b)’
Minister of Health, Social Services and Public Safety
Amendment 18 [Made]
Clause 6, Page 5, Line 29
Leave out subsection (4)
Minister of Health, Social Services and Public Safety
Amendment 19 [Made]
Clause 7, Page 6, Line 2
At end insert -
‘(3) The Department may by regulations provide that, in the case of a food business establishment which supplies consumers with food which they order by means of an online facility of a specified kind, the operator must ensure that the establishment’s food hygiene rating is provided online in the specified manner.
(4) The regulations may, for example, require a food hygiene rating to be provided online by means of a link to the rating in the form in which it is published by the Food Standards Agency under section 2(5).’
Minister of Health, Social Services and Public Safety
Amendment 20 [Made]
Clause 10, Page 6, Line 32
Leave out ‘7’ and insert ‘7(1) or a duty in regulations under section 7(3)’
Minister of Health, Social Services and Public Safety
Amendment 21 [Made]
Clause 12, Page 8, Line 8
After ‘regulations’ insert ‘(in so far as the district council has not already done so)’
Minister of Health, Social Services and Public Safety
Amendment 22 [Made]
Clause 14, Page 9, Line 6
At end insert -
‘(7A) The Department must publish its response to the report; and its response must indicate—
(a) whether it proposes to exercise one or more of the powers under sections 1(7), 3(10), 4(10) and 15A(1),
(b) in so far as it does so propose, the amendments it proposes to make and its reasons for doing so, and
(c) in so far as it does not so propose, its reasons for not doing so.’
Minister of Health, Social Services and Public Safety
Amendment 23 [Made]
Clause 14, Page 9, Line 7
Leave out subsection (8)
Minister of Health, Social Services and Public Safety
Amendment 24 [Made]
Clause 14, Page 9, Line 8
At end insert -
‘(9) The Food Standards Agency must promote the scheme provided for by this Act.’
Minister of Health, Social Services and Public Safety
Amendment 25 [Made]
New Clause
After clause 15 insert -
‘Adjustment of time periods
15A .—(1) The Department may by order amend a provision of this Act which specifies a period within which something may or must be done by substituting a different period for the period for the time being specified.
(2) Where the period under section 2(1), (4) or (5), 3(6B), 4(3), (4A) or (4B) or 5(3) includes the last working day before Christmas Day, the period is to be extended by 7 days; and for this purpose, “working day” means a day which is not a Saturday or Sunday.
(3) Where, because of exceptional circumstances, it is not reasonably practicable for a district council to comply with section 2(1) or (4) or 4(3) or (4A), or for the Food Standards Agency to comply with section 2(5), 3(6B), 4(4B) or 5(3), within the period for the time being specified (including any extension of that period under subsection (2) above), it must comply as soon as it is reasonably practicable for it to do so.’
Minister of Health, Social Services and Public Safety
Amendment 26 [Made]
Clause 16, Page 9, Line 19
At end insert -
‘“end of the appeal period”, in relation to a food hygiene rating, has the meaning given in section 2(5A);’
Minister of Health, Social Services and Public Safety
Amendment 27 [Made]
Clause 18, Page 10, Line 19
At end insert -
‘(1A) No regulations shall be made under section 7(3) (online provision of ratings) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.’
Minister of Health, Social Services and Public Safety
Amendment 28 [Made]
Clause 18, Page 10, Line 20
After ‘under’ insert ‘any other provision of’
Minister of Health, Social Services and Public Safety
Amendment 29 [Made]
Clause 18, Page 10, Line 21
Leave out subsection (3)
Minister of Health, Social Services and Public Safety
Amendment 30 [Made]
Clause 18, Page 10, Line 27
At end insert -
‘( ) section 4(10) (power to limit number of requests for review of rating);’
Minister of Health, Social Services and Public Safety
Amendment 31 [Made]
Clause 18, Page 10, Line 28
Leave out paragraph (c)
Minister of Health, Social Services and Public Safety
Amendment 32 [Made]
Clause 18, Page 10, Line 29
At end insert -
‘( ) section 15A(1) (power to amend time periods);’
Minister of Health, Social Services and Public Safety
Amendment 33 [Made]
Clause 18, Page 10, Line 30
At end insert -
‘(4A) An order under any other provision of this Act, other than section 20 (commencement), is subject to negative resolution.’
