Minutes of Proceedings

Session: Session currently unavailable

Date: 09 February 2016

The Assembly met at 10.30am, the Speaker in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes' silence.

2. Assembly Business

2.1 Consideration of business not concluded on Monday 08 February 2016

The Speaker informed the Assembly that all business listed on the Order Paper for 08 February 2016 was concluded.

3. Executive Committee Business

3.1 Final Stage – Environmental Better Regulation Bill (NIA Bill 55/11-16)

The Minister of the Environment, Mr Mark Durkan, moved that the Final Stage of the Environmental Better Regulation Bill (NIA Bill 55/11-16) do now pass.

Debate ensued.

The Environmental Better Regulation Bill (NIA Bill 55/11-16) passed Final Stage.

3.2 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

The Motion was not moved.

3.3 Consideration Stage – Employment Bill (NIA Bill 73/11-16)

The Minister for Employment and Learning, Dr Stephen Farry, moved the Consideration Stage of the Employment Bill (NIA Bill 73/11-16).

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

Clauses

The question being put, it was agreed without division that Clauses 1 to 3 stand part of the Bill.

The question being put, it was negatived without division that Clause 4 stand part of the Bill.

After debate, amendment 1 to Clause 5 was negatived without division.

After debate, amendment 2 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 3 to Clause 7 was made without division.

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

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

After debate, amendment 4 to Clause 9 was negatived without division.

After debate, amendment 5 to Clause 9 was made without division.

The question being put, it was agreed without division that Clause 9, as amended, stand part of the Bill.

After debate, amendment 6 inserting new Clause 9A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 7 inserting new Clause 9B was made without division and it was agreed that the new clause stand part of the Bill.

As the Question that Clauses 4 and 8 stand part was negatived, amendment 8 was not called.

The question being put, it was agreed without division that Clauses 10 to 13 stand part of the Bill.

The sitting was suspended at 12.56pm.

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

4. Question Time

4.1 Employment and Learning

Questions were put to, and answered by, the Minister for Employment and Learning, Dr Stephen Farry.

4.2 Enterprise, Trade and Investment

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

The Deputy Speaker (Mr Beggs) in the Chair.

5. Executive Committee Business (cont'd)

5.1 Consideration Stage – Employment Bill (NIA Bill 73/11-16) (cont'd)

Debate resumed.

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

After debate, amendment 9 to Clause 14 was made without division.

The question being put, it was agreed without division that Clause 14, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 15 and 16 stand part of the Bill.

Amendment 10 was not moved.

After debate, amendment 11 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.

After debate, amendment 12 to Clause 18 was made without division.

After debate, amendment 13 to Clause 18 was made without division.

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

After debate, amendment 14 inserting new Clause 18A was negatived on division (Division 1).

After debate, amendment 15 inserting new Clause 18A was negatived on division (Division 2).

After debate, amendment 16 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.

After debate, amendment 17 to Clause 20 was made without division.

The question being put, it was agreed without division that Clause 20, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 21 to 27 stand part of the Bill.

Schedules

The question being put, it was agreed without division that Schedules 1 and 2 stand part of the Bill.

After debate, amendment 18 to Schedule 3 was made without division.

After debate, amendment 19 to Schedule 3 was made without division.

The question being put, it was agreed without division that Schedule 3, 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 Employment Bill (NIA Bill 73/11-16) stood referred to the Speaker.

5.2 Second Stage – Budget Bill (NIA Bill 77/11-16)

The Minister of Finance and Personnel, Mr Mervyn Storey, moved the Second Stage of the Budget Bill (NIA Bill 77/11-16).

Debate ensued.

The Budget Bill (NIA Bill 77/11-16) passed Second Stage with cross-community support (Division 3).

The sitting was suspended at 10.32pm.

The sitting resumed at 10.30am on Wednesday 10 February 2016, with the Speaker in the Chair.

5.3 Statement – North South Ministerial Council in Agriculture Sectoral Format

The Minister of Agriculture and Rural Development, Mrs Michelle O'Neill, made a statement regarding the twenty-fifth meeting of the North South Ministerial Council in Agriculture Sectoral format, which was held in Armagh on Wednesday 20 January 2016, following which she replied to questions.

5.4 Consideration Stage – Justice (No. 2) Bill (NIA Bill 57/11-16)

The Deputy Speaker (Mr Dallat) in the Chair.

The Minister of Justice, Mr David Ford, moved the Consideration Stage of the Justice (No. 2) Bill.

Eighty-six amendments were tabled to the Bill and selected for debate, as well as notice of intention to oppose the questions that Clauses 38 and 45 stand part of the Bill.

Clauses

After debate, amendment 1 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.

After debate, amendment 2 to Clause 2 was negatived on division (Division 1).

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

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

After debate, amendment 3 to Clause 4 was negatived on division (Division 2).

After debate, amendment 4 to Clause 4 was made without division.

After debate, amendment 5 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 6 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.

After debate, amendment 7 to Clause 6 was made without division.

After debate, amendment 8 to Clause 6 was made without division.

After debate, amendment 9 was not moved.

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

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.

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

After debate, amendment 11 was not moved.

After debate, amendment 12 was not moved.

After debate, amendment 13 was not moved.

After debate, amendment 14 was not moved.

After debate, amendment 15 to Clause 9 was made without division.

The question being put, it was agreed without division that Clause 9, as amended, stand part of the Bill.

After debate, amendment 16 inserting a new Clause 9A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 17 inserting a new Clause 9B was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 18 inserting a new Clause 9C was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 19 inserting a new Clause 9D was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 20 to Clause 10 was negatived without division.

The question being put, it was agreed without division that Clause 10 stand part of the Bill.

After debate, amendment 21 to Clause 11 was made without division.

The question being put, it was agreed without division that Clause 11, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 12 stand part of the Bill.

After debate, amendment 22 inserting new Clause 12A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 23 to Clause 13 was made without division.

The question being put, it was agreed on division that Clause 13, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 14 stand part of the Bill.

After debate, amendment 24 to Clause 15 was negatived without division.

The question being put, it was agreed without division that Clause 15 stand part of the Bill.

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

After debate, amendment 25 to Clause 17 was negatived without division.

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

After debate, amendment 26 to Clause 18 was made without division.

After debate, amendment 27 to Clause 18 was made without division.

After debate, amendment 28 was not moved.

After debate, amendment 29 to Clause 18 was made without division.

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

The question being put, it was agreed without division that Clauses 19 to 21 stand part of the Bill.

After debate, amendment 30 to Clause 22 was made without division.

The question being put, it was agreed without division that Clause 22, as amended, stand part of the Bill.

The sitting was suspended at 1.19pm.

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

After debate, amendment 31 to Clause 23 was made without division.

The question being put, it was agreed without division that Clause 23, as amended, stand part of the Bill.

After debate, amendment 32 to Clause 24 was made without division.

After debate, amendment 33 to Clause 24 was made without division.

After debate, amendment 34 to Clause 24 was made without division.

The question being put, it was agreed without division that Clause 24, as amended, stand part of the Bill.

After debate, amendment 35 to Clause 25 was made without division.

The question being put, it was agreed without division that Clause 25, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 26 stand part of the Bill.

After debate, amendment 36 to Clause 27 was made without division.

The question being put, it was agreed without division that Clause 27, as amended, stand part of the Bill.

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

The Speaker in the Chair.

After debate, amendment 37 to Clause 29 was made without division.

After debate, amendment 38 to Clause 29 was negatived on division (Division 3).

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

After debate, amendment 39 to Clause 30 was made without division.

After debate, amendment 40 to Clause 30 was made without division.

The question being put, it was agreed without division that Clause 30, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 31 stand part of the Bill.

After debate, amendment 41 to Clause 32 was made without division.

The question being put, it was agreed without division that Clause 32, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 33 stand part of the Bill.

After debate, amendment 42 to Clause 34 was made without division.

After debate, amendment 43 to Clause 34 was made without division.

After debate, amendment 44 to Clause 34 was made without division.

The question being put, it was agreed without division that Clause 34, as amended, stand part of the Bill.

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

After debate, amendment 45 inserting new Clause 35A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 46 inserting new Clause 35B was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 47 to Clause 36 was negatived without division.

As amendment 47 was not made, amendment 48 was not called.

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

After debate, amendment 49 to Clause 37 was made without division.

After debate, amendment 50 to Clause 37 was made without division.

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

After debate, the question being put, it was agreed on division that Clause 38 stand part of the Bill (Division 4).

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

After debate, amendment 51 to Clause 40 was made without division.

The question being put, it was agreed without division that Clause 40, as amended, stand part of the Bill.

The Deputy Speaker (Mr Beggs) in the Chair.

The sitting was suspended at 6.06pm.

The sitting resumed at 6.30pm with the Deputy Speaker (Mr Dallat) in the Chair.

After debate, amendment 52 inserting new Clause 40A was made without division and it was agreed that the new clause stand part of the Bill.

The question being put, it was agreed without division that Clauses 41 and 42 stand part of the Bill.

After debate, amendment 53 inserting new Clause 42A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 54 inserting new Clause 42B was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 55 inserting new Clause 42C was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 56 inserting new Clause 42A was not moved.

After debate, amendment 57 inserting new Clause 42B was made without division and it was agreed that the new clause stand part of the Bill.

The question being put, it was agreed without division that Clauses 43 and 44 stand part of the Bill.

After debate, amendment 58 inserting new Clause 44A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 59 inserting new Clause 44B was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 60 inserting new Clause 44C was made without division and it was agreed that the new clause stand part of the Bill.

The Speaker in the Chair.

After debate, amendment 61 inserting new Clause 44A was negatived on division (Division 5).

After debate, amendment 62 inserting new Clause 44A was not moved.

As amendment 62 was not moved, amendment 63 was not called.

After debate, amendment 64 inserting new Clause 44B was not moved.

As amendment 64 was not moved, amendment 65 was not called.

After debate, amendment 66 inserting new Clause 44C was not moved.

As amendment 66 was not moved, amendment 67 was not called.

After debate, amendment 68 inserting new Clause 44A was negatived on division (Division 6).

After debate, the question being put, it was negatived without division that Clause 45 stand part of the Bill.

After debate, amendments 69 to 71 to Clause 46 were made without division.

The question being put, it was agreed without division that Clause 46, as amended, stand part of the Bill.

After debate, amendments 72 and 73 to Clause 47 were made without division.

The question being put, it was agreed without division that Clause 47, as amended, stand part of the Bill.

Schedules

After debate, amendments 74 to 76 to Schedule 1 were made without division.

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

After debate, amendments 77 to 79 to Schedule 2 were made without division.

The question being put, it was agreed on division that Schedule 2, as amended, stand part of the Bill.

After debate, amendment 80 to Schedule 3 was negatived without division.

After debate, amendment 81 to Schedule 3 was made without division.

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

After debate, amendment 82 inserting new Schedule 4 was made without division and it was agreed that the new schedule stand part of the Bill.

Long Title

After debate, amendments 83 to 86 to the Long Title were made without division.

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

The Justice (No. 2) Bill (NIA Bill 57/11-16) stood referred to the Speaker.

The sitting was suspended at 10.32pm.

The sitting resumed at 10.45pm with the Speaker in the Chair.

6. Committee Business

6.1 Final 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 that the Final Stage of the Public Services Ombudsman Bill (NIA Bill 47/11-16) do now pass.

Debate ensued.

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

The Public Services Ombudsman Bill (NIA 47/11-16) passed Final Stage.

7. Adjournment

Proposed:

That the Assembly do now adjourn.

The Principal Deputy Speaker (Mr Newton)

The Assembly adjourned at 12.38am.

Mr Mitchel McLaughlin
The Speaker

10 February 2016

Northern Ireland Assembly

09 February 2016
Division 1

Consideration Stage – Employment Bill (NIA Bill 73/11-16) (Amendment 14)

The Question was put and the Assembly divided.

