Minutes of Proceedings

Session: 2012/2013

Date: 08 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. Speaker’s Business

The Speaker confirmed that the sitting had been convened following receipt of a valid notice, signed by not less than 30 Members, in accordance with Standing Order 11, for the purpose of debating a motion on the “Call for an Inquiry into Allegations of Wrongful Political Interference in the Northern Ireland Housing Executive, Potential Breaches of the Ministerial Code of Conduct and Misleading the Assembly and the Committee for Social Development” (Appendix 1).

3. Private Members’ Business

3.1 Motion – Call for an Inquiry into Allegations of Wrongful Political Interference in the Northern Ireland Housing Executive, Potential Breaches of the Ministerial Code of Conduct and Misleading the Assembly and the Committee for Social Development

A valid Petition of Concern was presented in relation to this motion under Standing Order 28, on Friday 5 July 2013 (Appendix 2).

Proposed:

That this Assembly expresses concern at the contents of the major investigation by the BBC Spotlight programme broadcast on Wednesday 3 July 2013; notes the allegations of serious and wrongful political interference in the Housing Executive and that the Assembly and the Committee for Social Development were purposely misled by the Minister for Social Development over his decision to seek a review of the specification for the supply and fitting of double glazing; and calls for a full inquiry into the relevant Minister to establish any impropriety or irregularity as well as any breach of the Ministerial Code of Conduct.

Mr R Swann
Ms C Ruane
Mr S Dickson
Mr M Durkan

3.2 Amendment 1

Proposed:

Leave out all after the first ‘Assembly’ and insert:

'welcomes the Committee for Social Development's investigation into the BBC Spotlight programme of 3 July and the allegations made within it; notes that the inquiry will consider the conduct of the Minister for Social Development; considers that such an inquiry should also include the activities, comments broadcast and role of Mr Brian Rowntree in relation to the issues raised including the Rinmore development, the allegations made by politicians and commentators in relation to the issues raised by the programme both during and since the broadcast, the range of companies similar to Red Sky involved in alleged overcharging and the failure of the Housing Executive and previous Ministers to investigate, and the role of previous Ministers in relation to the issues raised; and calls on the Committee for Social Development to request a report from the police into the allegations of corruption made in relation to the Housing Executive.'

Mr G Campbell
Ms P Brown
Mr S Douglas
Mr P Weir

3.3 Amendment 2

Proposed:

Leave out all after ‘glazing’ and insert:

‘; and having no confidence in the Minister for Social Development calls on him to resign.’

Mr J Allister

Debate ensued.

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

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

The Question being put, the Motion, was negatived on a cross-community vote (Division 2).

4. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 2.52pm.

Mr William Hay
The Speaker
8 July 2013

Appendix 1  

Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly support the call for an earlier sitting on Monday 8 July 2013, under Standing Order 11, to debate the following Motion:

Call for an Inquiry into Allegations of Wrongful Political Interference in the Northern Ireland Housing Executive, Potential Breaches of the Ministerial Code of Conduct and Misleading the Assembly and the Committee for Social Development

That this Assembly expresses concern at the contents of the major investigation by the BBC Spotlight programme broadcast on Wednesday 3 July 2013; notes the allegations of serious and wrongful political interference in the Housing Executive and that the Assembly and the Committee for Social Development were purposely misled by the Minister for Social Development over his decision to seek a review of the specification for the supply and fitting of double glazing; and calls for a full inquiry into the relevant Minister to establish any impropriety or irregularity as well as any breach of the Ministerial Code of Conduct.

MR ROBIN SWANN

MR MICHAEL COPELAND

MR STEVEN AGNEW

MRS SANDRA OVEREND

MR TOM ELLIOTT

MR STEWART DICKSON

MR MIKE NESBITT

MR ALBAN MAGINNESS

MR PATSY MCGLONE

MR MARK DURKAN

MRS DOLORES KELLY

MR CONALL MCDEVITT

MR SEAN ROGERS

DR ALASDAIR MCDONNELL

MR GERRY KELLY

MR CATHAL Ó HOSÍN

MS JENNIFER MCCANN

MRS MICHELLE O’NEILL

MS ROSALEEN MCCORLEY

MR DAITHÍ MCKAY

MS MEGAN FEARON

MR MICKEY BRADY

MS BRONWYN MCGAHAN

MR DECLAN MCALEER

MR PHIL FLANAGAN

MR JOHN O’DOWD

MR ALEX MASKEY

MR CHRIS HAZZARD

MS CAITRÍONA RUANE

MR CATHAL BOYLAN

MS SUE RAMSEY

MS MAEVE MCLAUGHLIN

MR BARRY MCELDUFF

MR IAN MILNE

MR RAYMOND MCCARTNEY

MS CARÁL NÍ CHUILIN

MRS KAREN MCKEVITT

MR DOMINIC BRADLEY

MR JOHN MCCALLISTER

MR BASIL MCCREA

MR ALEX ATTWOOD

Appendix 2  

Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a Petition of Concern, in accordance with Standing Order 28, on Friday 5 July 2013 in relation to the following motion:

