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 New Member

The Speaker informed Members that he had been notified by the Chief Electoral Officer that
Mr Alastair Patterson had been returned as a Member of the Assembly for the Fermanagh and South Tyrone constituency to fill the vacancy that resulted from the resignation of Mr Neil Somerville.

Mr Patterson signed the Roll of Membership on 27 January 2016 in the presence of the Speaker and the Clerk to the Assembly. The Speaker confirmed that Mr Patterson had signed the Roll and had entered his designation of identity.

3. Assembly Business

3.1 Motion – Suspension of Standing Orders 10(2) to 10(4)

Proposed:

That Standing Orders 10(2) to 10(4) be suspended for 01 February 2016.

Mr P Weir
Ms C Ruane
Mrs K McKevitt
Mr R Swann
Mr S Dickson

The Question being put, the Motion was carried with cross-community support nemine contradicente.

3.2 Motion – Committee Membership

Proposed:

That the Ulster Unionist Party Assembly Committee membership be changed in accordance with the proposals laid in the Assembly Business Office by the Party on 27 January 2016.

Mr R Swann
Mrs S Overend

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

4. Executive Committee Business

4.1 Statement – North South Ministerial Council in Tourism Sectoral Format

The Minister of Enterprise, Trade and Investment, Mr Jonathan Bell, made a statement regarding the meeting of the North South Ministerial Council in Tourism Sectoral format, which was held in Armagh on Wednesday 2 December 2015, following which he replied to questions.

4.2 Statement – North South Ministerial Council in Trade and Business Development Sectoral Format

The Minister of Enterprise, Trade and Investment, Mr Jonathan Bell, made a statement regarding the meeting of the North South Ministerial Council in Trade and Business Development Sectoral format, which was held in Armagh on Wednesday 2 December 2015, following which he replied to questions.

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

4.3 Further Consideration Stage – Departments Bill (NIA Bill 70/11-16)

The junior Minister, Mrs Emma Pengelly, moved the Further Consideration Stage of the Departments Bill (NIA Bill 70/11-16).

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

Clauses

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

After debate, Amendment 2 to Schedule 2 was made without division.

The Departments Bill (NIA Bill 70/11-16) stood referred to the Speaker for consideration in accordance with Section 10 of the Northern Ireland Act 1998.

4.4 Further Consideration Stage – Rates (Amendment) Bill (NIA Bill 75/11-16)

The Minister of Finance and Personnel, Mr Mervyn Storey, moved the Further Consideration Stage of the Rates (Amendment) Bill (NIA Bill 75/11-16).

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

Clauses

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

After debate, Amendment 2 inserting new Clause 1A was made on division and it was agreed that the new clause stand part of the Bill (Division).

The Rates (Amendment) Bill (NIA Bill 75/11-16) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

The sitting was suspended at 13.56pm.

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

5. Question Time

5.1 Office of the First Minister and deputy First Minister

Questions were put to, and answered by, the deputy First Minister, Mr Martin McGuinness. The junior Minister, Ms Jennifer McCann, also answered a number of questions.

5.2 Regional Development

Questions were put to, and answered by, the Minister for Regional Development, Miss Michelle McIlveen.

6. Executive Committee Business (cont'd)

6.1 Legislative Consent Motion – Housing and Planning Bill

Proposed:

That this Assembly endorses the principle of the extension to Northern Ireland of the provisions in the Housing and Planning Bill dealing with enforcement of the estate agents legislation.

Minister of Enterprise, Trade and Investment

Debate ensued.

The Question being put, the Motion was carried.

6.2 Consideration Stage – Housing (Amendment) Bill (NIA 58/11-16)

The Minister for Social Development, the Lord Morrow, moved the Consideration Stage of the Housing (Amendment) Bill (NIA Bill 58/11-16).

Three 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 Deputy Speaker (Mr Dallat) in the Chair.

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

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

After debate, Amendment 3 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.

The question being put, it was agreed without division that Clauses 3 to 5 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.

The Housing (Amendment) Bill (NIA Bill 58/11-16) stood referred to the Speaker.

7. Committee Business

7.1 Motion – Suspension of Standing Order 39(1) and Standing Order 37A(1), (2) and (3)(b) & (c)

Proposed:

That Standing Order 39(1) and Standing Order 37A(1), (2) and (3)(b) & (c) be suspended in respect of the Exceptional Further Consideration Stage of the Public Services Ombudsman Bill (NIA Bill 47/11-16).

Chairperson, Committee for the Office of the First Minister and deputy First Minister

The Question being put, the Motion was carried with cross-community support nemine contradicente.

7.2 Exceptional Further Consideration Stage – Public Services Ombudsman Bill (NIA Bill 47/11-16)

The Chairperson of the Committee for the Office of the First Minister and deputy First Minister, Mr Mike Nesbitt, moved the Exceptional Further Consideration Stage of the Public Services Ombudsman Bill (NIA Bill 47/11-16).

One amendment was tabled to the Bill and selected for debate.

Clauses

After debate, Amendment 1 to Clause 50 was made without division.

The Public Services Ombudsman Bill (NIA Bill 47/11-16) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

8. Adjournment

Proposed:

That the Assembly do now adjourn.

The Deputy Speaker (Mr Dallat)

The Assembly adjourned at 4.24pm.

Mr Mitchel McLaughlin
The Speaker

01 February 2016

01 February 2016
Division

Further Consideration Stage – Rates (Amendment) Bill (NIA Bill 75/11-16) (Amendment 2)

The Question was put and the Assembly divided.

Ayes: 55
Noes: 29

AYES

Mr Agnew, Mr Allen, Mr Allister, Mr Attwood, Mr Beggs, Mr Boylan, Mr D Bradley, Mr Cochrane-Watson, Mr Cree, Mr Dallat, Mr Dickson, Mr Diver, Mr Durkan, Dr Farry, Mr Flanagan, Mr Ford, Mr Gardiner, Ms Hanna, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Kennedy, Ms Lo, Mr Lynch, Mr Lyttle, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr McCrossan, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Ms Maeve McLaughlin, Mr McMullan, Mr McNarry, Mr A Maginness, Mr Maskey, Mr Milne, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr Patterson, Mr Rogers, Ms Ruane

Tellers for the Ayes: Mr Cree, Mrs Overend

NOES

Mr Anderson, Mr Bell, Ms P Bradley, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Lyons, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Lord Morrow, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Storey, Mr Weir

Tellers for the Noes: Mr I McCrea, Mr G Robinson

The Amendment was made.

The Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a Petition of Concern, in accordance with Standing Order 28, on Monday 01 February 2016, in relation to Clause 20 of the Consideration Stage of the Assembly and Executive Reform (Assembly Opposition) Bill (NIA Bill 61/11-16):

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 GORDON LYONS

MR NELSON MCCAUSLAND

MR IAN MCCREA

MR DAVID MCILVEEN

MISS MICHELLE MCILVEEN

MR ADRIAN MCQUILLAN

MR GARY MIDDLETON

THE LORD MORROW

MR STEPHEN MOUTRAY

MR ROBIN NEWTON

MRS EMMA PENGELLY

MR EDWIN POOTS

MR GEORGE ROBINSON

MR PETER ROBINSON

MR ALASTAIR ROSS

MR MERVYN STOREY

MR PETER WEIR

MR JIM WELLS

Departments Bill

Annotated Marshalled List of Amendments

Further Consideration Stage

Monday 1 February 2016

Amendments tabled up to 9.30am Wednesday, 27 January 2016 and selected for debate.

Amendment 1 [Made]

Clause 2, Page 2, Line 7

Leave out subsection (1)

First Minister and deputy First Minister

Amendment 2 [Made]

Schedule 2, Page 3

Leave out Schedule

First Minister and deputy First Minister

Rates (Amendment) Bill

Annotated Marshalled List of Amendments

Further Consideration Stage

Monday 1 February 2016

Amendments tabled up to 9.30am Wednesday, 27 January 2016 and selected for debate.

Amendment 1 [Made]

Clause 1, Page 1, Line 8

At end insert -

'(5B) Without prejudice to the generality of paragraph (5A), prescribed cases in regulations under that paragraph shall include, subject to such conditions as may be prescribed, where a hereditament is occupied by a community amateur sports club.

(5C) The first regulations under paragraph (5A) shall be made no later than 30 September 2016.",

(b) in paragraph (6) insert at the appropriate place—

""community amateur sports club" means a registered club within the meaning of section 658(6) of the Corporation Tax Act 2010;".'

Mr Daithí McKay

Mr Máirtín Ó Muilleoir

Mr Barry McElduff

Amendment 2 [Made on Division]

New Clause

After clause 1 insert -

'Specified recreations: pigeon racing

1A. In the Schedule to the Rates (Recreational Hereditaments) Order (Northern Ireland) 2007 (list of specified recreations), where appropriate insert "Pigeon Racing".'

Mr Robin Swann

Mr Leslie Cree

Housing (Amendment) Bill

Annotated Marshalled List of Amendments

Consideration Stage

Monday 1 February 2016

Amendments tabled up to 9.30am Wednesday, 27 January 2016 and selected for debate.

The Bill will be considered in the following order-

Clauses and Long Title

Amendment 1 [Made]

Clause 2, Page 3, Line 4

Leave out subsection (4)

Minister for Social Development

Amendment 2 [Made]

Clause 2, Page 4, Line 1

Leave out 'or 3'

Minister for Social Development

Amendment 3 [Made]

Clause 2, Page 4, Line 2

Leave out from '(convictions' to end of line 3 and insert '(conduct and convictions) (whether or not the order is also sought on other Grounds);'

Minister for Social Development

Public Services Ombudsman Bill

Marshalled List of Amendments

Exceptional Further Consideration Stage

Monday 1 February 2016

Amendments tabled up to 9.30am Wednesday, 27 January 2016 and selected for debate.

Amendment 1 [Made]

Clause 50, Page 20, Line 2

Leave out from 'the safety' to 'United Kingdom' on line 3 and insert 'public safety'

Chair, Committee for the Office of the First Minister and deputy First Minister

Papers Presented to the Assembly on
27 January 2016 - 01 February 2016

1. Acts of the Northern Ireland Assembly

Insolvency (Amendment) Act (Northern Ireland) 2016.

Food Hygiene Rating Act (Northern Ireland) 2016.

2. Bills of the Northern Ireland Assembly

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

Legislative Consent Memorandum - Criminal Cases Review Commission (Information) Bill (DOJ).

Ulster Unionist Party Committee Membership as referred to in the Committee Membership motion on the Order Paper of 27 January 2016 (UUP).

Ulster Supported Employment Limited Annual Report for the year 31 March 2015 (DEL).

5. Assembly Reports

Committee for Employment and Learning - Report on the Employment Bill (NIA Bill 73/11-16) (NIA 300/11-16).

Ninth Report of the Examiner of Statutory Rules to the Assembly and the Appropriate Committees (NIA 301/11-16) (ESR).

6. Statutory Rules

S.R. 2016/15 The Areas of Natural Constraint Regulations (Northern Ireland) 2016 (DARD).

S.R. 2016/25 The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2016 (DSD).

S.R. 2016/26 The Rates (Small Business Hereditament Relief) (Amendment) Regulations (Northern Ireland) 2016 (DFP).

S.R. 2016/000 (Draft) The General Register (Fees) Order (Northern Ireland) 2016 (DFP).

For Information Only

S.R. 2016/19 The Bus Lanes (Belfast City Centre) (Amendment) Order (Northern Ireland) 2016 (DRD).

S.R. 2016/20 The Parking Places (Ballynahinch) Order (Northern Ireland) 2016 (DRD).

7. Written Ministerial Statements

8. Consultation Documents

9. Departmental Publications

Tenant Participation Strategy for Northern Ireland: 2015 to 2020 (DSD).

10. Agency Publications

11. Westminster Publications

12. Miscellaneous Publications