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Assembly Monitor 27 September 2010

By Colm Burns - last updated on Fri, 01/10/2010 - 15:15

Assembly Monitor is a weekly update on the work of the NI Assembly and in particular the issues which are of interest to the voluntary and community sector.

We have linked the Assembly Monitor to the official record Hansard and the MLAs to their Assembly profile pages.

Last Week at the Assembly

Monday 20 September Committee Business

A number of committees asked for extensions of the committee stage of a number of bills. Below is a list of motions and the committee;

Committee for Employment and Learning

Extension of Committee Stage: Student Loans (Amendment) Bill (NIA Bill 22/09)

The motion was passed

Extension of Committee Stage: Welfare of Animals Bill (NIA Bill 28/09)

The motion was passed

Committee for Agriculture and Rural Development

Extension of Committee Stage: Welfare of Animals Bill (NIA Bill 28/09).

The motion was passed

Committee for Social Development

Extension of Committee Stage: Housing (Amendment) (No.2) Bill (NIA Bill 32/09)

The motion was passed

Committee for Enterprise, Trade and Investment

Extension of Committee Stage: Energy Bill (NIA Bill 23/09)

The motion was passed

Committee for Health, Social Services and Public Safety

Extension of Committee Stage: Safeguarding Board Bill (NIA Bill 25/09)

The motion was passed

Motion - Report on the Inquiry into the Role of the Northern Ireland Assembly in Scrutinising the Executive's Budget and Expenditure

The Deputy Chairperson of the Committee for Finance and Personnel (Mr D McNarry) proposed:

That this Assembly approves the second Report of the Committee for Finance and Personnel (NIA 66/09/10R) on its Inquiry into the Role of the Northern Ireland Assembly in Scrutinising the Executive's Budget and Expenditure; and calls on the Minister of Finance and Personnel, in conjunction with Executive colleagues, to implement, as applicable, the recommendations contained therein.

Mr McNarry then gave the background to the Inquiry and the main findings of the report. 

This lively debate had a number of inputs from members of the committee for Finance and Personnel as well as a number of chairs of other committees.  The Minister of Finance and Personnel (Mr S Wilson) also spoke on the report a comments made during the debate.

The Debate was concluded by The Chairperson of the Committee for Finance and Personnel (Ms J McCann) and was put to the Assembly.

The motion was passed.

Link to Hansard

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Question Time

Questions to the Minister of the Environment

Mrs M O'Neill (Sinn Fein, Mid Ulster) asked the Minister of the Environment when he expects the public inquiry to be completed on NI Electricity Service's planning application for the north south electricity interconnector.

The Minister of the Environment (Mr E Poots): My officials have written to the Planning Appeals Commission to advise it of my decision to proceed by way of a public inquiry. My officials have also indicated to the Planning Appeals Commission that further information will be sought from the applicant so that proper consideration may be given to the likely environmental effects of the proposed development. My officials will not be in a position to formally request the Planning Appeals Commission to hold a public local inquiry until the Planning Service has received and considered the further environmental information.

The Planning Appeals Commission has been made aware that that process of considering the further environmental information will delay the formal request to hold an inquiry. Following consideration of the further environmental information, the matter will pass to the Planning Appeals Commission, which will determine an appropriate timetable. I have no information as yet regarding a likely completion date for the public inquiry.

Mr A McQuillan (DUP, East Londonderry) asked the Minister of the Environment what progress has been made on the redeployment of Planning Service staff.

The Minister of the Environment (Mr E Poots): My Department faces in-year pressures of £16 million, which is 12·4% of our opening baseline position. That scale of financial pressure in one year is unprecedented in either my Department or any other Northern Ireland Department. It follows a difficult position last year, when we had to absorb financial pressures of £9 million. The shortfall in the Planning Service, which is mainly due to reduced fee income in 2010-11, is estimated to be at least £6·4 million and is not something that we could have avoided.

I am pleased that my Department received £2 million in the June monitoring round and that it will bid for additional in-year funding in subsequent monitoring rounds. However, the final decision on that rests with the Executive. Pending Executive decisions, I have drawn up contingency plans to manage the position. As most of my Department’s budget is staff-related, reductions in workforce levels across the Department, including the Planning Service, have become unavoidable. The contingency plans include a redeployment scheme for administrative staff and a regrading scheme to enable professional and technical staff in the Planning Service to transfer voluntarily to the general service discipline.

To date, over 44 administrative staff from the Planning Service have been deployed, and dates have been agreed to release a further nine over the next few weeks. Work is ongoing with the Department of Finance and Personnel and other Northern Ireland Civil Service Departments to identify posts for professional and technical staff, together with opportunities to loan or second staff to other organisations for limited periods. For example, by 28 September, 60 PTO staff will have transferred on loan to Land and Property Services for two years. All those measures are aimed at retaining valuable planning expertise in the Northern Ireland Civil Service to be utilised when the economy starts to improve.

Link to Hansard

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Questions to the Minister for Finance and Personnel

Mrs D Kelly (SDLP,Upper Bann) asked the Minister of Finance and Personnel for his assessment of the First Minister's assertion that there may be a better way to deal with the forthcoming budget reduction than implementing pro-rata cuts across Departments; and whether he is considering any alternative options.

The Minister of Finance and Personnel (Mr S Wilson): The First Minister is correct to say that pro rata cuts are not the best way forward for the Budget process. That does not reflect the Executive’s strategic priorities, and it cannot be right to assume that the pressures and demands of each Department are of equal merit. In constructing the draft Budget position, I will look at the priorities that are set out by the Programme for Government. Other factors will be brought into play, such as the ability of Departments to spend the money allocated to them and the impact that that will have on front line services. I cannot emphasise enough — I have done it time and time again — the importance of real engagement by Ministers so that we can discuss how their proposals fit into the Programme for Government and where exactly the priorities lie in their Departments

Mr R Beggs (UUP, East Antrim) asked the Minister of Finance and Personnel what role he expects departmental Committees to play in the Budget 2010 process.

The Minister of Finance and Personnel (Mr S Wilson): Departmental Committees should play a pivotal and proactive role in co-ordinating responses to departmental budget allocations. I have stressed to my ministerial colleagues that it is imperative that they engage as early as possible with their Committees in a transparent manner. As I said earlier in answer to a previous question, full and frank engagement is beneficial both to Committees and Ministers. Of course, a Minister who gets a Committee on board has allies when it comes to making the argument. Some Ministers, through their unwillingness to engage either with the Department of Finance and Personnel or, even worse, their respective Committee, find themselves isolated with no friends or supporters when it comes to making departmental bids.

Link to Hansard

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Private Members Business

Motion - Carbon Monoxide Awareness and Strategy

Mr A McQuillan (DUP, East Londonderry), proposed a motion to the Assembly:

That this Assembly calls on the Executive to introduce legislation to compel builders to fit carbon monoxide alarms to all new homes; and further calls on the Executive to bring forward a strategy to raise awareness of this silent killer and to encourage people to fit carbon monoxide alarms.

The emotive subject had Seventeen Members contributing to the debate and the Minister of Finance and Personnel discussing the implications for any legislation.  

Mr G Campbell (DUP, East Londonderry) concluded the debate.

The motion was passed.

Link to Hansard Part One

Link to Hansard Part Two

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Written Ministerial Statement

Research and Education Advisory Panel (REAP)

The Minister of Agriculture and Rural Development (Ms M Gildernew) provided a written statement to the Assembly on her departments decision to dissolve REAP.

Link to Hansard

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Tuesday 21 September

 Questions for Urgent Oral Answer Minister of Justice

The Speaker announced that he had received notice of an urgent oral question to the Minister of Justice. 

Due to the subject mater the Speak also allowed each party to ask a supplementary question.

Lord Morrow (DUP, Fermanagh and South Tyrone) asked the Minister of Justice, in light of his recent statement that indicated there were five clerical errors by the NI Courts and Tribunals Service in relation to the McDermott case including one in relation to the sexual offences prevention order which stated the duration was for five years rather than for life, if he can assure the Assembly that there are no further discrepancies or clerical errors by the Courts and Tribunals Service that could place the public at immediate risk; and if he can further assure the Assembly that every step possible is being taken to review urgently all sexual offences prevention orders and to ensure that this situation does not arise again.

The Minister of Justice (Mr Ford) responded to the Question and answered a number of supplementary questions.

Link to Hansard

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Questions for Urgent Oral Answer Minister of Health, Social Services and Public Safety

Following on from the Questions to the Minister of Justice the Speaker also received a question for urgent oral answer to the Minister for Health, Social Services and Public Safety.  The Speaker also agreed that party representatives with a constituency interest will be given an opportunity to ask a supplementary question.

Mr J Wells (DUP, South Antrim) asked the Minister of Health, Social Services and Public Safety what plans the Western Health and Social Care Trust has in place should the McDermott brothers discharge themselves from Lakeview Hospital in the near future and attempt to return to Donagh, County Fermanagh; and whether the Department has attempted to have the supervision and treatment order amended to address this possible scenario.

The Minister for Health, Social Services and Public Safety also answered a number of questions from members of the Assembly.

Link to Hansard

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Question Time

Questions to the Minister for Health, Social Services and Public Safety

Mr J Wells (DUP, South Down) asked the Minister of Health, Social Services and Public Safety if and when he will introduce measures to control the point-of-sale advertising of tobacco products.

The Minister of Health, Social Services and Public Safety Mr M McGimpsey): I sought approval from Executive colleagues in December 2009 to issue for public consultation draft regulations banning the point-of-sale display of tobacco products. All Ministers, with the exception of the First Minister, have given their approval for that consultation. My primary aim in introducing that new legislation is to prevent children and young people from taking up the smoking habit. The earlier those measures are introduced, the more people we will save from a premature death caused by smoking. Given that nine months have elapsed since initial Executive approval was sought, I have recently instructed my Department to proceed with a 12-week consultation on the draft regulations.

Mr D McNarry (UUP, Strangford) asked the Minister of Health, Social Services and Public Safety for an assessment of his Department's budgetary position.

The Minister of Health, Social Services and Public Safety Mr M McGimpsey): My Department faces the worst financial environment since the creation of the Health Service in 1948. The Executive’s decision to impose £113 million cuts on my in-year budget has had a clear impact on waiting times. I am deeply concerned that, without additional funding from the centre, I may have to make cuts to front line services to manage my budget this year.

Looking ahead, I can see that my budget will face even worse times. Using the Executive’s planning figures and our best assessment of the costs that we will face in the next four years, I have calculated that the financial challenge during the next CSR period will be around £1·5 billion against an existing budget of £4·3 billion. That is twice the scale of the efficiencies that I have delivered during the current CSR period. In my view, that is simply an unrealistic budget.

Link to Hansard

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Questions to the Minister for Justice

Mr T Gallagher (SDLP, Fermanagh and South Tyrone) asked the Minister of Justice when it became known that an incorrect Special Treatment Order was issued for the McDermott brothers, how long it took to correct the error and re-issue the order and what steps are being taken to investigate the circumstances of the error.

The Minister of Justice (Mr Ford): The Department of Justice knew on 17 August 2010 that there was a discrepancy between the supervision and treatment orders (STOs) that were issued in respect of the two McDermott brothers and the judgement of the court. The Department of Justice notified the Northern Ireland Courts and Tribunals Service on 18 August. Following consultation with the Office of the Lord Chief Justice and the trial judge, amended orders were issued on 20 August. On 3 September, I advised the Chairperson of the Committee for Justice that the Courts and Tribunals Service had initiated a review of all current supervision and treatment orders, including those in the McDermott case. That review has now been completed.

