Minutes of Proceedings

Members observed two minutes’ silence.

2.    Executive Committee Business

2.1  Statement – Quality of Care in Northern Ireland

The Minister of Health, Social Services and Public Safety, Mr Jim Wells, made a statement regarding the Quality of Care in Northern Ireland, following which he replied to questions.

The Deputy Speaker (Mr Dallat) took the Chair.

2.2  Motion – The draft Planning (2011 Act) (Commencement No.2) Order (Northern Ireland) 2015

Proposed:

That the draft Planning (2011 Act) (Commencement No.2) Order (Northern Ireland) 2015 be approved.

Minister of the Environment

Debate ensued.

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

2.3  Motion – 2015-16 Budget   

Proposed:

This this Assembly approves the programme of expenditure proposals for 2015-16 as set out in the Budget laid before the Assembly on 19 January 2015.

Minister of Finance and Personnel

2.4  Amendment 1        

Proposed:

Leave out all after the first ‘Assembly’ and insert:

‘notes the lack of transparency contained in the programme of expenditure proposals for 2015-16; believes that the failure of many Departments to produce draft spending and saving plans weakened and invalidated the process; notes with perplexity how the tens of thousands of consultation responses could have been analysed between the close of the consultation period on the 29 December 2014 and the Executive final decision only two weeks later; notes that the proposals were created in a vacuum of strategic direction and have not been based on a revised Programme for Government; and calls on the Minister of Finance and Personnel to modify the proposals, as set out in the Budget laid before the Assembly on 19 January 2015, including (i) removing the £26m DEL allocated for the Social Investment Fund, in light of its inability to spend the budget it had been allocated between 2011-2015; (ii) removing the reference to the relocation of the Department of Agriculture and Rural Development headquarters to Ballykelly, as the project should not continue until a full business case is produced and value for money has been demonstrated - and changing its budget allocation accordingly; (iii) allocating £5m Resource DEL to the Department of Health, Social Services and Public Safety to partially alleviate the pressures on the Health and Social Care Trusts; (iv) allocating £3m Resource DEL to the Department for Regional Development to partially assist with funding Northern Ireland Water to the PC15 final determination; (v) allocating £1.5m Resource DEL to the Department of Culture, Arts and Leisure to partially alleviate the reductions to the arts and Northern Ireland museums; (vi) allocating £1.5m Resource DEL to the Department of Health, Social Services and Public Safety to partially alleviate the reduction to the Fire and Rescue Service; (vii) allocating £15m Capital DEL to the Department for Regional Development to partially alleviate the pressures on Transport NI and to assist with funding Northern Ireland Water to the PC15 final determination.’

Mr M Nesbitt
Mr L Cree
Mr R Swann

2.5   Amendment 2        

Proposed:

At end insert:

‘; notes with caution the flexibility to use £200 million borrowing for a voluntary exit scheme; and calls on the Executive to improve on its record of public sector reform by ensuring that the voluntary exit scheme forms part of a published strategic plan which outlines measures to improve the efficiency of the civil service and the wider public sector and generate reductions in administrative costs.’

Mr J McCallister

Debate ensued.

The sitting was suspended at 12.26pm.

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

3.    Question Time

3.1   Justice

Questions were put to, and answered by, the Minister of Justice, Mr David Ford.

3.2   Regional Development

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

4.    Executive Committee Business (cont’d)

4.1   Motion – 2015-16 Budget

The Deputy Speaker (Mr Beggs) took the Chair.

Debate resumed.

The Speaker took the Chair.

The Question being put, Amendment 1 fell (Division 1).

The Question being put, Amendment 2 fell.

The Question being put, the motion was carried on a cross-community vote (Division 2).

5.   Private Members’ Business

5.1   Motion – Abuse Against Older People

Proposed:

This Assembly notes with concern the worrying increase in the number of allegations of abuse against older people in care homes, from 1,715 in 2011/12 to 3,023 in 2013/14; and calls on the Minister of Health, Social Services and Public Safety, in conjunction with Executive colleagues, to introduce legislation to define clearly abuse and protect and safeguard our older population.

Ms M McLaughlin
Mr M Brady
Ms R McCorley

Debate ensued.

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

The Deputy Speaker (Mr Beggs) took the Chair.

5.2   Motion – The Union Flag on UK Driving Licences Issued in Northern Ireland

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

Proposed:

That this Assembly recognises that the principle of consent is central to our constitutional arrangements, whereby there will be no change to the status of Northern Ireland as part of the United Kingdom unless and until there is a clear majority voting for such change; notes that the SDLP endorsed these principles and constitutional arrangements; expresses its concern at the decision by the Minister of the Environment to exclude the Union Flag from UK Driving Licences issued in Northern Ireland; considers this to be contrary to the constitutional settlement and an unnecessary, politically motivated deviation from a UK wide scheme that has denied Northern Ireland citizens their right to display the national flag on Government documents often used for identification; and calls on the Minister to reverse this decision.

Mrs P Cameron
Mr P Weir
Lord Morrow
Mr I McCrea

Debate ensued.

The Question being put, the motion was negatived on a cross-community vote (Division 3).

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

6.    Adjournment

Ms Jennifer McCann spoke to her topic on the restoration of special funding premia to St Mary’s University College to prevent its imminent closure.

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 10.45pm.              .

Mr Mitchel McLaughlin MLA
The Speaker

27 January 2015

Appendix 1

Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a Petition of Concern, in accordance with Standing Order 28, on Thursday 22 January 2015 in relation to the following motion:

The Union Flag on UK Driving Licences Issued in Northern Ireland

That this Assembly recognises that the principle of consent is central to our constitutional arrangements, whereby there will be no change to the status of Northern Ireland as part of the United Kingdom unless and until there is a clear majority voting for such change; notes that the SDLP endorsed these principles and constitutional arrangements; expresses its concern at the decision by the Minister of the Environment to exclude the Union Flag from UK Driving Licences issued in Northern Ireland; considers this to be contrary to the constitutional settlement and an unnecessary, politically motivated deviation from a UK wide scheme that has denied Northern Ireland citizens their right to display the national flag on Government documents often used for identification; and calls on the Minister to reverse this decision.

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

Northern Ireland Assembly

27 January 2015
Division 1

Motion – 2015-16 Budget – Amendment 1

Proposed:

Leave out all after the first ‘Assembly’ and insert:

‘notes the lack of transparency contained in the programme of expenditure proposals for 2015-16; believes that the failure of many Departments to produce draft spending and saving plans weakened and invalidated the process; notes with perplexity how the tens of thousands of consultation responses could have been analysed between the close of the consultation period on the 29 December 2014 and the Executive final decision only two weeks later; notes that the proposals were created in a vacuum of strategic direction and have not been based on a revised Programme for Government; and calls on the Minister of Finance and Personnel to modify the proposals, as set out in the Budget laid before the Assembly on 19 January 2015, including (i) removing the £26m DEL allocated for the Social Investment Fund, in light of its inability to spend the budget it had been allocated between 2011-2015; (ii) removing the reference to the relocation of the Department of Agriculture and Rural Development headquarters to Ballykelly, as the project should not continue until a full business case is produced and value for money has been demonstrated - and changing its budget allocation accordingly; (iii) allocating £5m Resource DEL to the Department of Health, Social Services and Public Safety to partially alleviate the pressures on the Health and Social Care Trusts; (iv) allocating £3m Resource DEL to the Department for Regional Development to partially assist with funding Northern Ireland Water to the PC15 final determination; (v) allocating £1.5m Resource DEL to the Department of Culture, Arts and Leisure to partially alleviate the reductions to the arts and Northern Ireland museums; (vi) allocating £1.5m Resource DEL to the Department of Health, Social Services and Public Safety to partially alleviate the reduction to the Fire and Rescue Service; (vii) allocating £15m Capital DEL to the Department for Regional Development to partially alleviate the pressures on Transport NI and to assist with funding Northern Ireland Water to the PC15 final determination.’

Mr M Nesbitt
Mr L Cree
Mr R Swann

The Question was put and the Assembly divided.

Ayes: 10
Noes: 83

AYES

Mr Allister, Mr Cree, Mr Elliott, Mr Gardiner, Mr Kennedy, Mr Kinahan, Mr McGimpsey, Mr Nesbitt, Mrs Overend, Mr Swann.

Tellers for the Ayes: Mr Kinahan, Mrs Overend.

NOES

Mr Agnew, Mr Anderson, Mr Attwood, Mr Bell, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Buchanan, Mr Byrne, Mrs Cameron, Mr Clarke, Mrs Cochrane, Mr Craig, Mr Devenney, Mr Dickson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Eastwood, Dr Farry, Ms Fearon, Mr Flanagan, Mr Ford, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Mr McCausland, Ms McCorley, Mr B McCrea, Mr I McCrea, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Miss M McIlveen, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr McQuillan, Mr A Maginness, Mr Maskey, Lord Morrow, Mr Moutray, Mr Newton, Ms Ní Chuilín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mr Poots, Mr Ramsey, Mr G Robinson, Mr P Robinson, Mr Rogers, Mr Ross, Ms Ruane, Mr Sheehan, Mr Spratt, Mr Storey, Ms Sugden, Mr Weir, Mr Wells.

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

The Amendment fell.

Northern Ireland Assembly

27 January 2015
Division 2

Motion – 2015-16 Budget   

Proposed:

This this Assembly approves the programme of expenditure proposals for 2015-16 as set out in the Budget laid before the Assembly on 19 January 2015.

Minister of Finance and Personnel

The Question was put and the Assembly divided.

Ayes: 56
Noes: 30

AYES

NATIONALIST:

Mr Boylan, Ms Boyle, Mr Brady, Ms Fearon, Mr Flanagan, 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, Ms Maeve McLaughlin, Mr McMullan, Mr Maskey, Ms Ní Chuilín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Ms Ruane, Mr Sheehan.

UNIONIST:

Mr Anderson, Mr Bell, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Devenney, Mr Douglas, Mr Easton, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Spratt, Mr Storey, Mr Weir, Mr Wells.

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

NOES

NATIONALIST:

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.

UNIONIST:

Mr Allister, Mr Cree, Mr Elliott, Mr Gardiner, Mr Kinahan, Mr McCallister, Mr McGimpsey, Mr Nesbitt, Mrs Overend, Ms Sugden, Mr Swann.

OTHER

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

Tellers for the Noes: Mr Kinahan, Mr McKinney.

Total votes                               86                                           Total Ayes                            56           [65.1%]

Nationalist Vote                      37                                           Nationalist Ayes                  25           [67.6%]

Unionist Votes                         42                                           Unionist Ayes                       31           [73.8%]

Other Votes                               7                                            Other Ayes                          0              [0.0%]

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

The Motion was carried on a cross-community vote.

Northern Ireland Assembly

27 January 2015
Division 3

Motion – The Union Flag on UK Driving Licences Issued in Northern Ireland          

Proposed:

That this Assembly recognises that the principle of consent is central to our constitutional arrangements, whereby there will be no change to the status of Northern Ireland as part of the United Kingdom unless and until there is a clear majority voting for such change; notes that the SDLP endorsed these principles and constitutional arrangements; expresses its concern at the decision by the Minister of the Environment to exclude the Union Flag from UK Driving Licences issued in Northern Ireland; considers this to be contrary to the constitutional settlement and an unnecessary, politically motivated deviation from a UK wide scheme that has denied Northern Ireland citizens their right to display the national flag on Government documents often used for identification; and calls on the Minister to reverse this decision.

Mrs P Cameron
Mr P Weir
Lord Morrow
Mr I McCrea

The Question was put and the Assembly divided.

Ayes: 47
Noes: 27

AYES

UNIONIST:

Mr Allister, Mr Anderson, Mr Bell, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Cree, Mr Devenney, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr I McCrea, Mr McGimpsey, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells.

OTHER:

Mrs Cochrane, Mr Dickson, Dr Farry, Ms Lo.

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

NOES

NATIONALIST:

Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Durkan, Mr Eastwood, Mr Flanagan, Mrs D Kelly, Mr G Kelly, Mr F McCann, Ms J McCann, Ms McCorley, Dr McDonnell, Mr McElduff, Mr McGlone, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr A Maginness, Mr Maskey, Ms Ní Chuilín, Mr Ó Muilleoir, Mr Ramsey, Mr Rogers, Mr Sheehan.

Tellers for the Noes: Mr Boylan, Mr Rogers.

Total votes                               74                                           Total Ayes                            47           [63.5%]

Nationalist Vote                      27                                           Nationalist Ayes                  0              [0.0%]

Unionist Votes                         43                                           Unionist Ayes                       43           [100%]

Other Votes                               4                                            Other Ayes                          4              [100%]

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

The Motion was negatived on a cross-community vote.

Northern Ireland Assembly

Papers Presented to the Assembly on 27 January 2015

1.  Acts of the Northern Ireland Assembly

2.  Bills of the Northern Ireland Assembly

3.  Orders in Council

4.  Publications Laid in the Northern Ireland Assembly

Inspection Report of the Police Use of Discretion Incorporating Penalty Notices (DOJ)

5.  Assembly Reports

6.  Statutory Rules

S.R. 2015/20 The Rates (Making and Levying of Different Rates) Regulations (Northern Ireland) 2015  (DFP)

S.R. 2015/19 The Housing Benefit (Income from Earnings) (Amendment) Regulations (Northern Ireland) 2015 (DSD)

7.  Written Ministerial Statements

8.  Consultation Documents

9.  Departmental Publications

10. Agency Publications

11.  Westminster 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 28 January 2015

2011-2016 Mandate
Executive Bills

2011-2016 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.