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1. Minute of Proceedings No. 49/00 TUESDAY 8 MAY 2001 The Assembly met at 10.30am, the Speaker in the Chair 1. Personal Prayer or Meditation 1.1 Members observed two minutes’ silence. 2. Personal Statement 2.1 The First Minister, the Rt Hon David Trimble MP made a personal statement notifying the Assembly he had tendered a letter of resignation with effect from 1 July 2001, to the Speaker. 3. Executive Committee Business 3.1 Product Liability (Amendment) Bill (NIA Bill 13/00) Second Stage Mr Mark Durkan, the Minister of Finance and Personnel, moved that the Second Stage of the Product Liability (Amendment) Bill be agreed. Debate ensued. NIA Bill 13/00 passed Second Stage. 3.2 Defective Premises (Landlord’s Liability) Bill (NIA Bill 5/00) Further Consideration Stage Mr Mark Durkan, the Minister of Finance and Personnel, moved that the Further Consideration Stage of the Defective Premises (Landlord’s Liability) Bill be agreed. No amendments were tabled to the Bill. Clauses Question put: That Clauses 1-6 stand part of the Bill was agreed without division. Long Title Question put: That the Long Title be agreed. The Long title was agreed without division. Bill (NIA 5/00) passed Further Consideration Stage and stood referred to the Speaker for consideration in accordance with Section 10 of the Northern Ireland Act 1998. 3.3 Adoption (Intercountry Aspects) Bill (NIA Bill 8/00) Further Consideration Stage Ms Baírbre de Brún, the Minister of Health, Social Services and Public Safety moved that the Further Consideration Stage of the Bill be agreed. No amendments were tabled to the Bill. Clauses Question put: That Clauses 1-16 stand part of the Bill was agreed without division. Schedule Question put: That the Schedule stand part of the Bill was agreed without division. Long Title Question put: That the Long Title of the Bill be agreed. The Long Title was agreed. Bill (NIA 8/00) passed Further Consideration Stage and stood referred to the Speaker for consideration in accordance with Section 10 of the Northern Ireland Act 1998. The Sitting was, by leave, suspended at 10.55 am. The Sitting resumed at 11.05 am. 4. Private Members’ Business 4.1 Motion – Fireworks Proposed: That this Assembly calls on the Executive to establish an Inter-Departmental Working Group in conjunction with the Northern Ireland Office to examine ways in which the nuisance caused by fireworks can be abated. [Mr K McCarthy] Deputy Speaker (Sir John Gorman) in the Chair. Following debate, the Question being put, the Motion was carried without division. The Sitting was, by leave, suspended at 12.01 pm. The Sitting resumed at 2.30 pm. Deputy Speaker (Mr Donovan McClelland) in the Chair. 5. Question Time 5.1 Minister of Enterprise, Trade and Investment Questions were put to and answered by the Minister, Sir Reg Empey. 5.2 Minister of Higher and Further Education, Training and Employment Questions were put to and answered by the Minister, Dr Séan Farren. 5.3 Minister for Social Development Questions were put to and answered by the Minister, Mr Maurice Morrow. The Speaker in the Chair. 6. Private Members’ Business (Cont’d) 6.1 Motion – No Confidence in Minister of Education The Speaker reported that a valid Petition of Concern (Standing Order 27) had been received and that the vote on the Motion ‘No Confidence in the Minister of Education’ would take place on a cross-community basis (Appendix 1). Proposed: That this Assembly has no confidence in the Minister of Education, Mr Martin McGuinness MP. [Mr P Robinson MP] Following debate, the Question being put, the Motion was negatived on a cross-community basis (Division 1). 7. Adjournment 7.1 Proposed: That the Assembly do now adjourn. [The Speaker] The Assembly adjourned at 6.21 pm. THE LORD ALDERDICE Appendix 1 PETITION OF CONCERN MOTION: NO CONFIDENCE IN THE MINISTER OF EDUCATION, MR MARTIN McGUINNESS MP DATE TO BE DEBATED: 8 MAY 2001 The undersigned Members of the Northern Ireland Assembly present this Petition of Concern in accordance with Standing Order 27. NAME JOHN KELLY 8 MAY 2001 DIVISIONS Division No.1 No Confidence in The Minister of Education, Mr Martin McGuinness MP Proposed: That this Assembly has no confidence in the Minister of Education, Mr Martin McGuinness MP. [Mr P Robinson MP] The Question was put and the Assembly divided on a cross-community basis. Ayes : 31 Noes : 45 Ayes Unionist: Fraser Agnew, Paul Berry, Norman Boyd, Gregory Campbell, Mervyn Carrick, Wilson Clyde, Nigel Dodds, Boyd Douglas, Oliver Gibson, William Hay, David Hilditch, Derek Hussey, Roger Hutchinson, Gardiner Kane, Danny Kennedy, Robert McCartney, William McCrea, Maurice Morrow, Ian Paisley Jnr, Ian R K Paisley, Edwin Poots, Iris Robinson, Mark Robinson, Peter Robinson, George Savage, Jim Shannon, Denis Watson, Peter Weir, Jim Wells, Cedric Wilson, Sammy Wilson. Noes Nationalist: Gerry Adams, Alex Attwood, P J Bradley, Joe Byrne, Annie Courtney, John Dallat, Baírbre de Brún, Arthur Doherty, Pat Doherty, Mark Durkan, Séan Farren, John Fee, Tommy Gallagher, Michelle Gildernew, Carmel Hanna, Denis Haughey, Joe Hendron, Gerry Kelly, John Kelly, Patricia Lewsley, Alban Maginness, Alex Maskey, Donovan McClelland, Alasdair McDonnell, Barry McElduff, Eddie McGrady, Martin McGuinness, Gerry McHugh, Mitchel McLaughlin, Eugene McMenamin, Pat McNamee, Francie Molloy, Conor Murphy, Mick Murphy, Mary Nelis, Dara O'Hagan, Eamonn ONeill, Sue Ramsey, Bríd Rodgers, John Tierney. Other: Eileen Bell, David Ford, Kieran McCarthy, Monica McWilliams, Séan Neeson. Total Votes 76 Total Ayes 31 ( 40.8%) Nationalist Votes 40 Nationalist Ayes 0 ( 0.0%) Unionist Votes 31 Unionist Ayes 31 (100.0%) The Motion was negatived. TOPNORTHERN IRELAND ASSEMBLY PAPERS PRESENTED TO THE ASSEMBLY FROM 2 MAY 2001 to 8 MAY 2001
Draft Order in Council: Financial Investigations (Northern Ireland) Order 2001 Committee for Agriculture and Rural Development: Minutes of Evidence: Update on Foot-and-Mouth Disease Outbreak: (06/00/E) The Examiner of Statutory Rules: Report on SR No 127 Extensification Payment Regulations (Northern Ireland) 2001 (ESR 92/01) The Examiner of Statutory Rules: Report on SR No 129 Milk and Milk Products (Pupils in Educational Establishments) Regulations (Northern Ireland) 2001 (ESR 94/01) The Examiner of Statutory Rules: Report on SR No 144 Lobster (Conservation of Stocks) (Revocation) Regulations (Northern Ireland) 2001 (ESR 112/01) (The department identified after each rule is for reference purposes only.) SR No 163 The Disability Discrimination Act 1995 (Commencement No. 7) Order (Northern Ireland) 2001 (OFMDFM) SR No 178 The General Grant (Specified Bodies) Regulations (Northern Ireland) 2001 (DOE) SR No. 187 Prohibition of Traffic (Market Square, Dungannon) Order (Northern Ireland) 2001 (DRD) SR No 188 Seed Potatoes Regulations (Northern Ireland) 2001 (DARD) SR No 189 Control of Traffic (Belfast) (Amendment) Order (Northern Ireland) 2001 (DRD) SR No 190 Bus Lane (Kingsway, Dunmurry) Order (Northern Ireland) 2001 (DRD) SR No 191 Loading Bays on Roads (Amendment No. 32) Order (Northern Ireland) 2001 (DRD) SR No 192 Parking Places on Roads (Medical Practitioners) (Amendment) Order (Northern Ireland) 2001 (DRD) SR No 193 Cycle Tracks (Bangor) Order (Northern Ireland) 2001 (DRD) SR No 194 Cycle Tracks (Laganbank Road, Belfast) Order (Northern Ireland) 2001 (DRD) Promoting Equality of Opportunity: A Single Equality Bill for Northern Ireland (OFMDFM) Proposals for Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2001, Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2001 and Amendments to Associated Approved Documents (DETI) Proposals for Quarries Regulations (Northern Ireland) 2001, Quarries (Explosives) Regulations (Northern Ireland) 2001 and Approved Code of Practice (DETI) Consultative Document: Proposals for Genetically Modified Organism (Contained Use) Regulations (Northern Ireland) 2001 (DETI) Health and Safety Executive Northern Ireland: Operating Plan 2001/2002 Regulatory Reform Act 2001 Chapter 6 Northern Ireland Office Resource Accounts 1999–2000 (Cm 5058) Northern Ireland Affairs Committee: Second Special Report: Government Response to the First Report of the Committee, Session 