Minutes of Proceedings

The Assembly met at 10.30am, the Speaker in the Chair.

1. Prayers

Members observed two minutes' silence.

2. Executive Committee Business

2.1 Statement: Self-Isolation Payment Update

The Minister for Communities, Ms Carál Ní Chuilín, made a statement regarding the Self-Isolation Payment Update, following which she replied to questions.

2.2 Statement: North/South Ministerial Council Special EU Programmes Sectoral Meeting

The Minister of Finance, Mr Conor Murphy, made a statement regarding the recent North/South Ministerial Council Special EU Programmes Sectoral Meeting, following which he replied to questions.

The Deputy Speaker, Mr Beggs, took the Chair.

2.3 Statement: British/Irish Council Environment Sectoral Meeting

The Minister of Agriculture, Environment and Rural Affairs, Mr Edwin Poots, made a statement regarding the recent British/Irish Environment Council Sectoral meeting, following which he replied to questions.

2.4 Statement: Basic Payment Scheme (BPS) Simplifications and the Direction of Travel for Future Agricultural Policy in NI Including Support Payments

The Minister of Agriculture, Environment and Rural Affairs, Mr Edwin Poots, made a statement regarding the Basic Payment Scheme Simplifications and the Direction of Travel for Future Agricultural Policy in Northern Ireland, including Support Payments, following which he replied to questions.

The sitting was suspended at 12.53pm.

The sitting resumed at 2.00pm, with Deputy Speaker McGlone in the Chair.

3. Question Time

3.1 Justice

Questions were put to, and answered by, the Minister of Justice, Mrs Naomi Long.

3.2 Agriculture, Environment and Rural Affairs

Questions were put to, and answered by, the Minister of Agriculture, Environment and Rural Affairs, Mr Edwin Poots.

4. Executive Committee Business (cont'd)

4.1 Consideration Stage: Domestic Abuse and Family Proceedings Bill (NIA Bill 03/17-22)

Minister of Justice

The Minister of Justice, Mrs Naomi Long, moved the Consideration Stage of the Domestic Abuse and Family Proceedings Bill (NIA Bill 03/17-22).

Thirty-four amendments were tabled to the Bill and selected for debate.

The Speaker took the Chair.

The Deputy Speaker, Mr Beggs, took the Chair.

Clauses

After debate, Amendment 1 to Clause 1 was negatived without division.

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

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

After debate, the question being put, it was agreed without division that Clause 3 stand part of the Bill.

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

The question being put, it was agreed without division that Clauses 5 to 7 stand part of the Bill.

After debate, Amendment 2 to Clause 8 was made without division.

The question being put, it was agreed without division that Clause 8, as amended, stand part of the Bill.

After debate, Amendment 3 to Clause 9 was made without division.

After debate, Amendment 4 to Clause 9 was made without division.

After debate, Amendment 5 was not moved.

After debate, Amendment 6 was not moved.

After debate, Amendment 7 to Clause 9 was made without division.

The question being put, it was agreed without division that Clause 9, as amended, stand part of the Bill.

After debate, Amendment 8 to Clause 10 was made without division.

The question being put, it was agreed without division that Clause 10, as amended, stand part of the Bill.

The sitting was suspended at 7.03pm.

The sitting resumed at 7.15pm

The Deputy Speaker, Mr McGlone, took the Chair.

The Speaker took the Chair.

After debate, Amendment 9 to Clause 11 was made without division.

The question being put, it was agreed without division that Clause 11, as amended, stand part of the Bill.

After debate, the question being put, it was agreed without division that Clause 12 stand part of the Bill.

After debate, Amendment 10 to Clause 13 was made without division.

The question being put, it was agreed without division that Clause 13, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 14 stand part of the Bill.

The question being put, it was agreed without division that Clause 15 stand part of the Bill.

The question being put, it was agreed without division that Clause 16 stand part of the Bill.

After debate, Amendment 11 to Clause 17 was made without division.

The question being put, it was agreed without division that Clause 17, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clauses 18 to 20 stand part of the Bill.

After debate, Amendment 12 inserting new clause 'Meaning of ill-treatment etc. in offence provision' was made without division and it was agreed that the new clause stand part of the Bill.

The question being put, it was agreed without division that Clauses 21 to 24 stand part of the Bill.

After debate, Amendment 13 inserting new clause 'Interim protection for the victim' was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 14 inserting new clause 'Amendment to the eligibility requirement for civil legal aid' was made on division and it was agreed that the new clause stand part of the Bill (Division).

The sitting was suspended at 10.15pm.

The sitting resumed at 10.26pm, with the Deputy Speaker, Mr Beggs, in the Chair.

Amendment 15 was not moved.

After debate, Amendment 16 to Clause 25 was made without division.

After debate, Amendment 17 to Clause 25 was made without division.

The Speaker took the Chair.

After debate, Amendment 18 to Clause 25 was made without division.

After debate, Amendment 19 to Clause 25 was made without division.

The question being put, it was agreed without division that Clause 25, as amended, stand part of the Bill.

After debate, Amendment 20 inserting new clause 'Guidance on data collection' was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 22, as an amendment to Amendment 21, was negatived without division.

After debate, Amendment 21 inserting new clause 'Training' was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 23 inserting new clause 'Independent oversight' was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 25, as an amendment to Amendment 24, was negatived without division.

After debate, Amendment 26, as an amendment to Amendment 24, was made without division.

After debate, Amendment 24 inserting new 'Report on the operation of this Act', as amended, was made without division and it was agreed that the new clause stand part of the Bill.

The sitting was suspended at 1.21am.

The sitting resumed at 1.31am

After debate, Amendment 27 inserting new clause 'Factors relevant to residence and contact orders' was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 28 to Clause 26 was made without division.

After debate, Amendment 29 to Clause 26 was made without division.

After debate, Amendment 30 to Clause 26 was made without division.

After debate, Amendment 31 to Clause 26 was made without division.

The question being put, it was agreed without division that Clause 26, as amended, stand part of the Bill.

After debate, Amendment 32 inserting new clause 'Special measures directions in family proceedings' was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 33 inserting 'Prohibition of cross-examination in person in civil proceedings generally' was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 34 inserting 'Special measures directions in civil proceedings generally' was made without division and it was agreed that the new clause stand part of the Bill.

The question being put, it was agreed without division that Clause 27 stand part of the Bill.

The question being put, it was agreed without division that Clause 28 stand part of the Bill.

Long Title

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

NIA Bill 03/17-22 stood referred to the Speaker.

5. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Speaker informed Members that due to the lateness of the hour Ms Paula Bradshaw, in consultation with the Party Whips and the Minister of Education, had agreed to postpone her adjournment debate topic regarding Post-Primary Education Provision in South Belfast.

The Assembly adjourned at 2.09am.

Mr Alex Maskey
The Speaker
17 November 2020

Northern Ireland Assembly

17 November 2020
Division

Consideration Stage: Domestic Abuse and Family Proceedings Bill (NIA Bill 03/17-22) – Amendment 14

Proposed: New Clause

After clause 24 insert -

'Amendment to the eligibility requirement for civil legal aid

24A. In The Civil Legal Services (Financial) Regulations (Northern Ireland) 2015, Article 10 (1), at end insert —

"(ab) advice and assistance or representation in proceedings for, or in relation to, any order referred in Article 8(1) of the Children (Northern Ireland) Act 1995 where the client is a victim of domestic abuse in accordance with the Domestic Abuse and Family Proceedings Act (Northern Ireland) 2020.".'

Miss Rachel Woods

The Question was put and the Assembly divided.

Ayes: 44
Noes: 7

AYES

Mr Allen, Ms Bailey, Mrs Barton, Mr Beattie, Mr M Bradley, Ms P Bradley, Ms S Bradley, Mr K Buchanan, Mr T Buchanan, Mr Buckley, Ms Bunting, Mr Butler, Mrs Cameron, Mr Carroll, Mr Catney, Mr Chambers, Mr Clarke, Mr Dunne, Mr Durkan, Mr Easton, Mr Frew, Mr Givan, Mr Harvey, Mr Hilditch, Mr Humphrey, Ms Hunter, Mr Irwin, Mrs D Kelly, Mr McCrossan, Mr McGrath, Miss McIlveen, Ms McLaughlin, Mr McNulty, Mr Middleton, Mr Nesbitt, Mr Newton, Mr O'Toole, Mr Robinson, Mr Stalford, Mr Stewart, Mr Storey, Ms Sugden, Mr Swann, Miss Woods.

Tellers for the Ayes: Mr Frew, Miss Woods.

NOES

Ms Armstrong, Mr Blair, Ms Bradshaw, Mr Dickson, Mrs Long, Mr Lyttle, Mr Muir.

Tellers for the Noes: Ms Armstrong, Mr Lyttle.

The following Members voted in both Lobbies and are therefore not counted in the result:

Ms Anderson, Dr Archibald, Mr Boylan, Ms Dillon, Ms Dolan, Ms Ennis, Ms Flynn, Mr Gildernew, Ms Hargey, Mr Kearney, Mr G Kelly, Ms Kimmins, Mr Lynch, Mr McAleer, Mr McCann, Mr McGuigan, Mr McHugh, Ms Mullan, Mr Murphy, Ms Ní Chuilín, Mr O'Dowd, Mrs O'Neill, Ms Rogan, Mr Sheehan, Ms Sheerin.

The Amendment was made.

The following Members' votes were cast by their notified proxy in this division:

Mr Dickson voted for Ms Armstrong, Mr Blair, Ms Bradshaw, Mrs Long, Mr Lyttle and Mr Muir.

Mr K Buchanan voted for Ms P Bradley, Mr Buckley, Mrs Cameron, Mr Dunne, Mr Easton, Mr Givan, Mr Harvey, Mr Hilditch, Mr Irwin, Mr Newton, Mr Robinson, Mr Stalford and Mr Storey.

Miss Woods voted for Ms Bailey.

Mr Butler voted for Mr Allen, Mrs Barton, Mr Chambers, Mr Nesbitt, Mr Stewart and Mr Swann.

Mr O'Dowd voted for Ms Anderson, Dr Archibald, Mr Boylan, Ms Dillon, Ms Dolan, Ms Ennis, Ms Flynn, Mr Gildernew, Ms Hargey, Mr Kearney, Mr G Kelly, Ms Kimmins, Mr Lynch, Mr McAleer, Mr McCann, Mr McGuigan, Mr McHugh, Ms Mullan, Mr Murphy, Ms Ní Chuilín, Mrs O'Neill, Ms Rogan, Mr Sheehan and Ms Sheerin.

Ms S Bradley voted for Mr Catney, Mr Durkan, Ms Hunter, Mrs D Kelly, Ms Mallon, Mr McCrossan, Mr McGrath, Ms McLaughlin, Mr McNulty and Mr O'Toole.

Domestic Abuse and Family Proceedings Bill Annotated Marshalled List of Amendments Consideration Stage

Northern Ireland Assembly

Papers Presented to the Assembly on 17 November 2020

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

5. Assembly Reports

6. Statutory Rules

For information only

Explanatory Memorandum for SR 2020/239 The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 12) Regulations (Northern Ireland) 2020 (Department of Health)

SR 2020/257 The Parking Places (Disabled Persons' Vehicles) (Amendment No. 2) Order (Northern Ireland) 2020 (Department for Infrastructure)

SR 2020/259 The Roads (Speed Limit) (No. 2) Order (Northern Ireland) 2020 (Department for Infrastructure)

SR 2020/260 The Roads (Speed Limit) (No. 3) Order (Northern Ireland) 2020 (Department for Infrastructure)

7. Written Ministerial Statements

Project Stratum (Minister for the Economy)

8. Consultation Documents

9. Departmental Publications

10. Agency Publications

Independent Reporting Commission Third Report (Independent Reporting Commission)

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 17 November 2020

2017-2022 Mandate
Executive Bills
                       

2017-2022 Mandate
Non-Executive Bills      

/ Bills progressing by accelerated passage

PROXY VOTING NOTICES – TUESDAY 17 NOVEMBER 2020

The following Members notified the Speaker, under Standing Order 112, that they wished to avail of proxy voting arrangements for the sitting on Tuesday 17 November 2020: