Minutes of Proceedings

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 15 February 2016

The Speaker informed the Assembly that all business listed on the Order Paper for 15 February 2016 was concluded.

3. Executive Committee Business

3.1 Motion – The Draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order (Northern Ireland) 2016

Proposed:

That the draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order (Northern Ireland) 2016 be approved.

Minister of Justice

3.2 Motion – The Draft Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order (Northern Ireland) 2016

Proposed:

That the draft Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order (Northern Ireland) 2016 be approved.

Minister of Justice

3.3 Motion – The Draft Proceeds of Crime Act 2002 (Investigations: Code of Practice) Order (Northern Ireland) 2016

Proposed:

That the draft Proceeds of Crime Act 2002 (Investigations: Code of Practice) Order (Northern Ireland) 2016 be approved.

Minister of Justice

A single debate ensued on all three motions.

The Question being put, the Motion on the draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order (Northern Ireland) 2016 was carried without division.

The Question being put, the Motion on the draft Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order (Northern Ireland) 2016 was carried without division.

The Question being put, the Motion on the draft Proceeds of Crime Act 2002 (Investigations: Code of Practice) Order (Northern Ireland) 2016 was carried without division.

3.4 Motion – The Draft Working Time Regulations (Northern Ireland) 2016

Proposed:

That the draft Working Time Regulations (Northern Ireland) 2016 be approved.

Minister for Employment and Learning

Debate ensued.

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

3.5 Further Consideration Stage – Assembly Members (Reduction of Numbers) Bill (NIA Bill 76/11-16)

The junior Minister for the Office of the First Minister and deputy First Minister, Ms Jennifer McCann, moved the Further Consideration Stage of the Assembly Members (Reduction of Numbers) Bill (NIA Bill 76/11-16).

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

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

Clauses

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

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

Amendment 3 was not moved.

The Assembly Members (Reduction of Numbers) Bill (NIA Bill 76/11-16) stood referred to the Speaker in accordance with Section 10 of the Northern Ireland Act 1998.

3.6 Further Consideration Stage – Budget Bill (NIA Bill 77/11-16)

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

No amendments were tabled to the Bill.

The Budget Bill (NIA Bill 77/11-16) stood referred to the Speaker for consideration in accordance with Section 10 of the Northern Ireland Act 1998.

3.7 Final Stage – Credit Unions and Co-operative and Community Benefit Societies Bill (NIA Bill 56/11-16)

The Principal Deputy Speaker informed the Assembly that as the Minister of Enterprise, Trade and Investment was not in his place to move the Final Stage of the Credit Unions and Co-operative and Community Benefit Societies Bill (NIA Bill 56/11-16) that item of business falls.

3.8 Motion – Draft Renewables Obligation (Amendment) Order (Northern Ireland) 2016

Proposed:

That the draft Renewables Obligation (Amendment) Order (Northern Ireland) 2016 be approved.

Minister of Enterprise, Trade and Investment

The Principal Deputy Speaker informed the Assembly that as the Minister of Enterprise, Trade and Investment was not in his place to move the draft Renewables Obligation (Amendment) Order (Northern Ireland) 2016 that item of business falls.

3.9 Consideration Stage – Mental Capacity Bill (NIA Bill 49/11-16)

A valid Petition of Concern, under Standing Order 28, was presented in relation to amendment 116, on Monday 15 February 2016 (Appendix 1).

The Minister of Health, Social Services, and Public Safety, Mr Simon Hamilton, moved the Consideration Stage of the Mental Capacity Bill (NIA Bill 49/11-16).

489 amendments were tabled to the Bill, as well as the Minister's intention to oppose the question that Clauses 65, 252 and 253 stand part, the Chairperson of the Ad Hoc Joint Committee on the Mental Capacity Bill's intention to oppose the question that Clause 110 and Schedule 5 stand part, and both the Minister and the Chairperson's intention to oppose the question that Clause 288 stand part.

Clauses

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

After debate, amendment 1 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 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.

After debate, amendment 4 to Clause 7 was made without division.

The sitting was suspended at 12.49pm.

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

4. Question Time

4.1 Finance and Personnel

Questions were put to, and answered by, the Minister of Finance and Personnel, Mr Mervyn Storey.

4.2 Health, Social Services and Public Safety

Questions were put to, and answered by, the Minister of Health, Social Services and Public Safety, Mr Simon Hamilton.

The Deputy Speaker (Mr Beggs) in the Chair.

5. Executive Committee Business (cont'd)

5.1 Consideration Stage – Mental Capacity Bill (NIA Bill 49/11-16) (cont'd)

After debate, amendment 5 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 6 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 7 to Clause 10 was negatived without division.

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

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

After debate, amendment 8 to Clause 12 was negatived on division (Division 1).

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

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

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

As amendment 9 was made, amendment 10 was not called.

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 Clause 15 stand part of the Bill.

Amendment 11 was not moved.

After debate, amendment 12 to Clause 16 was made without division.

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

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

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

After debate, amendment 14 to Clause 18 was made without division.

After debate, amendment 15 to Clause 18 was made without division.

After debate, amendment 16 to Clause 18 was made without division.

After debate, amendment 17 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 and 20 stand part of the Bill.

After debate, amendment 18 to Clause 21 was made without division.

After debate, amendment 19 to Clause 21 was negatived on division (Division 2).

As amendment 19 was not made, amendments 20 and 21 were not called.

The question being put, it was agreed without division that Clause 21 as amended stand part of the Bill.

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

After debate, amendments 23 to 25 to Clause 22 were made without division.

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

After debate, amendment 26 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.

The question being put, it was agreed without division that Clauses 24 to 27 stand part of the Bill.

After debate, amendment 27 to Clause 28 was made without division.

After debate, amendment 28 to Clause 28 was made without division.

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

Amendment 29 was not moved.

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

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

After debate, amendment 30 to Clause 31 was made without division.

As amendment 30 was made, amendment 31 was not called.

After debate, amendment 32 to Clause 31 was made without division.

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

The question being put, it was agreed without division that Clauses 32 to 34 stand part of the Bill.

After debate, amendments 33 to 37 to Clause 35 were made without division.

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

After debate, amendment 38 to Clause 36 was made without division.

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

The question being put, it was agreed without division that Clauses 37 and 38 stand part of the Bill.

Amendment 39 was not moved.

As amendment 39 was not moved, amendments 40 and 41 were not called.

After debate, amendment 42 to Clause 39 was made without division.

As amendment 39 was not moved, amendment 43 was not called.

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

The question being put, it was agreed without division that Clauses 40 to 42 stand part of the Bill.

After debate, amendments 44 and 45 to Clause 43 were made without division.

The question being put, it was agreed without division that Clause 43 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 44 to 46 stand part of the Bill.

Amendment 46 was not moved.

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

After debate, amendment 47 to Clause 48 was made without division.

Amendment 48 was not moved.

Amendment 49 was not moved.

After debate, amendment 50 to Clause 48 was made without division.

The question being put, it was agreed without division that Clause 48 as amended stand part of the Bill.

After debate, amendment 51 inserting a new Clause 48A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 52 to Clause 49 was made without division.

The question being put, it was agreed without division that Clause 49 as amended stand part of the Bill.

After debate, amendments 53 and 54 to Clause 50 were made without division.

The question being put, it was agreed without division that Clause 50 as amended stand part of the Bill.

After debate, amendment 55 to Clause 51 was made without division.

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

After debate, amendment 56 inserting a new Clause 51A was made without division and it was agreed that the new clause stand part of the Bill.

Amendment 57 was not moved.

After debate, amendment 58 to Clause 52 was made without division.

As amendment 57 was not moved, amendments 59 to 62 were not called.

The question being put, it was agreed without division that Clause 52 as amended stand part of the Bill.

Amendment 63 was not moved.

After debate, amendments 64 to 66 to Clause 53 were made without division.

The question being put, it was agreed without division that Clause 53 as amended stand part of the Bill.

After debate, amendment 67 to Clause 54 was made without division.

The question being put, it was agreed without division that Clause 54 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 55 to 57 stand part of the Bill.

After debate, amendment 68 to Clause 58 was made without division.

The question being put, it was agreed without division that Clause 58 as amended stand part of the Bill.

After debate, amendment 69 inserting a new Clause 58A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendments 70 to 72 to Clause 59 were made without division.

The question being put, it was agreed without division that Clause 59 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 60 to 62 stand part of the Bill.

After debate, amendment 73 to Clause 63 was made without division.

The question being put, it was agreed without division that Clause 63 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 64 stand part of the Bill.

After debate, the question that Clause 65 stand part of the bill was negatived without division.

After debate, amendment 74 to Clause 66 was made without division.

The question being put, it was agreed without division that Clause 66 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 67 to 72 stand part of the Bill.

After debate, amendment 75 to Clause 73 was negatived on division (Division 3).

The question being put, it was agreed without division that Clause 73 stand part of the Bill.

The question being put, it was agreed without division that Clauses 74 to 76 stand part of the Bill.

After debate, amendment 76 to Clause 77 was made without division.

The question being put, it was agreed without division that Clause 77 as amended stand part of the Bill.

After debate, amendment 77 to Clause 78 was made without division.

After debate, amendment 78 to Clause 78 was made without division.

The question being put, it was agreed without division that Clause 78 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 79 to 83 stand part of the Bill.

After debate, amendments 79 to 81 to Clause 84 were made without division.

After debate, amendment 82 to Clause 84 was made without division.

After debate, amendment 83 to Clause 84 was made without division.

The question being put, it was agreed without division that Clause 84 as amended stand part of the Bill.

After debate, amendments 84 to 87 to Clause 85 were made without division.

The question being put, it was agreed without division that Clause 85 as amended stand part of the Bill.

After debate, amendments 88 to 90 to Clause 86 were made without division.

The question being put, it was agreed without division that Clause 86 as amended stand part of the Bill.

After debate, amendments 91 to 93 to Clause 87 were made without division.

After debate, amendment 94 to Clause 87 was made without division.

After debate, amendment 95 to Clause 87 was made without division.

The question being put, it was agreed without division that Clause 87 as amended stand part of the Bill.

After debate, amendments 96 and 97 to Clause 88 were made without division.

The question being put, it was agreed without division that Clause 88 as amended stand part of the Bill.

After debate, amendments 98 and 99 to Clause 89 were made without division.

The question being put, it was agreed without division that Clause 89 as amended stand part of the Bill.

After debate, amendments 100 to 104 to Clause 90 were made without division.

The question being put, it was agreed without division that Clause 90 as amended stand part of the Bill.

After debate, amendments 105 to 107 to Clause 91 were made without division.

The question being put, it was agreed without division that Clause 91 as amended stand part of the Bill.

After debate, amendments 108 to 110 to Clause 92 were made without division.

The question being put, it was agreed without division that Clause 92 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 93 stand part of the Bill.

After debate, amendments 111 to 115 to Clause 94 were made without division.

The question being put, it was agreed without division that Clause 94 as amended stand part of the Bill.

Amendment 116 was not moved.

The question being put, it was agreed without division that Clause 95 stand part of the Bill.

The question being put, it was agreed without division that Clauses 96 and 97 stand part of the Bill.

Amendment 117 was not moved.

The question being put, it was agreed without division that Clause 98 stand part of the Bill.

The Deputy Speaker (Mr Dallat) in the Chair.

After debate, amendment 118 to Clause 99 was negatived on division (Division 4).

The question being put, it was agreed without division that Clause 99 stand part of the Bill.

The question being put, it was agreed without division that Clauses 100 to 109 stand part of the Bill.

Amendment 119 was not moved.

After debate, the question that Clause 110 stand part of the bill was negatived without division.

The question being put, it was agreed without division that Clauses 111 and 112 stand part of the Bill.

After debate, amendment 120 to Clause 113 was made without division.

The question being put, it was agreed without division that Clause 113 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 114 stand part of the Bill.

After debate, amendments 121 and 122 to Clause 115 were made without division.

The question being put, it was agreed without division that Clause 115 as amended stand part of the Bill.

After debate, amendment 123 to Clause 116 was made without division.

The question being put, it was agreed without division that Clause 116 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 117 to 120 stand part of the Bill.

After debate, amendment 124 to Clause 121 was made without division.

After debate, amendment 125 to Clause 121 was made without division.

After debate, amendments 126 and 127 to Clause 121 were made without division.

The question being put, it was agreed without division that Clause 121 as amended stand part of the Bill.

After debate, amendment 128 inserting a new Clause 121A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendments 129 to 132 to Clause 122 were made without division.

The question being put, it was agreed without division that Clause 122 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 123 and 124 stand part of the Bill.

After debate, amendment 133 to Clause 125 was made without division.

The question being put, it was agreed without division that Clause 125 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 126 stand part of the Bill.

After debate, amendments 134 to 136 to Clause 127 were made without division.

The question being put, it was agreed without division that Clause 127 as amended stand part of the Bill.

Amendment 137 was not moved.

The question being put, it was agreed without division that Clause 128 stand part of the Bill.

The question being put, it was agreed without division that Clauses 129 and 130 stand part of the Bill.

After debate, amendment 138 to Clause 131 was made without division.

The question being put, it was agreed without division that Clause 131 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 132 stand part of the Bill.

After debate, amendment 139 to Clause 133 was made without division.

The question being put, it was agreed without division that Clause 133 as amended stand part of the Bill.

Amendment 140 was not moved.

The question being put, it was agreed without division that Clause 134 stand part of the Bill.

The question being put, it was agreed without division that Clauses 135 and 136 stand part of the Bill.

The sitting was suspended at 6.32pm.

The sitting resumed at 7.05pm with the Deputy Speaker (Mr Dallat) in the Chair.

After debate, amendment 141 to Clause 137 was made without division.

After debate, amendment 142 to Clause 137 was made without division.

The question being put, it was agreed without division that Clause 137 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 138 stand part of the Bill.

After debate, amendments 143 and 144 to Clause 139 were made without division.

The question being put, it was agreed without division that Clause 139 as amended stand part of the Bill.

Amendment 145 was not moved.

The question being put, it was agreed without division that Clause 140 stand part of the Bill.

Amendment 146 was not moved.

After debate, amendment 147 to Clause 141 was made without division.

The question being put, it was agreed without division that Clause 141 as amended stand part of the Bill.

After debate, amendment 148 to Clause 142 was made without division.

After debate, amendment 149 to Clause 142 was made without division.

The question being put, it was agreed without division that Clause 142 as amended stand part of the Bill.

After debate, amendments 150 and 151 to Clause 143 were made without division.

The question being put, it was agreed without division that Clause 143 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 144 stand part of the Bill.

After debate, amendments 152 to 162 to Clause 145 were made without division.

The question being put, it was agreed without division that Clause 145 as amended stand part of the Bill.

After debate, amendments 163 to 171 to Clause 146 were made without division.

The question being put, it was agreed without division that Clause 146 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 147 to 152 stand part of the Bill.

After debate, amendment 172 to Clause 153 was made without division.

The question being put, it was agreed without division that Clause 153 as amended stand part of the Bill.

After debate, amendment 173 to Clause 154 was made without division.

After debate, amendment 174 to Clause 154 was made without division.

The question being put, it was agreed without division that Clause 154 as amended stand part of the Bill.

After debate, amendment 175 to Clause 155 was made without division.

The question being put, it was agreed without division that Clause 155 as amended stand part of the Bill.

Amendment 176 was not moved.

The question being put, it was agreed without division that Clause 156 stand part of the Bill.

The question being put, it was agreed without division that Clause 157 stand part of the Bill.

After debate, amendment 177 to Clause 158 was made without division.

The question being put, it was agreed without division that Clause 158 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 159 to 161 stand part of the Bill.

Amendment 178 was not moved.

Amendment 179 was not moved.

As amendment 178 was not moved, amendment 180 was not called.

The question being put, it was agreed without division that Clause 162 stand part of the Bill.

After debate, amendment 181 to Clause 163 was made without division.

After debate, amendment 182 to Clause 163 was made without division.

As amendment 178 was not moved, amendments 183 to 185 were not called.

The question being put, it was agreed without division that Clause 163 as amended stand part of the Bill.

Amendment 186 was not moved.

The question being put, it was agreed without division that Clause 164 stand part of the Bill.

The question being put, it was agreed without division that Clause 165 stand part of the Bill.

After debate, amendments 187 and 188 to Clause 166 were made without division.

As amendment 178 was not moved, amendment 189 was not called.

After debate, amendment 190 to Clause 166 was made without division.

The question being put, it was agreed without division that Clause 166 as amended stand part of the Bill.

After debate, amendments 191 and 192 to Clause 167 were made without division.

The question being put, it was agreed without division that Clause 167 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 168 and 169 stand part of the Bill.

After debate, amendment 193 to Clause 170 was made without division.

The question being put, it was agreed without division that Clause 170 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 171 and 172 stand part of the Bill.

After debate, amendments 194 and 195 to Clause 173 were made without division.

Amendment 196 was not moved.

The question being put, it was agreed without division that Clause 173 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 174 stand part of the Bill.

Amendment 197 was not moved.

The question being put, it was agreed without division that Clause 175 stand part of the Bill.

As amendment 197 was not moved, amendments 198 and 199 were not called.

The question being put, it was agreed without division that Clause 176 stand part of the Bill.

The question being put, it was agreed without division that Clause 177 stand part of the Bill.

Amendment 200 was not moved.

As amendment 200 was not moved, amendments 201 and 202 were not called.

After debate, amendment 203 to Clause 178 was made without division.

The question being put, it was agreed without division that Clause 178 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 179 and 180 stand part of the Bill.

Amendment 204 was not moved.

As amendment 204 was not moved, amendments 205 to 207 were not called.

The question being put, it was agreed without division that Clause 181 stand part of the Bill.

The question being put, it was agreed without division that Clause 182 stand part of the Bill.

After debate, amendment 208 to Clause 183 was made without division.

The question being put, it was agreed without division that Clause 183 as amended stand part of the Bill.

As amendment 204 was not moved, amendments 209 and 210 were not called.

The question being put, it was agreed without division that Clause 184 stand part of the Bill.

As amendment 204 was not moved, amendments 211 to 214 were not called.

The question being put, it was agreed without division that Clause 185 stand part of the Bill.

The question being put, it was agreed without division that Clauses 186 to 189 stand part of the Bill.

After debate, amendment 215 to Clause 190 was made without division.

The question being put, it was agreed without division that Clause 190 as amended stand part of the Bill.

Amendment 216 was not moved.

The question being put, it was agreed without division that Clause 191 stand part of the Bill.

The question being put, it was agreed without division that Clause 192 stand part of the Bill.

As amendment 200 was not moved, amendments 217 to 221 were not called.

The question being put, it was agreed without division that Clause 193 stand part of the Bill.

The question being put, it was agreed without division that Clause 194 stand part of the Bill.

After debate, amendment 222 to Clause 195 was made without division.

The question being put, it was agreed without division that Clause 195 as amended stand part of the Bill.

After debate, amendment 223 to Clause 196 was made without division.

After debate, amendment 224 to Clause 196 was made without division.

After debate, amendments 225 to 229 to Clause 196 were made without division.

As amendment 229 was made, amendments 230 to 232 were not called.

The question being put, it was agreed without division that Clause 196 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 197 stand part of the Bill.

After debate, amendment 233 to Clause 198 was made without division.

The question being put, it was agreed without division that Clause 198 as amended stand part of the Bill.

As amendment 200 was not moved, amendment 234 was not called.

The question being put, it was agreed without division that Clause 199 stand part of the Bill.

The question being put, it was agreed without division that Clauses 200 and 201 stand part of the Bill.

As amendment 200 was not moved, amendments 235 and 236 were not called.

The question being put, it was agreed without division that Clause 202 stand part of the Bill.

The question being put, it was agreed without division that Clause 203 stand part of the Bill.

As amendment 178 was not moved, amendments 237 and 238 were not called.

The question being put, it was agreed without division that Clause 204 stand part of the Bill.

After debate, amendment 239 to Clause 205 was made without division.

After debate, amendment 240 to Clause 205 was made without division.

After debate, amendments 241 and 242 to Clause 205 were made without division.

The question being put, it was agreed without division that Clause 205 as amended stand part of the Bill.

After debate, amendment 243 to Clause 206 was made without division.

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

As amendment 178 was not moved, amendment 244 was not called.

After debate, amendment 245 to Clause 206 was made without division.

As amendment 178 was not moved, amendments 246 to 248 were not called.

The question being put, it was agreed without division that Clause 206 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 207 stand part of the Bill.

After debate, amendment 249 inserting a new Clause 207A 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 Clause 208 stand part of the Bill.

After debate, amendments 250 and 251 to Clause 209 were made without division.

The question being put, it was agreed without division that Clause 209 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 210 and 211 stand part of the Bill.

After debate, amendment 252 to Clause 212 was made without division.

The question being put, it was agreed without division that Clause 212 as amended stand part of the Bill.

After debate, amendment 253 to Clause 213 was made without division.

After debate, amendment 254 to Clause 213 was made without division.

After debate, amendments 255 to 260 to Clause 213 were made without division.

The question being put, it was agreed without division that Clause 213 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 214 stand part of the Bill.

After debate, amendment 261 to Clause 215 was made without division.

The question being put, it was agreed without division that Clause 215 as amended stand part of the Bill.

After debate, amendments 262 and 263 to Clause 216 were made without division.

The question being put, it was agreed without division that Clause 216 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 217 stand part of the Bill.

After debate, amendment 264 to Clause 218 was made without division.

The question being put, it was agreed without division that Clause 218 as amended stand part of the Bill.

After debate, amendment 265 to Clause 219 was made without division.

After debate, amendment 266 to Clause 219 was made without division.

After debate, amendments 267 to 277 to Clause 219 were made without division.

The question being put, it was agreed without division that Clause 219 as amended stand part of the Bill.

After debate, amendments 278 and 279 to Clause 220 were made without division.

