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No. 02/02NORTHERN IRELAND ASSEMBLYMINUTE OF PROCEEDINGSTUESDAY 10 SEPTEMBER 2002The Assembly met at 10.30 am, the Speaker in the Chair 1. Personal Prayer or Meditation Members observed two minutes’ silence. 2. Executive Committee Business 2.1 Statement – North/South Ministerial Council: Inland Waterways The Minister of Culture, Arts and Leisure, Mr Michael McGimpsey, made a statement to the Assembly on the meeting of the North/South Ministerial Council in its Inland Waterways sectoral format held on 26 June 2002, following which he replied to questions. 2.2 Second Stage – Social Security Bill (NIA Bill 3/02) Mr Nigel Dodds MP, Minister for Social Development, moved that the Second Stage of the Social Security Bill (NIA Bill 3/02) be agreed. After debate, NIA Bill 3/02 passed Second Stage. 3. Committee Business 3.1 Second Stage – Assembly Ombudsman for Northern Ireland (Assembly Standards) Bill (NIA Bill 25/01) Mr Donovan McClelland, Chairperson of the Committee on Standards and Privileges, moved that the Second Stage of the Assembly Ombudsman for Northern Ireland (Assembly Standards) Bill (NIA Bill 25/01) be agreed. After debate, NIA Bill 25/01 passed Second Stage and stood referred to the Committee of the Centre. 4. Private Members’ Business 4.1 Motion - Asperger’s Syndrome Proposed: That this Assembly calls on the Ministers of Education and Health, Social Services and Public Safety to instigate a comprehensive review of the services provided for people, adults and children, with Asperger’s syndrome and the training of professionals specialising in the treatment of such individuals. [Mr J Fee] After debate, the Question being put, the Motion was carried without division. The Sitting was, by leave, suspended at 12.30 pm. The Sitting resumed at 2.00 pm. Deputy Speaker (Mr Jim Wilson) in the Chair. 4.2 Motion – Anti-sectarianism Proposed: In its belief that all sections of our community have the right to exist and all people have the right to live free from violence and intimidation whether at home, at school, or the workplace, this Assembly expresses its sympathy to all those who have been the victims of sectarian murder, violence and intimidation in recent times, and rejects sectarianism and commits itself to providing leadership on this issue in practical ways. That this Assembly also re-affirms its commitment to non-violence and exclusively peaceful and democratic means to resolve disputes. [Mr G Kelly] 4.3 Amendment No.1 Proposed: In line 4 delete all after ‘victims of’ and insert: ‘terrorist murder, violence and intimidation, rejects republican and loyalist sectarianism and commits itself to providing leadership on this issue in practical ways. This Assembly re-affirms its commitment to non-violence and exclusively peaceful and democratic means and calls upon all parties to actively support and co-operate with the Police Service of Northern Ireland in securing evidence against those involved in violence and in default of their ceasefires.’ [Mr M McGimpsey] [Dr E Birnie] [Mr K Robinson] 4.4 Amendment No.2 Proposed: In line 2 delete all after ‘intimidation’ and insert: ‘this Assembly expresses its sympathy to all the innocent victims of terrorist attack, murder, violence and intimidation, notes the continued participation by all paramilitary groupings in a campaign of violence and street disorder thus confirming the breakdown of their ceasefires and therefore calls upon the community to support the Police Service of Northern Ireland as part of the battle against all types of terrorism and continuing disorder. This Assembly affirms its commitment to non-violence and exclusively peaceful and democratic means.’ [Rev Dr I R K Paisley MP MEP] [Mr P Robinson MP] [Mr N Dodds] [Mr M Morrow] 4.5 Amendment No.3 Proposed: In line 3 delete all after ‘school’ to line 6 ‘in practical ways’ and insert: ‘in workplaces, in local communities and in political and policing institutions, this Assembly expresses its sympathy for all those who have been murdered in the course of the current conflict, to all those who have been subject to violence and intimidation from whatever source, rejects sectarianism and commits itself to provide leadership on the issue in practical ways, including: support for local efforts to develop opportunities for good relations; by calling on political parties to oppose any words, actions or displays of a sectarian nature; and by emphasising the importance that the police ensure that vulnerable communities are adequately protected and that those who direct or are involved in criminal or sectarian activities are prosecuted.’ [Mr A Attwood] Debate ensued. The Deputy Speaker, Mr Jim Wilson, invited Mr Paddy Roche to withdraw comments he had made regarding Mr G Kelly MLA. Mr Roche refused and was ordered, under Standing Order 60(1), to withdraw immediately from the Chamber and its precincts during the remainder of the day’s Sitting. Mr Roche withdrew from the Assembly. Deputy Speaker (Mr Donovan McClelland) in the Chair. Amendment No.1 being put, the Amendment was made (Division 1). Amendment No.2 being put, the Amendment fell without division. Amendment No.3 was not put. The Question being put, the Motion, as amended, was carried without division. 5. Adjournment Deputy Speaker (Ms Jane Morrice) in the Chair. 5.1 Mr Joe Byrne spoke on the condition of A-class roads in West Tyrone. Proposed: That the Assembly do now adjourn. [The Speaker] The Assembly adjourned at 5.08 pm. THE LORD ALDERDICE The Speaker 10 September 2002 NORTHERN IRELAND ASSEMBLY 10 SEPTEMBER 2002 DIVISIONS Division No.1 Anti-sectarianism - Amendment Proposed: In line 4 delete all after ‘victims of’ and insert: ‘terrorist murder, violence and intimidation, rejects republican and loyalist sectarianism and commits itself to providing leadership on this issue in practical ways. This Assembly re-affirms its commitment to non-violence and exclusively peaceful and democratic means and calls upon all parties to actively support and co-operate with the Police Service of Northern Ireland in securing evidence against those involved in violence and in default of their ceasefires.’ [Mr M McGimpsey] [Dr E Birnie] [Mr K Robinson] The Question was put and the Assembly divided. Ayes : 47 Noes : 33 Ayes Ian Adamson, Fraser Agnew, Billy Armstrong, Roy Beggs, Billy Bell, Paul Berry, Esmond Birnie, Norman Boyd, Gregory Campbell, Mervyn Carrick, Joan Carson, Wilson Clyde, Robert Coulter, Duncan Shipley Dalton, Ivan Davis, Nigel Dodds, Boyd Douglas, Reg Empey, Sam Foster, Oliver Gibson, John Gorman, Tom Hamilton, William Hay, David Hilditch, Derek Hussey, Roger Hutchinson, Gardiner Kane, Danny Kennedy, James Leslie, Robert McCartney, Alan McFarland, Michael McGimpsey, Maurice Morrow, Ian Paisley Jnr, Ian R K Paisley, Edwin Poots, Iris Robinson, Ken Robinson, Mark Robinson, Peter Robinson, Jim Shannon, David Trimble, Denis Watson, Peter Weir, Jim Wells, Cedric Wilson, Jim Wilson. Noes Gerry Adams, Alex Attwood, P J Bradley, Joe Byrne, Michael Coyle, Bairbre de Brún, Mark Durkan, Seán Farren, John Fee, Tommy Gallagher, Michelle Gildernew, Carmel Hanna, Denis Haughey, Joe Hendron, Gerry Kelly, John Kelly, Patricia Lewsley, Alban Maginness, Alex Maskey, Alasdair McDonnell, Barry McElduff, Martin McGuinness, Gerry McHugh, Mitchel McLaughlin, Francie Molloy, Conor Murphy, Mick Murphy, Mary Nelis, Danny O'Connor, Dara O'Hagan, Eamonn ONeill, Sue Ramsey, Bríd Rodgers. The Amendment was made. NORTHERN IRELAND ASSEMBLY PAPERS PRESENTED TO THE ASSEMBLY ON 10 SEPTEMBER 2002
Family Law (Divorce etc.) Bill (NIA Bill 1/02) Areas of Special Scientific Interest Bill (NIA Bill 2/02)
(The department identified after each rule is for reference purposes only.) SR No 277 Cycle Tracks (Bushmills and Lisagunogue) Order (Northern Ireland) 2002 (DRD) SR No 280 The Housing Benefit (General) (Amendment) Regulations (Northern Ireland) 2002 (DSD)
FOR INFORMATION – WESTMINSTER PROCEEDINGS NORTHERN IRELAND LEGISLATION: PROCEEDINGS AS AT 10 SEPTEMBER 2002 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 Legislation of the Northern Ireland Assembly (s. 15 of the Northern Ireland Act 1998) 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.
NORTHERN IRELAND LEGISLATION: EXECUTIVE BILLS PROCEEDINGS AS AT 10 SEPTEMBER 2002
(Cont’d …/ ) NORTHERN IRELAND LEGISLATION: EXECUTIVE BILLS (Cont’d) PROCEEDINGS AS AT 10 SEPTEMBER 2002
(Cont’d …/ ) * Bills carried over from 2001-2002 Session. **Bills which are granted accelerated passage do not pass through a Committee Stage.
NORTHERN IRELAND LEGISLATION: NON-EXECUTIVE BILLS PROCEEDINGS AS AT 10 SEPTEMBER 2002
* Bills carried over from 2000-2001 Session # Bills carried over from 2001-2002 Session THE NORTHERN IRELAND ASSEMBLY LIST OF MOTIONS NO DAY NAMED Items marked † are new or have been altered COMMITTEE BUSINESS MOTION Energy Inquiry Report That this Assembly takes note of the response from the Minister of Enterprise, Trade and Investment to the Committee’s Report on Energy (3/01R). [Deputy Chairperson, Committee for Enterprise, Trade
and Investment] ‘Education and Training for Industry’ Report That this Assembly takes note of the Report from the Committee for Employment and Learning on the Department for Employment and Learning’s Response to the Committee’s Inquiry Report on ‘Education and Training for Industry’ (02/01R). [Chairperson, Committee for Employment and Learning] PRIVATE MEMBERS’ BUSINESS MOTION Dissolution of Assembly This Assembly resolves, pursuant to Section 32(1) of the Northern Ireland Act 1998, that it should be dissolved to facilitate an early election. [Rev Dr I R K Paisley MP MEP] Policing That this Assembly expresses concern at the comments of the Acting Chief Constable of 22 August 2002 that highlighted the failure of the Patten recommendations to address the issue of size of force and skills necessary to meet policing demands and that counter-terrorist activity is now at a higher scale than before 1997 and calls for the following: - the retention of the Full-Time Reserve as a crucial element of delivering policing both in terms of numbers and skill capabilities; - the courts to deploy stiffer sentencing policy against criminals; - the use of anti-terrorism legislation to bring together all government agencies to effectively tackle crime; - the postponement of the fourth year of the Patten severance scheme; - the immediate re-deployment of former RUC officers to fill the skills gap that now exists; and - an end to the political policing by way of having different tactics and sentencing arrangements for the two sections of the community. [Mr I Paisley Jnr] Preserving Stormont Estate That this Assembly, wishing to preserve the built and natural environment of the Stormont Estate and its immediate surrounding district of distinctive and long established townscape, wishes legislation to be brought forward to create a ‘Stormont Designated Area’ to extend to the Massey Avenue/Castlehill Road junction, within which any additional building or any replacement building is subject to the authorisation of the Assembly Commission and is consistent with the type, purpose, mass and dimension of existing buildings and reflects the unique character of this suburb. [Mr T Hamilton] Underfunding in the Health Service That this Assembly endorses the campaigns in the local media and supports the initiative taken by Northern Ireland Construction Health and Safety Group (NICON) to prioritise public expenditure to provide the additional resources necessary to address the serious underfunding in the Health Service and calls on the Executive Committee to bring forward proposals within the current financial year to begin to remedy this situation. [Mr J Kelly] ‘Investing for Health’ That this Assembly takes note of the ‘Investing for Health’ document. [Ms S Ramsey] Free Nursing Care for the Elderly That this Assembly calls on the Executive to provide the finance which would allow the Minister of Health, Social Services and Public Safety to follow on from the introduction of Free Nursing Care for the Elderly to include Free Personal Care. [Ms S Ramsey] Review of Sources of Economic Advice That this Assembly notes the outcome of the review of sources of economic advice to government and calls on OFMDFM to guarantee the independence of the new arrangements replacing the Northern Ireland Economic Council and Northern Ireland Economic Research Centre. [Dr E Birnie] Decentralisation of Civil Service Jobs That this Assembly calls on the Executive to begin a meaningful and planned decentralisation of Civil Service jobs to areas outside Greater Belfast, keeping in mind the need to address issues of equality, care for the environment and best use of human resources as well as cost. [Mr J Dallat] Credit Card Abuse That this Assembly notes the recent abuse of credit cards used in the payment of expenses by personnel in Government agencies, as contained in the reports by the Comptroller and Auditor General, and calls for a comprehensive review of how Government Departments and their agencies settle their accounts. [Mr J Dallat] Postal Delivery Service That this Assembly expresses concern at the threat posed to the universal postal delivery service as a result of the proposals by Postcomm, which would allow competitors to "cherry-pick" the profitable parts of the postal service. [Mr J Dallat] Involvement of Children in Armed Conflict That this Assembly takes note that 300,000 children under 18, and some as young as six years old, both boys and girls, are fighting as soldiers with Government armed forces and armed opposition groups in more than 30 countries world-wide; that children are particularly at risk in Africa and parts of Asia and the Pacific; that the use of children as soldiers must be made completely unacceptable in any circumstances; that Governments in developed countries must be persuaded to take action not only to protect children in their countries but to protect children world-wide; and therefore urges the British Government immediately to ratify the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict in full without reservations and to persuade other European Union countries to do the same. [Mr E McGrady MP] Areas of Special Scientific Interest That this Assembly calls on the Minister of the Environment to ensure that the new consultation document on areas of special scientific interest, which will have a widespread impact on the farming industry, rural communities and the environment, is withdrawn. [Mr E McGrady MP] Investment in the Trans European Network routes That this Assembly calls upon the Department for Regional Development to work in close co-operation with the National Roads Authority in the Republic of Ireland to further the development of and investment in the Trans European Network (TENS). [Mr J Byrne] Third Party Appeals That this Assembly calls on the Minister of the Environment to introduce Third Party Appeals in the current review of Planning legislation. [Ms M McWilliams] Charities Commissioner That this Assembly gives consideration to the establishment of a Charities Commissioner for Northern Ireland. [Ms M McWilliams] Plastic Bags That this Assembly calls on the UK Environment Minister, Michael Meacher MP, to introduce a tax on non bio-degradable plastic bags. [Ms M McWilliams] Euro That this Assembly calls on all parties to encourage support for a yes vote in a referendum on the introduction of the Single European Currency to the United Kingdom. [Ms M McWilliams] Student Bursaries That this Assembly calls for an urgent review of the qualifying threshold for student bursaries and also calls for the Executive to begin discussions about the introduction of education maintenance allowances for 16 to 19 year olds. [Mr T Gallagher] Student Fees That this Assembly calls on the Minister for Employment and Learning to take immediate steps to end student fees for third level education. [Mr B McElduff] Peace II Allocations That this Assembly takes note of the allocations made under the Peace II EU support programme. [Mr P Doherty MP] Brucellosis That this Assembly calls on the Minister of Agriculture and Rural Development to implement immediately an effective eradication policy to deal with the outbreak of brucellosis. [Mr C Murphy] Racist Incidents That this Assembly takes note of the recent report by the national consultative committee on racism and interculturism ‘Reporting of Racist Incidents’. [Mr A Maskey] Patrick Finucane That this Assembly supports the Finucane family in its demand for a full independent public judicial inquiry into the killing of Patrick Finucane. [Mr G Kelly] Pollution to the Water Supply That this Assembly notes the detrimental effect on the community and environment of pollution to the water supply and calls on Crown immunity from prosecution for the Water Service to be abolished. [Ms M Nelis] Kyoto Protocol to the UN Framework Convention on Climate Change That this Assembly welcomes the impending ratification of the Kyoto Protocol by European countries; recognises that there are environmental, ethical and economic reasons for supporting the Kyoto Protocol; and urges the British and Irish Governments to encourage countries who have not yet committed themselves to ratification to do so. [Dr D O’Hagan] Planning Legislation That this Assembly calls on the Minister of the Environment to introduce planning legislation to compel developers to maintain land in their ownership that is surplus to development requirements. [Ms M Nelis] Bloody Sunday That this Assembly supports the relatives of those killed on Bloody Sunday in their effort to establish the truth, through the Saville Inquiry. [Ms M Nelis] Car Crimes That this Assembly calls on the Executive to set up a car crime task force to consider and make proposals with respect to all relevant areas; calls on the British Government to review the law on offences involving car theft including recommendations for longer sentences; and calls on the relevant legal authorities to review bail policy for those charged with car crime. [Ms P Lewsley] Establishment of an All Island Structure That this Assembly supports the establishment of an all island structure to represent our interests in Agriculture and Rural Development at EU and wider level in co-operation with farm organisations North and South. [Mr G McHugh] ‘The Foot-and-Mouth Disease Crisis and the Irish Border’ Report That this Assembly takes note of the Centre for Cross Border Studies Report ‘The Foot-and-Mouth Disease Crisis and the Irish Border’. [Mr G McHugh] Fair Price Commission That this Assembly notes the disastrous situation of agriculture in Northern Ireland and urges the Minister of Agriculture and Rural Development to establish a Fair Price Commission with one of its principal functions being to investigate the distribution of profits within the Agri-Food sector. [Mr G Savage] Interdepartmental Working Group That this Assembly calls on the Executive to establish without further delay, and in addition to the planned Review of Community Relations Policy, an Interdepartmental Working Group to tackle the problem of paramilitary flags and sectarian graffiti as unanimously agreed by this Assembly on 24 September 2001. [Mr K McCarthy] Gibraltar That this Assembly notes the forthcoming referendum in Gibraltar and calls upon the British Government to recognise and respect the democratically expressed wishes of the citizens of Gibraltar. [The Lord Kilclooney] Turkmenistan That this Assembly urges the Secretary of State for Foreign and Commonwealth Affairs to make representations to the United Nations to intervene on behalf of all religious groups who have been subject to extreme subjugation and repression under the undemocratic Government of Turkmenistan. [Mr J Shannon] RUC Radio System That this Assembly calls upon the Government to investigate fully the alleged link between the RUC’s radio system and the disproportionately high number of Special Branch’s anti-terrorist officers who have contracted or died of cancer. [Mr J Shannon] Child Abuse That this Assembly urges the Home Secretary to enact legislation that will in effect be a "Sarah’s Law" for the United Kingdom and further urges him to investigate thoroughly the law in America known as "Megan’s Law" and to apply the workable parts of it to this country as soon as possible. [Mr J Shannon] 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] Prevention of Bullying in the Workplace That this Assembly believes that existing legislation aimed at the prevention of bullying in the workplace is inadequate and that increased effort needs to be directed towards introducing legislation to minimise the occurrence of such bullying. [Mr J Shannon] MLA Appointment That this Assembly appoints Seán Neeson MLA as its nominee to the Regional Chamber of the Congress of Regional and Local Authorities of Europe. [Mr D Ford] Attacks on Emergency Services Staff † That this Assembly condemns the mindless attacks against emergency services workers; recognises the vital role that fire-fighters, ambulance staff and police officers provide in supporting the local community and ensuring public safety, and considers that the Northern Ireland Executive and the Secretary of State for Northern Ireland should take all necessary steps to ensure that the safety of all staff who work within the emergency services is safeguarded. [Mr D Hussey] Hospital Waiting Lists † That this Assembly notes with concern the most recent statistics on hospital waiting lists and calls on the Minister of Health, Social Services and Public Safety to put in place a policy that urgently addresses the needs of patients by reducing the number of patients and length of time spent on these waiting lists. [Mr I Paisley Jnr] Increasing Insurance Costs † That this Assembly calls on the Minister of Enterprise, Trade and Investment to investigate the increasing cost of insurance for small businesses and the voluntary and community sector; and to make representations to the British Chancellor of the Exchequer to alleviate their burden. [Mr F Molloy] |
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