Minister of Health, Social Services and Public Safety
Amendment 34 [Made]
Clause 18, Page 10, Line 31
Leave out subsection (5)
Minister of Health, Social Services and Public Safety
Amendment 35 [Made]
Clause 18, Page 10, Line 32
Leave out subsection (6)
Minister of Health, Social Services and Public Safety
Amendment 36 [Made]
Clause 18, Page 10, Line 33
At end insert -
‘( ) An order under section 1(7) may, in reliance on subsection (1) of this section, amend sections 7, 10 and 11 (duty to display rating, offences and fixed penalties).’
Minister of Health, Social Services and Public Safety
Road Traffic (Amendment) Bill
Annotated Marshalled List of Amendments
Consideration Stage
Monday 29 June 2015
Amendments tabled up to 9.30am Thursday, 25 June 2015 and selected for debate
The Bill will be considered in the following order-
Clauses, Schedules and Long Title
Clause 3 [Question that Clause 3 stand part was negatived]
The Minister of the Environment gives notice of his intention to oppose the question that clause 3 stand part of the Bill.
Minister of the Environment
Amendment 1 [Made]
Clause 6, Page 7, Line 13
Leave out ‘repealed’ and insert ‘omitted’
Minister of the Environment
Amendment 2 [Made]
New Clause
After clause 6 insert -
‘Choice of specimens
6A. Article 19 of the Order of 1995 (choice of specimens of breath) is amended as follows—
(a) for the title, substitute “Lower of 2 specimens of breath to be used”,
(b) in paragraph (1), the words “Subject to paragraph (2),” are omitted,
(c) paragraphs (2), (2A) and (3) are omitted.’
Minister of the Environment
Clause 16 [Question that Clause 16 stand part was negatived]
The Minister of the Environment gives notice of his intention to oppose the question that clause 16 stand part of the Bill.
Minister of the Environment
Amendment 3 [Made]
Clause 17 , Page 15, Line 17
Leave out ‘12’ and insert ‘6’
Minister of the Environment
Amendment 4 [Made]
Clause 17 , Page 15, Line 26
After ‘Order’ insert ‘(or section 36 of the Road Traffic Offenders Act 1988)’
Minister of the Environment
Amendment 5 [Made]
Clause 17 , Page 15, Line 28
After ‘1998’ insert ‘(or section 4 of, or paragraph 6 or 9 of Schedule 1 to, the Road Traffic (New Drivers) Act 1995)’
Minister of the Environment
Amendment 6 [Made]
Clause 18 , Page 17, Line 17
Leave out ‘13 (grant of licences)’ and insert ‘13A (residence requirement for grant of licences)’
Minister of the Environment
Amendment 7 [Made]
Clause 18 , Page 17, Line 20
Leave out ‘13A’ and insert ‘13B’
Minister of the Environment
Amendment 8 [Made]
Clause 18 , Page 17, Line 37
Leave out ‘13B’ and insert ‘13C’
Minister of the Environment
Amendment 9 [Made]
Clause 18, Page 19, Line 17
Leave out ‘13A’ and insert ‘13B’
Minister of the Environment
Amendment 10 [Made]
Clause 18, Page 19, Line 19
Leave out ‘13B’ and insert ‘13C’
Minister of the Environment
Amendment 11 [Made]
Clause 18, Page 19, Line 27
Leave out ‘13B’ and insert ‘13C’
Minister of the Environment
Amendment 12 [Made on Division]
Clause 20, Page 21, Line 28
At end insert -
‘(ia) the driver is driving at any time between 10 pm and 6 am,’
Mrs Sandra Overend
Amendment 13 [Made]
Clause 20 , Page 22, Line 25
After ‘Order’ insert ‘(or section 36 of the Road Traffic Offenders Act 1988)’
Minister of the Environment
Amendment 14 [Made]
Clause 20 , Page 22, Line 27
After ‘1998’ insert ‘(or section 4 of, or paragraph 6 or 9 of Schedule 1 to, the Road Traffic (New Drivers) Act 1995)’
Minister of the Environment
Amendment 15 [Made]
Clause 20, Page 23
Leave out lines 3 to 8
Minister of the Environment
Amendment 16 [Made]
Clause 21, Page 26, Line 1
Leave out ‘(1ZD)’ and insert ‘(1ZC)’
Minister of the Environment
Amendment 17 [Made]
Clause 21, Page 26
Leave out lines 3 and 4
Minister of the Environment
Amendment 18 [Made]
Clause 21, Page 26, Line 5
Leave out ‘(1ZD)’ and insert ‘(1ZC)’
Minister of the Environment
Amendment 19 [Made]
Clause 21, Page 26, Line 14
Leave out ‘a’ and insert ‘the’
Minister of the Environment
Amendment 20 [Made]
Clause 21, Page 26, Line 17
Leave out ‘5A’ and insert ‘5B’
Minister of the Environment
Amendment 21 [Made]
Clause 21, Page 26, Line 23
Leave out ‘that’
Minister of the Environment
Amendment 22 [Made]
Clause 21, Page 26, Line 23
After ‘Article’ insert ‘5’
Minister of the Environment
Amendment 23 [Made]
Clause 21, Page 26, Line 23
At end insert -
‘“Only one offer of an approved course during a person’s probationary period
5A. The Department may make only one offer under this Order (by virtue of any of Article 5(1ZB) or paragraph 5(1ZB) or 8(1ZB) of Schedule 1) to a person during the person’s probationary period.’
