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. Speaker's Business

2.1 Member Resignation

The Speaker informed Members that Mr Neil Somerville resigned as a Member of the Assembly with effect from Monday 25 January 2016. The Speaker advised that the Speaker's Office had notified the Chief Electoral Officer, in accordance with section 35 of the Northern Ireland Act 1998.

3. Assembly Business

3.1 Consideration of business not concluded on Monday 25 January 2016

The Speaker informed the Assembly that all business listed on the Order Paper for 25 January 2016 was concluded.

4. Executive Committee Business

4.1 Statement – North South Ministerial Council in Special EU Programmes Sectoral Format

The Minister of Finance and Personnel, Mr Mervyn Storey, made a statement regarding the eighteenth meeting of the North South Ministerial Council in Special EU Programmes Sectoral format, which was held in Armagh on Friday 11 December 2015, following which he replied to questions.

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

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

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

Debate ensued.

The sitting was suspended at 12.58pm.

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

5. Question Time

5.1 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.

5.2 Environment

Questions were put to, and answered by, the Minister of the Environment, Mr Mark Durkan.

The Speaker in the Chair.

6. Executive Committee Business (cont'd)

6.1 Consideration Stage – Shared Education Bill (NIA Bill 66/11-16) (cont'd)

Debate resumed.

Clauses

After debate, Amendment 1 to Clause 1 was made on division (Division 1).

Amendment 2 to Clause 1 was negatived without division.

Amendment 3 was not moved.

Amendment 4 was not moved.

Amendment 5 to Clause 1 was made without division.

Amendment 6 was not moved.

As Amendment 6 was not moved, Amendment 7 was not called.

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

After debate, Amendment 8, inserting a new Clause 1A, was made on division and it was agreed that the new clause stand part of the Bill (Division 2).

Amendment 9 was not moved.

Amendment 10 was not moved.

After debate, Amendment 11 to Clause 2 was made without division.

After debate, Amendment 12 to Clause 2 was made without division.

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

After debate, Amendment 13 inserting a new Clause 2A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 14 inserting a new Clause 2A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 15 inserting a new Clause 2A 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 3 and 4 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 Shared Education Bill (NIA Bill 66/11-16) stood referred to the Speaker.

6.2 Further Consideration Stage – Health and Social Care (Control of Data Processing) Bill (NIA Bill 52/11-16)

The Minister of Health, Social Services and Public Safety, Mr Simon Hamilton, moved the Further Consideration Stage of the Health and Social Care (Control of Data Processing) Bill (NIA Bill 52/11-16).

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

Clauses

Amendment 1 was not moved.

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

The Health and Social Care (Control of Data Processing) Bill (NIA Bill 52/11-16) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

The Deputy Speaker (Mr Dallat) in the Chair.

6.3 Further Consideration Stage – Environmental Better Regulation Bill (NIA Bill 55/11-16)

The Minister of the Environment, Mr Mark Durkan, moved the Further Consideration Stage of the Environmental Better Regulation Bill (NIA Bill 55/11-16).

No amendments were tabled to the Bill.

The Environmental Better Regulation Bill (NIA Bill 55/11-16) stood referred to the Speaker for consideration in accordance with Section 10 of the Northern Ireland Act 1998.

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

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

1 amendment was tabled to the Bill and selected for debate.

Clauses

After debate, Amendment 1 to Clause 51 was made without division.

The Legal Complaints and Regulation Bill (NIA Bill 50/11-16) 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 Deputy Speaker (Mr Dallat)

The Assembly adjourned at 5.43pm.

Mr Mitchel McLaughlin
The Speaker

26 January 2016

26 January 2016
Division 1

Consideration Stage – Shared Education Bill (NIA Bill 66/11-16) (Amendment 1)

The Question was put and the Assembly divided.

Ayes: 52
Noes: 30

AYES

Mr Allen, Mr Allister, Mr Anderson, Mr Attwood, Mr Beggs, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Cree, Mr Dallat, Mr Diver, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Eastwood, Mr Frew, Mr Gardiner, Mr Givan, Mrs Hale, Mr Hamilton, Ms Hanna, Mr Hilditch, Mr Humphrey, Mr Irwin, Mrs D Kelly, Mr Kennedy, 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, Lord Morrow, Mr Newton, Mrs Overend, Mrs Pengelly, Mr Poots, Mr Rogers, Mr Ross, Mr Storey, Ms Sugden, Mr Weir

Tellers for the Ayes: Mr Craig, Mr Kennedy

NOES

Mr Agnew, Mr Boylan, Mrs Cochrane, Mr Dickson, Mr Flanagan, Mr Hazzard, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr McElduff, Mr M McGuinness, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr Maskey, Mr Milne, Mr Murphy, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mr Sheehan

Tellers for the Noes: Ms Maeve McLaughlin, Mr Sheehan

The Amendment was made.

26 January 2016
Division 2

Consideration Stage – Shared Education Bill (NIA Bill 66/11-16) (Amendment 8)

The Question was put and the Assembly divided.

Ayes: 51
Noes: 30

AYES

Mr Allister, Mr Anderson, Mr Attwood, Mr Beggs, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Clarke, Mr Craig, Mr Cree, Mr Dallat, Mr Diver, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Eastwood, Mr Frew, Mr Gardiner, Mr Givan, Mrs Hale, Mr Hamilton, Ms Hanna, Mr Hilditch, Mr Humphrey, Mr Irwin, Mrs D Kelly, Mr Kennedy, 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, Lord Morrow, Mr Newton, Mrs Overend, Mrs Pengelly, Mr Poots, Mr Rogers, Mr Ross, Mr Storey, Ms Sugden, Mr Weir

Tellers for the Ayes: Mr Craig, Mr Rogers

NOES

Mr Agnew, Mr Boylan, Mrs Cochrane, Mr Dickson, Mr Flanagan, Mr Hazzard, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr McElduff, Mr M McGuinness, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr Maskey, Mr Milne, Mr Murphy, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mr Sheehan

Tellers for the Noes: Mr Hazzard, Ms Maeve McLaughlin

The Amendment was made.

Shared Education Bill

Annotated Marshalled List of Amendments

Consideration Stage

Tuesday 26 January 2016

Amendments tabled up to 9.30am Wednesday, 20 January 2016 and selected for debate.

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1 [Made on Division]

Clause 1, Page 1, Line 3

Leave out paragraph (a) and insert -

'(a) this Act; and'

Chair, Committee for Education

Mr John McCallister

Amendment 2 [Negatived]

Clause 1, Page 1, Line 7

Leave out subsection (2) and insert -

'(2) "Shared education" means the education together of—

(a) children or young persons from different religious, cultural or ethnic backgrounds; and

(b) those who are experiencing socio-economic deprivation and those who are not.

(2A) Shared education may be provided by—

(a) the working together and co-operation of two or more relevant providers from different educational sectors or with different governance arrangements; or

(b) a single relevant provider which is representative of the wider community in Northern Ireland in terms of its staff and its board of governors or governance structure.'

Mr John McCallister

Amendment 3 [Not moved]

Clause 1, Page 1, Line 8

After 'belief' insert 'or none'

Chair, Committee for Education

Amendment 4 [Not moved]

Clause 1, Page 1, Line 8

Leave out from 'including' to 'Catholic' on line 9 and insert -

'or none;

(aa) reasonable numbers of Protestant, Roman Catholic and other'

Mr Trevor Lunn

Mr Stewart Dickson

Amendment 5 [Made]

Clause 1, Page 1, Line 13

At end insert -

'(2B) The purpose of shared education is to—

(a) deliver educational benefits to participants;

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

(c) promote equality of opportunity;

(d) promote good relations; and

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

Mr John McCallister

Amendment 6 [Not moved]

Clause 1, Page 1, Line 18

At beginning insert -

'In this section—

(a) "religious belief" includes an absence of religious belief; and

(b) '

Minister of Education

Amendment 7 [Not called]

Clause 1, Page 1, Line 19

Leave out 'in this section'

Minister of Education

Amendment 8 [Made on Division]

New Clause

After clause 1 insert -

'Duty to promote, encourage and facilitate shared education

1A. It is the duty of the Department of Education to promote, encourage and facilitate shared education.'

Chair, Committee for Education

Mr John McCallister

Amendment 9 [Not moved]

As an amendment to Amendment 8

At end insert -

'(2) The Department of Education must consider shared education when—

(a) developing, adopting, implementing or revising policies, strategies and plans; and

(b) designing and delivering educational services.'

Mr John McCallister

Amendment 10 [Not moved]

New Clause

After clause 1 insert -

'Regulations on shared education

1A.—(1) The Department of Education must by regulation prescribe criteria, including a minimum number of participant hours, to be met by relevant providers of shared education.

(2) "Participant hours" means the number of hours of shared education to which a participant is entitled.

(3) No shared education funds may be given to relevant providers that fail to meet the criteria set out in regulations.

(4) Regulations under this section shall not be made unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.'