Ayes: 37
Noes: 56

AYES

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Humphrey, Mr Irwin, Mr Lyons, Mr McCallister, Mr McCausland, Mr B McCrea, 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 Ayes: Mr B McCrea, Mr G Robinson

NOES

Mr Agnew, Mr Allen, Mr Attwood, Mr Boylan, Mrs Cochrane, Mr Cochrane-Watson, Mr Cree, Mr Dallat, Mr Dickson, Mr Diver, Mrs Dobson, Dr Farry, Ms Fearon, Mr Flanagan, Mr Ford, Ms Hanna, Mr Hazzard, Mr Hussey, Mrs D Kelly, Mr G Kelly, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McCrossan, Mr McElduff, Ms McGahan, Mr McGimpsey, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Mr Murphy, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr Patterson, Ms Ruane, Ms Sugden, Mr Swann

Tellers for the Noes: Mr Diver, Mr Lunn

The amendment was negatived.

Northern Ireland Assembly

09 February 2016
Division 2

Consideration Stage – Employment Bill (NIA Bill 73/11-16) (Amendment 15)

The Question was put and the Assembly divided.

Ayes: 37
Noes: 56

AYES

Mr Agnew, Mr Attwood, Mr Boylan, Mr Dallat, Mr Diver, Ms Fearon, Mr Flanagan, Ms Hanna, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McCrossan, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Mr Murphy, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Ms Ruane

Tellers for the Ayes: Mr Flanagan, Mr F McCann

NOES

Mr Allen, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mrs Cochrane, Mr Cochrane-Watson, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Dr Farry, Mr Ford, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyons, Mr Lyttle, Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McGimpsey, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Mr Middleton, Lord Morrow, Mr Moutray, Mr Nesbitt, Mrs Overend, Mr Patterson, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells

Tellers for the Noes: Ms Lo, Mr Lunn

The amendment was negatived.

Northern Ireland Assembly

09 February 2016
Division 3

Second Stage – Budget Bill (NIA Bill 77/11-16)

The Question was put and the Assembly divided.

Ayes: 27
Noes: 56

AYES

NATIONALIST

Mr Boylan, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, 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, Mr Murphy, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Ms Ruane

UNIONIST

Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Humphrey, Mr Irwin, Mr Lyons, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Mr Middleton, Mr Moutray, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Mr Storey, Mr Weir, Mr Wells

OTHER

Mrs Cochrane, Mr Dickson, Ms Lo

Tellers for the Ayes: Mr G Robinson, Mr Ó Muilleoir

NOES

NATIONALIST

Mr Attwood, Mr Dallat, Mr Diver, Ms Hanna, Mrs D Kelly, Mr McCrossan, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness

UNIONIST

Mr Allen, Mr Allister, Mr Beggs, Mr Cochrane-Watson, Mr Cree, Mrs Dobson, Mr Hussey, Mr Kennedy, Mr McCallister, Mr B McCrea, Mr McGimpsey, Mr Nesbitt, Mrs Overend, Mr Patterson, Ms Sugden, Mr Swann

OTHER

Mr S Agnew

Tellers for the Noes: Mr McCrossan, Mrs Overend

Total Votes 89 Total Ayes 62 [69.7%]

Nationalist Votes 36 Nationalist Ayes 26 [72.2%]

Unionist Votes 49 Unionist Ayes 33 [67.3%]

Other Votes 4 Other Ayes 3 [75%]

The Budget Bill (NIA Bill 77/11-16) passed Second Stage with cross-community support.

Northern Ireland Assembly

10 February 2016
Division 1

Consideration Stage – Justice (No. 2) Bill (NIA Bill 57/11-16) (Amendment 2)

The Question was put and the Assembly divided.

Ayes: 37
Noes: 57

AYES

Mr Attwood, Mr Boylan, Mr D Bradley, Mr Diver, Mr Durkan, Mr Eastwood, Ms Fearon, Mr Flanagan, Ms Hanna, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCrossan, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Mr Murphy, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Ms Ruane

Tellers for the Ayes: Mr Boylan, Mr Lynch

NOES

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Clarke, Mrs Cochrane, Mr Cochrane-Watson, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Dr Farry, Mr Ford, Mrs Foster, Mr Frew, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyons, Mr Lyttle, Mr McCallister, Mr McCarthy, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McNarry, Mr McQuillan, Mr Middleton, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Patterson, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells

Tellers for the Noes: Mr Dickson, Mr McCarthy

The amendment was negatived.

Northern Ireland Assembly

10 February 2016
Division 2

Consideration Stage – Justice (No. 2) Bill (NIA Bill 57/11-16) (Amendment 3)

The Question was put and the Assembly divided.

Ayes: 36
Noes: 58

AYES

Mr Agnew, Mr Boylan, Mr D Bradley, Mr Diver, Mr Durkan, Ms Fearon, Mr Flanagan, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McCrossan, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Mr Murphy, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Ms Ruane

Tellers for the Ayes: Mr Boylan, Mr Lynch

NOES

Mr Allen, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Clarke, Mrs Cochrane, Mr Cochrane-Watson, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Ford, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyons, Mr Lyttle, Mr McCallister, Mr McCarthy, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McNarry, Mr McQuillan, Mr Middleton, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Patterson, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells

Tellers for the Noes: Mr Dickson, Mr McCarthy

The amendment was negatived.

Northern Ireland Assembly

10 February 2016
Division 3

Consideration Stage – Justice (No. 2) Bill (NIA Bill 57/11-16) (Amendment 38)

The Question was put and the Assembly divided.

Ayes: 37
Noes: 59

AYES

Mr Attwood, Mr Boylan, Mr D Bradley, Mr Diver, Mr Durkan, Mr Eastwood, Ms Fearon, Mr Flanagan, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McCrossan, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Mr McKinney, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Mr Murphy, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Ms Ruane

Tellers for the Ayes: Mr Lynch, Ms Ruane

NOES

Mr Agnew, Mr Allen, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Cochrane-Watson, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Dr Farry, Mr Ford, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyons, Mr Lyttle, Mr McCarthy, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McGimpsey, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Mr Middleton, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Patterson, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells

Tellers for the Noes: Mr Dickson, Mr McCarthy

The amendment was negatived.

Northern Ireland Assembly

10 February 2016
Division 4

Consideration Stage – Justice (No. 2) Bill (NIA Bill 57/11-16) (Clause 38)

The Question was put and the Assembly divided.

Ayes: 62
Noes: 37

AYES

Mr Agnew, Mr Allen, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Clarke, Mrs Cochrane, Mr Cochrane-Watson, Mr Craig, Mr Cree, Mr Dickson, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Dr Farry, Mr Ford, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyons, Mr Lyttle, Mr McCarthy, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McGimpsey, Mr D McIlveen, Miss M McIlveen, Mr McNarry, Mr McQuillan, Mr Middleton, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Patterson, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells

Tellers for the Ayes: Mr Boylan, Mr Lynch

NOES

Tellers for the Noes: Mr Dickson, Mr McCarthy

It was agreed that Clause 38 stand part of the Bill.

Northern Ireland Assembly

10 February 2016
Division 5

Consideration Stage – Justice (No. 2) Bill (NIA Bill 57/11-16) (Amendment 61)

The Question was put and the Assembly divided.

Ayes: 40
Noes: 59

AYES

Mr Agnew, Mr Allen, Mr Boylan, Ms Boyle, Mrs Cochrane, Mr Dickson, Dr Farry, Ms Fearon, Mr Flanagan, Mr Ford, Mr Hazzard, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr B McCrea, Mr McElduff, Ms McGahan, Mr McGimpsey, Mr M McGuinness, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr Maskey, Mr Milne, Mr Murphy, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Ms Ruane

Tellers for the Ayes: Mr Dickson, Ms Lo

NOES

Mr Allister, Mr Anderson, Mr Attwood, Mr Bell, Mr D Bradley, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Cochrane-Watson, Mr Craig, Mr Cree, Mr Diver, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Eastwood, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mrs D Kelly, Mr Kennedy, Mr Lyons, Mr McCausland, Mr I McCrea, Mr McCrossan, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr McKinney, Mr McNarry, Mr McQuillan, Mr A Maginness, Mr Middleton, Lord Morrow, Mr Moutray, Mr Newton, Mrs Overend, Mr Patterson, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells

Tellers for the Noes: Mr A Maginness, Mr G Robinson

The following Members voted in both Lobbies and are therefore not counted in the result: Ms Hanna, Mr McCarthy

The amendment was negatived.

Northern Ireland Assembly

10 February 2016
Division 6

Consideration Stage – Justice (No. 2) Bill (NIA Bill 57/11-16) (Amendment 68)

The Question was put and the Assembly divided.

Ayes: 32
Noes: 64

AYES

Mr Agnew, Mr Boylan, Ms Boyle, Dr Farry, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Ms Lo, Mr Lynch, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr B McCrea, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr Maskey, Mr Milne, Mr Murphy, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Ms Ruane

Tellers for the Ayes: Mr Agnew, Ms Lo

NOES

Mr Allister, Mr Anderson, Mr Attwood, Mr Bell, Mr D Bradley, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mrs Cochrane, Mr Cochrane-Watson, Mr Craig, Mr Cree, Mr Dickson, Mr Diver, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Eastwood, Mr Ford, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Ms Hanna, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mrs D Kelly, Mr Kennedy, Mr Lunn, Mr Lyons, Mr Lyttle, Mr McCausland, Mr I McCrea, Mr McCrossan, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr McKinney, Mr McQuillan, Mr A Maginness, Mr Middleton, Lord Morrow, Mr Moutray, Mr Newton, Mrs Overend, Mr Patterson, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells

Tellers for the Noes: Mr A Maginness, Mr G Robinson

The following Members voted in both Lobbies and are therefore not counted in the result: Mr Allen

The amendment was negatived.

Northern Ireland Assembly

Employment Bill

Annotated Marshalled List of Amendments

Consideration Stage

Tuesday 9 February 2016

Amendments tabled up to 9.30am Wednesday, 3 February 2016 and selected for debate.

The Bill will be considered in the following order

Clauses, Schedules and Long Title

Clause 4 [Question that Clause 4 stand part negatived]

The Minister for Employment and Learning gives notice of his intention to oppose the question that Clause 4 stand part of the Bill.

Minister for Employment and Learning

Amendment 1 [Negatived]

Clause 5, Page 5, Line 10

After 'add "' insert '(irrespective of the number of heads of claim)'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 2 [Made]

Clause 5, Page 5, Line 12

At end insert -

'(2) In Article 25 of that Order (regulations and orders) —

(a) in paragraph (1), for "All" substitute "Subject to paragraph (1A), all";

(b) after paragraph (1) insert —

"(1A) Regulations which include provision under Article 11(2)(a) shall not be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.".'

Minister for Employment and Learning

Amendment 3 [Made]

Clause 7, Page 7

Leave out line 37 and insert 'for "to Article 46A" substitute "and to Articles 46A and 46B".'

Minister for Employment and Learning

Clause 8 [Question that Clause 8 stand part negatived]

The Minister for Employment and Learning gives notice of his intention to oppose the question that Clause 8 stand part of the Bill.

Minister for Employment and Learning

Amendment 4 [Negatived]

Clause 9, Page 8, Line 37

After 'add "' insert '(irrespective of the number of heads of claim)'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 5 [Made]

Clause 9, Page 8, Line 39

At end insert -

'(2) In Article 104 of that Order (regulations and orders) —

(a) in paragraph (1), after "101(1)" insert "and no regulations which include provision under Article 84B(2)(a)";

(b) in paragraph (2), after "Schedule 1" insert "and regulations which include provision under Article 84B(2)(a)".'

