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: Clinical Concerns within Urology at the Southern Health and Social Care Trust

The Minister of Health, Mr Robin Swann, made a statement regarding Clinical Concerns within Urology at the Southern Health and Social Care Trust, following which he replied to questions.

The Deputy Speaker, Mr Beggs took the Chair.

2.2 Consideration Stage: Functioning of Government (Miscellaneous Provisions) Bill (NIA Bill 01/17-22)

Mr Jim Allister

Mr Jim Allister moved the Consideration Stage of the Functioning of Government (Miscellaneous Provisions) Bill (NIA Bill 01/17-22).

Twenty-six amendments were tabled to the Bill and selected for debate.

Debate ensued.

The sitting was suspended at 12.59pm.

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

3. Question Time

3.1 Education

Questions were put to, and answered by, the Minister of Education, Mr Peter Weir.

3.2 Finance

Questions were put to, and answered by, the Minister of Finance, Mr Conor Murphy.

The Deputy Speaker, Mr McGlone, took the Chair.

4. Executive Committee Business (cont'd)

4.1 Consideration Stage: Functioning of Government (Miscellaneous Provisions) Bill (NIA Bill 01/17-22) (cont'd)

Debate resumed.

The Speaker took the Chair.

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 negatived on division (Division 1).

After debate, Amendment 5 to Clause 1 was made without division.

After debate, Amendment 6 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.

After debate, Amendment 7 inserting new clause A2 was made on division and it was agreed that the new clause stand part of the Bill (Division 2).

After debate, the question that Clause 2 stand part of the Bill was negatived without division.

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

After debate, Amendment 8 to Clause 4 was made without division.

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

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

The sitting was suspended at 7.43pm.

The sitting resumed at 8.00pm.

The Deputy Speaker, Mr McGlone, took the Chair.

The Deputy Speaker, Mr Beggs, took the Chair.

After debate, Amendment 10 to Clause 5 was made without division.

After debate, Amendment 11 to Clause 5 was made without division.

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 Speaker took the Chair.

After debate, Amendment 13 to Clause 6 was negatived on division (Division 3).

The question being put, it was agreed on division that Clause 6 stand part of the Bill (Division 4).

After debate, the question that Clause 7 stand part of the Bill was negatived without division.

After debate, Amendment 14 to Clause 8 was made on division (Division 5).

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

After debate, Amendment 15 inserting new clause 8A was made on division and it was agreed that the new clause stand part of the Bill (Division 6).

After debate, Amendment 16 to Clause 9 was negatived on division (Division 7).

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

After debate, Amendment 17 to Clause 10 was made without division.

After debate, Amendment 18 was not moved.

After debate, Amendment 19 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.

After debate, Amendment 20 to Clause 11 was made on division (Division 8).

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

After debate, Amendment 21 inserting new clause 11A was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 22 to Clause 12 was made without division.

The question being put, it was agreed without division that Clause 12, as amended, stand part of the Bill.

After debate, Amendment 23 inserting new clause 12A 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 13 stand part of the Bill.

After debate, Amendment 24 was not moved.

After debate, Amendment 25 to Clause 14 was made without division.

After debate, Amendment 26 to Clause 14 was made without division.

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

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

Schedule

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

Long Title

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

The Functioning of Government (Miscellaneous Provisions) Bill NIA Bill 01/17-22 stood referred to the Speaker.

5. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 2.29am.

Mr Alex Maskey
The Speaker
24 November 2020

Functioning of Government (Miscellanaous Provisions) Bill Annotated Marshalled List of Amendments Consideration Stage

Northern Ireland Assembly

24 November 2020 Division 1

Consideration Stage: Functioning of Government (Miscellaneous Provisions) Bill (NIA Bill 01/17-22) – Amendment 4

Proposed: Clause 1, Page 1, Line 14

At end insert -

'(3A) In section 8 (Code for appointments), after subsection (1) insert the words:

"(2) Without prejudice to the generality of subsection (1), the code must provide that the appointing minister must -

(a) create a job description and person specification for the post,

(b) set out the requirements to be met by a successful applicant,

(c) achieve a candidate pool from which the minister shall select on sustainable and lawful grounds, and

(d) complete and the department retain documentation associated with the above processes, including recording the minister's reasons for the selection made."'