The question being put, it was agreed without division that Clause 220 as amended stand part of the Bill.

After debate, amendment 280 to Clause 221 was made without division.

The question being put, it was agreed without division that Clause 221 as amended stand part of the Bill.

After debate, amendment 281 to Clause 222 was made without division.

The question being put, it was agreed without division that Clause 222 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 223 to 225 stand part of the Bill.

After debate, amendments 282 to 285 to Clause 226 were made without division.

The question being put, it was agreed without division that Clause 226 as amended stand part of the Bill.

After debate, amendment 286 to Clause 227 was made without division.

The question being put, it was agreed without division that Clause 227 as amended stand part of the Bill.

After debate, amendment 287 to Clause 228 was made without division.

The question being put, it was agreed without division that Clause 228 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 229 stand part of the Bill.

After debate, amendment 288 to Clause 230 was made without division.

The question being put, it was agreed without division that Clause 230 as amended stand part of the Bill.

After debate, amendment 289 inserting a new Clause 230A 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 Clause 231 stand part of the Bill.

After debate, amendment 290 to Clause 232 was made without division.

The question being put, it was agreed without division that Clause 232 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 233 stand part of the Bill.

After debate, amendments 291 and 292 to Clause 234 were made without division.

The question being put, it was agreed without division that Clause 234 as amended stand part of the Bill.

After debate, amendment 293 inserting a new Clause 234A 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 235 to 240 stand part of the Bill.

After debate, amendment 294 to Clause 241 was made without division.

The question being put, it was agreed without division that Clause 241 as amended stand part of the Bill.

After debate, amendment 295 to Clause 242 was made without division.

The question being put, it was agreed without division that Clause 242 as amended stand part of the Bill.

After debate, amendment 296 inserting a new Clause 242A 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 243 to 246 stand part of the Bill.

After debate, amendment 297 to Clause 247 was made without division.

After debate, amendment 298 to Clause 247 was made without division.

The question being put, it was agreed without division that Clause 247 as amended stand part of the Bill.

After debate, amendment 299 to Clause 248 was made without division.

After debate, amendment 300 to Clause 248 was made without division.

The question being put, it was agreed without division that Clause 248 as amended stand part of the Bill.

After debate, amendments 301 and 302 to Clause 249 were made without division.

The question being put, it was agreed without division that Clause 249 as amended stand part of the Bill.

After debate, amendment 303 inserting a new Clause 249A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 304 inserting a new Clause 249B was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 305 to Clause 250 was made without division.

The question being put, it was agreed without division that Clause 250 as amended stand part of the Bill.

After debate, amendment 306 to Clause 251 was made without division.

The question being put, it was agreed without division that Clause 251 as amended stand part of the Bill.

After debate, amendment 307 inserting a new Clause 251A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 308 inserting a new Clause 251B was made without division and it was agreed that the new clause stand part of the Bill.

After debate, the question that Clause 252 stand part of the bill was negatived without division.

After debate, amendment 309 inserting a new Clause 252A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, the question that Clause 253 stand part of the bill was negatived without division.

After debate, amendment 310 inserting a new Clause 253A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 311 inserting a new Clause 253B 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 254 and 255 stand part of the Bill.

After debate, amendment 312 to Clause 256 was made without division.

After debate, amendment 313 to Clause 256 was made without division.

After debate, amendment 314 to Clause 256 was made without division.

The question being put, it was agreed without division that Clause 256 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 257 stand part of the Bill.

After debate, amendment 315 to Clause 258 was made without division.

After debate, amendment 316 to Clause 258 was made without division.

After debate, amendment 317 to Clause 258 was made without division.

The question being put, it was agreed without division that Clause 258 as amended stand part of the Bill.

After debate, amendment 318 to Clause 259 was made without division.

The question being put, it was agreed without division that Clause 259 as amended stand part of the Bill.

After debate, amendment 319 to Clause 260 was made without division.

After debate, amendment 320 to Clause 260 was made without division.

The question being put, it was agreed without division that Clause 260 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 261 stand part of the Bill.

After debate, amendment 321 to Clause 262 was made without division.

The question being put, it was agreed without division that Clause 262 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 263 and 264 stand part of the Bill.

After debate, amendments 322 and 323 to Clause 265 were made without division.

After debate, amendment 324 to Clause 265 was made without division.

After debate, amendment 325 to Clause 265 was made without division.

The question being put, it was agreed without division that Clause 265 as amended stand part of the Bill.

After debate, amendments 326 and 327 to Clause 266 were made without division.

The question being put, it was agreed without division that Clause 266 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 267 to 269 stand part of the Bill.

After debate, amendments 328 and 329 to Clause 270 were made without division.

The question being put, it was agreed without division that Clause 270 as amended stand part of the Bill.

After debate, amendment 330 to Clause 271 was made without division.

The question being put, it was agreed without division that Clause 271 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 272 stand part of the Bill.

After debate, amendment 331 inserting a new Clause 272A 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 Clause 273 stand part of the Bill.

After debate, amendment 332 to Clause 274 was made without division.

The question being put, it was agreed without division that Clause 274 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 275 stand part of the Bill.

After debate, amendments 333 to 338 to Clause 276 were made without division.

The question being put, it was agreed without division that Clause 276 as amended stand part of the Bill.

After debate, amendment 339 to Clause 277 was made without division.

After debate, amendment 340 to Clause 277 was made without division.

The question being put, it was agreed without division that Clause 277 as amended stand part of the Bill.

After debate, amendment 341 inserting a new Clause 277A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 342 inserting a new Clause 277B was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendments 343 to 346 to Clause 278 were made without division.

After debate, amendment 347 to Clause 278 was made without division.

After debate, amendments 348 and 349 to Clause 278 were made without division.

The question being put, it was agreed without division that Clause 278 as amended stand part of the Bill.

After debate, amendments 350 to 355 to Clause 279 were made without division.

The question being put, it was agreed without division that Clause 279 as amended stand part of the Bill.

After debate, amendment 356 to Clause 280 was made without division.

The question being put, it was agreed without division that Clause 280 as amended stand part of the Bill.

After debate, amendment 357 to Clause 281 was made without division.

The question being put, it was agreed without division that Clause 281 as amended stand part of the Bill.

After debate, amendments 358 and 359 to Clause 282 were made without division.

The question being put, it was agreed without division that Clause 282 as amended stand part of the Bill.

After debate, amendment 360 to Clause 283 was made without division.

After debate, amendment 361 to Clause 283 was made without division.

After debate, amendments 362 to 367 to Clause 283 were made without division.

The question being put, it was agreed without division that Clause 283 as amended stand part of the Bill.

After debate, amendment 368 to Clause 284 was made without division.

The question being put, it was agreed without division that Clause 284 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 285 stand part of the Bill.

Amendment 369 was not moved.

As amendment 369 was not moved, amendments 370 to 378 were not called.

The question being put, it was agreed without division that Clause 286 stand part of the Bill.

The question being put, it was agreed without division that Clause 287 stand part of the Bill.

After debate, the question that Clause 288 stand part of the bill was negatived without division.

After debate, amendment 379 to Clause 289 was made without division.

After debate, amendment 380 to Clause 289 was made without division.

After debate, amendment 381 to Clause 289 was made without division.

After debate, amendment 382 to Clause 289 was made without division.

After debate, amendments 383 to 385 to Clause 289 were made without division.

After debate, amendment 386 to Clause 289 was made without division.

After debate, amendment 387 to Clause 289 was made without division.

The question being put, it was agreed without division that Clause 289 as amended stand part of the Bill.

After debate, amendment 388 to Clause 290 was made without division.

The question being put, it was agreed without division that Clause 290 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 291 and 292 stand part of the Bill.

After debate, amendments 389 to 402 to Clause 293 were made without division.

The question being put, it was agreed without division that Clause 293 as amended stand part of the Bill.

After debate, amendments 403 to 405 to Clause 294 were made without division.

The question being put, it was agreed without division that Clause 294 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 295 stand part of the Bill.

After debate, amendments 406 to 408 to Schedule 1 were made without division.

Amendment 409 was not moved.

As amendment 409 was not moved, amendments 410 to 412 were not called.

After debate, amendments 413 to 420 to Schedule 1 were made without division.

Amendment 421 was not moved.

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

Amendment 422 was not moved.

As amendment 422 was not moved, amendment 423 was not called.

After debate, amendment 424 to Schedule 2 was made without division.

As amendment 422 was not moved, amendments 425 to 429 were not called.

After debate, amendment 430 to Schedule 2 was made without division.

After debate, amendment 431 to Schedule 2 was made without division.

As amendment 431 was made, amendment 432 was not called.

After debate, amendment 433 to Schedule 2 was made without division.

As amendment 432 was not made, amendments 434 to 436 were not called.

After debate, amendment 437 to Schedule 2 was made without division.

As amendment 437 was made, amendments 438 and 439 were not called.

As amendment 432 was not made, amendment 440 was not called.

After debate, amendment 441 to Schedule 2 was made without division.

As amendment 432 was not made, amendments 442 to 449 were not called.

After debate, amendment 450 to Schedule 2 was made without division.

After debate, amendments 451 to 457 to Schedule 2 were made without division.

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

After debate, amendment 458 to Schedule 3 was made without division.

As amendment 39 was not moved, amendments 459 to 462 were not called.

After debate, amendments 463 and 464 to Schedule 3 were made without division.

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

After debate, amendments 465 to 468 to Schedule 4 were made without division.

The question being put, it was agreed without division that Schedule 4 as amended stand part of the Bill.

After debate, amendment 469 to Schedule 5 was made without division.

After debate, the question that Schedule 5 stand part of the bill was negatived without division.

The question being put, it was agreed without division that Schedules 6 and 7 stand part of the Bill.

After debate, amendment 470 inserting a new Schedule 7A was made without division and it was agreed that the new schedule stand part of the Bill.

After debate, amendments 471 to 480 to Schedule 8 were made without division.

After debate, amendment 481 to Schedule 8 was made without division.

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

After debate, amendment 482 to Schedule 9 was made without division.

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

After debate, amendments 483 and 484 to Schedule 10 were made without division.

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

After debate, amendments 485 to 489 to Schedule 11 were made without division.

The question being put, it was agreed without division that Schedule 11 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 Mental Capacity Bill (NIA Bill 49/11-16) stood referred to the Speaker.

6. Private Members' Business

6.1 Further Consideration Stage – Assembly and Executive Reform (Assembly Opposition) Bill (NIA Bill 62/11-16)

The sponsor of the Bill, Mr John McCallister, moved the Further Consideration Stage of the Assembly and Executive Reform (Assembly Opposition) Bill (NIA Bill 62/11-16).

28 amendments were tabled to the Bill.

The Speaker in the Chair

Clauses

After debate, amendment 4 to Clause 2 was made without division.

After debate, amendment 5 to Clause 3 was made without division.

Amendment 6 was not moved.

After debate, amendment 7 to Clause 5 was made without division.

After debate, amendment 8 to Clause 6 was made on division (Division 5).

After debate, amendment 9 inserting a new Clause 9A was made on division (Division 6).

After debate, amendment 10 inserting a new Clause 11A was made without division.

After debate, amendment 11 inserting a new Clause 11B was made on division (Division 7).

After debate, amendment 12 inserting a new Clause 11A was made on division (Division 8).

As amendment 11 was made, amendment 13 was not called.

After debate, amendment 14 to Clause 12 was made without division.

As amendment 13 was not made, amendment 15 was not called.

As amendment 13 was not made, amendment 16 was not called.

After debate, amendment 17 to Clause 13 was made without division.

After debate, amendment 18 to Clause 14 was made without division.

After debate, amendment 19 to Clause 16 was made without division.

After debate, amendment 21, as an amendment to amendment 20, was made without division.

After debate, amendment 20, as amended, inserting a new Schedule was made without division.

As amendment 12 was not made, amendment 22 was not called.

As amendment 20 was made, amendment 23 was not called.

As amendment 20 was made, amendment 24, as an amendment to amendment 23, was not called.

As amendment 20 was made, amendment 25, as an amendment to amendment 23, was not called.

As amendment 20 was made, amendment 26, as an amendment to amendment 23, was not called.

As amendment 20 was made, amendment 27, as an amendment to amendment 23, was not called.

As amendment 20 was made, amendment 28, as an amendment to amendment 23, was not called.

After debate, amendment LT1 to the Long Title was made on division (Division 9).

As amendment LT1 was made, amendment LT2 was not called.

As amendment LT1 was made, amendment LT3 was not called.

The Assembly and Executive Reform (Assembly Opposition) Bill (NIA Bill 62/11-16) stood referred to the Speaker for consideration in accordance with Section 10 of the Northern Ireland Act 1998.

7. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 11.28pm.

Mr Mitchel McLaughlin
The Speaker

16 February 2016

Appendix 1

The Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a Petition of Concern, in accordance with Standing Order 28, on Monday 15 February 2016, in relation to amendment 116 of the Consideration Stage of the Mental Capacity Bill (NIA Bill 49/11-16):

MR SYDNEY ANDERSON

MR JONATHAN BELL

MS PAULA BRADLEY

MR THOMAS BUCHANAN

MRS PAM CAMERON

MR GREGORY CAMPBELL

MR TREVOR CLARKE

MR JONATHAN CRAIG

MR SAMMY DOUGLAS

MR GORDON DUNNE

MR ALEX EASTON

MRS ARLENE FOSTER

MR PAUL FREW

MR PAUL GIRVAN

MR PAUL GIVAN

MRS BRENDA HALE

MR SIMON HAMILTON

MR DAVID HILDITCH

MR WILLIAM HUMPHREY

MR WILLIAM IRWIN

MR GORDON LYONS

MR NELSON MCCAUSLAND

MR IAN MCCREA

MR DAVID MCILVEEN

MISS MICHELLE MCILVEEN

MR ADRIAN MCQUILLAN

MR GARY MIDDLETON

THE LORD MORROW

MR STEPHEN MOUTRAY

MRS EMMA PENGELLY

MR EDWIN POOTS

MR GEORGE ROBINSON

MR PETER ROBINSON

MR ALASTAIR ROSS

MR MERVYN STOREY

MR PETER WEIR

MR JIM WELLS

16 February 2016
Division 1

Consideration Stage – Mental Capacity Bill (NIA Bill 49/11-16) (Amendment 8)

The Question was put and the Assembly divided.

Ayes: 37
Noes: 56

AYES

Mr Attwood, Mr Boylan, Mr Dallat, Mr Diver, Mr Durkan, Mr Eastwood, Ms Fearon, Mr Flanagan, Ms Hanna, Mr Hazzard, Mrs D Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McCrossan, Mr McElduff, 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 O'Dowd, Mrs O'Neill, Mr Rogers, Ms Ruane, Mr Sheehan

Tellers for the Ayes: Mr Lynch, Mr Sheehan

NOES

Mr Agnew, Mr Allen, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, 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, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mr Hamilton, Mr Irwin, Mr G Kelly, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyons, Mr Lyttle, Mr McCallister, 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 Ó Muilleoir, Mrs Overend, Mr Patterson, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Mr Storey, Ms Sugden, Mr Swann, Mr Weir

Tellers for the Noes: Mr McQuillan, Mr G Robinson

The amendment was negatived.

16 February 2016
Division 2

Consideration Stage – Mental Capacity Bill (NIA Bill 49/11-16) (Amendment 19)

The Question was put and the Assembly divided.

Ayes: 39
Noes: 53

AYES

Mr Attwood, Mr Boylan, Mr Diver, Mr Durkan, Mr Eastwood, Ms Fearon, Mr Flanagan, Ms Hanna, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Lunn, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McCrossan, Mr McElduff, 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, Mr Rogers, Ms Ruane, Mr Sheehan

Tellers for the Ayes: Mr Lynch, Mr Sheehan

NOES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, 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, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kennedy, Ms Lo, Mr Lyons, Mr Lyttle, Mr McCallister, Mr McCarthy, Mr McCausland, 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

Tellers for the Noes: Mr McQuillan, Mr G Robinson

The amendment was negatived.

16 February 2016
Division 3

Consideration Stage – Mental Capacity Bill (NIA Bill 49/11-16) (Amendment 75)

The Question was put and the Assembly divided.

Ayes: 38
Noes: 52

AYES

Mr Attwood, Mr Boylan, 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, Ms McCorley, Mr McCrossan, Mr McElduff, 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, Mr Rogers, Ms Ruane, Mr Sheehan

Tellers for the Ayes: Mr G Kelly, Mr McCartney

NOES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, 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, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyons, Mr Lyttle, Mr McCallister, Mr McCarthy, Mr McCausland, 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 G Robinson, Mr Ross, Mr Storey, Ms Sugden, Mr Swann, Mr Weir

Tellers for the Noes: Mr McQuillan, Mr G Robinson

The amendment was negatived.

16 February 2016
Division 4

Consideration Stage – Mental Capacity Bill (NIA Bill 49/11-16) (Amendment 118)

The Question was put and the Assembly divided.

Ayes: 37
Noes: 51

AYES

Mr Attwood, Mr Boylan, 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, 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, Mr Rogers, Ms Ruane, Mr Sheehan

Tellers for the Ayes: Mr Lynch, Mr McAleer

NOES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, 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 Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyons, Mr Lyttle, Mr McCallister, Mr McCarthy, Mr McCausland, 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 G Robinson, Mr Ross, Mr Storey, Ms Sugden, Mr Swann, Mr Weir

Tellers for the Noes: Mr McQuillan, Mr G Robinson

The amendment was negatived.

16 February 2016
Division 5

Further Consideration Stage – Assembly and Executive Reform (Assembly Opposition) (NIA Bill 62/11-16) (Amendment 8)

The Question was put and the Assembly divided.

Ayes: 30
Noes: 51

AYES

Mr Agnew, Mr Allen, Mr Allister, Mr Attwood, Mr Beggs, Mrs Cochrane, Mr Cochrane-Watson, Mr Cree, Mr Dallat, Mr Dickson, Mr Diver, Mr Durkan, Mr Eastwood, Dr Farry, Ms Hanna, Mrs D Kelly, Mr Kennedy, Mr Lunn, Mr McCallister, Mr McCrossan, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness, Mr Nesbitt, Mrs Overend, Mr Patterson, Mr Rogers, Ms Sugden, Mr Swann

Tellers for the Ayes: Mr Kennedy, Mrs Overend

NOES

Mr Anderson, Mr Bell, Ms P Bradley, Mrs Cameron, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Ms Fearon, Mr Flanagan, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Lynch, Mr Lyons, Mr F McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr I McCrea, Mr McElduff, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin, Mr McQuillan, Mr Middleton, Lord Morrow, Mr Moutray, Mr Murphy, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Storey, Mr Weir, Mr Wells

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

The amendment was negatived.

16 February 2016
Division 6

Further Consideration Stage – Assembly and Executive Reform (Assembly Opposition) (NIA Bill 62/11-16) (Amendment 9)

The Question was put and the Assembly divided.

Ayes: 19
Noes: 61

AYES

Mr Agnew, Mr Attwood, Mrs Cochrane, Mr Dallat, Mr Dickson, Mr Diver, Mr Durkan, Mr Eastwood, Ms Hanna, Mrs D Kelly, Mr Lunn, Mr McCallister, Mr McCrossan, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness, Mr Rogers, Ms Sugden

Tellers for the Ayes: Ms Hanna, Mrs D Kelly

NOES

Mr Allen, Mr Allister, Mr Anderson, Mr Beggs, Mr Bell, Ms P Bradley, Mrs Cameron, Mr Clarke, Mr Cochrane-Watson, Mr Craig, Mr Cree, Mr Douglas, Mr Dunne, Mr Easton, Ms Fearon, Mr Flanagan, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Kennedy, Mr Lynch, Mr Lyons, Mr F McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr I McCrea, Mr McElduff, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin, Mr McQuillan, Mr Middleton, Lord Morrow, Mr Moutray, Mr Murphy, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr Patterson, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Storey, Mr Swann, Mr Weir, Mr Wells

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

The amendment was negatived.

16 February 2016
Division 7

Further Consideration Stage – Assembly and Executive Reform (Assembly Opposition) (NIA Bill 62/11-16) (Amendment 11)

The Question was put and the Assembly divided.

Ayes: 53
Noes: 28

AYES

Mr Agnew, Mr Allister, Mr Anderson, Mr Attwood, Mr Bell, Ms P Bradley, Mrs Cameron, Mr Clarke, Mrs Cochrane, Mr Craig, Mr Dallat, Mr Dickson, Mr Diver, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Eastwood, Dr Farry, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Ms Hanna, Mr Hilditch, Mr Humphrey, Mr Irwin, Mrs D Kelly, Mr Lunn, Mr Lyons, Mr McCallister, 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, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Rogers, Mr Ross, Mr Storey, Ms Sugden, Mr Weir, Mr Wells

Tellers for the Ayes: Mr Agnew, Mr McCallister

NOES

Mr Allen, Mr Beggs, Mr Cochrane-Watson, Mr Cree, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Kennedy, Mr Lynch, Mr F McCann, Mr McCartney, Ms McCorley, Mr McElduff, Mr McKay, Ms Maeve McLaughlin, 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, Mr Sheehan, Mr Swann

Tellers for the Noes: Ms Fearon, Mr Ó Muilleoir

The amendment was made.

16 February 2016
Division 8

Further Consideration Stage – Assembly and Executive Reform (Assembly Opposition) (NIA Bill 62/11-16) (Amendment 12)

The Question was put and the Assembly divided.

Ayes: 30
Noes: 51

AYES

Mr Agnew, Mr Allen, Mr Allister, Mr Attwood, Mr Beggs, Mrs Cochrane, Mr Cochrane-Watson, Mr Cree, Mr Dallat, Mr Dickson, Mr Diver, Mr Durkan, Mr Eastwood, Dr Farry, Ms Hanna, Mrs D Kelly, Mr Kennedy, Mr Lunn, Mr McCallister, Mr McCrossan, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness, Mr Nesbitt, Mrs Overend, Mr Patterson, Mr Rogers, Ms Sugden, Mr Swann

Tellers for the Ayes: Mr Agnew, Ms Sugden

NOES

Mr Anderson, Mr Bell, Ms P Bradley, Mrs Cameron, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Ms Fearon, Mr Flanagan, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Lynch, Mr Lyons, Mr F McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr I McCrea, Mr McElduff, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin, Mr McQuillan, Mr Middleton, Lord Morrow, Mr Moutray, Mr Murphy, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Storey, Mr Weir, Mr Wells

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

The amendment was negatived.

16 February 2016
Division 9

Further Consideration Stage – Assembly and Executive Reform (Assembly Opposition) (NIA Bill 62/11-16) (Amendment LT1)

The Question was put and the Assembly divided.

Ayes: 53
Noes: 28

AYES

Mr Agnew, Mr Allister, Mr Anderson, Mr Attwood, Mr Bell, Ms P Bradley, Mrs Cameron, Mr Clarke, Mrs Cochrane, Mr Craig, Mr Dallat, Mr Dickson, Mr Diver, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Eastwood, Dr Farry, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Ms Hanna, Mr Hilditch, Mr Humphrey, Mr Irwin, Mrs D Kelly, Mr Lunn, Mr Lyons, Mr McCallister, 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, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Rogers, Mr Ross, Mr Storey, Ms Sugden, Mr Weir, Mr Wells

Tellers for the Ayes: Mr McCallister, Ms Sugden

NOES

Mr Allen, Mr Beggs, Mr Cochrane-Watson, Mr Cree, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Kennedy, Mr Lynch, Mr F McCann, Mr McCartney, Ms McCorley, Mr McElduff, Mr McKay, Ms Maeve McLaughlin, 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, Mr Sheehan, Mr Swann

Tellers for the Noes: Ms Fearon, Mr Ó Muilleoir

The amendment was made.

Assembly Members (Reduction of Numbers) Bill

Annotated Marshalled List of Amendments

Further Consideration Stage

Tuesday 16 February 2016

Amendments tabled up to 9.30am Wednesday, 10 February 2016 and selected for debate.

Amendment 1 [Made]

Clause 1, Page 1, Line 5

Leave out 'next Assembly' and insert '2016'

The First Minister and deputy First Minister

Amendment 2 [Made]

Clause 1, Page 1, Line 7

At end insert -

'"2016 election" means the election held in 2016 in accordance with section 31(1) of that Act."'

The First Minister and deputy First Minister

Amendment 3 [Not moved]

New Clause

After Clause 1 insert -

'Review of number of members of the Assembly

1A. Standing orders shall provide that the committee established in accordance with section 29A of the Northern Ireland Act 1998 shall—

(a) review the impact section 1 would have on the total number of Assembly members, should changes be made to the number of constituencies; and

(b) report on its review, including in relation to the desirability of reducing the number of Assembly members below 90, by 1 December 2018.'

Mr John McCallister

Northern Ireland

Assembly

Mental Capacity Bill

Annotated Marshalled List of Amendments

Consideration Stage

Tuesday 16 February 2016

Amendments tabled up to 9.30am Wednesday, 10 February 2016 and selected for debate.

The Bill will be considered in the following order

Clauses, Schedules and Long Title

Amendment 1 [Made]

Clause 4, Page 2, Line 41

After 'means).' insert 'and references to enabling or helping a person to make a decision about a matter are to be read accordingly.'

Minister of Health, Social Services and Public Safety

Amendment 2 [Made]

Clause 5, Page 3, Line 29

At end insert -

'(3A) For the purposes of providing the information or explanation mentioned in subsection (2)(a) in a way appropriate to the person's circumstances it may, in particular, be appropriate—

(a) to use simple language or visual aids; or

(b) to provide support for the purposes of communicating the information or explanation.

(3B) The reference in subsection (2)(c) to persons whose involvement is likely to help the person to make a decision may, in particular, include a person who provides support to help the person communicate his or her decision.'

Minister of Health, Social Services and Public Safety

Amendment 3 [Made]

Clause 7, Page 5, Line 17

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 4 [Made]

Clause 7, Page 5, Line 19

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 5 [Made]

Clause 7, Page 5, Line 23

After second 'attorney' insert ', or an enduring power of attorney,'

Minister of Health, Social Services and Public Safety

Amendment 6 [Made]

Clause 9, Page 6, Line 33

After '(independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 7 [Negatived]

Clause 10, Page 7, Line 3

After 'damage' insert 'or injury'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 8 [Negatived on division]

Clause 12, Page 8, Line 18

Leave out 'a threat' and insert 'an expressed intention to use force'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 9 [Made]

Clause 14, Page 9, Line 22

Leave out subsection (4) and insert -

'(4) In this section references to a "suitably qualified" person are to a person of a prescribed description.'

Minister of Health, Social Services and Public Safety

Amendment 10 [Not called]

Clause 14, Page 9, Line 22

Leave out 'may' and insert 'shall'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 11 [Not moved]

Clause 16, Page 10, Line 6

Leave out paragraph (a)

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 12 [Made]

Clause 16, Page 10, Line 10

Leave out 'for P'

Minister of Health, Social Services and Public Safety

Amendment 13 [Made]

Clause 18, Page 11, Line 24

Leave out 'for P'

Minister of Health, Social Services and Public Safety

Amendment 14 [Made]

Clause 18, Page 11, Line 32

Leave out from 'consulted' to end of line 33 and insert -

'—

(a) examined P;

(b) examined any health records relating to P that have been produced under subsection (2)(b) and appear to the practitioner to be relevant (having taken reasonable steps to require the production of relevant health records); and

(c) consulted such person or persons as appear to the practitioner to be principally concerned with treating P (generally).'

Minister of Health, Social Services and Public Safety

Amendment 15 [Made]

Clause 18, Page 11, Line 41

Leave out 'for P'

Minister of Health, Social Services and Public Safety

Amendment 16 [Made]

Clause 18, Page 11, Line 42

At end insert -

'(5A) Where RQIA receives a relevant request and proposes to ask a medical practitioner to provide an opinion on whether it would be in P's best interests to have the treatment, it must (when considering who to ask) have regard to the desirability of asking a medical practitioner who is independent of any medical practitioner concerned with the provision to P of the treatment.'

Minister of Health, Social Services and Public Safety

Amendment 17 [Made]

Clause 18, Page 12, Line 1

Leave out 'subsection (5)' and insert 'this section'

Minister of Health, Social Services and Public Safety

Amendment 18 [Made]

Clause 21, Page 13, Line 10

Leave out 'section 19' and insert 'sections 19 and 22'

Chair, Ad Hoc Joint Committee on the Mental Capacity Bill

Amendment 19 [Negatived on division]

Clause 21, Page 13, Line 14

Leave out 'physical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 20 [Not called]

Clause 21, Page 13, Line 16

Leave out 'physical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 21 [Not called]

Clause 21, Page 13, Line 24

Leave out 'physical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 22 [Made]

Clause 22, Page 13, Line 38

Leave out from '(and' to 'act)' on line 39 and insert '; and (b) the prevention of serious harm condition (as well as the conditions of section 9(1)(c) and (d), and any other conditions that apply under this Part) is met'

Chair, Ad Hoc Joint Committee on the Mental Capacity Bill

Amendment 23 [Made]

Clause 22, Page 13, Line 40

Leave out 'This section' and insert 'Subsection (2)(a)'

Chair, Ad Hoc Joint Committee on the Mental Capacity Bill

Amendment 24 [Made]

Clause 22, Page 14, Line 1

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

Chair, Ad Hoc Joint Committee on the Mental Capacity Bill

Amendment 25 [Made]

Clause 22, Page 14, Line 3

At end insert -

'(5) See section 21 for the prevention of serious harm condition.'

Chair, Ad Hoc Joint Committee on the Mental Capacity Bill

Amendment 26 [Made]

Clause 23, Page 14, Line 14

At end insert -

'; or

(d) the act is done at a time when a supervision and assessment order (see Schedule 7A) is in force in respect of the person.'

Minister of Health, Social Services and Public Safety

Amendment 27 [Made]

Clause 28, Page 16, Line 22

Leave out from 'which' to 'to' on line 23 and insert 'that would or might'

Minister of Health, Social Services and Public Safety

Amendment 28 [Made]

Clause 28, Page 17, Line 1

Leave out subsection (6)

Minister of Health, Social Services and Public Safety

Amendment 29 [Not moved]

Clause 29, Page 17, Line 8

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 30 [Made]

Clause 31, Page 18, Line 16

Leave out subsection (3) and insert -

'(3) In subsection (2)(a) "healthcare professional" means a person of a prescribed description.'

Minister of Health, Social Services and Public Safety

Amendment 31 [Not called]

Clause 31, Page 18, Line 16

Leave out 'may' and insert 'shall'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 32 [Made]

Clause 31, Page 18, Line 18

Leave out 'which is likely to' and insert 'that would or might'

Minister of Health, Social Services and Public Safety

Amendment 33 [Made]

Clause 35, Page 19, Line 39

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 34 [Made]

Clause 35, Page 19, Line 41

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 35 [Made]

Clause 35, Page 20, Line 2

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 36 [Made]

Clause 35, Page 20, Line 5

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 37 [Made]

Clause 35, Page 20, Line 12

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 38 [Made]

Clause 36, Page 20, Line 19

Leave out from 'which' to 'to' on line 20 and insert 'that would or might'

Minister of Health, Social Services and Public Safety

Amendment 39 [Not moved]

Clause 39, Page 21, Line 36

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 40 [Not called]

Clause 39, Page 22, Line 4

After 'practitioner's' insert 'or approved clinician's'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 41 [Not called]

Clause 39, Page 22, Line 13

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 42 [Made]

Clause 39, Page 22, Line 13

Leave out 'is likely to lack' and insert 'lacks (or probably lacks)'

Minister of Health, Social Services and Public Safety

Amendment 43 [Not called]

Clause 39, Page 22, Line 18

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 44 [Made]

Clause 43, Page 23, Line 32

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 45 [Made]

Clause 43, Page 23, Line 41

Leave out 'likely to lack' and insert 'lacks, or probably lacks,'

Minister of Health, Social Services and Public Safety

Amendment 46 [Not moved]

Clause 47, Page 25, Line 40

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 47 [Made]

Clause 48, Page 26, Line 4

Leave out subsections (1) and (2) and insert -

'(1) Where—

(a) on any date ("the extension date"), the period of an authorisation under Schedule 1 is extended under section 38 or Schedule 3,

(b) the authorisation has been in force throughout the relevant period (see subsection (2)), and

(c) the Tribunal has not considered the person's case at any time in that period,

the relevant trust must as soon as practicable refer the person's case to the Tribunal.

(2) The "relevant period" is—

(a) if the person to whom the authorisation relates ("the person") is under 18, the period of one year ending with the extension date;

(b) otherwise, the period of two years ending with the extension date.'

Minister of Health, Social Services and Public Safety

Amendment 48 [Not moved]

Clause 48, Page 26, Line 8

Leave out 'two' and insert 'one'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 49 [Not moved]

Clause 48, Page 26, Line 9

Leave out 'one year' and insert 'six months'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 50 [Made]

Clause 48, Page 26, Line 32

Leave out '(1)(c)' and insert '(2)'

Minister of Health, Social Services and Public Safety

Amendment 51 [Made]

New Clause

After Clause 48 insert -

'References etc to Tribunal: persons formerly detained under the Mental Health Order

48A.—(1) This section applies where—

(a) immediately before the day a person reaches the age of 16 ("the relevant day"), the person is liable to be detained under Part 2 of the Mental Health Order; and

(b) on that day, there is in force an authorisation under Schedule 1 to this Act ("the authorisation") that authorises the detention of the person in circumstances amounting to a deprivation of liberty.

(2) If an application to the Tribunal by the person, or a reference of the person's case to the Tribunal, was made under Part 5 of the Mental Health Order before the relevant day but has not been dealt with by that day, the matters to be considered by the Tribunal include the question whether the authorisation is appropriate.

(3) If—

(a) on any date when the person is under 17, the period of the authorisation is extended (under section 37 or 38 or Schedule 3),

(b) a relevant authority has been in force throughout the period of one year ending with that date, and

(c) the Tribunal has not considered the person's case at any time in that period,

the relevant trust must as soon as practicable refer to the Tribunal the question whether the authorisation

is appropriate.

(4) In this section—

"the person's case"—

(a) in relation to any time when the person was under 16, has the same meaning as in Part 5 of the Mental Health Order;

(b) in relation to any time when the person is 16 or over, means the question whether the authorisation is appropriate;

"relevant authority"—

(a) in relation to any time when the person was under 16, means an authority under Part 2 of the Mental Health Order for the detention of the person;

(b) in relation to any time when the person is 16 or over, means the authorisation;

"the relevant trust" has the same meaning as in section 48.'

Minister of Health, Social Services and Public Safety

Amendment 52 [Made]

Clause 49, Page 26, Line 41

Leave out 'is likely to lack' and insert 'lacks (or probably lacks)'

Minister of Health, Social Services and Public Safety

Amendment 53 [Made]

Clause 50, Page 27, Line 27

Leave out 'it is more likely than not' and insert 'there is a good prospect of it being established'

Minister of Health, Social Services and Public Safety

Amendment 54 [Made]

Clause 50, Page 27, Line 30

Leave out from 'it' to 'not' on line 31 and insert 'there is a good prospect of it being established'

Minister of Health, Social Services and Public Safety

Amendment 55 [Made]

Clause 51, Page 28, Line 11

Leave out from 'prevention' to '2)' on line 12 and insert 'condition in paragraph 12 of Schedule 2'

Minister of Health, Social Services and Public Safety

Amendment 56 [Made]

New Clause

After Clause 51 insert -

'Sections 50 and 51: additional powers of Tribunal

51A.—(1) This section applies where, under section 50 or 51, the Tribunal decides to do anything other than revoke the authorisation.

(2) The Tribunal may, with a view to facilitating the ending at a future date of a measure still authorised by the authorisation—

(a) recommend the taking of specified actions in relation to P; and

(b) further consider P's case in the event of any recommendation not being complied with.

(3) Where the Tribunal further considers P's case under subsection (2)(b), section 50 or (as the case may be) section 51 applies.'

Minister of Health, Social Services and Public Safety

Amendment 57 [Not moved]

Clause 52, Page 28, Line 17

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 58 [Made]

Clause 52, Page 28, Line 28

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 59 [Not called]

Clause 52, Page 28, Line 32

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 60 [Not called]

Clause 52, Page 28, Line 34

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 61 [Not called]

Clause 52, Page 28, Line 35

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 62 [Not called]

Clause 52, Page 28, Line 36

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 63 [Not moved]

Clause 53, Page 28, Line 38

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 64 [Made]

Clause 53, Page 28, Line 40

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 65 [Made]

Clause 53, Page 29, Line 4

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 66 [Made]

Clause 53, Page 29, Line 13

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 67 [Made]

Clause 54, Page 29, Line 31

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 68 [Made]

Clause 58, Page 31, Line 32

Leave out 'power' and insert 'a power (or duty)'

Minister of Health, Social Services and Public Safety

Amendment 69 [Made]

New Clause

After Clause 58 insert -

'Power to make further provision

58A.—(1) The Department may by regulations make provision modifying any provision of this Part in relation to cases where—

(a) an act is proposed to be done in respect of a person after that person has reached the age of 16, but

(b) at the time the act is proposed, the person is under 16.

(2) The Department may by regulations make provision enabling prescribed relevant documents that are found to be incorrect or defective within a prescribed period from being made—

(a) to be rectified within a prescribed period, and

(b) to have effect as if originally made as rectified.

(3) In subsection (2) "relevant document" means an authorisation, or other document, made for the purposes of this Part.'

Minister of Health, Social Services and Public Safety

Amendment 70 [Made]

Clause 59, Page 32, Line 6

Leave out 'other' and insert 'otherwise'

Minister of Health, Social Services and Public Safety

Amendment 71 [Made]

Clause 59, Page 32, Line 8

Leave out 'at the end of that period, did not become liable to be' and insert 'immediately after the end of that period, was not'

Minister of Health, Social Services and Public Safety

Amendment 72 [Made]

Clause 59, Page 32, Line 32

Leave out 'liable to be'

Minister of Health, Social Services and Public Safety

Amendment 73 [Made]

Clause 63, Page 35, Line 4

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Clause 65 [Question that Clause 65 stand part negatived]

The Minister of Health, Social Services and Public Safety gives notice of his intention to oppose the question that Clause 65 stand part of the Bill.

Minister of Health, Social Services and Public Safety

Amendment 74 [Made]

Clause 66, Page 36, Line 27

After '20.' insert 'treatment that "might be" treatment with serious consequences: references to such treatment are to treatment where the risk of the treatment turning out to be treatment with serious consequences is more than negligible.'

Minister of Health, Social Services and Public Safety

Amendment 75 [Negatived on division]

Clause 73, Page 39, Line 37

Leave out paragraph (b)

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 76 [Made]

Clause 77, Page 41, Line 37

After 'X' insert '(including sensitive personal information)'

Minister of Health, Social Services and Public Safety

Amendment 77 [Made]

Clause 78, Page 42, Line 27

After second 'attorney' insert ', or an enduring power of attorney,'

Minister of Health, Social Services and Public Safety

Amendment 78 [Made]

Clause 78, Page 42, Line 31

Leave out subsection (6) and insert -

'(6) In this section "appropriate healthcare professional" means a person of a prescribed description.'

Minister of Health, Social Services and Public Safety

Amendment 79 [Made]

Clause 84, Page 45, Line 6

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 80 [Made]

Clause 84, Page 45, Line 8

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 81 [Made]

Clause 84, Page 45, Line 15

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 82 [Made]

Clause 84, Page 45, Line 16

Leave out from ', so' to 'practicable,' on line 17

Minister of Health, Social Services and Public Safety

Amendment 83 [Made]

Clause 84, Page 45, Line 19

Leave out '"an independent' and insert '"independent mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 84 [Made]

Clause 85, Page 45, Line 39

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 85 [Made]

Clause 85, Page 45, Line 41

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 86 [Made]

Clause 85, Page 46, Line 13

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 87 [Made]

Clause 85, Page 46, Line 17

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 88 [Made]

Clause 86, Page 46, Line 26

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 89 [Made]

Clause 86, Page 46, Line 29

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 90 [Made]

Clause 86, Page 46, Line 37

Leave out subsection (6) and insert -

'(6) In this section "appropriate healthcare professional" means a person of a prescribed description.'

Minister of Health, Social Services and Public Safety

Amendment 91 [Made]

Clause 87, Page 46, Line 41

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 92 [Made]

Clause 87, Page 47, Line 2

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 93 [Made]

Clause 87, Page 47, Line 8

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 94 [Made]

Clause 87, Page 47, Line 8

After 'P' insert '(including sensitive personal information)'

Minister of Health, Social Services and Public Safety

Amendment 95 [Made]

Clause 87, Page 47, Line 9

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 96 [Made]

Clause 88, Page 47, Line 12

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 97 [Made]

Clause 88, Page 47, Line 19

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 98 [Made]

Clause 89, Page 47, Line 27

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 99 [Made]

Clause 89, Page 47, Line 32

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 100 [Made]

Clause 90, Page 47, Line 35

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 101 [Made]

Clause 90, Page 47, Line 38

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 102 [Made]

Clause 90, Page 47, Line 40

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 103 [Made]

Clause 90, Page 48, Line 1

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 104 [Made]

Clause 90, Page 48, Line 5

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 105 [Made]

Clause 91, Page 48, Line 9

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 106 [Made]

Clause 91, Page 48, Line 12

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 107 [Made]

Clause 91, Page 48, Line 13

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 108 [Made]

Clause 92, Page 48, Line 22

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 109 [Made]

Clause 92, Page 48, Line 23

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 110 [Made]

Clause 92, Page 48, Line 27

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 111 [Made]

Clause 94, Page 49, Line 10

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 112 [Made]

Clause 94, Page 49, Line 14

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 113 [Made]

Clause 94, Page 49, Line 17

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 114 [Made]

Clause 94, Page 49, Line 19

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 115 [Made]

Clause 94, Page 49, Line 21

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 116 [Not moved]

Clause 95, Page 50, Line 17

Leave out '18' and insert '16'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 117 [Not moved]

Clause 98, Page 52, Line 37

Leave out '(including the attorney)'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 118 [Negatived on division]

Clause 99, Page 53, Line 14

At end insert -

'(3) An individual convicted of fraud should be the subject of a risk assessment for suitability for post of Attorney.'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 119 [Not moved]

Clause 110, Page 60, Line 9

At end insert -

'(4) Enduring power of Attorney can run in tandem with lasting power of attorney.'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Clause 110 [Question that Clause 110 stand part negatived]

The Member listed below gives notice of his intention to oppose the question that Clause 110 stand part of the Bill.

Chair, Ad Hoc Joint Committee on the Mental Capacity Bill

Amendment 120 [Made]

Clause 113, Page 61, Line 34

At end insert -

'(1A) In this section "specified" means specified by the court.'

Minister of Health, Social Services and Public Safety

Amendment 121 [Made]

Clause 115, Page 62, Line 37

Leave out paragraphs (a) and (b) and insert -

'(a) in specified circumstances or on the happening of specified events;

(b) for a specified period.'

Minister of Health, Social Services and Public Safety

Amendment 122 [Made]

Clause 115, Page 63, Line 14

At end insert -

'(10) In this section "specified" means specified by the court.'

Minister of Health, Social Services and Public Safety

Amendment 123 [Made]

Clause 116, Page 63, Line 35

After 'attorney' insert ', or an enduring power of attorney,'

Minister of Health, Social Services and Public Safety

Amendment 124 [Made]

Clause 121, Page 66, Line 11

Leave out 'permission' and insert 'leave'

Minister of Health, Social Services and Public Safety

Amendment 125 [Made]

Clause 121, Page 66, Line 16

Leave out paragraphs (c) and (d) and insert -

'(c) where the application relates to a lasting power of attorney or enduring power of attorney and the application is made by the donor or any person who is an attorney under the power;'

Minister of Health, Social Services and Public Safety

Amendment 126 [Made]

Clause 121, Page 66, Line 26

Leave out 'permission' and insert 'leave'

Minister of Health, Social Services and Public Safety

Amendment 127 [Made]

Clause 121, Page 66, Line 28

Leave out 'permission' and insert 'leave'

Minister of Health, Social Services and Public Safety

Amendment 128 [Made]

New Clause

After Clause 121 insert -

'Duty to notify Attorney General

121A.—(1) A person who makes an application to the court under this Part must notify the Attorney General of that fact.

(2) The notification must be made in accordance with rules of court.

(3) The Attorney General may intervene in the proceedings on the application in such way as the Attorney General considers appropriate.'

Minister of Health, Social Services and Public Safety

Amendment 129 [Made]

Clause 122, Page 68, Line 11

Leave out 'permission' and insert 'leave'

Minister of Health, Social Services and Public Safety

Amendment 130 [Made]

Clause 122, Page 68, Line 12

Leave out 'permission' and insert 'leave'

Minister of Health, Social Services and Public Safety

Amendment 131 [Made]

Clause 122, Page 68, Line 13

Leave out 'permission' and insert 'leave'

Minister of Health, Social Services and Public Safety

Amendment 132 [Made]

Clause 122, Page 68, Line 20

Leave out 'permission' and insert 'leave'

Minister of Health, Social Services and Public Safety

Amendment 133 [Made]

Clause 125, Page 70, Line 20

After 'trust' insert 'or its employees or agents;'

Minister of Health, Social Services and Public Safety

Amendment 134 [Made]

Clause 127, Page 71, Line 19

Leave out first 'permission' and insert 'leave'

Minister of Health, Social Services and Public Safety

Amendment 135 [Made]

Clause 127, Page 71, Line 19

Leave out second 'permission' and insert 'leave'

Minister of Health, Social Services and Public Safety

Amendment 136 [Made]

Clause 127, Page 71, Line 22

Leave out 'institution' and insert 'bringing'

Minister of Health, Social Services and Public Safety

Amendment 137 [Not moved]

Clause 128, Page 71, Line 33

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 138 [Made]

Clause 131, Page 73, Line 11

Leave out from 'and' to end of line 12 and insert 'that are designated by regulations made for the purposes of this subsection.'

Minister of Health, Social Services and Public Safety

Amendment 139 [Made]

Clause 133, Page 74, Line 38

After second 'attorney' insert ', or an enduring power of attorney,'

Minister of Health, Social Services and Public Safety

Amendment 140 [Not moved]

Clause 134, Page 75, Line 12

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 141 [Made]

Clause 137, Page 76, Line 39

After first 'serious' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 142 [Made]

Clause 137, Page 77, Line 2

Leave out sub-paragraphs (i) and (ii) and insert 'the likelihood and seriousness of the harm concerned;'

Minister of Health, Social Services and Public Safety

Amendment 143 [Made]

Clause 139, Page 77, Line 35

Leave out 'taken' and insert 'removed'

Minister of Health, Social Services and Public Safety

Amendment 144 [Made]

Clause 139, Page 77, Line 37

Leave out 'taken' and insert 'removed'

Minister of Health, Social Services and Public Safety

Amendment 145 [Not moved]

Clause 140, Page 78, Line 7

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 146 [Not moved]

Clause 141, Page 78, Line 24

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 147 [Made]

Clause 141, Page 78, Line 25

After 'preventing' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 148 [Made]

Clause 142, Page 78, Line 38

After first 'serious' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 149 [Made]

Clause 142, Page 79, Line 1

Leave out sub-paragraphs (i) and (ii) and insert 'the likelihood and seriousness of the harm concerned;'

Minister of Health, Social Services and Public Safety

Amendment 150 [Made]

Clause 143, Page 79, Line 27

After 'serious' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 151 [Made]

Clause 143, Page 79, Line 31

Leave out sub-paragraphs (i) and (ii) and insert 'the likelihood and seriousness of the harm concerned;'

Minister of Health, Social Services and Public Safety

Amendment 152 [Made]

Clause 145, Page 80, Line 12

Leave out from 'removes' to end of line 14 and insert 'takes a person ("R") to a place of safety under section 137 or 143.'

Minister of Health, Social Services and Public Safety

Amendment 153 [Made]

Clause 145, Page 80, Line 15

Leave out 'the person ("R")' and insert 'R'

Minister of Health, Social Services and Public Safety

Amendment 154 [Made]

Clause 145, Page 80, Line 18

Leave out '(but this is subject to subsection (4))'

Minister of Health, Social Services and Public Safety

Amendment 155 [Made]

Clause 145, Page 80, Line 20

Leave out 'person within subsection (3)' and insert 'relevant person'

Minister of Health, Social Services and Public Safety

Amendment 156 [Made]

Clause 145, Page 80, Line 22

Leave out subsection (3)

Minister of Health, Social Services and Public Safety

Amendment 157 [Made]

Clause 145, Page 80, Line 26

At beginning insert 'But'

Minister of Health, Social Services and Public Safety

Amendment 158 [Made]

Clause 145, Page 80, Line 28

Leave out 'but' and insert 'and'

Minister of Health, Social Services and Public Safety

Amendment 159 [Made]

Clause 145, Page 80, Line 29

Leave out from 'person' to '(3)' on line 30 and insert 'relevant person'

Minister of Health, Social Services and Public Safety

Amendment 160 [Made]

Clause 145, Page 80

Leave out lines 31 to 33 and insert -

'subsection (2) has effect as if the reference in paragraph (b) to the appropriate person were to a relevant person.'

Minister of Health, Social Services and Public Safety

Amendment 161 [Made]

Clause 145, Page 80, Line 37

At end insert -

'"relevant person" means a person who is 16 or over and is—

(a) named by R as someone to whom the information should be given;

(b) engaged in caring for R; or

(c) interested in R's welfare;'

Minister of Health, Social Services and Public Safety

Amendment 162 [Made]

Clause 145, Page 80, Line 39

Leave out subsections (6) and (7)

Minister of Health, Social Services and Public Safety

Amendment 163 [Made]

Clause 146, Page 81, Line 5

Leave out subsection (1) and insert 'This section supplements section 145.'

Minister of Health, Social Services and Public Safety

Amendment 164 [Made]

Clause 146, Page 81, Line 9

Leave out 'That information is' and insert '"The required information" means'

Minister of Health, Social Services and Public Safety

Amendment 165 [Made]

Clause 146, Page 81, Line 10

Leave out from 'removed' to 'be)' on line 11

Minister of Health, Social Services and Public Safety

Amendment 166 [Made]

Clause 146, Page 81, Line 11

After 'section' insert '137 or'

Minister of Health, Social Services and Public Safety

Amendment 167 [Made]

Clause 146, Page 81, Line 13

Leave out from 'removed' to 'be)' on line 14

Minister of Health, Social Services and Public Safety

Amendment 168 [Made]

Clause 146, Page 81, Line 18

Leave out 'removed' and insert 'taken'

Minister of Health, Social Services and Public Safety

Amendment 169 [Made]

Clause 146, Page 81, Line 22

Leave out 'removed or transferred' and insert 'taken'

Minister of Health, Social Services and Public Safety

Amendment 170 [Made]

Clause 146, Page 81, Line 23

Leave out 'removed or transferred' and insert 'taken'

Minister of Health, Social Services and Public Safety

Amendment 171 [Made]

Clause 146, Page 81, Line 23

At end insert -

'(3) Section 145 applies instead of Article 10 of the Criminal Justice (Children) (Northern Ireland) Order 1998 in any case where (but for this subsection) both that section and that Article would apply.

(4) Article 57 of PACE (right to have someone informed when arrested and detained) does not apply in relation to a person detained in a place of safety under this Part.'

Minister of Health, Social Services and Public Safety

Amendment 172 [Made]

Clause 153, Page 83, Line 39

After '(10A)' insert ', (12)(a)(iii)'

Minister of Health, Social Services and Public Safety

Amendment 173 [Made]

Clause 154, Page 84, Line 5

At end insert -

'(c) the number of children detained under this Part in hospitals;

(d) the number of children detained under this Part in police stations;

(e) final disposals in respect of children detained as mentioned in paragraphs (c) and (d).'

Chair, Ad Hoc Joint Committee on the Mental Capacity Bill

Amendment 174 [Made]

Clause 154, Page 84, Line 8

At end insert -

'(3) In this section "children" means persons under 18.'

Chair, Ad Hoc Joint Committee on the Mental Capacity Bill

Amendment 175 [Made]

Clause 155, Page 85, Line 17

Leave out from ', 2' to 'interests)' on line 18 and insert 'to 3 and 5 to 8 (principles, best interests etc'

Minister of Health, Social Services and Public Safety

Amendment 176 [Not moved]

Clause 156, Page 85, Line 30

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 177 [Made]

Clause 158, Page 86, Line 19

Leave out 'has the meaning given by' and insert ', and references to enabling a person to make a decision, are to be read in accordance with'

Minister of Health, Social Services and Public Safety

Amendment 178 [Not moved]

Clause 162, Page 88, Line 26

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 179 [Not moved]

Clause 162, Page 88, Line 27

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 180 [Not called]

Clause 162, Page 88, Line 31

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 181 [Made]

Clause 163, Page 88, Line 38

Leave out 'substantially likely' and insert 'more likely than not'

Minister of Health, Social Services and Public Safety

Amendment 182 [Made]

Clause 163, Page 88, Line 38

After first 'serious' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 183 [Not called]

Clause 163, Page 89, Line 15

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 184 [Not called]

Clause 163, Page 89, Line 16

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 185 [Not called]

Clause 163, Page 89, Line 21

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 186 [Not moved]

Clause 164, Page 89, Line 37

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 187 [Made]

Clause 166, Page 91, Line 39

After 'physical' insert 'or psychological'

Minister of Health, Social Services and Public Safety

Amendment 188 [Made]

Clause 166, Page 92, Line 6

After 'of' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 189 [Not called]

Clause 166, Page 92, Line 17

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 190 [Made]

Clause 166, Page 92, Line 21

Leave out from 'means' to end of line 22 and insert 'has the same meaning as in Part 8 of the Justice Act (Northern Ireland) 2015 (see section 76(1)).'

Minister of Health, Social Services and Public Safety

Amendment 191 [Made]

Clause 167, Page 92, Line 28

After 'physical' insert 'or psychological'

Minister of Health, Social Services and Public Safety

Amendment 192 [Made]

Clause 167, Page 92, Line 32

After 'of' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 193 [Made]

Clause 170, Page 93, Line 30

After 'physical' insert 'or psychological'

Minister of Health, Social Services and Public Safety

Amendment 194 [Made]

Clause 173, Page 95, Line 24

Leave out 'substantially likely' and insert 'more likely than not'

Minister of Health, Social Services and Public Safety

Amendment 195 [Made]

Clause 173, Page 95, Line 24

After 'serious' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 196 [Not moved]

Clause 173, Page 95, Line 43

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 197 [Not moved]

Clause 175, Page 97, Line 10

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 198 [Not called]

Clause 176, Page 97, Line 28

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 199 [Not called]

Clause 176, Page 97, Line 38

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 200 [Not moved]

Clause 178, Page 98, Line 34

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 201 [Not called]

Clause 178, Page 98, Line 40

After 'practitioner' insert 'or approved responsible clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 202 [Not called]

Clause 178, Page 99, Line 1

After 'practitioner' insert 'or approved responsible clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 203 [Made]

Clause 178, Page 99, Line 5

After 'physical' insert 'or psychological'

Minister of Health, Social Services and Public Safety

Amendment 204 [Not moved]

Clause 181, Page 100, Line 5

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 205 [Not called]

Clause 181, Page 100, Line 8

After 'practitioner's' insert 'or approved clinician's'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 206 [Not called]

Clause 181, Page 100, Line 15

After first 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 207 [Not called]

Clause 181, Page 100, Line 15

After second 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 208 [Made]

Clause 183, Page 100, Line 41

After 'physical' insert 'or psychological'

Minister of Health, Social Services and Public Safety

Amendment 209 [Not called]

Clause 184, Page 101, Line 13

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 210 [Not called]

Clause 184, Page 101, Line 14

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 211 [Not called]

Clause 185, Page 101, Line 27

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 212 [Not called]

Clause 185, Page 101, Line 31

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 213 [Not called]

Clause 185, Page 101, Line 36

After 'practitioner' insert 'or approved responsible clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 214 [Not called]

Clause 185, Page 102, Line 13

After 'practitioner' insert 'or approved responsible clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 215 [Made]

Clause 190, Page 104, Line 23

After 'physical' insert 'or psychological'

Minister of Health, Social Services and Public Safety

Amendment 216 [Not moved]

Clause 191, Page 104, Line 40

After 'practitioner' insert 'or approved responsible clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 217 [Not called]

Clause 193, Page 105, Line 18

After 'practitioner' insert 'or approved responsible clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 218 [Not called]

Clause 193, Page 105, Line 23

After 'practitioner' insert 'or approved responsible clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 219 [Not called]

Clause 193, Page 105, Line 28

After 'practitioner' insert 'or approved responsible clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 220 [Not called]

Clause 193, Page 106, Line 5

After 'practitioner' insert 'or approved responsible clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 221 [Not called]

Clause 193, Page 106, Line 9

After 'practitioner' insert 'or approved responsible clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 222 [Made]

Clause 195, Page 106, Line 41

Leave out '234' and insert '235'

Minister of Health, Social Services and Public Safety

Amendment 223 [Made]

Clause 196, Page 107, Line 7

Leave out 'may' and insert 'must'

Minister of Health, Social Services and Public Safety

Amendment 224 [Made]

Clause 196, Page 107, Line 10

At end insert -

'(2A) But subsection (2) does not apply if (having received a relevant notification) the Department of Justice directs that with effect from a specified date—

(a) A is to be treated as if he or she had been removed to the hospital under the relevant provision from a prison specified in the direction under this subsection; and

(b) the hospital direction is to cease to have effect.'

Minister of Health, Social Services and Public Safety

Amendment 225 [Made]

Clause 196, Page 107, Line 15

Leave out 'not substantially likely' and insert 'more likely than not'

Minister of Health, Social Services and Public Safety

Amendment 226 [Made]

Clause 196, Page 107, Line 16

After '(2),' insert 'no'

Minister of Health, Social Services and Public Safety

Amendment 227 [Made]

Clause 196, Page 107, Line 16

After first 'serious' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 228 [Made]

Clause 196, Page 107, Line 20

Leave out 'where A is detained'

Minister of Health, Social Services and Public Safety

Amendment 229 [Made]

Clause 196, Page 107, Line 21

Leave out subsections (4) to (6) and insert -

'(4) In this section—

(a) "the disorder" means the disorder in respect of which the hospital direction was given;

(b) "the hospital" means the hospital where A is detained;

(c) any reference to "prison" is to be read, where A would (but for the hospital direction) be detained in a place of any other description, as a reference to a place of that other description;

(d) "the relevant provision" means—

(i) section 16(2) of the Prison Act (Northern Ireland) 1953; or

(ii) if A would (but for the hospital direction) be detained in a juvenile justice centre, paragraph 3 of Schedule 2 to the Criminal Justice (Children) (Northern Ireland) Order 1998;

(e) "a suitable medical practitioner" means the responsible medical practitioner or—

(i) if the disorder was mental disorder, any approved medical practitioner;

(ii) otherwise, any medical practitioner who appears to the Department of Justice to have special experience in the diagnosis or treatment of the disorder.'

Minister of Health, Social Services and Public Safety

Amendment 230 [Not called]

Clause 196, Page 107, Line 21

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 231 [Not called]

Clause 196, Page 107, Line 22

After 'practitioner' insert 'or approved responsible clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 232 [Not called]

Clause 196, Page 107, Line 23

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 233 [Made]

Clause 198, Page 108, Line 10

At end insert -

'(e) any power to apply to the Sentence Review Commissioners;

(f) any power or duty of the Sentence Review Commissioners or the Secretary of State under the Northern Ireland (Sentences) Act 1998.'

Minister of Health, Social Services and Public Safety

Amendment 234 [Not called]

Clause 199, Page 108, Line 34

After 'practitioner' insert 'or approved responsible clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 235 [Not called]

Clause 202, Page 110, Line 9

After 'practitioners' insert 'or approved clinicians'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 236 [Not called]

Clause 202, Page 110, Line 10

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 237 [Not called]

Clause 204, Page 111, Line 2

After 'practitioners' insert 'or approved clinicians'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 238 [Not called]

Clause 204, Page 111, Line 3

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 239 [Made]

Clause 205, Page 111, Line 12

Leave out 'treatment' and insert 'assessment'

Minister of Health, Social Services and Public Safety

Amendment 240 [Made]

Clause 205, Page 111, Line 21

At end insert -

'(5A) The power to make an order under subsection (2)(c) is subject to Schedule 7A, which makes provision about such orders.'

Minister of Health, Social Services and Public Safety

Amendment 241 [Made]

Clause 205, Page 111, Line 24

Leave out '(5)' and insert '(5A)'

Minister of Health, Social Services and Public Safety

Amendment 242 [Made]

Clause 205, Page 111, Line 31

Leave out subsection (8)

Minister of Health, Social Services and Public Safety

Amendment 243 [Made]

Clause 206, Page 111, Line 38

Leave out 'treatment' and insert 'assessment'

Minister of Health, Social Services and Public Safety

Amendment 244 [Not called]

Clause 206, Page 111, Line 40

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 245 [Made]

Clause 206, Page 112, Line 7

Leave out 'treatment' and insert 'assessment'

Minister of Health, Social Services and Public Safety

Amendment 246 [Not called]

Clause 206, Page 112, Line 16

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 247 [Not called]

Clause 206, Page 112, Line 17

After 'practitioner' insert 'or approved responsible clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 248 [Not called]

Clause 206, Page 112, Line 18

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 249 [Made]

New Clause

After Clause 207 insert -

'Restraining orders

Power to make restraining order following finding of unfitness to plead etc

207A.—(1) In Article 7 of the Protection from Harassment (Northern Ireland) Order 1997 (restraining orders on conviction) ("the 1997 Order")—

(a) in the heading at the end insert "etc";

(b) for paragraph (7) substitute—

"(7) A court—

(a) which deals with a person convicted of an offence under this Article, or

(b) before which a person is acquitted of an offence under this Article,

may vary or discharge the order in question by a further order.

(8) In paragraphs (1) and (7) references to a person convicted of an offence include—

(a) a person in respect of whom findings that the person is unfit to be tried, and that the person did the act or made the omission charged against him or her in respect of the offence, have been made; and

(b) a person in respect of whom a public protection order (as defined by section 165 of the Mental Capacity Act (Northern Ireland) 2016) has been made in respect of the offence by virtue of section 207 of that Act.

(9) Where an order under this Article is made in respect of a person by virtue of paragraph (7)(b) or (8), the person has the same right of appeal against the order as if—

(a) the person had been convicted of the offence in question before the court that made the order; and

(b) that court had made the order when dealing with the person in respect of that offence.".

(2) In Article 7A(2) of the 1997 Order (restraining orders on acquittal) after "7" insert "(and paragraph (8) so far as applying for the purposes of paragraph (7))".

(3) The amendments made by subsections (1) and (2) apply in relation to offences committed (or alleged to have been committed) before (as well as after) the coming into operation of this section.

(4) In Article 7(8)(b) of the 1997 Order (inserted by subsection (1))—

(a) the reference to a public protection order is to be read, until the coming into operation of section 165, as a reference to a hospital order within the meaning of the Mental Health Order; and

(b) the reference to section 207 is to be read, until the coming into operation of that section, as a reference to Article 44(4) of the Mental Health Order.'

Minister of Health, Social Services and Public Safety

Amendment 250 [Made]

Clause 209, Page 113, Line 26

Leave out 'substantially likely' and insert 'more likely than not'

Minister of Health, Social Services and Public Safety

Amendment 251 [Made]

Clause 209, Page 113, Line 26

After first 'serious' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 252 [Made]

Clause 212, Page 114, Line 31

Leave out '234' and insert '235'

Minister of Health, Social Services and Public Safety

Amendment 253 [Made]

Clause 213, Page 115, Line 3

Leave out 'may' and insert 'must'

Minister of Health, Social Services and Public Safety

Amendment 254 [Made]

Clause 213, Page 115, Line 8

At end insert -

'(3A) But subsection (3) does not apply if (having received a relevant notification) the Department of Justice directs that with effect from a specified date—

(a) A is to be treated as if he or she had been removed to the hospital under the relevant provision from a place, specified in the direction under this subsection, in which A might (but for the hospital transfer direction) be detained; and

(b) the hospital transfer direction is to cease to have effect.'

Minister of Health, Social Services and Public Safety

Amendment 255 [Made]

Clause 213, Page 115, Line 13

Leave out 'not substantially likely' and insert 'more likely than not'

Minister of Health, Social Services and Public Safety

Amendment 256 [Made]

Clause 213, Page 115, Line 14

After '(3),' insert 'no'

Minister of Health, Social Services and Public Safety

Amendment 257 [Made]

Clause 213, Page 115, Line 14

After first 'serious' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 258 [Made]

Clause 213, Page 115, Line 18

Leave out 'where A is detained'

Minister of Health, Social Services and Public Safety

Amendment 259 [Made]

Clause 213, Page 115, Line 21

At end insert -

'"the hospital" means the hospital where A is detained;'

Minister of Health, Social Services and Public Safety

Amendment 260 [Made]

Clause 213, Page 115, Line 24

At end insert -

''"the relevant provision"—

(a) in the case of a civil prisoner (as defined by section 211), means section 16(2) of the Prison Act (Northern Ireland) 1953;

(b) in the case of an immigration detainee (as defined by section 211) means—

(i) if the place specified in the direction under subsection (3A) is a prison, section 16(2) of the Prison Act (Northern Ireland) 1953;

(ii) otherwise, removal centre rules (within the meaning of Part 8 of the Immigration and Asylum Act 1999);'

Minister of Health, Social Services and Public Safety

Amendment 261 [Made]

Clause 215, Page 116, Line 8

Leave out '234' and insert '235'

Minister of Health, Social Services and Public Safety

Amendment 262 [Made]

Clause 216, Page 116, Line 29

Leave out 'not substantially likely that' and insert 'more likely than not that no'

Minister of Health, Social Services and Public Safety

Amendment 263 [Made]

Clause 216, Page 116, Line 29

After first 'serious' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 264 [Made]

Clause 218, Page 117, Line 36

Leave out '234' and insert '235'

Minister of Health, Social Services and Public Safety

Amendment 265 [Made]

Clause 219, Page 118, Line 9

Leave out 'may' and insert 'must'

Minister of Health, Social Services and Public Safety

Amendment 266 [Made]

Clause 219, Page 118, Line 14

At end insert -

'(3A) But subsection (3) does not apply if (having received a relevant notification) the Department of Justice directs that with effect from a specified date—

(a) A is to be treated as if he or she had been removed to the hospital under the relevant provision from a place, specified in the direction under this subsection, in which A might (but for the hospital transfer direction) be detained; and

(b) the hospital transfer direction is to cease to have effect.'

Minister of Health, Social Services and Public Safety

Amendment 267 [Made]

Clause 219, Page 118, Line 15

Leave out 'subsection (3)' and insert 'this section'

Minister of Health, Social Services and Public Safety

Amendment 268 [Made]

Clause 219, Page 118, Line 19

Leave out 'not substantially likely' and insert 'more likely than not'

Minister of Health, Social Services and Public Safety

Amendment 269 [Made]

Clause 219, Page 118, Line 20

After '(3),' insert 'no'

Minister of Health, Social Services and Public Safety

Amendment 270 [Made]

Clause 219, Page 118, Line 20

After first 'serious' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 271 [Made]

Clause 219, Page 118, Line 24

Leave out 'where A is detained'

Minister of Health, Social Services and Public Safety

Amendment 272 [Made]

Clause 219, Page 118, Line 25

After '(3)' insert 'or (3A)'

Minister of Health, Social Services and Public Safety

Amendment 273 [Made]

Clause 219, Page 118, Line 35

Leave out 'not substantially likely' and insert 'more likely than not'

Minister of Health, Social Services and Public Safety

Amendment 274 [Made]

Clause 219, Page 118, Line 36

After '(5),' insert 'no'

Minister of Health, Social Services and Public Safety

Amendment 275 [Made]

Clause 219, Page 118, Line 36

After first 'serious' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 276 [Made]

Clause 219, Page 118, Line 40

Leave out 'where A is detained'

Minister of Health, Social Services and Public Safety

Amendment 277 [Made]

Clause 219, Page 119, Line 3

At end insert -

'"the hospital" means the hospital where A is detained;

"the relevant provision" means—

(a) section 16(2) of the Prison Act (Northern Ireland) 1953; or

(b) if A would (but for the hospital transfer direction) be detained in a juvenile justice centre, paragraph 3 of Schedule 2 to the Criminal Justice (Children) (Northern Ireland) Order 1998;'

Minister of Health, Social Services and Public Safety

Amendment 278 [Made]

Clause 220, Page 119, Line 32

Leave out 'substantially likely' and insert 'more likely than not'

Minister of Health, Social Services and Public Safety

Amendment 279 [Made]

Clause 220, Page 119, Line 32

After first 'serious' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 280 [Made]

Clause 221, Page 120, Line 27

Leave out from second 'is' to 'lack' on line 28 and insert 'lacks (or probably lacks)'

Minister of Health, Social Services and Public Safety

Amendment 281 [Made]

Clause 222, Page 121, Line 33

At end insert -

'(3) This section is subject to sections 232 and 233 (applications to Tribunal following conditional discharge of person subject to public protection order with restrictions).'

Minister of Health, Social Services and Public Safety

Amendment 282 [Made]

Clause 226, Page 122, Line 38

Leave out subsections (1) and (2) and insert -

'(1) Where—

(a) on a relevant date, a person is liable to be detained under a public protection order or is liable to be detained in a hospital under a hospital direction or hospital transfer direction,

(b) the order or direction has been in force throughout the relevant period, and

(c) the Tribunal has not considered the person's case at any time in that period,

the relevant trust must as soon as practicable refer the person's case to the Tribunal.

(2) The "relevant period" is—

(a) if the person is under 18, the period of one year ending with the relevant date;

(b) otherwise, the period of two years ending with the relevant date.'

Minister of Health, Social Services and Public Safety

Amendment 283 [Made]

Clause 226, Page 123, Line 9

Leave out '179 or'

Minister of Health, Social Services and Public Safety

Amendment 284 [Made]

Clause 226, Page 123, Line 12

Leave out sub-paragraph (i)

Minister of Health, Social Services and Public Safety

Amendment 285 [Made]

Clause 226, Page 123, Line 28

Leave out '(1)(b)' and insert '(2)'

Minister of Health, Social Services and Public Safety

Amendment 286 [Made]

Clause 227, Page 123, Line 38

Leave out from second 'is' to 'lack' on line 39 and insert 'lacks (or probably lacks)'

Minister of Health, Social Services and Public Safety

Amendment 287 [Made]

Clause 228, Page 124, Line 16

Leave out subsection (4)

Minister of Health, Social Services and Public Safety

Amendment 288 [Made]

Clause 230, Page 125, Line 12

After 'physical' insert 'or psychological'

Minister of Health, Social Services and Public Safety

Amendment 289 [Made]

New Clause

After Clause 230 insert -

'Sections 228 and 229: additional powers of Tribunal etc

230A.—(1) Where under section 228 or 229 the Tribunal decides not to discharge a person, the Tribunal may, with a view to facilitating the discharge of the person at a future date—

(a) recommend the taking of specified actions in relation to the person; and

(b) further consider the person's case in the event of any recommendation not being complied with.

(2) Where the Tribunal further considers a person's case under subsection (1)(b), section 228 or (as the case may be) section 229 applies.

(3) A discharge of a person under this Chapter does not prevent the person from being detained in circumstances amounting to a deprivation of liberty by virtue of Part 2 of this Act (or, where the person is under 16, under Part 2 of the Mental Health Order), if the criteria that apply to such detention are met.'

Minister of Health, Social Services and Public Safety

Amendment 290 [Made]

Clause 232, Page 126, Line 9

At end insert -

'(5A) No application under section 222 may be made in respect of the order.'

Minister of Health, Social Services and Public Safety

Amendment 291 [Made]

Clause 234, Page 127, Line 16

Leave out 'substantially likely' and insert 'more likely than not'

Minister of Health, Social Services and Public Safety

Amendment 292 [Made]

Clause 234, Page 127, Line 17

After first 'serious' insert 'physical or psychological'

Minister of Health, Social Services and Public Safety

Amendment 293 [Made]

New Clause

After Clause 234 insert -

'Section 234: additional powers of Tribunal

234A.—(1) This section applies where under section 234 the Tribunal notifies the Department of Justice that it is satisfied that the prevention of serious harm condition is met in respect of a person.

(2) The Tribunal may, with a view to facilitating a transfer of the person at a future date—

(a) recommend the taking of specified actions in relation to the person; and

(b) further consider the person's case in the event of any recommendation not being complied with.

(3) Where the Tribunal further considers the person's case under subsection (2)(b), section 234 applies.

(4) In subsection (2) the reference to a "transfer" of the person is to a transfer to any place in which the person might (but for the relevant direction) be detained.'

Minister of Health, Social Services and Public Safety

Amendment 294 [Made]

Clause 241, Page 130, Line 31

Leave out 'treatment' and insert 'assessment'

Minister of Health, Social Services and Public Safety

Amendment 295 [Made]

Clause 242, Page 131, Line 3

Leave out 'treatment' and insert 'assessment'

Minister of Health, Social Services and Public Safety

Amendment 296 [Made]

New Clause

After Clause 242 insert -

'Hospital directions: cases stated by magistrates' courts

242A.—(1) This section applies where a magistrates' court makes a hospital direction.

(2) For the purposes of Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (cases stated by magistrates' courts), the hospital direction is a determination of the proceedings in which the direction was made.'

Minister of Health, Social Services and Public Safety

Amendment 297 [Made]

Clause 247, Page 133

Leave out line 24

Minister of Health, Social Services and Public Safety

Amendment 298 [Made]

Clause 247, Page 133, Line 25

Leave out line 25 and insert -

'"supervision and assessment order" has the meaning given by paragraph 1(1) of Schedule 7A;'

Minister of Health, Social Services and Public Safety

Amendment 299 [Made]

Clause 248, Page 134, Line 6

Leave out from 'by' to 'be' on line 7 and insert 'is'

Minister of Health, Social Services and Public Safety

Amendment 300 [Made]

Clause 248, Page 134, Line 22

Leave out subsection (5)

Minister of Health, Social Services and Public Safety

Amendment 301 [Made]

Clause 249, Page 134, Line 28

Leave out from 'by' to 'be' on line 29 and insert 'is'

Minister of Health, Social Services and Public Safety

Amendment 302 [Made]

Clause 249, Page 135, Line 8

Leave out subsection (5)

Minister of Health, Social Services and Public Safety

Amendment 303 [Made]

New Clause

After Clause 249 insert -

'Removal to other parts of UK of persons detained under Part 10

Removal of certain persons detained under Part 10 to England or Wales

249A.—(1) This section applies in relation to a person ("P") who is—

(a) detained under a public protection order; or

(b) detained in a hospital under a hospital direction or a hospital transfer direction made under section 208, 211 or 217.

(2) If it appears to the Department of Justice that the conditions for removal to England or Wales are met in P's case, that Department may authorise P's removal to England or Wales and may give any necessary directions for P's conveyance there.

(3) The conditions for removal to England or Wales are that—

(a) failure to remove P to England or (as the case may be) Wales would be more likely than not to result in serious physical or psychological harm to P or serious physical harm to other persons; and

(b) arrangements have been made for admitting P to a hospital in England or Wales in which care or treatment which is appropriate in P's case is available for him or her.

(4) Where P is removed from Northern Ireland under this section, the order or direction mentioned in subsection (1) ceases to have effect when P leaves Northern Ireland (within the meaning given by section 98 of the Northern Ireland Act 1998); but this is subject to subsection (6).

(5) Subsection (6) applies where—

(a) P is not admitted to a hospital in England or Wales, and

(b) P returns to Northern Ireland at any time before the end of period for which the order or direction mentioned in subsection (1) would have continued in force (but for P's removal).

(6) Subsection (4) ceases to apply to the order or direction, so that (accordingly) the order or direction applies to P on P's return to Northern Ireland.

(7) In subsections (3)(b) and (5)(a) "hospital" has the same meaning as in the 1983 Act.'

Minister of Health, Social Services and Public Safety

Amendment 304 [Made]

New Clause

After Clause 249 insert -

'Removal of certain persons detained under Part 10 to Scotland

249B.—(1) This section applies in relation to a person ("P") who is—

(a) detained under a public protection order; or

(b) detained in a hospital under a hospital direction or a hospital transfer direction made under section 208, 211 or 217.

(2) If it appears to the Department of Justice that the conditions for removal to Scotland are met in P's case, that Department may authorise P's removal to Scotland and may give any necessary directions for P's conveyance there.

(3) The conditions for removal to Scotland are that—

(a) failure to remove P to Scotland would be more likely than not to result in serious physical or psychological harm to P or serious physical harm to other persons; and

(b) arrangements have been made for admitting P to a hospital in Scotland in which care or treatment which is appropriate in P's case is available for him or her.

(4) Where P is removed from Northern Ireland under this section, the order or direction mentioned in subsection (1) ceases to have effect when P leaves Northern Ireland (within the meaning given by section 98 of the Northern Ireland Act 1998); but this is subject to subsection (6).

(5) Subsection (6) applies where—

(a) P is not admitted to a hospital in Scotland, and

(b) P returns to Northern Ireland at any time before the end of period for which the order or direction mentioned in subsection (1) would have continued in force (but for P's removal).

(6) Subsection (4) ceases to apply to the order or direction, so that (accordingly) the order or direction applies to P on P's return to Northern Ireland.

(7) In subsections (3)(b) and (5)(a) "hospital" has the same meaning as in the 2003 Act.'

Minister of Health, Social Services and Public Safety

Amendment 305 [Made]

Clause 250, Page 135, Line 27

After 'If (' insert 'immediately'

Minister of Health, Social Services and Public Safety

Amendment 306 [Made]

Clause 251, Page 136, Line 6

Before 'before' insert 'immediately'

Minister of Health, Social Services and Public Safety

Amendment 307 [Made]

New Clause

After Clause 251 insert -

'Persons to be detained under Part 10

Persons to be detained under Part 10 after removal from England or Wales

251A.—(1) This section applies where—

(a) a person ("P") is removed from England and Wales to Northern Ireland by virtue of Part 6 of the 1983 Act; and

(b) immediately before being removed, P is subject to—

(i) a hospital order;

(ii) a hospital direction (within the meaning of the 1983 Act); or

(iii) a transfer direction.

(2) Immediately after P's admission to an appropriate establishment in Northern Ireland in pursuance of arrangements made for the purposes of his or her removal from England or Wales, the relevant trust must notify RQIA of P's admission.

(3) The relevant trust must also arrange for a report in the prescribed form, containing prescribed information, to be made by the responsible medical practitioner and given to the relevant trust within the period of 28 days beginning with the day P is admitted to the appropriate establishment.

(4) Where a report under subsection (3) is given to the relevant trust, that trust must as soon as practicable give RQIA a copy of the report.

(5) Where (immediately before being removed from England or Wales) P is of a description mentioned in the first column of the following table, an order or direction of a kind mentioned in the corresponding entry of the second column of the table, specifying the appropriate establishment, is treated as having been made or given in respect of P.

Description of person

Order or direction treated as made

Person subject to a hospital order and a restriction order

Public protection order with restrictions that provides as mentioned in section 165(4)(b)(i) (no time limit for treating the order as a PPO with restrictions)

Person subject to a hospital order but not a restriction order

Public protection order without restrictions

Person subject to a hospital direction (within the meaning of the 1983 Act)

Hospital direction under section 172

Person subject to a transfer direction given by virtue of section 47(1) of the 1983 Act

Hospital transfer direction under section 208

Person subject to a transfer direction given by virtue of section 48(2)(a) of the 1983 Act

Hospital transfer direction under section 217

Person subject to a transfer direction given by virtue of section 48(2)(c) or (d) of the 1983 Act

Hospital transfer direction under section 211

(6) An order or direction is to be treated as having been made or given under subsection (5), for the purposes mentioned in the first column of the following table, on the date mentioned in the corresponding entry in the second column of the table.

Purpose

Date on which order or direction treated as made

Duration for which P may be detained under section 177 and calculation of the "initial period" for the purposes of section 179 (where P is treated as being subject to a public protection order without restrictions)

Date of P's arrival in Northern Ireland

Calculation of the "release date" within the meaning given by section 197 (where P is treated as being subject to a hospital direction made under section 172)

Date on which the hospital direction (within the meaning of the 1983 Act) was made

Right to apply to the Tribunal under the first entry in the table in section 222(1)

Date on which the hospital order, hospital direction (within the meaning of the 1983 Act) or transfer direction was made

Calculation of the "relevant date" for the purposes of section 226(3) (referral of case to the Tribunal)

Date on which the hospital order, hospital direction (within the meaning of the 1983 Act) or transfer direction was made

(7) The first report under section 191 (where P is treated as being subject to a public protection order with restrictions) must be made—

(a) if the most recent report on P under section 41(6) of the 1983 Act was made more than 6 months before P's arrival in Northern Ireland, not later than 6 months after P's arrival there, or

(b) otherwise, not later than 12 months after the most recent report under that section.

(8) Section 221(2) (direction ceasing to have effect if person not admitted within 14 days) does not apply to a hospital transfer direction which is treated as having been given under subsection (5).

(9) The date of P's arrival in Northern Ireland is to be treated as being the end of a relevant period for the purposes of section 227 (duty to notify Attorney General).

(10) Where (immediately before being removed) P is subject to—

(a) a hospital direction (within the meaning of the 1983 Act), or

(b) a transfer direction made because P was serving a sentence of imprisonment (within the meaning of section 47 of that Act),

P is to be treated as if the sentence, order or committal in relation to which the direction has effect were a similar or corresponding sentence, order or committal imposed or made by a court in Northern Ireland.

(11) In this section—

"hospital order" has the same meaning as in the 1983 Act;

"relevant trust" means the HSC trust in whose area the appropriate establishment is situated;

"restriction order" has the same meaning as in the 1983 Act;

"transfer direction" has the same meaning as in the 1983 Act.'

Minister of Health, Social Services and Public Safety

Amendment 308 [Made]

New Clause

After Clause 251 insert -

'Persons to be detained under Part 10 after removal from Scotland

251B.—(1) This section applies where—

(a) a person ("P") is removed from Scotland to Northern Ireland under regulations made under section 290 of the 2003 Act; and

(b) immediately before being removed, P is subject to—

(i) a relevant compulsion order;

(ii) a hospital direction (within the meaning of the 1995 Act); or

(iii) a transfer for treatment direction.

(2) Immediately after P's admission to an appropriate establishment in Northern Ireland in pursuance of arrangements made for the purposes of his or her removal from Scotland, the relevant trust must notify RQIA of P's admission.

(3) The relevant trust must also arrange for a report in the prescribed form, containing prescribed information, to be made by the responsible medical practitioner and given to the relevant trust within the period of 28 days beginning with the day P is admitted to the appropriate establishment.

(4) Where a report under subsection (3) is given to the relevant trust, that trust must as soon as practicable give RQIA a copy of the report.

(5) Where (immediately before being removed from Scotland) P is of a description mentioned in the first column of the following table, an order or direction of a kind mentioned in the corresponding entry of the second column of the table, specifying the appropriate establishment, is treated as having been made or given in respect of P on his or her arrival in Northern Ireland.

Description of person

Order or direction treated as made

Person subject to a relevant compulsion order and a restriction order

Public protection order with restrictions that provides as mentioned in section 165(4)(b)(i) (no time limit for treating the order as a PPO with restrictions)

Person subject to a relevant compulsion order but not a restriction order

Public protection order without restrictions

Person subject to a hospital direction (within the meaning of the 1995 Act)

Hospital direction under section 172

Person subject to a transfer for treatment direction

Hospital transfer direction of a description specified in P's case in a direction given by the Department of Justice under this subsection

(6) An order or direction is to be treated as having been made or given under subsection (5), for the purposes mentioned in the first column of the following table, on the date mentioned in the corresponding entry in the second column of the table.

Purpose

Date on which order or direction treated as made

Duration for which P may be detained under section 177 and calculation of the "initial period" for the purposes of section 179 (where P is treated as being subject to a public protection order without restrictions)

Date of P's arrival in Northern Ireland

Calculation of the "release date" within the meaning given by section 197 (where P is treated as being subject to a hospital direction made under section 172)

Date on which the hospital direction (within the meaning of the 1995 Act) was made

Right to apply to the Tribunal under the first entry in the table in section 222(1)

Date on which the relevant compulsion order, hospital direction (within the meaning of the 1995 Act) or transfer for treatment direction was made

Calculation of the "relevant date" for the purposes of section 226(3) (referral of case to the Tribunal)

Date on which the relevant compulsion order, hospital direction (within the meaning of the 1995 Act) or transfer for treatment direction was made

(7) The first report under section 191 (where P is treated as being subject to a public protection order with restrictions) must be made—

(a) if the most recent report on P under section 183 of the 2003 Act was made more than 6 months before P's arrival in Northern Ireland, not later than 6 months after P's arrival there, or

(b) otherwise, not later than 12 months after the most recent report under that section.

(8) Section 221(2) (direction ceasing to have effect if person not admitted within 14 days) does not apply to a hospital transfer direction which is treated as having been given under subsection (5).

(9) The date of P's arrival in Northern Ireland is to be treated as being the end of a relevant period for the purposes of section 227 (duty to notify Attorney General).

(10) Where (immediately before being removed) P is subject to—

(a) a hospital direction (within the meaning of the 1995 Act), or

(b) a transfer for treatment direction made because P was serving a sentence of imprisonment (within the meaning of section 136(1) of the 2003 Act),

P is to be treated as if the sentence, order or committal in relation to which the direction has effect were a similar or corresponding sentence, order or committal imposed or made by a court in Northern Ireland.

(11) In this section—

"relevant compulsion order" means a compulsion order (within the meaning of the 1995 Act) that authorises the detention of the person in a hospital (within the meaning of that Act);

"relevant trust" means the HSC trust in whose area the appropriate establishment is situated;

"restriction order" has the same meaning as in the 1995 Act;

"transfer for treatment direction" has the same meaning as in the 2003 Act.'

Minister of Health, Social Services and Public Safety

Clause 252 [Question that Clause 252 stand part negatived]

The Minister of Health, Social Services and Public Safety gives notice of his intention to oppose the question that Clause 252 stand part of the Bill.

Minister of Health, Social Services and Public Safety

Amendment 309 [Made]

New Clause

After Clause 252 insert -

'Removal or transfer from Northern Ireland: power to make further provision

252A.—(1) Regulations may make provision in connection with the removal of a person by virtue of this Part or Part 2 to a place outside Northern Ireland (whether or not a place in the United Kingdom).

(2) Regulations may make provision for and in connection with enabling the Department to authorise, and to give directions in connection with, the removal or transfer to a place outside Northern Ireland (whether or not a place in the United Kingdom) of prescribed descriptions of persons where—

(a) the person is subject in Northern Ireland to measures under this Act, and

(b) the person lacks capacity in relation to the removal or transfer and the removal or transfer would be in that person's best interests.

(3) Regulations may make provision for and in connection with enabling the Department of Justice to authorise, and to give directions in connection with, the removal or transfer to a place outside Northern Ireland (whether or not a place in the United Kingdom) of prescribed descriptions of persons where—

(a) the person is subject in Northern Ireland to measures under this Act, and

(b) either—

(i) the person consents to the removal or transfer, or

(ii) failure to remove or transfer the person there would be more likely than not to result in serious physical or psychological harm to the person or serious physical harm to other persons.

(4) In this section, references to the "transfer" of a person are to the transfer of responsibility for a person who is not detained by virtue of Part 2 or Part 10; and regulations may prescribe the powers and duties that constitute responsibility for a person for this purpose.

(5) References to persons subject to measures under this Act include, in particular,—

(a) in subsection (2)(a), persons in respect of whom an authorisation under Part 2 has been granted authorising a particular measure (within the meaning given by section 41);

(b) in subsection (3)(a), persons in respect of whom an order or direction has been made or given under Part 10 (including persons in respect of whom a warrant under section 189(1)(b) or an order under section 229(2)(b) is in effect).

(6) Regulations under this section—

(a) may prescribe steps to be taken before a person may be removed or transferred, or prescribe other conditions which must be met before a person may be removed or transferred,

(b) may provide that, where a person is removed or transferred, any prescribed measure to which the person is subject ceases to have effect, and

(c) may apply, or make provision similar to, any provision of Part 2 or Part 10 (with or without modifications).

(7) The powers to make regulations under this section must be exercised so as to ensure that, where under this Part the removal or transfer of a person from Northern Ireland is authorised—

(a) notice of the authorisation and proposed removal or transfer must be given to—

(i) the person to be removed or transferred, and

(ii) any prescribed person,

at least a prescribed period before the date of the proposed removal or transfer; and

(b) there is a right to apply to the Tribunal in respect of the authorisation (except where the Tribunal approved the removal or transfer before the authorisation was given).

(8) Regulations under this section may amend this Part, and may make supplementary or consequential amendments to other provisions of this Act.

(9) In this section "regulations" means—

(a) in relation to provision concerning the removal or transfer of a Part 10 transferee, regulations made by the Department of Justice;

(b) in any other case, regulations made by the Department.

(10) In subsection (9) a "Part 10 transferee" is a person—

(a) who is detained by virtue of Part 10 or (if not detained under this Act) in respect of whom an order or direction has been made or given under Part 10, or

(b) (in the case of a person who does not fall within paragraph (a)) whose removal is authorised on the ground that either of the conditions set out in subsection (3)(b) is met.'

Minister of Health, Social Services and Public Safety

Clause 253 [Question that Clause 253 stand part negatived]

The Minister of Health, Social Services and Public Safety gives notice of his intention to oppose the question that Clause 253 stand part of the Bill.

Minister of Health, Social Services and Public Safety

Amendment 310 [Made]

New Clause

After Clause 253 insert -

'Persons removed or transferred to Northern Ireland: power to make further provision

253A.—(1) Regulations may make provision, in respect of persons of a prescribed description removed to Northern Ireland under a relevant provision—

(a) requiring prescribed steps to be taken when the person arrives in Northern Ireland;

(b) providing for the person to be treated as if he or she were a person of a prescribed description subject to measures under this Act.

(2) The reference in subsection (1)(b) to persons subject to measures under this Act includes, in particular—

(a) persons in respect of whom an authorisation under Part 2 has been granted authorising a particular measure (within the meaning given by section 41), and

(b) persons in respect of whom an order or direction has been made or given under Part 10 (including persons in respect of whom a warrant under section 189(1)(b) or an order under section 229(2)(b) is in effect).

(3) Subsection (1)(b) permits the regulations to provide for a person to be treated as if an authorisation under Part 2 authorising a particular measure had been granted only where the person (before being removed to Northern Ireland) was subject under the law of England, Wales or Scotland to a corresponding or similar measure.

(4) Subsection (1)(b) permits the regulations to provide for a person to be treated as if an order or direction had been made or given under Part 10 only where the person (before being removed to Northern Ireland) was subject under the law of England, Wales or Scotland to an order, direction or other measure have corresponding or similar effect.

(5) Regulations may make provision about the application of this Act to persons who are removed to Northern Ireland under a relevant provision and who are treated, by virtue of this Part, as if they were subject to particular measures under this Act.

(6) In this section "a relevant provision" means—

(a) Part 6 of the 1983 Act;

(b) regulations made under section 289 or 290 of the 2003 Act; or

(c) any provision of the law of a country or territory other than the United Kingdom which is similar or corresponds to this Part or Part 2 or 10 of this Act.

(7) Regulations under this section may amend this Part, and may make supplementary or consequential amendments to other provisions of this Act.

(8) In this section "regulations" means—

(a) in relation to provision concerning a Part 10 arrival, regulations made by the Department of Justice;

(b) in any other case, regulations made by the Department.

(9) In subsection (8) a "Part 10 arrival" is a person who (by virtue of the regulations) is to be treated as if an order or direction under Part 10 had been made or given in respect of him or her.'

Minister of Health, Social Services and Public Safety

Amendment 311 [Made]

New Clause

After Clause 253 insert -

'Interpretation of Part 11

253B.—(1) In this Part—

"the 1983 Act" means the Mental Health Act 1983;

"the 1995 Act" means the Criminal Procedure (Scotland) Act 1995;

"the 2003 Act" means the Mental Health (Care and Treatment) (Scotland) Act 2003;

"appropriate establishment" has the same meaning as in Part 10 (see section 165);

"hospital direction", except where otherwise provided, has the same meaning as in Part 10 (see section 247(1));

"hospital transfer direction" has the same meaning as in Part 10 (see section 247(1));

"public protection order", "public protection order with restrictions" and "public protection order without restrictions" have the same meaning as in Part 10 (see section 165);

"the responsible medical practitioner" has the same meaning as in Part 10 (see section 247(1)).'

Minister of Health, Social Services and Public Safety

Amendment 312 [Made]

Clause 256, Page 138, Line 23

At end insert -

'(aa) P is detained under Part 9 or 10, and is in the custody or care of X;'

Minister of Health, Social Services and Public Safety

Amendment 313 [Made]

Clause 256, Page 138, Line 24

After second 'attorney' insert ', or an enduring power of attorney,'

Minister of Health, Social Services and Public Safety

Amendment 314 [Made]

Clause 256, Page 138, Line 30

At end insert -

'(4) Proceedings in respect of an offence under this section may be brought only by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.'

Minister of Health, Social Services and Public Safety

Amendment 315 [Made]

Clause 258, Page 139, Line 23

Leave out 'receives and'

Minister of Health, Social Services and Public Safety

Amendment 316 [Made]

Clause 258, Page 139, Line 27

At end insert -

'(1A) A person ("R") commits an offence if—

(a) R intentionally detains another person ("P") in circumstances amounting to a deprivation of liberty;

(b) R does so in purported reliance on Part 9 or 10; and

(c) P is not liable to be detained by virtue of that Part.'

Minister of Health, Social Services and Public Safety

Amendment 317 [Made]

Clause 258, Page 140, Line 2

At end insert -

'(5) Proceedings in respect of an offence under this section may be brought only by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.

(6) Section 20(1) of the Interpretation Act (Northern Ireland) 1954 applies in relation to the offence under this section as it applies in relation to other offences under this Act (so, for example, nothing in this section prevents a person from being prosecuted and punished for an offence of false imprisonment).'

Minister of Health, Social Services and Public Safety

Amendment 318 [Made]

Clause 259, Page 140, Line 4

Leave out Subsections (1) to (5) and insert -

'(1) A person commits an offence if—

(a) the person knows that another person ("P") is, by virtue of this Act, liable to be detained in a place in circumstances amounting to a deprivation of liberty; and

(b) the person induces, or intentionally assists, P to absent himself or herself without permission from that place.

(2) A person commits an offence if—

(a) the person knows that another person ("P") is, by virtue of this Act, liable to be detained in a place ("the relevant place") in circumstances amounting to a deprivation of liberty;

(b) P has absented himself or herself without permission from the relevant place; and

(c) the person—

(i) allows P to live or stay with the person, knowing that P absented himself or herself without permission from the relevant place; or

(ii) gives P any assistance with the intention of preventing, delaying or interfering with P's being returned to detention.

(3) A person commits an offence if—

(a) the person knows that another person ("P") is, by virtue of this Act, liable to be detained in a place in circumstances amounting to a deprivation of liberty;

(b) P is being taken to that place; and

(c) the person induces, or intentionally assists, P to escape.

(4) In subsections (1) and (2) references to P absenting himself or herself without permission from a place where P is liable to be detained ("the relevant place") include—

(a) P failing to return to the relevant place at the end of an occasion or period for which P was given permission to be absent, or on being recalled from a permitted absence; and

(b) P absenting himself or herself, without permission, from a place where P is required to be by conditions imposed on the grant of a permission for absence from the relevant place.'

Minister of Health, Social Services and Public Safety

Amendment 319 [Made]

Clause 260, Page 140, Line 31

Leave out Subsections (1) to (3) and insert -

'(1) A person commits an offence if—

(a) the person knows that another person ("P") is required by a community residence requirement to live at a particular place; and

(b) the person induces, or intentionally assists, P to stop living at that place.

(2) A person commits an offence if—

(a) the person knows that another person ("P") is required by a community residence requirement to live at a particular place;

(b) P has stopped living at that place; and

(c) the person gives P any assistance with the intention of preventing, delaying or interfering with P's being returned to live at that place.'

Minister of Health, Social Services and Public Safety

Amendment 320 [Made]

Clause 260, Page 141, Line 3

Leave out from 'has' to end of line 4 and insert 'means a community residence requirement (as defined by section 31) that is imposed under Part 2.'

Minister of Health, Social Services and Public Safety

Amendment 321 [Made]

Clause 262, Page 141, Line 39

At end insert -

'(2A) Proceedings in respect of an offence committed by virtue of this section may be brought only by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.'

Minister of Health, Social Services and Public Safety

Amendment 322 [Made]

Clause 265, Page 143, Line 9

Leave out subsection (3)

Minister of Health, Social Services and Public Safety

Amendment 323 [Made]

Clause 265, Page 143, Line 37

After 'made' insert 'in accordance with this Act'

Minister of Health, Social Services and Public Safety

Amendment 324 [Made]

Clause 265, Page 143, Line 37

After second 'attorney' insert ', or an enduring power of attorney,'

Minister of Health, Social Services and Public Safety

Amendment 325 [Made]

Clause 265, Page 143, Line 39

After 'made' insert 'in accordance with this Act'

Minister of Health, Social Services and Public Safety

Amendment 326 [Made]

Clause 266, Page 143, Line 42

After '265' insert '(2)'

Minister of Health, Social Services and Public Safety

Amendment 327 [Made]

Clause 266, Page 144, Line 3

Leave out from 'taken' to 'has' on line 4 and insert -

'brought only—

(a) by RQIA; or

(b) by, or with'

Minister of Health, Social Services and Public Safety

Amendment 328 [Made]

Clause 270, Page 145, Line 20

Leave out from ', in' to 'Act' on line 22 and insert 'is absent with permission from a place of detention'

Minister of Health, Social Services and Public Safety

Amendment 329 [Made]

Clause 270, Page 145, Line 34

At end insert -

'(2) In subsection (1)(b) "place of detention" means a place where the person is detained, by virtue of this Act, in circumstances amounting to a deprivation of liberty.'

Minister of Health, Social Services and Public Safety

Amendment 330 [Made]

Clause 271, Page 146, Line 34

Leave out from 'granted' to 'and' on line 35 and insert 'or enduring power of attorney (within the meaning of the Mental Capacity Act) granted by P'

Minister of Health, Social Services and Public Safety

Amendment 331 [Made]

New Clause

After Clause 272 insert -

'Advance decisions to refuse treatment

Review of law relating to advance decisions

272A.—(1) Before the third anniversary of the day this section comes into operation, the Department must—

(a) review the law relating to advance decisions to refuse treatment; and

(b) produce a report setting out the conclusions reached on the review (including any proposals for changes to that law).

(2) The Department must lay a copy of the report before the Assembly.'

Minister of Health, Social Services and Public Safety

Amendment 332 [Made]

Clause 274, Page 148, Line 35

After 'questions' insert 'or propositions'

Minister of Health, Social Services and Public Safety

Amendment 333 [Made]

Clause 276, Page 149, Line 16

After 'over' insert '(or is under 16 and is detained under Part 9 or being dealt with under Part 10)'

Minister of Health, Social Services and Public Safety

Amendment 334 [Made]

Clause 276, Page 149, Line 18

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 335 [Made]

Clause 276, Page 149, Line 19

Leave out 'of this Act'

Minister of Health, Social Services and Public Safety

Amendment 336 [Made]

Clause 276, Page 150, Line 5

After 'concerned' insert '(and must in particular consult the Department of Justice if the code contains specific provision about persons detained under Part 9 or persons being dealt with under Part 10)'

Minister of Health, Social Services and Public Safety

Amendment 337 [Made]

Clause 276, Page 150, Line 12

At end insert -

'(8A) For the purposes of this section a person is "being dealt with under Part 10" if—

(a) the person is remanded to hospital under Chapter 1 of Part 10; or

(b) a public protection order, hospital direction, interim detention order or hospital transfer direction has been made in respect of the person and remains in force.'

Minister of Health, Social Services and Public Safety

Amendment 338 [Made]

Clause 276, Page 150, Line 13

After first 'section' insert -

'—

"hospital direction", "hospital transfer direction", "interim detention order" and "public protection order" have the same meaning as in Part 10 (see section 247);

Minister of Health, Social Services and Public Safety

Amendment 339 [Made]

Clause 277, Page 150, Line 22

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 340 [Made]

Clause 277, Page 150, Line 23

After second 'attorney' insert 'or an enduring power of attorney'

Minister of Health, Social Services and Public Safety

Amendment 341 [Made]

New Clause

After Clause 277 insert -

'Provision of information and facilities

Provision of information by HSC trusts and the Department

277A.—(1) An HSC trust, and the Department, must provide to a relevant authority such returns, reports and other information as the relevant authority may require for the performance of its functions under this Act.

(2) In subsection (1) "relevant authority" means—

(a) the High Court;

(b) the Public Guardian;

(c) the Tribunal; or

(d) the Attorney General.'

Minister of Health, Social Services and Public Safety

Amendment 342 [Made]

New Clause

After Clause 277 insert -

'Provision of facilities by HSC trusts and the Department

277B.—(1) An HSC trust must provide to a relevant authority such facilities as are necessary to enable the relevant authority to perform its functions under this Act.

(2) In subsection (1) "relevant authority" means—

(a) the High Court;

(b) the Public Guardian; or

(c) the Tribunal.

(3) The Department must provide, to the Tribunal, such facilities as are necessary to enable the Tribunal to perform its functions under this Act.'

Minister of Health, Social Services and Public Safety

Amendment 343 [Made]

Clause 278, Page 150, Line 37

Leave out 'justice of the peace' and insert 'lay magistrate'

Minister of Health, Social Services and Public Safety

Amendment 344 [Made]

Clause 278, Page 150, Line 39

Leave out from 'person' to 'place' on line 40 and insert 'relevant person'

Minister of Health, Social Services and Public Safety

Amendment 345 [Made]

Clause 278, Page 151, Line 4

Leave out 'justice' and insert 'lay magistrate'

Minister of Health, Social Services and Public Safety

Amendment 346 [Made]

Clause 278, Page 151, Line 5

After second 'the' insert 'relevant'

Minister of Health, Social Services and Public Safety

Amendment 347 [Made]

Clause 278, Page 151, Line 6

At end insert -

'(2A) A constable executing a warrant under subsection (2) may be accompanied by an approved social worker (as well as a medical practitioner).'

Minister of Health, Social Services and Public Safety

Amendment 348 [Made]

Clause 278, Page 151, Line 7

Leave out 'person concerned' and insert 'relevant person'

Minister of Health, Social Services and Public Safety

Amendment 349 [Made]

Clause 278, Page 151, Line 9

Leave out from 'place"' to end of line 10 and insert -

'person" means a person who—

(a) by virtue of this Act, is liable to be detained in a place in circumstances amounting to a deprivation of liberty; and

(b) is, by virtue of this Act, to be taken to that place.'

Minister of Health, Social Services and Public Safety

Amendment 350 [Made]

Clause 279, Page 151, Line 12

Leave out 'justice of the peace' and insert 'lay magistrate'

Minister of Health, Social Services and Public Safety

Amendment 351 [Made]

Clause 279, Page 151, Line 15

After '(b)' insert '(a "relevant person")'

Minister of Health, Social Services and Public Safety

Amendment 352 [Made]

Clause 279, Page 151, Line 19

Leave out 'justice' and insert 'lay magistrate'

Minister of Health, Social Services and Public Safety

Amendment 353 [Made]

Clause 279, Page 151, Line 21

Leave out 'person liable to be so taken' and insert 'relevant person'

Minister of Health, Social Services and Public Safety

Amendment 354 [Made]

Clause 279, Page 151, Line 23

Leave out '1983 Act' and insert 'Mental Health Act 1983'

Minister of Health, Social Services and Public Safety

Amendment 355 [Made]

Clause 279, Page 151, Line 26

Leave out 'into custody in Northern Ireland any person who may be so taken.' and insert 'any relevant person into custody in Northern Ireland.'

Minister of Health, Social Services and Public Safety

Amendment 356 [Made]

Clause 280, Page 152, Line 4

At end insert -

'(4) Nothing in subsection (3) affects any other power, or authority to do an act, that the relevant person (or any other person) may have.'

Minister of Health, Social Services and Public Safety

Amendment 357 [Made]

Clause 281, Page 152, Line 24

At end insert -

'(6) Nothing in subsection (1) affects any other power, or authority to do an act, that a person mentioned in subsection (2) (or any other person) may have.'

Minister of Health, Social Services and Public Safety

Amendment 358 [Made]

Clause 282, Page 152, Line 29

Leave out 'liable to be'

Minister of Health, Social Services and Public Safety

Amendment 359 [Made]

Clause 282, Page 152, Line 31

Leave out from 'from' to 'harm' on line 32

Minister of Health, Social Services and Public Safety

Amendment 360 [Made]

Clause 283, Page 152, Line 38

Leave out '"a panel"' and insert '"panel"'

Minister of Health, Social Services and Public Safety

Amendment 361 [Made]

Clause 283, Page 153, Line 3

After 'members' insert '(all of whom must be present during any proceedings of the panel)'

Minister of Health, Social Services and Public Safety

Amendment 362 [Made]

Clause 283, Page 153, Line 4

Leave out subsection (3)

Minister of Health, Social Services and Public Safety

Amendment 363 [Made]

Clause 283, Page 153, Line 5

Leave out 'provision about the procedure of such a panel' and insert 'further provision about the membership or procedure of panels'

Minister of Health, Social Services and Public Safety

Amendment 364 [Made]

Clause 283, Page 153, Line 7

Leave out 'the panel to afford' and insert 'panels to give'

Minister of Health, Social Services and Public Safety

Amendment 365 [Made]

Clause 283, Page 153, Line 9

Leave out 'the' and insert 'a'

Minister of Health, Social Services and Public Safety

Amendment 366 [Made]

Clause 283, Page 153, Line 11

Leave out 'the' and insert 'a'

Minister of Health, Social Services and Public Safety

Amendment 367 [Made]

Clause 283, Page 153, Line 14

Leave out 'the' and insert 'a'

Minister of Health, Social Services and Public Safety

Amendment 368 [Made]

Clause 284, Page 153, Line 25

Leave out 'permission' and insert 'consent'

Minister of Health, Social Services and Public Safety

Amendment 369 [Not moved]

Clause 286, Page 154, Line 5

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 370 [Not called]

Clause 286, Page 154, Line 8

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 371 [Not called]

Clause 286, Page 154, Line 9

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 372 [Not called]

Clause 286, Page 154, Line 10

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 373 [Not called]

Clause 286, Page 154, Line 11

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 374 [Not called]

Clause 286, Page 154, Line 13

After 'practitioners' insert 'or approved clinicians'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 375 [Not called]

Clause 286, Page 154, Line 15

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 376 [Not called]

Clause 286, Page 154, Line 16

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 377 [Not called]

Clause 286, Page 154, Line 18

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 378 [Not called]

Clause 286, Page 154, Line 22

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Clause 288 [Question that Clause 288 stand part negatived]

The Minister of Health, Social Services and Public Safety gives notice of his intention to oppose the question that Clause 288 stand part of the Bill.

Minister of Health, Social Services and Public Safety

Clause 288 [Question that Clause 288 stand part negatived]

The Member listed below gives notice of his intention to oppose the question that Clause 288 stand part of the Bill.