2000–01 (HC 263) "The Northern Ireland Prison Service" (HC 443) Legal Aid Fund (Northern Ireland) Account 1999–2000 (HC 396) SI No 597 The Social Security (Contributions) (Amendment No. 3) (Northern Ireland) Regulations 2001 SI No 1333 The Tax Credits (New Deal Consequential Amendments) Northern Ireland) Regulations 2001 SI No 1350 The Tax Credits (Miscellaneous Amendments No. 5) Northern Ireland) Regulations 2001 Northern Ireland Association for the Care and Resettlement of Offenders (NIACRO) Annual Report 1999–2000 FOR INFORMATION – WESTMINSTER PROCEEDINGS NORTHERN IRELAND LEGISLATION: PROCEEDINGS AS AT 8 MAY 2001 Only legislation laid under Paragraph 2 (1) of the Northern Ireland Act 2000 is included in this Section.
For an explanation of Parliamentary consideration of Northern Ireland Legislation, see HCIO Factsheet No. 15
Reproduced from House of Commons Weekly Information Bulletin 5 May 2001. NORTHERN IRELAND LEGISLATION: EXECUTIVE BILLS PROCEEDINGS AS AT 8 MAY 2001
* Leave granted for Bill to carry over from last Session. NORTHERN IRELAND LEGISLATION: PRIVATE MEMBERS’ BILLS PROCEEDINGS AS AT 8 MAY 2001
THE NORTHERN IRELAND ASSEMBLY LIST OF MOTIONS NO DAY NAMED Items marked † are new or have been altered EXECUTIVE COMMITTEE BUSINESS MOTION Statutory Rule Subject to Confirmatory Resolution That the Social Security (New Deal Pilot) Regulations (Northern Ireland) 2000 (SR 369/2000) be approved. [Minister for Social Development] Public Health/Health Inequalities † That this Assembly welcomes the commitment in the Programme for Government for all Departments and their statutory agencies to work resolutely and energetically together to tackle the root causes of preventable disease and disability, and to reduce inequalities in the health status of different groups in our population. [Minister of Health, Social Services and Public Safety] Code of Practice † That the Code of Practice on Access to Workers during Recognition and De-recognition Ballots, laid before the Assembly on 13 April 2001, be approved. [Minister of Higher and Further Education, Training and Employment] Statutory Rule Subject to Confirmatory Resolution † That the Jobseeker’s Allowance (Joint Claims: Consequential Amendments) Regulations (Northern Ireland) 2001 be approved. [Minister for Social Development] Statutory Rule Subject to Confirmatory Resolution † That the Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations (Northern Ireland) 2001 be approved. [Minister for Social Development] Statutory Rule Subject to Confirmatory Resolution † That the Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations (Northern Ireland) 2001 be approved. [Minister for Social Development] Statutory Rule Subject to Confirmatory Resolution † That the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001 be approved. [Minister for Social Development] Statutory Rule Subject to Confirmatory Resolution † That the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001 be approved. [Minister for Social Development] Statutory Rule Subject to Confirmatory Resolution † That the Child Support (Variations) Regulations (Northern Ireland) 2001 be approved. [Minister for Social Development] Statutory Rule Subject to Confirmatory Resolution † That the Social Security (Incapacity Benefit) (Miscellaneous Amendments) Regulations (Northern Ireland) 2000 be approved. [Minister for Social Development] Social Security Benefits Up-rating Order (Northern Ireland) 2001 † That the Social Security Benefits Up-rating Order (Northern Ireland) 2001 be approved. [Minister for Social Development] PRIVATE MEMBERS’ BUSINESS MOTION Exclusion of Sinn Féin This House resolves that Sinn Féin does not enjoy the confidence of the Assembly because it is not committed to non-violence and exclusively peaceful and democratic means and, therefore, consistent with the Northern Ireland Act 1998, determines that Members of Sinn Féin shall be excluded from holding office as Ministers for a period of 12 months from the date of this resolution. [Mr C Wilson] Mobile Phones That this Assembly calls upon the Minister of the Environment and the Minister