Minutes of Proceedings
Session: Session currently unavailable
Date: 15 February 2016
The Assembly met at noon, the Speaker in the Chair.
1. Personal Prayer or Meditation
Members observed two minutes' silence.
2. Public Petition
2.1 Public Petition – Better Care for Children with Autism Spectrum Disorder in Northern Ireland
Mr Kieran McCarthy was granted leave, in accordance with Standing Order 22, to present a Public Petition regarding Better Care for Children with Autism Spectrum Disorder in Northern Ireland.
2.2 Motion – Suspension of Standing Orders
Proposed:
That Standing Orders 10(2) to 10(4) be suspended for 15 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. Executive Committee Business
3.1 Statement – North South Ministerial Council in Health and Food Safety Sectoral Format
The Minister of Health, Social Services and Public Safety, Mr Simon Hamilton, made a statement regarding the North South Ministerial Council in Health and Food Safety Sectoral format, which was held in Armagh on Wednesday 20 January 2016, following which he replied to questions.
The Principal Deputy Speaker (Mr Newton) in the Chair.
3.2 Further Consideration Stage – Housing (Amendment) Bill (NIA Bill 58/11-16)
The Minister for Social Development, the Lord Morrow of Clogher Valley, moved the Further Consideration Stage of the Housing (Amendment) Bill (NIA Bill 58/11-16).
No amendments were tabled to the Bill.
The Housing (Amendment) Bill (NIA Bill 58/11-16) stood referred to the Speaker for consideration in accordance with Section 10 of the Northern Ireland Act 1998.
3.3 Consideration Stage – Budget Bill (NIA Bill 77/11-16)
The Minister of Finance and Personnel, Mr Mervyn Storey, moved the Consideration Stage of the Budget Bill (NIA Bill 77/11-16).
No amendments were tabled to the Bill.
Clauses
The question being put, it was agreed without division that Clauses 1 to 8 stand part of the Bill.
Schedules
The question being put, it was agreed without division that Schedules 1 to 5 stand part of the Bill.
Long Title
The question being put, the Long Title was agreed without division.
The Budget Bill (NIA Bill 77/11-16) stood referred to the Speaker.
The Speaker in the Chair.
3.4 Consideration Stage – Rural Needs Bill (NIA Bill 67/11-16)
A valid Petition of Concern, under Standing Order 28, was presented in relation to Amendment 5, on Monday 15 February 2016 (Appendix 1).
The Minister of Agriculture and Rural Development, Mrs Michelle O'Neill, moved the Consideration Stage of the Rural Needs Bill (NIA Bill 67/11-16).
Fourteen amendments were tabled to the Bill and selected for debate.
The Deputy Speaker (Mr Beggs) in the Chair.
The debate was suspended for Question Time.
The Speaker in the Chair.
4. Question Time
4.1 Office of the First Minister and deputy First Minister
Questions were put to, and answered by, the First Minister, Mrs Arlene Foster. The junior Minister, Mrs Emma Pengelly, also answered a number of questions.
The Principal Deputy Speaker (Mr Newton) in the Chair.
4.2 Environment
Questions were put to, and answered by, the Minister of the Environment, Mr Mark Durkan.
The Deputy Speaker (Mr Beggs) in the Chair.
5. Executive Committee Business (cont'd)
5.1 Consideration Stage – Rural Needs Bill (NIA Bill 67/11-16) (cont'd)
Debate resumed.
Clauses
After debate, amendment 1 to Clause 1 was made without division.
After debate, amendment 2 to Clause 1 was made without division.
After debate, amendment 3 to Clause 1 was made without division.
After debate, amendment 4 to Clause 1 was made without division.
The question being put, it was agreed without division that Clause 1, as amended, stand part of the Bill.
Amendment 5 was not moved.
The question being put, it was agreed without division that Clause 2 stand part of the Bill.
After debate, amendment 6, inserting a new Clause 2A, was negatived on division (Division 1).
After debate, amendment 7 to Clause 3 was made without division.
After debate, amendment 8 to Clause 3 was made without division.
After debate, amendment 9 to Clause 3 was negatived without division.
After debate, amendment 10 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 11 to Clause 4 was negatived without division.
The question being put, it was agreed without division that Clause 4 stand part of the Bill.
After debate, amendment 12 to Clause 5 was made without division.
The question being put, it was agreed without division that Clause 5, as amended, stand part of the Bill.
The question being put, it was agreed without division that Clauses 6 and 7 stand part of the Bill.
Schedules
After debate, amendment 13, inserting a new Schedule, was made without division and it was agreed that the new schedule stand part of the Bill.
Long Title
After debate, amendment 14 to the Long Title was made without division.
The question being put, it was agreed without division that the Long Title, as amended, stand part of the Bill.
The Rural Needs Bill (NIA Bill 67/11-16) stood referred to the Speaker.
5.2 Final Stage – Legal Complaints and Regulation Bill (NIA 50/11-16)
The Minister of Finance and Personnel, Mr Mervyn Storey, moved that the Final Stage of the Legal Complaints and Regulation Bill (NIA Bill 50/11-16) do now pass.
Debate ensued.
The Legal Complaints and Regulation Bill (NIA Bill 50/11-16) passed Final Stage.
5.3 Motion – Draft Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2016
Proposed:
That the draft Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2016 be approved.
Minister of Enterprise, Trade and Investment
Debate ensued.
The Deputy Speaker (Mr Dallat) in the Chair.
The Question being put, the Motion was carried (Division 2).
6. Committee Business
6.1 Motion – Appointment of an Acting Commissioner
Proposed:
That this Assembly notes that the Northern Ireland Assembly Commissioner for Standards is unable to act in relation to a complaint from Mr Sammy Wilson MP dated 15 December 2015; appoints Mr Gerard Elias as an Acting Commissioner, in accordance with section 23(1) of the Assembly Members (Independent Financial Review and Standards) Act (Northern Ireland) 2011, to investigate all such complaints; directs that this appointment shall cease when Mr Elias has reported on all such complaints; and further directs that the terms of his appointment, in particular his remuneration will, subject to any necessary modification, be the same as those of the Northern Ireland Assembly Commissioner for Standards.
Chairperson, Committee on Standards and Privileges
Debate ensued.
The Question being put, the Motion was carried without division.
6.2 Motion – Report on the Inquiry into the Inclusion in the Arts of Working Class Communities (NIA 298/11-16)
Proposed:
That this Assembly approves the Report of the Committee for Culture, Arts and Leisure on its Inquiry into Inclusion in the Arts of Working Class Communities (NIA 298/11–16); and calls on the Minister of Culture, Arts and Leisure to implement the recommendations contained in the Report.
Chairperson, Committee for Culture, Arts and Leisure
Debate ensued.
The Question being put, the Motion was carried without division.
7. Adjournment
Proposed:
That the Assembly do now adjourn.
The Deputy Speaker (Mr Dallat)
The Assembly adjourned at 7.52pm.
Mr Mitchel McLaughlin
The Speaker
15 February 2016
Appendix 1
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 15 February 2016, in relation to Amendment 5 of the Consideration Stage of the Rural Needs Bill (NIA Bill 67/11-16):
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
Appendix 2
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 15 February 2016, in relation to Amendment 116 of the Consideration Stage of the Mental Capacity Bill (NIA Bill 49/11-16):
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
MRS EMMA PENGELLY
MR EDWIN POOTS
MR GEORGE ROBINSON
MR PETER ROBINSON
MR ALASTAIR ROSS
MR MERVYN STOREY
MR PETER WEIR
MR JIM WELLS
15 February 2016
Division 1
Consideration Stage – Rural Needs Bill (NIA Bill 67/11-16) (Amendment 6)
The Question was put and the Assembly divided.
