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 Royal Assent – Pension Schemes Act (Northern Ireland) 2016

The Speaker informed Members that Royal Assent had been signified, on 15 January 2016, to the Pension Schemes Act (Northern Ireland) 2016.

2.2 Ministerial Resignations

The Speaker informed Members that, on 12 January 2016, Mrs Arlene Foster resigned as Minister of Finance and Personnel and Mr Mervyn Storey resigned as Minister for Social Development.

2.3 Ministerial Appointments

The Speaker informed Members that, on 12 January 2016, Mr Mervyn Storey had taken up the office of Minister of Finance and Personnel and Lord Morrow 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.

2.4 Deputy Chairperson Nomination

The Speaker informed Members that Mr Seán Rogers had been nominated as Deputy Chairperson of the Committee for Agriculture and Rural Development and confirmed the appointment.

3. Assembly Business

3.1 Motion – Assembly Commission Membership

Proposed:

That, in accordance with Standing Order 79(4), Mrs Karen McKevitt be appointed to fill the vacancy on the Assembly Commission.

Mr A Maginness
Mr C Eastwood

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

3.2 Motion­ – Committee Membership

Proposed:

That the Democratic Unionist Party membership of Assembly Committees be changed in accordance with the proposals laid in the Assembly Business Office by the Party on 18 January 2016.

Mr P Weir
Lord Morrow

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

4. Executive Committee Business

4.1 Statement – North South Ministerial Council in Education Sectoral Format

The Minister of Education, Mr John O'Dowd, made a statement regarding a meeting of the North South Ministerial Council in Education Sectoral format, held in Armagh on 11 December 2015, following which he replied to questions.

4.2 Consideration Stage – Legal Complaints and Regulation Bill (NIA Bill 50/11-16)

The Minister of Finance and Personnel, Mr Mervyn Storey, moved the Consideration Stage of the Legal Complaints and Regulation Bill (NIA Bill 50/11-16).

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

The Deputy Speaker (Mr Beggs) in the Chair.

Clauses

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

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.

The question being put, it was agreed without division that Clauses 3 to 7 stand part of the Bill.

After debate, Amendment 2 to Clause 8 was made without division.

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

The question being put, it was agreed without division that Clauses 9 to 16 stand part of the Bill.

After debate, Amendment 3 to Clause 17 was made without division.

The question being put, it was agreed without division that Clause 17, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 18 stand part of the Bill.

After debate, Amendment 4 to Clause 19 was made without division.

The question being put, it was agreed without division that Clause 19, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 20 to 28 stand part of the Bill.

After debate, Amendment 5 to Clause 29 was made without division.

After debate, Amendment 6 to Clause 29 was made without division.

After debate, Amendment 7 to Clause 29 was made without division.

The question being put, it was agreed without division that Clause 29, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 30 to 35 stand part of the Bill.

After debate, Amendment 8 to Clause 36 was made without division.

The question being put, it was agreed without division that Clause 36, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 37 stand part of the Bill.

After debate, Amendment 9 to Clause 38 was made without division.

The question being put, it was agreed without division that Clause 38, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 39 to 50 stand part of the Bill.

The debate was suspended for Question Time.

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 First Minister, Mrs Arlene Foster. The junior Minister, Mrs Emma Pengelly, also answered a number of questions.

5.2 Enterprise, Trade and Investment

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

6. Executive Committee Business (cont'd)

6.1 Consideration Stage – Legal Complaints and Regulation Bill (NIA Bill 50/11-16) (cont'd)

Debate resumed.

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

After debate, Amendment 10 inserting new Clause 50A was made on division and it was agreed that the new clause stand part of the Bill (Division 1).

After debate, Amendment 11 to Clause 51 was made without division.

After debate, Amendment 12 to Clause 51 was made without division.

The question being put, it was agreed without division that Clause 51, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 52 to 55 stand part of the Bill.

Schedules

After debate, Amendment 13 to Schedule 1 was made without division.

After debate, Amendment 14 to Schedule 1 was made without division.

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

The question being put, it was agreed without division that Schedules 2 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 Legal Complaints and Regulation Bill (NIA Bill 50/11-16) stood referred to the Speaker.

