Minutes of Proceedings

The Assembly met at 10.30am, the Principal Deputy Speaker (Mr Newton) in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes' silence.

2. Assembly Business

2.1 Consideration of business not concluded on Monday 29 February 2016

The Speaker informed the Assembly that all business listed on the Order Paper for 29 February 2016 was concluded.

3. Executive Committee Business

3.1 Motion – Accelerated Passage: The Land Acquisition and Compensation (Amendment) Bill (NIA Bill 78/11-16)

Proposed:

That the Land Acquisition and Compensation (Amendment) Bill (NIA Bill 78/11-16) proceed under the accelerated passage procedure.

Minister for Regional Development

Debate ensued.

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

3.2 Second Stage – Land Acquisition and Compensation (Amendment) Bill (NIA Bill 78/11-16)

The Minister for Regional Development, Miss Michelle McIlveen, moved the Second Stage of the Land Acquisition and Compensation (Amendment) Bill (NIA Bill 78/11-16).

Debate ensued.

The Land Acquisition and Compensation (Amendment) Bill (NIA Bill 78/11-16) passed Second Stage.

3.3 Motion – Suspension of Standing Order 42(1)

Proposed:

That Standing Order 42(1) be suspended in respect of the Final Stage of the Employment Bill (NIA Bill 73/11-16).

Minister for Employment and Learning

Debate ensued.

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

3.4 Final Stage – Employment Bill (NIA Bill 73/11-16)

The Minister for Employment and Learning, Dr Stephen Farry, moved that the Final Stage of the Employment Bill (NIA Bill 73/11-16) do now pass.

Debate ensued.

The Employment Bill (NIA Bill 73/11-16) passed Final Stage.

3.5 Further Consideration Stage – Justice (No.2) Bill (NIA Bill 57/11-16)

The Minister of Justice, Mr David Ford, moved the Further Consideration Stage of the Justice (No. 2) Bill.

Nine amendments were tabled to the Bill.

Clauses

After debate, amendment 1 to Clause 35 was made without division.

After debate, amendment 2 to Clause 39 was made without division.

After debate, amendment 3 to Clause 51 was made without division.

After debate, amendment 4 to Clause 51 was made without division.

After debate, amendment 5 to Clause 51 was made without division.

After debate, amendment 6 to Clause 54 was made without division.

Schedules

After debate, amendment 7 inserting new Schedule 3A was made without division and it was agreed that the new schedule stand part of the Bill.

Long Title

After debate, amendment 8 to the Long Title was made without division.

After debate, amendment 9 to the Long Title was made without division.

The Justice (No.2) Bill (NIA Bill 57/11-16) stood referred to the Speaker for consideration in accordance with section 10 of the Northern Ireland Act 1998.

4. Committee Business

4.1 Motion – Report on Review of Public Petitions Procedures (NIA 305/11-16)

Proposed:

That this Assembly approves the report of the Committee on Procedures on its Review of Public Petitions Procedures (NIA 305/11-16).

Chairperson, Committee on Procedures

Debate ensued.

The Question being put, the Motion was carried.

The sitting was suspended at 12.59pm.

The sitting resumed at 2.00pm, with the Deputy Speaker (Mr Beggs) in the Chair.

5. Question Time

5.1 Education

Questions were put to, and answered by, the Minister of Education, Mr John O'Dowd.

5.2 Employment and Learning

Questions were put to, and answered by, the Minister for Employment and Learning, Dr Stephen Farry.

The Deputy Speaker (Mr Dallat) in the Chair.

6. Committee Business (cont'd)

6.1 Motion – Report on the Inquiry into post Special Educational Need Provision in Education, Employment and Training for those with Learning Disabilities in Northern Ireland (NIA 306/11-16)

Proposed:

That this Assembly approves the Report of the Committee for Employment and Learning on the Inquiry into post Special Educational Need (SEN) Provision in Education, Employment and Training for those with Learning Disabilities in Northern Ireland (NIA 306/11-16); and calls on the Minister for Employment and Learning to liaise with his relevant Executive colleagues to implement the recommendations contained in the Report.

Chairperson, Committee for Employment and Learning

Debate ensued.

The Question being put, the Motion was carried.

7. Adjournment

Proposed:

That the Assembly do now adjourn.

The Deputy Speaker (Mr Dallat)

The Assembly adjourned at 5.17pm.

Mr Mitchel McLaughlin
The Speaker

01 March 2016

Justice (No. 2) Bill

Annotated Marshalled List of Amendments

Further Consideration Stage

Tuesday 1 March 2016

Amendments tabled up to 9.30am Wednesday, 24 February 2016 and selected for debate.

Amendment 1 [Made]

Clause 35, Page 29, Line 2

Leave out 'may' and insert 'shall'

Minister of Justice

Amendment 2 [Made]

Clause 39, Page 32, Line 5

Leave out 'may' and insert 'shall'

Minister of Justice

Amendment 3 [Made]

Clause 51, Page 39, Line 25

Leave out '12' and insert '6'

Minister of Justice

Amendment 4 [Made]

Clause 51, Page 39, Line 26

After 'fine' insert 'not exceeding the statutory maximum'

Minister of Justice

Amendment 5 [Made]

Clause 51, Page 39, Line 26

At end insert -

'(10) Schedule 3A makes special provision in connection with the operation of this section in relation to persons providing information society services.'

Minister of Justice

Amendment 6 [Made]

Clause 54, Page 40, Line 37

Leave out subsection (1) and (2) and insert -

'(1) A person commits an offence if he or she assaults—

(a) an ambulance worker in the execution of that ambulance worker's duty;

(b) a person who is assisting an ambulance worker in the execution of that ambulance worker's duty.

(2) "Ambulance worker" means a person who provides ambulance services (including air ambulance services) under arrangements made by or at the request of—

(a) the Northern Ireland Ambulance Service Health and Social Care Trust,

(b) St. John Ambulance (NI),

(c) the British Red Cross Society, or

(d) the charity registered in the Republic of Ireland known as the Order of Malta Ireland.'

Minister of Justice

Amendment 7 [Made]

New schedule

After Schedule 3 insert -

'SCHEDULE 3A

Section 51.

Private sexual photographs etc: providers of information society services

Exceptions for mere conduits

1.—(1) A service provider is not capable of committing an offence under section 51 in respect of anything done in the course of providing so much of an information society service as consists in—

(a) the provision of access to a communication network, or

(b) the transmission in a communication network of information provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

(2) The condition is that the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(c) select or modify the information contained in the transmission.

(3) For the purposes of sub-paragraph (1)—

(a) the provision of access to a communication network, and

(b) the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

(4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

2.—(1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

(2) The service provider is not capable of committing an offence under section 51 in respect of the automatic, intermediate and temporary storage of information so provided, if—

(a) the storage of information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

(b) the condition in sub-paragraph (3) is satisfied.

(3) The condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access to the information, and

(c) where sub-paragraph (4) applies, expeditiously removes the information or disables access to it.

(4) This sub-paragraph applies if the service provider obtains actual knowledge that—

(a) the information at the initial source of the transmission has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

Exception for hosting

3.—(1) A service provider is not capable of committing an offence under section 51 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if sub-paragraph (2) or (3) is satisfied.

(2) This sub-paragraph is satisfied if the service provider had no actual knowledge when the information was provided—

(a) that it consisted of or included a private sexual photograph or film,

(b) that it was provided without the consent of an individual who appears in the photograph or film, or

(c) that the photograph or film was provided with the intention of causing distress to that individual.

(3) This sub-paragraph is satisfied if, on obtaining such knowledge, the service provider expeditiously removed the information or disabled access it to it.

(4) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

Interpretation

4.—(1) This paragraph applies for the purposes of this Schedule.

(2) "Photograph or film" has the meaning given in section 51.

(3) "Information society service"—

(a) has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

(b) is summarised in recital 17 of the E-Commerce Directive covering "any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service",

and "the E-Commerce Directive" means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

(4) "Recipient", in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.

(5) "Service provider" means a person providing an information society service.'

Minister of Justice

Amendment 8 [Made]

Long Title

Leave out 'the possession of extreme pornographic' and insert 'extreme pornographic and other sexual'

Minister of Justice

Amendment 9 [Made]

Long Title

After 'images,' insert 'assaults on persons providing ambulance services,'

Minister of Justice

Papers Presented to the Assembly on
01 March 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

Ministerial Offices (Number and Functions) Determination 2016 (OFMDFM).

Legislative Consent Memorandum – Enterprise Bill (apprenticeships information sharing provisions) (DEL).

5. Assembly Reports

6. Statutory Rules

S.R. 2016/59 The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2016 (DARD).

S.R. 2016/82 The Police Pensions (Additional Voluntary Contributions) (Amendment) Regulations (Northern Ireland) 2016 (DOJ).

S.R. 2016/88 The State Pension (Amendment No.2) Regulations (Northern Ireland) 2016 (DSD).

For Information Only

S.R. 2016/61 (C.3) The Human Trafficking and Exploitation (2015 Act) (Commencement No.2) Order (Northern Ireland) 2016 (DOJ).

7. Written Ministerial Statements

8. Consultation Documents

9. Departmental Publications

10. Agency Publications

11. Westminster Publications

12. Miscellaneous Publications

Northern Ireland Assembly Legislation:

Stages in Consideration of Public Bills

First Stage: Introduction of Bill.

Second Stage: General debate of the Bill with an opportunity for Members to vote on its general principles.

Committee Stage (Comm. Stage): Detailed investigation by a Committee which concludes with the publication of a report for consideration by the Assembly.

Consideration Stage (CS): Consideration by the Assembly of, and an opportunity for Members to vote on, the details of the Bill including amendments proposed to the Bill.

Further Consideration Stage (FCS): Consideration by the Assembly of, and an opportunity for Members to vote on, further amendments to the Bill.

Final Stage: Passing or rejecting of Bill by the Assembly, without further amendment.

Royal Assent.

Proceedings as at 02 March 2016

2011-2016 Mandate
Executive Bills

2011-2016 Mandate
Non-Executive Bills

/ Bill progressing by accelerated passage

** Please note that any bills that received Royal Assent in the previous session have been removed from the table.