Minister of the Environment
Amendment 24 [Made]
Clause 21, Page 26, Line 25
Leave out ‘5A.’ and insert ‘5B.’
Minister of the Environment
Amendment 25 [Made]
Clause 21 , Page 27, Line 25
At end insert -
(4) In Schedule 1 (newly qualified drivers holding test certificate)—
(a) in paragraph 5 (revocation of test certificate: newly qualified driver with provisional licence and test certificate)—
(i) in sub-paragraph (1), after “Department”, where it second occurs, insert “, except where sub-paragraph (1ZB) provides otherwise,”,
(ii) in sub-paragraph (1ZA), after “Department”, where it second occurs, insert “(except where sub-paragraph (1ZB) provides otherwise)”,
(iii) after sub-paragraph (1ZA) insert—
“(ZB) The Department may offer the person the opportunity, by the relevant date, to satisfactorily complete an approved course; and if the person accepts the offer and, by the relevant date, satisfactorily completes an approved course, except as provided in sub-paragraph (1ZC) the Department shall not revoke his test certificate.
(1ZC) Where—
(a) the Department makes an offer under sub-paragraph (1ZB) and the person to whom it is made accepts the offer;
(b) during the period beginning with the day on which the offer is made and ending with the day on which the person satisfactorily completes an approved course, the Department receives, in respect of an offence other than that in respect of which the offer was made—
(i) notice of a court order referred to in Article 4(1)(d); or
(ii) he person’s test certificate as mentioned in paragraph 4(4),
the Department shall by notice served on that person revoke the test certificate.”,
(iv) after sub-paragraph (5) add—
“(6) In this paragraph—
“approved course” means a course approved by the Department for the purposes of this paragraph;
“the relevant date” means such date, not later than 6 months after the day on which the offer under sub-paragraph (1ZB) is given, as is specified in the offer.”,
(b) after paragraph 5, insert—
“Approved courses under paragraph 5: further provision
5A. Article 5B applies for the purposes of making an offer under paragraph 5(1ZB), and approved courses for the purposes of paragraph 5, as it applies for the purposes of making an offer under Article 5(1ZB), and approved courses for the purposes of Article 5, as if—
(a) references in Article 5 to an approved course, and approved courses, were references to an approved course, and approved courses, within the meaning of paragraph 5 and references to Article 5, and Article 5(1ZB), were references to paragraph 5, and paragraph 5(1ZB);
(b) the reference in Article 5B(3) to regulations under paragraph (2) (of Article 5) were a reference to regulations under this paragraph.”,
(c) in paragraph 8 (revocation of licence and test certificate: newly qualified driver with full and provisional entitlements and test certificate)—
(i) in sub-paragraph (1), after “Department”, where it second occurs, insert “, except where sub-paragraph (1ZB) provides otherwise,”,
(ii) in sub-paragraph (1ZA), after “Department”, where it second occurs, insert “(except where sub-paragraph (1ZB) provides otherwise)”,
(iii) after sub-paragraph (1ZA) insert—
“(1ZB) The Department may offer the person the opportunity, by the relevant date, to satisfactorily complete an approved course; and if the person accepts the offer and, by the relevant date, satisfactorily completes an approved course, except as provided in sub-paragraph (1ZC) the Department shall not revoke his licence and test certificate.