Minister for Employment and Learning

Amendment 6 [Made]

New Clause

After Clause 9 insert -

'Assessment of matters relating to tribunal proceedings

Assessment of matters relating to tribunal proceedings

9A.—(1) The Department may by regulations make provision for a prescribed person to provide relevant parties with an assessment in accordance with the regulations of prescribed matters in connection with any tribunal proceedings which might be or have been instituted by one or more of those parties.

(2) In this section—

"prescribed" means prescribed by regulations under this section;

"relevant parties" means such persons as may be prescribed;

"tribunal proceedings" means prescribed proceedings before an industrial tribunal or the Fair Employment Tribunal.

(3) Regulations under this section are subject to negative resolution.'

Minister for Employment and Learning

Amendment 7 [Made]

New Clause

After Clause 9 insert -

'Review of early conciliation

9B.—(1) The Department must review the operation of—

(a) Articles 20 to 20C of the Industrial Tribunals (Northern Ireland) Order 1996;

(b) Articles 46B and 88ZA to 88ZC of the Fair Employment and Treatment (Northern Ireland) Order 1996; and

at the end of the period of one year beginning with the commencement of this section.

(2) The Department shall, having consulted with relevant stakeholders including employers, lay the findings of this review in a report to the Assembly.

(3) The report shall in particular include—

(a) a synopsis of consultation responses;

(b) an assessment and evaluation of the effectiveness of these provisions;

(c) the number of cases overall, the number dealt with by early conciliation, the length of time taken for each and the outcome of each;

(d) any savings directly attributable to the introduction of these provisions.

(4) The Department shall also review and report as in subsections (2) and (3) at the end of the period of three years beginning with the coming into operation of early conciliation.'

Chair, Committee for Employment and Learning

Amendment 8 [Not called]

New Clause

After Clause 9 insert -

'Review of neutral assessment

9C.—(1) The Department must review the operation of—

(a) Article 20D of the Industrial Tribunals (Northern Ireland) Order 1996; and

(b) Article 88ZD of the Fair Employment and Treatment (Northern Ireland) Order 1998,

at the end of the period of one year beginning with the commencement of this section.

(2) The Department shall, having consulted with relevant stakeholders including employers, lay the findings of this review in a report to the Assembly.

(3) The report shall in particular include—

(a) a synopsis of consultation responses;

(b) an assessment and evaluation of the effectiveness of these provisions;

(c) the number of cases overall, the number dealt with by neutral assessment, the length of time taken for each and the outcome of each;

(d) any savings directly attributable to the introduction of these provisions.

(4) The Department shall also review and report as in subsections (2) and (3) at the end of the period of three years beginning with the coming into operation of neutral assessment.'

Chair, Committee for Employment and Learning

Amendment 9 [Made]

Clause 14, Page 10, Line 28

After 'Assembly' insert 'or to the Secretary of State for laying before both Houses of Parliament'

Minister for Employment and Learning

Amendment 10 [Not moved]

New Clause

After Clause 16 insert -

'Gender pay and disclosure of information

Gender pay gap information

16A.—(1) Employers must, in accordance with regulations to be made by the Department under this section, publish—

(a) information relating to the pay of employees for the purpose of showing whether, by reference to factors of such description as is prescribed, there are differences in the pay of male and female employees; and

(b) details of the methodology used to calculate any statistics contained in the information.

(2) Where there are differences in the pay of male and female employees, an employer must publish an action plan to eliminate those differences.

(3) A copy must be sent to all employees and any trade union recognised by the employer.

(4) This section does not apply to an employer who has fewer than 50 employees.

(5) The regulations must prescribe—

(a) descriptions of employer;

(b) descriptions of employee;

(d) a standardised method for calculating any differences in the pay of male and female employees;

(e) descriptions of information;

(f) a requirement that information include statistics on workers within each pay band in relation to:

(i) ethnicity, and

(ii) disability;

(g) the time at which information is to be published; and

(h) the form and manner in which it is to be published.

(6) The first regulations under this section must be made by 10 November 2016.

(7) Regulations under subsection (5)(g) may not require an employer, after the first publication of information, to publish information more frequently than at intervals of 12 months or less frequently than at intervals of 36 months.

(8) The regulations may make provision for a failure to comply with the regulations—

(a) to be an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale for every employee;

(b) to be enforced, otherwise than as an offence, by such means as are prescribed.

(9) The reference to a failure to comply with the regulations includes a reference to a failure by a person acting on behalf of an employer.

(10) Within 18 months of the day on which this Act receives Royal Assent, the Department must, in consultation with trade unions, publish a strategy including an action plan, on eliminating differences in the pay of male and female employees.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 11 [Made]

Clause 17, Page 11

Leave out lines 43 to line 6 on page 12 and insert -

'"(4) The Department must make arrangements under this section for providing careers guidance for such persons as the Department considers appropriate.

(5) The guidance must—

(a) be provided in an impartial manner; and

(b) be in the best interests of the person receiving it.

(5A) The Department may by regulations make such provision concerning arrangements under subsection (4) as the Department considers appropriate, including provision requiring the guidance to be delivered or otherwise provided by a person who has such qualifications as the Department may determine.'

Minister for Employment and Learning

Amendment 12 [Made]

Clause 18, Page 12

Leave out line 18 and insert 'must be made under this section for providing apprenticeships and traineeships'

Minister for Employment and Learning

Amendment 13 [Made]

Clause 18, Page 12, Line 20

At end insert -

'(8) Regulations under subsection (7) may make provision as to the components of apprenticeships and traineeships.'

Minister for Employment and Learning

Amendment 14 [Negatived on division]

New Clause

After Clause 18 insert -

'Qualifying period of employment

Qualifying period of employment

18A.—(1) Article 124 of the Employment Rights (Northern Ireland) Order 1996 (right to written statement of reasons of dismissal) is amended as follows.

(2) In paragraph (3), for "one year" substitute "two years".

(3) In Article 140 of that Order (qualifying period of employment), for "one year" substitute "two years"—

(a) in paragraph (1); and

(b) in paragraph (2).'

Mr Basil McCrea

Amendment 15 [Negatived on division]

New Clause

After Clause 18 insert -

'Zero hour contracts

Zero hour contracts

18A.—(1) Zero hour contracts are prohibited.

(2) Zero hours contracts means a contract of employment or other worker's contract under which—

(a) the undertaking to do or perform work or services is an undertaking to do so conditionally on the employer making work or services available to the worker, and

(b) there is no certainty that any such work or services will be made available to the worker.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 16 [Made]

Clause 19, Page 12, Line 36

At end insert -

'(8) An order under paragraph (7) may exclude the application of paragraph (2) in relation to any sum increased or decreased by the order for such period as may be specified in the order.'

Minister for Employment and Learning

Amendment 17 [Made]

Clause 20, Page 13, Line 31

After 'only' insert 'by or'

Minister for Employment and Learning

Amendment 18 [Made]

Schedule 3, Page 24, Line 21

Column 2, at beginning insert -

'Article 38(1A).

In Article 46(1), the words from "and to any regulations" to "2003".'

Minister for Employment and Learning

Amendment 19 [Made]

Schedule 3, Page 24, Line 33

Column 2, at end insert -

'In Schedule 5, paragraph 4(1) and (2).'

Minister for Employment and Learning

Northern Ireland Assembly

Justice (No. 2) Bill

Annotated Marshalled List of Amendments

Consideration Stage

Wednesday 10 February 2016

Amendments tabled up to 9.30am Wednesday, 3 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 2, Line 1

Leave out subsection (3)

Minister of Justice

Amendment 2 [Negatived on division]

Clause 2, Page 2, Line 14

After 'officers' insert ', however, regulations under this provision may not provide for the outsourcing of those functions to agencies or private companies'

Mr Raymond McCartney

Mr Seán Lynch

Ms Bronwyn McGahan

Amendment 3 [Negatived on division]

Clause 4, Page 3, Line 25

After 'satisfied' insert 'that any deduction from benefits would not have the effect of extending the sanction to dependants of the debtor,'

Mr Raymond McCartney

Mr Seán Lynch

Ms Bronwyn McGahan

Amendment 4 [Made]

Clause 4, Page 3, Line 32

Leave out 'sum due' and insert 'outstanding amount'

Minister of Justice

Amendment 5 [Made]

Clause 4, Page 3, Line 33

Leave out 'sum due' and insert 'outstanding amount'

Minister of Justice

Amendment 6 [Made]

Clause 5, Page 4, Line 34

After 'applies' insert 'or which is treated by a provision of that section as if it were a benefit to which that section applies'

Minister of Justice

Amendment 7 [Made]

Clause 6, Page 5, Line 20

Leave out '(2)(a) or (b)' and insert '(2)'

Minister of Justice

Amendment 8 [Made]

Clause 6, Page 5, Line 39

Leave out from 'is' to 'amount' on line 40 and insert '(if sold) would be sufficient to discharge the outstanding amount and the amount of any charges likely to be imposed and costs likely to be incurred in connection with executing a vehicle seizure order in relation to the vehicle'

Minister of Justice

Amendment 9 [Not moved]

Clause 6, Page 5, Line 40

At end insert -

'(d) it can be demonstrated that such a seizure may adversely impact upon children or adult dependants of the debtor.'

Mr Raymond McCartney

Mr Seán Lynch

Ms Bronwyn McGahan

Amendment 10 [Made]

Clause 7, Page 6, Line 34

At end insert -

'(3) The collection officer's report is admissible in proceedings before a court as evidence of the facts stated in it; and a court may, for example, take the report into account in deciding whether to issue a warrant under section 9A.'

Minister of Justice

Amendment 11 [Not moved]

Clause 9, Page 7, Line 32

At end insert -

'(i) if the debtor is an individual with a drug or alcohol addiction, make a Work Development and Rehabilitation of Debtors order that the debt shall be satisfied by attendance on an addiction course or programme of counselling;'

Chair, Committee for Justice

Amendment 12 [Not moved]

Clause 9, Page 7, Line 32

At end insert -

'(j) if the debtor is an individual with a mental health condition, make a Work Development and Rehabilitation of Debtors order that the debt shall be satisfied by attendance on a programme of psychiatric counselling;'

Chair, Committee for Justice

Amendment 13 [Not moved]

Clause 9, Page 7, Line 32

At end insert -

'(k) if the debtor is a homeless person, make a Work Development and Rehabilitation of Debtors order that the debt shall be satisfied by attendance on a period of unpaid community service;'

Chair, Committee for Justice

Amendment 14 [Not moved]

Clause 9, Page 7, Line 36

At end insert -

'(2) The Department may by regulations provide for a Work Development and Rehabilitation of Debtors scheme under which a debtor referred to court may be required to undertake a course, counselling or community work in accordance with paragraphs (i), (j) and (k) above; the scheme to include appeal and consent mechanisms and the provision of supporting documentation by a relevant professional person.'

Chair, Committee for Justice

Amendment 15 [Made]

Clause 9, Page 8, Line 20

At end insert -

'(8A) Where the court issues a warrant of committal under subsection (1)(i), the length of the period of committal as pronounced by the court is to be reduced by the length of any period during which the debtor has, in the case to which the hearing under this section relates, been remanded or committed in custody under section 9C (but not under subsection (7) of that section).'

Minister of Justice

Amendment 16 [Made]

New Clause

After Clause 9 insert -

'Power to issue arrest warrant where debtor fails to attend hearing referral of case

9A.—(1) This section applies where, in the case of a debtor who is an individual—

(a) a summons is issued under section 6(10) or 8(3), but

(b) the debtor does not appear before court as required by the summons.

(2) The court before which the debtor was required to appear may issue a warrant for the debtor's arrest if—

(a) it is not satisfied that the summons was served on the debtor or that the debtor is evading service but is satisfied that a reasonable attempt has been made to serve the summons on the debtor,

(b) it is satisfied that the debtor is aware of the liability to pay the sum due and of the possible consequences of defaulting on the payment,

(d) it is satisfied that issuing a warrant for the debtor's arrest instead of reissuing the summons is proportionate to the objective of securing the debtor's appearance before the court.

