Minutes of Proceedings

Members observed two minutes’ silence.

2.     Executive Committee Business

2.1   Motion The draft Local Government (Indemnities for Members and Officers) (Amendment) Order (Northern Ireland) 2014

Proposed:

That the draft Local Government (Indemnities for Members and Officers) (Amendment) Order (Northern Ireland) 2014 be approved.

Minister of the Environment

Debate ensued.

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

2.2  Second Stage – Off-street Parking (Functions of District Councils) Bill (NIA Bill 40/11-16)

The Minister for Regional Development, Mr Danny Kennedy, moved the Second Stage of the Off-street Parking (Functions of District Councils) Bill (NIA Bill 40/11-16). 

Debate ensued.

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

The Off-street Parking (Functions of District Councils) Bill (NIA Bill 40/11-16) passed Second Stage without division. 

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

A valid Petition of Concern was presented in relation to Amendments 1, 2, 5, 11 through to 15, 21 and 22 under Standing Order 28, on Monday 20^th October March 2014 (Appendix 1). 

The Minister of Education, moved the Consideration Stage of the Education Bill (NIA Bill 38/11-16).

22 amendments were tabled to the Bill.

Debate ensued.

Clause

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

The sitting was suspended at 12.34pm.

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

3.    Question Time

3.1   Regional Development

Questions were put to, and answered by, the Minister for Regional Development, Mr Danny Kennedy.

3.2   Social Development

Questions were put to, and answered by, the Minister for Social Development, Mr Mervyn Storey. 

4.     Executive Committee Business

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

Debate resumed on the Bill.

The Deputy Speaker (Mr Beggs) took the Chair

Clauses

After debate, Amendment 1 to Clause 2 was negatived on division on a cross-community vote (Division 1).

After debate, Amendment 2 to Clause 2 was negatived on division on a cross-community vote (Division 2).

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 negatived on division on a cross-community vote (Division 3).

The question being put, it was agreed without division that Clause 2, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 3 stand part of the Bill.

After debate, Amendment 6 inserting new Clause 3A was negatived without division.

After debate, Amendment 7 inserting new Clause 3B was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 8 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.

The question being put, it was agreed without division that Clauses 5 and 6 stand part of the Bill.

Schedules

The Deputy Speaker (Mr Dallat) took the Chair.

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

After debate, Amendment 10 to Schedule 1 was negatived on division (Division 4).

After debate, Amendment 11 to Schedule 1 was not moved.

After debate, Amendment 12 to Schedule 1 was negatived on division on a cross-community vote (Division 5).

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

After debate, Amendment 14 to Schedule 1 was not moved.

As Amendment 14 was not moved, Amendment 15 was not called.

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

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

After debate, Amendment 18 to Schedule 1 was made on division (Division 6).

The Deputy Speaker (Mr Beggs) took the Chair.

After debate, Amendment 19 to Schedule 1 was made without division.

After debate, Amendment 20 to Schedule 1 was made without division.

After debate, Amendment 21 to Schedule 1 was negatived on division on a cross-community vote (Division 7).

The question being put, it was agreed without division that Schedule 1 as amended stand part of the Bill.

After debate, Amendment 22 to Schedule 2 was negatived on division on a cross-community vote (Division 8).

The question being put, it was agreed without division that Schedule 2 stand part of the Bill.

The question being put, it was agreed without division that Schedule 3 and 4 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 38/11-15 stood referred to the Speaker.

5.    Adjournment

Proposed:

That the Assembly do now adjourn.

Deputy Speaker

The Assembly adjourned at 9.29pm  

Mr John Dallat MLA

Deputy Speaker

21 October 2014

Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a Petition of Concern, in accordance with Standing Order 28, on Monday 20 October 2014 in relation to Amendments 1, 2, 5, 11, 12, 13, 14, 15, 21, 22 proposed to the Education Bill (NIA Bill 38/11-16)

MR SYDNEY ANDERSON
MR JONATHAN BELL
MS PAULA BRADLEY
MR THOMAS BUCHANAN
MRS PAM CAMERON
MR GREGORY CAMPBELL
MR TREVOR CLARKE
MR JONATHAN CRAIG
MR SAMMY DOUGLAS
MR GORDON DUNNE
MR ALEX EASTON
MRS ARLENE FOSTER
MR PAUL FREW
MR PAUL GIRVAN
MR PAUL GIVAN
MRS BRENDA HALE
MR SIMON HAMILTON
MR DAVID HILDITCH
MR WILLIAM HUMPHREY
MR WILLIAM IRWIN
MR NELSON MCCAUSLAND
MR IAN MCCREA
MR DAVID MCILVEEN
MISS MICHELLE MCILVEEN
MR ADRIAN MCQUILLAN
THE LORD MORROW
MR STEPHEN MOUTRAY
MR ROBIN NEWTON
MR EDWIN POOTS
MR GEORGE ROBINSON
MR PETER ROBINSON
MR ALASTAIR ROSS
MR JIMMY SPRATT
MR MERVYN STOREY
MR PETER WEIR
MR JIM WELLS
MR SAMMY WILSON

Northern Ireland Assembly

21 October 2014
Division 1

Consideration Stage – Education Bill (NIA 38/11-16) – Amendment 1

Proposed:

In page 1, line 11, at end insert

"(2A) It shall be a duty of the Authority, when exercising its functions, to encourage, facilitate and promote integrated education.".

Mr T Lunn
Mr C Lyttle
Ms A Lo

The Question was put and the Assembly divided.

Ayes: 47
Noes: 46

AYES

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, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, 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 McCallister, Ms Sugden.

OTHER:

Mr Agnew, Dr Farry, Mr Ford, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCarthy.

Tellers for the Ayes: Mr Lyttle and Mr McCarthy.

NOES

UNIONIST:

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Cree, Mr Maurice Devenney, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, 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 Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir.

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

Total votes                               93                                           Total Ayes                              47         [50.5%]

Nationalist Vote                      38                                           Nationalist Ayes                    38         [100.0%%]

Unionist Votes                         48                                           Unionist Ayes                         2            [4.2%]

Other Votes                               7                                            Other Ayes                            7            [100.0%]

The Amendment fell on a cross-community vote.

Northern Ireland Assembly

21 October 2014
Division 2

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

Proposed:

In page 1, line 11, at end insert

"(2B) It shall be a duty of the Authority, when exercising its functions, to encourage, facilitate and promote Irish-medium education."

Mr T Lunn
Mr C Lyttle
Ms A Lo

The Question was put and the Assembly divided.

Ayes: 45
Noes: 47

AYES

NATIONALIST:

Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, 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, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, 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 McCallister.

OTHER:

Mr Agnew, Dr Farry, Mr Ford, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCarthy.

Tellers for the Ayes: Mr Lyttle and Mr McCarthy.

NOES

UNIONIST:

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Cree, Mr Maurice Devenney, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, 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 Ross, Mr Spratt, Mr Storey, Ms Sugden, Mr Swann, Mr Weir.

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

Total votes                               92                                           Total Ayes                              45         [48.9%]

Nationalist Vote                      37                                           Nationalist Ayes                    37         [100.0%%]

Unionist Votes                         48                                           Unionist Ayes                         1            [2.1%]

Other Votes                               7                                            Other Ayes                            7            [100.0%]

The Amendment fell on a cross-community vote.

Northern Ireland Assembly

21 October 2014
Division 3

Consideration Stage – Education Bill (NIA 38/11-16) – Amendment 5

Proposed:

In page 1, line 11, at end insert

"(2E) It shall be the duty of the Education Authority to encourage and facilitate the development of integrated education, that is to say the education together at school of Protestant and Roman Catholic pupils."

Mr S Agnew

The Question was put and the Assembly divided.

Ayes: 48
Noes: 47

AYES

NATIONALIST:

Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, 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, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, 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 McCallister.

OTHER:

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

Tellers for the Ayes: Mr Agnew and Mr Lunn.

NOES

UNIONIST:

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Cree, Mr Maurice Devenney, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, 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 Ross, Mr Spratt, Mr Storey, Ms Sugden, Mr Swann, Mr Weir.

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

Total votes                               95                                           Total Ayes                              48         [50.5%]

Nationalist Vote                      39                                           Nationalist Ayes                    39         [100.0%%]

Unionist Votes                         48                                           Unionist Ayes                         1            [2.1%]

Other Votes                               8                                            Other Ayes                            8            [100.0%]

The Amendment fell on a cross-community vote.

Northern Ireland Assembly

21 October 2014
Division 4

Consideration Stage – Education Bill (NIA 38/11-16) – Amendment 10

Proposed:

In page 3, line 17, leave out "8" and insert "10". 

Mr T Lunn
Mr C Lyttle
Ms A Lo

The Question was put and the Assembly divided.

Ayes: 32
Noes: 61

AYES

Mr Boylan, Ms Boyle, Mr Brady, Mr Dickson, Dr Farry, Ms Fearon, Mr Flanagan, Mr Ford, Mr Hazzard, 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 McElduff, Ms McGahan, Mr McKay, Ms Maeve McLaughlin, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Ms Lo and Mr McCarthy.

NOES

Mr Agnew, Mr Allister, Mr Anderson, Mr Attwood, Mr Bell, Mr D Bradley, Ms P Bradley, Mr Buchanan, Mr Byrne, Mrs Cameron, Mr Clarke, Mr Craig, Mr Cree, Mr Maurice Devenney, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Eastwood, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mrs D Kelly, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr I McCrea, Dr McDonnell, Mr McGimpsey, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr McKinney, Mr McQuillan, Mr A Maginness, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr P Ramsey, Mr G Robinson, Mr Rogers, Mr Ross, Mr Spratt, Mr Storey, Ms Sugden, Mr Swann, Mr Weir.

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

The Amendment fell.

Northern Ireland Assembly

21 October 2014
Division 5

Consideration Stage – Education Bill (NIA 38/11-16) – Amendment 12

Proposed:

In schedule 1, page 3, line 19, leave out (c) and insert

"(c) 13 persons appointed by the Department ("appointed members”) of whom⁠—

(i) 4 shall be persons appearing to the Department to represent the interests of transferors of controlled schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(ii) 3 shall be persons appearing to the Department to represent the interests of trustees of maintained schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(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 Irish-medium schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests; and

(v) 4 shall be persons appearing to the Department, so far as practicable, to be representative of the community in Northern Ireland.".

Mr C Hazzard
Mr P Sheehan
Ms M McLaughlin

The Question was put and the Assembly divided.

Ayes: 27
Noes: 47

AYES

NATIONALIST:

Mr Boylan, 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 McKay, Ms Maeve McLaughlin, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Ms Ruane, Mr Sheehan.

UNIONIST:

Mr McCallister.

OTHER:

Mr Agnew.

Tellers for the Ayes: Mr Hazzard and Mr Sheehan.

NOES

UNIONIST:

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Cree, Mr Maurice Devenney, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, 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 Ross, Mr Spratt, Mr Storey, Ms Sugden, Mr Swann, Mr Weir.

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

Total votes                               74                                           Total Ayes                              27         [36.5%]

Nationalist Vote                      25                                           Nationalist Ayes                    25         [100.0%%]

Unionist Votes                         48                                           Unionist Ayes                         1            [2.1%]

Other Votes                               1                                            Other Ayes                            1            [100.0%]

The Amendment fell on a cross-community vote.

Northern Ireland Assembly

21 October 2014
Division 6

Consideration Stage – Education Bill (NIA 38/11-16) – Amendment 18 

Proposed:

In schedule 1, page 6, line 9, leave out sub-paragraphs (2) to (5) and insert

"(2) An interim chief executive of the Authority shall be appointed by the Department.

(3) Within one year of the date of the first meeting of the Authority, the Authority shall commence a process to appoint a permanent chief executive.

(4) Every subsequent chief executive shall be appointed by the Authority.

(5) The Authority shall not appoint a person as chief executive unless the Department approves the appointment.

(6) A person shall, so long as that person is, and for 12 months after ceasing to be, a member of the Authority, be disqualified for being an officer of the Authority."

Miss M McIlveen
Mr N McCausland

The Question was put and the Assembly divided.

Ayes: 59
Noes: 33

AYES

Mr Anderson, Mr Attwood, Mr Bell, Mr D Bradley, Ms P Bradley, Mr Buchanan, Mr Byrne, Mrs Cameron, Mr Clarke, Mr Craig, Mr Cree, Mr Maurice Devenney, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Eastwood, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mrs D Kelly, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr I McCrea, Dr McDonnell, Mr McGimpsey, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr McKinney, Mr McQuillan, Mr A Maginness, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr P Ramsey, Mr G Robinson, Mr Rogers, Mr Ross, Mr Spratt, Mr Storey, Ms Sugden, Mr Swann, Mr Weir.

Tellers for the Ayes: Mr McQuillan and Mr Poots.

NOES

Mr Agnew, Mr Boylan, Ms Boyle, Mr Brady, Mr Dickson, Dr Farry, Ms Fearon, Mr Flanagan, Mr Ford, Mr Hazzard, 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 McElduff, Ms McGahan, Mr McKay, Ms Maeve McLaughlin, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Hazzard and Mr Sheehan.

The Amendment was made.

Northern Ireland Assembly

21 October 2014
Division 7

Consideration Stage – Education Bill (NIA 38/11-16) – Amendment 21

Proposed:

Schedule 1, Page 9, Line 10

At end insert -

‘Pay Policy statements

17A. The Education Authority must prepare a pay policy statement for the financial year 2015-16 and each subsequent financial year.

17B.—(1) A pay policy statement for a financial year must set out the Authority’s policies for the financial year relating to⁠—

(a)           the remuneration of its chief officers,

(b)           the remuneration of its lowest-paid employees, and

(c)            the relationship between⁠—

(i)            the remuneration of its chief officers,

(ii)           the remuneration of its employees who are not chief officers, and

(iii)          the remuneration of its lowest-paid employees.

(2) The statement must state⁠—

(a)           the definition of “lowest-paid employees” adopted by the Authority for the purposes of the statement, and

(b)           the Authority’s reasons for adopting that definition.

(3) The statement must include the Authority’s policies relating to⁠—

(a)           the level and elements of remuneration for each chief officer,

(b)           remuneration of chief officers on recruitment,

(c)            increases and additions to remuneration for each chief officer,

(d)           the use of performance-related pay for chief officers,

(e)           the use of bonuses for chief officers,

(f)            the approach to the payment of chief officers on their ceasing to hold office under or to be employed by the Authority, and

(g)           the publication of and access to information relating to remuneration of chief officers.

(4) A pay policy statement for a financial year may also set out the Authority’s policies for the financial year relating to the other terms and conditions applying to the Authority’s chief officers.

17C.—(1) A relevant Authority’s pay policy statement must be approved by the Authority before it comes into force.

(2) The first statement must be prepared and approved before the end of 31 March 2015.

(3) Each subsequent statement must be prepared and approved before the end of the 31 March immediately preceding the financial year to which it relates.

(4) The Authority may amend its pay policy statement (including after the beginning of the financial year to which it relates).

(5) As soon as is reasonably practicable after approving or amending a pay policy statement, the Authority must publish the statement or the amended statement in such manner as it thinks fit (which must include publication on the Authority’s website).

17D. The Authority must, in performing its functions (above), have regard to any guidance issued or approved by the Education Minister.

17E.—(1) This section applies to a determination that⁠—

(a)           is made by a relevant authority in a financial year beginning on or after 1 April 2015 and

(b)           relates to the remuneration of or other terms and conditions applying to a chief officer of the Authority.

(2) The relevant authority must comply with its pay policy statement for the financial year in making the determination.

(3) Any power to appoint officers and employees is subject to the requirement in subsection (2).’

Mr Steven Agnew

The Question was put and the Assembly divided.

Ayes: 25
Noes: 48

AYES

NATIONALIST:

Mr Attwood, Mr D Bradley, Mr Byrne, Mr Eastwood, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Dr McDonnell, Mr McGlone, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr A Maginness, Mr Maskey, Ms Ní Chuilín, Mr O'Dowd, Mr P Ramsey, Mr Rogers, Mr Sheehan.

UNIONIST:

Ms Sugden.

OTHER:

Mr Agnew.

Tellers for the Ayes: Mr Agnew and Mr McKinney.

NOES

UNIONIST:

Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Cree, Mr Maurice Devenney, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, 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 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.

OTHER:

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

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

Total votes                               73                                           Total Ayes                              25         [34.2%]

Nationalist Vote                      23                                           Nationalist Ayes                    23         [100.0%]

Unionist Votes                         43                                           Unionist Ayes                         1            [2.3%]

Other Votes                               7                                            Other Ayes                            1            [14.3%]

The Amendment fell on a cross-community vote.

Northern Ireland Assembly

21 October 2014
Division 8

Consideration Stage – Education Bill (NIA 38/11-16) – Amendment 22

Proposed:

Schedule 2, Page 10, Line 3

At end insert -

‘Living Wage Accredited Employer

    2A. The Education Authority must become a living wage accredited employer in accordance with the accreditation scheme administered by the Citizens UK Living Wage Foundation before the end of 31 March 2016.’

Mr Steven Agnew

The Question was put and the Assembly divided.

Ayes: 25
Noes: 48

AYES

NATIONALIST:

Mr Attwood, Mr D Bradley, Mr Byrne, Mr Eastwood, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Dr McDonnell, Mr McGlone, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr A Maginness, Mr Maskey, Ms Ní Chuilín, Mr O'Dowd, Mr P Ramsey, Mr Rogers, Mr Sheehan.

UNIONIST:

Ms Sugden.

OTHER:

Mr Agnew.

Tellers for the Ayes: Mr Agnew and Mr McKinney.

NOES

UNIONIST:

Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Cree, Mr Maurice Devenney, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, 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 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.

OTHER:

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

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

Total votes                               73                                           Total Ayes                              25         [34.2%]

Nationalist Vote                      23                                           Nationalist Ayes                    23         [100.0%]

Unionist Votes                         43                                           Unionist Ayes                         1            [2.3%]

Other Votes                               7                                            Other Ayes                            1            [14.3%]

The Amendment fell on a cross-community vote.

Education Bill

Marshalled List of Amendments

Consideration Stage

Tuesday, 21 October 2014

Amendments tabled up to 9.30 am Thursday, 16 October 2014 and selected for debate

Amendment 1 [Negatived on a cross community vote] 

Clause 2, Page 1, Line 11

At end insert -

‘(2A) It shall be a duty of the Authority, when exercising its functions, to encourage, facilitate and promote integrated education.’

Mr Trevor Lunn

Mr Chris Lyttle

Ms Anna Lo

Amendment 2 [Negatived on a cross community vote] 

Clause 2, Page 1, Line 11

At end insert -

‘(2B) It shall be a duty of the Authority, when exercising its functions, to encourage, facilitate and promote Irish-medium education.’

Mr Trevor Lunn

Mr Chris Lyttle

Ms Anna Lo

Amendment 3 [Made without division] 

Clause 2, Page 1, Line 11

At end insert -

‘(2C) It shall be a duty of the Authority, when exercising its functions, to encourage, facilitate and promote shared education.’

Mr John McCallister

Amendment 4 [Made without division] 

Clause 2, Page 1, Line 11

At end insert -

‘(2D) It shall be a duty of the Authority, when exercising its functions, to encourage, facilitate and promote the community use of school premises.’

Mr John McCallister

Amendment 5 [Negatived on a cross community vote] 

Clause 2, Page 1, Line 11

At end insert -

‘(2E) It shall be the duty of the Education Authority to encourage and facilitate the development of integrated education, that is to say the education together at school of Protestant and Roman Catholic pupils.’

Mr Steven Agnew

Amendment 6 [Negatived without division] 

New Clause

After clause 3 insert -

‘Grants to sectoral bodies

Grants to sectoral bodies

3A.   The Department may, subject to such conditions as it thinks fit, pay grants to any body which is recognised by the Department as representing the interests of grant-aided schools of a particular description.’

Minister of Education

Amendment 7 [Made without division] 

New Clause

After clause 3 insert -

‘Funding of Sectoral Bodies

3B. The Department may, subject to such conditions as it thinks fit, pay grants to any body which is recognised by the Department as representing the interests of controlled schools, or any body which is recognised by the Department as representing grant-aided schools of any other particular description.’

Miss Michelle McIlveen

Mr Nelson McCausland

Amendment 8 [Made without division] 

Clause 4, Page 2, Line 15

Leave out ‘negative resolution’ and insert ‘affirmative resolution’

Mr Danny Kinahan

Mrs Sandra Overend

Amendment 9 [Made without division] 

Schedule 1, Page 3, Line 16

After ‘Department’ insert ‘on the basis of merit through a fair and open public competition’

Mr Danny Kinahan

Mrs Sandra Overend

Amendment 10 [Negatived on division] 

Schedule 1, Page 3, Line 17

Leave out ‘8’ and insert ‘10’

Mr Trevor Lunn

Mr Chris Lyttle

Ms Anna Lo

Amendment 11 [Not moved] 

Schedule 1, Page 3, Line 19

Leave out (c) and insert -

     ‘(c)  11 persons appointed by the Department (“appointed members”) of whom —

(i)      3 shall be persons appearing to the Department to represent the interests of transferors of controlled schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(ii)     2 shall be persons appearing to the Department to represent the interests of trustees of maintained schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(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 Irish-medium 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 grammar schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests; and

(vi)    3 shall be persons appearing to the Department, so far as practicable, to be representative of the community in Northern Ireland.’

Mr Trevor Lunn

Mr Chris Lyttle

Ms Anna Lo

Amendment 12 [Negatived on a cross community vote] 

Schedule 1, Page 3, Line 19

Leave out (c) and insert -

     ‘(c)  13 persons appointed by the Department (“appointed members”) of whom —

(i)      4 shall be persons appearing to the Department to represent the interests of transferors of controlled schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(ii)     3 shall be persons appearing to the Department to represent the interests of trustees of maintained schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(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 Irish-medium schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests; and

(v)     4 shall be persons appearing to the Department, so far as practicable, to be representative of the community in Northern Ireland.’

Mr Chris Hazzard

Mr Pat Sheehan

Ms Maeve McLaughlin

Amendment 13 [Not moved] 

Schedule 1, Page 3, Line 19

Leave out (c) and insert -

     ‘(c)  12 persons appointed by the Department (“appointed members”) of whom⁠—

       (i)  4 shall be persons appearing to the Department to represent the interests of transferors of controlled schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

      (ii)  3 shall be persons appearing to the Department to represent the interests of trustees of maintained schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

     (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; and

     (iv)  4 shall be persons appearing to the Department, so far as practicable, to be representative of the community in Northern Ireland.’

Mr Steven Agnew

Amendment 14 [Not moved] 

Schedule 1, Page 3, Line 19

Leave out ‘11’ and insert ‘15’

Mr Seán Rogers

Mr Dominic Bradley

Amendment 15 [Not called] 

Schedule 1, Page 3, Line 30

At end insert -

‘(iv)   2 shall be persons 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 Irish-medium 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 integrated schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests.’

Mr Seán Rogers

Mr Dominic Bradley

Amendment 16 [Not moved] 

Schedule 1, Page 3, Line 30

At end insert -

     ‘(d)  No less than two of the persons so appointed under paragraph 2(c)(iii) shall be appointed by reason of their being teachers serving at the time of their appointment in grant-aided schools.’

Mr Danny Kinahan

Mrs Sandra Overend

Amendment 17 [Negatived without division] 

Schedule 1, Page 4, Line 41

At end insert -

‘(9A) A nominated person shall be for a specified period of not more than 8 years and on completion of this period the nominated person shall resign and the vacancy shall be filled by applying sub-paragraphs (3) to (8).

(9B) A nominated person who has resigned after completing the eight year period can be considered for nomination by a party nominating officer after a period of 4 years has passed since the date of their resignation.’

Mr John McCallister

Amendment 18 [Made on division] 

Schedule 1, Page 6, Line 9

Leave out sub-paragraphs (2) to (5) and insert -

‘(2) An interim chief executive of the Authority shall be appointed by the Department.

(3) Within one year of the date of the first meeting of the Authority, the Authority shall commence a process to appoint a permanent chief executive.

(4) Every subsequent chief executive shall be appointed by the Authority.

(5) The Authority shall not appoint a  person as  chief executive unless the Department approves the appointment.

(6) A person shall, so long as that person is, and for 12 months after ceasing to be, a member of the Authority, be disqualified for being an officer of the Authority.’

Miss Michelle McIlveen

Mr Nelson McCausland

Amendment 19 [Made without division] 

Schedule 1, Page 6, Line 34

At end insert -

‘(1A) The Authority will appoint a standing committee to encourage, facilitate and promote shared education. ’

Mr John McCallister

Amendment 20 [Made without division] 

Schedule 1, Page 6, Line 34

At end insert -

‘(1B) The Authority will appoint a standing committee to encourage, facilitate and promote the community use of school premises. ’

Mr John McCallister

Amendment 21 [Negatived on a cross community vote] 

Schedule 1, Page 9, Line 10

At end insert -

‘Pay Policy statements

               17A. The Education Authority must prepare a pay policy statement for the financial year 2015-16 and each subsequent financial year.

17B.—(1) A pay policy statement for a financial year must set out the Authority’s policies for the financial year relating to —

      (a)  the remuneration of its chief officers,

      (b)  the remuneration of its lowest-paid employees, and

      (c)  the relationship between —

(i)      the remuneration of its chief officers,

(ii)     the remuneration of its employees who are not chief officers, and

(iii)    the remuneration of its lowest-paid employees.

(2) The statement must state —

      (a)  the definition of “lowest-paid employees” adopted by the Authority for the purposes of the statement, and

      (b)  the Authority’s reasons for adopting that definition.

(3) The statement must include the Authority’s policies relating to⁠—

      (a)  the level and elements of remuneration for each chief officer,

      (b)  remuneration of chief officers on recruitment,

      (c)  increases and additions to remuneration for each chief officer,

      (d)  the use of performance-related pay for chief officers,

      (e)  the use of bonuses for chief officers,

       (f)  the approach to the payment of chief officers on their ceasing to hold office under or to be employed by the Authority, and

      (g)  the publication of and access to information relating to remuneration of chief officers.

(4) A pay policy statement for a financial year may also set out the Authority’s policies for the financial year relating to the other terms and conditions applying to the Authority’s chief officers.

17C.—(1) A relevant Authority’s pay policy statement must be approved by the Authority before it comes into force.

(2) The first statement must be prepared and approved before the end of 31 March 2015.

(3) Each subsequent statement must be prepared and approved before the end of the 31 March immediately preceding the financial year to which it relates.

(4) The Authority may amend its pay policy statement (including after the beginning of the financial year to which it relates).

(5) As soon as is reasonably practicable after approving or amending a pay policy statement, the Authority must publish the statement or the amended statement in such manner as it thinks fit (which must include publication on the Authority’s website).

               17D. The Authority must, in performing its functions (above), have regard to any guidance issued or approved by the Education Minister.

17E.—(1) This section applies to a determination that —

      (a)  is made by a relevant authority in a financial year beginning on or after 1 April 2015 and

      (b)  relates to the remuneration of or other terms and conditions applying to a chief officer of the Authority.

(2) The relevant authority must comply with its pay policy statement for the financial year in making the determination.

(3) Any power to appoint officers and employees is subject to the requirement in subsection (2).’

Mr Steven Agnew

Amendment 22 [Negatived on a cross community vote] 

Schedule 2, Page 10, Line 3

At end insert -

‘Living Wage Accredited Employer

               2A. The Education Authority must become a living wage accredited employer in accordance with the accreditation scheme administered by the Citizens UK Living Wage Foundation before the end of 31 March 2016.’

Mr Steven Agnew

Northern Ireland Assembly

Papers Presented to the Assembly on
21 October 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

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 22 October 2014

2011-2015 Mandate
Executive Bills

2011-2015 Mandate
Non-Executive Bills

/ Bill progressing by accelerated passage

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