Minutes of Proceedings

The Assembly met at noon, the Speaker in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes' silence.

2. Public Petition

2.1 Public Petition – Better Care for Children with Autism Spectrum Disorder in Northern Ireland

Mr Kieran McCarthy was granted leave, in accordance with Standing Order 22, to present a Public Petition regarding Better Care for Children with Autism Spectrum Disorder in Northern Ireland.

2.2 Motion – Suspension of Standing Orders

Proposed:

That Standing Orders 10(2) to 10(4) be suspended for 15 February 2016.

Mr P Weir
Ms C Ruane
Mrs K McKevitt
Mr R Swann
Mr S Dickson

The Question being put, the Motion was carried with cross-community support nemine contradicente.

3. Executive Committee Business

3.1 Statement – North South Ministerial Council in Health and Food Safety Sectoral Format

The Minister of Health, Social Services and Public Safety, Mr Simon Hamilton, made a statement regarding the North South Ministerial Council in Health and Food Safety Sectoral format, which was held in Armagh on Wednesday 20 January 2016, following which he replied to questions.

The Principal Deputy Speaker (Mr Newton) in the Chair.

3.2 Further Consideration Stage – Housing (Amendment) Bill (NIA Bill 58/11-16)

The Minister for Social Development, the Lord Morrow of Clogher Valley, moved the Further Consideration Stage of the Housing (Amendment) Bill (NIA Bill 58/11-16).

No amendments were tabled to the Bill.

The Housing (Amendment) Bill (NIA Bill 58/11-16) stood referred to the Speaker for consideration in accordance with Section 10 of the Northern Ireland Act 1998.

3.3 Consideration Stage – Budget Bill (NIA Bill 77/11-16)

The Minister of Finance and Personnel, Mr Mervyn Storey, moved the Consideration Stage of the Budget Bill (NIA Bill 77/11-16).

No amendments were tabled to the Bill.

Clauses

The question being put, it was agreed without division that Clauses 1 to 8 stand part of the Bill.

Schedules

The question being put, it was agreed without division that Schedules 1 to 5 stand part of the Bill.

Long Title

The question being put, the Long Title was agreed without division.

The Budget Bill (NIA Bill 77/11-16) stood referred to the Speaker.

The Speaker in the Chair.

3.4 Consideration Stage – Rural Needs Bill (NIA Bill 67/11-16)

A valid Petition of Concern, under Standing Order 28, was presented in relation to Amendment 5, on Monday 15 February 2016 (Appendix 1).

The Minister of Agriculture and Rural Development, Mrs Michelle O'Neill, moved the Consideration Stage of the Rural Needs Bill (NIA Bill 67/11-16).

Fourteen amendments were tabled to the Bill and selected for debate.

The Deputy Speaker (Mr Beggs) in the Chair.

The debate was suspended for Question Time.

The Speaker in the Chair.

4. Question Time

4.1 Office of the First Minister and deputy First Minister

Questions were put to, and answered by, the First Minister, Mrs Arlene Foster. The junior Minister, Mrs Emma Pengelly, also answered a number of questions.

The Principal Deputy Speaker (Mr Newton) in the Chair.

4.2 Environment

Questions were put to, and answered by, the Minister of the Environment, Mr Mark Durkan.

The Deputy Speaker (Mr Beggs) in the Chair.

5. Executive Committee Business (cont'd)

5.1 Consideration Stage – Rural Needs Bill (NIA Bill 67/11-16) (cont'd)

Debate resumed.

Clauses

After debate, amendment 1 to Clause 1 was made without division.

After debate, amendment 2 to Clause 1 was made without division.

After debate, amendment 3 to Clause 1 was made without division.

After debate, amendment 4 to Clause 1 was made without division.

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

Amendment 5 was not moved.

The question being put, it was agreed without division that Clause 2 stand part of the Bill.

After debate, amendment 6, inserting a new Clause 2A, was negatived on division (Division 1).

After debate, amendment 7 to Clause 3 was made without division.

After debate, amendment 8 to Clause 3 was made without division.

After debate, amendment 9 to Clause 3 was negatived without division.

After debate, amendment 10 to Clause 3 was made without division.

The question being put, it was agreed without division that Clause 3, as amended, stand part of the Bill.

After debate, amendment 11 to Clause 4 was negatived without division.

The question being put, it was agreed without division that Clause 4 stand part of the Bill.

After debate, amendment 12 to Clause 5 was made without division.

The question being put, it was agreed without division that Clause 5, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 6 and 7 stand part of the Bill.

Schedules

After debate, amendment 13, inserting a new Schedule, was made without division and it was agreed that the new schedule stand part of the Bill.