(3) On issuing a warrant under this section, the court must endorse the warrant for bail so as to direct that, once arrested, the debtor must be released on entering into the recognizance specified in the endorsement.

(4) A warrant under this section may be executed only by a constable.

(5) A warrant under this section is not to be regarded for the purposes of Article 19(1)(a)(i) of the Police and Criminal Evidence (Northern Ireland) Order 1989 as a warrant issued in connection with or arising out of criminal proceedings.'

Minister of Justice

Amendment 17 [Made]

New Clause

After Clause 9 insert -

'Arrest under warrant under section 9A

9B.—(1) This section applies where a debtor is arrested in reliance on a warrant issued under section 9A.

(2) If the debtor enters into the recognizance specified in the endorsement to the warrant, it is not necessary for the debtor to be taken to a police station; and if the debtor is taken to a police station without having entered into the recognizance, he or she must be released from custody on entering into it.

(3) If the debtor enters into the recognizance, the hearing of the debtor's case under section 9 on the referral under section 6 or 8 is to take place at the time and place specified in accordance with provision made in the recognizance.

(4) If the debtor does not enter into the recognizance, the debtor must as soon as is practicable be brought before either a magistrates' court or the Crown Court, whichever is next sitting; and, pending that, the debtor may be kept in custody at a police station.

(5) If the debtor is brought before a magistrates' court and it is the responsible court in the debtor's case, i⁠—

(a) must at that sitting hear the debtor's case under section 9 on the referral under section 6 or 8, or

(b) if it not possible for the court to do so at that sitting, must adjourn the hearing on the referral to such time and place as it specifies and must remand the debtor in accordance with section 9C.

(6) If the debtor is brought before a magistrates' court but the Crown Court is the responsible court in the debtor's case, it must commit the debtor to the Crown Court in accordance with section 9C.

(7) If the debtor is brought before the Crown Court and it is the responsible court in the debtor's case, it—

(a) must at that sitting hear the debtor's case under section 9 on the referral under section 6 or 8, or

(8) If the debtor is brought before the Crown Court but it is not the responsible court in the debtor's case, it must remit the debtor's case to the magistrates' court which is the responsible court and must remand the debtor in accordance with section 9C.

(9) Where a debtor has entered into the recognizance, the outstanding amount may, before the hearing on the referral of the debtor's case, be paid to the police or the court; and on the payment being made, the warrant ceases to have effect.

(10) Where the debtor has not entered into the recognizance, the outstanding amount may, before the debtor is brought before the court under this section, be paid to the police or the court; and on the payment being made, the warrant ceases to have effect.

(11) Where the debtor has been dealt with as mentioned in subsections (5) to (8) pending the hearing on the referral of the debtor's case, the outstanding amount may, before the hearing on the referral, be paid to the court.

(12) The police, on receiving a payment under subsection (9) or (10), must send it to the court.

(13) If, at the time of the commencement of this section, Part 1 of the Justice Act (Northern Ireland) 2015 (single jurisdiction for county courts and magistrates' courts) has yet to come into force, this section, pending the commencement of that Part, has effect as if after subsection (5) there were inserted—

"(5A) If the debtor is brought before a magistrates' court but another magistrates' court is the responsible court in the debtor's case, it must adjourn the hearing on the referral to that other court at such time and place as it specifies and must remand the debtor in accordance with section 9C.".'

Minister of Justice

Amendment 18 [Made]

New Clause

After Clause 9 insert -

'Remand or committal under section 9B

9C.—(1) For the purposes of the remand or committal of a debtor under section 9B(5) to (8), the court must either—

(a) remand or commit the debtor in custody, by committing the debtor to custody to be brought before the responsible court at the end of the period specified by the court (but see also subsection (7)), or

(b) remand or commit the debtor on bail, by remanding the debtor on bail subject to such conditions as the court may specify for the debtor's subsequent appearance before the responsible court.

(2) A reference in this section to being remanded or committed in custody is to be read in accordance with subsection (1)(a); and a reference in this section to being remanded or committed on bail is to be read in accordance with subsection (1)(b).

(3) If the debtor is remanded or committed in custody, the court may give its consent to the debtor being remanded or committed on bail.

(4) The period for which the debtor may be remanded or committed in custody must not exceed—

(a) in a case where the debtor consents, 28 days;

(b) in any other case, 8 days.

(5) The period for which the debtor may remanded or committed on bail must not exceed 28 days.

(6) If the debtor is aged under 18, he or she may not be remanded or committed in custody.

(7) If the debtor is aged 21 or over, the remand or committal of the debtor in custody may, on an application made by a police officer not below the rank of inspector, be made by—

(a) committing the debtor to detention at a police station, or

(b) committing the debtor to the custody of a constable (otherwise than at a police station).

(8) The period for which the debtor may be committed under subsection (7)(a) must not exceed 3 days beginning with the day following that on which the debtor was committed.

(9) The debtor may not be committed to detention at a police station under subsection (7)(a) unless there is a need for him or her to be so detained for the purposes of inquiries into a criminal offence; and if the debtor is committed to such detention—

(a) the debtor must, as soon as that need ceases, be brought back before the court;

(b) the debtor is to be treated as a person in police detention to whom the duties under Article 40 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (responsibilities in relation to persons detained) relate, and

(10) The debtor may not be committed to the custody of a police officer under subsection (7)(b) unless there is a need for him or her to be kept in such custody for the purposes of inquiries into a criminal offence; and if the debtor is committed to such custody, he or she must, as soon as that need ceases, be brought back before the court.

(11) The court may order the debtor to be brought before it at any time before the expiration of the period for which the person has been remanded or committed.'

Minister of Justice

Amendment 19 [Made]

New Clause

After Clause 9 insert -

'Costs relating to referral of debtor's case

9D.—(1) The costs of the hearing of a debtor's case under section 9 (including any costs incurred in connection with any matter preliminary or incidental to the hearing, but not including any costs incurred by the debtor) are to be defrayed in the first instance by the Department of Justice.

(2) The costs to be defrayed under subsection (1) are to be such rates or such amounts as may be generally or specifically approved by the Department of Finance and Personnel.

(3) The court hearing the debtor's case under section 9 may, in addition to any other order which it may make at the hearing, order the debtor to pay the whole or any part of the costs referred to in subsection (1); but, if the debtor is an individual aged under 18, the amount of any costs ordered under this subsection may not exceed the outstanding amount.

(4) The payment of an amount imposed by an order under subsection (3) is enforceable in the same manner as a fine or other sum adjudged to be paid by or imposed on a conviction of the court (and this Chapter applies in relation to that amount accordingly).

(5) The costs of any proceedings under section 9B involving the debtor are to be regarded for the purposes of this section as costs of the hearing of the debtor's case under section 9.'

Minister of Justice

Amendment 20 [Negatived]

Clause 10, Page 8, Line 32

At end insert -

'(2A) The application may not be made in a case where any deduction from benefits would have the effect of extending the sanction to dependants of the debtor.'

Mr Raymond McCartney

Mr Seán Lynch

Ms Bronwyn McGahan

Amendment 21 [Made]

Clause 11, Page 9, Line 15

After 'make' insert 'further provision about applications for deductions from benefits; and the regulations may in particular make'

Minister of Justice

Amendment 22 [Made]

New Clause

After Clause 12 insert -

'Disclosure of information

12A.—(1) The Department for Social Development, or a person providing services to that Department, may disclose social security information to a court or a collection officer for the purpose of—

(a) facilitating a decision by the court or officer whether or not to make an application for deduction from benefits, or

(b) facilitating the making of the application by the court or officer.

(2) In subsection (1), "social security information" means—

(a) information which is held by the Department for the purposes of functions relating to social security,

(b) information which is held by a person providing services to the Department in connection with the provision of those services, or

(3) A person to whom information is disclosed under this section commits an offence if the person—

(a) discloses the information to another person, or

(b) uses the information for a purpose other than a purpose referred to in subsection (1).

(4) It is not an offence under subsection (3)—

(a) to disclose any information in accordance with a statutory provision or with an order of a court or of a tribunal established by or under a statutory provision or for the purposes of any proceedings before a court,

(b) to disclose or use any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or

(5) It is a defence for a person charged with an offence under subsection (3) to prove that the person reasonably believed that the disclosure or use was lawful.

(6) A person guilty of an offence under subsection (3) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both.

(7) Nothing in this section authorises the making of a disclosure which contravenes the Data Protection Act 1998.

(8) In this section, "information" means information held in any form.'

Minister of Justice

Amendment 23 [Made]

Clause 13, Page 10, Line 32

Leave out 'regarded' and insert 'treated'

Minister of Justice

Amendment 24 [Negatived]

Clause 15, Page 12, Line 21

At end insert -

'(e) make provision for a formal assessment in which the impact of any order upon a debtors dependants is given due regard.'

Mr Raymond McCartney

Mr Seán Lynch

Ms Bronwyn McGahan

Amendment 25 [Negatived]

Clause 17, Page 13, Line 36

At end insert -

'(e) make provision for a formal assessment in which the impact of any order upon a debtors dependants is given due regard'

Mr Raymond McCartney

Mr Seán Lynch

Ms Bronwyn McGahan

Amendment 26 [Made]

Clause 18, Page 14, Line 14

After 'require' insert '(even though the collection officer's report is, by virtue of section 7(3), admissible at the hearing)'

Minister of Justice

Amendment 27 [Made]

Clause 18, Page 14, Line 14

At end insert -

'(3A) Before making a vehicle seizure order, the responsible court must, in satisfying itself that the order would be justified, reasonable and proportionate in all the circumstances of the case, have particular regard to the likely effect of the order on the debtor's ability to earn a living.'

Minister of Justice

Amendment 28 [Not moved]

Clause 18, Page 14, Line 24

At end insert -

'(f) a case where it can be demonstrated that such a seizure may adversely impact upon children or adult dependants of the debtor.'

Mr Raymond McCartney

Mr Seán Lynch

Ms Bronwyn McGahan

Amendment 29 [Made]

Clause 18, Page 14, Line 36

Leave out paragraph (b)

Minister of Justice

Amendment 30 [Made]

Clause 22, Page 16, Line 27

At end insert -

'"statutory provision" has the same meaning as in the Interpretation Act (Northern Ireland) 1954;'

Minister of Justice

Amendment 31 [Made]

Clause 23, Page 17, Line 9

At end insert -

'(2) The Department of Justice may by order make such consequential, supplementary or incidental provision as it considers appropriate in consequence of, or for giving full effect to, this Chapter.

(3) An order under subsection (2) may amend, repeal, revoke or otherwise modify any statutory provision.'

Minister of Justice

Amendment 32 [Made]

Clause 24, Page 17, Line 19

Before 'either' insert 'the individual'

Minister of Justice

Amendment 33 [Made]

Clause 24, Page 18, Line 25

At end insert -

'(10A) But the references in this Article to a sum adjudged to be paid by or imposed on a conviction do not include a reference to an amount payable under a confiscation order under Part 4 of the Proceeds of Crime Act 2002.'

Minister of Justice

Amendment 34 [Made]

Clause 24, Page 18, Line 26

Leave out from 'means' to end of line 28 and insert ', in relation to a supervised activity order, means a probation officer with responsibility for supervising the carrying out of the requirements of the order.".'

Minister of Justice

Amendment 35 [Made]

Clause 25, Page 20, Line 22

At end insert -

'(5A) In section 5(3) of the Treatment of Offenders (Northern Ireland) Act 1968 (power of court to detain young person in youth offenders centre for default), for "Article 47" substitute "Article 46C".'

