Minutes of Proceedings
Session: Session currently unavailable
Date: 29 February 2016
The Assembly met at noon, the Principal Deputy Speaker (Mr Newton) in the Chair.
1. Personal Prayer or Meditation
Members observed two minutes' silence.
2. Speaker's Business
2.1 Royal Assent – Departments Act (Northern Ireland) 2016
The Principal Deputy Speaker informed Members that Royal Assent had been signified, on 29 February 2016, to the Departments Act (Northern Ireland) 2016.
3. Assembly Business
3.1 Motion – Suspension of Standing Orders
Proposed:
That Standing Orders 10(2) to 10(4) be suspended for 29 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.
4. Executive Committee Business
4.1 Further Consideration Stage – Rural Needs Bill (NIA Bill 67/11-16)
The Minister of Agriculture and Rural Development, Mrs Michelle O'Neill, moved the Further Consideration Stage of the Rural Needs Bill (NIA Bill 67/11-16).
Seven 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 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.
After debate, amendment 5 to Clause 1 was made without division.
After debate, amendment 6 to Clause 3 was made without division.
After debate, amendment 7 to Clause 5 was made without division.
The Rural Needs Bill (NIA Bill 67/11-16) stood referred to the Speaker in accordance with section 10 of the Northern Ireland Act 1998.
4.2 Legislative Consent Motion – Criminal Cases Review Commission (Information) Bill
Proposed:
That that this Assembly endorses the principle of the extension to Northern Ireland of the provisions of the Criminal Cases Review Commission (Information) Bill.
Minister of Justice
Debate ensued.
The Question being put, the Motion was carried without division.
4.3 Motion – Draft Teachers' Pension Scheme (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016
Proposed:
That the draft Teachers' Pension Scheme (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016 be approved.
Minister of Education
Debate ensued.
The Question being put, the Motion was carried without division.
4.4 Final Stage – Credit Unions and Co-operative and Community Benefit Societies Bill (NIA Bill 56/11-16)
The Minister of Enterprise, Trade and Investment, Mr Jonathan Bell, moved that the Final Stage of the Credit Unions and Co-operative and Community Benefit Societies Bill (NIA Bill 56/11-16) do now pass.
Debate ensued.
The Credit Unions and Co-operative and Community Benefit Societies Bill (NIA Bill 56/11-16) passed Final Stage.
4.5 Legislative Consent Motion – Enterprise Bill: Small Business Commissioner Provisions
Proposed:
That this Assembly endorses the principle of the extension to Northern Ireland of the provisions in the Enterprise Bill dealing with the Small Business Commissioner.
Minister of Enterprise, Trade and Investment
Debate ensued.
The Deputy Speaker (Mr Beggs) in the Chair.
The Question being put, the Motion was carried without division.
4.6 Motion – Draft Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016
Proposed:
That the draft Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 be approved.
Minister of Enterprise, Trade and Investment
Debate ensued.
The Question being put, the Motion was carried without division.
4.7 Motion – Draft Renewables Obligation (Amendment) Order (Northern Ireland) 2016
Proposed:
That the draft Renewables Obligation (Amendment) Order (Northern Ireland) 2016 be approved.
Minister of Enterprise, Trade and Investment
Debate ensued.
The Question being put, the Motion was carried without division.
The sitting was suspended at 1.17pm.
The sitting resumed at 1.30pm, with the Principal Deputy Speaker (Mr Newton) in the Chair.
5. Private Members' Business
5.1 Consideration Stage – Licensing Bill (NIA Bill 69/11-16)
The sponsor of the Bill, Mrs Judith Cochrane, moved the Consideration Stage of the Licensing Bill (NIA Bill 69/11-16).
13 amendments were tabled to the Bill.
Clauses
The question being put, it was agreed without division that Clause 1 stand part of the Bill.
The debate was suspended for Question Time.
The Deputy Speaker (Mr Beggs) in the Chair.
6. Question Time
6.1 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.
The Speaker in the Chair.
6.2 Culture, Arts and Leisure
Questions were put to, and answered by, the Minister of Culture, Arts and Leisure, Ms Carál Ní Chuilín.
The Deputy Speaker (Mr Dallat) in the Chair.
7. Private Members' Business (cont'd)
7.1 Consideration Stage – Licensing Bill (NIA Bill 69/11-16) (cont'd)
Debate resumed.
After debate, amendment 1 to Clause 2 was made without division.
After debate, amendment 2 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 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 5 to Clause 4 was made without division.
After debate, amendment 6 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.
After debate, amendment 7 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 Clause 6 stand part of the Bill.
After debate, amendment 8 to Clause 7 was made without division.
After debate, amendment 9 to Clause 7 was made without division.
After debate, amendment 10 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.
After debate, amendment 11 to Clause 8 was made without division.
After debate, amendment 12 to Clause 8 was made without division.
After debate, amendment 13 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.
Long Title
The question being put, it was agreed without division that the Long Title stand part of the Bill.
The Licensing Bill (NIA Bill 69/11-16) stood referred to the Speaker.
7.2 Final Stage – Assembly and Executive Reform (Assembly Opposition) Bill (NIA Bill 62/11-16)
The sponsor of the Bill, Mr John McCallister, moved that the Final Stage of the Assembly and Executive Reform (Assembly Opposition) Bill (NIA Bill 62/11-16) do now pass.
Debate ensued.
The Assembly and Executive Reform (Assembly Opposition) Bill (NIA Bill 62/11-16) passed Final Stage (Division 1).
7.3 Consideration Stage – Scrap Metal Dealers Bill (NIA Bill 65/11-16)
The sponsor of the Bill, Mr Roy Beggs, moved the Consideration Stage of the Scrap Metal Dealers Bill (NIA Bill 65/11-16).
Fifty-eight amendments were tabled to the Bill.
The Principal Deputy Speaker (Mr Newton) in the Chair.
Clauses
After debate, the question that Clause 1 stand part of the Bill, was negatived without division.
After debate, the question that Clause 2 stand part of the Bill, was negatived without division.
After debate, the question that Clause 3 stand part of the Bill, was negatived without division.
After debate, the question that Clause 4 stand part of the Bill, was negatived without division.
After debate, the question that Clause 5 stand part of the Bill, was negatived without division.
After debate, the question that Clause 6 stand part of the Bill, was negatived without division.
After debate, the question that Clause 7 stand part of the Bill, was negatived without division.
After debate, amendment 1 to Clause 8 was negatived without division.
After debate, amendment 2 to Clause 8 was negatived without division.
After debate, amendment 3 to Clause 8 was negatived on division (Division 2).
As amendment 3 was not made, amendment 4 was not called.
After debate, amendment 5 to Clause 8 was negatived without division.
As amendment 5 was not made, amendment 6 was not called.
As amendment 6 was not made, amendment 7 was not called.
As neither amendment 3 nor amendment 5 was made, amendment 8 was not called.
After debate, the question that Clause 8 stand part of the Bill, was negatived without division.
After debate, amendment 9 to Clause 9 was negatived without division.
After debate, amendment 10 to Clause 9 was negatived without division.
After debate, the question that Clause 9 stand part of the Bill, was negatived without division.
After debate, the question that Clause 10 stand part of the Bill, was negatived without division.
After debate, amendment 11 inserting a new Clause 10A was negatived without division.
After debate, amendment 12 to Clause 11 was negatived without division.
Amendment 13 was not moved.
After debate, the question that Clause 11 stand part of the Bill, was negatived without division.
After debate, the question that Clause 12 stand part of the Bill, was negatived without division.
As Clause 11 did not stand part, amendment 14 was not called.
Amendment 15 was not moved.
As Clause 11 did not stand part, amendment 16 was not called.
Amendment 17 was not moved.
Amendment 18 was not moved.
As Clause 11 did not stand part, amendment 19 was not called.
As amendment 14 was not made, amendment 20 was not called.
Amendment 21 was not moved.
After debate, the question that Clause 13 stand part of the Bill, was negatived without division.
After debate, amendment 22 to Clause 14 was negatived without division.
Amendment 23 was not moved.
After debate, amendment 24 to Clause 14 was negatived without division.
As amendment 22 was not made, amendment 25 was not called.
Amendment 26 was not moved.
As amendment 24 was not made, amendment 27 was not called.
After debate, amendment 28 to Clause 14 was negatived without division.
As amendment 22 was not made, amendments 29 to 32 were not called.
Amendment 33 was not moved.
As amendment 22 was not made, amendments 34 to 39 were not called.
After debate, the question that Clause 14 stand part of the Bill, was negatived without division.
After debate, amendment 40 inserting new Clause 14A was negatived without division.
After debate, the question that Clause 15 stand part of the Bill, was negatived without division.
Amendment 41 was not moved.
Amendment 42 was not moved.
Amendment 43 was not moved.
Amendment 44 was not moved.
After debate, the question that Clause 16 stand part of the Bill, was negatived without division.
Amendment 45 was not moved.
As amendment 40 was not made, amendment 46 was not called.
After debate, the question that Clause 17 stand part of the Bill, was negatived without division.
As Clauses 1 to 17 did not stand part, amendments 47 to 54 were not called.
After debate, the question that Clause 18 stand part of the Bill, was negatived without division.
As Clauses 1 to 17 did not stand part, amendments 55 and 56 were not called.
After debate, the question that Clause 19 stand part of the Bill, was negatived without division.
As Clauses 1 to 17 were not made, amendments 57 and 58 were not called.
After debate, the question that Clause 20 stand part of the Bill, was negatived without division.
After debate, the question that Clause 21 stand part of the Bill, was negatived without division.
Schedules
After debate, the question that Schedule 1 stand part of the Bill, was negatived without division.
After debate, the question that Schedule 2 stand part of the Bill, was negatived without division.
Long Title
The question that the Long Title be agreed to, was negatived without division.
8. Adjournment
Proposed:
That the Assembly do now adjourn.
The Principal Deputy Speaker (Mr Newton)
The Assembly adjourned at 8.00pm
Mr Mitchel McLaughlin
The Speaker
29 February 2016
29 February 2016
Division 1
Final Stage – Assembly and Executive Reform (Assembly Opposition) Bill (NIA Bill 62/11-16)
The Question was put and the Assembly divided.
Ayes: 63
Noes: 25
AYES
Mr Agnew, Mr Allen, Mr Allister, Mr Anderson, Mr Attwood, Mr Beggs, Mr Bell, Ms P Bradley, Mrs Cameron, Mr Campbell, Mr Clarke, Mrs Cochrane, Mr Cochrane-Watson, Mr Craig, Mr Cree, Mr Diver, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Eastwood, Dr Farry, Mr Ford, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mrs D Kelly, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyons, Mr McCallister, Mr McCarthy, Mr McCausland, Mr I McCrea, Mr McCrossan, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr A Maginness, Mr Middleton, Lord Morrow, Mr Moutray, Mr Newton, Mrs Overend, Mr Patterson, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Rogers, Mr Ross, Ms Sugden, Mr Swann, Mr Weir, Mr Wells
Tellers for the Ayes: Mr Agnew, Mr McCallister
NOES
Mr Boylan, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Ms Ruane, Mr Sheehan
Tellers for the Noes: Mr McMullan, Mr Ó hOisín
The Motion was carried.
29 February 2016
Division 2
Consideration Stage – Scrap Metal Dealers Bill (NIA Bill 65/11-16) (Amendment 3)
The Question was put and the Assembly divided.
Ayes: 18
Noes: 43
AYES
Mr Agnew, Mr Allen, Mr Allister, Mr Attwood, Mr Beggs, Mr Cochrane-Watson, Mr Cree, Mrs Dobson, Mr Gardiner, Mr Kennedy, Mr McCallister, Mr McGimpsey, Mr McGlone, Mrs McKevitt, Mr A Maginness, Mrs Overend, Mr Patterson, Mr Swann
Tellers for the Ayes: Mr Beggs, Mr Patterson
NOES
Mr Anderson, Mr Boylan, Ms P Bradley, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Dr Farry, Ms Fearon, Mr Flanagan, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Ms Lo, Mr Lyons, Mr F McCann, Mr McCausland, Ms McCorley, Mr I McCrea, Mr McElduff, Ms McGahan, Mr D McIlveen, Mr Maskey, Mr Milne, Lord Morrow, Mr Moutray, Mr Ó Muilleoir, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Mr Sheehan, Mr Weir, Mr Wells
Tellers for the Noes: Mr Milne, Mr G Robinson
Amendment 3 was negatived.
Rural Needs Bill
Annotated Marshalled List of Amendments
Further Consideration Stage
Monday 29 February 2016
Amendments tabled up to 9.30am Wednesday, 24 February 2016 and selected for debate.
Amendment 1 [Made]
Clause 1, Page 1, Line 10
After 'appropriate,' insert 'by order'
Minister of Agriculture and Rural Development
Amendment 2 [Made]
Clause 1, Page 1, Line 14
After first 'a' insert 'body or'
Minister of Agriculture and Rural Development
Amendment 3 [Made]
Clause 1, Page 1, Line 17
After first 'a' insert 'body or'
Minister of Agriculture and Rural Development
Amendment 4 [Made]
Clause 1, Page 1, Line 18
After first 'the' insert 'body or'
Minister of Agriculture and Rural Development
Amendment 5 [Made]
Clause 1, Page 1, Line 18
After first 'a' insert 'body or'
Minister of Agriculture and Rural Development
Amendment 6 [Made]
Clause 3, Page 2, Line 16
After '(1)' insert '(c)'
Minister of Agriculture and Rural Development
Amendment 7 [Made]
Clause 5, Page 2, Line 29
Leave out '2017' and insert '2018'
Minister of Agriculture and Rural Development
Northern Ireland
Assembly
Licensing Bill
Annotated Marshalled List of Amendments
Consideration Stage
Monday 29 February 2016
Amendments tabled up to 9.30am Wednesday, 24 February 2016 and selected for debate.
Amendment 1 [Made]
Clause 2, Page 1, Line 12
Leave out subsection (3)
Mrs Judith Cochrane
Amendment 2 [Made]
Clause 2, Page 1, Line 12
Leave out subsection (4) and insert -
'(4) After Article 2A of the principal Order insert—
"Meaning of "outdoor stadium"
2AA. In this Order "outdoor stadium" means any premises—
(a) which are structurally adapted and used, or intended to be used, for the purpose of providing a venue primarily for a variety of outdoor sporting events and other activities,
(b) which include one or more areas for indoor events and activities, and
(c) which are designated in regulations as a stadium which the Department considers to be of importance to the whole of Northern Ireland.".'
Mrs Judith Cochrane
Amendment 3 [Made]
Clause 3, Page 2, Line 10
Leave out 'paragraphs' and insert 'subsections'
Mrs Judith Cochrane
Amendment 4 [Made]
Clause 3, Page 2, Line 14
Leave out subsection (4) and insert -
'(4) In each of the following provisions of the principal Order, for "(k)" there shall be substituted "(l)"—
(a) Article 2(4) (meaning of references to premises);
(b) Article 15(2)(e)(ii) (renewal of licences);
(c) Article 22(6)(c)(ii) (transfer of licences).'
Mrs Judith Cochrane
Amendment 5 [Made]
Clause 4, Page 2, Line 21
Leave paragraph (a)
Mrs Judith Cochrane
Amendment 6 [Made]
Clause 4, Page 2, Line 26
Leave out subsection (3) and insert -
'(3) In Article 77A of the principal Order (the cross-heading before which becomes "Indoor arenas and outdoor stadia" and the title to which becomes "Attachment of conditions to licences for indoor arenas or outdoor stadia"), in paragraph (1), after "indoor arena" insert "or outdoor stadium".'
Mrs Judith Cochrane
Amendment 7 [Made]
Clause 5, Page 3, Line 4
Leave out 'an'
Mrs Judith Cochrane
Amendment 8 [Made]
Clause 7, Page 3, Line 10
Leave out subsections (1) and (2) and insert-
'(1) In Article 52A of the principal Order (the title to which becomes "Indoor arenas and outdoor stadia"), in paragraph (1), after "indoor arena" insert "or outdoor stadium".'
Mrs Judith Cochrane
Amendment 9 [Made]
Clause 7, Page 3, Line 15
Leave out "inserted—" and insert "inserted; "or"
Mrs Judith Cochrane
Amendment 10 [Made]
Clause 7, Page 3, Line 18
At end insert -
'(4) In Part 1 of Schedule 10A to the principal Order (penalty points for offences punishable with level 3 fine on the standard scale), in the entry for Article 52A(2), after "indoor arenas" insert "or outdoor stadia".'
Mrs Judith Cochrane
Amendment 11 [Made]
Clause 8, Page 3, Line 20
Leave out subsections (1) and (2) and insert-
'(1) This Act comes into operation on 1 September 2016.'
Mrs Judith Cochrane
Amendment 12 [Made]
Clause 8, Page 3, Line 24
Leave out 'is made by negative resolution and'
Mrs Judith Cochrane
Amendment 13 [Made]
Clause 8, Page 3, Line 27
After 'order' insert '; and an order under this section containing such provision or such modifications is subject to negative resolution.'
Mrs Judith Cochrane
Scrap Metal Dealers Bill
Annotated Marshalled List of Amendments
Consideration Stage
Monday 29 February 2016
Amendments tabled up to 9.30am Wednesday, 24 February 2016 and selected for debate.
The Bill will be considered in the following order
Clauses, Schedules and Long Title
Clause 1 [Question that Clause 1 stand part negatived]
The Member listed below gives notice of his intention to oppose the question that Clause 1 stand part of the Bill.
Mr Roy Beggs
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Clause 2 [Question that Clause 2 stand part negatived]
The Member listed below gives notice of his intention to oppose the question that Clause 2 stand part of the Bill.
Mr Roy Beggs
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Clause 3 [Question that Clause 3 stand part negatived]
The Member listed below gives notice of his intention to oppose the question that Clause 3 stand part of the Bill.
Mr Roy Beggs
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Clause 4 [Question that Clause 4 stand part negatived]
The Member listed below gives notice of his intention to oppose the question that Clause 4 stand part of the Bill.
Mr Roy Beggs
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Clause 5 [Question that Clause 5 stand part negatived]
The Member listed below gives notice of his intention to oppose the question that Clause 5 stand part of the Bill.
Mr Roy Beggs
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Clause 6 [Question that Clause 6 stand part negatived]
The Member listed below gives notice of his intention to oppose the question that Clause 6 stand part of the Bill.
Mr Roy Beggs
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Clause 7 [Question that Clause 7 stand part negatived]
The Member listed below gives notice of his intention to oppose the question that Clause 7 stand part of the Bill.
Mr Roy Beggs
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Amendment 1 [Negatived]
Clause 8, Page 4, Line 17
Leave out 'site' and insert 'waste management'
Mr Roy Beggs
Amendment 2 [Negatived]
Clause 8, Page 4, Line 18
Leave out 'each site identified' and insert 'the site specified'
Mr Roy Beggs
Amendment 3 [Negatived on Division]
Clause 8, Page 4, Line 18
At end insert -
'(1A) A scrap metal dealer who is a registered waste dealer must display the required particulars of the registration at any premises used by the dealer in the course of that business.'
Mr Roy Beggs
Amendment 4 [Not called]
Clause 8, Page 4, Line 19
Leave out 'referred to in section 8(1)' and insert 'and particulars referred to in subsections (1) and (1A)'
Mr Roy Beggs
Amendment 5 [Negatived]
Clause 8, Page 4, Line 21
Leave out from 'holds' to 'licence' on line 22 and insert 'is a registered waste carrier must display the required particulars of the registration'
Mr Roy Beggs
Amendment 6 [Not called]
Clause 8, Page 4, Line 23
Leave out 'copy licence' and insert 'particulars'
Mr Roy Beggs
Amendment 7 [Not called]
Clause 8, Page 4, Line 24
Leave out 'it' and insert 'them'
Mr Roy Beggs
Amendment 8 [Not called]
Clause 8, Page 4, Line 24
At end insert -
'(4A) In this section—
(a) a "registered waste dealer" is a person registered as a dealer in waste in the register established and maintained under Schedule 4 to the Waste Management Licensing Regulations (Northern Ireland) 2003 ("the 2003 Regulations");
(b) a "registered waste carrier" is a person registered in the register established and maintained under regulations under Article 39 of the 1997 Order.
(4B) The required particulars are—
(a) in the case of a registered waste dealer, a copy of any document showing details of the dealer's entry in the register (provided to the dealer under the 2003 Regulations);
(b) in the case of a registered waste carrier, a copy of any certificate of registration issued under regulations under Article 39(2)(c) of the 1997 Order;
(c) in either case, such alternative or additional particulars as may be prescribed in regulations made by the Department.'
Mr Roy Beggs
Clause 8 [Question that Clause 8 stand part negatived]
The Members listed below give notice of their intention to oppose the question that Clause 8 stand part of the Bill.
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Amendment 9 [Negatived]
Clause 9, Page 4, Line 31
Leave out from 'by' to end of line 34 and insert -
'—
(a) in the case of the person's full name, by reference to a document falling within subsection (3) or prescribed under subsection (4)(a);
(b) in the case of the person's address, by reference to a document falling within subsection (3A) or (3B) or to documents, data or other information prescribed under subsection (4)(b).'
Mr Roy Beggs
Amendment 10 [Negatived]
Clause 9, Page 4, Line 35
Leave out subsections (3) and (4) and insert -
'(3) The following documents fall within this subsection (verification of full name)—
(a) a United Kingdom passport, within the meaning of section 33(1) of the Immigration Act 1971;
(b) a passport issued by the Government of an EEA state;
(c) a photocard driving licence granted under section 97 of the Road Traffic Act 1988 or Article 13 of the Road Traffic (Northern Ireland) Order 1981;
(d) a driving licence issued by the Government of an EEA state if the licence bears the photograph of the person to whom it is issued;
(e) an electoral identity card issued under section 13C of the Representation of the People Act 1983;
(f) a 60+ or Senior SmartPass, a Registered Blind SmartPass or a War Disablement SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;
(g) a biometric immigration document issued in accordance with regulations made under section 5 of the UK Borders Act 2007.
(3A) The following documents fall within this subsection (verification of address)—
(a) a photocard driving licence granted under section 97 of the Road Traffic Act 1988 or Article 13 of the Road Traffic (Northern Ireland) Order 1981;
(b) a driving licence issued by the Government of an EEA state if the licence bears the name and address of the person to whom it is issued.
(3B) A document falls within this subsection (verification of address) if bears both the name and the address of the person in question, was issued within the period of 3 months ending with the date on which the address is verified and is any of the following—
(a) a bill or statement of account issued in respect of the supply of gas, water, electricity or telecommunications services to premises at the address in question;
(b) a statement issued by a bank or building society relating to—
(i) an account held at the bank or building society, or
(ii) a loan secured on a mortgage held by the bank or building society;
(c) a bill or statement of account issued by a bank or building society in respect of a debit or credit card;
(d) a bill or statement of account, issued by the Department of Finance and Personnel, relating to a rate payable under the Rates (Northern Ireland) Order 1977 in respect of premises at the address in question;
(e) a bill or statement issued by a credit union (within the meaning of Article 2 of the Credit Unions (Northern Ireland) Order 1985) relating to an account with the credit union.
(4) The Department may prescribe in regulations—
(a) documents, bearing a photograph of the person concerned, which are sufficient for the purpose of verifying a person's full name;
(b) other documents, data or other information which are sufficient for the purpose of verifying a person's address.
(4A) The Department may by regulations make such changes to subsections (3), (3A) and (3B) as it considers necessary in consequence of any change to the name or form of any document mentioned in those subsections, or to any legislation or scheme under which any such document is issued'
Mr Roy Beggs
Clause 9 [Question that Clause 9 stand part negatived]
The Members listed below give notice of their intention to oppose the question that Clause 9 stand part of the Bill.
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Clause 10 [Question that Clause 10 stand part negatived]
The Member listed below gives notice of his intention to oppose the question that Clause 10 stand part of the Bill.
Mr Roy Beggs
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Amendment 11 [Negatived]
New Clause
After Clause 10 insert -
'Power to make it an offence to buy scrap metal for cash etc.
10A.—(1) The Department may make regulations that—
(a) prohibit scrap metal dealers from paying for scrap metal by means specified in the regulations;
(b) prohibit scrap metal dealers from paying for scrap metal by any means except those specified in the regulations.
(2) Regulations under subsection (1)(a) may, in particular, prohibit payment for scrap metal with cash.
(3) Regulations under subsection (1)(b) may, in particular, specify payment by cheques (or a specified description of cheque) or payment by an electronic transfer of funds.
(4) Regulations under subsection (1) may—
(a) provide for the meaning of "paying" for scrap metal;
(b) provide for exceptions from any prohibition imposed by the regulations;
(c) provide for it to be an offence to breach any such prohibition.
(5) Before making regulations under this section the Department must consult—
(a) the Department of Justice,
(b) the Chief Constable, and
(c) such representatives of scrap metal dealers as the Department considers appropriate.'
Mr Roy Beggs
Amendment 12 [Negatived]
Clause 11, Page 6, Line 30
After '1994)' insert 'or identification mark (within the meaning of section 131 of the Finance Act, 1992 (an Act of the Oireachtas))'
Mr Roy Beggs
Amendment 13 [Not Moved]
Clause 11, Page 7, Line 5
Leave out subsections (7) to (9)
Mr Roy Beggs
Clause 11 [Question that Clause 11 stand part negatived]
The Members listed below give notice of their intention to oppose the question that Clause 11 stand part of the Bill.
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Clause 12 [Question that Clause 12 stand part negatived]
The Member listed below gives notice of his intention to oppose the question that Clause 12 stand part of the Bill.
Mr Roy Beggs
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Amendment 14 [Not Called]
Clause 13, Page 8, Line 7
Leave out from 'sections' to '(4)' on line 8 and insert 'section 11(2), (5) and (6)'
Mr Roy Beggs
Amendment 15 [Not Moved]
Clause 13, Page 8, Line 11
Leave out paragraph (b)
Mr Roy Beggs
Amendment 16 [Not Called]
Clause 13, Page 8, Line 16
Leave out 'sections 11(2) to (6) and 12(3) and (4)' and insert 'section 11(2) to (6)'
Mr Roy Beggs
Amendment 17 [Not Moved]
Clause 13, Page 8, Line 16
Leave out '1 year' and insert '2 years'
Mr Roy Beggs
Amendment 18 [Not Moved]
Clause 13, Page 8, Line 17
Leave out 'or (as the case may be) disposed of'
Mr Roy Beggs
Amendment 19 [Not Called]
Clause 13, Page 8, Line 17
At end insert -
'(3A) The Department may in regulations make such provision as it thinks appropriate to enable or require the information or other records mentioned in section 11(2) to (6) to be recorded in, or kept together with, any document that is required to be made or retained under regulations under Article 5(7) of the 1997 Order (duty of care: waste transfer notes).'
Mr Roy Beggs
Amendment 20 [Not Called]
Clause 13, Page 8, Line 18
Leave out 'or 12'
Mr Roy Beggs
Amendment 21 [Not Moved]
Clause 13, Page 8, Line 21
Leave out 'or (as the case may be) despatched from'
Mr Roy Beggs
Clause 13 [Question that Clause 13 stand part negatived]
The Members listed below give notice of their intention to oppose the question that Clause 13 stand part of the Bill.
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Amendment 22 [Negatived]
Clause 14, Page 8, Line 33
At beginning' insert 'An authorised official or'
Mr Roy Beggs
Amendment 23 [Not Moved]
Clause 14, Page 8, Line 33
Leave out 'a licensed site' and insert 'premises within subsection (3)'
Mr Roy Beggs
Amendment 24 [Negatived]
Clause 14, Page 8, Line 34
At end insert '(in the case of a licensed site) or any person who appears to be in charge of the premises (in any other case)'
Mr Roy Beggs
Amendment 25 [Not Called]
Clause 14, Page 8, Line 35
At beginning insert 'An authorised official or'
Mr Roy Beggs
Amendment 26 [Not Moved]
Clause 14, Page 8, Line 35
Leave out 'a licensed site' and insert 'premises within subsection (3)'
Mr Roy Beggs
Amendment 27 [Not Called]
Clause 14, Page 8, Line 36
After 'manager' insert 'or other person who appears to be in charge of the premises (as the case may be)'
Mr Roy Beggs
Amendment 28 [Negatived]
Clause 14, Page 8, Line 42
Leave out subsection (3) and insert -
'(3) Premises are within this subsection if they are not residential premises and—
(a) are a licensed site, or
(b) are not a licensed site but there are reasonable grounds for believing that the premises are being used by a scrap metal dealer in the course of business.'
Mr Roy Beggs
Amendment 29 [Not Called]
Clause 14, Page 9, Line 1
At beginning insert 'An authorised official or'
Mr Roy Beggs
Amendment 30 [Not Called]
Clause 14, Page 9, Line 17
After 'authorises' insert 'an authorised official or'
Mr Roy Beggs
Amendment 31 [Not Called]
Clause 14, Page 9, Line 19
At beginning insert 'An authorised official or'
Mr Roy Beggs
Amendment 32 [Not Called]
Clause 14, Page 9, Line 21
At beginning insert 'An authorised official or'
Mr Roy Beggs
Amendment 33 [Not Moved]
Clause 14, Page 9, Line 25
Leave out 'or 12'
Mr Roy Beggs
Amendment 34 [Not Called]
Clause 14, Page 9, Line 27
Leave out 'a constable' and insert 'an authorised official or a constable ("the officer")'
Mr Roy Beggs
Amendment 35 [Not Called]
Clause 14, Page 9, Line 30
Leave out 'constable' and insert 'officer'
Mr Roy Beggs
Amendment 36 [Not Called]
Clause 14, Page 9, Line 31
Leave out 'constable's' and insert 'officer's'
Mr Roy Beggs
Amendment 37 [Not Called]
Clause 14, Page 9, Line 32
Leave out 'constable's' and insert 'officer's'
Mr Roy Beggs
Amendment 38 [Not Called]
Clause 14, Page 9, Line 33
Leave out 'constable' and insert 'officer'
Mr Roy Beggs
Amendment 39 [Not Called]
Clause 14, Page 9, Line 38
At end insert -
'(13) In this section an "authorised official" is an officer of the Department who is authorised for the purposes of this section by the Department.'
Mr Roy Beggs
Clause 14 [Question that Clause 14 stand part negatived]
The Members listed below give notice of their intention to oppose the question that Clause 14 stand part of the Bill.
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Amendment 40 [Negatived]
New Clause
After Clause 14 insert -
'Power to make provision for closing unlicensed sites
14A.—(1) The Department may in regulations make provision for the making of closure orders in respect of premises which—
(a) are being used by a scrap metal dealer to keep or treat metal in the course of business, but
(b) are not a licensed site.
(2) A closure order is an order, made by a court, which requires—
(a) that the premises in respect of which it is made be closed to the public (and remain closed until a specified event), and
(b) that use of the premises by a scrap metal dealer in the course of business be discontinued immediately.
(3) Regulations under subsection (1) may in particular—
(a) specify which courts may make a closure order and who may apply for one;
(b) require a prospective applicant, before applying for a closure order, to issue a notice to specified persons stating its intention to apply for such an order;
(c) provide for the cancellation of such a notice in specified circumstances;
(d) provide for the procedure for an application for a closure order;
(e) specify other conditions which must be satisfied before an application for a closure may be made, or before the court may make an order;
(f) specify requirements (in addition to those set out in subsection (2)(a) and (b)) which may be imposed by a closure order;
(g) provide for the termination of a closure order by a person other than a court, or for its discharge by a court;
(h) provide for appeals against any decision in relation to a closure order;
(i) provide for how a closure order is to be enforced (including by conferring of powers of entry and by the creation of offences).
(4) "Specify" means specify in the regulations.'
Mr Roy Beggs
Clause 15 [Question that Clause 15 stand part negatived]
The Member listed below gives notice of his intention to oppose the question that Clause 15 stand part of the Bill.
Mr Roy Beggs
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Amendment 41 [Not Moved]
New Clause
After Clause 15 insert -
'Offences by bodies corporate and partnerships
15A.—(1) For the purposes of an offence under this Act, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (liability of directors, etc, where body corporate commits an offence) applies with the following modifications.
(2) That subsection applies with the omission of the words "the liability of whose members is limited".
(3) In a case where the affairs of a body corporate are managed by its members, that subsection applies in relation to the acts or defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate.
(4) Subsection (5) applies if—
(a) an offence under this Act is committed by a partnership (whether or not a limited partnership), and
(b) it is proved that the offence has been committed with the consent or connivance of, or to be attributable to neglect on the part of—
(i) a partner, or
(ii) a person purporting to act as a partner.
(5) The partner, or the person purporting to act as a partner, commits the offence (as well as the partnership).'
Mr Roy Beggs
Amendment 42 [Not Moved]
Clause 16, Page 10, Line 18
Leave out subsection (3) and insert -
'(3) Subsection (3A) applies to a person who carries on a business which consists primarily in the manufacture of articles or the supply or fitting of products.
(3A) For the purposes of subsection (2)(a), a person to whom this subsection applies is not to be regarded as selling scrap metal if that person sells scrap metal only—
(a) as a by-product of manufacturing articles or making of products to order,
(b) as surplus materials not required for manufacturing articles or making products to order, or
(c) as discarded articles, or waste materials, which have been received by the person in the course of the business, having been replaced by articles or products supplied in the course of it.'
Mr Roy Beggs
Amendment 43 [Not Moved]
Clause 16, Page 10, Line 34
After second 'a' insert 'waste management'
Mr Roy Beggs
Amendment 44 [Not Moved]
Clause 16, Page 11, Line 3
Leave out subsection (8) and insert -
'(8) The Department may by regulations amend the definition of "scrap metal" and "scrap metal dealer" for the purposes of this Act by amending this section.'
Mr Roy Beggs
Clause 16 [Question that Clause 16 stand part negatived]
The Members listed below give notice of their intention to oppose the question that Clause 16 stand part of the Bill.
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Amendment 45 [Not Moved]
New Clause
After Clause 16 insert -
'Meaning of "site manager"
16A.—(1) This section makes provision about the meaning of "site manager" for the purposes of this Act.
(2) Where a waste management licence is granted in respect of a site (within the meaning given by section 18(7)), the holder of the licence must nominate an individual as the site manager, who must be the individual who exercises day-to-day control and management of activities at the site.
(3) An individual may be nominated as site manager at more than one site; but no site may have more than one site manager nominated in relation to it.
(4) The Department may in regulations make further provision in connection with nominations made under subsection (2).
(5) Regulations under subsection (4) may, in particular, provide for the procedure for—
(a) notifying the Department of a nomination under subsection (2);
(b) replacing a nominee.
(6) Regulations under subsection (4) may, in particular, provide for nominated site managers to be included in the register maintained under Article 34 of the 1997 Order; and Articles 35 and 36 of the 1997 Order apply to such information as they apply to information mentioned in Article 34(1).'
Mr Roy Beggs
Amendment 46 [Not Called]
Clause 17, Page 11, Line 8
Leave out subsection (2) and insert -
'(2) Regulations under section 10 or 14A must not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.'
Mr Roy Beggs
Clause 17 [Question that Clause 17 stand part negatived]
The Members listed below give notice of their intention to oppose the question that Clause 17 stand part of the Bill.
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Amendment 47 [Not Called]
Clause 18, Page 11, Line 16
At end insert -
'(1A) "The 1997 Order" means the Waste and Contaminated Land (Northern Ireland) Order 1997.'
Mr Roy Beggs
Amendment 48 [Not Called]
Clause 18, Page 11, Line 18
Leave out 'a site identified in a scrap metal licence' and insert 'land specified in a waste management licence in accordance with Article 6(1) of the 1997 Order'
Mr Roy Beggs
Amendment 49 [Not Called]
Clause 18, Page 11, Line 19
Leave out subsection (4)
Mr Roy Beggs
Amendment 50 [Not Called]
Clause 18, Page 11, Line 20
Leave out subsection (5)
Mr Roy Beggs
Amendment 51 [Not Called]
Clause 18, Page 11, Line 26
Leave out subsection (7) and insert -
'(7) "Site" means any land where scrap metal is kept or treated in the course of carrying on business as a scrap metal dealer.'
Mr Roy Beggs
Amendment 52 [Not Called]
Clause 18, Page 11, Line 28
Leave out subsections (8) and (9)
Mr Roy Beggs
Amendment 53 [Not Called]
Clause 18, Page 11, Line 33
Leave out subsection (10)
Mr Roy Beggs
Amendment 54 [Not Called]
Clause 18, Page 11, Line 35
At end insert -
'(11) "Waste management licence" means a site licence (within the meaning given by the 1997 Order) granted under Article 6(1) of that Order.'
Mr Roy Beggs
Clause 18 [Question that Clause 18 stand part negatived]
The Members listed below give notice of their intention to oppose the question that Clause 18 stand part of the Bill.
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Amendment 55 [Not Called]
Clause 19, Page 12, Line 1
Leave out paragraph (b)
Mr Roy Beggs
Amendment 56 [Not Called]
Clause 19, Page 12, Line 3
Leave out 'under subsection (1)(a)'
Mr Roy Beggs
Clause 19 [Question that Clause 19 stand part negatived]
The Members listed below give notice of their intention to oppose the question that Clause 19 stand part of the Bill.
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Amendment 57 [Not Called]
Clause 20, Page 12, Line 9
Leave out paragraphs (a) and (b)
Mr Roy Beggs
Amendment 58 [Not Called]
Clause 20, Page 12, Line 12
At end insert -
'(2) The report under subsection (1) must be laid before the Assembly not later than 18 months after the day on which the last of the provisions of this Act comes into operation.
(3) If, in relation to any provision of this Act, different days are appointed under section 19(2), the provision is to be regarded for the purposes of subsection (2) as coming into operation on the last of those days.'
Mr Roy Beggs
Clause 20 [Question that Clause 20 stand part negatived]
The Members listed below give notice of their intention to oppose the question that Clause 20 stand part of the Bill.
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Clause 21 [Question that Clause 21 stand part negatived]
The Members listed below give notice of their intention to oppose the question that Clause 21 stand part of the Bill.
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Schedule 1 [Question that Schedule 1 stand part negatived]
The Member listed below gives notice of his intention to oppose the question that Schedule 1 stand part of the Bill.
Mr Roy Beggs
Mr Cathal Boylan
Mr Ian Milne
Mr Barry McElduff
Schedule 2 [Question that Schedule 2 stand part negatived]
The Member listed below gives notice of his intention to oppose the question that Schedule 2 stand part of the Bill.
Mr Roy Beggs
Mr Cathal Boylan
Mr Ian Milne
Papers Presented to the Assembly on
24 - 29 February 2016
1. Acts of the Northern Ireland Assembly
The Departments Act (Northern Ireland) 2016.
2. Bills of the Northern Ireland Assembly
3. Orders in Council
4. Publications Laid in the Northern Ireland Assembly
Victims and Survivors Service Data Retention and Disposal Policy and Schedule (DCAL/PRONI).
5. Assembly Reports
Report on the Governance of Land and Property in the Northern Ireland Housing Executive (NIA 319/11-16) (Public Accounts Committee).
Eleventh Report of the Examiner of Statutory Riles, Session 2015-16 (Examiner of Statutory Rules).
6. Statutory Rules
S.R. 2016/000 (Draft) The Local Government (Community Planning Partners) Order (Northern Ireland) 2016 (DOE).
S.R. 2016/47 The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2016 (DETI).
S.R. 2016/48 The Modern Slavery Act 2015 (Duty to co-operate with Commissioner) (Northern Irish Public Authority) Regulations (Northern Ireland) 2016 (DOJ).
S.R. 2016/49 The Working Time Regulations (Northern Ireland) 2016 (DEL).
S.R. 2016/54 The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016 (DARD).
S.R. 2016/58 The Criminal Justice Act 1988 (Reviews of Sentencing) Order (Northern Ireland) 2016 (DOJ).
S.R. 2016/69 The Rates (Automatic Telling Machines) (Designation of Rural Areas) Order (Northern Ireland) 2016 (DFP).
S.R. 2016/70 The Superannuation (Certification Officer for Northern Ireland) Order (Northern Ireland) 2016 (DFP).
S.R 2016/71 The Public Service Pensions (Certification Officer for Northern Ireland) Regulations (Northern Ireland) 2016 (DFP).
S.R. 2016/73 The Train Driving Licences and Certificates (Amendment) Regulations (Northern Ireland) 2016 (DRD).
S.R. 2016/74 The Damages for Bereavement (Variation of Sum) (Northern Ireland) Order 2016 (DOJ).
S.R. 2016/76 The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (OFMDFM).
S.R. 2016/78 The Pensions (2015 Act) (Consequential and Supplementary Amendments) Order (Northern Ireland) 2016 (DSD).
S.R. 2016/79 The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2016 (DOE).
S.R. 2016/80 The State Pension (Amendment) Regulations (Northern Ireland) 2016 (DSD).
S.R. 2016/81 The Modern Slavery Act 2015 (Power of Arrest: Code of Practice) Order (Northern Ireland) 2016 (DOJ).
For Information Only
S.R. 2016/52 The Parking Places, Loading Bays and Waiting Restrictions (Coleraine) (Amendment) Order (Northern Ireland) 2016 (DRD).
S.R. 2016/53 The Parking and Waiting Restrictions (Omagh) (Amendment) Order (Northern Ireland) 2016 (DRD).
7. Written Ministerial Statements
A6 Londonderry to Dungiven Dualling (DRD).
8. Consultation Documents
The Consumer Council - Draft Corporate Plan 2016-2021 (DETI).
The Consumer Council - Draft Forward Work Programme 2016/2017 (DETI).
9. Departmental Publications
Food Standards Agency - Food Law Codes of Practice Northern Ireland (DHSSPS).
10. Agency Publications
11. Westminster Publications
12. Miscellaneous Publications
