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 22 February 2016

The Speaker informed the Assembly that the Further Consideration Stage of the Employment Bill (NIA Bill 73/11-16), suspended on Monday 22 February 2016, would resume.

3. Executive Committee Business

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

A valid Petition of Concern, under Standing Order 28, was presented in relation to amendments 26 and 27, on Monday 22 February 2016 (Appendix 1).

Clauses

After debate, amendment 26 to Clause 26 was negatived on division by a cross-community vote (Division 1).

After debate, amendment 27 to Schedule 3 was negatived on division by a cross-community vote (Division 2).

After debate, amendment 28 to the Long Title was made without division.

After debate, amendment 29 to the Long Title was made without division.

The Employment Bill (NIA Bill 73/11-16) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

3.2 Consideration Stage – Fisheries Bill (NIA Bill 74/11-16)

The Minister of Agriculture and Rural Development, Mrs Michelle O'Neill, moved the Consideration Stage of the Fisheries Bill (NIA Bill 74/11-16).

Three amendments were tabled to the Bill, as well as the Minister's intention to oppose the question that Clauses 1 to 5 and 7 to 18 stand part.

Clauses

The question being put, it was negatived without division that Clauses 1 to 5 stand part of the Bill.

After debate, amendment 1 to Clause 6 was made without division.

After debate, amendment 2 to Clause 6 was made without division.

After debate, amendment 3 to Clause 6 was made without division.

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

The question being put, it was negatived without division that Clauses 7 to 18 stand part of the Bill.

The question being put, it was agreed without division that Clause 19 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 Fisheries Bill (NIA Bill 74/11-16) stood referred to the Speaker.

3.3 Consideration Stage – Houses in Multiple Occupation Bill (NIA Bill 60/11-16)

The Minister for Social Development, the Lord Morrow of Clogher Valley, moved the Consideration Stage of the Houses in Multiple Occupation Bill (NIA Bill 60/11-16).

53 amendments were tabled to the Bill, as well as the Minister's intention to oppose the question that Clause 83 stand part.

Clauses

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

After debate, amendment 1 to Clause 3 was made without division.

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

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

The question being put, it was agreed without division that Clauses 4 to 8 stand part of the Bill.

After debate, amendment 3 to Clause 9 was made without division.

After debate, amendment 4 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 5 to Clause 10 was made without division.

After debate, amendment 6 to Clause 10 was made without division.

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

The question being put, it was agreed without division that Clauses 11 to 17 stand part of the Bill.

After debate, amendment 7 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 Clause 19 stand part of the Bill.

After debate, amendment 8 to Clause 20 was made without division.

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

After debate, amendment 9 to Clause 21 was made without division.

After debate, amendment 10 to Clause 21 was made without division.

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

After debate, amendment 12 to Clause 21 was made without division.

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

The question being put, it was agreed without division that Clauses 22 to 25 stand part of the Bill.

After debate, amendment 13 to Clause 26 was made without division.

After debate, amendment 14 to Clause 26 was made without division.

After debate, amendment 15 to Clause 26 was made without division.

After debate, amendment 16 to Clause 26 was made without division.

After debate, amendment 17 to Clause 26 was made without division.

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

After debate, amendment 19 to Clause 26 was made without division.

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

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

After debate, amendment 20 to Clause 28 was made without division.

After debate, amendment 21 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.

After debate, amendment 22 to Clause 29 was made without division.

After debate, amendment 23 to Clause 29 was made without division.

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

The question being put, it was agreed without division that Clauses 30 to 32 stand part of the Bill.

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

After debate, amendment 25 to Clause 33 was made without division.

After debate, amendment 26 to Clause 33 was made without division.

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

The question being put, it was agreed without division that Clauses 34 to 61 stand part of the Bill.

After debate, amendment 27 to Clause 62 was made without division.

After debate, amendment 28 to Clause 62 was made without division.

After debate, amendment 29 to Clause 62 was made without division.

After debate, amendment 30 to Clause 62 was made without division.

After debate, amendment 31 to Clause 62 was made without division.

The question being put, it was agreed without division that Clause 62 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 63 to 66 stand part of the Bill.

After debate, amendment 32 to Clause 67 was made without division.

The question being put, it was agreed without division that Clause 67 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 68 to 73 stand part of the Bill.

After debate, amendment 33 inserting a new Clause 73A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 34 to Clause 74 was made without division.

The question being put, it was agreed without division that Clause 74 as amended stand part of the Bill.

After debate, amendment 35 to Clause 75 was made without division.

The question being put, it was agreed without division that Clause 75 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 76 and 77 stand part of the Bill.

After debate, amendment 36 to Clause 78 was made without division.

After debate, amendment 37 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 82 stand part of the Bill.

After debate, the question that Clause 83 stand part of the bill was negatived without division.

The question being put, it was agreed without division that Clauses 84 and 85 stand part of the Bill.

After debate, amendment 38 to Clause 86 was made without division.

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

After debate, amendment 39 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, amendment 40 to Clause 88 was made without division.

After debate, amendment 41 to Clause 88 was made without division.

After debate, amendment 42 to Clause 88 was made without division.

After debate, amendment 43 to Clause 88 was made without division.

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

The question being put, it was agreed without division that Clauses 89 to 91 stand part of the Bill.

After debate, amendment 44 to Schedule 1 was made without division.

After debate, amendment 45 to Schedule 1 was made without division.

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

After debate, amendment 46 to Schedule 2 was made without division.

After debate, amendment 47 to Schedule 2 was made without division.

After debate, amendment 48 to Schedule 2 was made without division.

After debate, amendment 49 to Schedule 2 was made without division.

After debate, amendment 50 to Schedule 2 was made without division.

After debate, amendment 51 to Schedule 2 was made without division.

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

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

After debate, amendment 52 to Schedule 4 was 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 53 to Schedule 5 was made without division.

The question being put, it was agreed without division that Schedule 5 as amended stand part of the Bill.

The question being put, it was agreed without division that Schedules 6 to 8 stand part of the Bill.

Long Title

The question being put, the Long Title was agreed without division.

The Houses in Multiple Occupation Bill (NIA Bill 60/11-16) stood referred to the Speaker.

The sitting was suspended at 1.04pm.

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

4. Question Time

4.1 Social Development

Questions were put to, and answered by, the Minister for Social Development, the Lord Morrow of Clogher Valley.

4.2 Agriculture and Rural Development

Questions were put to, and answered by, the Minister of Agriculture and Rural Development, Mrs Michelle O'Neill.

The Speaker in the Chair.

5. Executive Committee Business (cont'd)

5.1 Final Stage – Housing (Amendment) Bill (NIA Bill 58/11-16)

The Minister for Social Development, the Lord Morrow of Clogher Valley, moved that the Final Stage of the Housing (Amendment) Bill (NIA Bill 58/11-16) do now pass.

Debate ensued.

The Housing (Amendment) Bill (NIA Bill 58/11-16) passed Final Stage.

5.2 Motion – The Draft Charities Act 2008 (Designated Religious Charities) Order (Northern Ireland) 2016

Proposed:

That the draft Charities Act 2008 (Designated Religious Charities) Order (Northern Ireland) 2016 be approved.

Minister for Social Development

Debate ensued.

The Question being put, the Motion on the draft Charities Act 2008 (Designated Religious Charities) Order (Northern Ireland) 2016 was carried without division.

5.3 Further Consideration Stage – Shared Education Bill (NIA Bill 66/11-16)

The Minister of Education, Mr John O'Dowd, moved the Further Consideration Stage of the Shared Education Bill (NIA Bill 66/11-16).

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

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

Clauses

After debate, amendment 1, inserting a new clause before Clause 1, was made without division and it was agreed that the new clause stand part of the Bill.

After debate, amendment 2 was not moved.

After debate, amendment 3 to Clause 1 was negatived without division.

After debate, amendment 4 to Clause 1 was made without division.

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

After debate, amendment 6 to Clause 1 was made without division.

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

After debate, amendment 8 to Clause 2 was negatived without division.

After debate, amendment 9 to Clause 3 was made without division.

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

After debate, amendment 11 was not moved.

After debate, amendment 12 to Clause 6 was made without division.

After debate, amendment 13 to Clause 6 was made without division.

After debate, amendment 14, inserting a new Clause 7A, was made without division and it was agreed that the new clause stand part of the Bill.

The Shared Education Bill (NIA Bill NIA 66/11-16) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

5.4 Final Stage – Assembly Members (Reduction of Numbers) Bill (NIA Bill 76/11-16)

The junior Minister, Mrs Emma Pengelly, moved that the Final Stage of the Assembly Members (Reduction of Numbers) Bill (NIA Bill 76/11-16) do now pass.

Debate ensued.

The Assembly Members (Reduction of Numbers) Bill (NIA Bill 76/11-16) passed Final Stage with cross-community support nemine contradicente.

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

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

Debate ensued.

The Deputy Speaker (Mr Dallat) in the Chair.

The Budget Bill (NIA Bill 77/11-16) passed Final Stage on a cross-community vote (Division 3).

6. Adjournment

Proposed:

That the Assembly do now adjourn.

The Deputy Speaker (Mr Dallat)

The Assembly adjourned at 8.06pm.

Mr Mitchel McLaughlin
The Speaker

23 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 22 February 2016, in relation to amendments 26 and 27 of the Further Consideration Stage of the Employment Bill (NIA Bill 73/11-16):

MR MARTIN MCGUINNESS

MR JOHN O'DOWD

MRS MICHELLE O'NEILL

MS CARÁL NÍ CHUILÍN

MS JENNIFER MCCANN

MR CATHAL BOYLAN

MR CHRIS HAZZARD

MS CAITRÍONA RUANE

MR PHIL FLANAGAN

MR MÁIRTÍN Ó MUILLEOIR

MR GERRY KELLY

MR SEÁN LYNCH

MR DECLAN MCALEER

MR FRA MCCANN

MR RAYMOND MCCARTNEY

MS ROSIE MCCORLEY

MR BARRY MCELDUFF

MS BRONWYN MCGAHAN

MR DAITHÍ MCKAY

MS MAEVE MCLAUGHLIN

MR IAN MILNE

MR CONOR MURPHY

MR OLIVER MCMULLAN

MR ALEX MASKEY

MR CATHAL Ó HOISÍN

MS MEGAN FEARON

MR ALEX ATTWOOD

MRS KAREN MCKEVITT

MR GERARD DIVER

MR FEARGHAL MCKINNEY

MR SEÁN ROGERS

MR PATSY MCGLONE

MR DANIEL MCCROSSAN

23 February 2016
Division 1

Further Consideration Stage – Employment Bill (NIA Bill 73/11-16) (Amendment 26)

The Question was put and the Assembly divided.

Ayes: 45
Noes: 32

AYES

UNIONIST

Mr Allen, Mr Allister, Mr Anderson, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Cochrane-Watson, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Frew, Mr Gardiner, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Lyons, Mr McCallister, Mr I McCrea, Miss M McIlveen, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Patterson, Mrs Pengelly, Mr Ross, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells

OTHER

Mr Agnew, Mrs Cochrane, Mr Dickson, Dr Farry, Ms Lo, Mr McCarthy

Tellers for the Ayes: Mrs Overend, Mr Patterson

NOES

NATIONALIST

Mr Attwood, Mr Boylan, Mr Diver, Mr Eastwood, Ms Fearon, Mr Flanagan, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr McGlone, Mr McKay, Mrs McKevitt, Mr McKinney, 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 Noes: Mr Flanagan, Ms McGahan

Total Votes 77 Total Ayes 45 [58.4%]

Nationalist Votes 32 Nationalist Ayes 0 [0.0%]

Unionist Votes 39 Unionist Ayes 39 [100.0%]

Other Votes 6 Other Ayes 6 [100.0%]

Amendment 26 was negatived on a cross-community vote.

23 February 2016
Division 2

Further Consideration Stage – Employment Bill (NIA Bill 73/11-16) (Amendment 27)

The Question was put and the Assembly divided.

Ayes: 46
Noes: 33

AYES

UNIONIST

Mr Allen, Mr Allister, Mr Anderson, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Cochrane-Watson, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Frew, Mr Gardiner, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Lyons, Mr McCallister, Mr I McCrea, Miss M McIlveen, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Patterson, Mrs Pengelly, Mr Ross, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells

OTHER

Mr Agnew, Mrs Cochrane, Mr Dickson, Dr Farry, Ms Lo, Mr Lyttle, Mr McCarthy

Tellers for the Ayes: Mrs Overend, Mr Patterson

NOES

NATIONALIST

Mr Attwood, Mr Boylan, Mr Diver, Mr Eastwood, Ms Fearon, Mr Flanagan, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr McGlone, 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 Noes: Mr Flanagan, Mr F McCann

Total Votes 79 Total Ayes 46 [58.2%]

Nationalist Votes 33 Nationalist Ayes 0 [0.0%]

Unionist Votes 39 Unionist Ayes 39 [100.0%]

Other Votes 7 Other Ayes 7 [100.0%]

Amendment 27 was negatived on a cross-community vote.