Minister of Justice

Amendment 36 [Made]

Clause 27, Page 21, Line 23

Leave out '1998' and insert '2008'

Minister of Justice

Amendment 37 [Made]

Clause 29, Page 22, Line 14

At end insert 'or on the Ombudsman's own initiative (see sections 35A and 35B)'

Minister of Justice

Amendment 38 [Negatived on division]

Clause 29, Page 22, Line 14

At end insert -

'(2) The Ombudsman may for the purpose of any of the Ombudsman's functions, initiate such investigations as the Ombudsman considers necessary or expedient.

(3) The Ombudsman may not exercise the power under 29 (2) unless he/she is satisfied that any investigation would be—

(a) in the public interest and

(b) the substance of the investigation would not fall within an existing statutory complaints or investigatory framework.'

Mr Raymond McCartney

Mr Seán Lynch

Ms Bronwyn McGahan

Amendment 39 [Made]

Clause 30, Page 23, Line 11

Leave out from 'at' to end of line 19 and insert -

'at any time if it appears to the Ombudsman that—

(a) a criminal investigation might be adversely affected by the Ombudsman's investigation;

(b) the exercise of functions under the Health and Safety at Work (Northern Ireland) Order 1978 might be adversely affected by the Ombudsman's investigation;

(d) it is appropriate to do so for any other reason.'

Minister of Justice

Amendment 40 [Made]

Clause 30, Page 23, Line 39

At end insert -

'(15) At any time in the course of an investigation under this section the Ombudsman may—

(a) draw to the attention of the police any matter which in the Ombudsman's opinion is relevant to any criminal investigation;

(b) draw to the attention of any body or person any matter which in the Ombudsman's opinion calls for action to be taken by that body or person.'

Minister of Justice

Amendment 41 [Made]

Clause 32, Page 25, Line 3

Leave out from 'at' to end of line 11 and insert -

'at any time if it appears to the Ombudsman that—

(a) a criminal investigation might be adversely affected by the Ombudsman's investigation;

(b) the exercise of functions under the Health and Safety at Work (Northern Ireland) Order 1978 might be adversely affected by the Ombudsman's investigation;

(d) it is appropriate to do so for any other reason.'

Minister of Justice

Amendment 42 [Made]

Clause 34, Page 26, Line 9

Leave out subsection (1) and insert -

'(1) The Department—

(a) shall request the Ombudsman to investigate any custody-related matter if any of the events to which it relates is of such a nature or description, or occurs in such circumstances, as may be prescribed;

(b) may request the Ombudsman to investigate any other custody-related matter which is specified in the request.

(1A) Before making any request under subsection (1) the Department shall consult the Ombudsman.'

Minister of Justice

Amendment 43 [Made]

Clause 34, Page 26, Line 17

At end insert -

'(2A) Before making any regulations under subsection (1)(a) the Department shall consult—

(a) the Ombudsman; and

(b) such other persons as the Department thinks appropriate.'

Minister of Justice

Amendment 44 [Made]

Clause 34, Page 26, Line 26

At end insert -

'(6) At any time in the course of an investigation under this section the Ombudsman may—

(a) draw to the attention of the police any matter which in the Ombudsman's opinion is relevant to any criminal investigation;

(b) draw to the attention of any body or person any matter which in the Ombudsman's opinion calls for action to be taken by that body or person.'

Minister of Justice

Amendment 45 [Made]

New Clause

After Clause 35 insert -

'Own-initiative investigations

Own-initiative investigations

35A.—(1) The Ombudsman may carry out an investigation under this section into a matter if—

(a) the matter relates—

(i) to the way in which a prisoner has been treated by a prison officer;

(ii) to the way in which a person visiting a prison has been treated by a prison officer;

(iii) to the facilities available to a person at a prison (including, in the case of a prisoner, facilities for the welfare of the prisoner);

(iv) to the cleanliness and adequacy of a prison; and

(b) the Ombudsman has reasonable grounds for believing that, in relation to the matter—

(i) a number of events of the same or a similar nature have occurred; and

(ii) the number or frequency of the events requires the matter to be investigated under this section.

(2) Before commencing an investigation under this section, the Ombudsman must—

(a) consult the Department; and

(b) inform the Department of the matter proposed to be investigated and of the grounds referred to in subsection (1)(b).

(3) It is for the Ombudsman to determine the procedures to be applied to an investigation under this section.

(4) This section applies to a matter whether or not a complaint has been, or could be, made about the matter under section 30.'

Minister of Justice

Amendment 46 [Made]

New Clause

After Clause 35 insert -

'Report on investigation under section 35A

35B.—(1) Where the Ombudsman has carried out an investigation under section 35A, the Ombudsman must report in writing on the outcome of the investigation to—

(a) the Department; and

(b) any other person the Ombudsman considers should receive the report.

(2) In a report to the Department the Ombudsman may make recommendations about any matter arising from the investigation.

(3) Where such recommendations are made in a report, the Department must, within the required period, respond in writing to the Ombudsman setting out (with reasons) what it proposes to do about the recommendations.

(4) The required period is the period of 28 days commencing with the day on which the Department receives the report or such longer period as the Ombudsman may in the case of any report allow.

(5) The Ombudsman may report on that response to such persons as the Ombudsman may think fit.

(6) Regulations may make provision as to the procedures to be followed in relation to reports under this section and may in particular include provision—

(a) enabling the Ombudsman to show any person a draft of the whole or any part of a report;

(b) enabling the Ombudsman to publish the whole or any part of a report;

(c) restricting or prohibiting the identification of prescribed persons or persons of a prescribed description in a report or the inclusion of information of a prescribed description.'

Minister of Justice

Amendment 47 [Negatived]

Clause 36, Page 27, Line 16

At end insert -

'(d) compel a person to assist in any investigation under this Part.'

Mr Raymond McCartney

Mr Seán Lynch

Ms Bronwyn McGahan

Amendment 48 [Not called]

Clause 36, Page 27

Leave out subsection (4) and insert -

'(4) A person who refuses to assist an investigation under this Part or a person who intentionally obstructs an investigation under this Part commits an offence and is liable under summary conviction to a fine not exceeding Level 3 on the standard scale.'

Mr Raymond McCartney

Mr Seán Lynch

Ms Bronwyn McGahan

Amendment 49 [Made]

Clause 37, Page 28, Line 2

At end insert -

'(ca) to the Attorney General for Northern Ireland for the purposes of the exercise of any functions of that office;'

Minister of Justice

Amendment 50 [Made]

Clause 37, Page 28, Line 3

Leave out 'Ombudsperson' and insert 'Ombudsman'

Minister of Justice

Clause 38 [Question that Clause 38 stand part agreed on division]

The Members listed below give notice of their intention to oppose the question that Clause 38 stand part of the Bill.

Mr Raymond McCartney

Mr Seán Lynch

Ms Bronwyn McGahan

Amendment 51 [Made]

Clause 40, Page 30, Line 12

At end insert -

'(6A) In applying section 35A(1)(b) the Ombudsman may take into account events occurring in the period of 12 months immediately preceding the appointed day (as well as events occurring on or after that day).'

Minister of Justice

Amendment 52 [Made]

New Clause

Before Clause 41 insert -

'Animal welfare

Penalties for animal welfare offences

40A.—(1) In section 31 of the Welfare of Animals Act (Northern Ireland) 2011 (penalties), in subsection (1) (summary-only offences), omit "8(3)," and ", 33(9), 40(7)".

(2) After that subsection insert—

"(1A) A person guilty of an offence under section 4 or 8(1) or (2) shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding £20,000, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or both.".

(3) In subsection (2) of that section (hybrid offences)—

(a) omit "4,", and

(b) for "and 8(1) and (2)" substitute ", 8(3), 33(9) and 40(7)".

(4) In that subsection, in paragraph (b), for "2 years" substitute "5 years".

(5) In each of the following provisions of that Act, for "8(1) and (2)" substitute "8"—

(a) section 32(1) (deprivation);

(b) section 33(10) (disqualification);

(6) In each of the following provisions of that Act, for "8(1) or (2)" substitute "8"—

(a) section 36(6) (destruction in interests of animal);

(b) section 37(1) (destruction of animals involved in fighting offences);

(7) In Article 29(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (right to claim trial by jury subject to exceptions), after sub-paragraph (o) insert—

"(p) section 4 or 8(1) or (2) of the Welfare of Animals Act (Northern Ireland) 2011 (unnecessary suffering; fighting).".'

Minister of Justice

Amendment 53 [Made]

New Clause

After Clause 42 insert -

'Disclosing private sexual photographs and films with intent to cause distress

42A.—(1) It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made—

(a) (a) without the consent of an individual who appears in the photograph or film, and

(b) with the intention of causing that individual distress.

(2) But it is not an offence under this section for the person to disclose the photograph or film to the individual mentioned in subsection (1)(a) and (b).

(3) It is a defence for a person charged with an offence under this section to prove that he or she reasonably believed that the disclosure was necessary for the purposes of preventing, detecting or investigating crime.

(4) It is a defence for a person charged with an offence under this section to show that—

(a) the disclosure was made in the course of, or with a view to, the publication of journalistic material, and

(b) he or she reasonably believed that, in the particular circumstances, the publication of the journalistic material was, or would be, in the public interest.

(5) It is a defence for a person charged with an offence under this section to show that—

(a) he or she reasonably believed that the photograph or film had previously been disclosed for reward, whether by the individual mentioned in subsection (1)(a) and (b) or another person, and

(b) he or she had no reason to believe that the previous disclosure for reward was made without the consent of the individual mentioned in subsection (1)(a) and (b).

(6) A person is taken to have shown the matters mentioned in subsection (4) or (5) if—

(a) sufficient evidence of the matters is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(7) For the purposes of subsections (1) to (5)—

(a) "consent" to a disclosure includes general consent covering the disclosure, as well as consent to the particular disclosure, and

(b) "publication" of journalistic material means disclosure to the public at large or to a section of the public.

(8) A person charged with an offence under this section is not to be taken to have disclosed a photograph or film with the intention of causing distress merely because that was a natural and probable consequence of the disclosure.

(9) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), and

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or both).'

Chair, Committee for Justice

Amendment 54 [Made]

New Clause

After Clause 42 insert -

'Meaning of "disclose" and "photograph or film"

42B.—(1) The following apply for the purposes of section 42A, this section and section 42C.

(2) A person "discloses" something to a person if, by any means, he or she gives or shows it to the person or makes it available to the person.

(3) Something that is given, shown or made available to a person is disclosed—

(a) whether or not it is given, shown or made available for reward, and

(b) whether or not it has previously been given, shown or made available to the person.

(4) "Photograph or film" means a still or moving image in any form that—

(a) appears to consist of or include one or more photographed or filmed images, and

(b) in fact consists of or includes one or more photographed or filmed images.

(5) The reference in subsection (4)(b) to photographed or filmed images includes photographed or filmed images that have been altered in any way.

(6) "Photographed or filmed image" means a still or moving image that—

(a) was originally captured by photography or filming, or

(b) is part of an image originally captured by photography or filming.

(7) "Filming" means making a recording, on any medium, from which a moving image may be produced by any means.

(8) References to a photograph or film include—

(a) a negative version of an image described in subsection (4), and

(b) data stored by any means which is capable of conversion into an image described in subsection (4).'

Chair, Committee for Justice

Amendment 55 [Made]

New Clause

After Clause 42 insert -

'Meaning of "private" and "sexual"

42C.—(1) The following apply for the purposes of section 42A.

(2) A photograph or film is "private" if it shows something that is not of a kind ordinarily seen in public.

(3) A photograph or film is "sexual" if—

(a) it shows all or part of an individual's exposed genitals or pubic area,

(b) it shows something that a reasonable person would consider to be sexual because of its nature, or

(4) Subsection (5) applies in the case of—

(a) a photograph or film that consists of or includes a photographed or filmed image that has been altered in any way,

(b) a photograph or film that combines two or more photographed or filmed images, and

(5) The photograph or film is not private and sexual if—

(a) it does not consist of or include a photographed or filmed image that is itself private and sexual,

(b) it is only private or sexual by virtue of the alteration or combination mentioned in subsection (4), or

(c) it is only by virtue of the alteration or combination mentioned in subsection (4) that the person mentioned in section 42A(1)(a) and (b) is shown as part of, or with, whatever makes the photograph or film private and sexual.'

Chair, Committee for Justice

Amendment 56 [Not moved]

New Clause

After Clause 42 insert -

'Controlling or coercive behaviour in an intimate or family relationship

42A.—(1) A person (A) commits an offence if—

(a) A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive,

(b) at the time of the behaviour, A and B are personally connected,

(d) A knows or ought to know that the behaviour will have a serious effect on B.

(2) A and B are "personally connected" if—

(a) A is in an intimate personal relationship with B, or

(b) A and B live together and—

(i) they are members of the same family, or

(ii) they have previously been in an intimate personal relationship with each other.

(3) But A does not commit an offence under this section if at the time of the behaviour in question—

(a) A has responsibility for B, for the purposes of section 6 of the Children (Northern Ireland) Order 1995, and

(b) B is under 16.

(4) A's behaviour has a "serious effect" on B if—

(a) it causes B to fear, on at least two occasions, that violence will be used against B, or

(b) it causes B serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities.

(5) For the purposes of subsection (1)(d) A "ought to know" that which a reasonable person in possession of the same information would know.

(6) For the purposes of subsection (2)(b)(i) A and B are members of the same family if—

(a) they are, or have been, married to each other;

(b) they are, or have been, civil partners of each other;

(d) they have agreed to marry one another (whether or not the agreement has been terminated);

(e) they have entered into a civil partnership agreement (whether or not the agreement has been terminated);

(f) they are both parents of the same child;

(g) they have, or have had, parental responsibility for the same child.

(7) In subsection (6)—

"civil partnership agreement" has the meaning given by section 73 of the Civil Partnership Act 2004;

"child" means a person under the age of 18 years;

"parental responsibility" has the meaning described in sections 6 and 6 of the Children (Northern Ireland) Order 1995;

"relative" has the meaning understood in family law in Northern Ireland.

(8) In proceedings for an offence under this section it is a defence for A to show that—

(a) in engaging in the behaviour in question, A believed that he or she was acting in B's best interests, and

(b) the behaviour was in all the circumstances reasonable.

(9) A is to be taken to have shown the facts mentioned in subsection (8) if—

(a) sufficient evidence of the facts is adduced to raise an issue with respect to them, and

(b) the contrary is not proved beyond reasonable doubt.

(10) The defence in subsection (8) is not available to A in relation to behaviour that causes B to fear that violence will be used against B.

(11) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine, or both.'

Mr Paul Frew

Amendment 57 [Made]

New Clause

After Clause 42 insert -

'Offence of assaulting and obstructing certain emergency workers

42B.—(1) A person who without reasonable excuse assaults or obstructs another while that other person is, in a capacity mentioned in subsection (2) below, responding to emergency circumstances, commits an offence.

(2) The capacity referred to in subsection (1) above is that of a person employed by a relevant NHS body in the provision of ambulance services (including air ambulance services), or of a person providing such services pursuant to arrangements made by, or at the request of, a relevant NHS body.

(3) A person guilty of an offence under subsection (1) shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.'

Mr Paul Frew

Amendment 58 [Made]

New Clause

After Clause 44 insert -

'Direct committal for trial

Direct committal for trial: indictable offence triable summarily

44A.—(1) Section 9 of the Justice Act (Northern Ireland) 2015 (cases where direct committal provisions may apply) is amended as follows.

(2) In subsection (1) for "either" substitute "one".

(3) In subsection (2) after paragraph (a) insert—

"(aa) that the offence is an indictable offence to which Article 45 of the Magistrates Courts (Northern Ireland) Order 1981 or Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998 applies; or".'

Minister of Justice

Amendment 59 [Made]

New Clause

After Clause 44 insert -

'Firearms

Amendments of Firearms (Northern Ireland) Order 2004, etc.

44B.—(1) The Firearms (Northern Ireland) Order 2004 has effect subject to the amendments contained in Schedule 4.

(2) The following provisions of the Justice Act (Northern Ireland) 2011 are repealed—

section 103 (variation of firearm certificate);

section 104 (restrictions on use of shotguns by young persons), and

section 105 (restrictions on possession of air guns by young persons).'

Minister of Justice

Amendment 60 [Made]

New Clause

After Clause 44 insert -

'Costs

Costs of Accountant General in administering funds in court

44C.—(1) In section 116 of the Judicature (Northern Ireland) Act 1978 (fees), in subsection (1), after "in any office or by any officer connected with any such court" insert "(including the Accountant General and the office maintained under section 77(2))".

(2) At the end of that section insert—

"(5) Nothing in this section affects section 39 of the Administration of Justice Act 1982 (which includes provision relating to the costs of administering funds in court).".'

Minister of Justice

Amendment 61 [Negatived on division]

New Clause

After Clause 44 insert -

'Medical termination of pregnancy

44A.—(1) Subject to the provisions of this section, a person shall not be guilty of an offence under sections 58 and 59 of the Offences Against the Person Act 1861 and sections 25 and 26 of the Criminal Justice Act (Northern Ireland) 1945 when—

(a) a pregnancy is terminated by a registered medical practitioner where a diagnosis has been made of a foetal abnormality which is likely to prove fatal, and

(b) the diagnosis was made by two suitably qualified registered medical practitioners who are of the opinion, formed in good faith, that—

(i) the condition of the foetus is likely to cause death either before birth, or during birth, or,

(ii) if a live birth should occur, there is no medical treatment which could be offered to alter the fatal nature of the condition or improve the chances of survival.

(2) Every woman, in the circumstances where two medical practitioners have formed an opinion as described in subsection (1), must be given—

(a) a clinical assessment of the potential impact on her health of either continuing or terminating the pregnancy;

(b) information on the provision of neonatal and postnatal palliative care in such circumstances; and

(3) In the case where a woman in the circumstances where two medical practitioners have formed an opinion as described in subsection (1) decides to either terminate the pregnancy or continue to the point of natural delivery, she should receive suitable medical and nursing care to enable her to do so.

(4) In subsection (1)(b), "suitably qualified" means a registered medical practitioner who has achieved a Certificate of Completion of Training to practise in the fields of obstetrics, foetal medicine, gynaecology or paediatrics.

(5) No person shall be under any duty to participate directly in any medical or surgical procedure to which they have a conscientious objection and which will result in the termination of a pregnancy.

(6) The right to object on grounds of conscience will not affect any duty to participate directly in such a procedure which is necessary to save the life, or to prevent permanent or long-term injury to the physical or mental health, of a pregnant woman.'

Mr Trevor Lunn

Mr Stewart Dickson

Amendment 62 [Not moved]

New Clause

After Clause 44 insert -

'Abortion in exceptional cases

44A.—(1) The Offences Against the Person Act 1861 shall be amended as follows.

(2) In section 58 (Administering drugs or using instruments to procure abortion), after "being with child" insert ", except in instances of fatal abnormality, as determined by the woman's physician, a determination which also concluded that the child is incapable of an existence independent of the woman,".'

Mr Steven Agnew

Mr Basil McCrea

Amendment 63 [Not called]

As an amendment to amendment 62

'After "except in" insert -

"cases where the pregnancy was a result of rape or incest, or"'.

Mr Steven Agnew

Mr Basil McCrea

Amendment 64 [Not moved]

New Clause

After Clause 44 insert -

'Amendment to the Criminal Justice Act (Northern Ireland) 1945: exception

44B.—(1) The Criminal Justice Act (Northern Ireland) 1945 is amended as follows.

(2) In section 25(1) at end insert—

"; or that the act was not done because a fatal abnormality had been determined by the woman's physician, a determination which also concluded that the child was incapable of an existence independent of the woman.".'

Mr Steven Agnew

Mr Basil McCrea

Amendment 65 [Not called]

As an amendment to amendment 64

'After "because" insert -

"the pregnancy was a result of rape or incest, or"'.

Mr Steven Agnew

Mr Basil McCrea

Amendment 66 [Not moved]

New Clause

After Clause 44 insert -

'Amendment to the Criminal Justice Act (Northern Ireland) 1945: defence

44C.—(1) The Criminal Justice Act (Northern Ireland) 1945 is amended as follows.

(2) In section 26, after subsection (2) insert—

"(3) It shall be a defence to an offence under the said section fifty-eight and to an offence under section twenty-five that the person charged is shown by the evidence to have acted in the knowledge that a fatal abnormality had been determined by the woman's physician, a determination which also concluded that the child was incapable of an existence independent of the woman.".'

Mr Steven Agnew

Mr Basil McCrea

Amendment 67 [Not called]

As an amendment to amendment 66

'After "knowledge that" insert -

"the pregnancy was a result of rape or incest, or"'.

Mr Steven Agnew

Mr Basil McCrea

Amendment 68 [Negatived on division]

New Clause

After Clause 44 insert -

'Defence to sections 25 and 26 of the Criminal Justice (Northern Ireland) Act 1945 and sections 58 and 59 of the Offences against the Person Act 1861 in cases of certain sexual crimes

44A.—(1) A person shall not be guilty of an offence under section 25 and 26 of the Criminal Justice (Northern Ireland) Act 1945 or sections 58 and 59 of the Offences against the Persons Act 1861 when a pregnancy is terminated if—

(a) the pregnant woman has made a complaint to the police alleging that the pregnancy could be caused by rape, incest or indecent assault, as soon as was reasonable in all the circumstances;

(b) the pregnant woman has produced to the hospital surgeon and/or medical practitioner evidence suggesting that the pregnancy could be caused by rape, incest or indecent assault; and

(c) the hospital surgeon and/or medical practitioner are of the opinion, formed in good faith, that there are no medical indications which are inconsistent with the allegation that the pregnancy could be caused by rape, incest or indecent assault.

(2) No evidence in respect of, or any matter connected with, the termination of a pregnancy in accordance with this section shall be admissible in any criminal proceedings relating to the alleged rape, incest or indecent assault, except with the leave of the court.'

Ms Anna Lo

Clause 45 [Question that Clause 45 stand part negatived]

The Minister of Justice gives notice of his intention to oppose the question that Clause 45 stand part of the Bill.

Minister of Justice

Amendment 69 [Made]

Clause 46, Page 33, Line 3

Leave out 'or 30(5)' and insert ', 30(5) or 34(1)(a)'

Minister of Justice

Amendment 70 [Made]

Clause 46, Page 33, Line 9

At end insert -

'(aa) an order under section 23(2) containing provision which amends or repeals a provision of an Act of Parliament or Northern Ireland legislation;'

Minister of Justice

Amendment 71 [Made]

Clause 46, Page 33, Line 11

Leave out paragraph (c)

Minister of Justice

Amendment 72 [Made]

Clause 47, Page 33, Line 19

Before 'Part 3' insert 'Section 23(2) and (3),'

Minister of Justice

Amendment 73 [Made]

Clause 47, Page 33, Line 19

After 'Part 3' insert '(other than section 40A)'

Minister of Justice

Amendment 74 [Made]

Schedule 1, Page 37, Line 17

After 'court"' insert 'in the first and third places it appears'

Minister of Justice

Amendment 75 [Made]

Schedule 1, Page 37, Line 20

Leave out 'each place' and insert 'the first, third and fourth places'

Minister of Justice

Amendment 76 [Made]

Schedule 1, Page 37, Line 35

Leave out from 'who' to 'principal' on line 36 and insert 'whose earnings are paid by the body as principal and who is accordingly treated by virtue of section 13(5) as being employed'

Minister of Justice

Amendment 77 [Made]

Schedule 2, Page 39, Line 25

At end insert -

'Police and Criminal Evidence (Northern Ireland) Order 1989

4A. In Article 19(1) (power of constable to enter and search), in sub-paragraph (a), after paragraph (ii) insert "; or

(iii) a warrant of commitment issued under section 9(1)(i) of the Justice (No. 2) Act (Northern Ireland) 2015 (default by debtor);".'

Minister of Justice

Amendment 78 [Made]

Schedule 2, Page 40, Line 26

Leave out 'clerk of petty sessions' and insert 'fixed penalty clerk'

Minister of Justice

Amendment 79 [Made]

Schedule 2, Page 40, Line 40

At end insert -

'Justice Act (Northern Ireland) 2015

6A.—(1) In section 24 (prosecutorial fines: registration of sum payable in default), in subsection (2)(a), for "21 days" substitute "28 days".

(2) After section 24(3) insert—

"(3A) The fines clerk must refer the case to a district judge (magistrates' courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing.

(3B) Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under subsection (2)(a)."

(3) In section 25 (challenge to notice), in subsection (7), after "enforcing payment of that sum" insert "(including the making of a collection order)".

(4) In section 26 (setting aside of sum enforceable under section 24), in subsection (3), after "enforcing payment of that sum" insert "(including the making of a collection order)".

(5) In section 27 (interpretation), at the appropriate place insert—

""collection order" means an order under section 3 of the Justice (No. 2) Act (Northern Ireland) 2015;".'

Minister of Justice

Amendment 80 [Negatived]

Schedule 3, Page 41, Line 22

Leave out head (d) and insert -

'(d) if, on conviction of a criminal offence and in the aftermath of risk assessment and the relevance of the offence to the post and it is found that the person is no longer suitable for the post; or'

Mr Raymond McCartney

Mr Seán Lynch

Ms Bronwyn McGahan

Amendment 81 [Made]

Schedule 3, Page 43, Line 6

Leave out 'Ombudsperson' and insert 'Ombudsman'

Minister of Justice

Amendment 82 [Made]

New Schedule

After schedule 3 insert -

'SCHEDULE 4

Section

Amendments of Firearms (Northern Ireland) Order 2004

Part 1

Firearms - Persons under 18

Authorisation of shotgun clubs to allow use of shotguns by persons under the age of 16

1.—(1) In Article 2(2) (interpretation), after the definition of "shotgun certificate" insert—

""shotgun club" means a club established for the purpose of promoting and practising skill in the use of shotguns;".

(2) In the heading to Part 6, add at the end "AND SHOTGUN CLUBS".

(3) After the heading to Part 6 add—

"Firearms clubs".

(4) After Article 50 insert—

"Shotgun clubs

Authorisation of shotgun clubs to allow use of shotguns by minors for limited purposes

50A.—(1) If the Chief Constable is satisfied that there will not be a danger to public safety or to the peace, the Chief Constable may, on payment of the appropriate fee, grant an authorisation for a shotgun club to allow persons under the age of 16 who have attained the age of 12 to use shotguns under appropriate supervision in accordance with the authorisation.

(2) An authorisation must state that it is limited to the use of shotguns for clay target shooting or for such other purposes as may be prescribed.

(3) The Chief Constable may at any time by notice in writing—

(a) attach conditions to an authorisation;

(b) vary or revoke conditions attached under this Article.

(4) An authorisation shall continue in force for a period of five years from the date on which it is granted but if the Chief Constable is satisfied that there is a danger to public safety or to the peace, the Chief Constable may revoke the authorisation.

(5) Any person who—

(a) operates a shotgun club which allows a person under the age of 16 to use a shotgun except in accordance with an authorisation, or

(b) contravenes any condition of an authorisation,

shall be guilty of an offence.

(6) In this Article—

"appropriate supervision" means under the supervision of a person who has attained the age of 21 and has held a firearm certificate for a shotgun for at least five years;

"authorisation" means an authorisation granted under this Article;

"prescribed" means prescribed by regulations made by the Department of Justice.

(7) The Department of Justice may make regulations substituting a different age for the lower age mentioned in paragraph (1) and paragraph 11(4) of Schedule 1.

(8) The Department of Justice shall not make regulations under this Article unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.".

(5) Before the heading to Article 51 insert—

"Power of entry".

(6) In Article 51 (power of entry), in paragraph (1)—

(a) in sub-paragraph (a), after "club" insert "or a shotgun club";

(b) after "Article 49" insert "or 50A".

(7) In Schedule 1 (firearm certificates - exemptions), in paragraph 11, after sub-paragraph (3) add—

"(4) A person who is under the age of 16 but has attained the age of 12 may, without holding a firearm certificate, use a shotgun in accordance with an authorisation under Article 50A.".

(8) In Schedule 5 (table of punishments), after the entry relating to Article 49(5)(b) insert—

"Article 50A(5)(a)

Operating a shotgun club which allows unauthorised use of shotguns

(a) Summary

1 year or a fine of the statutory maximum or both

(b) Indictment

3 years or a fine or both

Article 50A(5)(b)

Contravention of conditions of authorisation

(a) Summary

1 year or a fine of the statutory maximum or both

(b) Indictment

3 years or a fine or both".

(9) In Schedule 5, in the second column of the entry relating to Article 51(2), after "club" insert "or shotgun club".

Other amendments relating to persons under 18

2.—(1) Article 7 (purposes for which young person may acquire and have in possession certain firearms and ammunition), in paragraph (3)(b)(i), after "sporting purposes" insert "or for the purpose of pest control".

(2) In Schedule 1 (firearm certificates—exemptions)—

(a) in paragraph 9 (air guns and ammunition), in sub-paragraph (3)(b), (person under 18 may not purchase air gun without a certificate unless the person has attained the age of 17), the words "unless he has attained the age of 17" are repealed;

(b) in paragraph 11 (shotguns), in sub-paragraph (3), at the end add "unless the person has attained the age of 16 and is under the supervision of a person who has attained the age of 21 and has held a firearm certificate for a shotgun for at least three years".

Part 2

Firearm certificates and other certificates

Variation of firearm certificate

3.—(1) In Article 11 (variation of firearm certificate), for paragraphs (3) to (5) substitute—

"(3) If a person—

(a) sells a firearm ("the first firearm") to the holder of a firearms dealer's certificate ("the dealer"); and

(b) as part of the same transaction purchases from the dealer another firearm ("the second firearm"); and

the dealer may, on payment of the appropriate fee, vary that person's firearm certificate by substituting the second firearm for the first firearm.

(4) This paragraph applies—

(a) if both the first firearm and the second firearm are shotguns; or

(b) if—

(i) the second firearm is of the same type and calibre as the first firearm; and

(ii) neither firearm is a prohibited weapon or a shotgun; or

(i) the first firearm is a rifle of a description mentioned in the first column of Schedule 1A; and

(ii) the second firearm is a rifle of a calibre specified in relation to the same Band of Schedule 1A as the calibre of the first firearm; and

(iii) neither firearm is a prohibited weapon, a muzzle-loading firearm as defined in Article 45(9) or a shotgun; and

(iv) the second firearm will not be of the same calibre as any other firearm to which the firearm certificate relates; and

(v) the firearm certificate is not held subject to a condition that the first firearm may be used only for the purposes of target shooting.

(5) If a person—

(a) sells or transfers a firearm to the holder of a firearms dealer's certificate ("the dealer"); and

(b) does not as part of the same transaction purchase or acquire from the dealer another firearm,

the dealer may, on payment of the appropriate fee (if any), vary that person's firearm certificate by deleting that firearm.

(6) Where the holder of a firearms dealer's certificate ("the dealer") varies a firearm certificate under this Article, the dealer shall⁠—

(a) notify the Chief Constable of the variation within 72 hours of the variation being made; and

(b) where the dealer receives the fee for varying the certificate, pay it to the Chief Constable.

(7) A person who fails to comply with paragraph (6)(a) shall be guilty of an offence.

(8) Schedule 1A (relevant firearms for Article 11(4)(c)) shall have effect.

(9) The Department of Justice may make regulations amending Schedule 1A if a draft of the regulations has been laid before, and approved by resolution of, the Assembly.".

(2) After Schedule 1 insert—

"SCHEDULE 1A

Article 11(8).

Relevant firearms for Article 11(4)(c)

BAND

CALIBRE

1. Small quarry air rifles

.177

.20

.22

.25

2. Small quarry

.17 Mach 2

.17 HMR (Hornady Magnum Rimfire)

.22 LR (Long Rifle)

.22 WMR (Winchester Magnum Rimfire)

3. Medium quarry

.17 Hornet

.17 Remington

.17 Remington Fireball

.22 Hornet/5.6x36Rmm

.222 Remington

.204 Ruger

.223 Remington/5.56x45mm

.220 Swift

.22-250

4. Large quarry

.243 Winchester

.25-06

6.5mm x 55/.256

7mm x 08 Remington

.270

7.62 x 51mm/.308 Winchester

.30-06".

(3) In Schedule 5 (table of punishments), after the entry relating to Article 10(3) insert—

"Article 11(7)

Failure of firearms dealer to notify Chief Constable of variation of firearm certificate

Summary

Level 3".

Variation of firearms dealer's certificate

4. In Article 29(6) (variation of firearms dealer's certificate), at the end add "on payment of the appropriate fee".

Updated certificates

5.—(1) In Article 5 (grant of firearm certificate)—

(a) in paragraph (5), after "duplicate certificate" insert "or an updated certificate";

(b) after paragraph (5) add—

"(6) In paragraph (5)—

"duplicate certificate" means a copy of the firearm certificate as granted; and

"updated certificate" means the firearm certificate revised up to such date as may be specified on the certificate.".

(2) In Article 26 (grant of firearms dealer's certificate)—

(a) in paragraph (7)—

(i) after "duplicate certificate" insert "or an updated certificate";

(ii) the words "(if any)" are repealed;

(b) after paragraph (7) add—

"(8) In paragraph (7)—

"duplicate certificate" means a copy of the firearms dealer's certificate as granted;

"updated certificate" means the firearms dealer's certificate revised up to such date as may be specified on the certificate.".

Certificates granted in Great Britain

6.—(1) The following provisions of Article 17 (firearm certificate or shotgun certificate granted in Great Britain has effect in Northern Ireland if Chief Constable grants certificate of approval) are repealed—

(a) in paragraph (1), the words from "if" to the end;

(b) paragraphs (2) and (3);

(i) in the definition of "applicable conditions" the words from ", subject" to the end;

(ii) the definitions of "certificate of approval" and "modifications".

(2) In Article 18 (air guns held without a firearm certificate in Great Britain)—

(a) in paragraph (1)—

(i) after "an air gun" insert "to which paragraph (3) applies";

(ii) in sub-paragraph (c) after "issued to him by the Chief Constable" add "on payment of the appropriate fee";

(b) after paragraph (2) add—

"(3) This paragraph applies to an air gun which is capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of one joule.".

Part 3

Supplementary

Fees

7.—(1) For Schedule 6 (fees) substitute—

"SCHEDULE 6

Article 75.

Fees

Firearm certificate

1. Grant of firearm certificate

£98

2. Variation by Chief Constable

£30

3. Variation by firearms dealer under Article 11(3) to substitute firearm

£15

4. Variation by firearms dealer under Article 11(5) to delete firearm

No fee

5. Duplicate certificate

£14

6. Updated certificate

£14

Museum firearms licence

7. Grant of museum firearms licence by Department of Justice

£110

8. Extension to additional premises

£75

Visitor's firearm permit

9. Grant of visitor's firearm permit (except where paragraph 10 applies)

£16

10. Grant of six or more permits (taken together) on a group application

£80

Certificate of approval for air gun for resident in Great Britain

11. Certificate of approval for air gun for resident in Great Britain

£11

Firearms dealer's certificate

12. Grant of firearms dealer's certificate

£300

13. Duplicate certificate

£14

14. Updated certificate

£14

Firearms clubs and shotgun clubs

15. Authorisation of firearms club

£71

16. Authorisation of shotgun club to allow use of shotgun by persons 12 or over but under 16, except where the shotgun club is also a firearms club and an authorisation under Article 49 is granted at the same time

£71.".