Mr Jim Allister

The Question was put and the Assembly divided.

Ayes: 27
Noes: 60

AYES

Dr Aiken, Mr Allen, Mr Allister, Ms Bailey, Mrs Barton, Mr Beattie, Ms S Bradley, Mr Butler, Mr Carroll, Mr Catney, Mr Chambers, Mr Durkan, Ms Hunter, Mrs D Kelly, Mr Lunn, Mr McCrossan, Mr McGrath, Ms McLaughlin, Mr McNulty, Ms Mallon, Mr Nesbitt, Mr O'Toole, Mr Stewart, Ms Sugden, Mr Swann, Mr Wells, Miss Woods.

Tellers for the Ayes: Mr Allister, Mr Wells.

NOES

Ms Anderson, Dr Archibald, Ms Armstrong, Mr Blair, Mr Boylan, Mr M Bradley, Ms P Bradley, Ms Bradshaw, Ms Brogan, Mr K Buchanan, Mr T Buchanan, Mr Buckley, Ms Bunting, Mrs Cameron, Mr Clarke, Mr Dickson, Ms Dillon, Mrs Dodds, Ms Dolan, Mr Dunne, Mr Easton, Ms Ennis, Ms Flynn, Mrs Foster, Mr Frew, Mr Gildernew, Mr Givan, Ms Hargey, Mr Harvey, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Kearney, Mr G Kelly, Ms Kimmins, Mrs Long, Mr Lynch, Mr Lyons, Mr Lyttle, Mr McAleer, Mr McCann, Mr McGuigan, Mr McHugh, Miss McIlveen, Mr Middleton, Mr Muir, Ms Mullan, Mr Murphy, Mr Newton, Ms Ní Chuilín, Mr O'Dowd, Mrs O'Neill, Mr Poots, Mr Robinson, Ms Rogan, Mr Sheehan, Ms Sheerin, Mr Stalford, Mr Storey, Mr Weir.

Tellers for the Noes: Ms Ennis, Mr Givan.

The Amendment was negatived.

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

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

Mr K Buchanan voted for Ms P Bradley, Mr Buckley, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Foster, Mr Givan, Mr Harvey, Mr Hilditch, Mr Irwin, Mr Lyons, Mr Middleton, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Storey and Mr Weir.

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

Mr O'Dowd voted for Ms Anderson, Dr Archibald, Mr Boylan, Ms Brogan, 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.

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

Northern Ireland Assembly

24 November 2020 Division 2

Consideration Stage: Functioning of Government (Miscellaneous Provisions) Bill (NIA Bill 01/17-22) – Amendment 7

Proposed: New Clause

Before clause 2 insert -

'Repeal of the Civil Service Commissioners (Amendment) Order in Council 2007

A2. The Civil Service Commissioners (Amendment) (Northern Ireland) Order in Council 2007 is repealed.''

Mr Jim Allister

The Question was put and the Assembly divided.

Ayes: 61
Noes: 26

AYES

Dr Aiken, Mr Allen, Mr Allister, Ms Armstrong, Ms Bailey, Mrs Barton, Mr Beattie, Mr Blair, Mr M Bradley, Ms P Bradley, Ms S Bradley, Ms Bradshaw, Mr K Buchanan, Mr T Buchanan, Mr Buckley, Ms Bunting, Mr Butler, Mrs Cameron, Mr Carroll, Mr Catney, Mr Chambers, Mr Clarke, Mr Dickson, Mrs Dodds, Mr Dunne, Mr Durkan, Mr Easton, Mrs Foster, Mr Frew, Mr Givan, Mr Harvey, Mr Hilditch, Mr Humphrey, Ms Hunter, Mr Irwin, Mrs D Kelly, Mrs Long, Mr Lunn, Mr Lyons, Mr Lyttle, Mr McCrossan, Mr McGrath, Miss McIlveen, Ms McLaughlin, Mr McNulty, Ms Mallon, Mr Middleton, Mr Muir, Mr Nesbitt, Mr Newton, Mr O'Toole, Mr Poots, Mr Robinson, Mr Stalford, Mr Stewart, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells, Miss Woods.

Tellers for the Ayes: Mr Allister, Mr Wells.

