Minutes of Proceedings

Session: 2012/2013

Date: 24 September 2012

Venue: Assembly Chamber

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

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Assembly Business

2.1 Motion - Exclusion of Minister from office under section 30 of the Northern Ireland Act 1998

Proposed:

That this Assembly, in accordance with section 30 of the Northern Ireland Act 1998, resolves that the Minister for Social Development no longer enjoys the confidence of the Assembly and that he be excluded from holding office as a Minister or junior Minister for a period of three months because he failed to observe the terms of paragraphs (cd) and (g) of the pledge of office and the sixth paragraph of the Ministerial Code of Conduct, in that he failed to promote good community relations and did not condemn actions which were contrary to the rule of law in his public response on 25th August 2012 to the sectarian behaviour of the Young Conway Volunteers flute band on 12th July 2012 and their illegal violations of a Parades Commission determination.

Dr A McDonnell
Ms C Ruane
Mrs D Kelly
Mr R McCartney

Debate ensued.

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

3. Executive Committee Business

3.1 Motion - The Draft Landlord Registration Scheme Regulations (Northern Ireland) 2012

Proposed:

That the Draft Landlord Registration Scheme Regulations (Northern Ireland) 2012 be approved.

Minister for Social Development

Debate ensued.

The Deputy Speaker (Mr Dallat) took the Chair.

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

3.2 Motion - The Draft Tenancy Deposit Schemes Regulations (Northern Ireland) 2012

Proposed:

That the Draft Tenancy Deposit Schemes Regulations (Northern Ireland) 2012 be approved.

Minister for Social Development

Debate ensued.

The debate was suspended for Question Time.

4. Question Time
4.1 Agriculture and Rural Development  

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

4.2 Culture, Arts and Leisure  

Questions were put to, and answered by, the Minister of Education, Mr John O’Dowd, on behalf of the Minister of Culture, Arts and Leisure, Ms Carál Ní Chuilín.

5. Executive Committee Business (Cont’d)

5.1 Motion - The Draft Tenancy Deposit Schemes Regulations (Northern Ireland) 2012 (Cont’d)

Debate resumed on the Motion.

The Deputy Speaker (Mr Beggs) took the Chair.

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

6. Committee Business

6.1 Motion - Extension of Committee Stage: The Criminal Justice Bill (NIA Bill 10/11-15)

Proposed:

That, in accordance with Standing Order 33(4), the period referred to in Standing Order 33(2) be extended to 14 December 2012, in relation to the Committee Stage of the Criminal Justice Bill (NIA Bill 10/11-15).

Chairperson, Committee for Justice

Debate ensued.

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

7. Private Members’ Business

7.1 Motion - Payment of Housing Benefit

Proposed:

That this Assembly calls on the Minister for Social Development to retain the direct payment of Housing Benefit to social landlords, following the anticipated introduction of Universal Credit, to avoid rent defaults and potential homelessness.

Mr M Durkan
Mr P McGlone

7.2 Amendment

Proposed:

Leave out all after 'Development' and insert:

'to secure, with the Department for Work and Pensions, the IT functionality to allow the choice to make direct payment of Housing Benefit to both social and private landlords following the introduction of Universal Credit, thereby helping vulnerable people to avoid rent defaults and potential homelessness.'

Ms P Bradley
Mr A Easton
Ms P Brown

Debate ensued.

The Question being put, the Amendment was made without division.

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

7.3 Motion - Animal Cruelty

Proposed:

That this Assembly calls on the Minister of Agriculture and Rural Development to extend the sentences available for deliberate and severe animal cruelty to include longer periods of imprisonment to ensure that perpetrators receive a punishment that fits the crime.

Mr G Robinson
Mr T Buchanan
Ms P Bradley
Mr J Wells

7.4 Amendment

Proposed:

Leave out ‘extend the’ and insert:

‘support the full use of the extended’

Mr O McMullan
Mr C Hazzard
Mr D McAleer

Debate ensued.

The Principal Deputy Speaker (Mr Molloy) took the Chair.

The Question being put, the Amendment fell without division.

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

8. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 6.18pm.

Mr William Hay
The Speaker
24 September 2012

Northern Ireland Assembly

24 September 2012
Division

Exclusion of Minister from office under section 30 of the Northern Ireland Act 1998 - Motion

Proposed:

That this Assembly, in accordance with section 30 of the Northern Ireland Act 1998, resolves that the Minister for Social Development no longer enjoys the confidence of the Assembly and that he be excluded from holding office as a Minister or junior Minister for a period of three months because he failed to observe the terms of paragraphs (cd) and (g) of the pledge of office and the sixth paragraph of the Ministerial Code of Conduct, in that he failed to promote good community relations and did not condemn actions which were contrary to the rule of law in his public response on 25th August 2012 to the sectarian behaviour of the Young Conway Volunteers flute band on 12th July 2012 and their illegal violations of a Parades Commission determination.

Dr A McDonnell
Ms C Ruane
Mrs D Kelly
Mr R McCartney

The Question was put and the Assembly divided.

Ayes: 47
Noes: 49

Ayes

Nationalist

Mr Attwood, Mr Boylan, Mr D Bradley, Mr Brady, Mr Byrne, Mr Dallat, Mr Durkan, Mr Eastwood, Ms Fearon, Mr Flanagan, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr McAleer,
Mr F McCann, Mr McCartney, Ms McCorley, Mr McDevitt, Dr McDonnell, Mr McElduff,
Ms McGahan, Mr McGlone, Mr McKay, Mrs McKevitt, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Molloy, Mr Ó hOisín, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Unionist

Mr McClarty.

Other

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

Tellers for the Ayes: Mr Lynch and Mrs McKevitt.

Noes

Unionist

Mr Allister, Mr Anderson, Mr Beggs, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan,
Mr Campbell, Mr Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton,
Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCausland,
Mr I McCrea, Mr McGimpsey, Mr D McIlveen, Miss M McIlveen, Mr McNarry, Mr McQuillan,
Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson,
Rt Hon P Robinson, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Ms P Bradley and Mr Humphrey.

Total votes                               96                           Total Ayes                            47           [49.0%]

Nationalist Votes                    37                           Nationalist Ayes                  37           [100%%]

Unionist Votes                         50                           Unionist Ayes                       1             [2.0% ]

Other Votes                             9                             Other Ayes                           9             [100.0% ]

The Motion was negatived on a cross-community vote.  

Northern Ireland Assembly

Papers Presented to the Assembly on
19 - 24 September 2012

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

Census 2011 - Population and Household Estimates by Local Government District for Northern Ireland Report (DFP)

5. Assembly Reports

Report on a complaint by Mr Jason Johnston against Mr David McIlveen MLA (NIA 63/11-15) (Committee on Standards and Privileges)

Second Report of the Examiner of Statutory Rules (Session 2012-13) (NIA 72/11-15)

6. Statutory Rules

(The department identified after each rule is for reference purposes only)

  • S.R. 2012/335 The Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012 (DARD)
  • S.R. 2012/354 The Motor Vehicles (Driving Licences) (Fees) (Amendment) Regulations (Northern Ireland) 2012 (DOE)

For Information Only:

  • S.R. 2012/334 (C.30) The Assembly Members (Independent Financial Review and Standards) (2011 Act) (Commencement) Order (Northern Ireland) 2012 (Assembly Commission)
  • S.R. 2012/337 The Road Traffic (2007 Order) (Commencement No.5) (Amendment) Order (Northern Ireland) 2012 (DOE)
  • S.R 2012/342 The Cycle Routes (Amendment No.4) Order (Northern Ireland) 2012 (DRD)
  • S.R 2012/343 The Waiting Restrictions (John Street, Castlederg) Order (Northern Ireland) 2012 (DRD)
  • S.R. 2012/344 The Waiting Restrictions (Springfield Road, Belfast) Order (Northern Ireland) 2012 (DRD)
  • S.R. 2012/345 The Roads (Speed Limit) (No.3) Order (Northhern Ireland) 2012 (DRD)
  • S.R 2012/346 The Parking Places and Loading Bays on Roads (Londonderry) (Amendment No.2) Order (Northern Ireland) 2012 (DRD)
  • S.R. 2012/348 The On-Street Parking (Amendment No.3) Order (Northern Ireland) 2012 (DRD)
  • S.R. 2012/347 The Parking Places (Disabled Persons' Vehicles) (Amendment No.5) Order (Northern Ireland) 2012 (DRD)
  • S.R 2012/350 The Waiting Restrictions (Dundonald) Order (Northern Ireland) 2012 (DRD)
  • S.R 2012/351 The Waiting Restrictions (Dungannon) (Amendment) Order (Northern Ireland) 2012 (DRD)
  • S.R 2012/352 The Waiting Restrictions (Londonderry) (Amendment No.2) Order (Northern Ireland) 2012 (DRD)
  • S.R 2012/353 The Cycle Routes (Amendment No.5) Order (Northern Ireland) 2012 (DRD)
7. Written Ministerial Statements
8. Consultation Documents

Who Cares? The Future of Adult Care and Support in Northern Ireland (DHSSPS)

9. Departmental Publications

Statistics of Scientific Procedures on Living Animals Northern Ireland 2011 (DHSSPS)

Department of Finance and Personnel - Collaborative Procurement and Aggregated Demand (NIAO)

Legislative Consent Memorandum for Enterprise and Regulatory Reform Bill (DETI)

Legislative Consent Memorandum for the Mental Health (Discrimination) (No.2) Bill 2012 (DETI)

10. Agency Publications
11. Westminster Publications
12. Miscellaneous Publications

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