Minutes of Proceedings

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

1. Prayers

Members observed two minutes' silence.

2. Speaker's Business

The Death of Sir David Amess MP and the Security of Elected Representatives

The Speaker made some brief remarks about the killing of Sir David Amess MP, and the Security of Elected Representatives.

3. Matter of the Day

3.1 The Killing of Sir David Amess MP

Mr Paul Givan, under Standing Order 24, made a statement on the killing of Sir David Amess MP. Other Members were also called to speak on the matter.

3.2 Proposal by EU Commission on Ireland/Northern Ireland Protocol

Dr Caoimhe Archibald, under Standing Order 24, made a statement on Proposal by EU Commission on the Ireland/Northern Ireland Protocol. Other Members were also called to speak on the matter.

4. Speaker's Business

Committee Chairperson Resignation and Appointment

The Speaker informed Members that, with effect from 18 October, Mr Colin McGrath had resigned as the Chairperson of the Committee for the Executive Office, and that Ms Sinead McLaughlin had resigned as Deputy Chairperson of the Committee for the Economy. The Speaker also informed Members that he had received notification from the nominating officer for the Social Democratic and Labour Party that Ms Sinead McLaughlin had been nominated to fill the vacancy of Chairperson of the Committee for the Executive Office, and that Mr Matthew O'Toole had been nominated to fill the vacancy of the Deputy Chairperson of the Committee for the Economy, also with effect from 18 October.

5. Members' Statements

Under Standing Order 24A, the following Members made a statement to the Assembly;

Ms Emma Sheerin

Mr Trevor Clarke

Ms Sinead McLaughlin

Mr Mike Nesbitt

Ms Paula Bradshaw

Mr Pádraig Delargy

Ms Joanne Bunting

Mr Gerry Carroll

Ms Rosemary Barton

Mr Stephen Dunne

Mrs Pam Cameron

6. Assembly Business

6.1 Motion: Committee Membership

Proposed:

That Ms Cara Hunter replace Mrs Dolores Kelly as a member of the Committee for Infrastructure; that Mr Colin McGrath replace Ms Cara Hunter as a member of the Committee for Health; and that Ms Cara Hunter replace Mr Matthew O'Toole as a member of the Public Accounts Committee.

Mrs Dolores Kelly
Mr Colin McGrath

The Question being put, the motion was carried.

7. Executive Committee Business

7.1 Motion: The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Relevant Period in Schedule 8) (No.2) Regulations (Northern Ireland) 2021

Proposed:

That the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Relevant Period in Schedule 8) (No.2) Regulations (Northern Ireland) 2021 be approved.

Minister for the Economy

Motion: The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 11) Regulations (Northern Ireland) 2021

Proposed:

That the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 11) Regulations (Northern Ireland) 2021 be approved.

Minister for the Economy

A singled debate ensued on both motions.

The Question being put, the motion on the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Relevant Period in Schedule 8) (No.2) Regulations (Northern Ireland) 2021 was carried.

The Question being put, the motion on the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 11) Regulations (Northern Ireland) 2021 was carried.

8. Committee Business

8.1 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 any complaint relating to an on-going inquiry into a former consultant in the Belfast Health & Social Care Trust; appoints Mr Douglas Bain 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 Douglas Bain has reported on all such complaints; and 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.

9. Private Members' Business

9.1 First Stage: Hospital Parking Charges Bill (NIA Bill 40/17-22)

Mr Fra McCann introduced a bill to prohibit the imposition by Health and Social Care hospitals of charges for car parking; and for connected purposes.

The Hospital Parking Charges Bill (NIA Bill 40/17-22) passed First Stage and was ordered to be printed.

The sitting was suspended at 1.50pm.

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

10. Question Time

10.1 Education

Questions were put to, and answered by, the Minister of Education, Miss Michelle McIlveen.

10.2 Finance

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

The Deputy Speaker, Mr McGlone, took the Chair.

11. Private Members' Business

11.1 Motion: Interparliamentary Dialogue

Proposed:

That this Assembly welcomes Vice President Maroš Šefcovic's support for formal dialogue between this Assembly and the European Parliament; supports this effort to include the perspectives of local elected representatives and stakeholders on matters relating to the Protocol on Ireland/Northern Ireland and the broader peace process; and calls on the President of the European Parliament to undertake, immediately, work to set up direct interparliamentary dialogue between the two institutions.

