Minutes of Proceedings

Session: 2012/2013

Date: 13 May 2013

Venue: Assembly 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 – Opposition to cuts to Health Service dental care

Mr Kieran McCarthy was granted leave, in accordance with Standing Order 22, to present a Public Petition relating to opposing cuts to Health Service dental care.

3. Executive Committee Business

3.1 Further Consideration Stage: Marine Bill (NIA 5/11-15)

The Minister of the Environment moved the Further Consideration Stage of the Marine Bill.

8 amendments were tabled to the Bill.

Debate ensued.

The sitting was suspended at 2.20pm for Question Time. 

The sitting resumed at 2.30pm, with the Principal Deputy Speaker (Mr McLaughlin) in the Chair.

4. Question Time

4.1 Employment and Learning 

Questions were put to, and answered by, the Minister for Employment and Learning, Dr Stephen Farry.

4.2 Enterprise, Trade and Investment

Questions were put to, and answered by, the Minister of Enterprise, Trade and Investment, Mrs Arlene Foster.

The Speaker took the Chair.

5. Executive Committee Business (Cont’d)

5.1 Further Consideration Stage: Marine Bill (NIA 5/11-15)

Clauses

After debate, Amendment 1 to Clause 10 was negatived without division.

After debate, Amendment 2 to Clause 10 was negatived without division.

As Amendment 1 was not made, Amendment 3 was not called.

As Amendment 1 was not made, Amendment 4 was not called.

After debate, Amendment 5 to Clause 22 was negatived without division.

As Amendment 5 was not made, Amendment 6 was not called.

As Amendment 5 was not made, Amendment 7 was not called.

After debate, Amendment 8 to Clause 25 was negatived without division.

Bill (NIA 5/11-15) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

5.2 Motion: Social Security Benefits Up-rating Order (Northern Ireland) 2013
Proposed:

That the Social Security Benefits Up-rating Order (Northern Ireland) 2013 be approved.

Minister for Social Development

Debate ensued.

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

5.3 Motion: Child Support Maintenance Calculation Regulations (Northern Ireland) 2012
Proposed:

That the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012 be approved.

Minister for Social Development

Debate ensued.

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

5.4 Motion: The Child Support Maintenance (Changes to Basic Rate Calculation and Minimum Amount of Liability) Regulations (Northern Ireland) 2012
Proposed:

That the Child Support Maintenance (Changes to Basic Rate Calculation and Minimum Amount of Liability) Regulations (Northern Ireland) 2012 be approved.

Minister for Social Development

Debate ensued.

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

5.5 Motion: The Child Support (Management of Payments and Arrears) (Amendment) Regulations (Northern Ireland) 2012
Proposed:

That the Child Support (Management of Payments and Arrears) (Amendment) Regulations (Northern Ireland) 2012 be approved.

Minister for Social Development

Debate ensued.

The Question being put, the Motion was carried without division

6. Private Members’ Business

6.1 Motion: Child Poverty Targets
Proposed:

That this Assembly notes the Office of the First Minister and deputy First Minister's report 'Improving Children's Life Chances - the second year', which details that 93,000 children are currently living in poverty, and the report by the Joseph Rowntree Foundation 'Monitoring Poverty and Social Exclusion in Northern Ireland 2012' which details that 120,000 children are currently living in poverty; acknowledges that further welfare cuts will only act to exacerbate this situation; and calls on the Office of the First Minister and deputy First Minister to bring forward legislation to ensure that we have our own child poverty targets separate from those of the Westminster parliament.      

Mr C Eastwood
Mr M Durkan
Mrs D Kelly

The Deputy Speaker (Mr Beggs) took the Chair

Debate ensued.

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

7. Assembly Business

7.1 Motion - Extension of sitting on Monday 13 May 2013 under SO 10(3A)
Proposed:

That, in accordance with Standing Order 10(3A), the sitting on Monday 13 May 2013 be extended to no later than 7.30pm.

Mr P Weir

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

8. Private Members’ Business (Cont’d)

8.1 Motion: Energy Costs
Proposed:

That this Assembly recognises that energy costs are of concern to businesses and consumers; congratulates the Minister of Enterprise, Trade and Investment and the Minister of Finance and Personnel for successfully negotiating a derogation from the Carbon Price Floor for Northern Ireland; notes that this negotiation prevented an increase in local energy bills of between 10 and 15 percent, which would have had a detrimental impact on households and businesses; and calls on the Minister of Enterprise, Trade and Investment to continue to work with industry to keep energy affordable.

Mr R Newton
Mr P Frew
Mr G Dunne

Debate ensued.

The Deputy Speaker (Mr Dallat) took the Chair.

The Question being put, the Motion was carried without division

9. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 6.52pm

Mr William Hay
The Speaker

13 May 2013

Northern Ireland Assembly

13 May 2013
Division

Motion: Child Poverty Targets
Proposed:

That this Assembly notes the Office of the First Minister and deputy First Minister's report 'Improving Children's Life Chances - the second year', which details that 93,000 children are currently living in poverty, and the report by the Joseph Rowntree Foundation 'Monitoring Poverty and Social Exclusion in Northern Ireland 2012' which details that 120,000 children are currently living in poverty; acknowledges that further welfare cuts will only act to exacerbate this situation; and calls on the Office of the First Minister and deputy First Minister to bring forward legislation to ensure that we have our own child poverty targets separate from those of the Westminster parliament.      

Mr C Eastwood
Mr M Durkan
Mrs D Kelly

The Question was put and the Assembly divided.

Ayes: 28
Noes: 56

AYES

Mr Agnew, Mr D Bradley, Mr Byrne, Mrs Cochrane, Mr Cree, Mr Dallat, Mr Dickson, Mrs Dobson, Mr Durkan, Mr Eastwood, Mr Elliott, Mr Gardiner, Mrs D Kelly, Mr Kennedy, Mr Kinahan, Mr Lunn, Mr Lyttle, Mr McCarthy, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McGlone, Mr A Maginness, Mr Nesbitt, Mrs Overend, Mr P Ramsey, Mr Rogers, Mr Swann.

Tellers for the Ayes: Mr A Maginness and Mr McGlone

NOES

Mr Allister, Mr Anderson, Mr Bell, Mr Boylan, Ms P Bradley, Mr Brady, Ms Brown, Mr Buchanan, Mr Campbell, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mr Irwin, Mr G Kelly, Mr Lynch, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr I McCrea, Mr McElduff, Ms McGahan, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Milne, Lord Morrow, Mr Moutray, Ms Ní Chuilín, Mr Ó hOisín, Ms S Ramsey, Mr G Robinson, Mr P Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Spratt, Mr Storey, Mr Weir, Mr Wilson.

Tellers for the Noes: Ms Fearon and Mr G Robinson

Question accordingly negatived.

Marine Bill
Marshalled List of Amendments
Further Consideration Stage
Monday 13 May 2013

Amendments tabled up to 9.30am Thursday, 9 May 2013 and selected for debate

Amendment 1 [Negatived]

Clause 10, Page 7, Line 36

At end insert -

‘(c) that the document, or part of the document, is irrational;

(d) that the document, or part of the document, is incompatible with any of the Convention rights.’

Mr Steven Agnew

Amendment 2 [Negatived] 

Clause 10, Page 7, Line 38

At end insert -

‘(5A) Notwithstanding the generality of subsection (4), applications under that subsection may be made by¾

(a)  a natural or legal person affected or likely to be affected by, or having an interest in, the relevant document;

(b) a non-governmental organisation promoting environmental protection.’

Mr Steven Agnew

Amendment 3 [Not Called] 

Clause 11, Page 8, Line 15

At end insert -

‘(c) that the document, or part of the document, is irrational;

(d) that the document, or part of the document, is incompatible with any of the Convention rights.’