NOES

Ms Anderson, Dr Archibald, Mr Boylan, Ms Brogan, 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.

Tellers for the Noes: Ms Ennis, Mr McGuigan.

The Amendment was made.

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

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

Mr K Buchanan voted for Ms P Bradley, Mr Buckley, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Foster, Mr Givan, Mr Harvey, Mr Hilditch, Mr Irwin, Mr Lyons, Mr Middleton, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Storey and Mr Weir.

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

Mr O'Dowd voted for Ms Anderson, Dr Archibald, Mr Boylan, Ms Brogan, 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.

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

Northern Ireland Assembly

24 November 2020 Division 3

Consideration Stage: Functioning of Government (Miscellaneous Provisions) Bill (NIA Bill 01/17-22) – Amendment 13

Proposed: New Clause

Leave out clause 6 and insert -

'Records of meetings

6. A civil servant, other than a special adviser, must make and the department must retain an accurate written record of every internal departmental meeting attended by a minister recording, in particular, those present, date and time, topics discussed, and every decision and action point.'

Mr Jim Allister

The Question was put and the Assembly divided.

Ayes: 42
Noes: 44

AYES

Dr Aiken, Mr Allen, Mr Allister, Ms Bailey, Mrs Barton, Mr Beattie, Mr M Bradley, Ms P Bradley, Mr K Buchanan, Mr T Buchanan, Mr Buckley, Ms Bunting, Mr Butler, Mrs Cameron, Mr Carroll, Mr Chambers, Mr Clarke, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Givan, Mr Harvey, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Lyons, Miss McIlveen, Mr Middleton, Mr Nesbitt, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Stewart, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells, Miss Woods.

Tellers for the Ayes: Dr Aiken, Mr Wells.

NOES

Ms Anderson, Dr Archibald, Ms Armstrong, Mr Blair, Mr Boylan, Ms S Bradley, Ms Bradshaw, Ms Brogan, Mr Catney, Mr Dickson, Ms Dillon, Ms Dolan, Mr Durkan, Ms Ennis, Ms Flynn, Mr Gildernew, Ms Hargey, Ms Hunter, Mr Kearney, Mrs D Kelly, Mr G Kelly, Ms Kimmins, Mrs Long, Mr Lynch, Mr Lyttle, Mr McAleer, Mr McCann, Mr McCrossan, Mr McGrath, Mr McGuigan, Mr McHugh, Ms McLaughlin, Mr McNulty, Ms Mallon, Mr Muir, Ms Mullan, Mr Murphy, Ms Ní Chuilín, Mr O'Dowd, Mrs O'Neill, Mr O'Toole, Ms Rogan, Mr Sheehan, Ms Sheerin.

Tellers for the Noes: Ms Dolan, Mr McGuigan.

The Amendment was negatived.

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

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

Mr K Buchanan voted for Ms P Bradley, Mr Buckley, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Foster, Mr Givan, Mr Harvey, Mr Hilditch, Mr Irwin, Mr Lyons, Mr Middleton, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Storey and Mr Weir.

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

Mr O'Dowd voted for Ms Anderson, Dr Archibald, Mr Boylan, Ms Brogan, 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.

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

Northern Ireland Assembly

24 November 2020 Division 4

Consideration Stage: Functioning of Government (Miscellaneous Provisions) Bill (NIA Bill 01/17-22) – Clause 6

Proposed:

That the clause stand part of the Bill

Mr Jim Allister

The Question was put and the Assembly divided.

Ayes: 42
Noes: 33

AYES

Dr Aiken, Mr Allen, Mr Allister, Ms Bailey, Mrs Barton, Mr Beattie, Mr M Bradley, Ms P Bradley, Mr K Buchanan, Mr T Buchanan, Mr Buckley, Ms Bunting, Mr Butler, Mrs Cameron, Mr Carroll, Mr Chambers, Mr Clarke, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Givan, Mr Harvey, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Lyons, Miss McIlveen, Mr Middleton, Mr Nesbitt, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Stewart, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells, Miss Woods.

Tellers for the Ayes: Dr Aiken, Mr Wells.

NOES

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

Tellers for the Noes: Ms Dolan, Mr McGuigan.

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

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

The Amendment was carried.