Dr Caoimhe Archibald
Mr John O'Dowd
Mr Pádraig Delargy

Amendment:

Proposed:

Leave out all after the first 'Assembly' and insert:

'notes Vice President Maroš Šefčovič's support for formal dialogue between this Assembly and the European Parliament; supports efforts to include the perspectives of local elected representatives and stakeholders on matters relating to the future UK-EU relationship and the broader peace process; and calls on the President of the European Parliament, subject to wider agreement on arrangements which replace the Protocol on Ireland/Northern Ireland and restore the democratic legitimacy of the devolved institutions, to undertake work to enhance dialogue between the two institutions in areas of mutual interest and in the context of the new UK–EU Parliamentary Assembly established under the Trade and Cooperation Agreement.'.

Mrs Diane Dodds
Mr Christopher Stalford

Debate ensued.

The Question being put, the amendment was negatived (Division 1).

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

The Speaker took the Chair.

11.2 Motion: Independent Evaluation of the Police Ombudsman for Northern Ireland

Proposed:

That this Assembly recognises the need for an effective, efficient and independent structure for dealing with complaints against police officers; believes the current operation of the Police Ombudsman for Northern Ireland (PONI) falls well below the reasonable expectations of complainants, serving and retired police officers, as well as the wider public; expresses deep concern regarding the grave findings as expressed in recent court judgements touching upon the methods and standard of investigative practice, the inordinate delay in concluding investigations and the submission of files to the Public Prosecution Service as required by due process; notes that this has resulted in a severe negative impact on natural justice and the legal rights of all concerned; criticises, in particular, the practice of the Ombudsman in arriving at determinations which exceed the statutory powers of the Office; condemns the use of Police and Criminal Evidence Order (PACE) powers to investigate allegations of non-substantive or non-existent criminal offences and to arrive at conclusions outwith any due process or independent scrutiny of what is alleged to be evidence; further notes the adverse impact this has on the reputation of the policing service; stresses that practical consideration should be given to establishing an independent complaints mechanism to promote accountability for misconduct, poor practice and administrative standards within PONI: and calls on the Minister of Justice to commission a fully independent inspection of PONI, including its investigative capability, financial management, security of information handling, operating practices and how it complies with its mandate to build trust and confidence, before the end of the current mandate.

Mr Mervyn Storey
Mr Trevor Clarke

The Question being put, the motion was negatived (Division 3).

12. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 7.03pm.

Mr Alex Maskey
The Speaker
18 October 2021

Northern Ireland Assembly

18 October 2021 – Division 1

Amendment: Interparliamentary Dialogue

Proposed:

Leave out all after the first 'Assembly' and insert:

'notes Vice President Maroš Šefčovič's support for formal dialogue between this Assembly and the European Parliament; supports efforts to include the perspectives of local elected representatives and stakeholders on matters relating to the future UK-EU relationship and the broader peace process; and calls on the President of the European Parliament, subject to wider agreement on arrangements which replace the Protocol on Ireland/Northern Ireland and restore the democratic legitimacy of the devolved institutions, to undertake work to enhance dialogue between the two institutions in areas of mutual interest and in the context of the new UK–EU Parliamentary Assembly established under the Trade and Cooperation Agreement.'.

Mrs Diane Dodds
Mr Christopher Stalford

The Question was put and the Assembly divided.

Ayes: 39
Noes: 46

AYES

Dr Aiken, Mr Allen, Mr Allister, Mrs Barton, Mr Beattie, Mr Beggs, Mr M Bradley, Ms P Bradley, Mr K Buchanan, Mr T Buchanan, Mr Buckley, Ms Bunting, Mr Butler, Mrs Cameron, Mr Chambers, Mr Clarke, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Erskine, 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, Mr Swann, Mr Weir, Mr Wells.

Tellers for the Ayes: Mr K Buchanan, Mr Harvey.

NOES

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

Tellers for the Noes: Mr Delargy, Ms Sheerin.

The amendment was negatived.

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

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

Ms Bunting voted for Mr M Bradley, Ms P Bradley, Mr K Buchanan [Teller, Ayes], Mr T Buchanan, Mr Buckley, Mrs Cameron, Mr Clarke, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Erskine, Mr Frew, Mr Givan, Mr Harvey [Teller, Ayes], Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Lyons, Mr Middleton, Miss McIlveen, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Storey, and Mr Weir.

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

Mr O'Dowd voted for Dr Archibald, Mr Boylan, Ms Brogan, Mr Delargy [Teller, Noes], Ms Dillon, Ms Dolan, Ms Ennis, Ms Ferguson, Ms Flynn, Mr Gildernew, Ms Hargey, Mr Kearney, Mr G Kelly, Ms Kimmins, Mr McAleer, Mr McCann, Mr McGuigan, Mr McHugh, Ms A Murphy, Mr C Murphy, Ms Ní Chuilín, Mrs O'Neill, Ms Rogan, Mr Sheehan [Teller, Noes] and Ms Sheerin.

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

Northern Ireland Assembly

18 October 2021 – Division 2

Motion: Interparliamentary Dialogue

Proposed:

That this Assembly welcomes Vice President Maroš Šefcovic's support for formal dialogue between this Assembly and the European Parliament; supports this effort to include the perspectives of local elected representatives and stakeholders on matters relating to the Protocol on Ireland/Northern Ireland and the broader peace process; and calls on the President of the European Parliament to undertake, immediately, work to set up direct interparliamentary dialogue between the two institutions.'.

Dr Caoimhe Archibald
Mr John O'Dowd
Mr Pádraig Delargy

The Question was put and the Assembly divided.

Ayes: 46
Noes: 39

AYES

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

Tellers for the Ayes: Mr Delargy, Ms Sheerin.

NOES

Dr Aiken, Mr Allen, Mr Allister, Mrs Barton, Mr Beattie, Mr Beggs, Mr M Bradley, Ms P Bradley, Mr K Buchanan, Mr T Buchanan, Mr Buckley, Ms Bunting, Mr Butler, Mrs Cameron, Mr Chambers, Mr Clarke, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Erskine, 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, Mr Swann, Mr Weir, Mr Wells.

Tellers for the Noes: Mr K Buchanan, Mr Harvey.

The motion was carried.

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

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

Ms Bunting voted for Mr M Bradley, Ms P Bradley, Mr K Buchanan [Teller, Noes], Mr T Buchanan, Mr Buckley, Mrs Cameron, Mr Clarke, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Erskine, Mr Frew, Mr Givan, Mr Harvey [Teller, Noes], Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Lyons, Mr Middleton, Miss McIlveen, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Storey, and Mr Weir.

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

Mr O'Dowd voted for Dr Archibald, Mr Boylan, Ms Brogan, Mr Delargy [Teller, Ayes], Ms Dillon, Ms Dolan, Ms Ennis, Ms Ferguson, Ms Flynn, Mr Gildernew, Ms Hargey, Mr Kearney, Mr G Kelly, Ms Kimmins, Mr McAleer, Mr McCann, Mr McGuigan, Mr McHugh, Ms A Murphy, Mr C Murphy, Ms Ní Chuilín, Mrs O'Neill, Ms Rogan, Mr Sheehan [Teller, Ayes] and Ms Sheerin.

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

Northern Ireland Assembly

18 October 2021 – Division 3

Motion: Independent Evaluation of the Police Ombudsman for Northern Ireland

Proposed:

That this Assembly recognises the need for an effective, efficient and independent structure for dealing with complaints against police officers; believes the current operation of the Police Ombudsman for Northern Ireland (PONI) falls well below the reasonable expectations of complainants, serving and retired police officers, as well as the wider public; expresses deep concern regarding the grave findings as expressed in recent court judgements touching upon the methods and standard of investigative practice, the inordinate delay in concluding investigations and the submission of files to the Public Prosecution Service as required by due process; notes that this has resulted in a severe negative impact on natural justice and the legal rights of all concerned; criticises, in particular, the practice of the Ombudsman in arriving at determinations which exceed the statutory powers of the Office; condemns the use of Police and Criminal Evidence Order (PACE) powers to investigate allegations of non-substantive or non-existent criminal offences and to arrive at conclusions outwith any due process or independent scrutiny of what is alleged to be evidence; further notes the adverse impact this has on the reputation of the policing service; stresses that practical consideration should be given to establishing an independent complaints mechanism to promote accountability for misconduct, poor practice and administrative standards within PONI: and calls on the Minister of Justice to commission a fully independent inspection of PONI, including its investigative capability, financial management, security of information handling, operating practices and how it complies with its mandate to build trust and confidence, before the end of the current mandate..

Mr Mervyn Storey
Mr Trevor Clarke

The Question was put and the Assembly divided.

Ayes: 37
Noes: 46

AYES

Dr Aiken, Mr Allen, Mr Allister, Mrs Barton, Mr Beggs, Mr M Bradley, Ms P Bradley, Mr K Buchanan, Mr T Buchanan, Mr Buckley, Ms Bunting, Mr Butler, Mrs Cameron, Mr Chambers, Mr Clarke, Mrs Dodds, Mr Dunne, Mr Easton, Mrs Erskine, 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, Mr Swann, Mr Weir.

Tellers for the Ayes: Mr Clarke, Mr Storey.

NOES

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

Tellers for the Noes: Ms Ennis, Mrs D Kelly.

The motion was carried.

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

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

Ms Bunting voted for Mr M Bradley, Ms P Bradley, Mr K Buchanan, Mr T Buchanan, Mr Buckley, Mrs Cameron, Mr Clarke [Teller, Ayes], Mrs Dodds, Mr Dunne, Mr Easton, Mrs Erskine, Mr Frew, Mr Givan, Mr Harvey, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr Lyons, Mr Middleton, Miss McIlveen, Mr Newton, Mr Poots, Mr Robinson, Mr Stalford, Mr Storey [Teller, Ayes], and Mr Weir.

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

Mr O'Dowd voted for Dr Archibald, Mr Boylan, Ms Brogan, Mr Delargy, Ms Dillon, Ms Dolan, Ms Ennis [Teller, Noes], Ms Ferguson, Ms Flynn, Mr Gildernew, Ms Hargey, Mr Kearney, Mr G Kelly, Ms Kimmins, Mr McAleer, Mr McCann, Mr McGuigan, Mr McHugh, Ms A Murphy, Mr C Murphy, Ms Ní Chuilín, Mrs O'Neill, Ms Rogan, Mr Sheehan and Ms Sheerin.

Mr O'Toole voted for Ms Bradley, Mr Catney, Mr Durkan, Ms Hunter, Mrs Kelly [Teller, Noes], Ms Mallon, Mr McCrossan, Mr McGlone, Mr McGrath, Ms McLaughlin and Mr McNulty.

Northern Ireland Assembly

Papers Presented to the Assembly on 13 October 2021 to 18 October 2021.

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

Hospital Parking Charges Bill (NIA Bill 40/17-22)

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

Legislative Consent Memorandum for the Health and Care Bill - International Healthcare (Department of Health)

Legislative Consent Memorandum for the Health and Care Bill - Medicines and Medical Devices Information Systems (Department of Health)

Legislative Consent Memorandum for the Health and Care Bill - Part 5 Professional Regulation (Department of Health)

5. Assembly Reports

Report into the Withdrawal of DAERA and Local Authority Staff from Ports (NIA 111/17-22) (Committee for Agriculture, Environment and Rural Affairs)

Report of the Examiner of Statutory Rules to the Assembly and the Appropriate Committees Fourth Report of Session 2021 – 2022 (NIA 135/17-22) (Examiner of Statutory Rules)

6. Statutory Rules

SR 2021/284 The Health Protection (Coronavirus, International Travel) (2021 Consolidation) (Amendment No. 7) Regulations (Northern Ireland) 2021 (Department of Health)

For information only

Explanatory Memorandum for SR 2021/284 The Health Protection (Coronavirus, International Travel) (2021 Consolidation) (Amendment No. 7) Regulations (Northern Ireland) 2021 (Department of Health)

7. Written Ministerial Statements

8. Consultation Documents

Public Consultation – Intermediate Rent: Development of Policy and Model (Department for Communities)

Consultation on the Reduction of Single-use Plastic Beverage Cups and Food Containers (Department of Agriculture, Environment and Rural Affairs)

9. Departmental Publications

10. Agency Publications

11. Westminster Publications

12. Miscellaneous Publications

PROXY VOTING NOTICES – MONDAY 18 OCTOBER 2021

The following Members notified the Speaker, under Standing Order 112, that they wished to avail of proxy voting arrangements for the sitting on Monday 18 October 2021: