Minutes of Proceedings

The Assembly met at noon, the Speaker in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes' silence.

2. Speaker's Business

2.1 Ministerial Resignation

The Speaker informed Members that, on 14 October 2015, Mr Jonathan Bell resigned as Minister of Enterprise, Trade and Investment.

2.2 Ministerial Appointments

The Speaker informed Members that, on 14 October 2015, Mr Simon Hamilton had taken up the office of Minister of Health, Social Services and Public Safety, Miss Michelle McIlveen had taken up the office of Minister for Regional Development and that Mr Mervyn Storey had taken up the office of Minister for Social Development.

The Speaker confirmed that the Members affirmed the terms of the Pledge of Office as set out in Schedule 4 to the Northern Ireland Act 1998 and confirmed the appointments.

2.3 Ministerial Resignations

The Speaker informed Members that, on 15 October 2015, Mr Simon Hamilton resigned as Minister of Health, Social Services and Public Safety, Miss Michelle McIlveen resigned as Minister for Regional Development and Mr Mervyn Storey resigned as Minister for Social Development.

3. Matter of the Day

3.1 Amateur Boxing World Champion Michael Conlan

Ms Rosaleen McCorley made a statement, under Standing Order 24, in relation to the amateur boxing world champion, Michael Conlan. Other Members were also called to speak on the matter.

4. Executive Committee Business

4.1 Motion – The draft Victim Charter (Justice Act (Northern Ireland) 2015) Order (Northern Ireland) 2015

Proposed:

That the draft Victim Charter (Justice Act (Northern Ireland) 2015) Order (Northern Ireland) 2015 be approved.

Minister of Justice

Debate ensued.

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

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

5. Private Members' Business

5.1 First Stage – Scrap Metal Dealers Bill (NIA Bill 65/11-16)

Mr Roy Beggs introduced a Bill to amend the Law relating to scrap metal dealers; and for connected purposes.

The Scrap Metal Dealers Bill (NIA Bill 65/11-16) passed First Stage and ordered to be printed.

5.2 Further Consideration Stage – Children's Services Co-operation Bill (NIA Bill 44/11-16)

Mr Steven Agnew, sponsor of the Bill, moved the Further Consideration Stage of the Children's Services Co-operation Bill (NIA Bill 44/11-16).

Six amendments were tabled to the Bill.

Clauses

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

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

After debate, Amendment 3 inserting new Clause 6 was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 4 was not moved.

After debate, Amendment 5 inserting new Clause 7 was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 6 to Clause 7 was made without division.

The Children's Services Co-operation Bill (NIA Bill 44/11-16) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

5.3 Motion – Absence of Executive Ministers

Proposed:

That this Assembly notes that the Minister for Social Development, the Minister for Regional Development, the Minister of Health, Social Services and Public Safety and the Minister of Enterprise, Trade and Investment have resigned and resumed office more than 20 times since 10 September 2015; believes that this practice of rolling resignations has had a significant and detrimental effect on the governance of Northern Ireland and on the public's faith in the political institutions; and further believes that engaging in this practice of rolling resignations amounts to a breach of the terms of the pledge of office.

Mr S Dickson
Mr C Lyttle
Mr T Lunn

Debate ensued.

The debate was suspended for Question Time.

The Speaker took the Chair.

6. Question Time

6.1 Office of the First Minister and deputy First Minister

Questions were put to, and answered by, the Acting First Minister, Mrs Arlene Foster.

6.2 Health, Social Services and Public Safety

The Speaker informed Members that, as the ministerial office was vacant, Questions to the Minister of Health, Social Services and Public Safety could not proceed.

7. Private Members' Business (cont'd)

7.1 Motion – Absence of Executive Ministers (cont'd)

Debate resumed.

The Question being put, the Motion was carried (Division).

8. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 3.44pm.

Mr Mitchel McLaughlin
The Speaker

19 October 2015

Division

Motion – Absence of Executive Ministers

Proposed:

That this Assembly notes that the Minister for Social Development, the Minister for Regional Development, the Minister of Health, Social Services and Public Safety and the Minister of Enterprise, Trade and Investment have resigned and resumed office more than 20 times since 10 September 2015; believes that this practice of rolling resignations has had a significant and detrimental effect on the governance of Northern Ireland and on the public's faith in the political institutions; and further believes that engaging in this practice of rolling resignations amounts to a breach of the terms of the pledge of office.