I have since written to the Chairperson of the Committee for Justice to advise that, in view of the issues that were raised by the review of STOs, I instructed the Courts and Tribunals Service to undertake a detailed examination of all its administrative processes in the case of the McDermott brothers. I have also asked the service to undertake an urgent review of all sexual offences prevention orders that have been issued in Northern Ireland to ensure that they accurately reflect the decision of the judge in individual cases. I expect the review report by mid-October.

To ensure that such errors do not recur, I have instructed the director of the Courts and Tribunals Service to initiate an urgent review of procedures for the preparation, checking and issuing of court orders in the Crown Court to identify how those arrangements can be strengthened.

Link to Hansard

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Private Members Business

Motion - Outstanding Medical Negligence Cases

Mr J O'Dowd (Sinn Fein, Upper Bann) proposed a motion to the Assembly:

That this Assembly expresses its deep concern at the delay in resolving some medical negligence cases, with one case ongoing for 27 years, and a total of 55 cases lasting over 15 years; and calls on the Minister of Health, Social Services and Public Safety to commission a review of all medical negligence cases outstanding for ten years or more, to ensure that they are being dealt with expeditiously, and to report on how cases, generally, can be handled in a more efficient, timely and compassionate manner.

The motion was debated by a number of members and the Minister of Health, Social Services and Public Safety Mr M McGimpsey). The motion was passed

Link to Hansard

Motion - Human Trafficking

Mr D McNarry (UUP, Strangford) proposed a motion to the Assembly:

That this Assembly condemns human trafficking; notes with grave concern the growing prevalence of human trafficking for the sex trade, domestic servitude and labour exploitation in Northern Ireland; further notes that men, women and children are victims of human trafficking and that human trafficking exists because of local demand; and calls on the Minister of Justice and the Executive to raise awareness of human trafficking among the public in order to assist the authorities in securing prosecutions against those who carry out this modern form of slavery and to ensure that Northern Ireland is a hostile place for traffickers.

Mr A Maguinness (SDLP, Belfast North) proposed an amendment to to be added at the end of the motion: and further calls on the Minister of Justice to work closely with the Irish Government and the European Union to ensure that Northern Ireland is part of an all-island, European-wide response to this serious issue

The motion was debated by a number of members and the Minister of Justice

The Amendment was voted on and passed Ayes 51 Noes 32

The Motion was voted on and passed

Link to Hansard Part One

Link to Hansard Part Two

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Adjournment Debate

Lagan Valley Hospital Accident and Emergency Unit

Mr P Givan (DUP, Lagan Valley) introduced an adjournment debate on the review of the Lagan Valley Hospital Accident and Emergency Unit

Link to Hansard

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This week at the Assembly

Monday 27 September Question Time Office of the First Minister and deputy First Minister

Mr C Lyttle (Alliance, East Belfast)

To ask the First Minister and deputy First Minister for an update on the consultation process for the draft Programme for Cohesion, Sharing and Integration.

Dr S Farry (Alliance, North Down)

To ask the First Minister and deputy First Minister for an update on the development of the Sexual Orientation Strategy.

Mr A Bresland (DUP, West Tyrone)

To ask the First Minister and deputy First Minister for an update on their plans for a Commissioner for Older People.

Mr L Cree (UUP, North Down)

To ask the First Minister and deputy First Minister what action they have taken, through their Central Anti-Poverty Unit, to address figures from the Institute of Fiscal Studies which show that recent budget cuts have reduced the income of the poorest people in society by 5 per cent, compared to a reduction for the richest people of only one per cent.

Mr C McDevitt (SDLP, South Belfast)

To ask the First Minister and deputy First Minister why the Programme for Cohesion, Sharing and Integration does not contain any targets or review mechanisms.

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Questions to Minister of Regional Development

Mr P Ramsey (SDLP, Foyle)

To ask the Minister for Regional Development to outline the changes in the level of carbon produced as a result of public transport since 2000; and how the carbon footprint produced by public transport currently compares to other sectors of the economy.