Call for an Inquiry into Allegations of Wrongful Political Interference in the Northern Ireland Housing Executive, Potential Breaches of the Ministerial Code of Conduct and Misleading the Assembly and the Committee for Social Development

That this Assembly expresses concern at the contents of the major investigation by the BBC Spotlight programme broadcast on Wednesday 3 July 2013; notes the allegations of serious and wrongful political interference in the Housing Executive and that the Assembly and the Committee for Social Development were purposely misled by the Minister for Social Development over his decision to seek a review of the specification for the supply and fitting of double glazing; and calls for a full inquiry into the relevant Minister to establish any impropriety or irregularity as well as any breach of the Ministerial Code of Conduct.

MR SYDNEY ANDERSON

MR JONATHAN BELL

MS PAULA BRADLEY

MS PAM BROWN

MR THOMAS BUCHANAN

MR GREGORY CAMPBELL

MR TREVOR CLARKE

MR JONATHAN CRAIG

MR SAMMY DOUGLAS

MR GORDON DUNNE

MR ALEX EASTON

MRS ARLENE FOSTER

MR PAUL FREW

MR PAUL GIRVAN

MR PAUL GIVAN

MRS BRENDA HALE

MR SIMON HAMILTON

MR DAVID HILDITCH

MR WILLIAM HUMPHREY

MR WILLIAM IRWIN

MR IAN MCCREA

MR DAVID MCILVEEN

MISS MICHELLE MCILVEEN

MR ADRIAN MCQUILLAN

THE LORD MORROW

MR STEPHEN MOUTRAY

MR ROBIN NEWTON

MR EDWIN POOTS

MR GEORGE ROBINSON

MR PETER ROBINSON

MR ALASTAIR ROSS

MR JIMMY SPRATT

MR MERVYN STOREY

MR PETER WEIR

MR JIM WELLS

MR SAMMY WILSON

Northern Ireland Assembly

8 July 2013

Division 1

Motion – Call for an Inquiry into Allegations of Wrongful Political Interference in the Northern Ireland Housing Executive, Potential Breaches of the Ministerial Code of Conduct and Misleading the Assembly and the Committee for Social Development – Amendment 1

Proposed:

Leave out all after the first ‘Assembly’ and insert:

'welcomes the Committee for Social Development's investigation into the BBC Spotlight programme of 3 July and the allegations made within it; notes that the inquiry will consider the conduct of the Minister for Social Development; considers that such an inquiry should also include the activities, comments broadcast and role of Mr Brian Rowntree in relation to the issues raised including the Rinmore development, the allegations made by politicians and commentators in relation to the issues raised by the programme both during and since the broadcast, the range of companies similar to Red Sky involved in alleged overcharging and the failure of the Housing Executive and previous Ministers to investigate, and the role of previous Ministers in relation to the issues raised; and calls on the Committee for Social Development to request a report from the police into the allegations of corruption made in relation to the Housing Executive.'

Mr G Campbell
Ms P Brown
Mr S Douglas
Mr P Weir

The Question was put and the Assembly divided.

Ayes: 34
Noes: 55

AYES

Mr Anderson, Mr Bell, 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 Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr McQuillan and Mr G Robinson

NOES

Mr Agnew, Mr Allister, Mr Attwood, Mr Beggs, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Copeland, Mr Cree, Mr Dallat, Mr Dickson, Mr Durkan, Mr Elliott, Dr Farry, Mr Flanagan, Mr Ford, Mr Gardiner, Mr Hazzard, Mr Hussey, Mr G Kelly, Mr Kennedy, Mr Kinahan, Mr Lynch, Mr Lyttle, Mr McCallister, Ms J McCann, Mr McCarthy, Mr McCartney, Mr McClarty, Ms McCorley, Mr B McCrea, Mr McDevitt, Dr McDonnell, Ms McGahan, Mr McGimpsey,
Mr McGlone, Mr M McGuinness, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Mr Nesbitt, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Mrs Overend, Ms S Ramsey, Ms Ruane, Mr Sheehan, Mr Swann.

Tellers for the Noes: Ms Ruane and Mr Swann

The Amendment fell.

Northern Ireland Assembly

8 July 2013

Division 2

Motion – Call for an Inquiry into Allegations of Wrongful Political Interference in the Northern Ireland Housing Executive, Potential Breaches of the Ministerial Code of Conduct and Misleading the Assembly and the Committee for Social Development

Proposed:

That this Assembly expresses concern at the contents of the major investigation by the BBC Spotlight programme broadcast on Wednesday 3 July 2013; notes the allegations of serious and wrongful political interference in the Housing Executive and that the Assembly and the Committee for Social Development were purposely misled by the Minister for Social Development over his decision to seek a review of the specification for the supply and fitting of double glazing; and calls for a full inquiry into the relevant Minister to establish any impropriety or irregularity as well as any breach of the Ministerial Code of Conduct.

Mr R Swann
Ms C Ruane
Mr S Dickson
Mr M Durkan

The Question was put and the Assembly divided.

Ayes: 54
Noes: 34

AYES

NATIONALIST:

Mr Attwood, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Durkan, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Ms J McCann, Mr McCartney, Ms McCorley, Mr McDevitt, Dr McDonnell, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs O'Neill, Ms S Ramsey, Ms Ruane, Mr Sheehan.

UNIONIST:

Mr Allister, Mr Beggs, Mr Copeland, Mr Cree, Mr Elliott, Mr Gardiner, Mr Hussey, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McClarty, Mr B McCrea, Mr McGimpsey, Mr Nesbitt, Mrs Overend, Mr Swann.

OTHER:

Mr Agnew, Mr Dickson, Dr Farry, Mr Ford, Mr Lyttle, Mr McCarthy.

Tellers for the Ayes: Mr McGlone and Ms Ruane.

NOES

UNIONIST:

Mr Anderson, Mr Bell, 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 Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Mr Moutray, Mr Newton, Mr Poots, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Mr McQuillan and Mr G Robinson.

Total votes 88 Total Ayes 54 [61.4%]

Nationalist votes 32 Nationalist Ayes 32 [100.0%%]

Unionist votes 50 Unionist Ayes 16 [32.0%]

Other votes 6 Other Ayes 6 [100.0%]

The Motion was negatived on a cross-community vote.

Northern Ireland Assembly

Papers Presented to the Assembly on
3 – 8 July 2013

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

Professional Standards Authority for Health and Social Care Annual Report and Accounts and Performance Review Report 2012-13 Volume II (DHSSPS)

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

Courts and Tribunals Service Annual Report and Accounts 2012-2013 (DOJ)

Forensic Science Northern Ireland Annual Report and Accounts 2012-2013 (DOJ)

Staff Commission for Education and Library Boards Annual Report and Accounts for the year ended 31 March 2013 (DE)

Northern Ireland Policing Board Annual Report and Accounts for the period 1 April 2012 - 31 March 2013 (DOJ)

The Commissioner for Older People for Northern Ireland Corporate Plan 2013-2015 (OFMDFM)

Invest Northern Ireland Annual Report and Accounts 2012-13 (DETI)

Police Service of Northern Ireland Annual Report and Accounts for the year ended 31 March 2013 (DOJ)

Police Service of Northern Ireland Police Pension Accounts for the year ended 31 March 2013 (DOJ)

Youth Justice Agency Annual Report and Accounts 2012 – 2013 (DOJ)

Housing Executive 41st Annual Report 1 April 2012-31 March 2013 (DSD)

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

Office of the First Minister and deputy First Minister Resource Accounts for the year ended 31 March 2013 (DFP)

Public Prosecution Service for Northern Ireland Annual Report and Resource Accounts 2012-13 (DOJ)

The Arts Council of Northern Ireland Annual Report and Accounts for the year ended 31 March 2013 (DCAL)

The Sports Council for Northern Ireland Annual Report and Accounts for the year ended 31 March 2013 (DCAL)

The North/South Language Body Annual Report and Accounts for the year ended 31 December 2010 (DCAL)

Labour Relations Agency Annual Report and Accounts 2012-2013 (DEL)

Criminal Justice Inspection Northern Ireland Annual Report and Accounts 2012-13 (DOJ)

Northern Ireland Ombudsman Resource Accounts 2012- 2013 (OFMDFM)

Livestock and Meat Commission for Northern Ireland Annual Report and Accounts for the year ended 31 March 2013 (DARD)

Council for the Curriculum, Examinations and Assessment Annual Report and Accounts 2012-2013 (DE)

Northern Ireland Authority for Utility Regulation Resource Accounts for Year Ended 31 March 2013 (DFP)

Youth Council for Northern Ireland Annual Report and Accounts for the year ended 31 March 2013 (DE)

Council for Catholic Maintained Schools Annual Report and Accounts for the year ended 31 March 2013 (DE)

Northern Ireland Audit Office Annual Report and Accounts for the year ended 31 March 2013 (DFP)

Department of Finance and Personnel Resource Accounts for the year ended 31 March 2013 (DFP)

Department of Finance and Personnel Superannuation and Other Allowances Resource Accounts for the year ended 31 March 2013 (DFP)

Department for Regional Development Resource Accounts for the year ended 31 March 2013 (DFP)

Department of the Environment Resource Accounts for the year ended 31 March 2013 (DFP)

Department of Enterprise, Trade and Investment Resource Accounts for the year ended 31 March 2013 (DFP)

Department of Justice Annual Report and Resource Accounts for the year ended 31 March 2013 (DFP)

Department of Education Resource Accounts for the year ended 31 March 2013 (DFP)

Department of Culture, Arts and Leisure Resource Accounts for the year ended 31 March 2013 (DFP)

Department for Social Development Resource Accounts for the year ended 31 March 2013 (DFP)

Department of Health, Social Services and Public Safety Resource Accounts for the year ended 31 March 2013 (DFP)

Department of Education - Teachers' Superannuation Annual Scheme Statements for the year ended 31 March 2013 (DFP)

Department for Employment and Learning Resource Accounts for the year ended 31 March 2013 (DFP)

Northern Ireland Assembly Resource Accounts for the year ended 31 March 2013 (DFP)

Department of Health, Social Services and Public Safety HSC Pension Scheme Accounts for the year ended 31 March 2013 (DFP)

The Patient and Client Council Annual Report and Accounts for the year ended 31 March 2013 (DHSSPS)

Northern Ireland Fire and Rescue Service Annual Report and Statement of Accounts 2012-2013 (DHSSPS)

Northern Ireland Courts and Tribunals Service Investment Accounts for the year ended 31 March 2013 (DOJ)

Food Standards Agency in Northern Ireland Resource Accounts 2012-2013 (DFP)

Health Protection Agency Annual Report and Accounts 2012-2013 (DHSSPS)

5. Assembly Reports

6. Statutory Rules

S. R. 2013/172 The New Firefighters' Pension Scheme (Amendment) (No. 2) Order (Northern Ireland) 2013 (DHSSPS)

S. R. 2013/178 The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations (Northern Ireland) 2013 (DHSSPS)

S. R. 2013/180 The Specified Products from China (Restriction on First Placing on the Market) (Amendment) Regulations (Northern Ireland) 2013 (DHSSPS)

S. R. 2013/182 The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (DSD)

S. R. 2013/183 Local Government (Severance Payments to Councillors) Regulations (Northern Ireland) 2013 (DOE)

For Information Only:

S. R. 2013/174 The Renewables Obligation (Amendment No. 2) Order (Northern Ireland) 2013 (DETI)

S. R. 2013/176 The Road Races (Mid-Antrim 150 ) Order (Northern Ireland) 2013 (DRD)

S. R. 2013/177 The Control of Traffic (Belfast City Centre) Order (Northern Ireland) 2013 (DRD)

S. R. 2013/179 The Local Government (Statutory Transition Committees) Regulations (Northern Ireland) 2013

Draft S. R. 2013 The Controlled Waste (Seizure of Property) Regulations (Northern Ireland) 2013 (DOE)

7. Written Ministerial Statements

8. Consultation Documents

Consultation on Northern Ireland Law Commission Report on Bail in Criminal Proceedings (DOJ)

Consultation on Proposed Amendments to the Gas (Applications for Licenses and Extensions) Regulations (Northern Ireland) 1996 and the Published Criteria July 2013 (DETI)

Draft Controlled Waste (Seizure of Property) Regulations (Northern Ireland) 2013 (DOE)

9. Departmental Publications

Urban Regeneration and Community Development Policy Framework July 2013 (DSD)

The Commissioner for Public Appointments Northern Ireland Annual Report 2011-12 - Guardian of the Public Appointments Process (OFMDFM)

10. Agency Publications

Youth Justice Agency Business Plan 2013 – 2014 (DOJ)

11. Westminster Publications

12. Miscellaneous Publications

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