of Health, Social Services and Public Safety to ensure the complete implementation of the recommendations made by the Independent Expert Group on Mobile Phones as laid out in the Stewart Report and further implement a change in legislation to ensure that no telecommunications masts are constructed within three hundred yards of any dwelling without full public consultation. [Mr J Shannon] Local Government Elections That this Assembly calls on the Secretary of State for Northern Ireland to announce that the Local Government elections will take place in May 2001. [Mr E Poots] Award to RUC This Assembly calls for an official Assembly award to be made to the RUC and its reserve in recognition of its officers’ duty, service and bravery in the face of terrorism and crime and for its impartial defence of the entire Northern Ireland community. [Mr I Paisley Jnr] Councillors That this Assembly calls upon the Minister of the Environment to bring forward proposals to reward financially the long-term contributions of many Councillors and to assess the work of Councillors to ensure that they are financially rewarded at an appropriate level. [Mr O Gibson] Irish Justice System That this Assembly notes with concern the failure of the Irish Justice system to resolve the rape/incest case of the daughter of British citizen Sarah Bland. [Mr I Paisley Jnr] Road Spending Plans That this Assembly calls on the Minister for Regional Development to explain current road spending plans in the context of the recent publication of the consultation paper ‘Developing a Regional Transportation Strategy’. [Ms M McWilliams] District Council Childcare Facilities That this Assembly calls on local authorities to set themselves a common objective of providing childcare facilities for elected representatives and staff. [Ms M Gildernew] Morning After Pill That this Assembly regrets the decision of the Minister of Health, Social Services and Public Safety to sign The Prescription Only Medicines (Human Use) Amendment (No.3) Order 2000. [Dr E Birnie] United Christian Broadcasters That this Assembly supports the award of broadcasting radio licences to United Christian Broadcasters Ltd and welcomes the decision of the European Court of Human Rights on 7 November 2000 placing no restriction on religious bodies applying for and being granted licences for local broadcasting, at the same time this Assembly deplores the decision of the Radio Authority on 26 April 2000 to refuse a local digital multiplex licence for the Northern Ireland region to United Christian Broadcasters. [Mr G Savage] Domestic Energy Efficiency Scheme That this Assembly welcomes the achievement of the Department for Social Development in tackling fuel poverty through the existing Domestic Energy Efficiency Scheme (DEES) and calls on the Minister for Social Development to ensure that the DEES II Scheme will be an effective mechanism to finally eradicate this problem. [Ms M Gildernew] Bi-Centenary of the Act of Union 1801 That this Assembly deplores the intention of the Minister of Culture, Arts and Leisure to preside over the commemoration of the Bi-Centenary of the Act of Union 1801. [Mrs M Nelis] TG4 That this Assembly calls on the relevant Irish and British Broadcasting Authorities to ensure the complete availability of TG4 throughout Ireland. [Mr B McElduff] Alcohol Bye-Laws That this Assembly believes that current levels of enforcement of alcohol bye-laws are inadequate to address the problem of outdoor drinking; and that increased resources should be made available for the enforcement of the bye-laws and for a province-wide education programme to alert younger people to the dangers of under-age drinking. [Mrs J Carson] Morning After Pill That this Assembly expresses concern at the decision by the Minister for Health, Social Services and Public Safety making the ‘morning after pill’ available to 16 year olds without debate in the Assembly or the Health Committee, and calls on the Minister to reverse her decision. [Mrs I Robinson] Security Policy That this Assembly calls on Her Majesty’s Government, in the absence of actual decommissioning, to implement an effective security policy to recover all illegal weapons and explosives from the terrorist organisations. [Mr P Roche] Child Protection That this Assembly calls on the Ministers responsible for the protection of children, in view of the anomalies in the current vetting system, to take the necessary interim steps to improve the position on vetting those suitable to work with children. [Ms P Lewsley] Fluoridation of Drinking Water That this Assembly calls on the Minister of Health, Social Services and Public Safety to discontinue the fluoridation of drinking water. [Mr J Dallat] Traceability Scheme That this Assembly calls on the Department of Agriculture and Rural Development to take all steps necessary to ensure the integrity of the Traceability Scheme for Northern Ireland Beef and to investigate the labelling and subsequent sell-on of all beef processed in Northern Ireland Meat Plants. [Mr G Savage] Inter-Departmental Working Group That this Assembly calls on the Executive to establish an Inter-Departmental Working Group to make recommendations on the removal of paramilitary flags, emblems and graffiti from public property. [Mr K McCarthy] ‘Barriers to Growth and Survival’ Report That this Assembly notes the Report, ‘Barriers to Growth and Survival’ published by the Federation of Small Businesses in November 2000; and calls on the Minister of Enterprise, Trade and Investment to initiate an investigation into the high level of interest charges imposed by banks in Northern Ireland on small businesses. [Mr B Armstrong] Audit Office Report That this Assembly notes the recent report by the Comptroller and Auditor General on ‘Road Opening by Utilities’ (NIA 35/00), published on 22 February 2001. [Mr J Kelly] Social Exclusion of Young People That this Assembly calls on the Minister of Further and Higher Education, Training and Employment to review urgently those policies aimed at reducing the social exclusion of young people in Northern Ireland and to initiate programmes and initiatives which will reduce the number of young people in Northern Ireland entering long-term unemployment. [Mr J Dallat] Gender Equality That this Assembly calls on the Minister of Higher and Further Education, Training and Employment, given the reports of skills shortages in the employment sector, to review training provision for women in Northern Ireland and to promote a more co-ordinated training service to enhance gender equality in the training sector. [Mrs P Lewsley] Nursery Schools Admissions That this Assembly recognises the problems caused by the current admissions criteria for Nursery Schools and calls upon the Minister of Education to review the criteria in order to remove the disadvantage which it causes for working parents. [Mr S Wilson] Foot-and-Mouth Disease That this Assembly expresses grave concern about the impact of the foot-and-mouth disease on the agricultural industry in Northern Ireland; calls on the government to provide compensation for those who have suffered loss of livelihood as a consequence, and urges the Northern Ireland Executive to seek substantial and special funding from the Treasury in London to deal with this matter. [Mr E McGrady MP] Funding for Childcare Provision That this Assembly calls upon the Minister of Health, Social Services and Public Safety to make adequate funding available for all aspects of childcare provision in Northern Ireland. [Mr J Shannon] Hepatitis C That this Assembly, recognising the plight of those infected with Hepatitis C contracted as a result of health service treatment with contaminated blood products, calls on the Minister of Health, Social Services and Public Safety to provide assurances about the propriety of further treatment to reduce the risks of further infection and further calls on the Minister to seek compensation for those infected during health service treatment. [Mr J Kelly] 7th Report of Community Attitudes Survey That this Assembly welcomes the publication of the 7th Report of Community Attitudes Survey by the Northern Ireland Statistics and Research Agency (NISRA) and welcomes its findings that 77% of those surveyed, "believed the police deal fairly with everyone." (Table 2.31, NISRA, Community Attitudes Survey, 7th Report, December 2000) [Mr R Beggs] Terrorist Attacks on Northern Ireland Railways That this Assembly condemns the ongoing terrorist attacks on the railway infrastructure throughout Northern Ireland. [Mr W Hay] Allocation of Schools Capital Spending That this Assembly disapproves of the unbalanced and party political allocation of schools capital spending announced in February 2001 by the Minister of Education. [Mr S Wilson] Award to UDR That this Assembly calls for an official Assembly award to be made to the UDR in recognition of its members’ duty, service, bravery and courage in the face of unrelenting terrorism and crime in Northern Ireland and for its defence of the entire community. [Mr I Paisley Jnr] Sellafield Nuclear Plant That this Assembly calls for the run-down and closure at the earliest possible date of nuclear processing activities carried out at Sellafield. [Mr K McCarthy] Single European Currency That this Assembly congratulates the European Movement on its efforts to generate interest in the debate on a Single European Currency and calls on the Assembly to support its efforts. [Ms J Morrice] GAA That this Assembly condemns the anti-British ethos of the Gaelic Athletic Association, particularly Rule 21 within its written constitution which discriminates against members of the Security Forces from participation, and calls on Government funding to the GAA to be stopped with immediate effect until such discriminatory rules are removed from the GAA’s constitution. [Mr N Boyd] Organic Farming That this Assembly calls on the Minister of Agriculture and Rural Development to bring forward plans for environmental enhancement schemes, incentives and support to ensure that targets for organic farming of 3% are increased towards 20%. [Mr G McHugh] Function and Funding of Training Organisations That this Assembly calls on the Minister of Higher and Further Education, Training and Employment to review the function and funding of Training Organisations. [Mr A Maskey] Financial Assistance to the Agribusiness Sector That this Assembly notes the serious impact of foot-and-mouth disease on the agribusiness sector, and calls on the Minister of Agriculture and Rural Development to consider giving financial assistance to those most affected, in particular the livestock marts which play a vital role in the agricultural sector. [Mr G Kane] Financial Assistance for Foster Carers That this Assembly calls on the Minister of Health, Social Services and Public Safety to bring forward legislative proposals to address the inconsistencies in the arrangements at Board and Trust level for providing financial assistance to those offering foster care for young people in the community. [Ms S Ramsey] Processing of Incapacity Benefit and Disability Living Allowance That this Assembly calls on the Minister for Social Development to review the process involved in respect of claims for Incapacity Benefit and Disability Living Allowance, in the light of its impact on the chronically sick and disabled. [Mrs M Nelis] Plastic Bullets That this Assembly calls on the British Government to impose an immediate and total ban on the use of plastic bullets. [Mrs M Nelis] Assistance for Hepatitis ‘C’ Sufferers † That this Assembly notes the financial help given to HIV sufferers in the rest of the United Kingdom and elsewhere, notes the recent legal challenge for similar assistance for Hepatitis ‘C’ sufferers, and accordingly calls on the Minister of Health, Social Services and Public Safety to take steps to provide financial assistance to Hepatitis ‘C’ sufferers in Northern Ireland. [Mrs I Robinson] European Court of Human Rights † That this Assembly believes the European Court of Human Rights should consider the cases of innocent victims created by the activities of illegal paramilitary groups. It further deplores the award of compensation to the families of unashamed armed terrorists. [Mr D Kennedy] TO |
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