7. Private Members' Business

7.1 Motion – Threats to the Northern Ireland Fire and Rescue Service

That this Assembly notes the crucial and lifesaving role of the Northern Ireland Fire and Rescue Service in responding to fires, road traffic collisions, other specialist rescue incidents and in providing community safety education; expresses regret that it has not been considered a frontline service by the current Minister of Health, Social Services and Public Safety; further notes with concern that changes to service delivery have compromised the safety of the public and the officers who deliver the service; believes that any future changes to service delivery should not compromise further the safety of the public or the officers; further expresses deep concern at the major deterioration in attendance times over the last five years, particularly delays in the first appliance reaching high risk cases; notes that projected cuts to the Service have already resulted in up to seven stations being identified for downgrading, four other stations identified as being high risk not being upgraded, and warnings of further reduced response times; and calls on the Minister of Health, Social Services and Public Safety to change his position and appreciate the importance of the Service so that there is no further risk to public safety.

Mrs J Dobson
Mr M McGimpsey

7.2 Amendment 1

Proposed:

Leave out all after 'education;' and insert:

'recognises the close collaborative relationship and inter-dependent function between the Northern Ireland Fire and Rescue Service (NIFRS) and the Health Service; believes that this constitutes a critical frontline and support role; further believes that the cuts proposed will compromise public safety by downgrading fire stations and increasing response times, especially within rural areas, as well as compromising the safety of fire officers; and calls on the Minister of Health, Social Services and Public Safety to seek Executive approval to ring-fence the NIFRS budget consistent
with its frontline service function.'

Mr F McKinney
Mr G Diver
Mr J Dallat

7.3 Amendment 2

Proposed:

Leave out all after 'education;' and insert:

'considers the Northern Ireland Fire and Rescue Service (NIFRS), along with the ambulance service and policing, to be a key frontline service; believes that any change to service delivery should not compromise the safety of either the public or the officers who deliver the service; further believes that staffing levels and service improvements should have a strong evidence base and be rigorously risk assessed; welcomes the 26 per cent reduction in fire service mobilisations undertaken in Northern Ireland since 2010-11 but cautions that a range of important factors specific to Northern Ireland means direct comparison should not be made with the reductions of 22 per cent in funding and 14 per cent in whole time equivalent posts made in England over that period; recognises the significant potential offered by partnership and joint working with the ambulance service and the broader health and care sector; and calls on the Minister of Health, Social Service and Public Safety to ensure the scope for such collaboration is prioritised by his Department and NIFRS; to further ensure that enhanced emergency capability is provided where need is identified in South Down and the west of the province including Enniskillen and Dungannon stations; and to ensure that any proposals for efficiency savings required by the Executive will only be considered where they do not compromise public or firefighter safety.'

Mr A Easton
Mrs P Cameron
Mr T Buchanan
Mr G Middleton

A single debate ensued on both the motion and the amendments.

The Question being put, Amendment 1 was made.

The Question being put, the Motion as Amended was carried.

8. Adjournment

Proposed:

That the Assembly do now adjourn.

The Principal Deputy Speaker (Mr Newton)

The Assembly adjourned at 5.33pm.

Mr Mitchel McLaughlin
The Speaker

18 January 2016

18 January 2016
Division 1

Consideration Stage – Legal Complaints and Regulation Bill (NIA Bill 50/11-16) (Amendment 10)

The Question was put and the Assembly divided.

Ayes: 51
Noes: 35

AYES

Mr Agnew, Mr Attwood, Mr Boylan, Ms Boyle, Mr Cochrane-Watson, Mr Cree, Mr Dallat, Mr Dickson, Mr Diver, Mrs Dobson, Mr Eastwood, Ms Fearon, Mr Flanagan, Mr Gardiner, Ms Hanna, Mr Hazzard, Mr Hussey, Mrs D Kelly, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCarthy, Ms McCorley, Mr McCrossan, Mr McElduff, Ms McGahan, Mr McGimpsey, Mr McGlone, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Milne, Mr Murphy, Mr Nesbitt, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Ms Ruane, Ms Sugden, Mr Swann

Tellers for the Ayes: Mr Cree, Mr McKay

NOES

Mr Allister, 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, Mrs Hale, 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 and Mr G Robinson

The Amendment was made.

Legal Complaints and Regulation Bill

Annotated Marshalled List of Amendments

Consideration Stage

Monday 18 January 2016

Amendments tabled up to 9.30am Wednesday, 13 January 2016 and selected for debate

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1 [Made]

Clause 2, Page 1, Line 17

At end insert -

'(aa) require a professional body to provide the Commissioner with such information in relation to the number of complaints made against the members of that body as the Commissioner may specify;'

Minister of Finance and Personnel

Amendment 2 [Made]

Clause 8, Page 5, Line 4

After 'privileged' insert 'unless the publication is proved to be made with malice'

Minister of Finance and Personnel

Amendment 3 [Made]

Clause 17, Page 8, Line 12

Leave out ', without consideration of its merits'

Minister of Finance and Personnel

Amendment 4 [Made]

Clause 19, Page 10, Line 18

After 'apology' insert '(which shall not, of itself, amount to an admission of negligence for the purpose of any civil proceedings)'

Minister of Finance and Personnel

Amendment 5 [Made]

Clause 29, Page 15, Line 26

At end insert -

'(1A) The Law Society must make regulations requiring every solicitor to provide the Law Society with such information about the number of relevant complaints made in relation to that solicitor as may be specified in the regulations.'

Minister of Finance and Personnel

Amendment 6 [Made]

Clause 29, Page 15, Line 28

After '(1)' insert 'and (1A)'

Minister of Finance and Personnel

Amendment 7 [Made]

Clause 29, Page 15, Line 29

After '(1)' insert 'and (1A)'

Minister of Finance and Personnel

Amendment 8 [Made]

Clause 36, Page 18, Line 12

Leave out ', without consideration of its merits'

Minister of Finance and Personnel

Amendment 9 [Made]

Clause 38, Page 20, Line 18

After 'apology' insert '(which shall not, of itself, amount to an admission of negligence for the purpose of any civil proceedings)'

Minister of Finance and Personnel

Amendment 10 [Made on division]

New Clause

After clause 50 insert -

'Review

50A.—(1) The Department must not later than 3 years after the commencement of this Act appoint an independent person to review and publish a report on the implementation of this Act.

(2) Regulations under this section shall set out the terms of the review.'

Chair, Committee for Finance and Personnel

Amendment 11 [Made]

Clause 51, Page 26, Line 32

Leave out 'and' and insert 'but'

Minister of Finance and Personnel

Amendment 12 [Made]

Clause 51, Page 26, Line 33

Leave out 'does so' and insert 'modifies an Act of Parliament or Northern Ireland legislation'

Minister of Finance and Personnel

Amendment 13 [Made]

Schedule 1, Page 31, Line 29

After 'report' insert ', in such form as the Department may require,'

Minister of Finance and Personnel

Amendment 14 [Made]

Schedule 1, Page 31, Line 30

At end insert -

'(1A) Without prejudice to the generality of sub-paragraph (1), a report sent to the Department under that sub-paragraph must contain information about the number of complaints made in relation to the members of each professional body during the year to which the report relates.'

Minister of Finance and Personnel

Papers Presented to the Assembly on
13 January 2016 – 18 January 2016

1. Acts of the Northern Ireland Assembly

Pension Schemes Act (Northern Ireland) 2016.

2. Bills of the Northern Ireland Assembly

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

Budget 2016/2017 (DFP).

The Northern Ireland Social Security Agency Social Fund Account for the year ended 31 March 2015 (NIAO).

DUP Committee Membership as referred to in the Committee Membership Motion on the Order Paper of 18 January 2016 (DUP).

Northern Ireland Courts and Tribunal Service Trust Statement 2014/2015 for the year ended 31 March 2015 (DOJ).

5. Assembly Reports

Eighth Report of the Examiner of Statutory Rules (NIA 297/11-16) (ESR).

Report on the Inclusion in the Arts of Working Class Communities (NIA 298/11-16) (Committee for Culture, Arts and Leisure).

Report on the Justice No.2 Bill (NIA Bill 57/11-16) (NIA Report 292/11-16) (Committee for Justice).

6. Statutory Rules

S.R. 2016/1 The Human Trafficking and Exploitation (Slavery and Trafficking Orders) (Notification Requirements) Regulations (Northern Ireland) 2016 (DOJ).

S.R. 2016/6 The Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2016 (DSD).

S.R. 2016/000 (Draft) The Human Trafficking and Exploitation (Amendment of Slavery or Human Trafficking Offences and Relevant UK Orders) Order (Northern Ireland) 2016 (DOJ).

S.R. 2016/000 (Draft) The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (DETI).

S.R. 2016/000 (Draft) The Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order (Northern Ireland) 2016 (DOJ).

S.R. 2016/000 (Draft) The Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order (Northern Ireland) 2016 (DOJ).

S.R. 2016/000 (Draft) The Proceeds of Crime Act 2002 (Investigations: Code of Practice) Order (Northern Ireland) 2016 (DOJ).

For Information Only

S.R. 2015/412 (Correction Slip) The HIV Testing Kits and Services (Revocation) Regulations (Northern Ireland) 2015 (DHSSPS).

7. Written Ministerial Statements

8. Consultation Documents

Draft Statutory Rules to Provide Privileged Access to Information Contained in Court and Inquest Files (DCAL).

9. Departmental Publications

10. Agency Publications

11. Westminster Publications

12. Miscellaneous Publications