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No. 08/02
MINUTE OF PROCEEDINGS TUESDAY 1 OCTOBER 2002 The Assembly met at 10.30 am, 1. Personal Prayer or Meditation Members observed two minutes’ silence. 2. Executive Committee Business 2.1 Second Stage – Audit and Accountability Bill (NIA Bill 6/02) Dr Seán Farren, Minister of Finance and Personnel, moved that the Second Stage of the Audit and Accountability Bill (NIA Bill 6/02) be agreed. After debate, NIA Bill 6/02 passed Second Stage and stood referred to the Committee for Finance and Personnel. 2.2 Second Stage – Health and Personal Social Services (Quality, Improvement and Regulation) Bill (NIA Bill 7/02) Ms Bairbre de Brún, Minister of Health, Social Services and Public Safety, moved that the Second Stage of the Health and Personal Social Services (Quality, Improvement and Regulation) Bill (NIA Bill 7/02) be agreed. After debate, NIA Bill 7/02 passed Second Stage and stood referred to the Committee for Health, Social Services and Public Safety. 3. Private Members’ Business 3.1 Motion – MLA Appointment Proposed: 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] 3.2 Amendment Proposed: In line 1 delete ‘Seán Neeson MLA’ and insert: ‘Edwin Poots MLA, Chairman of the Committee of the Centre’ [Mr M Morrow] After debate, the Amendment being put, the Amendment fell (Division 1). The Question being put, the Motion was carried (Division 2). The Sitting was, by leave, suspended at 12.30 pm. The Sitting resumed at 2.00 pm. Deputy Speaker (Ms Jane Morrice) in the Chair. 3.3 Motion – Credit Card Abuse Proposed: 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] After debate, the Question being put, the Motion was carried without division. 3.4 Motion – Victims’ Memorial Garden Deputy Speaker (Mr Donovan McClelland) in the Chair. Proposed: That this Assembly recognises the heartache and suffering of the families of victims who perished as a result of the September 11th terrorist attack in the United States and welcomes Her Majesty’s Government’s funding for a memorial garden in remembrance of those victims. Accordingly, this Assembly calls upon Her Majesty’s Government to extend the same respect to the victims who died as a result of terrorism in this part of the United Kingdom by financing the creation of a similar memorial garden in Great Britain. [Ms J Carson] 3.5 Amendment Proposed: In line 6 after ‘respect to the’ insert: ‘innocent’ [Mr P Berry] After debate, the Amendment being put, the Amendment was made without division. The Question being put, the Motion, as amended, was carried without division. 4. Adjournment 4.1 Proposed: That the Assembly do now adjourn. [The Speaker] The Assembly adjourned at 3.53 pm. THE LORD ALDERDICE The Speaker 1 October 2002 NORTHERN IRELAND ASSEMBLY 1 OCTOBER 2002 DIVISIONS Division No.1 MLA Appointment - Amendment Proposed: In line 1 delete ‘Seán Neeson MLA’ and insert: ‘Edwin Poots MLA, Chairman of the Committee of the Centre’ [Mr M Morrow] The Question was put and the Assembly divided. Ayes : 22 Noes : 28 Ayes Fraser Agnew, Paul Berry, Gregory Campbell, Wilson Clyde, Nigel Dodds, Boyd Douglas, William Hay, David Hilditch, Billy Hutchinson, Roger Hutchinson, Gardiner Kane, Robert McCartney, William McCrea, Maurice Morrow, Ian Paisley Jnr, Edwin Poots, Iris Robinson, Mark Robinson, Jim Shannon, Denis Watson, Peter Weir, Sammy Wilson. Noes Alex Attwood, Joe Byrne, Séamus Close, Annie Courtney, John Dallat, Duncan Shipley Dalton, Bairbre de Brún, Seán Farren, David Ford, Tommy Gallagher, Carmel Hanna, Denis Haughey, Joe Hendron, John Kelly, Kieran McCarthy, Donovan McClelland, Alasdair McDonnell, Gerry McHugh, Eugene McMenamin, Pat McNamee, Francie Molloy, Jane Morrice, Conor Murphy, Mick Murphy, Seán Neeson, Danny O'Connor, Sue Ramsey, Bríd Rodgers. The Amendment fell. NORTHERN IRELAND ASSEMBLY 1 OCTOBER 2002 DIVISIONS Division No.2 MLA Appointment - Motion Proposed: 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] The Question was put and the Assembly divided. Ayes : 28 Noes : 21 Ayes Alex Attwood, Joe Byrne, Séamus Close, Annie Courtney, John Dallat, Duncan Shipley Dalton, Bairbre de Brún, Seán Farren, David Ford, Tommy Gallagher, Carmel Hanna, Denis Haughey, Joe Hendron, John Kelly, Kieran McCarthy, Donovan McClelland, Alasdair McDonnell, Gerry McHugh, Eugene McMenamin, Pat McNamee, Francie Molloy, Jane Morrice, Conor Murphy, Mick Murphy, Seán Neeson, Danny O'Connor, Sue Ramsey, Bríd Rodgers. Noes Fraser Agnew, Paul Berry, Gregory Campbell, Wilson Clyde, Nigel Dodds, Boyd Douglas, William Hay, David Hilditch, Derek Hussey, Billy Hutchinson, Roger Hutchinson, Gardiner Kane, Maurice Morrow, Ian Paisley Jnr, Edwin Poots, Iris Robinson, Mark Robinson, Jim Shannon, Denis Watson, Peter Weir, Sammy Wilson. The Motion was carried. NORTHERN IRELAND ASSEMBLY PAPERS PRESENTED TO THE ASSEMBLY ON 1 OCTOBER 2002
Strategic Investment and Regeneration of Sites Bill (NIA Bill 8/02) Energy Bill (NIA Bill 9/02)
(The department identified after each rule is for reference purposes only.)
FOR INFORMATION – WESTMINSTER PROCEEDINGS NORTHERN IRELAND LEGISLATION: PROCEEDINGS AS AT 1 OCTOBER 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.
Delegated Legislation relating to Northern Ireland (s. 85 of the Northern Ireland Act 1998) 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 1 OCTOBER 2002
(Cont’d / …..) NORTHERN IRELAND LEGISLATION:
EXECUTIVE BILLS (Cont’d) PROCEEDINGS AS AT 1 OCTOBER 2002
(Cont’d / …..) NORTHERN IRELAND LEGISLATION:
EXECUTIVE BILLS (Cont’d) PROCEEDINGS AS AT 1 OCTOBER 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 1 OCTOBER 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 EXECUTIVE COMMITTEE BUSINESS MOTION Draft Code of Practice on Redundancy Consultation and Procedures That the Labour Relations Agency’s draft Code of Practice on Redundancy Consultation and Procedures be approved. [Minister for Employment and Learning] Draft Code of Practice on Industrial Action Ballots That the Department for Employment and Learning’s draft Code of Practice on Industrial Action Ballots and Notice to Employers be approved. [Minister for Employment and Learning] Draft Code of Practice on Disciplinary and Grievance Procedures That the Labour Relations Agency’s draft Code of Practice on Disciplinary and Grievance Procedures be approved. [Minister for Employment and Learning] Statutory Rule subject to Confirmatory Resolution That the Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (SR 189/2002) be approved. [Minister for Social Development] Statutory Rule subject to Confirmatory Resolution That the Social Security (Intercalating Students Amendment) Regulations (Northern Ireland) 2002 (SR 243/2002) be approved. [Minister for Social Development] Statutory Rule subject to Confirmatory Resolution That the Child Support (Temporary Compensation Payment Scheme) (Modification and Amendment) Regulations (Northern Ireland) 2002 (SR 247/2002) be approved. [Minister for Social Development] COMMITTEE BUSINESS MOTION Department’s response to the ‘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] Committee of the Centre That, in accordance with Standing Order 58(2), this Assembly approves the establishment of a second Sub-Committee of the Committee of the Centre. [Chairperson, Committee of the Centre] 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] 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] 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] 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] War on Iraq That this Assembly expresses its grave concern at the current threat of war against Iraq, and of the potential to cause further instability in the region. This Assembly calls on the Prime Minister to work through the United Nations and its Security Council, in keeping with international law, to achieve a resolution of the current crisis and secure peace and stability in the region. [Ms M McWilliams] ‘Foot-and-Mouth Disease’ Report by PricewaterhouseCoopers That this Assembly notes the report by PricewaterhouseCoopers on Foot-and-Mouth Disease and calls on the Department of Agriculture and Rural Development to put in place the necessary measures to prevent the re-occurrence of this disease. [Mr I Paisley Jnr] Anorexia, Bulimia That this Assembly notes the lack of facilities for those who suffer from anorexia nervosa and bulimia nervosa and calls upon the Minister of Health, Social Services and Public Safety to make Province-wide provision in the National Health Service for specific clinical facilities and services to help those who struggle to cope with these illnesses. [Mrs I Robinson MP] Non-Natural Deaths in the Armed Forces That this Assembly calls on the Ministry of Defence to provide an independent public inquiry into the cause and circumstances surrounding 13 non-natural deaths which have occurred in the armed forces in Northern Ireland since 1994. [Mr M Robinson] NICS ‘Article 55 Review’ That this Assembly notes the publication of the fourth ‘Article 55 Review’ of the Northern Ireland Civil Service and calls on the Minister of Finance and Personnel to undertake a comprehensive analysis of the recruitment figures for the General Service Grades (comprising more than 17,000 employees) with a view to implementing a programme aimed at ensuring equality of opportunity across those grades. [Mr G Campbell MP] Child Poverty That this Assembly calls on the Office of the First Minister and Deputy First Minister to give particular attention to child poverty as a priority within the Children’s Strategy. [Ms P Lewsley] Entry into Force of the Kyoto Protocol That this Assembly welcomes the impending Entry into Force of the Kyoto Protocol; recognises that there are environmental, economic and ethical reasons for addressing our ‘ecological debt’ and climate change; and urges all Departments represented in the Executive and the Assembly Commission to join with industry and citizens in taking a lead in breaking the link between economic growth and our reliance on fossil fuels. [Dr D O’Hagan] Road Fuel Tax That this Assembly calls on the Executive to make representations to the British and Irish Governments to seek the harmonisation of road fuel prices on the island of Ireland; and further calls on the Executive to make representations to the British Chancellor of the Exchequer to create a special road fuel tax and VAT zone. [Mr F Molloy] Drink-driving related fatalities That this Assembly notes with concern that drinking and driving is a major factor in deaths on our roads and streets. [Ms M Nelis] Prayer of Annulment: Statutory Rule subject to Negative Resolution That the Fire Services (Appointments and Promotion) (Amendment) Regulations (Northern Ireland) 2002 (SR 283/2002) be annulled. [Mr P Berry] Public Judicial Inquiry † That this Assembly calls for a full public judicial inquiry into the alleged involvement of leading Members of Sinn Féin elected to the Assembly, in IRA murder and terrorism. [Mr C Wilson] |
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