Minutes of Proceedings

Session: 2014/2015

Date: 24 February 2015

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

1.    Personal Prayer or Meditation

Members observed two minutes’ silence.

2.    Executive Committee Business

2.1       Motion – The draft Local Government (Standing Orders) Regulations (Northern Ireland) 2015

A valid Petition of Concern was presented in relation to the motion, under Standing Order 28, on Monday 23rd February 2015 (Appendix 1).

Proposed:

That the draft Local Government (Standing Orders) Regulations (Northern Ireland) 2015 be approved.

Minister of the Environment

Debate ensued.

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

2.2       Further Consideration Stage – Welfare Reform Bill (NIA Bill 13/11-15)

The Minister for Social Development, Mr Mervyn Storey, moved the Further Consideration Stage of the Welfare Reform Bill (NIA Bill 13/11-15).

27 amendments were selected for debate.

Debate ensued.

The sitting was suspended at 12.29pm.

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

3.    Question Time

3.1  Agriculture and Rural Development.

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

3.2  Culture, Arts and Leisure

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

The Speaker took the Chair.

4.    Executive Committee Business (cont’d)

4.1  Further Consideration Stage – Welfare Reform Bill (NIA Bill 13/11-15) (cont’d)

Debate resumed.

The Deputy Speaker (Mr Dallat) took the Chair.

The Speaker took the Chair.

The sitting was suspended at 7.31pm and resumed at 7.46pm with the Deputy Speaker (Mr Dallat) in the Chair.

Clauses

After debate, Amendment 1 to Clause 10 was negatived on division (Division 2).

After debate, Amendment 2 to Clause 26 was not moved.

After debate, Amendment 3 to Clause 27 was not moved.

After debate, Amendment 4 to Clause 30 was not moved.

The Speaker took the Chair.

After debate, Amendment 5 to Clause 44 was negatived without division.

After debate, Amendment 6 to Clause 44 was not moved.

As Amendment 5 was not made and Amendment 6 was not moved, Amendment 7 was not called.

After debate, Amendment 8 to Clause 47 was not moved.

After debate, Amendment 9 to Clause 47 was not moved.

After debate, Amendment 10 to Clause 47 was not moved.

After debate, Amendment 11 to Clause 70 was negatived on division (Division 3).

After debate, Amendment 12 to Clause 78 was made without division.

After debate, Amendment 13 to Clause 81 was made without division.

After debate, Amendment 14 to Clause 81 was made without division.

After debate, Amendment 15 to Clause 89 was negatived on division (Division 4).

After debate, Amendment 16 inserting new Clause 103A was not moved.

After debate, Amendment 17 inserting new Clause 120A was negatived on division (Division 5).

After debate, Amendment 18 to Clause 121 was made without division.

After debate, Amendment 19 inserting new Clause 121A was negatived on division (Division 6).

After debate, Amendment 20 to Clause 130 was made without division.

After debate, Amendment 21 to Clause 131 was negatived without division.

After debate, Amendment 22 inserting new Clause 132A was made without division.

After debate, Amendment 23 inserting new Clause 132B was made without division.

After debate, Amendment 24 inserting new Clause 132C was made without division.

After debate, Amendment 25 inserting new Clause 132D was not moved.

After debate, Amendment 26 to Clause 135 was made without division.

Schedules

After debate, Amendment 27 to Schedule 1 was not moved.

NIA Bill 13/11-15 stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

4.2       Final Stage – Budget Bill (NIA 45/11-16)

The Minister of Finance and Personnel, Mr Simon Hamilton, moved that the Final Stage of the Budget Bill (NIA 45/11-16) do now pass.

Debate ensued.

The Deputy Speaker (Mr Beggs) took the Chair.

The Budget Bill (NIA 45/11-16) passed Final Stage (Division 7).

5.    Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 12.50am.

