Minutes of Proceedings

Session: 2012/2013

Date: 19 March 2013

Venue: Assembly Chamber

The Assembly met at 10.30am, the Speaker in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Matter of the Day

2.1 Mortar Bomb find outside the New Barnsley Police Station

Mr Conall McDevitt made a statement, under Standing Order 24, in relation to the mortar bomb find outside New Barnsley Police Station. Other Members were also called to speak on the matter.

3. Speaker’s Business

3.1 Royal Assent

The Speaker advised Members that Royal Assent had been signified on 14 March 2013 to the Budget Act (Northern Ireland) 2013.

4. Public Petitions

4.1 Public Petition – Strabane Campaign for Jobs

Mr Joe Byrne was granted leave, in accordance with Standing Order 22, to present a Public Petition relating to the Strabane campaign for jobs.

5. Executive Committee Business

5.1 Statement - Northern Ireland Prison Service Estate Strategy

The Minister of Justice, Mr David Ford, made a statement regarding the Northern Ireland Prison Service Estate Strategy, following which he replied to questions.

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

5.2 Statement - Update on Transforming Your Care

The Minister of Health, Social Services and Public Safety, Mr Edwin Poots, made a statement regarding Transforming Your Care, following which he replied to questions.

5.3 Statement - North South Ministerial Council meeting in Language Sectoral Format

The Minister of Culture, Arts and Leisure, Ms Carál Ní Chuilín, made a statement regarding the North South Ministerial Council meeting in Language sectoral format, held on 6 March 2013, following which she replied to questions.

The sitting was suspended at 12.53pm.

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

6. Question Time

6.1 Enterprise, Trade and Investment

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

6.2 Regional Development

Questions were put to, and answered by, the Minister for Regional Development, Mr Danny Kennedy.

6.3 Finance and Personnel

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

6.4 Health, Social Services and Public Safety

Questions were put to, and answered by, the Minister of Health, Social Services and Public Safety, Mr Edwin Poots.

7. Executive Committee Business (Cont’d)

7.1 Assembly Consent Motion - The Public Bodies (Abolition of British Shipbuilders) Order 2013               

Proposed:

That this Assembly consents to The Public Bodies (Abolition of British Shipbuilders) Order 2013 in the form of the draft laid before the UK Parliament on 1 November 2012.

Minister of Enterprise, Trade and Investment

The Speaker took the Chair.

Debate ensued.

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

7.2 Assembly Consent Motion - The Public Bodies (Abolition of the Aircraft and Shipbuilding Industries Arbitration Tribunal) Order 2013

Proposed:

That this Assembly consents to The Public Bodies (Abolition of the Aircraft and Shipbuilding Industries Arbitration Tribunal) Order 2013 in the form of the draft laid before the UK Parliament on 1 November 2012.

Minister of Enterprise, Trade and Investment

Debate ensued.

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

8. Private Members’ Business

8.1 Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15)

The sponsor of the Bill, Jim Allister, moved the Consideration Stage of the Civil Service (Special Advisers) Bill.

44 amendments were tabled to the Bill.

Clauses

After debate, Amendment 1 to clause 1 was made without division.

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

The Deputy Speaker (Mr Beggs) took the Chair.

The Speaker took the Chair.

After debate, Amendment 2 to Clause 2 was made (Division 1).

As Amendment 2 was made, Amendments 3 and 4 were not called.

After debate, Amendment 5 to Clause 2 was made without division.

After debate, Amendment 6 to Clause 2 was negatived without division.

After debate, Amendment 7 to Clause 2 was negatived (Division 2).

After debate, Amendment 8 to Clause 2 was made (Division 3).

After debate, Amendments 9 and 10 to Clause 2 were made without division.

The question being put, it was agreed on division that Clause 2 as amended stand part of the Bill (Division 4).

After debate, it was agreed on division, that Amendment 11 be made and that the new Clause 2A stand part of the Bill (Division 5).

After debate, Amendment 12, inserting a new clause after clause 2, was negatived (Division 6).

After debate, Amendment 13, inserting a new clause after clause 2, was negatived (Division 7).

As Amendments 12 and 13 were not made, Amendments 14 and 15 were not called.

As Amendments 3 and 6 were not made and Amendment 11 was made, Amendment 16 was not called.

After debate, it was agreed on division, that Amendment 17 be made and that the new Clause 2B stand part of the Bill (Division 8).

After debate, Amendment 18 to Clause 3 was made without division.

After debate, Amendment 19 to Clause 3 was made without division.

After debate, Amendment 20 to Clause 3 was made without division.

After debate, Amendment 21 to Clause 3 was made without division.

After debate, Amendment 22 to Clause 3 was made without division.

The question being put, it was agreed on division that Clause 3 as amended stand part of the Bill (Division 9).

As Amendments 3, 4, 7, 12, 13 and 16 were not made, Amendment 23 was not called.

After debate, Amendment 24 to Clause 4 was made without division.

The question being put, it was agreed on division that Clause 4 as amended stand part of the Bill (Division 10).

After debate, Amendment 25 to Clause 5 was made without division.

After debate, Amendments 26, 27 and 28 to Clause 5 were made without division.

After debate, Amendment 29 to Clause 5 was made without division.

The question being put, it was agreed on division that Clause 5 as amended stand part of the Bill (Division 11).

After debate, Amendment 30 to Clause 6 was made without division.

After debate, Amendment 31 to Clause 6 was made (Division 12).

After debate, Amendment 32 to Clause 6 was made (Division 13).