Mr S Dickson
Mr C Lyttle
Mr T Lunn

The Question was put and the Assembly divided.

Ayes: 54
Noes: 34

AYES

Mr Agnew, Mr Beggs, Mr D Bradley, Mr Byrne, Mr Cochrane-Watson, Mr Cree, Mr Dallat, Mrs Dobson, Mr Durkan, Mr Eastwood, Mr Flanagan, Mr Ford, Mr Gardiner, Ms Hanna, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr B McCrea, Mr McElduff, Ms McGahan, Mr McGimpsey, Mr McGlone, Mr McKay, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Mr Murphy, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr Rogers, Ms Ruane, Mr Sheehan, Mr Somerville, Ms Sugden.

Tellers for the Ayes: Mr Lunn, Mr McCarthy.

NOES

Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Lyons, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Mr Middleton, Lord Morrow, Mr Moutray, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Mr Storey, Mr Weir, Mr Wells.

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

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

Further Consideration Stage - Children's Services Co-operation Bill - Annotated Marshalled List of Amendments

Monday 19 October 2015

Amendments tabled up to 9.30am Wednesday, 14 October 2015 and selected for debate.

Amendment 1 [Made]

Clause 1, Page 1, Line 11

At end insert -

'(h) living in a society in which equality of opportunity and good relations are promoted between persons who share a relevant characteristic and persons who do not share that characteristic.

(3) In this section "relevant characteristic" means a characteristic mentioned in any of paragraphs (a) to (d) of section 75(1) of the Northern Ireland Act 1998.'

Mr Chris Lyttle

Mr Stewart Dickson

Mr Trevor Lunn

Amendment 2 [Made]

Clause 5, Page 3, Line 40

Leave out '3 years' and insert '18 months'

Mr Steven Agnew

Amendment 3 [Made]

New Clause

After clause 5 insert -

'Programme for government

6.—(1) In preparing a programme for government, the Executive must take account of the most recent report published under section 5 of this Act.

(2) In this section "a programme for government" means a programme referred to in paragraph 20 of Strand One of the Belfast Agreement.'

Ms Megan Fearon

Amendment 4 [Not Moved]

Clause 6, Page 4, Line 12

At end insert -

'(2) Before issuing guidance relating to section 4, the Office of the First Minister and deputy First Minister must consult the Department of Finance and Personnel.'

Mr Steven Agnew

Amendment 5 [Made]

New Clause

After clause 6 insert -

'Regulations relating to section 4

7.—(1) The Department of Finance and Personnel may by regulations make provision for procedures to be followed by children's authorities when exercising the powers conferred by section 4(2).

(2) Regulations under subsection (1) are subject to negative resolution and may include saving, transitional, transitory, supplementary or consequential provision.'

Minister of Finance and Personnel

Amendment 6 [Made]

Clause 7, Page 5, Line 5

After 'Article' insert '21(5),'

Mr Steven Agnew

Papers Presented to the Assembly on
14 October – 19 October 2015

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

The Scrap Metal Dealers Bill (NIA Bill 65/11-16).

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

Charitable Donations and Bequests Annual Report to 31 March 2015 (DSD).

5. Assembly Reports

6. Statutory Rules

S.R. 2015/352 The Snares Order (Northern Ireland) 2015 (DOE).

S.R. 2015/355 The New Firefighters' Pension Scheme (Amendment) (No. 3) Order (Northern Ireland) 2015 (DHSSPS).

7. Written Ministerial Statements

8. Consultation Documents

Consultation on the Teachers' Pension Scheme (Consequential Provisions) (Amendment) Regulations (NI) 2015 (DE).

9. Departmental Publications

Independent Anti-Slavery Commissioners Strategic Plan for 2015 to 2017 (DOJ).

10. Agency Publications

11. Westminster Publications

12. Miscellaneous Publications