Minutes of Proceedings

Session: 2012/2013

Date: 01 July 2013

Venue: Plenary Chamber

The Assembly met at noon, the Speaker in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Public Petition

2.1 Public Petition – ‘Save the Dickson Plan’

Mr Stephen Moutray was granted leave, in accordance with Standing Order 22, to present a Public Petition entitled ‘Save the Dickson Plan’.

2.2 Public Petition – ‘Save Envagh Primary School, Omagh; St Francis of Assisi Primary School, Castlederg; and Newtownstewart Model Primary School’

Mr Joe Byrne was granted leave, in accordance with Standing Order 22, to present a Public Petition entitled ‘Save Envagh Primary School, Omagh; St Francis of Assisi Primary School, Castlederg; and Newtownstewart Model Primary School’.

2.3 Public Petition – ‘Save Westlands Home, Cookstown’

Mrs Sandra Overend was granted leave, in accordance with Standing Order 22, to present a Public Petition entitled ‘Save Westlands Home, Cookstown’.

3. Assembly Business

3.1 Motion - Extension of sitting on Monday 1 July 2013 under SO 10(3A)

Proposed:

That, in accordance with Standing Order 10(3A), the sitting on Monday 1 July 2013 be extended to no later than 9.00pm.

Mr P Ramsey
Mrs K McKevitt

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

3.2 Motion – Membership for the Committee of the Regions

Proposed:

That this Assembly nominates Ms Megan Fearon as a full member on the UK delegation to the Committee of the Regions.

Ms C Ruane
Mr P Weir

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

4. Executive Committee Business

4.1 Statement - North South Ministerial Council meeting in Aquaculture and Marine Sectoral Format

The Minister of Agriculture and Rural Development, Mrs Michelle O’Neill, made a statement regarding the North South Ministerial Council meeting in Aquaculture and Marine sectoral format, held on 3 May 2013, following which she replied to questions.

4.2 Statement – Public Expenditure: Provisional Outturn 2012-13 and 2013-14 June Monitoring

The Minister of Finance and Personnel, Mr Sammy Wilson, made a statement regarding Public Expenditure: Provisional Outturn 2012-13 and 2013-14 June Monitoring, following which he replied to questions.

4.3 Second Stage – Financial Provisions Bill (NIA 22/11-15)

The Minister of Finance and Personnel, Mr Sammy Wilson, moved the Second Stage of the Financial Provisions Bill (NIA 22/11-15). 

Debate ensued.

The Deputy Speaker (Mr Dallat) took the Chair.

The Financial Provisions Bill (NIA 22/11-15) passed Second Stage.

4.4 Legislative Consent Motion – Pensions Bill

Proposed:

That this Assembly endorses the principle of the extension to Northern Ireland of clause 41 of the Pensions Bill, as introduced in the House of Commons on 9 May 2013, relating to the preparation of guidance for pensions illustrations.

Minister for Social Development

Debate ensued.

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

4.5 Legislative Consent Motion – Mesothelioma Bill

Proposed:

That this Assembly endorses the principle of the extension to Northern Ireland of the Mesothelioma Bill.

Minister for Social Development

Debate ensued.

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

4.6 Motion – The draft Local Government (Statutory Transition Committees) Regulations (Northern Ireland) 2013

Proposed:

That the draft Local Government (Statutory Transition Committees) Regulations (Northern Ireland) 2013 be approved.

Minister of the Environment

Debate ensued.

The debate was suspended for Question Time.

5. Question Time

5.1 Office of the First Minister and deputy First Minister

Questions were put to, and answered by, the deputy First Minister, Mr Martin McGuinness. The junior Minister, Ms Jennifer McCann, also answered a number of questions. 

5.2 Finance and Personnel

Questions were put to, and answered by, the Minister of Finance and Personnel, Mr Sammy Wilson.

6. Question for Urgent Oral Answer

6.1 Suspected drug-related deaths

The Minister of Health, Social Services and Public Safety, Mr Edwin Poots, responded to a Question for Urgent Oral Answer tabled by Mr Phil Flanagan.

7. Executive Committee Business (Cont’d)

7.1 Motion – The draft Local Government (Statutory Transition Committees) Regulations (Northern Ireland) 2013

Debate resumed on the motion.

The Deputy Speaker (Mr Beggs) took the Chair.

The Question being put, the Motion was carried (Division 1).

8. Committee Business

8.1 Motion – Amend Standing Order 20

Proposed:

After Standing Order 20 insert –

20A.   Topical Questions

(1) Topical questions for a Minister shall be taken during the first 15 minutes of the time allocated for questions for oral answer by that Minister.

(2) No topical questions shall be asked of the Assembly Commission.

(3) A member who wishes to ask a topical question of a Minister at a particular sitting shall submit his or her name in advance to the Speaker who shall select 10 members by ballot.

(4) The Speaker shall determine, by means of a random selection, the order in which questions are taken.

(5) The Speaker shall inform –

(a)  members; and

(b)  the Ministers to whom the questions will be addressed at the sitting;

in advance, of the names and order in which questions are to be taken.

(6) Answers may not be debated, but the member asking the question may ask a supplementary question.  A supplementary question may contain no more than one enquiry.

(7) Where a member is not present to ask a topical question, the Speaker shall move to the next member in accordance with the order determined under paragraph (4).

(8) Paragraphs (1)(a) and (2) of Standing Order 19 and paragraphs (2), (8A), (10) and (11) of Standing Order 20 shall apply to topical questions as they apply to questions for oral answer.’

Chairperson, Committee on Procedures

Debate ensued.

The Question being put, the Motion was carried with cross-community support nemine contradicente.

8.2 Motion – Amend Standing Order 10(2)(a)

Proposed:

In Standing Order 10(2)(a) leave out ‘and 20A’ and insert –

‘to 20B’

Chairperson, Committee on Procedures

The Question being put, the Motion was carried with cross-community support nemine contradicente.

8.3 Motion – Amend Standing Order 19

Proposed:

’Leave out Standing Order 19(3) and insert –

‘(3) A question may be –

(a) for oral answer (see Standing Order 20);

(b) a topical question for oral answer (see Standing Order 20A);

(c) for urgent oral answer (see Standing Order 20B); or

(d) for written answer (see Standing Order 20C).’

In Standing Order 19(4) line 1, after ‘question’ insert – 

‘(other than a topical question)’

Chairperson, Committee on Procedures

The Question being put, the Motion was carried with cross-community support nemine contradicente.

8.4 Motion – Amend Standing Order 20(1)

Proposed:

In Standing Order 20(1) leave out sub-paragraphs (a) and (b) and the hyphen immediately preceding them and insert – 

‘2.00 pm and 3.30 pm on those Mondays and Tuesdays’

Chairperson, Committee on Procedures

The Question being put, the Motion was carried with cross-community support nemine contradicente.

The Speaker took the Chair.

9. Private Members’ Business

9.1 Motion – Progress on North South Co-operation

Proposed:

That this Assembly reaffirms its commitment to the ambition, values and institutions borne out of the Belfast Agreement; notes the improved working relationship between the Governments on this island including through the North South Ministerial Council and British Irish Council; welcomes the recent progress on the Narrow Water Bridge project; and calls on the Executive, in conjunction with the British and Irish Governments, to complete urgently the review of the St Andrews Agreement to allow further progress on North South co-operation in order to bring benefits to all of the people of this island. 

Mr C McDevitt
Mr D Bradley

9.2 Amendment 1

Proposed:

Leave out all after ‘Assembly’ and insert:

‘notes the working relationship between the Northern Ireland Executive and the Irish Government, including through the North South Ministerial Council, the British Irish Council and other bi-lateral contacts; and welcomes ongoing, practical co-operation that is beneficial to the people of Northern Ireland.’

Mr S Moutray
Mr J Spratt
Mr P Weir
Mr P Givan

9.3 Amendment 2

Proposed:

Leave out all after ‘commitment’ and insert:

‘to practical cross-border co-operation, but regards the elaborate North South Bodies, established under the Belfast Agreement, as neither necessary nor value for money.

Mr J Allister

Debate ensued.

The Question being put, Amendment No. 1 fell (Division 2).

The Question being put, Amendment No. 2 fell without division.

The Question being put, the Motion, was carried (Division 3).

10. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 7.15pm.

Mr William Hay
The Speaker
1 July 2013

Northern Ireland Assembly

1 July 2013

Division 1

Motion – The draft Local Government (Statutory Transition Committees) Regulations (Northern Ireland) 2013

Proposed:

That the draft Local Government (Statutory Transition Committees) Regulations (Northern Ireland) 2013 be approved.

Minister of the Environment

The Question was put and the Assembly divided.

Ayes: 77
Noes: 13

AYES

Mr Anderson, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Ms P Bradley, Mr Brady, Ms Brown, Mr Buchanan, Mr Byrne, Mr Campbell, Mr Clarke, Mrs Cochrane, Mr Craig, Mr Dickson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Eastwood, Dr Farry, Mr Flanagan, Mr Ford, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Mr McCausland, Ms McCorley, Mr I McCrea, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr D McIlveen, Miss M McIlveen, Mr McKay, Mrs McKevitt, Ms Maeve McLaughlin, Mr McMullan, Mr McQuillan, Mr A Maginness, Mr Maskey, Mr Milne, Lord Morrow, Mr Moutray, Mr Newton, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mr Poots, Mr P Ramsey, Ms S Ramsey, Mr G Robinson, Mr P Robinson, Mr Rogers, Mr Ross, Ms Ruane, Mr Sheehan, Mr Weir.

Tellers for the Ayes: Mr D Bradley and Mrs McKevitt

NOES

Mr Agnew, Mr Allister, Mr Copeland, Mr Cree, Mrs Dobson, Mr Elliott, Mr Gardiner, Mr Kinahan, Mr McCallister, Mr B McCrea, Mr McGimpsey, Mrs Overend, Mr Swann.

Tellers for the Noes: Mr Cree and Mr Elliott

The Motion was carried.

Northern Ireland Assembly

1 July 2013

Division 2

Motion – Progress on North South Co-operation – Amendment 1

Proposed:

Leave out all after ‘Assembly’ and insert:

‘notes the working relationship between the Northern Ireland Executive and the Irish Government, including through the North South Ministerial Council, the British Irish Council and other bi-lateral contacts; and welcomes ongoing, practical co-operation that is beneficial to the people of Northern Ireland.’

Mr S Moutray
Mr J Spratt
Mr P Weir
Mr P Givan

The Question was put and the Assembly divided.

Ayes: 30
Noes: 59

AYES

Mr Agnew, Mr Allister, Mr Anderson, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Lord Morrow,Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Weir, Mr Wilson.

Tellers for the Ayes: Mr Clarke and Mr G Robinson

NOES

Mr Attwood, Mr Beggs, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mrs Cochrane, Mr Dallat, Mr Dickson, Mrs Dobson, Mr Durkan, Mr Eastwood, Mr Elliott, Dr Farry, Mr Flanagan, Mr Ford, Mr Gardiner, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan, Mr Swann.

Tellers for the Noes: Mr A Maginness and Mr Rogers

The Amendment fell.

Northern Ireland Assembly

1 July 2013

Division 3

Motion – Progress on North South Co-operation

Proposed:

That this Assembly reaffirms its commitment to the ambition, values and institutions borne out of the Belfast Agreement; notes the improved working relationship between the Governments on this island including through the North South Ministerial Council and British Irish Council; welcomes the recent progress on the Narrow Water Bridge project; and calls on the Executive, in conjunction with the British and Irish Governments, to complete urgently the review of the St Andrews Agreement to allow further progress on North South co-operation in order to bring benefits to all of the people of this island. 

Mr C McDevitt
Mr D Bradley

Ayes: 52
Noes: 37

AYES

Mr Agnew, Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mrs Cochrane, Mr Dallat, Mr Dickson, Mr Durkan, Mr Eastwood, Dr Farry, Mr Flanagan, Mr Ford, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr A Maginness and Mr Rogers

NOES

Mr Allister, Mr Anderson, Mr Beggs, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, Mr Craig, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Kennedy, Mr Kinahan, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Lord Morrow, Mr Moutray, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Swann, Mr Weir, Mr Wilson.

Tellers for the Noes: Mr Clarke and Mr G Robinson

The Motion was carried.

Northern Ireland Assembly

Papers Presented to the Assembly on
26 June – 1 July 2013

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill [as introduced] (NIA Bill 26/11-15)

Planning Bill [as amended at consideration stage] (NIA Bill 17/11-15)

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

Utility Regulator Annual Report 2012-13 (DETI)

Northern Ireland Transport Holding Company Annual Report and Accounts 2012-13 (DRD)

Charity Commission for Northern Ireland Annual Report and Accounts 2012-2013 (DSD)

Northern Ireland Judicial Appointments Ombudsman Annual Report 1 April 2012 to 31 March 2013 (DOJ)

Probation Board for Northern Ireland Annual Report and Accounts for the year ended 31 March 2013 (DOJ)

Northern Ireland Environment Agency Annual Report and Accounts for the year ended 31 March 2013 (DOE)

Driver and Vehicle Agency Report and Statement of Accounts for the year ended 31 March 2013 (DOE)

Parole Commissioners for Northern Ireland Annual Report 2012-2013 (DOJ)

Health and Social Care Board Annual Report & Accounts for the year ended 31 March 2013 (DHSSPS)

Public Health Agency Annual Report and Accounts for the year ended 31 March 2013 (DHSSPS)

Western Health and Social Care Trust Annual Report and Accounts year ended 31 March 2013 (DHSSPS)

Northern Ireland Ambulance Service Health and Social Care Trust Annual Report and Accounts for the year ended 31 March 2013 (DHSSPS)

South Eastern Health and Social Care Trust Annual Report and Accounts for the year ended 31 March 2013 (DHSSPS)

Northern Health and Social Care Trust Annual Report and Accounts for the year ended 31 March 2013 (DHSSPS)

Legislative Consent Memorandum Northern Ireland (Miscellaneous Provisions) Bill (DOJ)

Department of Agriculture and Rural Development Resource Accounts for the year ended 31 March 2013 (DARD)

Land and Property Services Annual Report and Accounts for the year ended 31 March 2013 (DFP)

Northern Ireland Ombudsman Annual Report 2012-2013 (OFMDFM)

Northern Ireland Statistics and Research Agency Annual Report and Accounts for the year ended 31 March 2013 (DFP)

Belfast Health and Social Care Trust Annual Report and Accounts for the year ended 31 March 2013 (DHSSPS)

Forest Service Annual Report 2012-13 (DARD)

5. Assembly Reports

Report on the Committee's Proposals for a Northern Ireland Public Services Ombudsman Bill (NIA 120/11-15) (Committee for the Office of the First Minister and deputy First Minister)

Review of D’Hondt, Community Designation and Provisions for Opposition (NIA 123/11-15) (Assembly and Executive Review Committee)

6.    Statutory Rules

S. R. 2013/170 The Motor Vehicles (Driving Licences) (Amendment) Regulations (Northern Ireland) 2013 (DOE)

S. R. 2013/173 The Gas and Electricity (Internal Markets) (Amendment) Regulations (Northern Ireland) 2013 (DETI)

For Information Only:

S. R. 2013 Draft S. R. The Lands Tribunal (Salaries) Order (Northern Ireland) 2013 (DOJ)

7. Written Ministerial Statements

8. Consultation Documents

The Fluorinated Greenhouse Gases (Amendment) Regulations (Northern Ireland) 2013 - A Consultation Paper (DOE)

Consultation on the Rural Development Programme 2014-2020 (DARD)

9. Departmental Publications

Strategic Framework for Reducing Offending 2013 (DOJ)

A review of the criminal justice system's preparedness for exceptional or prolonged public disorder, June 2013 (DOJ)

10. Agency Publications

Strategic Investment Board Limited Annual Review and Financial Statements 2012/2013 (OFMDFM)

11. Westminster Publications

12. Miscellaneous Publications

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