Consequential amendment

8. In Article 80(5) (regulations and orders made by the Department of Justice), after "Order" insert ", except regulations under Article 11(9) or 50A,".'

Minister of Justice

Amendment 83 [Made]

Long Title

After 'relating to' insert -

'the penalties for certain animal welfare offences, '

Minister of Justice

Amendment 84 [Made]

Long Title

After 'United Kingdom' insert -

'and direct committal for trial'

Minister of Justice

Amendment 85 [Made]

Long Title

After 'United Kingdom' insert -

'and firearms'

Minister of Justice

Amendment 86 [Made]

Long Title

At end insert '; to make provision relating to the costs of the Accountant General of the Court of Judicature'

Minister of Justice

Northern Ireland Assembly

Papers Presented to the Assembly on
9 – 10 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

Safefood Annual Report 2014 (DHSSPS).

Tourism NI Retention and Disposal Schedule (DCAL).

5. Assembly Reports

6. Statutory Rules

S.R. 2016/32 The Pension Protection Fund and Occupational Pension Schemes (Levy Ceiling and Compensation Cap) Order (Northern Ireland) 2016 (DSD).

S.R. 2016/000 The Draft Tobacco Retailer (Fixed Penalty) (Amount) Regulations (Northern Ireland) 2016 (DHSSPS).

For Information Only

S.R. 2016/31 The Parking Places on Roads (Disabled Persons' Vehicles) (Amendment) Order (Northern Ireland) 2016 (DRD).

7. Written Ministerial Statements

8. Consultation Documents

9. Departmental Publications

10. Agency Publications

Department of Enterprise, Trade and Investment Mineral Development Account for the year ended 31 March 2015 (Northern Ireland Audit Office).

11. Westminster Publications

12. Miscellaneous Publications

Northern Ireland Assembly Legislation:

Stages in Consideration of Public Bills

First Stage: Introduction of Bill.

Second Stage: General debate of the Bill with an opportunity for Members to vote on its general principles.

Committee Stage (Comm. Stage): Detailed investigation by a Committee which concludes with the publication of a report for consideration by the Assembly.

Consideration Stage (CS): Consideration by the Assembly of, and an opportunity for Members to vote on, the details of the Bill including amendments proposed to the Bill.

Further Consideration Stage (FCS): Consideration by the Assembly of, and an opportunity for Members to vote on, further amendments to the Bill.

Final Stage: Passing or rejecting of Bill by the Assembly, without further amendment.

Royal Assent.

Proceedings as at 10 February 2016

2011-2016 Mandate
Executive Bills

Title & NIA Bill Number	First Stage	Second Stage	Comm. Stage to Conclude	Report Ordered to be Printed	CS	FCS	Final Stage	Royal Assent
Marine Bill 5/11-15	21.02.12	05.03.12	06.07.12	05.07.12	30.04.13	13.05.13	21.05.13	17.09.13
Welfare Reform Bill 13/11-15	01.10.12	09.10.12	19.02.13	14.02.13	10.02.15 & 11.02.15	24.02.15	Bill fell at Final Stage on 26.05.15
Education Bill 14/11-15	02.10.12	15.10.12	08.04.13	08.04.13
Planning Bill 17/11-15	14.01.13	22.01.13	07.06.13	06.06.13	24.06.13 & 25.06.13
Tobacco Retailers Bill 19/11-15	15.04.13	23.04.13	18.10.13	09.10.13	3.12.13	10.02.14	18.02.14	25.03.14
Carrier Bags Bill 20/11-15	03.06.13	11.06.13	30.11.13	26.11.13	28.01.14	25.02.14	10.03.14	28.04.14
Financial Provisions Bill 22/11-15	17.06.13	01.07.13	13.12.13	11.12.13	11.02.14	24.02.14	04.03.14	28.04.14
Public Service Pensions Bill 23/11-15	17.06.13	25.06.13	29.11.13	27.11.13	14.01.14	27.01.14	04.02.14	11.03.14
Licensing of Pavement Cafés Bill 24/11-15	17.06.13	25.06.13	13.12.13	05.12.13	04.03.14	25.03.14	07.04.14	12.05.14
Health and Social Care (Amendment) Bill 27/11-15	16.09.13	24.09.13	11.12.13	04.12.13	20.01.14	28.01.14	11.02.14	11.04.14
Local Government Bill 28/11-15	23.09.13	01.10.13	20.02.14	20.02.14	18.03.14	01.04.14	08.04.14	12.05.14
Road Races (Amendment) Bill 29/11-15	18.11.13	26.11.13	/	/	2.12.13	9.12.13	10.12.13	17.01.14
Reservoirs Bill 31/11-15	20.01.14	04.02.14	04.07.14	24.06.14	28.04.15	09.06.15	24.06.15	24.07.15
Budget Bill 32/11-15	10.02.14	11.02.14	/	/	17.02.14	18.02.14	24.02.14	19.03.14
Legal Aid and Coroners’ Courts Bill 33/11-15	31.03.14	08.04.14	20.06.14	18.06.14	16.09.14	30.09.14	13.10.14	17.11.14
Work and Families Bill 34/11-15	28.04.14	12.05.14	30.11.14	08.10.14	11.11.14	24.11.14	02.12.14	08.01.15
Road Traffic (Amendment) Bill 35/11-15	12.05.14	27.05.14	27.03.15	19.03.15	29.06.15	01.12.15	12.01.16
Budget (No.2) Bill 36/11-15	09.06.14	10.06.14	/	/	16.06.14	17.06.14	30.06.14	16.07.14
Justice Bill 37/11-15	16.06.14	24.06.14	27.03.15	25.03.15	02.06.15	16.06.15 & 22.06.15	30.06.15	24.07.15
Education Bill 38/11-16	06.10.14	14.10.14	/	/	21.10.14	11.11.14	17.11.14	11.12.14
Insolvency (Amendment) Bill 39/11-16	07.10.14	10.11.14	13.03.15	03.03.15	23.06.15	06.10.15	08.12.15	29.01.16
Off Street Parking Bill 40/11-16	13.10.14	21.10.14	09.12.14	08.12.14	13.01.15	26.01.15	03.02.15	12.03.15
Food Hygiene (Ratings) Bill 41/11-16	03.11.14	11.11.14	08.05.15	29.04.15	29.06.15	30.11.15	08.12.15	29.01.16
Pensions Bill 42/11-16	10.11.14	18.11.14	26.03.15	19.02.15	24.03.15	21.04.15	11.05.15	23.06.15
Regeneration Bill 43/11-16	08.12.14	20.01.15	28.05.15	28.05.15	Minister not planning to move Bill
Budget Bill 45/11-16	09.02.15	16.02/15	/	/	17.02.15	23.02.15	24.02.15	12.03.15
Special Educational Needs and Disability Bill 46/11-16	02.03.15	10.03.15	13.11.15	11.11.15	01.12.15	11.01.16	25.01.16
Mental Capacity Bill 49/11-16	08.06.15	16.06.15	28.01.16	25.01.16
Legal Complaints and Regulation Bill 50/11-16	08.06.15	16.06.15	18.12.15	09.12.15	18.01.16	26.01.16
Water and Sewerage Services Bill 51/11-16	16.06.15	29.06.15	25.11.15	18.11.15	08.12.15	12.01.16	25.01.16
Health and Social Care (Control of Data Processing) Bill 52/11-16	16.06.15	29.06.15	20.11.15	18.11.15	11.01.16	26.01.16	08.02.16
Budget (No. 2) Bill 53/11-16	16.06.15	24.06.15	/	/	24.06.15	29.06.15	30.06.15	24.07.15
Pensions Schemes Bill 54/11-16	22.06.15	30.06.15	/	/	16.11.15	23.11.15	24.11.15	15.01.16
Environmental Better Regulation Bill 55/11-16	22.06.15	30.06.15	27.11.15	19.11.15	11.01.16	26.01.16	09.02.16
Credit Unions and Co-operative and Community Benefit Societies Bill 56/11-16	23.06.15	06.01.15	24.11.15	24.11.15	12.01.16	08.02.16
Justice (No. 2) Bill 57/11-16	30.06.15	08.09.15	15.01.16	14.01.16	10.02.16
Housing (Amendment) Bill 58/11-16	30.06.15	09.11.15	15.01.16	07.01.16	01.02.16
Houses in Multiple Occupation Bill 60/11-16	07.09.15	07.12.15	12.2.16	04.02.16
Shared Education Bill 66/11-16	02.11.15	10.11.15	12.01.16	06.01.16	26.01.16
Rural Needs Bill 67/11-16	09.11.15	17.11.15	26.01.16	26.01.16
Health and Personal Social Services (Amendment) Bill 68/11-16	23.11.15	01.12.15	05.02.16	03.02.16
Departments Bill 70/11-16	30.11.15	08.12.15	/	/	19.01.16	01.02.16	02.02.16
Addressing Bullying in Schools 71/ 11-16	30.11.15	08.12.15	09.02.16	08.02.16
Health (Miscellaneous Provisions) Bill 72/11-16	30.11.15	08.12.15	09.02.16	03.02.16
Employment Bill 73/11-16	07.12.15	12.01.16	23.02.16	27.01.16	09.02.16
Fisheries Bill 74/11-16	07.12.15	11.01.16	22.02.16	02.02.16
Rates (Amendment) Bill 75/ 11-16	11.01.16	19.01.16	/	/	25.01.16	01.02.16	02.02.16
Assembly Members (Reduction of Numbers) Bill 76/ 11-16	12.01.16	25.01.16	/	/	02.02.16
Budget Bill 77/11-16	08.02.16	09.02.16	/	/

2011-2016 Mandate
Non-Executive Bills

	Title & Bill Number	First Stage	Second Stage	Comm. Stage to Conclude	Report Ordered to be Printed	CS	FCS	Final Stage	Royal Assent
	Road Traffic (Speed Limits) Bill 25/11-15	17.06.13 Bill fell. Re-introduced as Bill 30/11-15 (see below)
	Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill 26/11-15	24.06.13	23.09.13 & 24.09.13	11.04.14	11.04.14	20.10.14	01.12.14	09.12.14	13.01.15
Road Traffic (Speed Limits) Bill 30/11-15		09.12.13	17.02.15	16.10.15	14.10.15
Children’s Services Co-operation Bill 44/11-16		08.12.14	26.01.15	03.07.15	02.07.15	29.09.15	19.10.15	03.11.15	09.12.15
Public Services Ombudsperson Bill 47/11-16		20.04.15	11.05.15	30.09.15	29.09.15	20.10.15	30.11.15 /01.02.16	10.02.16
Ombudsman and Commissioner for Complaints (Amendment) Bill 48/11-16		27.04.15	11.05.15	/	/	01.06.15	08.06.15	09.06.15	20.07.15
Rates (Relief for Amateur Sports Clubs) Bill 59/11-16		30.06.15	Bill fell at Second Stage on 20.10.15
Civil Service (Special Advisers) (Amendment) Bill 61/11-16		14.09.15	Bill fell at Second Stage on 13.10.15
Assembly and Executive Reform (Assembly Opposition) Bill 62/11-16		22.09.15	12.10.15	26.01.16	20.01.16	02.02.16/ 08.02.16
Local Government (Numbers and Addresses in Townlands) Bill 63/11-16		12.10.15	Bill fell at Second Stage on 17.11.15
Human Transplantation Bill 64/11-16		13.10.15	16.11.15	05.02.16	03.02.16
Scrap Metal Dealers Bill 65/11-16		19.10.15	16.11.15	19.02.16
Licensing Bill 69/11-16		24.11.15	07.12.15	19.02.16

/ Bill progressing by accelerated passage

** Please note that any bills that received Royal Assent in the previous session have been removed from the table.

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