(1ZC) Where—
(a) the Department makes an offer under sub-paragraph (1ZB) and the person to whom it is made accepts the offer;
(b) during the period beginning with the day on which the offer is made and ending with the day on which the person satisfactorily completes an approved course, the Department receives, in respect of an offence other than that in respect of which the offer was made—
(i) notice of a court order referred to in Article 4(1)(d) and the person’s licence and test certificate; or
(ii) the person’s licence and test certificate as mentioned in paragraph 7(4),
the Department shall by notice served on that person revoke the licence and test certificate.”,
(iv) after sub-paragraph (3) add—
“(4) In this paragraph—
“approved course” means a course approved by the Department for the purposes of this paragraph;
“the relevant date” means such date, not later than 6 months after the day on which the offer under sub-paragraph (1ZB) is given, as is specified in the offer.”,
(d) after paragraph 8, insert—
“Approved courses under paragraph 8: further provision
8A. Article 5B applies for the purposes of making an offer under paragraph 8(1ZB), and approved courses for the purposes of paragraph 8, as it applies for the purposes of making an offer under Article 5(1ZB), and approved courses for the purposes of Article 5, as if—
(a) references in Article 5 to an approved course, and approved courses, were references to an approved course, and approved courses, within the meaning of paragraph 8 and references to Article 5, and Article 5(1ZB), were references to paragraph 8, and paragraph 8(1ZB);
(b) the reference in Article 5B(3) to regulations under paragraph (2) (of Article 5) were a reference to regulations under this paragraph.”.’
Minister of the Environment
Amendment 26 [Made]
New Clause
Before clause 23 insert -
‘Orders and regulations under the Order of 1995
22A. Article 110 of the Order of 1995 is amended as follows—
(a) in paragraph (1) (exception from requirement for orders to be subject to negative resolution), for “this Order”, where it first occurs, substitute “paragraph (3A)”,
(b) after paragraph (3) insert—
“(3A) An order made under—
(a) Article 13A(4) or (7), or
(b) Article 63(9),
shall not be made unless a draft has been laid before, and approved by a resolution of, the Assembly.”,
(c) in paragraph (4) (procedure for certain regulations), for “shall be subject to affirmative resolution” substitute “shall not be made unless a draft has been laid before, and approved by a resolution of, the Assembly”.’
Minister of the Environment
Amendment 27 [Made]
Clause 23, Page 28, Line 11
Leave out ‘a statutory provision’ and insert ‘Northern Ireland legislation or an Act of Parliament’
Minister of the Environment
Amendment 28 [Made]
Schedule 1, Page 29, Line 7
Leave out ‘sections 2 and 3’ and insert ‘section 2’
Minister of the Environment
Amendment 29 [Made]
Schedule 1, Page 29, Line 10
Leave out paragraph 2
Minister of the Environment
Amendment 30 [Made]
Schedule 1 , Page 29, Line 17
At end insert -
‘Choice of specimens
2A. The amendments of the Order of 1995 made by section 6A do not apply in relation to an offence committed before the commencement of the amendments.’
Minister of the Environment
Amendment 31 [Made]
Schedule 1, Page 31, Line 30
Leave out paragraph 12
Minister of the Environment
Amendment 32 [Made]
Schedule 1, Page 31, Line 35
Leave out ‘12’ and insert ‘6’
Minister of the Environment
Amendment 33 [Made]
Schedule 1, Page 31, Line 40
Leave out ‘12’ and insert ‘6’
Minister of the Environment
Amendment 34 [Made]
Schedule 1, Page 32, Line 28
Leave out ‘12’ and insert ‘6’
Minister of the Environment
Amendment 35 [Made]
Schedule 1, Page 33, Line 3
Leave out ‘12’ and insert ‘6’
Minister of the Environment
Amendment 36 [Made]
Schedule 1, Page 33, Line 12
Leave out ‘(1ZD)’ and insert ‘(1ZC)’
Minister of the Environment
Amendment 37 [Made]
Schedule 1, Page 33, Line 12
After ‘of’ insert ‘, and paragraph 8(1ZC)(b) of Schedule 1 to’
Minister of the Environment
Amendment 38 [Made]
Schedule 1, Page 33, Line 13
Leave out ‘) has’ and insert ‘and (4)(c)(iii)) have’
Minister of the Environment
Amendment 39 [Made]
Schedule 2 , Page 33, Line 31
In column 2, leave out ‘In Article 19, paragraph (2).’ and insert ‘In Article 19(1), the words “Subject to paragraph (2),”.’