Mr D McNarry (UUP, Strangford)

To ask the Minister for Regional Development for a breakdown of the estimated cost of his proposal to bring Northern Ireland Water under the direct control of his Department.

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Committee Business

Motion - Extension of Committee Stage: Transport Bill (NIA Bill 29/09)

The Chairperson of the Committee for Regional Development will propose (Mr F Cobain):

That, in accordance with Standing Order 33(4), the period referred to in Standing Order 33(2) be extended to 17 December 2010, in relation to the Committee Stage of the Transport Bill (NIA Bill 29/09).

Motion - Extension of Committee Stage: Tourism (Amendment) Bill (NIA Bill 30/09)

The Chairperson of the Committee for Enterprise, Trade and Investment (Mr A Maguinness) will propose:

That, in accordance with Standing Order 33(4), the period referred to in Standing Order 33(2) be extended to 29 November 2010, in relation to the Committee Stage of the Tourism (Amendment) Bill (NIA Bill 30/09).

Motion - Standing Committee Membership

Mr P Weir (DUP, North Down) will propose:

That Mr Paul Givan be appointed as a member of the Assembly and Executive Review Committee.

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Private Members’ Business

Motion - Planning Appeals Commission

Mr P Givan (DUP, Lagan Valley) Mr S Hamilton (DUP, Strangford) Mr P Weir (DUP, North Down) and Mr P McGlone (SDLP, Mid-Ulster) will propose:

That this Assembly calls on the Planning Appeals Commission to carry out its work more efficiently and to give priority to major planning applications on which public inquiries are to be held.

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Motion - Proposed Rose Energy Incinerator at Glenavy

Mr M McLaughlin (Sinn Fein, South Antrim), Mr P Butler (Sinn Fein, Lagan Valley) and Mr C Boylan (Sinn Fein, Newry and Armagh) will propose:

That this Assembly calls on the Minister of the Environment to set up a full public inquiry into the Rose Energy proposal to build an incinerator at Glenavy on the shores of Lough Neagh; and to ensure that the inquiry will facilitate an open and transparent consideration of the key issues and an independent review of the evidence provided, both for and against the application.

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Tuesday 28 September

Question Time Questions to Minister of Social Development

Mr T Clarke (DUP, South Antrim)

To ask the Minister for Social Development why his Department changed the criteria which allowed people in receipt of rates relief to benefit from the Warm Homes Scheme.

Mr P J Bradley (SDLP, South Down)

To ask the Minister for Social Development for his assessment of the impact of UK welfare reform proposals in Northern Ireland, in the next three years.

Mr J Bell (DUP, Strangford)

To ask the Minister for Social Development what action his Department is taking to address fuel poverty.

Questions to Agriculture and Rural Development

Mr A Ross (DUP, East Antrim)

To ask the Minister of Agriculture and Rural Development for her assessment of the level of funding currently committed under Axis 3 of the Rural Development Programme

Mr P Frew (DUP, North Antrim)

To ask the Minister of Agriculture and Rural Development to outline the problems faced in relation to funding procedures under the Rural Development Programme, where funding has been awarded but not distributed due to bureaucracy

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Private Members’ Business

Motion - Equality and Good Relations

Ms M Ritchie(SDLP, South Down), Mrs D Kelly (SDLP, Upper Bann), Mr C McDevitt (SDLP, Belfast South) and Mr D O’Loan (SDLP, North Antrim) will propose:

That this Assembly acknowledges that there will be no good relations on this island without equality, and no equality without good relations; recognises that people who are socially disadvantaged suffer most from sectarian division; affirms the need for strong political leadership and independent voices to challenge Government to progress lasting change; believes that Government must tackle the origins and manifestations of sectarianism and racism through a robust Executive strategy; notes the publication of the Programme for Cohesion, Sharing and Integration; and believes that the consultation document fails to provide an adequate framework to enable progress towards a shared and reconciled society.