Long Title

After debate, amendment 14 to the Long Title was made without division.

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

The Rural Needs Bill (NIA Bill 67/11-16) stood referred to the Speaker.

5.2 Final Stage – Legal Complaints and Regulation Bill (NIA 50/11-16)

The Minister of Finance and Personnel, Mr Mervyn Storey, moved that the Final Stage of the Legal Complaints and Regulation Bill (NIA Bill 50/11-16) do now pass.

Debate ensued.

The Legal Complaints and Regulation Bill (NIA Bill 50/11-16) passed Final Stage.

5.3 Motion – Draft Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2016

Proposed:

That the draft Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2016 be approved.

Minister of Enterprise, Trade and Investment

Debate ensued.

The Deputy Speaker (Mr Dallat) in the Chair.

The Question being put, the Motion was carried (Division 2).

6. Committee Business

6.1 Motion – Appointment of an Acting Commissioner

Proposed:

That this Assembly notes that the Northern Ireland Assembly Commissioner for Standards is unable to act in relation to a complaint from Mr Sammy Wilson MP dated 15 December 2015; appoints Mr Gerard Elias as an Acting Commissioner, in accordance with section 23(1) of the Assembly Members (Independent Financial Review and Standards) Act (Northern Ireland) 2011, to investigate all such complaints; directs that this appointment shall cease when Mr Elias has reported on all such complaints; and further directs that the terms of his appointment, in particular his remuneration will, subject to any necessary modification, be the same as those of the Northern Ireland Assembly Commissioner for Standards.

Chairperson, Committee on Standards and Privileges

Debate ensued.

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

6.2 Motion – Report on the Inquiry into the Inclusion in the Arts of Working Class Communities (NIA 298/11-16)

Proposed:

That this Assembly approves the Report of the Committee for Culture, Arts and Leisure on its Inquiry into Inclusion in the Arts of Working Class Communities (NIA 298/11–16); and calls on the Minister of Culture, Arts and Leisure to implement the recommendations contained in the Report.

Chairperson, Committee for Culture, Arts and Leisure

Debate ensued.

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

7. Adjournment

Proposed:

That the Assembly do now adjourn.

The Deputy Speaker (Mr Dallat)

The Assembly adjourned at 7.52pm.

Mr Mitchel McLaughlin
The Speaker

15 February 2016

Appendix 1

The Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a Petition of Concern, in accordance with Standing Order 28, on Monday 15 February 2016, in relation to Amendment 5 of the Consideration Stage of the Rural Needs Bill (NIA Bill 67/11-16):

MR SYDNEY ANDERSON

MR JONATHAN BELL

MS PAULA BRADLEY

MR THOMAS BUCHANAN

MRS PAM CAMERON

MR GREGORY CAMPBELL

MR TREVOR CLARKE

MR JONATHAN CRAIG

MR SAMMY DOUGLAS

MR GORDON DUNNE

MR ALEX EASTON

MRS ARLENE FOSTER

MR PAUL FREW

MR PAUL GIRVAN

MR PAUL GIVAN

MRS BRENDA HALE

MR SIMON HAMILTON

MR DAVID HILDITCH

MR WILLIAM HUMPHREY

MR WILLIAM IRWIN

MR GORDON LYONS

MR NELSON MCCAUSLAND

MR IAN MCCREA

MR DAVID MCILVEEN

MISS MICHELLE MCILVEEN

MR ADRIAN MCQUILLAN

MR GARY MIDDLETON

THE LORD MORROW

MR STEPHEN MOUTRAY

MR ROBIN NEWTON

MRS EMMA PENGELLY

MR EDWIN POOTS

MR GEORGE ROBINSON

MR PETER ROBINSON

MR ALASTAIR ROSS

MR MERVYN STOREY

MR PETER WEIR

MR JIM WELLS

Appendix 2

The Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a Petition of Concern, in accordance with Standing Order 28, on Monday 15 February 2016, in relation to Amendment 116 of the Consideration Stage of the Mental Capacity Bill (NIA Bill 49/11-16):

MR SYDNEY ANDERSON

MR JONATHAN BELL

MS PAULA BRADLEY

MR THOMAS BUCHANAN

MRS PAM CAMERON

MR GREGORY CAMPBELL

MR TREVOR CLARKE

MR JONATHAN CRAIG

MR SAMMY DOUGLAS

MR GORDON DUNNE

MR ALEX EASTON

MRS ARLENE FOSTER

MR PAUL FREW

MR PAUL GIRVAN

MR PAUL GIVAN

MRS BRENDA HALE

MR SIMON HAMILTON

MR DAVID HILDITCH

MR WILLIAM HUMPHREY

MR WILLIAM IRWIN

MR GORDON LYONS

MR NELSON MCCAUSLAND

MR IAN MCCREA

MR DAVID MCILVEEN

MISS MICHELLE MCILVEEN

MR ADRIAN MCQUILLAN

MR GARY MIDDLETON

THE LORD MORROW

MR STEPHEN MOUTRAY

MRS EMMA PENGELLY

MR EDWIN POOTS

MR GEORGE ROBINSON

MR PETER ROBINSON

MR ALASTAIR ROSS

MR MERVYN STOREY

MR PETER WEIR

MR JIM WELLS

15 February 2016
Division 1

Consideration Stage – Rural Needs Bill (NIA Bill 67/11-16) (Amendment 6)

The Question was put and the Assembly divided.

Ayes: 31
Noes: 62

AYES

Mr Agnew, Mr Allen, Mr Allister, Mr Attwood, Mr Cochrane-Watson, Mr Cree, Mr Dallat, Mr Dickson, Mr Diver, Mrs Dobson, Mr Eastwood, Mr Gardiner, Ms Hanna, Mr Hussey, Mrs D Kelly, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCarthy, Mr McCrossan, Mr McGimpsey, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness, Mr Nesbitt, Mrs Overend, Mr Patterson, Mr Rogers, Mr Swann

Tellers for the Ayes: Mrs Dobson, Mr Patterson

NOES
Mr Anderson, Mr Bell, Mr Boylan, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Lynch, Mr Lyons, Mr McAleer, Mr McCallister, Mr F McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr I McCrea, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Middleton, Mr Milne, Lord Morrow, Mr Moutray, Mr Murphy, Mr Newton, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Storey, Mr Weir, Mr Wells

Tellers for the Noes: Mr Anderson, Mr Milne

Amendment 6 was negatived.

15 February 2016
Division 2

Motion – Draft Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2016

Proposed:

That the draft Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2016 be approved.

Minister of Enterprise, Trade and Investment

The Question was put and the Assembly divided.

Ayes: 60
Noes: 34

AYES

Mr Anderson, Mr Bell, Mr Boylan, Ms P Bradley, Mr Buchanan, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Lynch, Mr Lyons, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Mr McCausland, Ms McCorley, Mr I McCrea, Mr McElduff, Ms McGahan, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Middleton, Mr Milne, Lord Morrow, Mr Murphy, Mr Newton, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Mrs Pengelly, Mr Poots, Mr G Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Storey, Mr Weir, Mr Wells

Tellers for the Ayes: Mr McQuillan, Mr G Robinson

NOES

Mr Agnew, Mr Allen, Mr Allister, Mr Attwood, Mrs Cochrane, Mr Cochrane-Watson, Mr Cree, Mr Dickson, Mr Diver, Mrs Dobson, Mr Durkan, Mr Eastwood, Mr Gardiner, Ms Hanna, Mr Hussey, Mrs D Kelly, Mr Kennedy, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCarthy, Mr B McCrea, Mr McCrossan, Mr McGimpsey, Mr McGlone, Mrs McKevitt, Mr McKinney, Mr A Maginness, Mr Nesbitt, Mrs Overend, Mr Patterson, Mr Rogers, Mr Swann

Tellers for the Noes: Mr Cochrane-Watson, Mr McKinney

The Motion was carried.

Rural Needs Bill

Annotated Marshalled List of Amendments

Consideration Stage

Monday 15 February 2016

Amendments tabled up to 9.30am Wednesday, 10 February 2016 and selected for debate.

The Bill will be considered in the following order

Clauses, Schedules and Long Title

Amendment 1 [Made]

Clause 1, Page 1, Line 2

Leave out 'consider' and insert 'have due regard to'

Chair, Committee for Agriculture and Rural Development

Amendment 2 [Made]

Clause 1, Page 1

Leave out lines 7 to 9 and insert 'any body or person listed in the Schedule.'

Chair, Committee for Agriculture and Rural Development

Amendment 3 [Made]

Clause 1, Page 1, Line 9

At end insert -

'(2A) The Department must, at least every three years from the coming into operation of this section, review the list of bodies and persons set out in the Schedule and, if it thinks it appropriate, amend the Schedule to—

(a) add a body or person to the Schedule;

(b) remove a body or person from the Schedule; or

(c) modify any entry in the Schedule.'

Chair, Committee for Agriculture and Rural Development

Amendment 4 [Made]

Clause 1, Page 1, Line 15

At end insert -

'(4A) An order under subsection (2A) may contain such transitional provision as the Department thinks appropriate.'

Chair, Committee for Agriculture and Rural Development

Amendment 5 [Not Moved]

Clause 2, Page 1, Line 19

Leave out 'may' and insert 'must'

Minister of Agriculture and Rural Development

Amendment 6 [Negatived on division]

New Clause

After Clause 2 insert -

'Training

2A. The Department may take such steps as appear to it to be appropriate to ensure all staff who develop, adopt, implement or revise policies, strategies and plans receive training connected with identifying and meeting rural needs.'

Mrs Jo-Anne Dobson

Mr Robin Swann

Amendment 7 [Made]

Clause 3, Page 2, Line 6

At end insert-

'(aa) include this information in its annual report; and'

Mrs Jo-Anne Dobson

Mr Robin Swann

Amendment 8 [Made]

Clause 3, Page 2, Line 8

Leave out 'prepare' and insert 'publish'

Minister of Agriculture and Rural Development

Amendment 9 [Negatived]

Clause 3, Page 2, Line 9

At end insert-

'(aa) its assessment of how each public authority considered rural needs; and'

Mrs Jo-Anne Dobson

Mr Robin Swann

Amendment 10 [Made]

Clause 3, Page 2, Line 12

At end insert -

'(2A) The Minister of Agriculture and Rural Development must, on or after the day on which the report is laid before the Assembly, make a statement to the Assembly about the content of the report.'

Minister of Agriculture and Rural Development

Amendment 11 [Negatived]

Clause 4, Page 2, Line 14

Leave out from second 'with' to 'securing' on line 15 and insert 'to secure'

Mrs Jo-Anne Dobson

Mr Robin Swann

Amendment 12 [Made]

Clause 5, Page 2, Line 19

After 'appoint' insert 'but no later than 1 June 2017'

Mrs Jo-Anne Dobson

Mr Robin Swann

Amendment 13 [Made]

New Schedule

After Clause 7 insert-

SCHEDULE

Section 1.

Public authorities for the purposes of this Act

A Northern Ireland department

A district council

The Chief Constable of the Police Service of Northern Ireland

The Council for Catholic Maintained Schools

The Education Authority

A Health and Social Care Trust

Invest Northern Ireland

The Northern Ireland Fire and Rescue Service Board

The Northern Ireland Housing Executive

The Northern Ireland Library Authority

The Northern Ireland Tourist Board

The Regional Agency for Public Health and Social Well-Being

The Regional Health and Social Care Board

The Sports Council for Northern Ireland'

Chair, Committee for Agriculture and Rural Development

Amendment 14 [Made]

Long Title

Leave out 'consider' and insert 'have due regard to'

Chair, Committee for Agriculture and Rural Development

Papers Presented to the Assembly on
11 - 15 February 2016

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

The Insolvency Service Annual Report and Account for the year ended 31 March 2015 (DETI).

Legislative Consent Memorandum – Northern Ireland (Stormont Agreement and Implementation Plan) Bill (OFMDFM).

5. Assembly Reports

Report on the Northern Ireland Events Company (NIA 308/11-16) (Public Accounts Committee).

Report on Assembly Committee Priorities for European Scrutiny 2016 (NIA 303/11-16) (Committee for the Office of the First Minister and deputy First Minister).

Report on the Scrap Metal Dealers Bill (NIA Bill 65/11-16) (NIA 307/11-16) (Committee for the Environment).

Tenth Report of the Examiner of Statutory Rules (NIA 309/11-16) (Examiner of Statutory Rules).

6. Statutory Rules

S.R. 2016/36 The College Street, Belfast (Stopping-Up) Order (Northern Ireland) 2016 (DRD).

S.R. 2016/38 The Green Road, Conlig (Abandonment) Order (Northern Ireland) 2016 (DRD).

S.R. 2016/40 The Former Route C646 Killyliss Road, Dungannon (Abandonment) Order (Northern Ireland) 2016 (DRD).

S.R. 2016/44 The Social Security (Housing Costs Amendments) Regulations (Northern Ireland) 2016 (DSD).

For Information Only

S.R. 2016/37 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2016 (DEL).

S.R. 2016/39 The Moyallan Road, Portadown and College Lands Road, Charlemont (Part-Time 20mph Speed Limit) Order (Northern Ireland) 2016 (DRD).

7. Written Ministerial Statements

A5 Western Transport Corridor – Consultation on Draft Statutory Orders and Environmental Statement (DRD).

8. Consultation Documents

9. Departmental Publications

Research for Better Health and Social Care - A strategy for health and social care research and development in Northern Ireland (2016-2025) (DHSSPS).

Report on the Proposal to Rename the Driver and Vehicle Testing Agency (DVTA) Trading Fund Order and to Extend its Scope (DOE).

Local Government Auditors Draft Code of Audit Practice 2016 (DOE).

10. Agency Publications

11. Westminster Publications

12. Miscellaneous Publications