23 February 2016
Division 3

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

The Question was put and the Assembly divided.

Ayes: 61
Noes: 26

AYES

NATIONALIST

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

UNIONIST

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

OTHER

Mr Dickson, Dr Farry

Tellers for the Ayes: Mr Mc Quillan, Mr G Robinson

NOES

NATIONALIST

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

UNIONIST

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

Tellers for the Noes: Mr Cree, Mr McCrossan

Total Votes 87 Total Ayes 61 [70.1%]

Nationalist Votes 37 Nationalist Ayes 27 [73.0%]

Unionist Votes 48 Unionist Ayes 32 [66.7%]

Other Votes 2 Other Ayes 2 [100.0%]

The Motion was carried on a cross-community vote.

Employment Bill

Annotated Marshalled List of Amendments

Further Consideration Stage

Monday 22 and Tuesday 23 February 2016

Amendments tabled up to 9.30am Wednesday, 17 February 2016 and selected for debate.

Amendment 1 [Made]

Clause 9, Page 9, Line 9

Leave out from 'dealt' to end of line 10 and insert 'of cases dealt with by early conciliation, the average length of time taken to deal with cases and the outcome of cases;'

Chair, Committee for Employment and Learning

Amendment 2 [Made]

New Clause

After Clause 9 insert -

'Review of section 8: Assessment of matters relating to tribunal proceedings

9A.—(1) The Department must review the operation of section 8 at the end of the period of one year beginning with the commencement of that section.

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

(3) The report shall in particular include—

(a) a synopsis of consultation responses;

(b) an assessment and evaluation of the effectiveness of section 8;

(c) the number of cases overall, the number dealt with in accordance with regulations under section 8, the average length of time taken to deal with cases and the outcomes of the cases;

(d) any savings directly attributable to the introduction of regulations under section 8.

(4) The Department shall also review and report as in subsections (2) and (3) at the end of the period of three years beginning with the coming into operation of section 8.'

Chair, Committee for Employment and Learning

Amendment 3 [Made]

New Clause

After Clause 16 insert -

'Zero hours workers

16A. After Article 59 of the Employment Rights (Northern Ireland) Order 1996 (meaning of "wages" etc.) insert—

"PART iVA

Zero hours workers

Zero hours workers

59A.—(1) The Department may by regulations make such provision as the Department considers appropriate for the purpose of preventing abuses arising out of or in connection with the use of—

(a) zero hours contracts;

(b) non-contractual zero hours arrangements; or

(c) worker's contracts of a kind specified by the regulations.

(2) In this Article—

"non-contractual zero hours arrangement" means an arrangement other than a worker's contract under which—

(a) an employer and an individual agree terms on which the individual will do any work where the employer makes it available to the individual and the individual agrees to do it, but

(b) the employer is not required to make any work available to the individual, nor the individual required to accept it;

and in this Article "employer", in relation to a non-contractual zero hours arrangement, is to be read accordingly;

"zero hours contract" means a contract of employment or other worker's contract under which—

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

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

(3) For the purposes of this Article—

(a) an employer makes work available to a worker if the employer requests or requires the worker to do the work; and

(b) references to work and doing work include references to services and performing them.

(4) The worker's contracts which may be specified under paragraph (1)(c) are those in relation to which the Department considers it appropriate for provision made by the regulations to apply, having regard, in particular, to provision made by the worker's contracts as to income, rate of pay or working hours.

(5) Regulations under this Article may amend or repeal any statutory provision (including paragraphs (2) to (4)).".'

Ms Anna Lo

Mr Stewart Dickson

Amendment 4 [Made]

New Clause

After Clause 16 insert -

'Gender pay and disclosure of information

Gender pay gap information

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

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

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

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

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

(4) The Department may prescribe by regulations a limit to the total number of employees and workers in an organisation below which this section does not apply.

(5) Regulations under subsection (4) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(6) The regulations must prescribe—

(a) descriptions of employer;

(b) descriptions of employee;

(c) how to calculate the number of employees that an employer has;

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

(e) descriptions of information;

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

(i) ethnicity, and

(ii) disability;

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

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

(7) The first regulations under this section must be made by 30 June 2017.

(8) Regulations under subsection (6)(g) may not require an employer, after the first publication of information, to publish information more frequently than at intervals of 12 months or less frequently than at intervals of 36 months.

(9) The regulations shall make provision for a failure to comply with the regulations—

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

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

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

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

(12) For the purposes of this section, the 'Department' means the Office of the First Minister and deputy First Minister.'

Ms Bronwyn McGahan

Mr Phil Flanagan

Mr Fra McCann

Ms Megan Fearon

Amendment 5 [Not called]

New Clause

After Clause 16 insert -

'Zero hours contract

16A.—(1) Zero hours contracts means a contract of employment or other worker's contract under which—

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

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

(2) For the purposes of subsection (1) the Department may by regulations vary the definition.

(3) Regulations under subsection (2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 6 [Negatived on division]

New Clause

After Clause 16 insert -

'Contract information

16B.—(1) Employers shall be required to give notice in writing of the minimum hours of their workers' employment.

(2) The notice shall be given before the commencement of the contract. If it is given orally, it must be given in writing within seven days from the commencement of the contract.

(3) The requirement under this section is without prejudice to the obligations of employers in respect of employees under section 33 of the Employment Rights (Northern Ireland) Order 1996.

(4) A worker who does not receive a notice under subsection (1) shall be regarded for the purposes of this Act as if he or she were a zero hours contract worker.

(5) In complying with the duty under section 33 of the Employment Rights (Northern Ireland) Order 1996, an employer may refer to any document issued under subsection (1).'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 7 [Negatived]

New Clause

After Clause 16 insert -

'Equal treatment

16C.—(1) Employers shall be required to treat zero hours contract workers on the same basis as comparable workers engaged by their employer on fixed and regular working hours contracts.

(2) The requirement of equal treatment shall be an implied term of any contract between a zero hours contract worker and his or her employer, and the implied term shall apply to all matters relating to terms and conditions of employment.