Mr Steven Agnew

Amendment 4 [Not Called] 

Clause 12, Page 8, Line 39

At end insert -

‘ “the Convention rights” has the same meaning as in the Human Rights Act 1998;’

Mr Steven Agnew

Amendment 5 [Negatived] 

Clause 22, Page 16, Line 7

At end insert -

‘(8A) Where the authority has given notice under subsection (5), it should only proceed with the act if it is satisfied that—

(a)  there is no other means of proceeding with the act which would create a substantially lower risk of hindering the achievement of conservation objectives stated for the MCZ,

(b) the benefit to the public of proceeding with the act clearly outweighs the risk of damage to the environment that will be created by proceeding with it, and

(c)  where possible, the authority will undertake, or make arrangements for the undertaking of, measures of equivalent environmental benefit to the damage which the act will or is likely to have in or on the MCZ.

(8B) The reference in subsection (8A)(a) to other means of proceeding with an act includes a reference to proceeding with it—

(a)  in another manner, or

(b) at another location.’

Mr Steven Agnew

Amendment 6 [Not Called] 

Clause 24, Page 17, Line 40

Leave out ‘section’ and insert ‘sections 22(8A)(c) and’

Mr Steven Agnew

Amendment 7 [Not Called] 

Clause 25, Page 18, Line 7

After ‘section 22(2)’ insert ‘, or the duty imposed by section 22(8A),’

Mr Steven Agnew

Amendment 8 [Negatived] 

Clause 25, Page 18, Line 12

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

‘(a) if the achievement of the conservation objectives stated for an MCZ is hindered as a result of the failure, a public authority is, unless there was a reasonable excuse for the failure, guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine; and

(b) in all other cases the Department must request from the public authority an explanation for the failure and the public authority must provide the Department with such an explanation in writing within the period of 28 days from the date of the request or such longer period as the Department may allow.’

Mr Steven Agnew

Northern Ireland Assembly

Papers Presented to the Assembly on
8 May – 13 May 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

16th Report of the Financial Reporting Advisory Board Report for the period April 2012 to March 2013 (DFP)

Guidance for Forensic Science Northern Ireland on International Human Rights Standards by the Attorney General for Northern Ireland (Attorney General)

Guidance for the State Pathologist's Department on International Human Rights Standards by the Attorney General for Northern Ireland (Attorney General)

Finding the Balance: matching human resources with priorities in the Police Service of Northern Ireland May 2013 (DOJ)

An inspection of community supervision by the Probation Board for Northern Ireland May 2013 (DOJ)

Disposal of Records Schedule for (Name of School) (DCAL)

Northern Ireland Education and Library Boards Retention and Disposal of Records Schedule (DCAL)

5. Assembly Reports

Final Report on the Committee’s Inquiry into Used Tyre Disposal (NIA 112/11-15) (Committee for the Environment)

Report of the Examiner of Statutory Rules to the Assembly and the Appropriate Committees (NIA 113/11-15) (Examiner of Statutory Rules)

6. Statutory Rules

S. R. 2013/118 The Scrapie (Fees) (Amendment) Regulations (Northern Ireland) 2013 (DARD)

S. R. 2013/127 The Disposal of Vehicles (Prescribed Period) Regulations (Northern Ireland) 2013 (DRD)

For Information Only:

7. Written Ministerial Statements
8. Consultation Documents

Blue Badge Scheme in Northern Ireland (DRD)

Single Tier Taxi Licensing (DOE)

Industry Noise Action Plan drafted pursuant to the Environmental Noise Regulations (Northern Ireland) 2006 (DOE)

9. Departmental Publications

Steps 2 Success (NI): Response to Consultation (DEL)

10. Agency Publications
11. Westminster Publications

Crime and Courts Act 2013 Chapter 22

Enterprise and Regulatory Reform Act 2013 Chapter 24

12. Miscellaneous Publications

Find Your MLA

tools-map.png

Locate your local MLA

Find MLA

News and Media Centre

tools-media.png

Read press releases, watch live and archived video

Find out more

Follow the Assembly

tools-social.png

Keep up to date with what’s happening at the Assem

Find out more

Contact information

tools-newsletter.png

Contact us for further information about our work.

Contact us