Minister of the Environment
Amendment 40 [Made]
Schedule 2 , Page 33, Line 31
At end insert, in column 2 -
‘ Article 19(2), (2A) and (3).
’
Minister of the Environment
Northern Ireland Assembly
29 June 2015
Division
Consideration Stage – Road Traffic (Amendment) Bill (NIA Bill 35/11-15) – Amendment 12
The Question was put and the Assembly divided.
Ayes: 47
Noes: 36
AYES
Mr Allister, Mr Anderson, Mr Beggs, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mrs Cochrane, Mr Adrian Cochrane-Watson, Mr Craig, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Dr Farry, Mr Ford, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Humphrey, Mr Irwin, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCarthy, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Lord Morrow, Mr Moutray, Mr Nesbitt, Mrs Overend, Mr Poots, Mr G Robinson, Mr Neil Somerville, Mr Spratt, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wilson.
Tellers for the Ayes: Mr Beggs, Mrs Overend.
NOES
Mr Agnew, Mr Attwood, Ms Boyle, Mr D Bradley, Mr Dallat, Mr Durkan, Ms Fearon, Mr Flanagan, Ms Hanna, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr McGlone, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Mr Murphy, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mr Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.
Tellers for the Noes: Mr A Maginness, Mr Milne.
The Amendment was made.
Northern Ireland Assembly
Papers Presented to the Assembly on 25 June – 29 June 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
Northern Ireland Assembly Retention and Disposal Schedule (DCAL).
Parole Commissioners for Northern Ireland Annual Report 2014-2015 (DOJ)
Ulster Unionist Party Committee Membership as referred to in the Committee Membership motion on the Order Paper of 30 June 2015 (UUP).
Probation Board for Northern Ireland Annual Report and Accounts 2014-15 (DOJ).
Northern Ireland Judicial Appointments Ombudsman Annual Report 2014-15 (DOJ).
Professional Standards Authority Annual Report and Accounts and Performance Review Report 2014-15 (DHSSPS).
The General Consumer Council for Northern Ireland Annual Report and Accounts for the year ended 31 March 2015 (DETI).
Northern Ireland Authority for Utility Regulation Annual Report for 2014/15 (DETI).
Business Services Organisation Annual Report and Accounts for the year ended 31 March 2015 (DHSSPS).
Southern Health and Social Care Trust Annual Report and Accounts for the year ended 31 March 2015 (DHSSPS).
Southern Health and Social Care Trust Annual Report and Accounts of the Trust Funds held by the Southern Health and Social Care Trust year ended 31 March 2015 (DHSSPS).
5. Assembly Reports
Report of the Examiner of Statutory Rules to the Assembly and the Appropriate Committees (NIA 260/11-16).
6. Statutory Rules
S.R. 2015/276 The Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2015 (DEL).
For Information Only:
S.R 2015/283 The Road Races (Armoy Motorcycle Race) Order (Northern Ireland) 2015 (DRD).
7. Written Ministerial Statements
Utility Regulator’s Review of the Impact of the Industrial Action in NI Water (DRD).
8. Consultation Documents
Proposal for Mandatory Wearing of Helmets on Tricycles (DOE).
Proposed Fee Structure for Court Funds Office (NICTS).
Geological Storage of Carbon Dioxide in Northern Ireland – Access to Infrastructure Regulations and Licensing etc Regulations (DETI).
9. Departmental Publications
Agriculture and Horticulture Development Board Annual Report and Accounts 2014/15 (DARD).
Organised Crime Task Force - Annual Report and Threat Assessment 2015 (DOJ).
Strategic Investment Board Limited Annual Review and Financial Statements 2014-15 (OFMdFM).
10. Agency Publications
Food Standards Agency in Northern Ireland Resource Accounts 2014-15 (for the year ended 31 March 2015) (FSA).
11. Westminster Publications
12. Miscellaneous Publications
