1. Personal Prayer or Meditation

1.1 Members observed two minutes’ silence.

2. Royal Assent

2.1 Royal Assent had been signified on 17 July 2001 to:

• Family Law Act.

Royal Assent had been signified on 20 July 2001 to:

• Product Liability (Amendment) Act;
• Budget (No.2) Act;
• Department for Employment and Learning Act;
• Trustee Act.

3. Executive Committee Business

3.1 Statement – North/South Ministerial Council – Tourism

The Minister of Enterprise, Trade and Investment, Sir Reg Empey, made a statement to the Assembly on the meeting of the North-South Ministerial Council in its Tourism sectoral format held on 29 June 2001, following which he replied to questions.

4. Committee Business

4.1 Motion – Ad Hoc Committee

Proposed: That, pursuant to Standing Order 49(7), this Assembly appoints an Ad Hoc Committee to consider –

(a) The proposal for a draft Criminal Injuries Compensation (NI) Order; and

(b) The draft Northern Ireland Criminal Injuries Compensation Scheme,

referred by the Secretary of State and to submit a report to the Assembly by 27 November 2001.

Composition: UUP 2

SDLP 2

DUP 2

SF 2

Other Parties 3

Quorum: The quorum shall be five.

Procedure: The procedures of the Committee shall be such as the Committee shall determine.

[Mr E McGrady MP]

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

4.2 Motion – Committee Membership

Proposed: That Mr Kieran McCarthy shall replace Mr David Ford on the Business Committee.

[Mr D Ford]

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

5. Private Members’ Business

5.1 Motion – Holy Cross Primary School

Proposed: That this Assembly supports the right to education of school children attending the Holy Cross Primary School in North Belfast.

[Mr G Kelly]

5.2 Amendment

Proposed: Delete all after ‘attending’ and insert:

‘all schools throughout North Belfast.’

[Mr D Kennedy]

After debate, the Amendment being put, the Amendment was made (Division 1).

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

6. Personal Statement

The Minister of Enterprise, Trade and Investment, Sir Reg Empey, made a personal statement correcting an answer to an earlier question from Dr Paisley about the opening of the Brussels Office.

7. Question Time

7.1 Office of the First Minister and Deputy First Minister

Questions were put to, and answered by, Sir Reg Empey and Mr Séamus Mallon MP.

7.2 Minister for Regional Development

Questions were put to, and answered by, the Minister, Mr Gregory Campbell MP.

7.3 Minister of the Environment

Questions were put to, and answered by, the Minister, Mr Sam Foster.

8. Private Members’ Business (Cont’d)

8.1 Motion – Irish Justice System

Proposed: 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]

After debate, the Question being put, the Motion was carried without division.

9. Adjournment

Proposed: That the Assembly do now adjourn.

[The Speaker]

THE LORD ALDERDICE
The Speaker
10 September 2001

Proposed: Delete all after ‘attending’ and insert:

‘all schools throughout North Belfast.’

[Mr D Kennedy]

1. Acts of the Northern Ireland Assembly

Defective Premises (Landlord’s Liability) Act (Northern Ireland) 2001 Chapter 10

Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 Chapter 11

Family Law Act (Northern Ireland) 2001 Chapter 12

Product Liability (Amendment) Act (Northern Ireland) 2001 Chapter 13

Trustee Act (Northern Ireland) 2001 Chapter 14

Department for Employment and Learning Act (Northern Ireland) 2001 Chapter 15

Budget (No. 2) Act (Northern Ireland) 2001 Chapter 16

2. Bills of the Northern Ireland Assembly
3. Orders in Council

SI No 2564 (N.I. 2) The Life Sentences (Northern Ireland) Order 2001

SI No 2513 (N.I. 3) The Police (Northern Ireland) Order 2001

4. Publications Laid in the Northern Ireland Assembly

Equality Commission for Northern Ireland First Annual Report 1999 – 2000 (NIA 9/00)

The Insolvency Service Annual Report and Account for the year ended 31 March 2001 (NIA 33/00)

Statements and Summary of the Education and Library Boards’ Accounts for the period 1 April 1998 to 31 March 1999 (NIA 53/00)

Accounts of the Staff Commission for Education and Library Boards 1999/2000 (NIA 54/00)

Rate Collection Agency Annual Report 2000–2001 (NIA 55/00)

Driver and Vehicle Licensing Northern Ireland Annual Report and Accounts 2000 – 2001 (NIA 62/00)

Northern Ireland Statistics and Research Agency Annual Report and Accounts 2000 – 2001 (NIA 63/00)

Environment and Heritage Service Annual Report and Accounts 2000–2001 (NIA 65/00)

Industrial Research and Technology Unit Financial Statements 2000–2001 (NIA 73/00)

The Planning Service Annual Report and Accounts 2000/01 (NIA 77/00)

Land Registers of Northern Ireland Annual Report and Accounts 2000–2001 (NIA 81/00)

Government Purchasing Agency Report and Accounts 2000–2001 (NIA 82/00)

Roads Service Annual Report and Accounts 1999–2000 (NIA 84/00)

Roads Service Annual Report and Accounts 2000–2001 (NIA 86/00)

Valuation and Lands Agency Annual Report and Accounts 2000–2001 (NIA 87/00)

Driver and Vehicle Testing Agency Annual Report and Financial Statements for 2000–2001 (NIA 88/00)

Intertrade Ireland Annual Review of Activities 2000/2001 and Annual Accounts 2000 (NIA 91/00)

Department of Finance and Personnel Memorandum on the 5^th Report from the Public Accounts Committee Session 2000/2001 (NIA 92/00)

Department of Finance and Personnel Minute: 3 August 2001: Under the Government Resources and Accounts Act (Northern Ireland) 2001, Directing the Application of Certain Amounts as Accruing Resources for the year ending 31 March 2002 (NIA 94/00)

Department of Finance and Personnel Memorandum on the 6^th Report from the Public Accounts Committee Session 2000 / 2001 (NIA 99/00)

Fire Authority for Northern Ireland Financial Statements for the year ended 31 March 2000 (NIA 3/01)

Northern Ireland Housing Executive Annual Report 2000–2001 (NIA 5/01)

Rivers Agency Annual Report and Accounts 2000–2001 (NIA 6/01)

Northern Ireland Transport Holding Company Group Annual Report and Accounts: 52 weeks ended 1 April 2001 (NIA 7/01)

5. Assembly Reports

Examiner of Statutory Rules: First Report: (Session 2001–2002):

Report on SR No 242/2001 (ESR 174/01), SR No 269/2001 (ESR 189/01), SR No 270/2001 (ESR 190/01), SR No 271/2001 (ESR 191/01), SR No 280/2001 (ESR 196/01), SR No 292/2001 (ESR 198/01)

Committee for Agriculture and Rural Development:

Minutes of Evidence: Inquiry into Certain Aspects of the Livestock and Meat Commission: Northern Ireland Meat Exporters’ Association (9/00/E)

Committee for Agriculture and Rural Development:

Minutes of Evidence: Inquiry into Certain Aspects of the Livestock and Meat Commission:

(I) National Beef Association: (II) National Sheep Association (10/00/E)

6. Statutory Rules

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

SR No 250 The Criminal Appeal (Amendment) (Northern Ireland) Rules 2001 (Lord Chancellor)

SR No 253 The Crown Court (Amendment) Rules (Northern Ireland) 2001 (Lord Chancellor)

SR No 254 The Rules of the Supreme Court (Northern Ireland) 2001 (Lord Chancellor)

SR No 257 Road Races (Ulster Grand Prix) Order (Northern Ireland) 2001 (DRD)

SR No 260 The Social Security (1998 Order) (Commencement No. 12) Order (Northern Ireland) 2001 (DSD)

SR No 262 Road Races (Craigantlet Hill Climb) Order (Northern Ireland) 2001 (DRD)

SR No 263 Royal Ulster Constabulary Pensions (Amendment) Regulations 2001 (NIO)

SR No 264 Rail Vehicle Accessibility Regulations (Northern Ireland) 2001 (DRD

SR No 265 Rail Vehicle (Exemption Applications) Regulations (Northern Ireland) 2001 (DRD)

SR No 266 Off-Street Parking (Amendment) Order (Northern Ireland) 2001 (DRD)

SR No 267 Motor Vehicles (Driving Licences) (Amendment) Regulations (Northern Ireland) 2001 (DOE)

SR No 268 The Community Drivers’ Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) (Amendment No. 2) Regulations (Northern Ireland) 2001 (DOE)

SR No 269 Environmentally Sensitive Areas Designation Order (Northern Ireland) 2001 (DARD)

SR No 270 Environmentally Sensitive Areas (Enforcement) Regulations (Northern Ireland) 2001 (DARD)

SR No 271 The Beef Labelling (Enforcement) Regulations (Northern Ireland) 2001 (DARD)

SR No 272 Cycle Tracks (Lisburn) Order (Northern Ireland) 2001 (DRD)

SR No 273 Parking Places on Roads (Amendment No. 4) Order (Northern Ireland) 2001 (DRD)

SR No 274 Off-Street Parking (Amendment No. 2) Order (Northern Ireland) 2001 (DRD)

SR No 275 Bus Lane (Ballynahinch Road, Carryduff) Order (Northern Ireland) 2001 (DRD)

SR No 276 The Education (Student Loans) (Amendment) Regulations (Northern Ireland) 2001 (DHETE)

SR No 277 Education (Student Support) Regulations (Northern Ireland) 2001 (DHFETE)

SR No 278 The Social Security (Student and Income-Related Benefits Amendment) Regulations (Northern Ireland) 2001 (DSD)

SR No 279 The Local Government (Discretionary Payments) Regulations (Northern Ireland) 2001 (DOE)

SR No 280 Plant Protection Products (Amendment) Regulations (Northern Ireland) 2001 (DARD)

SR No 281 Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2001 (DHFETE)

SR No 282 Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations (Northern Ireland) 2001 (OFMDFM)

SR No 283 The Water (1999 Order) (Commencement and Transitional Provisions) Order (Northern Ireland) 2001 (DOE)

SR No 284 The Control of Pollution (Applications and Registers) Regulations (Northern Ireland) 2001 (DOE)

SR No 285 The Education (Grants for Disabled Postgraduate Students) Regulations (Northern Ireland) 2001 (DEL)

SR No 286 Catering Waste (Feeding to Livestock) Order (Northern Ireland) 2001 (DARD)

SR No 287 The Welfare Reform and Pensions (Persons Abroad: Benefits for Widows and Widowers) (Consequential Amendments) Regulations (Northern Ireland) 2001 (DSD)

SR No 288 The General Teaching Council for Northern Ireland (Constitution) Regulations (Northern Ireland) 2001 (DE)

SR No 289 The Income Support (General) (Standard Interest Rate Amendment No. 2) Regulations (Northern Ireland) 2001 (DSD)

SR No 290 The Legal Advice and Assistance (Amendment No. 3) Regulations (Northern Ireland) 2001 (Lord Chancellor)

SR No 291 Fisheries (Tagging and Logbook) Byelaws (Northern Ireland) 2001 (DARD)

SR No 292 Bovine Spongiform Encephalopathy Monitoring Regulations (Northern Ireland) 2001 (DARD)

SR No 293 Lands Tribunal (Salaries) Order (Northern Ireland) 2001 (NIO)

SR No 294 The Community Drivers’ Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) (Amendment No. 3) Regulations (Northern Ireland) 2001 (DOE)

SR No 295 Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001 (DETI)

SR No 296 Food Protection (Emergency Prohibitions) Order (Northern Ireland) 2001 (DHSSPS)

SR No 298 Students Awards Regulations (Northern Ireland) 2001 (DEL)

SR No 299 The Road Traffic (Health Services Charges) (Appeals) Regulations (Northern Ireland) 2001 (DHSSPS)

SR No 302 Salaries (Assembly Ombudsman and Commissioner for Complaints) Order (Northern Ireland) 2001 (OFMDFM)

SR No 303 Foot-and-Mouth Disease (Controlled Area) (No. 4) Order (Northern Ireland) 2001 (DARD)

SR No 308 The Social Security (Medical Evidence) and Statutory Maternity Pay (Medical Evidence) (Amendment) Regulations (Northern Ireland) 2001 (DSD)

SR No 309 General Dental Services (Amendment No. 3) Regulations (Northern Ireland) 2001 (DHSSPS)

SR No 311 The Community Drivers’ Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) (Amendment No. 4) Regulations (Northern Ireland) 2001 (DOE)

SR No 316 The Social Security (Incapacity Benefit) (Miscellaneous Amendments) Regulations (Northern Ireland) 2001 (DSD)

7. Consultation Documents

Protecting Our Children’s Rights: Consultation Paper on A Commissioner for Children for Northern Ireland (OFMDFM)

Review of Community Relations Policy (OFMDFM)

Natural Rural Resource Tourism Initiative (DARD)

Review of School Information and Prospectuses Regulations:

Primary Schools Consultation Document (DE)

Review of School Information and Prospectuses Regulations:

Post-Primary Schools Consultation Document (DE)

Proposals for Gas Safety (Installation and Use) Regulations (Northern Ireland) 2001 and Approved Code of Practice (DETI)

Department of Enterprise, Trade and Investment Consumer Strategy (DETI)

Proposals to Introduce Regulations for The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations (Northern Ireland) 2002 (DOE)

Small Housing Unit: Public Consultation Draft (Planning Service)

Equality Impact Consultation on Review of Marriage Law (DFP)

The Employer of Choice: Caring for Staff and Caring for Service Users (DHSSPS)

Minute on a Proposal by the Department of Health, Social Services and Public Safety to Create an Extra Statutory Liability (DHSSPS)

Options for the Future Supply and Reimbursement of Generic Medicines for the NHS

Second Quinquennial Review of the Labour Relations Agency Consultation (DHETE)

Partners for Change: Government’s Strategy for Support of the Voluntary and Community Sector (DSD)

Urban Regeneration in Northern Ireland (DSD)

8. Departmental Publications

Workplace Guidance on the Implementation of the Burden of Proof Directive: Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations (Northern Ireland) 2001 (OFMDFM)

Equality Impact Assessment: Student Finance Review Proposals for Change (DEL)

Department of the Environment Corporate Plan 2001/2004 and Business Plan 2001/2002

The Industrial Pollution Control (Industrial Pollution and Radiochemical Inspectorate) (Fees and Charges) Scheme (Northern Ireland) 2001 (DOE)

The Industrial Pollution Control (District Councils) (Fees and Charges) Scheme (Northern Ireland) 2001 (DOE)

Artificial Radioactivity in Strangford Lough (DOE)

Housing Statistics 2000–01 (DSD)

9. Agency Publications

Business Development Service Strategic Plan 2001 to 2001 and Business Plan 2001 to 2002

Construction Service Business Plan 2001–2002 and Corporate Plan 2001–2004

Forest Service Annual Report 2000/01

Forest Service Corporate and Business Plans 2001/02 – 2005/06

Government Purchasing Agency Corporate and Business Plan 2001 – 2004

Health Estates Corporate and Business Plan 2001–2006

Independent Case Examiner Annual Report 2000/2001

Northern Ireland Statistics and Research Agency Corporate and Business Plan 20001/02 – 2003/04

The Planning Service Corporate Plan 2003/04 and Business Plan 2001/02

Rate Collection Agency Corporate and Business Plan 2001–2004

Rivers Agency Business Plan 2001/2002

10. Westminster Publications

Appropriation (No. 2) Act 2001 (Chapter 21)

Northern Ireland Court Service Legal Aid Annual Report 1999–2000

(Cm 5171)

Northern Ireland Affairs Committee: Fourth Report: Legal Aid in Northern Ireland (HC 444)

Intervention Board Annual Report and Accounts 2000–2001 (HC 59)

Report of Her Majesty’s Inspectors of Explosives for Northern Ireland 2000 (HC 86)

Sentence Review Commissioners: Annual Report 2001 (HC 96)

Northern Ireland Prison Service Annual Report and Accounts 2000–2001 (HC 124)

Independent Commissioner for Police Complaints for Northern Ireland Statement of Accounts for the year ended 31 March 2000 (HC 151)

Northern Ireland Court Service Legal Aid Annual Report 1999–2000

(HC 187)

SI No 2221 The Tax Credits (Miscellaneous Amendments No. 6) (Northern Ireland) Regulations 2001

SI No 2540 The Tax Credits (Miscellaneous Amendments No. 7) (Northern Ireland) Regulations 2001

SI No 2599 The Northern Ireland Assembly (Elections) Order 2001

SI No 2725 The Representation of the People (Form of Canvass) (Northern Ireland) Regulations 2001

SI No 2884 The Northern Ireland Act 2000 (Suspension of Devolved Government) Order 2001

SI No 2895 The Northern Ireland Act 2000 (Restoration of Devolved Government) Order 2001

11. Miscellaneous Publications

Equality Commission for Northern Ireland Monitoring Report No. 11

2000 / 2001 Inspection of the Royal Ulster Constabulary: A Report by Her Majesty’s Inspectorate of Constabulary.

NORTHERN IRELAND LEGISLATION:

PROCEEDINGS AS AT 10 SEPTEMBER 2001

Delegated legislation dealing with certain reserved matters, and some Bills or Acts of the Northern Ireland Assembly, are subject to Parliamentary procedure. The Parliamentary stages of any such legislation are detailed below.

MAP-Motion against presentation of Assembly Bill for Royal Assent.

MCE-Motion that Act of Assembly shall cease to have effect.

For an explanation of Parliamentary consideration of Northern Ireland Legislation, see HCIO Factsheet L8

Some Northern Ireland Assembly Bills which include provisions dealing with exempted or reserved matters are required to be laid before Parliament for a period of 20 sitting days before being presented for Royal Assent. If a motion, signed by not less than 20 Members, disapproving of the Bill is tabled in either House during the 20-day period , the Bill shall not be presented for Royal Assent unless the motion is rejected or withdrawn. The date of tabling of any such motion will be shown below.

Assembly Bills of this type which the Secretary of State deems urgent (U) may be presented for Royal Assent before being laid before Parliament. Such Acts of the Assembly are then required to be laid before Parliament for 20 sitting days. If a motion, signed by not less than 20 Members, praying that the Act shall cease to have effect is tabled in either House during the 20-day period the Act and is agreed to, the Act of the Assembly may be repealed by Order in Council. The date of tabling of any such motion will be shown below.

Proposals for Orders in Council (other than Orders in Council made without Parliamentary approval by reason of urgency (U)) dealing with certain reserved matters must be laid for a period of 60 days to allow for consultation. The Government has indicated that it will normally refer such proposals to the Northern Ireland Grand Committee for debate. The subsequent draft Orders in Council must be approved by resolution of both Houses before being made (affirmative procedure).

Draft Orders in Council (other than Orders in Council made without Parliamentary approval by reason of urgency (U)) dealing with matters within the competence of a suspended Assembly under Schedule 1 of the Northern Ireland Act 2000 must be approved by resolution of both Houses before being made (affirmative procedure).

Orders in Council made before Parliamentary approval by reason of urgency (U) must be approved by both Houses within 40 days of being made.

* Bills carried over from 2000-2001 Session.

Items marked † are new or have been altered

Regional Development Strategy

† That this Assembly agrees the Regional Development Strategy (‘Shaping our Future’) for Northern Ireland 2025.

[Minister for Regional Development]

[3 September 2001]

Extension of Committee Stage

Game Preservation (Amendment) Bill (NIA Bill 15/00)

† That, in accordance with Standing Order 31(5), the period referred to in Standing Order 31(3) be extended to 29 October 2001 in relation to the Committee Stage of the Game Preservation (Amendment) Bill (NIA Bill 15/00).

[Chairperson, Committee for the Environment]

[7 September 2001]

Titanic Quarter Leases

† That this Assembly takes note of the report of the Regional Development Committee’s Inquiry (1/01) into Belfast Harbour Commissioners’ allocation and variation of leases and connected transactions within the Harbour Estate and the extent to which they have served the public interest.

[Chairperson, Committee for Regional Development]

[10 September 2001]

Exclusion Motion

† That in consequence of,

- the failure of the Provisional IRA to offer up its illegal weaponry for destruction;

- the Republican Movement’s continuing terrorist threat, and active pursuit, of terrorist outrages to secure its aims;

- the maintenance by the IRA of an active terrorist organisation;

- the growing number of cases of IRA involvement in terrorist activity in Northern Ireland, the Republic of Ireland and across the globe;

- the fact that the Provisional IRA is inextricably linked to Sinn Féin; and

- the involvement and dominance of members of Sinn Féin in the decision-making "Army Council" of the Provisional IRA,

this Assembly resolves that Sinn Féin does not enjoy its confidence because it is not committed to non-violence and exclusively peaceful means, and further, in accordance with Section 30 of 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.

[Rev Dr I R K Paisley MP MEP]

[Mr P Robinson MP]

[4 September 2001]

Interdepartmental Working Group

† This Assembly calls on the Executive to establish an Interdepartmental Working Group to make recommendations on the removal of paramilitary flags, emblems and graffiti from public property.

[Mr K McCarthy]

[7 September 2001]

Townland Names

† This Assembly calls on each Government Department to adopt a policy of using and promoting townland names in all Government correspondence and official documents.

[Mr K McCarthy]

[Mr D Ford]

[7 September 2001]

Fuel Poverty

† That this Assembly encourages the Regulator General for Electricity and Gas to contribute to the eradication of fuel poverty by increasing the energy efficiency levy to £5.00 per customer, creating £3.6 million to tackle fuel poverty.

[Mr D Ford]

[10 September 2001]

Paramilitary Activity

† That this Assembly deplores the ongoing catalogue of paramilitary activity particularly from groups which are allegedly on cease-fire and which claim to accept the premise that only those committed to the use of exclusively peaceful and democratic means can participate in government in Northern Ireland; and further determines it is inconsistent and intolerable that any party associated with active terrorism continues to hold Executive positions.

[Mr P Robinson MP]

[10 September 2001]

NI Human Rights Commission

† That this Assembly believes, in the context of the development of a Bill of Rights, that the Northern Ireland Human Rights Commission has failed to discharge its remit, as given to it by the Belfast Agreement (1998), in its various contributions on the debate on developing human rights in Northern Ireland.

[Dr E Birnie]

[Mr J Leslie]

[10 September 2001]

Hospital Waiting Lists

† That this Assembly views with concern the ever-increasing waiting lists for medical and hospital treatment in our local health services, and requires immediate action to remedy this unacceptable and growing problem.

[Mr E McGrady MP]

[10 September 2001]