Mr Mitchel McLaughlin MLA
Speaker

24 February 2015

Appendix 1

Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a Petition of Concern, in accordance with Standing Order 28, on Monday 23 February 2015, in relation to the draft Local Government (Standing Orders) Regulations (Northern Ireland) 2015.

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
MR MAURICE DEVENNEY

Northern Ireland Assembly

24 February 2015 
Division  1

Motion – The draft Local Government (Standing Orders) Regulations (Northern Ireland) 2015

Proposed:

That the draft Local Government (Standing Orders) Regulations (Northern Ireland) 2015 be approved.

Minister of the Environment

The Question was put and the Assembly divided.

Ayes: 58
Noes: 29

AYES

NATIONALIST:

Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Dallat, Mr Durkan, Mr Eastwood, Ms Fearon, Mr Flanagan, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Dr McDonnell, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McKinney, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mr Ramsey, Ms Ruane, Mr Sheehan.

UNIONIST:

Mr Beggs, Mr Cree, Mrs Dobson, Mr Elliott, Mr Gardiner, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr B McCrea, Mr Nesbitt, Mrs Overend, Ms Sugden, Mr Swann.

OTHER:

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

Tellers for the Ayes: Mr Eastwood, Mr A Maginness.

NOES

UNIONIST:

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Craig, Mr Devenney, Mr Dunne, Mr Easton, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Humphrey, Mr Irwin, Mr McCausland, Mr D McIlveen, Miss M McIlveen, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir.

Tellers for the Noes: Mr Anderson, Mr G Robinson.

Total votes                               87                                           Total Ayes                            58           [66.7%]

Nationalist Vote                      37                                           Nationalist Ayes                  37           [100%]

Unionist Votes                         42                                           Unionist Ayes                       13           [31.0%]

Other Votes                               8                                            Other Ayes                            8            [100%]

The Motion was negatived on a cross-community vote.

Northern Ireland Assembly

24 February 2015 
Division 2

Further Consideration Stage – Welfare Reform Bill (NIA Bill 13/11-15) – Amendment 1

Proposed:

Clause 10, Page 4, Line 38

At end insert -

‘(3A) Where an additional amount under subsection (2) can be awarded at two different rates, the lower rate shall be no less than two thirds of the higher rate.’

Mr S Agnew

The Question was put and the Assembly divided.

Ayes: 13
Noes: 71

AYES

Mr Agnew, Mr Attwood, Mr D Bradley, Mr Byrne, Mr Eastwood, Mrs D Kelly, Dr McDonnell, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness, Mr Ramsey, Mr Rogers.

Tellers for the Ayes: Mr Agnew, Mr A Maginness.

NOES

Mr Anderson, Mr Beggs, Mr Bell, Mr Boylan, Ms Boyle, Ms P Bradley, Mr Brady, Mr Buchanan, Mrs Cameron, Mrs Cochrane, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Dr Farry, Ms Fearon, Mr Flanagan, Mr Ford, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hazzard, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Kinahan, Mr Lunn, Mr Lynch, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr B McCrea, Mr I McCrea, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr D McIlveen, Miss M McIlveen, Mr McKay, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Milne, Mr Moutray, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Ms Ruane, Mr Spratt, Mr Storey, Mr Swann, Mr Weir.

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

The amendment fell.

Northern Ireland Assembly

24 February 2015 
Division 3

Further Consideration Stage – Welfare Reform Bill (NIA Bill 13/11-15) – Amendment 11

Proposed:

Clause 70, Page 56, Line 32

At end insert -

(6) Regulations may not provide for the reduction of an existing award where a claimant declines the offer of suitable alternative accommodation.

Mrs D Kelly
Mr A Attwood
Mr A Maginness
Mr P Ramsey

The Question was put and the Assembly divided.

Ayes: 12
Noes: 69

AYES

Mr Agnew, Mr Attwood, Mr D Bradley, Mr Eastwood, Mrs D Kelly, Dr McDonnell, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness, Mr Ramsey, Mr Rogers.