Ayes: 31
Noes: 62
AYES
Mr Agnew, Mr Allen, Mr Allister, Mr Attwood, Mr Cochrane-Watson, Mr Cree, Mr Dallat, Mr Dickson, Mr Diver, Mrs Dobson, Mr Eastwood, Mr Gardiner, Ms Hanna, Mr Hussey, Mrs D Kelly, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCarthy, Mr McCrossan, Mr McGimpsey, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness, Mr Nesbitt, Mrs Overend, Mr Patterson, Mr Rogers, Mr Swann
Tellers for the Ayes: Mrs Dobson, Mr Patterson
NOES
Mr Anderson, Mr Bell, Mr Boylan, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Lynch, Mr Lyons, Mr McAleer, Mr McCallister, Mr F McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr I McCrea, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Middleton, Mr Milne, Lord Morrow, Mr Moutray, Mr Murphy, Mr Newton, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Storey, Mr Weir, Mr Wells
Tellers for the Noes: Mr Anderson, Mr Milne
Amendment 6 was negatived.
15 February 2016
Division 2
Motion – Draft Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2016
Proposed:
That the draft Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2016 be approved.
Minister of Enterprise, Trade and Investment
The Question was put and the Assembly divided.
Ayes: 60
Noes: 34
AYES
Mr Anderson, Mr Bell, Mr Boylan, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Lynch, Mr Lyons, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr I McCrea, Mr McElduff, Ms McGahan, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Middleton, Mr Milne, Lord Morrow, Mr Murphy, Mr Newton, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Storey, Mr Weir, Mr Wells
Tellers for the Ayes: Mr McQuillan, Mr G Robinson
NOES
Mr Agnew, Mr Allen, Mr Allister, Mr Attwood, Mrs Cochrane, Mr Cochrane-Watson, Mr Cree, Mr Dickson, Mr Diver, Mrs Dobson, Mr Durkan, Mr Eastwood, Mr Gardiner, Ms Hanna, Mr Hussey, Mrs D Kelly, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCarthy, Mr B McCrea, Mr McCrossan, Mr McGimpsey, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness, Mr Nesbitt, Mrs Overend, Mr Patterson, Mr Rogers, Mr Swann
Tellers for the Noes: Mr Cochrane-Watson, Mr McKinney
The Motion was carried.
Rural Needs Bill
Annotated Marshalled List of Amendments
Consideration Stage
Monday 15 February 2016
Amendments tabled up to 9.30am Wednesday, 10 February 2016 and selected for debate.
The Bill will be considered in the following order
Clauses, Schedules and Long Title
Amendment 1 [Made]
Clause 1, Page 1, Line 2
Leave out 'consider' and insert 'have due regard to'
Chair, Committee for Agriculture and Rural Development
Amendment 2 [Made]
Clause 1, Page 1
Leave out lines 7 to 9 and insert 'any body or person listed in the Schedule.'
Chair, Committee for Agriculture and Rural Development
Amendment 3 [Made]
Clause 1, Page 1, Line 9
At end insert -
'(2A) The Department must, at least every three years from the coming into operation of this section, review the list of bodies and persons set out in the Schedule and, if it thinks it appropriate, amend the Schedule to—
(a) add a body or person to the Schedule;
(b) remove a body or person from the Schedule; or
(c) modify any entry in the Schedule.'
Chair, Committee for Agriculture and Rural Development
Amendment 4 [Made]
Clause 1, Page 1, Line 15
At end insert -
'(4A) An order under subsection (2A) may contain such transitional provision as the Department thinks appropriate.'
Chair, Committee for Agriculture and Rural Development
Amendment 5 [Not Moved]
Clause 2, Page 1, Line 19
Leave out 'may' and insert 'must'
Minister of Agriculture and Rural Development
Amendment 6 [Negatived on division]
New Clause
After Clause 2 insert -
'Training
2A. The Department may take such steps as appear to it to be appropriate to ensure all staff who develop, adopt, implement or revise policies, strategies and plans receive training connected with identifying and meeting rural needs.'
Mrs Jo-Anne Dobson
Mr Robin Swann
Amendment 7 [Made]
Clause 3, Page 2, Line 6
At end insert-
'(aa) include this information in its annual report; and'
Mrs Jo-Anne Dobson
Mr Robin Swann
Amendment 8 [Made]
Clause 3, Page 2, Line 8
Leave out 'prepare' and insert 'publish'
Minister of Agriculture and Rural Development
Amendment 9 [Negatived]
Clause 3, Page 2, Line 9
At end insert-
'(aa) its assessment of how each public authority considered rural needs; and'
Mrs Jo-Anne Dobson
Mr Robin Swann
Amendment 10 [Made]
Clause 3, Page 2, Line 12
At end insert -
'(2A) The Minister of Agriculture and Rural Development must, on or after the day on which the report is laid before the Assembly, make a statement to the Assembly about the content of the report.'
Minister of Agriculture and Rural Development
Amendment 11 [Negatived]
Clause 4, Page 2, Line 14
Leave out from second 'with' to 'securing' on line 15 and insert 'to secure'
Mrs Jo-Anne Dobson
Mr Robin Swann
Amendment 12 [Made]
Clause 5, Page 2, Line 19
After 'appoint' insert 'but no later than 1 June 2017'
Mrs Jo-Anne Dobson
Mr Robin Swann
Amendment 13 [Made]
New Schedule
After Clause 7 insert-
SCHEDULE
Section 1.
Public authorities for the purposes of this Act
A Northern Ireland department
A district council
The Chief Constable of the Police Service of Northern Ireland
The Council for Catholic Maintained Schools
The Education Authority
A Health and Social Care Trust
Invest Northern Ireland
The Northern Ireland Fire and Rescue Service Board
The Northern Ireland Housing Executive
The Northern Ireland Library Authority
The Northern Ireland Tourist Board
The Regional Agency for Public Health and Social Well-Being
The Regional Health and Social Care Board
The Sports Council for Northern Ireland'
Chair, Committee for Agriculture and Rural Development
Amendment 14 [Made]
Long Title
Leave out 'consider' and insert 'have due regard to'
Chair, Committee for Agriculture and Rural Development
Papers Presented to the Assembly on
11 - 15 February 2016
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
The Insolvency Service Annual Report and Account for the year ended 31 March 2015 (DETI).
Legislative Consent Memorandum – Northern Ireland (Stormont Agreement and Implementation Plan) Bill (OFMDFM).
5. Assembly Reports
Report on the Northern Ireland Events Company (NIA 308/11-16) (Public Accounts Committee).
Report on Assembly Committee Priorities for European Scrutiny 2016 (NIA 303/11-16) (Committee for the Office of the First Minister and deputy First Minister).
Report on the Scrap Metal Dealers Bill (NIA Bill 65/11-16) (NIA 307/11-16) (Committee for the Environment).
Tenth Report of the Examiner of Statutory Rules (NIA 309/11-16) (Examiner of Statutory Rules).
6. Statutory Rules
S.R. 2016/36 The College Street, Belfast (Stopping-Up) Order (Northern Ireland) 2016 (DRD).
S.R. 2016/38 The Green Road, Conlig (Abandonment) Order (Northern Ireland) 2016 (DRD).
S.R. 2016/40 The Former Route C646 Killyliss Road, Dungannon (Abandonment) Order (Northern Ireland) 2016 (DRD).
S.R. 2016/44 The Social Security (Housing Costs Amendments) Regulations (Northern Ireland) 2016 (DSD).
For Information Only
S.R. 2016/37 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2016 (DEL).
S.R. 2016/39 The Moyallan Road, Portadown and College Lands Road, Charlemont (Part-Time 20mph Speed Limit) Order (Northern Ireland) 2016 (DRD).
7. Written Ministerial Statements
A5 Western Transport Corridor – Consultation on Draft Statutory Orders and Environmental Statement (DRD).
8. Consultation Documents
9. Departmental Publications
Research for Better Health and Social Care - A strategy for health and social care research and development in Northern Ireland (2016-2025) (DHSSPS).
Report on the Proposal to Rename the Driver and Vehicle Testing Agency (DVTA) Trading Fund Order and to Extend its Scope (DOE).
Local Government Auditors Draft Code of Audit Practice 2016 (DOE).
10. Agency Publications
11. Westminster Publications
12. Miscellaneous Publications