(3) A comparable worker is a worker selected by the zero hours contract worker on the grounds that the worker in question is engaged on the same or broadly similar work having regard, where relevant, to whether the worker selected has a similar level of qualification and skills.

(4) For the avoidance of doubt, subsection (2) applies to the overtime rates payable when the worker exceeds the minimum hours of work under the terms of his or her contract.

(5) Subsection (2) shall not apply to the allocation of working time.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 8 [Negatived]

New Clause

After Clause 16 insert -

'Reasonable notice

16D.—(1) The Department must by regulations require employers to give zero hours contract workers reasonable notice of—

(a) any request or requirement to undertake a period of employment; and

(b) any cancellation of a period of employment already agreed.

(2) A period of notice shall not be reasonable if given less than 72 hours before the period of employment referred to in subsection (1).'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 9 [Negatived]

As an amendment to amendment 8

At end insert -

'(3) If a zero hours contract worker accepts employment offered contrary to the requirements of subsections (1) and (2), the employer shall be required to pay the zero hours contract worker at a rate of 150% of the rate they would normally be paid for the period in question.

(4) An employer who has cancelled a period of employment of a zero hours contract worker contrary to the requirements of subsections (1) and (2) shall be required to pay the zero hours contract worker for the period of employment in question, even though no work has been done.

(5) For the purposes of subsection (4), the amount of payment shall be made up of—

(a) the payment the zero hours contract worker would normally be paid by his or her employer for the period in question; and

(b) a sum equivalent to any other monetary loss incurred as a result of the cancellation.''.

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 10 [Negatived]

New Clause

After Clause 16 insert -

'Requests for fixed and regular employment

16E.—(1) There shall be a duty on employers to consider at any time a request by a zero hours contract worker for fixed and regular working hours unless a request has been made in the previous 12 weeks.

(2) An employer to whom a request under subsection (1) is made shall deal with the application within ten working days.

(3) In considering a request, the employer shall give overriding consideration to the interest of the worker in having fixed and regular working hours.

(4) An application by a worker under this section shall be refused only where there are compelling business reasons to do so.

(5) The employer's desire to use zero hours contracts is not a compelling business reason for using such contracts.

(6) An application shall be treated as having been refused if the provisions of subsection (2) have not been complied with.

(7) A zero hours contract worker whose request under subsection (1) has been refused may make an application to an employment tribunal.

(8) An employment tribunal shall not consider a complaint under this section unless it is presented—

(a) before the end of the period of three months commencing ten working days after the application for fixed and regular employment was made, or

(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(9) Where an employment tribunal finds a complaint under subsection (7) well founded it shall make a declaration to that effect and may—

(a) make an order for reconsideration of the application, or

(b) make an order that the application has been successful and make an award of compensation to be paid by the employer to the worker.

(10) The amount of compensation under subsection (9) shall be such amount, not exceeding the permitted maximum, as the tribunal considers just and equitable in all the circumstances.

(11) For the purposes of subsection (10), the permitted maximum is such number of weeks' pay as the Department may specify by regulations.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 11 [Negatived]

New Clause

After Clause 16 insert -

'Fixed and regular employment

16F.—(1) There shall be a duty on employers who have continuously employed a zero hours contract worker for a period of 12 weeks to offer the zero hours contract worker fixed and regular working hours contract from the date commencing 12 weeks from his or her first engagement with his or her employer.

(2) Where a zero hours contract worker has not been continuously employed for a period of 12 weeks, there shall be a duty on employers to offer a fixed and regular working hours contract to any such zero hours contract worker who has been employed in at least 12 of the preceding 26 weeks (the reference period).

(3) For the purposes of subsection (1) and (2) the Department must by regulations make provision to establish—

(a) a rate of pay;

(b) a minimum period of hours; and

(c) any other relevant terms and conditions of employment.

(4) The Department must by regulations provide for a zero hours contract worker to make an application to an employment tribunal where a fixed and regular contract under this section is not offered.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 12 [Negatived on division]

New Clause

After Clause 16 insert -

'Prohibition of exclusivity clauses

16G.—(1) Any term or understanding, written or oral, of a contract or engagement (whether express or implied, and whether formal or informal) that requires a zero hours contract worker to work exclusively for one employer shall be void.

(2) The provisions of subsection (1) shall not apply where the employer can demonstrate a compelling business reason, such as confidentiality or the protection of trade secrets, to justify a contractual requirement that the zero hours contract worker shall work exclusively for the employer in question.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 13 [Negatived]

New Clause

After Clause 16 insert -

'Detriment

16H.—(1) It shall be unlawful for an employer to subject a zero hours contract worker to a detriment by any act or any deliberate failure to act on the ground that the zero hours contract worker—

(a) is or has been a zero hours contract worker; or

(b) any other condition prescribed by the Department.

(2) A zero hours contract worker may present a complaint to an employment tribunal that he or she has been subjected to a detriment in contravention of subsection (1).'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 14 [Negatived]

New Clause

After Clause 16 insert -

'Unfair dismissal

16I. The dismissal of an employee shall be unfair for the purposes of The Employment Rights (Northern Ireland) Order 1996 if the reason or principal reason for the dismissal is that the employee—

(a) is or has been a zero hours contract worker; or

(b) any other condition prescribed by the Department.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 15 [Not moved]

New Clause

After Clause 16 insert -

'Continuously employed

16J.—(1) References in this Act to a period of continuous employment are to a period computed in accordance with Chapter III of The Employment Rights (Northern Ireland) Order 1996.

(2) This is subject to the proviso that the words "employee" and "employer" as they appear in Chapter II of The Employment Rights (Northern Ireland) Order 1996 are substituted by the words "worker" and "employer", as these terms are defined in this Order.

(3) In section 8 of The Employment Rights (Northern Ireland) Order 1996 (weeks counted in computing period), after subsection (4) insert—

"(5) In the case of an employee who is engaged by an employer on a zero hours contract or contracts, any week in which work is performed shall count in computing the worker's period of employment.

(6) In the case of an employee who is engaged by an employer on a zero hours contract or contracts, any week in which work is not provided by the employer shall be treated as a week falling within subsection (3)(c).

(7) For the purposes of subsections (5) and (6), the terms worker and zero hours contract have the same meaning as in the Employment Act 2016.".'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 16 [Negatived]

New Clause

After Clause 16 insert -

'Proportion of zero hour contracts

16K.—(1) The Department must by regulations set a limit on the number of zero hours contract workers as a proportion of the total number of those employed by an employer.