Tellers for the Ayes: Mr McGlone, Mrs McKevitt.


NOES
Mr Anderson, Mr Beggs, Mr Bell, Mr Boylan, Ms Boyle, Ms P Bradley, Mr Brady, Mr Buchanan, Mrs Cameron, Mrs Cochrane, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Dr Farry, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hazzard, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Kinahan, Mr Lynch, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr B McCrea, Mr I McCrea, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr D McIlveen, Miss M McIlveen, Mr McKay, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Milne, Mr Moutray, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Ms Ruane, Mr Spratt, Mr Storey, Mr Swann, Mr Weir.

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

The amendment fell.

Northern Ireland Assembly

24 February 2015 
Division 4

Further Consideration Stage – Welfare Reform Bill (NIA Bill 13/11-15) – Amendment 15

Proposed:

Clause 89, Page 64, Line 24

At end insert -

(3A) A person entitled to personal independence payment shall receive the award no later than 16 weeks after the date on which a claim for it is made or treated as made.

Mr S Agnew

The Question was put and the Assembly divided.

Ayes: 12
Noes: 69

AYES

Mr Agnew, Mr Attwood, Mr D Bradley, Mr Eastwood, Mrs D Kelly, Dr McDonnell, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness, Mr Ramsey, Mr Rogers.

Tellers for the Ayes: Mr Agnew, Mr A Maginness.

NOES
Mr Anderson, Mr Beggs, Mr Bell, Mr Boylan, Ms Boyle, Ms P Bradley, Mr Brady, Mr Buchanan, Mrs Cameron, Mrs Cochrane, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Dr Farry, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hazzard, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Kinahan, Mr Lynch, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr B McCrea, Mr I McCrea, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr D McIlveen, Miss M McIlveen, Mr McKay, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Milne, Mr Moutray, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Ms Ruane, Mr Spratt, Mr Storey, Mr Swann, Mr Weir.

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

The amendment fell.

Northern Ireland Assembly

24 February 2015 
Division 5

Further Consideration Stage – Welfare Reform Bill (NIA Bill 13/11-15) – Amendment 17

Proposed:

New Clause

After clause 120 insert -

Duty to ensure access to independent advice

120A.—(1) The Department shall ensure that any person making a claim under this Act shall be entitled to have access to independent confidential advice and assistance provided free of charge in relation to making a claim under this Act.

(2) For the purposes of subsection (1) the Department must bring forward guidance on the independent confidential advice and assistance which is to be developed in consultation with the Northern Ireland Advice Services Consortium, within 3 months of the commencement of this section.

Mrs D Kelly
Mr A Attwood
Mr S Agnew

The Question was put and the Assembly divided.

Ayes: 21
Noes: 59

AYES

Mr Agnew, Mr Attwood, Mr Beggs, Mr D Bradley, Mr Cree, Mrs Dobson, Mr Eastwood, Mr Elliott, Mr Gardiner, Mrs D Kelly, Mr Kinahan, Dr McDonnell, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness, Mr Nesbitt, Mrs Overend, Mr Ramsey, Mr Rogers, Mr Swann.

Tellers for the Ayes: Mr A Maginness, Mr McGlone.

NOES
Mr Anderson, Mr Bell, Mr Boylan, Ms Boyle, Ms P Bradley, Mr Brady, Mr Buchanan, Mrs Cameron, Mrs Cochrane, Mr Craig, Mr Dickson, Mr Douglas, Mr Dunne, Mr Easton, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hazzard, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Lynch, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr B McCrea, Mr I McCrea, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr D McIlveen, Miss M McIlveen, Mr McKay, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Milne, Mr Moutray, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Ms Ruane, Mr Spratt, Mr Storey, Mr Weir.

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

The amendment fell.

Northern Ireland Assembly

24 February 2015 
Division 6

Further Consideration Stage – Welfare Reform Bill (NIA Bill 13/11-15) – Amendment 19

Proposed:

New Clause

After clause 121 insert -

Duty to report on operation of this Act

121A.—(1) The Department must, not later than 3 years after this Act receives Royal Assent, publish an independent report on the operation of this Act.

(2) The Department must lay the report before the Assembly.

Mr S Agnew

The Question was put and the Assembly divided.

Ayes: 12
Noes: 69

AYES

Mr Agnew, Mr Attwood, Mr D Bradley, Mr Eastwood, Mrs D Kelly, Dr McDonnell, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness, Mr Ramsey, Mr Rogers.

Tellers for the Ayes: Mr Agnew, Mr A Maginness.


NOES
Mr Anderson, Mr Beggs, Mr Bell, Mr Boylan, Ms Boyle, Ms P Bradley, Mr Brady, Mr Buchanan, Mrs Cameron, Mrs Cochrane, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Dr Farry, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hazzard, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Kinahan, Mr Lynch, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr B McCrea, Mr I McCrea, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr D McIlveen, Miss M McIlveen, Mr McKay, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Milne, Mr Moutray, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Ms Ruane, Mr Spratt, Mr Storey, Mr Swann, Mr Weir.

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

The amendment fell.

Northern Ireland Assembly

24 February 2015 
Division  7

Final Stage – Budget Bill (NIA 45/11-16)

The Question was put and the Assembly divided.

Ayes: 58
Noes: 21

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 M McGuinness, Mr McKay, Mr McMullan, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Ms Ruane

UNIONIST:

Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Humphrey, Mr Irwin, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Mr Moutray, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir

OTHER:

Mr Dickson, Dr Farry

Tellers for the Ayes: Mr McQuillan, Mr G Robinson

NOES

NATIONALIST:

Mr Attwood, Mr D Bradley, Mr Eastwood, Mrs D Kelly, Dr McDonnell, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness, Mr Ramsey, Mr Rogers

UNIONMr Cree, Mrs Dobson, Mr Elliott, Mr Gardiner, Mr Kinahan, Mr McCallister, Mr Nesbitt, Mrs Overend, Mr Swann

OTHER:

Mr Agnew

Tellers for the Noes: Mr D Bradley, Mr McKinney

Total votes                               79                                           Total Ayes                            58           [73.4%]

Nationalist Vote                      37                                           Nationalist Ayes                  26           [70.3%]

Unionist Votes                         39                                           Unionist Ayes                       30           [76.9%]

Other Votes                               3                                            Other Ayes                            2            [66.7%]

The Motion was carried on a cross-community vote.

Welfare Reform Bill

Annotated Marshalled List of Amendments

Further Consideration Stage

Tuesday, 24 February 2015

Amendments tabled up to 9.30 am Thursday, 19 February 2015 and selected for debate

Amendment 1 [Negatived on division]

Clause 10, Page 4, Line 38

At end insert -

‘(3A) Where an additional amount under subsection (2) can be awarded at two different rates, the lower rate shall be no less than two thirds of the higher rate.’

Amendment 2[Not moved]

Clause 26, Page 13, Line 14

At end insert -

‘(c)  the production of explanatory documentation on sanctions to be given to the claimant prior to the imposition of a sanction.

Mrs Dolores Kelly

Mr Alex Attwood

Mr Alban Maginness

Mr Pat Ramsey

Amendment 3 [Not moved]

Clause 27, Page 13, Line 36

At end insert -

     ‘(c)  the production of explanatory documentation on sanctions to be given to the claimant prior to the imposition of a sanction.

Mrs Dolores Kelly

Mr Alex Attwood

Mr Alban Maginness

Amendment 4 [Not moved]

Clause 30, Page 15, Line 20

At end insert -

( ) An authorised person under this section is a person exercising a function or functions of a public nature.

( ) Section 6 of the Human Rights Act 1998 shall apply to an authorised person as defined under this section.