Mr Trevor Lunn

Mr Stewart Dickson

Amendment 11 [Made]

Clause 2, Page 2, Line 2

Leave out paragraph (a)

Chair, Committee for Education

Amendment 12 [Made]

Clause 2, Page 2, Line 6

At end insert -

'(e) any sectoral body.

(3) In this section, "sectoral body" means a body—

(a) which is recognised by the Department of Education as representing the interests of grant-aided schools of a particular description; and

(b) to which grants are paid under Article 115 of the Education and Libraries (Northern Ireland) Order 1986, Article 64 of the Education Reform (Northern Ireland) Order 1989, or Article 89 of the Education (Northern Ireland) Order 1998.'

Chair, Committee for Education

Mr John McCallister

Amendment 13 [Made]

New Clause

After clause 2 insert -

'Power to form company

2A.—(1) For the purposes of its functions under section 2, the Department of Education may form, or participate in the formation of, a company under the Companies Act 2006.

(2) For the purposes of its functions under section 2(3) of the Education Act (Northern Ireland) 2014, the Education Authority may form, or participate in the formation of, a company under the Companies Act 2006.'

Minister of Education

Amendment 14 [Made]

New Clause

After clause 2 insert -

'Review

2A.—(1) The Department of Education must—

(a) not later than two years after the date on which this Act receives Royal Assent; and

(b) at intervals of not more than two years thereafter, review, and prepare a report on, the operation of this Act and section 2(3) of the Education Act (Northern Ireland) 2014 ("the 2014 Act").

(2) The Department of Education must lay any report under this section before the Assembly.

(3) A report under this section must include statements on the following matters, so far as relating to the reporting period—

(a) the extent to which the bodies listed in section 2(2) have exercised their powers under that section;

(b) the extent to which the Education Authority has complied with its duty under section 2(3) of the 2014 Act;

(c) the level of participation in shared education and the extent to which there has been any increase or decrease in participation;

(d) efficiency in the use of resources allocated for the purposes of shared education, including information and communications technology infrastructure;

(e) the impact of shared education on—

(i) educational attainment;

(ii) good relations between participating children or young persons;

(iii) attitudes of participating children or young persons towards persons from backgrounds other than their own.'

Chair, Committee for Education

Amendment 15 [Made]

New Clause

After clause 2 insert -

'Duty of education bodies to consider shared education

2A.—(1) Education bodies must consider shared education when—

(a) developing, adopting, implementing or revising policies, strategies and plans; and

(b) designing and delivering public services.

(2) The education bodies are—

(a) the Department of Education;

(b) the Education Authority;

(c) the Council for Catholic Maintained Schools;

(d) the Northern Ireland Council for the Curriculum, Examinations and Assessment; and

(e) the Youth Council.'

Mr Chris Hazzard

Ms Maeve McLaughlin

Mr Pat Sheehan

Health and Social Care (Control of Data Processing) Bill

Annotated Marshalled List of Amendments

Further Consideration Stage

Tuesday 26 January 2016

Amendments tabled up to Wednesday, 20 January 2016 and selected for debate.

Amendment 1 [Not moved]

Clause 1, Page 2, Line 12

At end insert -

'(5A) Regulations under subsection (1) may not make provision requiring the processing of information of a relevant person who has notified the data controller to cease, or not to begin, processing information in respect of which that person is the subject.'

Chair, Committee for Health, Social Services and Public Safety

Amendment 2 [Made]

Clause 2, Page 3, Line 33

At end insert -

'(2A) The circumstances in which the committee may authorise the processing of confidential information of a relevant person shall not include circumstances where that person has made representations to the committee that the relevant person's confidential information should not be disclosed or processed.'

Chair, Committee for Health, Social Services and Public Safety

Legal Complaints and Regulation Bill

Annotated Marshalled List of Amendments

Further Consideration Stage

Tuesday 26 January 2016

Amendments tabled up to 9.30am Wednesday, 20 January 2016 and selected for debate.

Amendment 1 [Made]

Clause 51, Page 26, Line 37

Leave out 'Regulations under this section shall' and insert 'The Department must by order subject to negative resolution'

Minister of Finance and Personnel

Papers Presented to the Assembly on
26 January 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 Mental Capacity Bill (NIA Bill 49/11-16) (NIA 252/11-16) (Ad Hoc Joint Committee on the Mental Capacity Bill).

6. Statutory Rules

S.R. 2016/000 (Draft) The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2016 (DOJ).

S.R. 2016/000 (Draft) The Working Time Regulations (Northern Ireland) 2016 (DEL) (Re-laid).

7. Written Ministerial Statements

8. Consultation Documents

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 27 January 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.