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Motion - Welfare Reform

Mr S Hamilton (DUP, Strangford) and Miss M McIlveen (DUP, Strangford) will propose:

That this Assembly acknowledges Northern Ireland's high dependency on social security benefits; supports reforms which are aimed at simplifying the social security process and helping people to get back to work; and calls on the Minister for Social Development to continue his dialogue with the Department for Work and Pensions, stressing the need for the special social and economic circumstances of Northern Ireland to be carefully considered and urging the introduction of appropriate measures to ensure that the proposed welfare reforms do not have a disproportionately negative impact on Northern Ireland.

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Adjournment Debate

Mr P Maskey (Sinn Fein, Belfast West) will propose an adjournment debate on:

Future use of the former Social Security offices in Slieveban Drive, Andersonstown

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Committeees

Committee for Agriculture and Rural Development

Dogs (Amendment) Bill

Welfare of Animals Bill

Public Session - Room 30, Parliament Buildings at 10.30am

Assembly and Executive Review Committee

Presentation by Research Staff (Forward Work Programme)

Public Session - Room 21, Parliament Buildings at 11.00am

Committee for the Environment

Waste and Contaminated Land Bill – clause by clause consideration

Public Session - Room 29, Parliament Buildings at 12.45pm

Committee on Procedures

Standing Orders in respect of the Attorney General for Northern Ireland

Public Session - Room 144, Parliament Buildings at 2.30pm

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Wednesday 29 September

Committee for Finance and Personnel

Support for Carers – Research Briefing

Budget Scrutiny Inquiry: Consideration of draft third report

Closed Session 11.35 – 12.00pm

Public Session - Room 30, Parliament Buildings at 10.00pm

Committee for Regional Development

Transport Bill: Committee Stage

PSA Targets 2008-11 First quarter performance monitoring update

Public Session - Room 21, Parliament Buildings at 10.30am

Committee for the Office of the First Minister and deputy First Minister

Commissioner for Older People Bill

Public Session - Room , Parliament Buildings at 2.00pm

Committee for Education

Presentation from NAHT on the draft Early Years (0-6) Srategy

Presentation from CiNI on the draft Early Years (0-6) Strategy

Public Session - Room 21, Parliament Buildings at 2.00pm

Committee for Employment and Learning

NEETs Inquiry

Student Loans (Amendment) Bill : Clause-by-clause scrutiny

Public Session – Room 29, Parliament Buildings at TBC

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Thursday 30 September

Committee for Social Development

Irresponsible Drinks Promotions – Briefing by Department

Public Session - Room 29, Parliament Buildings at 10.00am

Committee for the Environment

Stakeholder Briefings on the High Hedges Bill – Banbridge District Council
Stakeholder Briefings on the High Hedges Bill – NILGA
Assembly Research briefing on Clean Neighbourhoods Bill
Departmental briefing on the Clean Neighbourhoods Bill

Public Session - Room 144, Parliament Buildings at 10.00am

Committee for Culture, Arts and Leisure

Briefing from National Museums NI regarding impact of spending plans

Public Session - Room 21, Parliament Buildings at 10.30am

Committee for Enterprise, Trade and Investment

Energy Efficiency Levy – Outcome of PPE: Written briefing

DETI’s Final Outturn for 2009-10

EU Third Energy Package (IME3) – proposals for consultations on the gas and electricity directives: Written briefing

Public Session - Room 30, Parliament Buildings at 10.30am

Committee for Justice

Budget 2010 Process

Briefing by Legal Services Commission on response to Consultation on Legal Aid funding Code
Departmental Briefing on Draft Sentencing Guidelines Mechanisms Consultation
Briefing by the Prisoner Ombudsman on her role and responsibilities– Provisional Date

Public Session – TBC, Parliament Buildings at TBC

Committee for Health, Social Services and Public Safety

Safeguarding Board Northern Ireland Bill NIA 25/09.

Public Session - Room 30, Parliament Buildings at 2.00pm

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