Mrs Dolores Kelly

Mr Alex Attwood

Mr Alban Maginness

Amendment 5 [Negatived without division]

Clause 44, Page 21, Line 17

Leave out sub-paragraphs (iv) to (vi)

Amendment 6 [Not moved]

Clause 44, Page 21, Line 22

Leave out sub-paragraphs (ix) to (xi)

Amendment 7 [Not called]

Clause 44, Page 21, Line 29

At end insert -

(3A) Regulations to which this subsection applies shall not be made unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.

(3B) Subsection (3A) applies to regulations under any of the following alone or with other regulations⁠—

      (a)  section 9(2) and (3) (standard allowance);

      (b)  section 10(3) and (4) (children and young persons element);

      (c)  section 11 (housing costs element);

      (d)  section 19(2)(d) (claimants subject to no work-related requirements);

      (e)  sections 26 and 27 (sanctions);

       (f)  section 28 (hardship payments).

Amendment 8 [Not moved]

Clause 47, Page 25, Line 40

At end insert -

‘(c)  the production of explanatory documentation on sanctions to be given to the claimant prior to the imposition of a sanction.

Mrs Dolores Kelly

Mr Alex Attwood

Mr Alban Maginness

Amendment 9 [Not moved]

Clause 47, Page 26, Line 29

At end insert -

     ‘(c)  the production of explanatory documentation on sanctions to be given to the claimant prior to the imposition of a sanction.

Mrs Dolores Kelly

Mr Alex Attwood

Mr Alban Maginness

Amendment 10 [Not moved]

Clause 47, Page 28, Line 12

At end insert -

     ‘(c)  the production of explanatory documentation on sanctions to be given to the claimant prior to the imposition of a sanction.

Mrs Dolores Kelly

Mr Alex Attwood

Mr Alban Maginness

Amendment 11 [Negatived on division]

Clause 70, Page 56, Line 32

At end insert -

(6) Regulations may not provide for the reduction of an existing award where a claimant declines the offer of suitable alternative accommodation.

Mrs Dolores Kelly

Mr Alex Attwood

Mr Alban Maginness

Amendment 12 [Made without division]

Clause 78, Page 59, Line 6

Leave out ‘making personal independence payments’ and insert ‘personal independence payment’

Amendment 13 [Made without division]

Clause 81, Page 60, Line 32

Leave out subsection (3)

Amendment 14 [Made without division]

Clause 81, Page 60, Line 39

Leave out paragraph (c) and insert -

     ‘(c)  must provide for relevant medical evidence to be taken into account in assessing a person and may make provision about other matters which are, or are not, to be taken into account.

Amendment 15 [Negatived on division]

Clause 89, Page 64, Line 24

At end insert -

(3A) A person entitled to personal independence payment shall receive the award no later than 16 weeks after the date on which a claim for it is made or treated as made.

Amendment 16 [Not moved]

New Clause

After clause 103 insert -

Appeal in respect of sanction imposed under this Act

103A. After Article 15 of the Social Security (Northern Ireland) Order 1998 there is inserted⁠—

“Appeal in connection with sanctions

15A. Where the amount of an award of any social security benefit is to be reduced as a consequence of any failure by a claimant which is sanctionable under the Welfare Reform Act (Northern Ireland) 2015⁠—

      (a)  a claimant is entitled to an appeal hearing within four weeks of the notice of sanction being issued; and

      (b)  the amount of any relevant award shall not be reduced before the appeal is decided.”

Mrs Dolores Kelly

Mr Alex Attwood

Mr Alban Maginness

Amendment 17 [Negatived on division]

New Clause

After clause 120 insert -

Duty to ensure access to independent advice

120A.—(1) The Department shall ensure that any person making a claim under this Act shall be entitled to have access to independent confidential advice and assistance provided free of charge in relation to making a claim under this Act.

(2) For the purposes of subsection (1) the Department must bring forward guidance on the independent confidential advice and assistance which is to be developed in consultation with the Northern Ireland Advice Services Consortium, within 3 months of the commencement of this section.