Chair, Ad Hoc Joint Committee on the Mental Capacity Bill

Amendment 379 [Made]

Clause 289, Page 155, Line 8

Leave out 'under a relevant provision' and insert 'to which subsection (3) applies'

Minister of Health, Social Services and Public Safety

Amendment 380 [Made]

Clause 289, Page 155, Line 11

Leave out 'Regulations under any other provision of' and insert 'Any other regulations under'

Minister of Health, Social Services and Public Safety

Amendment 381 [Made]

Clause 289, Page 155, Line 13

Leave out 'In this section "relevant provision" means' and insert -

'This subsection applies to—

(a) regulations under'

Minister of Health, Social Services and Public Safety

Amendment 382 [Made]

Clause 289, Page 155, Line 13

After '22(1),' insert '36(4)(b),'

Minister of Health, Social Services and Public Safety

Amendment 383 [Made]

Clause 289, Page 155, Line 14

After '48(5),' insert '58A(2),'

Minister of Health, Social Services and Public Safety

Amendment 384 [Made]

Clause 289, Page 155, Line 14

Leave out '205(8),'

Minister of Health, Social Services and Public Safety

Amendment 385 [Made]

Clause 289, Page 155, Line 15

Leave out ', 288(3)(b)'

Minister of Health, Social Services and Public Safety

Amendment 386 [Made]

Clause 289, Page 155, Line 15

After '293(3)' insert ', paragraph 14(1) of Schedule 7A'

Minister of Health, Social Services and Public Safety

Amendment 387 [Made]

Clause 289, Page 155, Line 15

At end insert -

'(b) regulations under section 252 or 253 that amend this Act;

(c) regulations under section 265(2) containing any provision that creates an offence;

(d) regulations under section 290(3) that amend the text of Northern Ireland legislation or an Act of Parliament;

(e) any other regulations under this Act that are contained in a statutory rule that contains regulations within any of paragraphs (a) to (d).'

Minister of Health, Social Services and Public Safety

Amendment 388 [Made]

Clause 290, Page 155, Line 21

At end insert -

'(3) The Department or the Department of Justice may by regulations make such other amendments of statutory provisions as it considers appropriate in consequence of this Act.'

Minister of Health, Social Services and Public Safety

Amendment 389 [Made]

Clause 293, Page 156

Leave out lines 12 to 14

Minister of Health, Social Services and Public Safety

Amendment 390 [Made]

Clause 293, Page 157, Line 9

After 'physical' insert 'or psychological'

Minister of Health, Social Services and Public Safety

Amendment 391 [Made]

Clause 293, Page 157, Line 11

Before 'includes harm' insert 'except in references to physical harm,'

Minister of Health, Social Services and Public Safety

Amendment 392 [Made]

Clause 293, Page 157

Leave out line 27

Minister of Health, Social Services and Public Safety

Amendment 393 [Made]

Clause 293, Page 157, Line 28

At end insert -

'"independent mental capacity advocate" has the meaning given by section 84;'

Minister of Health, Social Services and Public Safety

Amendment 394 [Made]

Clause 293, Page 157, Line 33

At end insert -

'"liable to be detained": any reference to a person who, by virtue of this Act, is liable to be detained in a place in circumstances amounting to a deprivation of liberty includes—

(a) person who is detained in the place in such circumstances, where section 9(2) applies in relation to the detention, and

(b) a person who would fall within paragraph (a) if he or she were so detained,

whether or not an authorisation under Schedule 1 or 2 is in force in respect of the person;'

Minister of Health, Social Services and Public Safety

Amendment 395 [Made]

Clause 293, Page 159, Line 11

After '"regulations"' insert 'and "prescribed" mean'

Minister of Health, Social Services and Public Safety

Amendment 396 [Made]

Clause 293, Page 159, Line 12

Leave out 'means'

Minister of Health, Social Services and Public Safety

Amendment 397 [Made]

Clause 293, Page 159, Line 13

After 'and' insert 'prescribed by such regulations;'

Minister of Health, Social Services and Public Safety

Amendment 398 [Made]

Clause 293, Page 159, Line 14

Leave out 'section 289' and insert 'sections 252, 253, 289, 290 and 294'

Minister of Health, Social Services and Public Safety

Amendment 399 [Made]

Clause 293, Page 159, Line 15

Leave out 'means'

Minister of Health, Social Services and Public Safety

Amendment 400 [Made]

Clause 293, Page 159, Line 15

After 'Department,' insert 'and prescribed by such regulations.'

Minister of Health, Social Services and Public Safety

Amendment 401 [Made]

Clause 293, Page 159

Leave out lines 16 and 17

Minister of Health, Social Services and Public Safety

Amendment 402 [Made]

Clause 293, Page 159, Line 17

At end insert -

'(6A) Part 1 (principles) applies in relation to regulations made under any provision of this Act as it applies in relation to that provision.'

Minister of Health, Social Services and Public Safety

Amendment 403 [Made]

Clause 294, Page 159, Line 23

After 'Sections' insert '272A,'

Minister of Health, Social Services and Public Safety

Amendment 404 [Made]

Clause 294, Page 159, Line 23

Leave out '288, 289 and' and insert '289, 290(3),'

Minister of Health, Social Services and Public Safety

Amendment 405 [Made]

Clause 294, Page 159, Line 26

At end insert -

'(3) The Department or the Department of Justice may by regulations make such transitional, transitory or saving provision as it considers appropriate in connection with the coming into operation of any provision of this Act.'

Minister of Health, Social Services and Public Safety

Amendment 406 [Made]

Schedule 1, Page 160, Line 33

Leave out 'which would be likely to' and insert 'that would or might'

Minister of Health, Social Services and Public Safety

Amendment 407 [Made]

Schedule 1, Page 161, Line 40

Leave out 'be, or would be likely to be,' and insert 'or might be'

Minister of Health, Social Services and Public Safety

Amendment 408 [Made]

Schedule 1, Page 162, Line 32

Leave out 'would be likely to lack' and insert 'would lack (or would probably lack)'

Minister of Health, Social Services and Public Safety

Amendment 409 [Not moved]

Schedule 1, Page 162, Line 37

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 410 [Not called]

Schedule 1, Page 162, Line 38

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 411 [Not called]

Schedule 1, Page 163, Line 1

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 412 [Not called]

Schedule 1, Page 163, Line 9

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 413 [Made]

Schedule 1, Page 163, Line 12

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 414 [Made]

Schedule 1, Page 164, Line 11

Leave out 'for P'

Minister of Health, Social Services and Public Safety

Amendment 415 [Made]

Schedule 1, Page 164, Line 15

Leave out 'which would be likely to' and insert 'that would or might'

Minister of Health, Social Services and Public Safety

Amendment 416 [Made]

Schedule 1, Page 167, Line 28

Leave out 'likely to lack' and insert 'lacks, or probably lacks'

Minister of Health, Social Services and Public Safety

Amendment 417 [Made]

Schedule 1, Page 167, Line 32

Leave out from 'in' to end of line 36 and insert -

'—

(a) that it will not be possible within that period to decide whether the criteria for authorisation are met in respect of a measure proposed in the application, but

(b) that there is a good prospect of it being established that the criteria for authorisation are met in respect of the measure,'

Minister of Health, Social Services and Public Safety

Amendment 418 [Made]

Schedule 1, Page 168, Line 23

Leave out 'likely to lack' and insert 'lacks, or probably lacks,'

Minister of Health, Social Services and Public Safety

Amendment 419 [Made]

Schedule 1, Page 169, Line 30

Leave out 'P is liable by virtue of an authorisation under this Schedule to be detained' and insert 'an authorisation under this Schedule authorises the detention of P'

Minister of Health, Social Services and Public Safety

Amendment 420 [Made]

Schedule 1, Page 169, Line 33

Leave out lines 33 and 34 and insert 'the authorisation ceases to authorise any detention of P.'

Minister of Health, Social Services and Public Safety

Amendment 421 [Not moved]

Schedule 1, Page 170, Line 35

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 422 [Not moved]

Schedule 2, Page 170, Line 38

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 423 [Not called]

Schedule 2, Page 171, Line 33

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 424 [Made]

Schedule 2, Page 172, Line 1

Leave out from second 'is' to 'lack' on line 2 and insert 'lacks (or probably lacks)'

Minister of Health, Social Services and Public Safety

Amendment 425 [Not called]

Schedule 2, Page 172, Line 18

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 426 [Not called]

Schedule 2, Page 172, Line 20

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 427 [Not called]

Schedule 2, Page 172, Line 22

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 428 [Not called]

Schedule 2, Page 172, Line 25

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 429 [Not called]

Schedule 2, Page 172, Line 26

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 430 [Made]

Schedule 2, Page 172, Line 28

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 431 [Made]

Schedule 2, Page 174, Line 9

Leave out sub-paragraphs (2) to (3) and insert -

'(2) Immediately after being admitted or treated as admitted, P must be examined by a medical practitioner who—

(a) is within sub-paragraph (4); and

(b) did not make the medical report under paragraph 4.'

Minister of Health, Social Services and Public Safety

Amendment 432 [Not called]

Schedule 2, Page 174, Line 9

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 433 [Made]

Schedule 2, Page 174, Line 19

Leave out 'An examination under this paragraph must be carried out by' and insert 'The medical practitioners are'

Minister of Health, Social Services and Public Safety

Amendment 434 [Not called]

Schedule 2, Page 174, Line 20

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 435 [Not called]

Schedule 2, Page 174, Line 21

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 436 [Not called]

Schedule 2, Page 174, Line 22

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 437 [Made]

Schedule 2, Page 174, Line 23

Leave out sub-paragraph (5)

Minister of Health, Social Services and Public Safety

Amendment 438 [Not called]

Schedule 2, Page 174, Line 24

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 439 [Not called]

Schedule 2, Page 174, Line 24

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 440 [Not called]

Schedule 2, Page 174, Line 25

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 441 [Made]

Schedule 2, Page 174, Line 33

At end insert -

'(10) If there is a failure to examine P in accordance with sub-paragraph (2), or to make a report in accordance with sub-paragraphs (6) and (7), the failure is an event which terminates the authorisation.'

Minister of Health, Social Services and Public Safety

Amendment 442 [Not called]

Schedule 2, Page 175, Line 16

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 443 [Not called]

Schedule 2, Page 175, Line 19

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 444 [Not called]

Schedule 2, Page 175, Line 20

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 445 [Not called]

Schedule 2, Page 175, Line 22

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 446 [Not called]

Schedule 2, Page 175, Line 24

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 447 [Not called]

Schedule 2, Page 176, Line 6

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 448 [Not called]

Schedule 2, Page 176, Line 7

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 449 [Not called]

Schedule 2, Page 176, Line 11

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 450 [Made]

Schedule 2, Page 177, Line 33

Leave out sub-paragraph 1 and insert -

'(1) Where a report under this Schedule is incorrect or defective in any respect as a result of an administrative error, the appropriate person may (subject to sub-paragraph (2)) amend the report for the purpose of correcting the error.

(2) "The appropriate person", in relation to a report ("the relevant report"), means—

(a) if the relevant report is a report under paragraph 2 and the amendment is to the medical report included in the relevant report, the person who signed the medical report;

(b) otherwise, the person who signed the relevant report.'

Minister of Health, Social Services and Public Safety

Amendment 451 [Made]

Schedule 2, Page 177, Line 40

Leave out 'But'

Minister of Health, Social Services and Public Safety

Amendment 452 [Made]

Schedule 2, Page 178, Line 10

Leave out from 'in' to '("P")' on line 11

Minister of Health, Social Services and Public Safety

Amendment 453 [Made]

Schedule 2, Page 178, Line 14

Leave out from ', or' to end of line 16 and insert 'does not comply with the requirements of paragraph 4.'

Minister of Health, Social Services and Public Safety

Amendment 454 [Made]

Schedule 2, Page 178, Line 19

Leave out from 'or' to 'given' on line 20

Minister of Health, Social Services and Public Safety

Amendment 455 [Made]

Schedule 2, Page 178, Line 21

Leave out sub-paragraph (4) and insert -

'(4) But if, before the end of the permitted period—

(a) a fresh medical report is made in accordance with paragraph 4, and

(b) the fresh report states that in the opinion of the person making the report the condition in paragraph 12 is met, and has been met at all times since the making of the medical report mentioned in sub-paragraph (1)(b),

the authorisation report is valid, and is to be treated as always having been valid.'

Minister of Health, Social Services and Public Safety

Amendment 456 [Made]

Schedule 2, Page 178, Line 28

Leave out sub-paragraph (5) and insert -

'(5) Nothing in this paragraph limits the application of paragraph 20.'

Minister of Health, Social Services and Public Safety

Amendment 457 [Made]

Schedule 2, Page 178, Line 32

At end insert -

'22.—(1) This paragraph applies where—

(a) a report under paragraph 2 ("the authorisation report") has been made in respect of a person ("P"); and

(b) at any time before the end of the permitted period, it appears to the managing authority that a report under paragraph 11, 13 or 14 made in respect of P ("the original report") does not comply with the requirements of that paragraph ("the relevant paragraph").

(2) The managing authority may, before the end of the permitted period, give notice in writing to that effect to the person who signed the authorisation report.

(3) Where any such notice is given, the original report is to be disregarded.

(4) But if, before the end of the permitted period—

(a) P is examined, and a fresh report is made, in accordance with the requirements of the relevant paragraph (except any requirements as to the timing of the examination or report), and

(b) the fresh report states that in the opinion of the person making the report the condition in paragraph 12 is met, and has been met at all times since the making of the original report,

the authorisation has effect, and is treated as always having had effect, as if it had not expired by virtue of the relevant paragraph.

(5) Nothing in this paragraph limits the application of paragraph 20.

(6) In this paragraph—

"the managing authority" has the same meaning as in paragraph 21;

"the permitted period" has the same meaning as in paragraph 20.'

Minister of Health, Social Services and Public Safety

Amendment 458 [Made]

Schedule 3, Page 180, Line 19

Leave out 'would be likely to lack' and insert 'would lack (or would probably lack)'

Minister of Health, Social Services and Public Safety

Amendment 459 [Not called]

Schedule 3, Page 180, Line 24

Leave out 'medical' and insert 'clinical'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 460 [Not called]

Schedule 3, Page 180, Line 25

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 461 [Not called]

Schedule 3, Page 180, Line 27

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 462 [Not called]

Schedule 3, Page 180, Line 31

After 'practitioner' insert 'or approved clinician'

Ms Rosaleen McCorley

Mr Raymond McCartney

Mr Seán Lynch

Amendment 463 [Made]

Schedule 3, Page 180, Line 34

After 'independent' insert 'mental capacity'

Minister of Health, Social Services and Public Safety

Amendment 464 [Made]

Schedule 3, Page 182, Line 8

Leave out 'likely to lack' and insert 'lacks, or probably lacks,'

Minister of Health, Social Services and Public Safety

Amendment 465 [Made]

Schedule 4, Page 186, Line 32

Leave out 'give notice of the fact in the prescribed form to' and insert 'notify'

Minister of Health, Social Services and Public Safety

Amendment 466 [Made]

Schedule 4, Page 187, Line 9

After 'revoked' insert 'or has otherwise come to an end'

Minister of Health, Social Services and Public Safety

Amendment 467 [Made]

Schedule 4, Page 187, Line 10

Leave out sub-paragraph (2)

Minister of Health, Social Services and Public Safety

Amendment 468 [Made]

Schedule 4, Page 187, Line 31

At end insert -

'Notification on cancellation

19A. If the Public Guardian cancels the registration of an instrument as a lasting power of attorney, the Public Guardian must notify—

(a) the donor;

(b) each person appointed as attorney; and

(c) each person (if any) appointed as replacement attorney.'

Minister of Health, Social Services and Public Safety

Amendment 469 [Made]

Schedule 5, Page 201, Line 36

Leave out sub-paragraph (2)

Minister of Health, Social Services and Public Safety

Schedule 5 [Question that Schedule 5 stand part negatived]

The Member listed below gives notice of his intention to oppose the question that Schedule 5 stand part of the Bill.

Chair, Ad Hoc Joint Committee on the Mental Capacity Bill

Amendment 470 [Made]

New Schedule

After schedule 7 insert -

'SCHEDULE 7A

Section 205.

Supervision and Assessment Orders

Part 1

Introductory

Introductory

1.—(1) In this Part a "supervision and assessment order" is an order made in respect of a person ("the supervised person") containing—

(a) a supervision element (see paragraph 3), and

(b) an assessment element (see paragraph 4).

(2) A supervision and assessment order may also include a residence element (see paragraph 5).

(3) In this Schedule, references to the commission of offences by a person include the commission of offences in the circumstances described in section 204 (finding that person not guilty on the ground of insanity).

Part 2

MAKING AND CONTENTS OF ORDER

Conditions which must be satisfied before order can be made

2.—(1) A court may make a supervision and assessment order only if the following four conditions are met.

(2) The first condition is that the court is satisfied, on the required medical evidence, that the supervised person has a disorder, or that there is reason to suspect that the supervised person has a disorder.

(3) The second condition is that the court is satisfied, on the required medical evidence, that examination of the supervised person ("S") is necessary or desirable for the assessment of one or both of the following—

(a) whether the disorder requires treatment;

(b) whether consent to the giving of such treatment will be given by S, or by a person with authority to give consent on behalf of S, or whether such treatment will be capable of being given to S by virtue of Part 2 of this Act (or, if S is under 16, under the Mental Health Order).

(4) The third condition is that the court is satisfied that supervision under the order is desirable in the interests of—

(a) securing the rehabilitation of the supervised person, or

(b) protecting the public from harm from that person or preventing the commission by that person of offences.

(5) The fourth condition is that the court is satisfied that the making of such an order is the most suitable means of dealing with the supervised person.

(6) In this paragraph "the required medical evidence" means the written or oral evidence of at least two medical practitioners, including—

(a) if the disorder is mental disorder, the oral evidence of an approved medical practitioner;

(b) otherwise, the oral evidence of a medical practitioner who appears to the court to have special experience in the diagnosis or treatment of the disorder.

Supervision element

3.—(1) A supervision element is a requirement that the supervised person be under the supervision of—

(a) a social worker, or

(b) a probation officer,

for a period specified in the order ("the supervision period"), which must be not less than 6 months and not more than 3 years.

(2) The social worker or probation officer is referred to in this Schedule as "the supervising officer".

(3) The court must not make a supervision and assessment order unless it is satisfied that the supervising officer is willing to undertake the supervision.

(4) If the supervising officer is a social worker—

(a) the supervision and assessment order must specify the HSC trust for the area in which the supervised person resides or will reside, and

(b) the social worker must be an approved social worker appointed as such by that trust.

Assessment element

4.—(1) An assessment element is a requirement that, during a specified period ("the assessment period"), the supervised person must—

(a) attend at a specified place at a specified time or times, or

(b) make himself or herself available at a specified place at a specified time or times,

for assessment by or under the direction of a medical practitioner.

(2) The assessment period may be the whole or any part of the supervision period.

(3) Assessment under sub-paragraph (1) is to be assessment of such of the following as the medical practitioner considers appropriate at the time of the assessment—

(a) the supervised person's condition;

(b) either or both of the matters mentioned in paragraph 2(3)(a) and (b).

(4) In sub-paragraph (1) "specified" means specified in the order.

Residence element

5.—(1) A residence element is any requirement as to the residence of the supervised person during a period specified in the order ("the residence period").

(2) The residence period may be the whole or any part of the supervision period.

(3) Before including a residence element, the court must consider the home surroundings of the supervised person.

(4) A residence element may not require the supervised person to reside as an in-patient or resident in a hospital or care home.

Procedural requirements relating to the making of the order

6.—(1) Before making a supervision and assessment order, the court must explain to the supervised person in ordinary language—

(a) the effect of each of the elements included in the order, and

(b) that a court of summary jurisdiction, and the court making the order, have power under paragraphs 8 to 10, 11 and 13 to review the order on the application either of the supervised person or the supervising officer.

(2) After making an order, the court must as soon as practicable—

(a) give at least 2 copies of the order to the supervising officer, and

(b) if the supervising officer is a social worker, send at least 1 copy of the order to the Probation Board.

(3) The supervising officer must give a copy of the order to the supervised person.

Part 3

EFFECT OF ORDER

7. Where an order is made, the supervised person must (as well as complying with the assessment element and any residence element) keep in touch with the supervising officer in accordance with such instructions as that officer may from time to time give, and must notify the supervising officer of any change of address.

Part 4

AMENDMENT OR REVOCATION OF ORDER

Amendment of order: general

8.—(1) A court of summary jurisdiction may, on the application of the supervised person or the supervising officer, amend a supervision and assessment order—

(a) by cancelling any of the requirements of the order; or

(b) by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include if it were the court by which the order was made and were then making it.

(2) The power of a court under sub-paragraph (1) does not include power to amend an order by extending any period specified in it beyond the end of 3 years from the date of the original order.

Amendment of order: change of area of residence

9.—(1) This paragraph applies where—

(a) a supervision and assessment order requires the supervised person to be under the supervision of a social worker, and

(b) (in accordance with paragraph 3(4)) the order specifies the HSC trust for the area in which the person resides ("the current trust").

(2) If a court of summary jurisdiction is satisfied that the supervised person proposes to change, or has changed, his residence to the area of another HSC trust, the court may amend the order by substituting, for the current trust, the other HSC trust.

(3) The court must amend the order as mentioned in sub-paragraph (2) if the supervising officer applies for it to do so.

(4) Where—

(a) the court amends a supervision and assessment order under this paragraph, and

(b) the order contains requirements which in the opinion of the court cannot be complied with if the supervised person ceases to reside in the area of the current trust,

the court must either cancel those requirements or substitute for them other requirements which can be complied with if the supervised person ceases to reside in that area.

Medical reports

10.—(1) In this paragraph "relevant medical practitioner" means a medical practitioner by whom or under whose direction the supervised person—

(a) has been assessed in pursuance of a supervision and assessment order, or

(b) is being treated for a disorder in pursuance of such an order.

(2) Sub-paragraph (3) applies where any of the following conditions is met—

(a) the order requires the supervised person to attend or make himself or herself available for assessment at specified intervals, but a relevant medical practitioner considers that assessment at longer intervals is sufficient for the purposes mentioned in paragraph 2(3)(a) and (b);

(b) a relevant medical practitioner considers that it is necessary or desirable, for the purposes mentioned in paragraph 2(3)(a) and (b), to assess the supervised person more frequently than specified in the order;

(c) a relevant medical practitioner considers that the supervised person no longer requires treatment for his or her disorder;

(d) a relevant medical practitioner considers that the supervised person's disorder is not (or is no longer) susceptible to treatment;

(e) a relevant medical practitioner considers that the assessment period should be extended (subject to sub-paragraph (5));

(f) a relevant medical practitioner is for any reason unwilling to continue to assess or treat, or direct the assessment or treatment of, the supervised person;

(g) a relevant medical practitioner becomes aware that the supervised person has been admitted to hospital as an in-patient.

(3) The relevant medical practitioner must make a report in writing to that effect to the supervising officer.

(4) The supervising officer must—

(a) in the case of a report made as mentioned in sub-paragraph (2)(a), inform the court which made the order;

(b) in the case of a report made as mentioned in sub-paragraph (2)(b) to (f), apply to a court of summary jurisdiction for the order to be amended as the court considers appropriate (including by cancelling the assessment element);

(c) in the case of a report made as mentioned in sub-paragraph (2)(g), apply to a court of summary jurisdiction for the assessment element to be suspended whilst the supervised person remains an in-patient.

(5) On an application made in the case of a report made as mentioned in sub-paragraph (2)(e)—

(a) if the court considers it appropriate for the assessment period to end later than the end of the existing supervision period, the court may extend the supervision period;

(b) the assessment period (as extended) must not end later than the end of the supervision period (as extended); and

(c) neither period may be extended beyond the end of 3 years from the date of the original order.

Revocation of order

11.—(1) A court that has made a supervision and assessment order may, on the application of the supervised person or the supervising officer, revoke the order under this paragraph.

(2) The court may do so only if the court is satisfied that, having regard to circumstances which have arisen since the order was made, it would be in the interests of the health or welfare of the supervised person to revoke the order.

Procedural requirements on amendment or revocation of order

12.—(1) On the making under any of paragraphs 8 to 11 of an order amending or revoking a supervision and assessment order, the court must as soon as practicable give to the supervising officer at least 2 copies of the amending or revoking order.

(2) The supervising officer, when given copies under sub-paragraph (1), must give a copy of the amending or revoking order to—

(a) the supervised person, and

(b) if the supervised person is receiving in-patient treatment or is residing in a hospital, the person in charge of that hospital.

Part 5

BREACH OF ORDER

13.—(1) This paragraph applies where—

(a) a supervision and assessment order is in force, and

(b) the supervising officer applies to the court that made the order for the order to be revoked under this paragraph.

(2) If—

(a) it is proved to the satisfaction of the court that the supervised person ("S") has, without reasonable excuse, failed to comply with any of the requirements of the order, and

(b) it appears to the court to be in the interests of justice to do so,

the court may revoke the order and deal with S, for the matter in respect of which the order was made, in any manner in which the court could deal with S if a finding mentioned in section 205(1) had just been recorded by it in respect of that matter.

(3) In doing so, the court must take into account the extent to which S has complied with the requirements of the order.

(4) In proceedings under this paragraph any question as to whether S has failed to comply with the requirements of the order is to be determined by the court and not by the verdict of a jury.

(5) Where the court proposes to exercise its powers under this paragraph, it must summon S to appear before the court and, if S does not appear in answer to the summons, may issue a warrant for the arrest of S.

Part 6

SUPPLEMENTARY

Power to vary period for which supervision element may be made

14.—(1) The Department of Justice may make regulations substituting, for the period of 3 years mentioned in paragraph 3(1), such other period (exceeding 6 months) as may be specified in the regulations.

(2) Regulations under sub-paragraph (1) may make in paragraph 8(2) any amendment which the Department thinks necessary in consequence of the substitution made by the regulations.

Transitional provision relating to the abolition of petty sessions districts

15.—(1) Until the day on which section 1 of the Justice (Northern Ireland) Act 2015 comes into operation, this Schedule is to be read with the following modifications.

(2) If the supervising officer is a probation officer—

(a) the supervision and assessment order must specify the petty sessions district in which the supervised person resides or will reside, and

(b) the supervising officer must be a probation officer appointed for or assigned to that district.

(3) If the supervising officer is a social worker—

(a) paragraph 6(2)(b) does not apply, but

(b) the court must, as soon as practicable after making the order, give to the probation officer assigned to the court at least 1 copy of the order.

(4) After making an order, the court must send to the clerk of petty sessions for the petty sessions district in which the supervised person resides or will reside—

(a) a copy of the order; and

(b) such documents and information relating to the case as it considers likely to be of assistance to a court acting for that district in the exercise of its functions in relation to the order.

(5) The functions conferred by paragraphs 8 to 10 are to be exercised by a court for the petty sessions district in which the supervised person resides or will reside.

(6) In paragraph 9—

(a) in sub-paragraph (1)(a), the reference to supervision by a social worker includes supervision by a probation officer appointed for or assigned to a petty sessions district;

(b) the references to an HSC trust or to the area of such a trust include a petty sessions district.

(7) If the court amends a supervision and assessment order so as to substitute one petty session district for another, the court which amends the order must send to the clerk of petty sessions for the new petty sessions district—

(a) at least 2 copies of the amending order; and

(b) such documents and information relating to the case as it considers likely to be of assistance to a court acting for that district in the exercise of its functions in relation to the order.

(8) The clerk of petty sessions for the new petty sessions district, when given copies under sub-paragraph (7), must give a copy of the amending order to the supervising officer.'

Minister of Health, Social Services and Public Safety

Amendment 471 [Made]

Schedule 8, Page 211, Line 17

Leave out 'affects any liability of the patient to be' and insert 'prevents the patient from being'

Minister of Health, Social Services and Public Safety

Amendment 472 [Made]

Schedule 8, Page 218, Line 18

Leave out paragraphs 50 and 51 and insert -

'50. Omit Part 6 (functions of RQIA).

51. In Article 90 (registration of private hospitals) omit paragraph (1).

51A. Omit Articles 91 to 94 (provisions about registration and inspections).

51B. Omit Article 96 (offences under Part 7).'

Minister of Health, Social Services and Public Safety

Amendment 473 [Made]

Schedule 8, Page 219, Line 9

Leave out sub-paragraphs (3) and (4) and insert -

'(3) In paragraph (2) for the words from "facilities" to the end substitute "facilities to the Review Tribunal as are necessary for it to exercise its functions under this Order.".

(4) In paragraph (3) for "and RQIA as are necessary for them to exercise their" substitute "as are necessary for it to exercise its".'

Minister of Health, Social Services and Public Safety

Amendment 474 [Made]

Schedule 8, Page 219, Line 13

At end insert -

'(4) After paragraph (3) insert—

"(4) Nothing in this Article applies in relation to a person detained by virtue of the 2016 Act."'

Minister of Health, Social Services and Public Safety

Amendment 475 [Made]

Schedule 8, Page 219, Line 23

Leave out paragraph 61 and insert -

'61. Omit Article 128 (pay, pensions etc of patients).'

Minister of Health, Social Services and Public Safety

Amendment 476 [Made]

Schedule 8, Page 219, Line 27

At end insert -

'(b) for "a place of safety" substitute "an appropriate place".'

Minister of Health, Social Services and Public Safety

Amendment 477 [Made]

Schedule 8, Page 219, Line 28

At end insert -

'(4) In paragraph (5) for "a place of safety" substitute "an appropriate place".

(5) In paragraph (7)—

(a) for ""place of safety"" substitute ""appropriate place"";

(b) omit "any police station,".'

Minister of Health, Social Services and Public Safety

Amendment 478 [Made]

Schedule 8, Page 219, Line 30

Leave out 'omit "or' and insert 'for "a place of safety or'

Minister of Health, Social Services and Public Safety

Amendment 479 [Made]

Schedule 8, Page 219, Line 31

At end insert 'substitute "an appropriate place (as defined by Article 129(7))".'

Minister of Health, Social Services and Public Safety

Amendment 480 [Made]

Schedule 8, Page 219, Line 38

After '(3)' insert -

'—

(a) for "a place of safety" substitute "an appropriate place";

(b) '

Minister of Health, Social Services and Public Safety

Amendment 481 [Made]

Schedule 8, Page 220, Line 13

Leave out paragraph 67

Minister of Health, Social Services and Public Safety

Amendment 482 [Made]

Schedule 9, Page 226, Line 15

Leave out 'permission' and insert 'leave'

Minister of Health, Social Services and Public Safety

Amendment 483 [Made]

Schedule 10, Page 228, Line 17

At end insert -

'A1. In section 116(1) (fees) after "Enforcement of Judgments Office" insert "or the Public Guardian".'

Minister of Health, Social Services and Public Safety

Amendment 484 [Made]

Schedule 10, Page 231, Line 11

At end insert -

'(4) In paragraph (4) at the end insert "(and "sentence" includes a hospital direction under Part 10 of the Mental Capacity Act (Northern Ireland) 2016)".

Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

15. In Article 140 (appeals against conviction, sentence etc) after paragraph (2) insert—

"(2ZA) In paragraph (1) "sentence" also includes a hospital direction under Part 10 of the Mental Capacity Act (Northern Ireland) 2016.".'

Minister of Health, Social Services and Public Safety

Amendment 485 [Made]

Schedule 11, Page 234, Column 2

Leave out lines 19 to 34 and insert -

Part 6.

Article 90(1).

Articles 91 to 94.

Article 96.

Minister of Health, Social Services and Public Safety

Amendment 486 [Made]

Schedule 11, Page 234, Column 2

Leave out line 41

Minister of Health, Social Services and Public Safety

Amendment 487 [Made]

Schedule 11, Page 235, Column 2

Leave out line 2 and insert -

Article 128.

In Article 129—

(a) paragraph (3);

(b) in paragraph (7) the words "any police station,".

Minister of Health, Social Services and Public Safety

Amendment 488 [Made]

Schedule 11, Page 235, Column 2

Leave out lines 4 and 5

Minister of Health, Social Services and Public Safety

Amendment 489 [Made]

Schedule 11, Page 235, Column 2

Leave out lines 17 to 28

Minister of Health, Social Services and Public Safety

Assembly and Executive Reform (Assembly Opposition) Bill

Annotated Marshalled List of amendments

Further Consideration Stage

Tuesday 16 February 2016

Amendments tabled up to 9.30am Wednesday, 10 February 2016 and selected for debate.

Amendment 4 [Made]

Clause 2, Page 1, Line 20

After subsection (3) insert -

'; or whose members comprise 8% or more of the total number of members of the Assembly, and which does not contain a member who is a Minister.'

Mr John McCallister

Amendment 5 [Made]

Clause 3, Page 2, Line 4

At end insert -

'(d) the Opposition may also be formed by one or more of the qualifying parties before the 30th June 2016.'

Mr John McCallister

Amendment 6 [Not moved]

New Clause

After Clause 3 insert -

'Leaving the Opposition and joining the Executive

3A. Standing orders shall provide that a member or members may, having previously declined Ministerial office under section 18(2) to (6) of the Northern Ireland Act 1998, leave the Opposition and nominate or be nominated for Ministerial office in accordance with section 18(2) to (6) of the Northern Ireland Act 1998.'

Mr Colum Eastwood

Mr Alex Attwood

Mrs Dolores Kelly

Amendment 7 [Made]

Clause 5, Page 2, Line 15

Leave out paragraph (b)

Mr Danny Kennedy

Mr Robin Swann

Amendment 8 [Negatived on division]

Clause 6, Page 2, Line 25

After 'questions' insert ', oral questions and statements'

Mr Danny Kennedy

Mr Robin Swann

Amendment 9 [Negatived on division]

New Clause

After Clause 9 insert -

'Establishment of Welfare Reform and Measures Committee

9A.—(1) Standing orders must make provision for the establishment of a standing committee, to be known as the Welfare Reform and Measures Committee, which shall—

(a) keep under review the Northern Ireland (Welfare Reform) Act 2015;

(b) keep under review the Welfare Reform and Work Bill 2015;

(c) monitor the implementation of these and the effects on welfare provision in Northern Ireland; and

(d) consider all consequential welfare measures, options for mitigating arrangements and their implementation.

(e) this committee may table a legislative amendment request motion in the Assembly which would specify amendments which the Assembly might ask the Secretary of state to pursue. Such a legislative amendment request motion may address issues arising from the legislative measures named in this Clause or measures in future Westminster Welfare legislation which the committee considers to have implications which the Assembly should seek to influence or avert.

(2) Standing Orders shall provide that the committee is to have powers under section 44 of the Northern Ireland Act 1998 (power to call for witnesses and documents).'

Mr Colum Eastwood

Mr Alex Attwood

Mrs Dolores Kelly

Amendment 10 [Negatived]

New Clause

After Clause 11 insert -

'Private Members' Bills

11A. The Assembly Commission shall report to the Northern Ireland Assembly on the appropriateness of support available for the development of Private Members' Bills at least once every three years.'

Mr John McCallister

Amendment 11 [Made on division]

New Clause

After Clause 11 insert -

'Assembly and Executive Transfer of Responsibilities Motion

11B.—(1) An Assembly and Executive Transfer of Responsibilities Motion is a motion, passed with cross-community support in the Assembly, requesting that the Secretary of State bring forward legislation (being legislation which is beyond the legislative competence of the Assembly), to allow matters to be dealt with as Reserved rather than Excepted matters.

(2) The Schedule makes further provision in respect of the arrangements to be dealt with as Reserved rather than Excepted matters.

(3) Only those arrangements laid out in the Schedule can be contained in the Assembly and Executive Transfer of Responsibilities Motion.

(4) If the Assembly passes an Assembly and Executive Transfer of Responsibilities Motion the Speaker must send a copy of it to the Secretary of State.'

Mr John McCallister

Amendment 12 [Negatived on division]

New Clause

After Clause 11 insert -

'Motion on alleged breaches of the Ministerial Code

11A. A Motion on alleged breaches of the Ministerial Code is a motion, passed by cross-community consent in the Assembly, requesting that the Secretary of State bring forward legislation (being legislation which is beyond the legislative competence of the Assembly) to reform governance in the Executive.'

Mr Steven Agnew

Ms Claire Sugden

Amendment 13 [Not called]

New Clause

After Clause 11 insert -

'Opposition and Institutional Reform Motion

11A.—(1) An Opposition and Institutional Reform Motion is a motion, if passed by the Assembly, requesting that the Secretary of State bring forward legislation (being legislation which deals with excepted matters under the Northern Ireland Act 1998) to reform the Assembly and the Executive.

(2) An Opposition and Institutional Reform Motion shall be passed by cross community vote.

(3) An Opposition and Institutional Reform Motion may be tabled only in relation to those matters detailed in the Schedule.

(4) The Schedule makes further provisions in relation to the content of an Opposition and Institutional Reform Motion.

(5) If the Assembly passes an Opposition and Institutional Reform Motion, the Speaker shall send a copy of the motion to the Secretary of State for Northern Ireland.'

Mr Colum Eastwood

Mr Alex Attwood

Mrs Dolores Kelly

Amendment 14 [Made]

Clause 12, Page 3, Line 19

Leave out 'Reform' and insert 'Transfer of Responsibilities'

Mr John McCallister

Amendment 15 [Not called]

Clause 12, Page 3, Line 19

Leave out 'Assembly and Executive' and insert 'Opposition and Institutional'

Mr Colum Eastwood

Mr Alex Attwood

Mrs Dolores Kelly

Amendment 16 [Not called]

Clause 13, Page 3, Line 28

Leave out from second 'Assembly' to 'Executive' on line 29 and insert 'Opposition and Institutional'

Mr Colum Eastwood

Mr Alex Attwood

Mrs Dolores Kelly

Amendment 17 [Made]

Clause 13, Page 3, Line 29

Leave out 'Reform' and insert 'Transfer of Responsibilities'

Mr John McCallister

Amendment 18 [Made]

Clause 14, Page 4, Line 4

After subsection (2) insert -

'(3) Standing Orders must make provision for an annual debate on the Executive legislative timetable.'

Mr John McCallister

Amendment 19 [Made]

Clause 16, Page 4, Line 15

Leave out 'one month after the day' and insert 'the day after'

Mr John McCallister

Amendment 20 [Made]

New Schedule

After Clause 17 insert -

SCHEDULE

Section 12.

Content of Assembly and Executive Transfer of Responsibilities Motion

Scope of Assembly and Executive Transfer of Responsibilities Motion

1. An Assembly and Executive Transfer of Responsibilities Motion shall include the provisions set out in this Schedule.

Agreement of Programme for Government

2. The motion may request that the arrangements and timeframes for agreeing the terms of the Programme for Government are dealt with as reserved rather than excepted matters.

Mr John McCallister

Amendment 21 [Negatived]

As an amendment to amendment 20

After Clause 17 insert -

'Presiding Officer

The motion may request that the arrangements for election of the Presiding Officer are dealt with as reserved rather than excepted matters.'

Mr John McCallister

Amendment 22 [Not called]

New Schedule

After Clause 17 insert -

SCHEDULE

Section 11A.

Procedure for investigation of alleged breaches of Ministerial Code

Procedure for investigation of alleged breaches of Ministerial Code

1. The motion may request that procedures be established for the submission of complaints of breaches of the Ministerial Code, and for the investigation of those complaints.

2. The motion may request that as soon as practicable after an investigation of a complaint of a breach of the Ministerial Code is completed, a report on that investigation must be published.

Mr Steven Agnew

Ms Claire Sugden

Amendment 23 [Not called]

New Schedule

After Clause 17 insert -

SCHEDULE

Section 11A.

Content of Opposition and Institutional Reform Motion

Scope of Opposition and Institutional Reform Motion

1. An Opposition and Institutional Reform Motion may include the provisions set out in this Schedule.

Content of Opposition and Institutional Reform Motion

2. An Opposition and Institutional Reform Motion shall be limited to the provisions set out in this Schedule.

Election of First Ministers and deputy First Minister

3. The motion may request that the Assembly shall elect from among its members the First Minister and deputy First Minister, (or joint First Ministers), standing for election jointly, with the support of a majority of the designated Nationalists voting, a majority of the designated Unionists voting and a majority of Assembly members voting.

Mr Colum Eastwood

Mr Alex Attwood

Mrs Dolores Kelly

Mr Robin Swann

Mr Danny Kennedy

Amendment 24 [Not called]

As an amendment to amendment 23

After paragraph 3 insert -

'Programme for Government

3A. A motion may request that political parties are required to establish a programme for government before a member takes up Ministerial office under section 18 of the Northern Ireland Act 1998 and not later than 2 weeks after the election of a new Assembly.'

Mr Colum Eastwood

Mr Alex Attwood

Mrs Dolores Kelly

Amendment 25 [Not called]

As an amendment to amendment 23

After paragraph 3 insert -

'Leaving the Opposition to join the Executive

3B. The motion may request that a member may leave the Opposition and be nominated for Ministerial office in accordance with section 18(2) to (6) of the Northern Ireland Act 1998.'

Mr Colum Eastwood

Mr Alex Attwood

Mrs Dolores Kelly

Amendment 26 [Not called]

As an amendment to amendment 23

After paragraph 3 insert -

'Election of Ministers

3C. The motion may request that all Ministers in charge of the Northern Ireland Departments shall be nominated under the provisions of section 18 of the Northern Ireland Act 1998.'

Mr Colum Eastwood

Mr Alex Attwood

Mrs Dolores Kelly

Amendment 27 [Not called]

As an amendment to amendment 23

After paragraph 3 insert -

'Function of Statutory Committees

3D. The motion may request that the functions of statutory committees are to scrutinise Ministers, to propose legislation and to advise and assist Ministers in the formulation of policy.'

Mr Colum Eastwood

Mr Alex Attwood

Mrs Dolores Kelly

amendment 28 [Not called]

As an amendment to amendment 23

After paragraph 3 insert -

'Leaving the Opposition and re-joining the Executive

3E. The motion may request that a member may leave the Opposition and be nominated for Ministerial office in accordance with section 18(2) to (6) of the Northern Ireland Act 1998.'

Mr Colum Eastwood

Mr Alex Attwood

Mrs Dolores Kelly

Amendment LT1 [Made on division]

Long Title

At beginning insert -

'A

B i l l

to

Provide for the formation of an Assembly Opposition; to provide for the passing of an Assembly and Executive Transfer of Responsibilities Motion; and to reform the Assembly and the Executive.'

Mr John McCallister

Amendment LT2 [Not called]

Long Title

At beginning insert -

'A

B i l l

to

Provide for the formation of an Assembly Opposition; and to reform the Assembly and the Executive.'

Mr John McCallister

amendment LT3 [Not called]

Long Title

At beginning insert -

'A

B i l l

to

Provide for the formation of an Assembly opposition; to provide for an Opposition and Institutional Reform Motion; and to allow reform of the Institutions of the Assembly and the Executive.'

Mr Colum Eastwood

Mr Alex Attwood

Mrs Dolores Kelly

Papers Presented to the Assembly on
16 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

5. Assembly Reports

Report on the Licensing Bill (NIA Bill 69/11-16) (NIA 296/11-16) (Committee for Social Development).

6. Statutory Rules

S.R. 2016/000 (Draft) The Violent Offences Prevention Order (Notification Requirements) Regulations (Northern Ireland) 2016 (DOJ).

For Information Only

S.R. 2016/45 The Prohibition of Right-Hand Turn (Portadown) Order (Northern Ireland) 2016 (DRD).

7. Written Ministerial Statements

8. Consultation Documents

Consultation on Options for future support to Areas of Natural Constraint (DARD).

Consultation on Designation of Areas of Natural Constraint (DARD).

Consultation on Review of CAP Coupled Support Options (DARD).

9. Departmental Publications

2014/2015 Final Outturn Report (DFP).

10. Agency Publications

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 17 February 2016

2011-2016 Mandate
Executive Bills

2011-2016 Mandate
Non-Executive Bills

/ Bill progressing by accelerated passage

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