As Amendment 32 was made, Amendments 33 and 34 were not called.

Amendment 35 was not moved.

Amendment 36 was not moved.

The question being put, it was agreed on division that Clause 6 as amended stand part of the Bill (Division 14).

As Clause 6 as amended had been ordered to stand part of the Bill, Amendment 37 was not called.

The question being put, it was agreed without division that Clause 7 stand part of the Bill.

After debate, Amendment 38 to Clause 8 was made without division.

After debate, Amendment 39 to Clause 8 was made without division.

After debate, Amendment 40 to Clause 8 was made without division.

The question being put, it was agreed without division that Clause 8 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 9 stand part of the Bill.

After debate, Amendment 41 to Clause 10 was made without division.

As Amendments 12 and 13 were not made, Amendment 42 was not called.

As Amendments 6, 16 and 23 were not made, and Amendment 41 was made, Amendment 43 was not called.

After debate, Amendment 44 to Clause 10 was made without division.

The question being put, it was agreed without division that Clause 10 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 11 stand part of the Bill.

Schedules

The question being put, it was agreed without division that the Schedule 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.

Bill NIA 12/11-15 stood referred to the Speaker.

The Deputy Speaker (Mr Beggs) took the Chair.

8.2 Motion: EU Regional Aid

The following Motion stood on the Order Paper in the names of Mr Robin Newton, Mr Paul Frew and Mr Gordon Dunne.

That this Assembly recognises the positive effect that Northern Ireland's 100 percent coverage for EU Regional Aid has had on the economy; believes that it has been significant in aiding economic growth and inward investment; is concerned that removing this automatic coverage would have a detrimental impact on the economy, jobs and growth; and calls on the Minister of Enterprise, Trade and Investment to continue to lobby the Government at Westminster and the European Commission to ensure that EU Regional Aid is retained for all of Northern Ireland.

The Motion was not moved.

9. Adjournment

Mr Raymond McCartney spoke to his topic regarding the ‘Together Towards Tomorrow’ report on the post primary review process.

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 11.24pm.

Mr William Hay
The Speaker
19 March 2013

Northern Ireland Assembly
19 March 2013
Division 1

Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15) – Amendment 2

Proposed:

Clause 2, Page 1, Line 9

Leave out subsection (1) and insert -

‘(1) Subject to subsection (2) and section (Determination of eligibility of special advisers by Commissioners (Amendment 11)), a person is not eligible for appointment as a special adviser if the person has a serious criminal conviction.

(2) Where a Minister proposes to appoint as a special adviser a person who has a serious criminal conviction, that person may refer the proposed appointment to the Commissioners.’

Mr Allister

Question put, That the amendment be made.

The Assembly divided.

Ayes: 48
Noes: 36

AYES

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McNarry, Mr McQuillan, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr Allister and Mr McNarry

NOES

Mr Agnew, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Durkan, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McDevitt, 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, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Boylan and Mr Sheehan.

The following Members voted in both Lobbies and are therefore not counted in the result: Mrs Cochrane, Ms Lo, Mr Lunn, Mr Lyttle

Question accordingly agreed to.

Northern Ireland Assembly
19 March 2013
Division 2

Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15) – Amendment 7

Proposed:

Clause 2, Page 1, Line 17

At end insert -

‘, but this is subject to section (Exception for conflict-related offences: procedure for existing appointees).’

Mr M McLaughlin
Ms M Fearon

Question put, That the amendment be made.

The Assembly divided.

Ayes: 27
Noes: 61

AYES

Mr Boylan, Ms Boyle, Mr Brady, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr McKay, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Molloy, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Boylan and Mr Sheehan

NOES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Mr D Bradley, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Byrne, Mr Clarke, Mrs Cochrane, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy,  Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr McDevitt, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr McNarry, Mr McQuillan, Mr A Maginness, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Rogers, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Mr Allister and Mr McNarry

Question accordingly negatived.

Northern Ireland Assembly
19 March 2013
Division 3

Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15) – Amendment 8

Proposed:

Clause 2, Page 1, Line 17

At end insert -

‘( ) but a person to whom subsection (3) will apply may refer the appointment to the Commissioners, within 21 days of this subsection coming into operation.’

Mr J Allister

Question put, That the amendment be made.

The Assembly divided.

Ayes: 53
Noes: 27

AYES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Clarke, Mrs Cochrane, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McNarry, Mr McQuillan, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr Allister and Mr McNarry

NOES

Mr Boylan, Ms Boyle, Mr Brady, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr McKay, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Molloy, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Boylan and Mr Sheehan

Question accordingly agreed to.

Northern Ireland Assembly
19 March 2013
Division 4

Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15) – Clause 2, as amended, stand part of the Bill

Question put, That the clause, as amended, stand part of the Bill.

The Assembly divided.

Ayes: 48
Noes: 36

AYES

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McNarry, Mr McQuillan, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr Allister and Mr McNarry

NOES

Mr Agnew, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Durkan, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McDevitt, 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, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Boylan and Mr Sheehan

Question accordingly agreed to.

Clause 2, as amended, ordered to stand part of the Bill.

Northern Ireland Assembly
19 March 2013
Division 5

Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15) – Amendment 11

Proposed:

After clause 2 insert

"Determination of eligibility of special advisers by Commissioners

2A.—(1) Where—

(a) a proposed appointment is referred to the Commissioners under section 2(2- as inserted by Amendment 2), or

(b) an appointment is referred to the Commissioners under section 2(subsection as inserted by Amendment 8),

the Commissioners shall determine whether the person is eligible for appointment as, or to continue to hold appointment as, a special adviser.