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

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

Mr K Buchanan voted for Ms P Bradley, Mr Buckley, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Foster, Mr Givan, Mr Harvey, Mr Hilditch, Mr Irwin, Mr Lyons, Mr Middleton, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Storey and Mr Weir.

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

Mr O'Dowd voted for Ms Anderson, Dr Archibald, Mr Boylan, Ms Brogan, 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.

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

Northern Ireland Assembly

24 November 2020 Division 5

Consideration Stage: Functioning of Government (Miscellaneous Provisions) Bill (NIA Bill 01/17-22) – Amendment 14

Proposed:

Leave out clause 8 and insert -

'Presence of civil servants

8.(1) A civil servant, other than a special adviser, must be present and take an accurate written record of every meeting held by a minister or special adviser with non-departmental personnel about official business; except for liaison with the minister's political party.

(2) The department must retain the record made pursuant to subsection (1).'

Mr Jim Allister

The Question was put and the Assembly divided.

Ayes: 53
Noes: 33

AYES

Dr Aiken, Mr Allen, Mr Allister, 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, Mrs Dodds, Mr Dunne, Mr Durkan, Mr Easton, Mrs Foster, Mr Frew, Mr Givan, Mr Harvey, Mr Hilditch, Mr Humphrey, Ms Hunter, Mr Irwin, Mrs D Kelly, Mr Lyons, Mr McCrossan, Mr McGrath, Miss McIlveen, Ms McLaughlin, Mr McNulty, Ms Mallon, Mr Middleton, Mr Nesbitt, Mr Newton, Mr O'Toole, Mr Poots, Mr Robinson, Mr Stalford, Mr Stewart, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells, Miss Woods.

Tellers for the Ayes: Mr Allister, Mr Wells.

NOES

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

Tellers for the Noes: Ms Dolan, Mr McGuigan.

The Amendment was carried.

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

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

Mr K Buchanan voted for Ms P Bradley, Mr Buckley, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Foster, Mr Givan, Mr Harvey, Mr Hilditch, Mr Irwin, Mr Lyons, Mr Middleton, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Storey and Mr Weir.

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

Mr O'Dowd voted for Ms Anderson, Dr Archibald, Mr Boylan, Ms Brogan, 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.

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

Northern Ireland Assembly

24 November 2020 Division 6

Consideration Stage: Functioning of Government (Miscellaneous Provisions) Bill (NIA Bill 01/17-22) – Amendment 15

Proposed: New Clause

After clause 8 insert -

'Record of being lobbied

8A.(1) In the event of a minister or special adviser, other than as provided for in section 8, being lobbied, then, the minister or (as the case may be) special adviser must provide at the earliest opportunity a written record to their department of all such lobbying and the department must retain such records.

(2) In this section "being lobbied" means to receive personally a communication, either oral or written, on behalf of the person making the communication or another person or persons, relating to:

(a) the development, adoption or modification of any proposal of the department to make or amend primary or subordinate legislation;

(b) the development, adoption or modification of any other policy of the department;

(c) the making, giving or issuing by the department of, or the taking of any other steps by the department in relation to,⁠—

(i) any contract or other agreement,

(ii) any grant or other financial assistance, or

(iii) any licence or other authorisation; or

(d) the exercise of any other function of the department.

(3) For the purposes of subsection (2), it does not matter whether the communication occurs in or outwith the United Kingdom.

(4) Nothing in this section shall apply to a communication⁠—

(a) made in proceedings of the Northern Ireland Assembly or the Executive Committee, or

(b) arising in the course of liaison with the minister's political party.'

Mr Jim Allister

The Question was put and the Assembly divided.

Ayes: 42
Noes: 33

AYES

Dr Aiken, Mr Allen, Mr Allister, Ms Bailey, Mrs Barton, Mr Beattie, Mr M Bradley, Ms P Bradley, Mr K Buchanan, Mr T Buchanan, Mr Buckley, Ms Bunting, Mr Butler, Mrs Cameron, Mr Carroll, Mr Chambers, Mr Clarke, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Givan, Mr Harvey, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Lyons, Miss McIlveen, Mr Middleton, Mr Nesbitt, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Stewart, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells, Miss Woods.

