Minutes of Proceedings

The Assembly met at 10.30am, the Principal Deputy Speaker (Mr Newton) in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes' silence.

2. Assembly Business

2.1 Consideration of business not concluded on Monday 30 November 2015

The Principal Deputy Speaker informed the Assembly that all business listed on the Order Paper for 30 November 2015 was concluded.

3. Executive Committee Business

3.1 Statement – British Irish Council: Summit

The First Minister, the Rt Hon Peter Robinson, made a statement regarding the British Irish Council Summit meeting held in London on Friday 27 November 2015, following which he replied to questions.

3.2 Statement – Sign Language Legislation Process

The Minister of Culture, Arts and Leisure, Ms Carál Ní Chuilín, made a statement regarding the Consultation on a Sign Language Legislation Process, following which she replied to questions.

3.3 Second Stage – Health and Personal Social Services (Amendment) Bill (NIA Bill 68/11-16)

The Minister of Health, Social Services and Public Safety, Mr Simon Hamilton, moved the Second Stage of the Health and Personal Social Services (Amendment) Bill (NIA Bill 68/11-16).

Debate ensued.

The Health and Personal Social Services (Amendment) Bill (NIA 68/11-16) passed Second Stage without division.

3.4 Consideration Stage – Special Educational Needs and Disability Bill (NIA Bill 46/11-16)

The Minister of Education, Mr John O'Dowd, moved the Consideration Stage of the Special Educational Needs and Disability Bill (NIA Bill 46/11-16).

Twelve amendments were tabled to the Bill and selected for debate.

Clauses

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

The sitting was suspended at 12.56pm.

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

4. Question Time

4.1 Enterprise, Trade and Investment

Questions were put to, and answered by, the Minister of Enterprise, Trade and Investment, Mr Jonathan Bell.

4.2 Environment

Questions were put to, and answered by, the Minister of the Environment, Mr Mark Durkan.

5. Executive Committee Business (cont'd)

5.1 Consideration Stage – Special Educational Needs and Disability Bill (NIA Bill 46/11-16) (cont'd)

Debate resumed.

The Deputy Speaker (Mr Beggs) in the Chair

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

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

After debate, Amendment 2 to Clause 3 was made without division.

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

After debate, Amendment 4 to Clause 3 was made without division.

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

After debate, Amendment 6, as an amendment to Amendment 5, was made on division (Division).

After debate, Amendment 5 inserting new Clause 3A, as amended, was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 7 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 Clause 5 stand part of the Bill.

After debate, Amendment 8 inserting new Clause 5A was made without division and it was agreed that the new clause stand part of the Bill.

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

After debate, Amendment 9 to Clause 7 was made without division.

The question being put, it was agreed without division that Clause 7, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 8 stand part of the Bill.

After debate, Amendment 10 to Clause 9 was made without division.

After debate, Amendment 11 to Clause 9 was made without division.

The question being put, it was agreed that Clause 9, as amended, stand part of the Bill.

The question being put, it was agreed that Clauses 10 to 14 stand part of the Bill.

After debate, Amendment 12 inserting new Clause 14A was made without division and it was agreed that the new clause stand part of the Bill.

The question being put, it was agreed that Clauses 15 and 16 stand part of the Bill.

Schedule

The question being put, it was agreed that the Schedule stand part of the Bill.

Long Title

The question being put, the Long Title was agreed without division.

The Special Educational Needs and Disability Bill (NIA Bill 46/11-16) stood referred to the Speaker.

5.2 Further Consideration Stage - Road Traffic (Amendment) Bill (NIA Bill 35/11-15)

The Minister of the Environment, Mr Mark Durkan, moved the Further Consideration Stage of the Road Traffic (Amendment) Bill (NIA Bill 35/11-15).

Two amendments were tabled to the Bill.

Clauses

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

After debate, Amendment 2 to the Long Title was made without division.

The Road Traffic (Amendment) Bill (NIA Bill 35/11-15) stood referred to the Speaker in accordance with section 10 of the Northern Ireland Act 1998.

6. Adjournment

Proposed:

That the Assembly do now adjourn.

The Deputy Speaker

The Assembly adjourned at 6.12pm

Mr Mitchel McLaughlin
The Speaker

01 December 2015

Special Educational Needs and Disability Bill

Annotated Marshalled List of Amendments

Consideration Stage

Tuesday 1 December 2015

Amendments tabled up to 9.30am Wednesday, 25 November 2015 and selected for debate

The Bill will be considered in the following order-

Clauses, Schedule and Long Title

Amendment 1 [Made]

Clause 2, Page 2, Line 18

Leave out 'may' and insert 'shall'

Minister of Education

Amendment 2 [Made]

Clause 3, Page 2, Line 33

After '"take' insert 'all'

Minister of Education

Amendment 3 [Made]

Clause 3, Page 3, Line 3

At end insert -

'(2A) In Article 8 after paragraph (1) insert⁠—

"(1A) Paragraph (1B) applies where⁠—

(a) the Board of Governors of a grant-aided school (school A) has prepared a personal learning plan in respect of a registered pupil at the school, and

(b) that pupil ceases to be a registered pupil at school A and becomes a registered pupil at another grant-aided school (school B).

(1B) The Board of Governors of school A shall⁠—

(a) seek to obtain the consent of the pupil concerned (if the pupil is over compulsory school age) or of the pupil's parent (in any other case) to a copy of the personal learning plan being sent to the Board of Governors of school B; and

(b) if it obtains that consent, send a copy of the plan to the Board of Governors of school B.

(1C) Nothing in paragraph (1A) or (1B) affects any duty of the Board of Governors of school B to prepare a personal learning plan in respect of the pupil under paragraph (1)(d) or (as the case may be) under Article 8ZA(1)(a).".'

Minister of Education

Amendment 4 [Made]

Clause 3, Page 3, Line 29

At end insert -

'(3) Paragraph (4) applies where⁠—

(a) the Board of Governors of a special school (school A) has prepared a personal learning plan in respect of a registered pupil at the school, and

(b) that pupil ceases to be a registered pupil at school A and becomes a registered pupil at another grant-aided school (school B).

(4) The Board of Governors of school A shall⁠—

(a) seek to obtain the consent of the pupil concerned (if the pupil is over compulsory school age) or of the pupil's parent (in any other case) to a copy of the personal learning plan being sent to the Board of Governors of school B; and

(b) if it obtains that consent, send a copy of the plan to the Board of Governors of school B.

(5) Nothing in paragraph (3) or (4) affects any duty of the Board of Governors of school B to prepare a personal learning plan in respect of the pupil under paragraph (1)(a) or (as the case may be) under Article 8(1)(d).'

Minister of Education

Amendment 5 [Made]

New Clause

After clause 3 insert -

'Co-operation to identify, assess, and provide services to, children with special educational needs

3A. Before Article 13 of the 1996 Order insert⁠—

"Co-operation to identify, assess, and provide services to, children with special educational needs

12A.—(1) The Authority and the health and social services authorities ("the relevant bodies") shall co-operate with one another to identify, assess, and provide services to, children with special educational needs.

(2) The relevant bodies shall share information with one another on request.

(3) But information about a child may only be shared with the permission of that child, if the child is over compulsory school age, or the parent of the child in any other case.

(4) The relevant bodies must co-operate to prepare a joint and integrated plan for exercising their functions in accordance with this Article.

(5) The relevant bodies may pool budgets and share resources for the purposes of exercising their functions in accordance with this Article.

(6) In this Article, "health and social services authorities" comprises⁠—

(a) the Regional Board for Health and Social Care; and

(b) the health and social care trusts established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991.".'

Chair, Committee for Education

Amendment 6 [Made on Division]

As an amendment to Amendment 5

After paragraph (5) insert⁠—

'(5A) The Health and Social Care Regulation and Quality Improvement Authority (RQIA) established under Article 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (NI 9) must, at intervals of not more than 2 years, conduct a review, and publish a report, on how the relevant bodies have co-operated with one another under this Article.'

Chair, Committee for Education

Amendment 7 [Made]

Clause 4, Page 3, Line 33

At end insert -

'(2A) After paragraph (4), insert⁠—

"(4A) If, in helping the Authority in the making of an assessment under Article 15, the health and social services authority identifies any therapeutic or other treatment, or service, likely to be beneficial to the child, the health and social services authority shall provide that treatment or service to the child.".'

Chair, Committee for Education

Amendment 8 [Made]

New Clause

After clause 5 insert -

'Nature and extent of special educational provision

Nature and extent of special educational provision

5A. In Article 16 of the 1996 Order (statement of special educational needs) in paragraph (3)(b), after "specify" insert "the nature and extent of"'.'

Chair, Committee for Education

Amendment 9 [Made]

Clause 7, Page 5, Line 18

Leave out 'may' and insert 'shall'

Minister of Education

Amendment 10 [Made]

Clause 9, Page 7, Line 34

Leave out 'may' and insert 'shall'

Minister of Education

Amendment 11 [Made]

Clause 9, Page 7, Line 36

Leave out 'may' and insert 'shall'

Minister of Education

Amendment 12 [Made]

New Clause

After clause 14 insert -

'Orders and regulations under Part 2 of the 1996 Order

14A. For Article 28 of the 1996 Order substitute⁠—

"Orders and regulations under this Part

28.—(1) Orders made by the Department under this Part (other than orders under Article 5(3)) shall be subject to negative resolution.

(2) Regulations shall not be made under Article 8 or 8ZA unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

(3) Subject to paragraph (4), all other regulations under this Part shall be subject to negative resolution.

(4) Regulations made under this Part which⁠—

(a) would otherwise be subject to negative resolution, but

(b) are combined with regulations subject to the procedure mentioned in paragraph (2),

shall also be subject to that procedure.

(5) Regulations and orders made under this Part by a Northern Ireland department may contain such incidental, supplementary and transitional provisions as that department thinks fit.".'

Minister of Education

Road Traffic (Amendment) Bill

Annotated Marshalled List of Amendments

Further Consideration Stage

Tuesday 1 December 2015

Amendments tabled up to 9.30am Wednesday, 25 November 2015 and selected for debate

Amendment 1 [Made]

Clause 19, Page 20, Line 32

Leave out '10' and insert '11'

Minister of the Environment

Amendment 2 [Made]

Long Title

Leave out 'the age at which a provisional licence may be obtained,'

Minister of the Environment

Northern Ireland Assembly

01 December 2015
Division

Consideration Stage – Special Educational Needs and Disability Bill (NIA Bill 46/11-16) (Amendment 6, as an amendment to Amendment 5)

The Question was put and the Assembly divided.

Ayes: 52
Noes: 31

AYES

Mr Agnew, Mr Allen, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Byrne, Mrs Cochrane, Mr Cree, Mr Dickson, Mrs Dobson, Mr Durkan, Dr Farry, Ms Fearon, Mr Flanagan, Mr Ford, Mr Gardiner, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Kennedy, 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 McGimpsey, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mrs Overend, Mr Rogers, Ms Ruane, Mr Sheehan, Ms Sugden, Mr Swann

Tellers for the Ayes: Mr Kennedy, Ms Maeve McLaughlin

NOES

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Lyons, Mr McCallister, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr Middleton, Lord Morrow, Mrs Pengelly, Mr Poots, Mr Ross, Mr Storey, Mr Weir

Tellers for the Noes: Mr Buchanan, Mr Lyons

Northern Ireland Assembly

Papers Presented to the Assembly on
01 December 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. 2015/384 The Charities (Accounts and Reports) Regulations (Northern Ireland) 2015 (DSD).

S.R. 2015/385 The Charities Act 2008 (Substitution of Sums) Order (Northern Ireland) 2015 (DSD).

S.R. 2015/386 The Waste Management Licensing (Amendment No.2) Regulations (Northern Ireland) 2015 (DOE).

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 2 December 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.