Mrs Dolores Kelly

Mr Alex Attwood

Amendment 18 [Made without division]

Clause 121, Page 88, Line 26

Leave out ‘and’ and insert -

   ‘(aa)  the standards of advice and assistance provided under section 132B of the Welfare Reform Act (Northern Ireland) 2015; and

Amendment 19 [Negatived on division]

New Clause

After clause 121 insert -

Duty to report on operation of this Act

121A.—(1) The Department must, not later than 3 years after this Act receives Royal Assent, publish an independent report on the operation of this Act.

(2) The Department must lay the report before the Assembly.

Amendment 20 [Made without division]

Clause 130, Page 92, Line 26

After ‘housing benefit’ insert ‘or universal credit’

Minister for Social Development

Amendment 21 [Negatived without division]

Clause 131, Page 93, Line 39

At end insert -

  ‘(6A)  Regulations may not provide for the reduction of an existing award where a claimant declines the offer of alternative accommodation.

Mrs Dolores Kelly

Mr Alex Attwood

Mr Alban Maginness

Amendment 22 [Made without division]

New Clause

After clause 132 insert -

‘Payments to persons suffering financial disadvantage

Payments to persons suffering financial disadvantage

132A.—(1) The purpose of this section is to enable the Department to make payments to persons who suffer financial disadvantage as a result of the changes to social security benefits and tax credits contained in this Act and the Welfare Reform Act 2012.

(2) The Department may by regulations make provision for the purpose mentioned in subsection (1).

(3) Regulations under this section may in particular make provision⁠—

      (a)  for determining whether a person has suffered financial disadvantage as a result of the changes mentioned in subsection (1) and, if so, the amount of that disadvantage;

      (b)  for determining eligibility for payments, including provision for payments to be made only in prescribed circumstances or only to persons who meet prescribed conditions;

      (c)  for determining⁠—

       (i)  the amount of payments;

      (ii)  the period or periods for or in respect of which payments are to be made;

      (d)  for claims for payments to be made in prescribed cases and in the prescribed form and manner and for the procedures to be followed in dealing with and disposing of such claims;

      (e)  for payments to be made in prescribed cases without any claim being made;

       (f)  imposing conditions on persons claiming or receiving payments, including conditions requiring them to provide to the Department such information as may be prescribed;

      (g)  for payments to cease to be made in prescribed circumstances;

      (h)  for the disclosure of information relating to payments in prescribed circumstances or to prescribed persons;

       (i)  for the recovery of payments by the Department in prescribed circumstances;

       (j)  requiring or authorising reviews (whether by the Department or by prescribed persons) of decisions made by the Department with respect to the making or recovery of payments;

      (k)  imposing functions on a statutory body other than the Department in connection with the administration of the regulations;

       (l)  for such other matters as appear to the Department to be necessary or appropriate in connection with the making of payments including provision creating criminal offences and provision amending or applying (with or without modification) any statutory provision.

(4) Payments are not to be regarded as a social security benefit; but regulations under this section may provide for any statutory provision relating to a social security benefit (or to such benefits generally) to apply with prescribed modifications in relation to payments.

(5) The Department shall, in respect of each financial year in which payments are made, prepare and lay before the Assembly a report on the payments made in that year.

(6) No regulations shall be made under this section unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

(7) If regulations under this section impose functions on any statutory body other than the Department, the Department must consult that body before making the regulations.

(8) A power conferred by this section to make regulations includes power⁠—

      (a)  to make such incidental, supplementary, consequential or transitional provision as appears to the Department to be necessary or expedient for the purposes of those regulations;

      (b)  to provide for the Department to exercise a discretion in dealing with any matter.

(9) In this section⁠—

“prescribed” means prescribed by regulations under this section;

“payment” mean a payment under this section;

“statutory body” means a body established by or under a statutory provision.

Amendment 23 [Made without division]

New Clause

After clause 132 insert -

‘Duties of the Department

Duty to ensure availability of advice and assistance

132B. The Department must ensure that advice and assistance are made available free of charge to persons making a claim under this Act in connection with that claim.

Amendment 24 [Made without division]

New Clause

After clause 132 insert -

Duty to report on operation of this Act

132C.—(1) The Department must, not later than 3 years after this Act receives Royal Assent, publish a report on the operation of this Act.

(2) The Department must lay the report before the Assembly.

Minister for Social Development

Amendment 25 [Not moved]

New Clause

After clause 132 insert -

Review

132D. The Northern Ireland Joint Standards Committee for the Social Security Agency and Child Maintenance Service shall monitor the standards and quality of decision making with regard to the sanctions defined under this Act and report to the Social Security Agency and Child Maintenance Service on an annual basis.

Mrs Dolores Kelly

Mr Alex Attwood

Mr Alban Maginness

Amendment 26 [Made without division]

Clause 135, Page 95, Line 37

At end insert -

      ‘( )  section 132A (payments to persons suffering financial disadvantage);

       ( )  section 132B (duty to ensure availability of advice and assistance);

       ( )  section 132C (review of this Act);

Amendment 27 [Not moved]

Schedule 1, Page 99

Leave out lines 3 to 7

Mrs Dolores Kelly

Mr Alex Attwood

Mr Alban Maginness

Northern Ireland Assembly

Papers Presented to the Assembly on
24 February 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

5.    Assembly Reports

6.    Statutory Rules

S.R. 2014/322 The Justice (Northern Ireland) Act 2002 (Amendment of section 46 (1)) Order (Northern Ireland) 2014 (DOJ).

S.R. 2015/39 The Planning General Regulations (Northern Ireland) 2015 (DOE).

S.R. 2015/40 The Planning (Use Classes) Order (Northern Ireland) 2015 (DOE).

S.R. 2015/58 The Planning (Claims for Compensation) Regulations (Northern Ireland) 2015 (DOE).

S.R. 2015/61 The Planning (Hazardous Substances) Regulations (Northern Ireland) 2015 (DOE).

S.R. 2015/62 The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 (DOE).

S.R. 2015/63 The Planning (Statement of Community Involvement) Regulations (Northern Ireland) 2015 (DOE).

7.    Written Ministerial Statements

8.    Consultation Documents

9.    Departmental Publications

10. Agency Publications

11.  Westminster Publications

12. Miscellaneous Publications

Cross-border broadband initiative: the Bytel project (NIAO).

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 25 February 2015

2011-2016 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

10.02.15 & 11.02.15

 

24.02.15

 

 

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

17.11.14

Work and Families Bill

34/11-15

28.04.14

12.05.14

30.11.14

08.10.14

11.11.14

24.11.14

02.12.14

08.01.15

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

17.11.14

11.12.14

Insolvency (Amendment) Bill 39/11-16

07.10.14

10.11.14

13.03.15

 

 

 

 

 

Off Street Parking Bill

40/11-16

13.10.14

21.10.14

09.12.14

08.12.14

13.01.15

26.01.15

03.02.15

 

Food Hygiene (Ratings) Bill

41/11-16

03.11.14

11.11.14

08.05.15

 

 

 

 

 

Pensions Bill

42/11-16

10.11.14

18.11.14

26.03.15

 

 

 

 

 

Regeneration Bill

43/11-16

08.12.14

20.01.15

28.05.15

 

 

 

 

 

Budget Bill

45/11-16

09.02.15

16.02/15

/

/

17.02.15

23.02.15

24.02.15

 

2011-2016 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

01.12.14

09.12.14

13.01.15

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

09.12.13

17.02.15

 

15.04.15

 

 

 

 

 

 

 

 

 

 

Children’s Services Co-operation Bill 44/11-16

08.12.14

 

26.01.15

 

09.03.15

 

 

 

 

 

 

                   

 

/ 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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