Minutes of Proceedings

Session: 2014/2015

Date: 11 November 2014

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

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Executive Committee Business

2.1 Second Stage – Food Hygiene Rating Bill (NIA Bill 41/11-16)

The Minister of Health, Social Services and Public Safety, Mr Jim Wells, moved the Second Stage of the Food Hygiene Rating Bill (NIA Bill 41/11-16).

Debate ensued.

The sitting was suspended at 10.55am to facilitate Members wishing to mark Armistice Day.

The sitting resumed at 11.05am, with the Deputy Speaker (Mr Beggs) in the Chair.

Debate resumed on the Bill.

The Food Hygiene Rating Bill (NIA Bill 41/11-16) passed Second Stage without division.

2.2 Consideration Stage – Work and Families Bill (NIA 34/11-15)

The Minister for Employment and Learning, Dr Stephen Farry, moved the Consideration Stage of the Work and Families Bill (NIA 34/11-15).

Six amendments were tabled to the Bill.

Clauses

The question being put, it was agreed without division that Clauses 1 to 4 stand part of the Bill.

Debate ensued.

After debate, Amendment 1 to Clause 5 was made without division.

After debate, Amendment 2 to Clause 5 was made without division.

After debate, Amendment 3 to Clause 5 was made without division.

After debate, Amendment 4 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.

The question being put, it was agreed without division that Clauses 6 to 20 stand part of the Bill.

After debate, Amendment 5 to Clause 21 was made without division.

The question being put, it was agreed without division that Clause 21, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 22 to 24 stand part of the Bill.

Schedules

After debate, Amendment 6 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.

The question being put, it was agreed without division that Schedule 2 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.

The Work and Families Bill (NIA 34/11-15) stood referred to the Speaker.

2.3 Further Consideration Stage – Education Bill (NIA 38/11-16)

The Minister of Education, Mr John O’Dowd, moved the Further Consideration Stage of the Education Bill (NIA 38/11-16).

Eighteen amendments were selected for debate.

Clauses

Debate ensued.

The sitting was suspended at 12.28pm.

The sitting resumed at 2.00pm, with the Principal Deputy Speaker in the Chair.

3. Question Time

3.1 Environment

Questions were put to, and answered by, the Minister of the Environment, Mr Mark 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 – Education Bill (NIA 38/11-16) (cont’d)

Debate resumed on the Bill.

The Deputy Speaker (Mr Dallat) took the Chair.

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

After debate, Amendment 1 to Clause 2 was made without division.

As Amendment 1 was made, Amendment 3 was not called.

After debate, Amendment 4 to Clause 2 was made without division.

The Deputy Speaker (Mr Beggs) took the Chair.

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

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

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

After debate, Amendment 8 to Clause 7 was made without division.

Schedules

After debate, Amendment 9 to Schedule 1 was made without division.

After debate, Amendment 10 to Schedule 1 was made without division.

After debate, Amendment 11 to Schedule 1 was made without division.

After debate, Amendment 12 to Schedule 1 was made without division.

After debate, Amendment 13 to Schedule 1 was not moved.

After debate, Amendment 14 to Schedule 1 was made without division.

After debate, Amendment 15 to Schedule 1 was made without division.

After debate, Amendment 16 to Schedule 1 was not moved.

After debate, Amendment 17 to Schedule 1 was made without division.

Long Title

After debate, Amendment 18 to the Long Title was made without division.

The Education Bill (NIA Bill 38/11-16) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

5. Adjournment

Ms Bronwyn McGahan spoke to her topic regarding the proposed closure of Loane House, Dungannon.

Proposed:

That the Assembly do now adjourn.

The Deputy Speaker

The Assembly adjourned at 6.56pm

Mr Mitchel McLaughlin MLA
Principal Deputy Speaker

11 November 2014

Northern Ireland Assembly

11 November 2014
Division

Further Consideration Stage – Education Bill (NIA 38/11-16) – Amendment 2

Proposed:

As an amendment to the amendment to Clause 2, page 1, line 12, tabled by the Minister of Education on 03/11/14, after "promote" insert "integrated and".

Mr T Lunn
Mr C Lyttle
Ms A Lo

The Question was put and the Assembly divided.

Ayes: 21
Noes: 76

AYES

Mr Agnew, Mr Attwood, Mr D Bradley, Mr Byrne, Mrs Cochrane, Mr Dickson, Mr Durkan, Mr Eastwood, Dr Farry, Mr Ford, Mrs D Kelly, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCarthy, Mr B McCrea, Dr McDonnell, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr Ramsey.

Tellers for the Ayes: Mr Dickson and Mr Lyttle.

NOES

Mr Allister, Mr Anderson, Mr Bell, Mr Boylan, Ms Boyle, Ms P Bradley, Mr Brady, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Craig, Mr Cree, Mr Maurice Devenney, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Kennedy, Mr Kinahan, Mr Lynch, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr I McCrea, Mr McElduff, Ms McGahan, Mr McGimpsey, Mr M McGuinness, 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 Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Spratt, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Mr Hazzard and Mr G Robinson.

The Amendment fell.

Work and Families Bill

Marshalled List of Amendments

Consideration Stage

Tuesday 11 November 2014 [Annotated]

Amendments tabled up to 9.30am Thursday, 6 November 2014 and selected for debate

Amendment 1 [Made without division]

Clause 5, Page 16

Leave out lines 6 and 7

Minister for Employment and Learning

Amendment 2 [Made without division]

Clause 5, Page 17

Leave out lines 22 and 23

Minister for Employment and Learning

Amendment 3 [Made without division]

Clause 5, Page 20

Leave out lines 43 and 44

Minister for Employment and Learning

Amendment 4 [Made without division]

Clause 5, Page 22

Leave out lines 13 and 14

Minister for Employment and Learning

Amendment 5 [Made without division]

Clause 21, Page 61, Line 31

Leave out ‘a statutory provision’ and insert ‘Northern Ireland legislation or an Act of Parliament’

Minister for Employment and Learning

Amendment 6 [Made without division]

Schedule 1, Page 73, Line 26

Leave out head (b) and insert -

‘(b) in paragraph (4), for ‘paragraph (5)’ substitute ‘paragraphs (5) and (5A)’,

(c) in paragraph (5), after sub-paragraph (b) insert⁠—

“(c) an order under Article 85ZS(6) or 107AB(4);”,

(d) after paragraph (5), insert⁠—

“(5A) An order under Article 85ZS(6) or 107AB(4) shall not be made unless a draft has been laid before, and approved by a resolution of, the Assembly.”’

Minister for Employment and Learning

Education Bill

Marshalled List of Amendments [Annotated]

Further Consideration Stage

Tuesday, 11 November 2014

Amendments tabled up to 9.30am Thursday, 6 November 2014 and selected for debate

Amendment 1 [Made without division]

Clause 2, Page 1, Line 12

Leave out subsection (3) and insert -

‘(3) It is the duty of the Authority (so far as its powers extend) to encourage, facilitate and promote shared education.’

Minister of Education

Amendment 2 [Negatived on division]

As an amendment to the Amendment to Clause 2 , page 1, line 12, tabled by the Minister of Education on 03/11/14

‘After ‘promote’ insert ‘integrated and’

Mr Trevor Lunn
Mr Chris Lyttle
Ms Anna Lo

Amendment 3 [Not called]

Clause 2, Page 1, Line 13

After ‘promote’ insert ‘integrated and’

Mr Trevor Lunn
Mr Chris Lyttle
Ms Anna Lo

Amendment 4 [Made without division]

Clause 2, Page 1, Line 14

Leave out subsection (4) and insert -

‘(4) It is the duty of the Authority (so far as its powers extend) to encourage, facilitate and promote the community use of premises of grant-aided schools.’

Minister of Education

Amendment 5 [Made without division]

Clause 5, Page 2, Line 21

Leave out from ‘which amends’ to end of line 24 and insert ‘unless a draft of the order has been laid before, and approved by resolution of, the Assembly.’

Minister of Education

Amendment 6 [Made without division]

Clause 6, Page 2, Line 35

At end insert -

(2) Other words or expressions which are defined in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 have the same meaning in this Act as in that Order.

Minister of Education

Amendment 7 [Made without division]

Clause 7, Page 2, Line 39

At end insert -

‘(za) section 2(3);

Minister of Education

Amendment 8 [Made without division]

Clause 7, Page 3, Line 2

At end insert -

‘(c) paragraph 8(2) of Schedule 1.

Minister of Education

Amendment 9 [Made without division]

Schedule 1, Page 3, Line 24

Leave out ‘11’ and insert ‘12’

Mr Chris Hazzard
Ms Maeve McLaughlin
Mr Pat Sheehan

Amendment 10 [Made without division]

Schedule 1, Page 3, Line 30

Leave out ‘3’ and insert ‘4’

Mr Chris Hazzard
Ms Maeve McLaughlin
Mr Pat Sheehan

Amendment 11 [Made without division]

Schedule 1, Page 3, Line 34

Leave out sub-head (iii) and insert -

‘(iii) 1 shall be a person appearing to the Department to represent the interests of integrated schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(iv) 1 shall be a person appearing to the Department to represent the interests of voluntary grammar schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(v) 1 shall be a person appearing to the Department to represent the interests of controlled grammar schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests; and

(vi) 1 shall be a person appearing to the Department to represent the interests of Irish Medium schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests.

Miss Michelle McIlveen
Mr Trevor Lunn
Mr Danny Kinahan
Mr John McCallister
Mr Steven Agnew [R]

Amendment 12 [Made without division]

Schedule 1, Page 6, Line 37

Leave out from ‘will’ to end of line 38 and insert ‘shall appoint a standing committee to exercise the functions of the Authority under section 2(3).’

Minister of Education

Amendment 13 [Not moved]

Schedule 1, Page 6, Line 38

At end insert -

(2A) The membership of the standing committee referred to in sub-paragraph (2) shall, as far as practicable, be representative of the different school sectors of the Education system.

Mr John McCallister

Amendment 14 [Made without division]

Schedule 1, Page 6, Line 38

At end insert -

(2A) The membership of the standing committee referred to in sub-paragraph (2) shall, as far as practicable, be representative of the membership of the Authority.

Mr John McCallister

Amendment 15 [Made without division]

Schedule 1, Page 6, Line 39

Leave out from ‘will’ to end of line 40 and insert ‘shall appoint a standing committee to exercise the functions of the Authority under section 2(4).’

Minister of Education

Amendment 16 [Not moved]

Schedule 1, Page 6, Line 40

At end insert -

(3A) The membership of the standing committee referred to in sub-paragraph (3) shall, as far as practicable, be representative of the different school sectors of the Education system.

Mr John McCallister

Amendment 17 [Made without division]

Schedule 1, Page 6, Line 40

At end insert -

(3A) The membership of the standing committee referred to in sub-paragraph (3) shall, as far as practicable, be representative of the membership of the Authority.

Mr John McCallister

Amendment 18 [Made without division]

Long Title

After ‘Authority;’ insert ‘to confer power on the Department of Education to make grants to sectoral bodies;’

Minister of Education

Northern Ireland Assembly

Papers Presented to the Assembly on
11 November 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

Legislative Consent Memorandum Pension Schemes Bill (DOJ).

Legislative Consent Memorandum for the Serious Crime Bill (DOJ).

Serious and Organised Crime: An Inspection on how the Criminal Justice System deals with Serious and Organised Crime in Northern Ireland 2014 (DOJ).

5. Assembly Reports

6. Statutory Rules

S.R. 2014/274 The Attorney General’s Human Rights Guidance (Northern Ireland Courts and Tribunals Service – Support for Victims and Witnesses) Order (Northern Ireland) 2014 (AGNI).

7. Written Ministerial Statements

8. Consultation Documents

9. Departmental Publications

10. Agency Publications

11. Westminster Publications

12. Miscellaneous Publications

Northern Ireland Assembly Legislation:

Stages in Consideration of Public Bills

First Stage: Introduction of Bill.

Second Stage: General debate of the Bill with an opportunity for Members to vote on its general principles.

Committee Stage (Comm. Stage): Detailed investigation by a Committee which concludes with the publication of a report for consideration by the Assembly.

Consideration Stage (CS): Consideration by the Assembly of, and an opportunity for Members to vote on, the details of the Bill including amendments proposed to the Bill.

Further Consideration Stage (FCS): Consideration by the Assembly of, and an opportunity for Members to vote on, further amendments to the Bill.

Final Stage: Passing or rejecting of Bill by the Assembly, without further amendment.

Royal Assent.

Proceedings as at 12 November 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

24.06.14

 

 

 

 

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

18.06.14

16.09.14

30.09.14

13.10.14

 

Work and Families Bill

34/11-15

28.04.14

12.05.14

30.11.14

08.10.14

11.11.14

 

 

 

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

30.06.14

16.07.14

Justice Bill

37/11-15

16.06.14

24.06.14

27.03.15

 

 

 

 

 

Education Bill 38/11-16

06.10.14

14.10.14

/

/

21.10.14

11.11.14

 

 

Insolvency (Amendment) Bill 39/11-16

07.10.14

10.11.14

12.01.15

 

 

 

 

 

Off Street Parking Bill

40/11-16

13.10.14

21.10.14

09.12.14

 

 

 

 

 

Food Hygiene (Ratings) Bill

41/11-16

03.11.14

11.11.14

13.01.15

 

 

 

 

 

Pensions Bill

42/11-16

10.11.14

 

 

 

 

 

 

 

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

20.10.14

 

 

 

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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