(2) Regulations under subsection (1) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 17 [Not moved]

New Clause

After Clause 16 insert -

'Interpretation for zero hours provisions

16L.—(1) A person is employed for the purposes of this Act if he or she is engaged by another to provide labour and is not genuinely operating a business on his or her own account.

(2) For the avoidance of doubt, a zero hours contract worker shall be regarded as being employed by an employer on days on which—

(a) he or she works for that employer, and

(b) he or she does not work for that employer

(3) It shall be for the respondent to show in any legal proceedings that the applicant is not employed.

(4) A person is an employer for the purposes of this Act if he or she engages another to provide labour, and the person engaged is not genuinely operating a business on his or her own account.

(5) A fixed and regular working hours contract is a contract that specifies working hours, and does not require the worker to be available for work for a period that exceeds by 20% the minimum hours specified in the contract.

(6) A worker is a person who is employed.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 18 [Negatived]

New Clause

After Clause 16 insert -

'Living Wage Agency

16A. The Department must, by 1 November 2017, establish an unincorporated body of persons known as "the Living Wage Agency" for the purpose of measuring, researching and advancing a living wage.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 19 [Not called]

New Clause

After Clause 16 insert -

'Reporting

16B.—(1) The Living Wage Agency shall, on an annual basis, publish a report, in which it shall—

(a) determine what single hourly rate shall be deemed to be a living wage, which is to be calculated based on the minimum income standard;

(b) identify barriers that impede employers within sectors from paying
the living wage;

(c) bring forward recommendations to address the barriers identified in subsection (b);

(d) bring forward recommendations to reduce the proportion of employees and workers paid less than the living wage;

(e) set targets to reduce the proportion of employees and workers paid less than the living wage;

(f) monitor progress in reducing the proportion of employees and workers paid less than the living wage; and

(g) undertake any other related matters as the Department shall determine.

(2) The minimum income standard is the income that people need in order to reach a minimum socially acceptable standard of living.

(3) The Living Wage Agency shall determine how the minimum income standard is to be calculated.

(4) Before arriving at the recommendations to be included in their report, the Living Wage Agency shall consult—

(a) such organisations representative of employers as they think fit;

(b) such organisations representative of workers as they think fit; and

(c) if they think fit, any other body or person.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 20 [Not called]

New Clause

After Clause 16 insert -

'Membership

16C—(1) The Living Wage Agency shall consist of a chairperson and members appointed by the Minister.

(2) In appointing members, the Minister shall have regard to the desirability of securing that there is such a balance as the Minister considers appropriate between—

(a) members with knowledge or experience of, or interest in, trade unions or matters relating to workers generally;

(b) members with knowledge or experience of, or interest in, employers' associations or matters relating to employers generally;

(c) members with expertise in labour market analysis; and

(d) members with other relevant knowledge or experience.

(3) Members shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.

(4) A member may resign his or her membership by giving notice to the Minister.

(5) A person who ceases to be a member shall be eligible for re-appointment.

(6) The Minister may by notice to the member concerned remove from office a member who is in the opinion of the Minister unable or unfit to perform his duties as member.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 21 [Not called]

New Clause

After Clause 16 insert -

'Operational considerations

16D. The Minister shall provide the Living Wage Agency with—

(a) such staff from within the Department,

(b) such accommodation, equipment and other facilities, and

(c) such sums,

as the Minister may reasonably determine are required by the Living Wage Agency for carrying out their duties in preparing any report on matters referred to them under this Act.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 22 [Not called]

New Clause

After Clause 16 insert -

'Remuneration

16E. The Minister may pay the members of the Living Wage Agency such allowances in respect of travel or other expenses properly incurred by them, or in respect of loss of remuneration sustained by them, in the performance of their duties, as the Minister may determine.'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 23 [Negatived on Division]

New Clause

After Clause 16 insert -

'Blacklists

16A.—(1) Article 5 of the Employment Relations (Northern Ireland) Order 1999 is amended as follows.

(2) Leave out subsection (4) and insert—

"(4) Regulations under this Article shall create an offence, which shall provide for it to be punishable—

(a) by a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 6 months, or both, in the case of an offence triable only summarily;

(b) by a fine or imprisonment for a term not exceeding 3 years, or both, in the case of summary conviction for an offence triable either on indictment or summarily.

(4A) The first regulations under this subsection must be made by 31 December 2017.".'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 24 [Made]

Clause 21, Page 14, Line 37

After 'Article' insert '59A or'

Ms Anna Lo

Mr Stewart Dickson

Amendment 25 [Made]

Clause 25, Page 16, Line 10

After 'Act' insert ', except in section (Gender pay and disclosure of information),'

Ms Bronwyn McGahan

Mr Phil Flanagan

Mr Fra McCann

Ms Megan Fearon

Amendment 26 [Negatived on division on cross-community vote]

Clause 26, Page 16, Line 14

At end insert -

'(1A) The repeal of Article 71 of the Fair Employment and Treatment (Northern Ireland) Order 1998 as set out in Schedule 3 comes into operation one year after this Act receives Royal Assent.'

Mrs Sandra Overend

Mr Danny Kennedy [R]

Amendment 27 [Negatived on division on cross-community vote]

Schedule 3, Page 25, Line 23, Column 2

At end insert -

'

Article 71.

'

Mrs Sandra Overend

Mr Danny Kennedy [R]

Amendment 28 [Made]

Long Title

After 'disclosure;' insert -

'to make provision for disclosure of gender pay information;'

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Amendment 29 [Made]

Long Title

After 'disclosure;' insert -

'to make provision for zero hours contracts; '

Mr Phil Flanagan

Ms Bronwyn McGahan

Mr Fra McCann

Fisheries Bill

Annotated Marshalled List of Amendments

Consideration Stage

Tuesday 23 February 2016

Amendments tabled up to 9.30am Wednesday, 17 February 2016 and selected for debate.

The Bill will be considered in the following order

Clauses, Schedules and Long Title

Clause 1 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 1 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 2 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 2 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 3 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 3 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 4 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 4 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 5 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 5 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Amendment 1 [Made]

Clause 6, Page 8, Line 17

Leave out second 'boat' and insert 'vessel'

Minister of Agriculture and Rural Development

Amendment 2 [Made]

Clause 6, Page 8, Line 18

Leave out 'United Kingdom under Part 2' and insert 'register maintained under section 8'

Minister of Agriculture and Rural Development

Amendment 3 [Made]

Clause 6, Page 8, Line 20

Leave out 'boat' and insert 'vessel'

Minister of Agriculture and Rural Development

Clause 7 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 7 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 8 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 8 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 9 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 9 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 10 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 10 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 11 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 11 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 12 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 12 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 13 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 13 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 14 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 14 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 15 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 15 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 16 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 16 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 17 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 17 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Clause 18 [Question that clause stand part negatived without division]

The Minister of Agriculture and Rural Development gives notice of her intention to oppose the question that Clause 18 stand part of the Bill.

Minister of Agriculture and Rural Development

Chair, Committee for Agriculture and Rural Development

Houses in Multiple Occupation Bill

Annotated Marshalled List of Amendments

Consideration Stage

Tuesday 23 February 2016

Amendments tabled up to 9.30am Wednesday, 17 February 2016 and selected for debate.

The Bill will be considered in the following order

Clauses, Schedules and Long Title

Amendment 1 [Made]

Clause 3, Page 2, Line 35

After 'residence' insert 'there'

Minister for Social Development

Amendment 2 [Made]

Clause 3, Page 2, Line 36

At end insert -

'(2A) A person who occupies living accommodation for the purpose of engaging in seasonal work is to be treated, at all times during that person's residence there, as occupying that accommodation as the person's only or main residence.'

Minister for Social Development

Amendment 3 [Made]

Clause 9, Page 6, Line 37

Leave out paragraph (b)

Minister for Social Development

Amendment 4 [Made]

Clause 9, Page 6, Line 39

Leave out 'and (i)'

Minister for Social Development

Amendment 5 [Made]

Clause 10, Page 7, Line 34

Leave out from 'living' to end of line 35 and insert 'relevant living accommodation whilst in the accommodation, or'

Minister for Social Development

Amendment 6 [Made]

Clause 10, Page 7, Line 37

Leave out subsection (7) and insert -

'(7) In subsection (6)—

"anti-social behaviour" means—

(i) acting or threatening to act in a manner causing or likely to cause a nuisance or annoyance to a person residing in, visiting or otherwise engaging in a lawful activity in residential premises or in the locality of such premises, or

(ii) using or threatening to use residential premises for immoral or illegal purposes;

"relevant living accommodation" means living accommodation of which P is or was the owner or managing agent.'

Minister for Social Development

Amendment 7 [Made]

Clause 18, Page 12, Line 11

Leave out 'under section 67' and insert 'in accordance with section 67(4)'

Minister for Social Development

Amendment 8 [Made]

Clause 20, Page 13, Line 10

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

'the following provisions do not apply to applications to renew—

(a) sections 8(2)(a) and 9 and paragraphs 8 to 10 of Schedule 2 (breach of planning control);

(b) sections 8(2)(d) and 12 (overprovision).'

Minister for Social Development

Amendment 9 [Made]

Clause 21, Page 13, Line 19

Leave out paragraph (b)

Minister for Social Development

Amendment 10 [Made]

Clause 21, Page 13, Line 25

Leave out 'if the council refuses the application on any other ground' and insert 'if the application is refused'

Minister for Social Development

Amendment 11 [Made]

Clause 21, Page 13, Line 28

Leave out 'under section 67' and insert 'in accordance with section 67(4)'

Minister for Social Development

Amendment 12 [Made]

Clause 21, Page 13, Line 33

Leave out subsection (3)

Minister for Social Development

Amendment 13 [Made]

Clause 26, Page 15, Line 21

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

Minister for Social Development

Amendment 14 [Made]

Clause 26, Page 15, Line 22

After second 'the' insert 'owner or'

Minister for Social Development

Amendment 15 [Made]

Clause 26, Page 15, Line 23

After 'particular' insert ', in a case falling within subsection (2)(b)'

Minister for Social Development

Amendment 16 [Made]

Clause 26, Page 15, Line 28

Leave out from first 'in' to end of line 32 and insert -

'(a) there is a transfer of ownership of a licensed HMO,

(b) as a result of the transfer one or more joint licensees (but not all of them) cease to be an owner of the HMO,'

Minister for Social Development

Amendment 17 [Made]

Clause 26, Page 15, Line 35

Leave out subsection (5) and insert -

'(5) Where—

(a) there is a transfer of ownership of a licensed HMO,

(b) as a result of the transfer there is a new owner (or more than one), and

(c) at least one person who was a licensee before the transfer continues to be an owner after it,

the new owner (or any of them) may apply to the council to be added as a joint licensee.

(5A) The council must—

(a) treat an application under subsection (5) as an application to renew the licence made jointly by the existing licensee and the new owner, and

(b) if it decides to grant the application, vary the licence accordingly.'

Minister for Social Development

Amendment 18 [Made]

Clause 26, Page 15, Line 41

After 'subsection' insert '(5A) or'

Minister for Social Development

Amendment 19 [Made]

Clause 26, Page 15, Line 43

At end insert -

'(8) In this section—

"transfer of ownership" includes the creation of a new estate;

"new owner" means a person who is an owner after the transfer but was not an owner before it.'

Minister for Social Development

Amendment 20 [Made]

Clause 28, Page 16, Line 7

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

'28.—(1) A licence may be transferred to another person only in accordance with this section.

(2) Accordingly, except as set out in subsection (2A), where—

(a) there is a transfer of ownership of a licensed HMO,

(b) as a result of the transfer there is a new owner (or more than one), and

(c) no person who was a licensee before the transfer continues to be an owner after it,

the licence ceases to have effect on the date of the transfer.

(2A) If—

(a) there is a transfer of ownership of a licensed HMO, and

(b) before the date of the transfer, the proposed new owner (or any of them) applies for a licence in respect of the HMO (a "new licence"),

the licence which is already in effect in respect of the HMO ("the existing licence") is to be treated as being held, from the date of the transfer, by the person or persons who made the application for the new licence ("the transferee").

(2B) But the existing licence ceases to have effect on the date mentioned in subsection (2C).

(2C) That date is—

(a) if the transferee's application is granted, the date from which the new licence has effect (determined in accordance with section 19(1) or (4)(a));

(b) if the transferee's application is refused—

(i) one month after the last date on which the decision to refuse the transferee's application may be appealed in accordance with section 67(4), or

(ii) if such an appeal is made, one month after the date on which the appeal is finally determined.

(2D) Subsection (2B) and (2C) are subject—

(a) to sections 23 (revocation) and 27 (surrender), which provide for a licence in certain circumstances to cease to have effect earlier than as provided by this section, and

(b) if the transferee dies, to section 29, which provides for a licence in certain circumstances to cease to have effect earlier than, or later than, as provided by this section.'

Minister for Social Development

Amendment 21 [Made]

Clause 28, Page 16, Line 12

Leave out 'subsection (2)' and insert 'this section'

Minister for Social Development

Amendment 22 [Made]

Clause 29, Page 16, Line 22

After 'period' insert 'for which the licence has effect beyond the date'

Minister for Social Development

Amendment 23 [Made]

Clause 29, Page 16, Line 28

Leave out subsection (5) and insert -

'(5) Subsections (1)(b) and (2) are subject—

(a) to sections 23 (revocation) and 27 (surrender), which provide for a licence in certain circumstances to cease to have effect earlier than as provided by this section, and

(b) if the personal representatives of the licensee transfer ownership of the HMO, to section 28, which provides for a licence in certain circumstances to cease to have effect earlier than, or later than, as provided by this section.'

Minister for Social Development

Amendment 24 [Made]

Clause 33, Page 18, Line 23

Leave out from 'do' to end of line 24 and insert 'act as a managing agent in relation to the HMO, and'

Minister for Social Development

Amendment 25 [Made]

Clause 33, Page 18, Line 28

Leave out paragraph (a) and insert -

'(a) A, on behalf of the owner of a licensed HMO, acts as a managing agent in relation to the HMO,'

Minister for Social Development

Amendment 26 [Made]

Clause 33, Page 18, Line 32

At end insert -

'(2A) For the purposes of this section, a person acts as a managing agent in relation to an HMO if the person—

(a) does, in relation to the HMO, any of the acts mentioned in paragraph (i), (ii) or (iv) of the definition of "managing agent" in section 88(1), or

(b) engages in any other activity or course of activity which constitutes, or assists in, the management of the HMO.'

Minister for Social Development

Amendment 27 [Made]

Clause 62, Page 32, Line 32

Leave out 'its register available for public inspection' and insert 'any entry relating to an HMO available for inspection, by any person who falls within subsection (8A) in relation to that entry,'

Minister for Social Development

Amendment 28 [Made]

Clause 62, Page 32, Line 35

Leave out from second 'a' to 'who' on line 36 and insert 'an entry relating to an HMO to any person who falls within subsection (8A) in relation to that entry and'

Minister for Social Development

Amendment 29 [Made]

Clause 62, Page 32, Line 36

At end insert -

'(8A) A person falls within this subsection in relation to an entry if the person appears to the council—

(a) to have an interest or prospective interest in the HMO,

(b) to be a resident of the HMO, or

(c) to be otherwise sufficiently concerned with the information contained in the entry.

(8B) In subsection (8A), an "interest" is—

(a) a freehold or leasehold estate;

(b) a mortgage, charge or lien.

(8C) The council must, on the request of any statutory authority—

(a) make its register available for inspection by the authority;

(b) supply a certified copy of its register, or of an extract from it, to the authority.'

Minister for Social Development

Amendment 30 [Made]

Clause 62, Page 32, Line 38

After '(8)' insert 'or (8C)'

Minister for Social Development

Amendment 31 [Made]

Clause 62, Page 32, Line 39

After 'an' insert 'entry in or other'

Minister for Social Development

Amendment 32 [Made]

Clause 67, Page 36, Line 14

Leave out from 'unless' to end of line 16

Minister for Social Development

Amendment 33 [Made]

New Clause

After Clause 73 insert -

'Sharing of information between councils

73A.—(1) A council may provide to any other council any information held by the council in connection with its functions under this Act.

(2) Information may be provided under subsection (1) only on the request of the other council; and may be used by that council only in connection with its functions under this Act.

(3) This section—

(a) has effect notwithstanding any restriction on the disclosure of information imposed by any statutory provision or rule of law, and

(b) does not limit the circumstances in which information may be used or provided apart from this section.'

Minister for Social Development

Amendment 34 [Made]

Clause 74, Page 41, Line 17

After '73' insert 'or a request under section 73A'

Minister for Social Development

Amendment 35 [Made]

Clause 75, Page 41, Line 31

After '73' insert 'or 73A'

Minister for Social Development

Amendment 36 [Made]

Clause 78, Page 43, Line 15

Leave out 'the' and insert 'any'

Minister for Social Development

Amendment 37 [Made]

Clause 78, Page 43, Line 18

Leave out 'the' and insert 'any'

Minister for Social Development

Clause 83 [Question that Clause 83 stand part negatived]

The Minister for Social Development gives notice of his intention to oppose the question that Clause 83 stand part of the Bill.

Minister for Social Development

Amendment 38 [Made]

Clause 86, Page 47, Line 8

After '14(3)' insert 'or paragraph 2 of Schedule 2'

Minister for Social Development

Amendment 39 [Made]

Clause 87, Page 47, Line 21

Leave out 'or paragraph 2(4)'

Minister for Social Development

Amendment 40 [Made]

Clause 88, Page 48, Line 16

After 'accommodation' insert '(but this is subject to subsection (7))'

Minister for Social Development

Amendment 41 [Made]

Clause 88, Page 48, Line 18

Leave out sub-paragraph (iii)

Minister for Social Development

Amendment 42 [Made]

Clause 88, Page 49, Line 5

Leave out ', niece or cousin' and insert 'or niece'

Minister for Social Development

Amendment 43 [Made]

Clause 88, Page 49, Line 26

At end insert -

'(7) Where—

(a) a person ("the agent") has introduced a prospective tenant or other occupier to the owner of accommodation,

(b) the prospective tenant or other occupier enters into a tenancy or other occupation agreement under which periodical payments are to be made in respect of the occupation, and

(c) the agent (acting on behalf of the owner) receives the first of those periodical payments,

then, for the purposes of the definition of "managing agent" in subsection (1), the receipt by the agent of that payment is not to be regarded as the receipt of rent or another payment from that occupier.'

Minister for Social Development

Amendment 44 [Made]

Schedule 1, Page 50, Line 12

Leave out heads (a) and (b)

Minister for Social Development

Amendment 45 [Made]

Schedule 1, Page 50, Line 18

At end insert -

'(2) A building where the person managing it is—

(a) the Northern Ireland Housing Executive, or

(b) a housing association registered under Part 2 of the Housing (Northern Ireland) Order 1992.'

Minister for Social Development

Amendment 46 [Made]

Schedule 2, Page 52, Line 36

Leave out paragraphs 2 to 6 and insert -

'2.—(1) The Department must make regulations providing for the giving of notice of the making of HMO applications.

(2) Regulations under sub-paragraph (1) may in particular—

(a) require the applicant to cause notice of an application to be displayed on or near the HMO in question, or to cause such notice to be published in one or more newspapers circulating in the locality of the HMO;

(b) permit or require the council to cause such notice to be displayed or published, either at the council's expense or at the applicant's expense;

(c) specify information which must be displayed or published in or together with notice of an application, which may include notice of a right to make representations about the application and of the manner and period in which such representations must be made;

(d) specify requirements as to the form and manner of notice of an application, and the period for which it must be displayed or published;

(e) provide (subject to such conditions as may be specified in the regulations) for exceptions from any requirement to display or publish notice, in particular where the council is satisfied that displaying or publishing a notice would be likely to jeopardise the safety or welfare of any persons or the security of any premises;

(f) provide for the consequences of failing to comply with requirements imposed by the regulations (and such consequences may include permitting or requiring the council to cease to consider the application in question).

3. The council must send a copy of any application for an HMO licence to the statutory authorities.'

Minister for Social Development

Amendment 47 [Made]

Schedule 2, Page 54, Line 29

Leave out 'paragraph 2, 3 or 5' and insert 'regulations under paragraph 2'

Minister for Social Development

Amendment 48 [Made]

Schedule 2, Page 54, Line 34

Leave out from 'is—' to end of line 39 and insert 'is to be set out in, or determined under, regulations made by the Department'

Minister for Social Development

Amendment 49 [Made]

Schedule 2, Page 56, Line 10

Leave out 'paragraph 2, 3 or 5' and insert 'regulations under paragraph 2'

Minister for Social Development

Amendment 50 [Made]

Schedule 2, Page 56, Line 32

Leave out 'paragraph 2, 3 or 5' and insert 'regulations under paragraph 2'

Minister for Social Development

Amendment 51 [Made]

Schedule 2, Page 57, Line 1

Leave out from 'paragraph' to '5' on line 2 and insert 'regulations under paragraph 2'

Minister for Social Development

Amendment 52 [Made]

Schedule 4, Page 64, Line 37

Leave out 'under section 67' and insert 'in accordance with section 67(4)'

Minister for Social Development

Amendment 53 [Made]

Schedule 5, Page 67, Line 12

Leave out 'under section 67' and insert 'in accordance with section 67(4)'

Minister for Social Development

Shared Education Bill

Annotated Marshalled List of Amendments

Further Consideration Stage

Tuesday 23 February 2016

Amendments tabled up to 9.30am Wednesday, 17 February 2016 and selected for debate.

Amendment 1 [Made]

New Clause

Before Clause 1 insert -

'Purpose of this Act

.—(1) This Act makes provision in relation to shared education.

(2) The purpose of shared education is—

(a) to deliver educational benefits to children and young persons;

(b) to promote the efficient and effective use of resources;

(c) to promote equality of opportunity;

(d) to promote good relations; and

(e) to promote respect for identity, diversity and community cohesion.'

Minister of Education

Amendment 2 [Not moved]

Clause 1, Page 1, Line 8

After 'belief' insert '(which includes an absence of religious belief)'

Mr Trevor Lunn

Amendment 3 [Negatived]

Clause 1, Page 1, Line 8

Leave out from 'both' to 'Catholic' on line 9 and insert 'Protestant, Roman Catholic or other'

Mr Trevor Lunn

Amendment 4 [Made]

Clause 1, Page 1, Line 14

Leave out subsection (3)

Minister of Education

Amendment 5 [Made]

Clause 1, Page 1, Line 23

Leave out 'or which are ancillary to education'

Minister of Education

Amendment 6 [Made]

Clause 1, Page 2, Line 1

Leave out subsection (5)

Minister of Education

Amendment 7 [Made]

Clause 2, Page 2, Line 6

After 'Education' insert '(so far as its powers extend)'

Minister of Education

Amendment 8 [Negatived]

Clause 2, Page 2, Line 7

After 'education' insert 'and integrated education'

Mr Trevor Lunn

Amendment 9 [Made]

Clause 3, Page 2, Line 20

Leave out from 'Article' to end of line 23 and insert 'section 4 of the Education Act (Northern Ireland) 2014.'

Minister of Education

Amendment 10 [Negatived]

Clause 5, Page 2, Line 33

After 'consider' insert 'integrated and'

Mr Steven Agnew

Amendment 11 [Not moved]

Clause 5, Page 2, Line 33

After 'education' insert 'and integrated education'

Mr Trevor Lunn

Amendment 12 [Made]

Clause 6, Page 3, Line 14

At end insert -

'( ) the extent to which the Department of Education has complied with its duty under section 2;'

Minister of Education

Amendment 13 [Made]

Clause 6, Page 3, Line 21

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

'(d) the extent to which the purpose of shared education set out in section (Purpose of this Act)(2) has been achieved.'

Minister of Education

Amendment 14 [Made]

New Clause

After Clause 7 insert -

'Interpretation

7A. In this Act—

(a) "equality of opportunity" and "religious belief" have the same meaning as in the Fair Employment and Treatment (Northern Ireland) Order 1998;

(b) words and expressions which are defined in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 have the same meaning as in that Order.'

Minister of Education

Papers Presented to the Assembly on
23 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

Overview of initial findings of a report on an announced inspection of Maghaberry Prison 4-15 January 2016 (DOJ).

5. Assembly Reports

6. Statutory Rules

S.R. 2016/34 The Public Service (Civil Servants and Others) Pensions (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016 (DFP).

S.R. 2016/41 The Police (Conduct) Regulations (Northern Ireland) 2016 (DOJ).

S.R. 2016/42 The Police (Performance and Attendance) Regulations (Northern Ireland) 2016 (DOJ).

S.R. 2016/43 The Police Appeals Tribunals Regulations (Northern Ireland) 2016 (DOJ).

7. Written Ministerial Statements

8. Consultation Documents

Draft Special Educational Needs (SEN) Regulations (DE).

9. Departmental Publications

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 24 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.