(2) The Commissioners shall only determine that a person is eligible for appointment as, or to continue to hold appointment as, a special adviser, if satisfied that there are exceptional circumstances justifying it—

(a) after having regard to the matters set out in subsection (3), and

(b) in the case of a proposed appointment, after taking account of the outcome of the vetting procedures mentioned in subsection (4).

(3) Those matters are—

(a) whether the person has shown contrition for the offence to which the serious criminal conviction relates,

(b) whether the person has taken all reasonable steps to assist in the investigation and prosecution of all other persons connected with the commission of the offence,

(c) the views of any victim of the offence, or where a victim has died, the views of any close family member of the victim.

(4) The Commissioners must arrange for the proposed appointee to be the subject of the same vetting procedures as apply to the appointment of persons as Senior Civil Servants to the Northern Ireland Civil Service.”

Mr J Allister

Question put, That the amendment be made.

The Assembly divided.

Ayes: 46
Noes: 36

AYES

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

Tellers for the Ayes: Mr Allister and Mr McNarry

NOES

Mr Agnew, Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Durkan, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McDevitt, 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, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Boylan and Mr Sheehan.

The following Members voted in both Lobbies and are therefore not counted in the result: Mrs Cochrane, Ms Lo, Mr Lunn, Mr Lyttle

Question accordingly agreed to.

New clause ordered to stand part of the Bill.

Northern Ireland Assembly
19 March 2013
Division 6

Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15) – Amendment 12

Proposed:

After clause 2 insert

Exception for conflict-related offences: procedure for proposed appointees

2A.—(1) Where a Minister proposes to appoint as a special adviser a person who has incurred a serious criminal conviction for a conflict-related offence, the Minister must refer the matter to the First Minister and deputy First Minister.

(2) The First Minister and deputy First Minister, acting jointly, must within 14 days of the referral, establish a review panel in accordance with section (Exception for conflict-related offences: review panel) and refer the matter to it.

(3) The review panel must arrange for the proposed appointee to be the subject of the vetting procedures referred to in section 6.

(4) Subject to the outcome of those procedures, the review panel must determine that the proposed appointee is eligible for appointment, unless satisfied that the nature of the proposed appointee's role as a special adviser is manifestly incompatible with the circumstances of the conflict-related offence.’

Mr M McLaughlin
Ms M Fearon

Question put, That the amendment be made.

The Assembly divided.

Ayes: 27
Noes: 61

AYES

Mr Boylan, Ms Boyle, Mr Brady, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr McKay, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Molloy, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Boylan and Mr Sheehan

NOES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Mr D Bradley, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Byrne, Mr Clarke, Mrs Cochrane, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr McDevitt, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr McNarry, Mr McQuillan, Mr A Maginness, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Rogers, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Mr Allister and Mr McNarry

Question accordingly negatived.

Northern Ireland Assembly
19 March 2013
Division 7

Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15) – Amendment 13

Proposed:

After clause 2 insert:

"Exception for conflict-related offences: procedure for existing appointees

2B.—(1) This section applies if, on the date of its coming into operation—

(a) a person holds an appointment as a special adviser,

(b) the person has before that date incurred a serious criminal conviction, and

(c) the serious criminal conviction was for a conflict-related offence.

(2) The Minister who appointed that person may, within 21 days of the coming into operation of this section, and after consultation with the person, refer the matter to the First Minister and deputy First Minister.

(3) The First Minister and deputy First Minister, acting jointly, must within 14 days of the referral, establish a review panel in accordance with section (Exception for conflict-related offences: review panel) and refer the matter to it.

(4) The review panel must determine that the person's appointment will not be, or is not, terminated by virtue of this Act, unless satisfied that the nature of the person's role as a special adviser is manifestly incompatible with the circumstances of the conflict-related offence.”

Mr M McLaughlin
Ms M Fearon

Question put, That the amendment be made.

The Assembly divided.

Ayes: 27
Noes: 61

AYES

Mr Boylan, Ms Boyle, Mr Brady, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr McKay, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Molloy, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Boylan and Mr Sheehan

NOES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Mr D Bradley, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Byrne, Mr Clarke, Mrs Cochrane, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr McDevitt, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr McNarry, Mr McQuillan, Mr A Maginness, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Rogers, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Mr Allister and Mr McNarry

Question accordingly negatived.

Northern Ireland Assembly
19 March 2013
Division 8

Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15) – Amendment 17

Proposed:

After clause 2 insert

"Appeals against Commissioners' determinations

2B.—(1) Where a person who is the subject of a determination of the Commissioners is aggrieved by that determination, that person may appeal to the High Court.

(2) The appeal can only be brought on the ground that it was not reasonable for the Commissioners to make that determination.

(3) The appeal must be brought within 21 days from the day on which the Commissioners made the determination.

(4) On hearing the appeal, the High Court may make such order as it thinks fit in respect of a person’s eligibility for appointment as, or to continue to hold appointment as, a special adviser.”

Mr D Bradley
Mr A Maginness

Question put, That the amendment be made.

The Assembly divided.

Ayes: 61
Noes: 27

AYES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Mr D Bradley, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Byrne, Mr Clarke, Mrs Cochrane, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr McDevitt, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr McNarry, Mr McQuillan, Mr A Maginness, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Rogers, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr Byrne and Mr Durkan

NOES

Mr Boylan, Ms Boyle, Mr Brady, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr McKay, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Molloy, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Boylan and Mr Sheehan

Question accordingly agreed to.

New clause ordered to stand part of the Bill.

Northern Ireland Assembly
19 March 2013
Division 9

Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15) – Clause 3, as amended, stand part of the Bill

Question put, That the clause, as amended stand part of the Bill.

The Assembly divided.

Ayes: 48
Noes: 35

AYES

Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McNarry, Mr McQuillan, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr Allister and Mr McNarry

NOES

Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Durkan, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McDevitt, 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, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Boylan and Mr Sheehan.

The following Member voted in both Lobbies and is therefore not counted in the result: Mr Agnew

Question accordingly agreed to.

Clause 3, as amended, ordered to stand part of the Bill.

Northern Ireland Assembly
19 March 2013
Division 10

Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15) – Clause 4, as amended, stand part of the Bill

Question put, That the clause, as amended, stand part of the Bill.

The Assembly divided.

Ayes: 61
Noes: 27

AYES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Mr D Bradley, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Byrne, Mr Clarke, Mrs Cochrane, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr McDevitt, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr McNarry, Mr McQuillan, Mr A Maginness, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Rogers, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr Allister and Mr McNarry

NOES

Mr Boylan, Ms Boyle, Mr Brady, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr McKay, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Molloy, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Boylan and Mr Sheehan

Question accordingly agreed to.

Clause 4, as amended, ordered to stand part of the Bill.

Northern Ireland Assembly
19 March 2013
Division 11

Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15) – Clause 5, as amended, stand part of the Bill

Question put, That the clause, as amended, stand part of the Bill.

The Assembly divided.

Ayes: 60
Noes: 27

AYES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Mr D Bradley, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Byrne, Mr Clarke, Mrs Cochrane, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr McDevitt, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr McNarry, Mr McQuillan, Mr A Maginness, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Rogers, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr Allister and Mr McNarry

NOES

Mr Boylan, Ms Boyle, Mr Brady, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr McKay, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Molloy, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Boylan and Mr Sheehan

Question accordingly agreed to.

Clause 5, as amended, ordered to stand part of the Bill.

Northern Ireland Assembly
19 March 2013
Division 12

Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15) – Amendment 31

Proposed:

In page 3, line 3, at end insert

"( ) Where a Minister proposes to appoint a special adviser, such an appointment shall be subject to the terms of the code.”

Mrs J Cochrane
Mr S Dickson
Mr C Lyttle

Question put, That amendment be made.

The Assembly divided.

Ayes: 52
Noes: 35

AYES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Clarke, Mrs Cochrane, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Easton, Mr Elliott, Dr Farry, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr D McIlveen, Miss M McIlveen, Mr McQuillan, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mrs Cochrane and Ms Lo

NOES

Mr Boylan, Ms Boyle, Mr D Bradley, Mr Brady, Mr Byrne, Mr Durkan, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McDevitt, 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, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Boylan and Mr Sheehan

Question accordingly agreed to.

Northern Ireland Assembly
19 March 2013
Division 13

Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15) – Amendment 32

Proposed:

In page 3, line 4, leave out subsection (2) and insert

"(2) Without prejudice to the generality of subsection (1), the code must provide that persons proposed for appointment as special advisers—

(a) must be subject to the same vetting procedures as persons to be appointed as Senior Civil Servants to the Northern Ireland Civil Service,

(b) must not be subject to further vetting procedures if they have been subject to vetting procedures in accordance with section (Determination of eligibility of special advisers by Commissioners (Amendment 11)).”

Mr J Allister

Question put, That the amendment be made.

The Assembly divided.

Ayes: 56
Noes: 27

AYES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Mr D Bradley, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Byrne, Mr Clarke, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr McDevitt, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr McNarry, Mr McQuillan, Mr A Maginness, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Rogers, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr Allister and Mr McNarry

NOES

Mr Boylan, Ms Boyle, Mr Brady, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr McKay, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Molloy, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Boylan and Mr Sheehan

Question accordingly agreed to.

Northern Ireland Assembly
19 March 2013
Division 14

Consideration Stage: Civil Service (Special Advisers) Bill (NIA 12/11-15) – Clause 6, as amended, stand part of the Bill

Question put, That the clause, as amended, stand part of the Bill.

The Assembly divided.

Ayes: 61
Noes: 27

AYES

Mr Agnew, Mr Allister, Mr Anderson, Mr Bell, Mr D Bradley, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Byrne, Mr Clarke, Mrs Cochrane, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Durkan, Mr Easton, Mr Elliott, Dr Farry, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr Kennedy, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCausland, Mr McClarty, Mr B McCrea, Mr I McCrea, Mr McDevitt, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr McNarry, Mr McQuillan, Mr A Maginness, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr G Robinson, Mr Rogers, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr Allister and Mr McNarry

NOES

Mr Boylan, Ms Boyle, Mr Brady, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr McKay, Ms Maeve McLaughlin, Mr Mitchel McLaughlin, Mr McMullan, Mr Maskey, Mr Molloy, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Tellers for the Noes: Mr Boylan and Mr Sheehan

Question accordingly agreed to.

Clause 6, as amended, ordered to stand part of the Bill

Northern Ireland Assembly
Papers Presented to the Assembly on
13 March – 19 March 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

Funds in Court in Northern Ireland Statement of Accounts 2011-2012 (DOJ)

DFP Minute on the Direction of Accruing Resources (DFP)

Department of Culture, Arts and Leisure: Management of Major Capital Projects (NIAO)

5. Assembly Reports

Report of the Examiner of Statutory Rules to the Assembly and the Appropriate Committees 15 March 2013 (NIA 104/11-15) (Examiner of Statutory Rules)

6. Statutory Rules

S. R. 2013/60 Building (Prescribed Fees) (Amendment) Regulations (Northern Ireland) 2013 (DFP)

S. R. 2013/61 The Social Security Pensions (Flat Rate Accrual Amount) Order (Northern Ireland) 2013 (DSD)

S. R. 2013/62 The Social Security Revaluation of Earnings Factors Order (Northern Ireland) 2013 (DSD) 

S. R. 2013/63 The Social Security Pensions (Low Earnings Threshold) Order (Northern Ireland) 2013 (DSD)

S. R. 2013/65 The Guaranteed Minimum Pensions Increase Order (Northern Ireland) 2013 (DSD)

S. R. 2013/66 The Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 2013 (DHSSPS)

S. R. 2013/67 The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (DSD)

S. R. 2013/68 The Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2013 (DEL)

S. R. 2013/69 The Social Security Benefits Up-rating Order (Northern Ireland) 2013 (DSD)

S. R. 2013/70 The Social Security Benefits Up-rating Regulations (Northern Ireland) 2013 (DSD)

S. R. 2013/71 Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2013 (DOE)

S. R. 2013/72 The Occupational and Stakeholder Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (DSD)

For Information Only:

S. R. 2013/42 The Companies (Public Sector Audit) Order (Northern Ireland) 2013 (DFP)

S. R. 2013/64 The Parking Places (Disabled Persons' Vehicles) (Amendment No. 2) Order (Northern Ireland) 2013 (DRD)

7. Written Ministerial Statements

Bamford Action Plan (DHSSPS)

Status of Compensation Agency (DOJ)

8. Consultation Documents

Equality Consultation for a Proposed Justice Bill (NI) 2013 (DOJ)

Public Consultation on Mutual Recognition of Penalty Points Between Northern Ireland and Ireland (DOE)

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

Civil Service (Special Advisers) Bill

Marshalled List of Amendments

Consideration Stage

Tuesday 19 March 2013

Amendments tabled up to 9.30am Thursday, 14 March 2013 and selected for debate

The Bill will be considered in the following order-

Clauses, Schedule and Long Title

Amendment 1

Clause 1, Page 1, Line 7

After ‘position on’ insert ‘or before’

Mr Jim Allister

Amendment 2

Clause 2, Page 1, Line 9

Leave out subsection (1) and insert -

‘(1) Subject to subsection (2) and section (Determination of eligibility of special advisers by Commissioners (Amendment 11)), a person is not eligible for appointment as a special adviser if the person has a serious criminal conviction.

(2) Where a Minister proposes to appoint as a special adviser a person who has a serious criminal conviction, that person may refer the proposed appointment to the Commissioners.’

Mr Jim Allister

 Amendment 3

Clause 2, Page 1, Line 9

Leave out subsection (1) and insert -

‘(1) Where a Minister proposes to appoint as a special adviser a person who has a conviction for a conflict-related offence, the Minister must refer the proposed appointment to the Commissioners.’

Mr Dominic Bradley
Mr Alban Maginness

Amendment 4

Clause 2, Page 1, Line 10

At end insert -

‘, but this is subject to section (Exception for conflict-related offences: procedure for proposed appointees).’

Mr Mitchel McLaughlin
Ms Megan Fearon

Amendment 5

Clause 2, Page 1, Line 14

Leave out ‘section’ and insert ‘subsection’

Mr Jim Allister

Amendment 6

Clause 2, Page 1

Leave out line 17 and insert -

‘the Minister who appointed that person must, after consultation with that person, refer the appointment to the Commissioners, within 21 days of this subsection coming into operation.’

Mr Dominic Bradley
Mr Alban Maginness

Amendment 7

Clause 2, Page 1, Line 17

At end insert -

‘, but this is subject to section (Exception for conflict-related offences: procedure for existing appointees).’

Mr Mitchel McLaughlin
Ms Megan Fearon

Amendment 8

Clause 2, Page 1, Line 17

At end insert -

‘( ) but a person to whom subsection (3) will apply may refer the appointment to the Commissioners, within 21 days of this subsection coming into operation.’

Mr Jim Allister

Amendment 9

Clause 2, Page 1, Line 18

Leave out ‘Ministers’ and insert ‘A Minister’

Mr Jim Allister

Amendment 10

Clause 2, Page 1, Line 19

Leave out ‘them’ and insert ‘the Minister’

Mr Jim Allister

Clause 2

The Members listed below give notice of their intention to oppose the question that clause 2 stand part of the Bill.

Ms Judith Cochrane
Mr Stewart Dickson
Mr Chris Lyttle

Amendment 11

New Clause

After clause 2 insert -

 ‘Determination of eligibility of special advisers by Commissioners

2A.¾(1) Where-

(a)  a proposed appointment is referred to the Commissioners under section 2(2- as inserted by Amendment 2), or

(b) an appointment is referred to the Commissioners under section 2(subsection as inserted by Amendment 8),

the Commissioners shall determine whether the person is eligible for appointment as, or to continue to hold appointment as, a special adviser.

(2) The Commissioners shall only determine that a person is eligible for appointment as, or to continue to hold appointment as, a special adviser, if satisfied that there are exceptional circumstances justifying it-

(a)  after having regard to the matters set out in subsection (3), and

(b) in the case of a proposed appointment, after taking account of the outcome of the vetting procedures mentioned in subsection (4).

(3) Those matters are¾

(a)  whether the person has shown contrition for the offence to which the serious criminal conviction relates,

(b) whether the person has taken all reasonable steps to assist in the investigation and prosecution of all other persons connected with the commission of the offence,

(c)  the views of any victim of the offence, or where a victim has died, the views of any close family member of the victim.

(4) The Commissioners must arrange for the proposed appointee to be the subject of the same vetting procedures as apply to the appointment of persons as Senior Civil Servants to the Northern Ireland Civil Service.’

Mr Jim Allister

Amendment 12

New Clause

After clause 2 insert -

‘Exception for conflict-related offences: procedure for proposed appointees

2A.-(1) Where a Minister proposes to appoint as a special adviser a person who has incurred a serious criminal conviction for a conflict-related offence, the Minister must refer the matter to the First Minister and deputy First Minister.

(2) The First Minister and deputy First Minister, acting jointly, must within 14 days of the referral, establish a review panel in accordance with section (Exception for conflict-related offences: review panel) and refer the matter to it.

(3) The review panel must arrange for the proposed appointee to be the subject of the vetting procedures referred to in section 6.

(4) Subject to the outcome of those procedures, the review panel must determine that the proposed appointee is eligible for appointment, unless satisfied that the nature of the proposed appointee’s role as a special adviser is manifestly incompatible with the circumstances of the conflict-related offence.’

Mr Mitchel McLaughlin
Ms Megan Fearon

Amendment 13

New Clause

After clause 2 insert -

‘Exception for conflict-related offences: procedure for existing appointees

2B.-(1) This section applies if, on the date of its coming into operation-

(a)  a person holds an appointment as a special adviser,

(b) the person has before that date incurred a serious criminal conviction, and

(c)  the serious criminal conviction was for a conflict-related offence.

(2) The Minister who appointed that person may, within 21 days of the coming into operation of this section, and after consultation with the person, refer the matter to the First Minister and deputy First Minister.

(3) The First Minister and deputy First Minister, acting jointly, must within 14 days of the referral, establish a review panel in accordance with section (Exception for conflict-related offences: review panel) and refer the matter to it.

(4) The review panel must determine that the person’s appointment will not be, or is not, terminated by virtue of this Act, unless satisfied that the nature of the person’s role as a special adviser is manifestly incompatible with the circumstances of the conflict-related offence.’

Mr Mitchel McLaughlin
Ms Megan Fearon

Amendment 14

New Clause

After clause 2 insert -

‘Exception for conflict-related offences: review panel

2C.-(1) This section applies where the First Minister and deputy First Minister, acting jointly, are required to appoint a review panel for the purposes of section (Exception for conflict-related offences: procedure for proposed appointees) or (Exception for conflict-related offences: procedure for existing appointees).

(2) The First Minister and deputy First Minister, acting jointly, must-

(a)  appoint independent persons with suitable qualifications, expertise or experience, to be members of the review panel,

(b) pay those persons such fees, allowances or expenses as appear appropriate,

(c)  provide the review panel with staff, accommodation or other facilities as appear appropriate.

(3) A review panel may regulate its own procedure.

(4) A review panel only remains in existence for so long as is necessary for it to exercise its functions.’

Mr Mitchel McLaughlin
Ms Megan Fearon

Amendment 15

New Clause

After clause 2 insert -

‘Exception for conflict-related offences: appeals

2D.-(1) Where a review panel-

(a)  determines under section (Exception for conflict-related offences: procedure for proposed appointees) that a person is not eligible for appointment as a special adviser, or

(b) determines under section (Exception for conflict-related offences: procedure for existing appointees) that a person’s appointment as a special adviser will be, or is terminated by virtue of this Act,

that person may appeal to the High Court.

(2) The appeal can only be brought on the ground that the nature of the person’s role as a special adviser would not be, or is not manifestly incompatible with the circumstances of the conflict-related offence.

(3) The appeal must be brought within 21 days from the day on which the review panel made the determination.

(4) On hearing the appeal, the High Court may make such order as it thinks fit in respect of the person’s¾

(a)  eligibility for appointment as a special adviser, or

(b) termination of appointment as a special adviser.’

Mr Mitchel McLaughlin
Ms Megan Fearon

Amendment 16

New Clause

After clause 2 insert -

‘Determination of eligibility of special advisers by Commissioners

2A.-(1) Where-

(a)  a proposed appointment is referred to the Commissioners under section 2(1 - as inserted by Amendment 3), or

(b) an appointment is referred to the Commissioners under section 2(3- as amended by Amendment 6),

the Commissioners shall determine whether the person is eligible for appointment as, or to continue to hold appointment as, a special adviser.

(2) The Commissioners shall only determine that a person is eligible for appointment as, or to continue to hold appointment as, a special adviser, if satisfied that it is reasonable to do so-

(a)  after having regard to the matters set out in subsection (3), and

(b) in the case of a proposed appointment, after taking account of the outcome of the vetting procedures mentioned in subsection (4).

(3) Those matters are¾

(a)  the nature of the offence to which the serious criminal conviction relates,

(b) the relevance of the nature of the offence to the person’s role as a special adviser, and

(c)  such other matters as the Commissioners consider relevant.

(4) The Commissioners must arrange for the proposed appointee to be the subject of the same vetting procedures as apply to the appointment of persons as Senior Civil Servants to the Northern Ireland Civil Service.’

Mr Dominic Bradley
Mr Alban Maginness

Amendment 17

New Clause

After clause 2 insert -

‘Appeals against Commissioners’ determinations

2B.-(1) Where a person who is the subject of a determination of the Commissioners is aggrieved by that determination, that person may appeal to the High Court.

(2) The appeal can only be brought on the ground that it was not reasonable for the Commissioners to make that determination.

(3) The appeal must be brought within 21 days from the day on which the Commissioners made the determination.

(4) On hearing the appeal, the High Court may make such order as it thinks fit in respect of a person’s eligibility for appointment as, or to continue to hold appointment as, a special adviser.’

Mr Dominic Bradley
Mr Alban Maginness

Amendment 18

Clause 3, Page 2, Line 1

After ‘sentence of’ insert ‘immediate’

Mr Jim Allister

Amendment 19

Clause 3, Page 2, Line 5

After ‘State’ insert ‘or the Minister of Justice’

Mr Jim Allister

Amendment 20

Clause 3, Page 2, Line 9

After ‘Governor’ insert ‘or the Secretary of State’

Mr Jim Allister

Amendment 21

Clause 3, Page 2, Line 15

Leave out ‘Act’ and insert ‘section’

Mr Jim Allister

Amendment 22

Clause 3, Page 2, Line 15

At end insert -

‘(3) Where the person was convicted in a country or territory outside Northern Ireland, the references in subsection (1)(c), (d) and (e) to sentences are to be read as references to equivalent sentences in the country or territory in which the person was convicted.’

Mr Jim Allister

Clause 3

The Members listed below give notice of their intention to oppose the question that clause 3 stand part of the Bill.

Ms Judith Cochrane
Mr Stewart Dickson
Mr Chris Lyttle

Amendment 23

New Clause

After clause 3 insert -

‘Meaning of “conflict-related offence”

3A. In this Act, ‘conflict-related offence’ means-

(a)  an offence for which a person was released on licence under the Northern Ireland (Sentences) Act 1998, and that licence has not been revoked, or

(b) an offence for which a person would have been released on licence under the Northern Ireland (Sentences) Act 1998, had the person not already been released before that Act came into operation.’

Mr Mitchel McLaughlin
Ms Megan Fearon

Amendment 24

Clause 4, Page 2, Line 18

After ‘employed’ insert ‘at any time’

Mr Jim Allister

Amendment 25

Clause 5, Page 2, Line 26

Leave out ‘3’ and insert ‘2’

Mr Jim Allister

Amendment 26

Clause 5, Page 2, Line 30

Leave out ‘function’ and insert ‘power’

Mr Jim Allister

Amendment 27

Clause 5, Page 2, Line 32

Leave out ‘function’ and insert ‘power’

Mr Jim Allister

Amendment 28

Clause 5, Page 2, Line 34

Leave out ‘function’ and insert ‘power’

Mr Jim Allister

Amendment 29

Clause 5, Page 2, Line 38

Leave out ‘employment’ and insert ‘appointment’

Mr Jim Allister

Amendment 30

Clause 6, Page 3, Line 3

Leave out ‘3’ and insert ‘2’

Mr Jim Allister

Amendment 31

Clause 6, Page 3, Line 3

At end insert -

‘( ) Where a Minister proposes to appoint a special adviser, such an appointment shall be subject to the terms of the code.’

Ms Judith Cochrane
Mr Stewart Dickson
Mr Chris Lyttle

Amendment 32

Clause 6, Page 3, Line 4

Leave out subsection (2) and insert -

‘(2) Without prejudice to the generality of subsection (1), the code must provide that persons proposed for appointment as special advisers-

(a)  must be subject to the same vetting procedures as persons to be appointed as Senior Civil Servants to the Northern Ireland Civil Service,

(b) must not be subject to further vetting procedures if they have been subject to vetting procedures in accordance with section (Determination of eligibility of special advisers by Commissioners (Amendment 11)).

Mr Jim Allister

Amendment 33

Clause 6, Page 3, Line 4

Leave out subsection (2) and insert -

‘(2) Without prejudice to the generality of subsection (1), the code must provide that the appointment of special advisers must be subject to-

(a)  an assessment of the candidate’s character by the Department of Finance and Personnel, including a criminal record check; and

(b) a recommendation to the appointing Minister regarding test of character, consistent with the decision that would have been taken with any other applicant to the NICS.’

Ms Judith Cochrane
Mr Stewart Dickson
Mr Chris Lyttle

Amendment 34

Clause 6, Page 3, Line 4

Leave out subsection (2) and insert -

‘(2) Without prejudice to the generality of subsection (1), the code must provide that persons proposed for appointment as special advisers-

(a)  must be subject to the same vetting procedures as persons to be appointed as Senior Civil Servants to the Northern Ireland Civil Service,

(b) must not be subject to further vetting procedures if they have been subject to vetting procedures in accordance with section (Determination of eligibility of special advisers by Commissioners (Amendment 16)).’

Mr Dominic Bradley
Mr Alban Maginness

Amendment 35

Clause 6, Page 3, Line 7

At end insert -

‘( ) Until such times as the appointment process has been completed, and an appointment made in accordance with the code, no person may exercise the functions or be entitled to the benefits and privileges of a special adviser.

( ) The code must provide for a mechanism that would allow an appointing Minister or a prospective candidate to appeal to an independent panel appointed for that purpose by the First Minister and deputy First Minister.’

Ms Judith Cochrane
Mr Stewart Dickson
Mr Chris Lyttle

Amendment 36

Clause 6, Page 3, Line 9

At end insert -

‘(4) All persons exercising functions in respect of the appointment of special advisers must have regard to the code.’

Mr Jim Allister

Clause 6

The Members listed below give notice of their intention to oppose the question that clause 6 stand part of the Bill.

Mr Mitchel McLaughlin
Ms Megan Fearon

Amendment 37

New Clause

After clause 6 insert -

‘Procedure for appointments

6A.-(1) The Department must, within 3 months from the date of coming into operation of this section, make regulations governing the appointment of special advisers.

(2) Without prejudice to the generality of subsection (1), those regulations must provide that-

(a)  a person to be appointed as a special adviser must be subject to the same vetting procedures as persons appointed as civil servants to the Northern Ireland Civil Service, save that the vetting procedures must not take into account any serious criminal conviction the person has for a conflict-related offence,

(b) where enhanced vetting procedures apply to a particular class of civil servants, those enhanced vetting procedures do not apply to persons to be appointed as special advisers,

(c)  where a person has been subject to vetting procedures in accordance with section (Exception for conflict-related offences: procedure for proposed appointees), the person will not be subject to any further vetting procedures for the purposes of appointment as a special adviser.

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

Mr Mitchel McLaughlin
Ms Megan Fearon

Amendment 38

Clause 8, Page 3, Line 19

At end insert -

‘ “the Commissioners” means the Civil Service Commissioners for Northern Ireland,’

Mr Jim Allister

Amendment 39

Clause 8, Page 3, Line 20

Before ‘Department’ insert ‘The’

Mr Jim Allister

Amendment 40

Clause 8, Page 3, Line 21

Before ‘Minister’ insert ‘The’

Mr Jim Allister

Amendment 41

Clause 10, Page 3, Line 32

After ‘Sections’ insert ‘2(subsection as inserted by Amendment 8), (Determination of eligibility of special advisers by Commissioners (Amendment 11)),’

Mr Jim Allister

Amendment 42

Clause 10, Page 3, Line 32

After ‘Sections’ insert ‘(Exception for conflict-related offences: procedure for existing appointees), (Exception for conflict-related offences: review panel), (Exception for conflict-related offences: appeals), (Meaning of “conflict-related offence”),

Mr Mitchel McLaughlin
Ms Megan Fearon

Amendment 43

Clause 10, Page 3, Line 32

After ‘Sections’ insert ‘2(subsection as amended by Amendment 6), (Meaning of “conflict-related offence”), (Determination of eligibility of special advisers by Commissioners (Amendment 16)),

Mr Dominic Bradley
Mr Alban Maginness

Amendment 44

Clause 10, Page 3, Line 32

Leave out ‘and 6’ and insert ‘, 6, 8, 10 and 11’

Mr Jim Allister

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 19 March 2013

2011-2015 Mandate
Executive Bills

Title &
Bill Number

First
Stage

Second Stage

Comm. Stage to Conclude

Report Ordered to be Printed

CS

FCS

Final Stage

Royal Assent

Marine Bill NIA Bill 5/11-15

21.02.12

05.03.12

06.07.12

05.07.12

 

 

 

 

Superannuation Bill NIA Bill 6/11-15

12.03.12

26.03.12

28.09.12

26.09.12

22.10.12

06.11.12

19.11.12

10.01.13

Inquiry into Historical Institutional Abuse Bill

NIA Bill 7/11-15

12.06.12

25.06.12

26.10.12

24.10.12

20.11.12

03.12.12

11.12.12

18.01.13

Business Improvement Districts Bill NIA Bill 9/11-15

25.06.12

17.09.12

13.12.12

13.12.12

21.01.13

29.01.13

11.02.13

 

Criminal Justice Bill NIA Bill 10/11-15

25.06.12

03.07.12

14.12.12

13.12.12

19.02.13 & 25.02.13

12.03.13

 

 

Charities Bill NIA Bill 11/11-15

02.07.12

11.09.12

23.10.12

23.10.12

20.11.12

03.12.12

11.12.12

18.01.13

Welfare Reform Bill NIA Bill 13/11-15

01.10.12

09.10.12

19.02.13

14.02.13

 

 

 

 

Education Bill NIA Bill 14/11-15

02.10.12

15.10.12

08.04.13

 

 

 

 

 

/Air Passenger Duty (Setting of Rate) Bill NIA Bill 15/11-15

08.10.12

16.10.12

N/A

N/A

22.10.12

05.11.12

06.11.12

11.12.12

Water and Sewerage Services (Amendment) Bill NIA Bill 16/11-15

19.11.12

27.11.12

29.01.12

23.01.13

12.02.13

25.02.13

05.03.13

 

Planning Bill NIA Bill 17/11-15

14.01.13

22.01.13

07.06.13

 

 

 

 

 

/Budget Bill NIA Bill 18/11-15

11.02.13

12.02.13

N/A

N/A

18.02.13

19.02.13

25.02.13

14.03.13

2011-2015 Mandate
Non-Executive Bills

Title &
Bill Number

First
Stage

Second Stage

Comm. Stage to Conclude

Report Ordered to be Printed

CS

FCS

Final Stage

Royal Assent

Civil Service (Special Advisers) Bill NIA Bill 12/11-15

02.07.12

25.09.12

15.02.13

13.02.13

19.03.13

 

 

 

/ Bill progressing by accelerated passage

** Please note that any bills that received Royal Assent in the previous session have been removed from the table. 

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