Tellers for the Ayes: Dr Aiken, Mr Wells.

NOES

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

Tellers for the Noes: Ms Dolan, Mr McGuigan.

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

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

The Amendment was carried.

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

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

Mr K Buchanan voted for Ms P Bradley, Mr Buckley, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Foster, Mr Givan, Mr Harvey, Mr Hilditch, Mr Irwin, Mr Lyons, Mr Middleton, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Storey and Mr Weir.

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

Mr O'Dowd voted for Ms Anderson, Dr Archibald, Mr Boylan, Ms Brogan, 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.

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

Northern Ireland Assembly

24 November 2020 Division 7

Consideration Stage: Functioning of Government (Miscellaneous Provisions) Bill (NIA Bill 01/17-22) – Amendment 16

Proposed:

Leave out clause 9 and insert -

'Use of official systems

9. (1) A minister, special adviser or civil servant when communicating on official business by electronic means must not use personal accounts or anything other than devices issued by the department, systems used by the department and departmental email addresses.

(2) If out of necessity it is not possible to comply with the requirements of subsection (1) the minister or (as the case may be) special adviser or civil servant must within 48 hours, or as soon thereafter as reasonably practicable,

(a) copy to the departmental system any written material generated during the use of non-departmental devices or systems; and

(b) make an accurate record on the departmental system of any verbal communications relating to departmental matters.

(3) It shall be an offence for any minister, special adviser or civil servant to fail to comply with the requirements of subsection (2).

(4) In proceedings in respect of a charge against a person ("A") of the offence under subsection (3), it is a defence for A to show that the course of behaviour was reasonable in the particular circumstances or was in the public interest.

(5) A person is taken to have shown the fact mentioned in subsection (4) if⁠—

(a) evidence adduced is enough to raise an issue as to whether the course of behaviour is as described in subsection (4), and

(b) the prosecution does not prove beyond reasonable doubt that the course of behaviour is not as described in subsection (4).

(6) A person guilty of an offence under this section is liable on conviction

(a) on indictment, to imprisonment for a term not exceeding 2 years;

(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.'

Mr Jim Allister

The Question was put and the Assembly divided.

Ayes: 42
Noes: 44

AYES

Dr Aiken, Mr Allen, Mr Allister, Ms Bailey, Mrs Barton, Mr Beattie, Mr M Bradley, Ms P Bradley, Mr K Buchanan, Mr T Buchanan, Mr Buckley, Ms Bunting, Mr Butler, Mrs Cameron, Mr Carroll, Mr Chambers, Mr Clarke, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Givan, Mr Harvey, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Lyons, Miss McIlveen, Mr Middleton, Mr Nesbitt, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Stewart, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells, Miss Woods.

Tellers for the Ayes: Mr Allister, Mr Wells.

NOES

Ms Anderson, Dr Archibald, Ms Armstrong, Mr Blair, Mr Boylan, Ms S Bradley, Ms Bradshaw, Ms Brogan, Mr Catney, Mr Dickson, Ms Dillon, Ms Dolan, Mr Durkan, Ms Ennis, Ms Flynn, Mr Gildernew, Ms Hargey, Ms Hunter, Mr Kearney, Mrs D Kelly, Mr G Kelly, Ms Kimmins, Mrs Long, Mr Lynch, Mr Lyttle, Mr McAleer, Mr McCann, Mr McCrossan, Mr McGrath, Mr McGuigan, Mr McHugh, Ms McLaughlin, Mr McNulty, Ms Mallon, Mr Muir, Ms Mullan, Mr Murphy, Ms Ní Chuilín, Mr O'Dowd, Mrs O'Neill, Mr O'Toole, Ms Rogan, Mr Sheehan, Ms Sheerin.

Tellers for the Noes: Ms Dolan, Mr McGuigan.

The Amendment was negatived.

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

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

Mr K Buchanan voted for Ms P Bradley, Mr Buckley, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Foster, Mr Givan, Mr Harvey, Mr Hilditch, Mr Irwin, Mr Lyons, Mr Middleton, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Storey and Mr Weir.

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

Mr O'Dowd voted for Ms Anderson, Dr Archibald, Mr Boylan, Ms Brogan, 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.

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

Northern Ireland Assembly

24 November 2020 Division 8

Consideration Stage: Functioning of Government (Miscellaneous Provisions) Bill (NIA Bill 01/17-22) – Amendment 20

Proposed:

Leave out clause 11 and insert -

'Offence of unauthorised disclosure

11. (1) Without prejudice to the operation of the Official Secrets Acts 1911-1989 and save in the discharge of a statutory obligation or in the lawful pursuit of official duties, it shall be an offence for any minister, civil servant or special adviser to communicate, directly or indirectly, official information to another for the financial or other improper benefit of any person or third party.

(2) In proceedings in respect of a charge against a person ("A") of the offence under subsection (1), it is a defence for A to show that the course of behaviour was reasonable in the particular circumstances or was in the public interest.

(3) A person is taken to have shown the fact mentioned in subsection (2) if⁠—

(a) evidence adduced is enough to raise an issue as to whether the course of behaviour is as described in subsection (2), and

(b) the prosecution does not prove beyond reasonable doubt that the course of behaviour is not as described in subsection (2).

(4) A person guilty of an offence under this section is liable on conviction

(a) on indictment, to imprisonment for a term not exceeding 2 years;

(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.'

Mr Jim Allister

The Question was put and the Assembly divided.

Ayes: 42
Noes: 32

AYES

Dr Aiken, Mr Allen, Mr Allister, Ms Bailey, Mrs Barton, Mr Beattie, Mr M Bradley, Ms P Bradley, Mr K Buchanan, Mr T Buchanan, Mr Buckley, Ms Bunting, Mr Butler, Mrs Cameron, Mr Carroll, Mr Chambers, Mr Clarke, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Givan, Mr Harvey, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Lyons, Miss McIlveen, Mr Middleton, Mr Nesbitt, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Stewart, Mr Storey, Ms Sugden, Mr Swann, Mr Weir, Mr Wells, Miss Woods.

Tellers for the Ayes: Dr Aiken, Mr Allister.

NOES

Ms Anderson, Dr Archibald, Ms Armstrong, Mr Blair, Mr Boylan, Ms S Bradley, Ms Bradshaw, Ms Brogan, Mr Catney, Mr Dickson, Ms Dillon, Ms Dolan, Mr Durkan, Ms Ennis, Ms Flynn, Mr Gildernew, Ms Hargey, Ms Hunter, Mr Kearney, Mrs D Kelly, Mr G Kelly, Ms Kimmins, Mrs Long, Mr Lynch, Mr Lyttle, Mr McAleer, Mr McCann, Mr McCrossan, Mr McGrath, Mr McGuigan, Mr McHugh, Ms McLaughlin, Mr McNulty, Ms Mallon, Mr Muir, Ms Mullan, Mr Murphy, Ms Ní Chuilín, Mr O'Dowd, Mrs O'Neill, Mr O'Toole, Ms Rogan, Mr Sheehan, Ms Sheerin.

Tellers for the Noes: Ms Dolan, Mr McGuigan.

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

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

The Amendment was negatived.

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

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

Mr K Buchanan voted for Ms P Bradley, Mr Buckley, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Foster, Mr Givan, Mr Harvey, Mr Hilditch, Mr Irwin, Mr Lyons, Mr Middleton, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Storey and Mr Weir.

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

Mr O'Dowd voted for Ms Anderson, Dr Archibald, Mr Boylan, Ms Brogan, 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.

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

Northern Ireland Assembly

Papers Presented to the Assembly on 24 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

Managing Attendance in Central and Local Government (Northern Ireland Audit Office)

5. Assembly Reports

Report on the Medicines and Medical Devices Bill: Further Legislative Consent Motion (NIA 60/17-22) (Committee for Health)

6. Statutory Rules

SR 2020/The Draft Alien and Locally Absent Species (Aquaculture) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (Department of Agriculture, Environment and Rural Affairs)

SR 2020/278 The Health Protection (Coronavirus, International Travel) (Amendment No. 23) Regulations (Northern Ireland) 2020 (Department of Health)

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 24 November 2020

2017-2022 Mandate
Executive Bills          

2017-2022 Mandate
Non-Executive Bills               

/ Bills progressing by accelerated passage

PROXY VOTING NOTICES – TUESDAY 24 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 24 November 2020: