Northern Ireland Assembly, 29 June 2009

249 contributions from 61 members. The official report.

Assembly business

David McNarry (UUP, Strangford)

On a point of order, Mr Speaker.

Declan O'Loan (Social Democratic and Labour Party, North Antrim)

On a point of order, Mr Speaker.

William Hay (Speaker, Foyle)

I will take a point of order from Mr McNarry, and, following that, I will take a point of order from Mr O’Loan.

David McNarry (UUP, Strangford)

On a point of order, Mr Speaker. When can the House expect the Minister of Finance and Personnel to make a statement on the June monitoring round?

William Hay (Speaker, Foyle)

I thank the Member for his point of order. I have received no notification on the issue, but I spoke to the Minister this morning. As Members know, statements from the Finance Minister have to be agreed by the Executive, because they are made on behalf of the Executive. I understand that such a statement has not yet been agreed. The Executive will meet on Thursday, and it is possible that agreement will be reached on the statement at that meeting.

Having met the Minister this morning, I understand that he has no intention of not giving the Assembly its place on such an important issue. I have no doubt that after Thursday’s Executive meeting, we will hear a statement on the June monitoring round from the Minister.

David McNarry (UUP, Strangford)

Further to that point of order, I am grateful to you for your explanation and for what the Finance Minister has relayed to you. Should the Assembly, therefore, expect to be called for a plenary session to hear the Minister’s statement before recess or to be recalled during recess?

William Hay (Speaker, Foyle)

It will be for the Finance Minister and the Executive to work out the procedures after the Executive make their decision, but that issue has not been contemplated.

David McNarry (UUP, Strangford)

Further to that point of order, do you agree, if it is your place to do so, that it would be inappropriate for such a statement not to be made to the House before the summer recess or even at a recall of the Assembly during recess and that Members should not have to wait until September for the statement?

William Hay (Speaker, Foyle)

It is the intention of the appropriate Minister, if there is agreement at the Executive meeting on Thursday, to furnish Members with a written statement and to return to the House in September with an oral statement. That means that Members will have two opportunities to examine the issue. Perhaps that is the best way forward. However, let me make it absolutely clear that the Minister has no intention of bypassing the Assembly on this very important issue. I have no doubt that when the Executive make their decision on Thursday, proper procedures will be followed by the Minister, and by the Executive.

Declan O'Loan (Social Democratic and Labour Party, North Antrim)

Further to that point of order, Mr Speaker. Before I make my own point of order, I want to express my own strong support for what Mr McNarry has said. It would be outrageous if no statement was made to the Assembly on the June monitoring round before the summer recess. It would also be outrageous if such a statement was postponed until September.

William Hay (Speaker, Foyle)

Order. I ask the Member to take his seat.

Let us be absolutely clear: the Minister cannot make a statement until the June monitoring round has been agreed by the Executive, and there was no agreement at the most recent Executive meeting. That is why there is no statement from the Minister to the House this morning or tomorrow. The statement must first be agreed by the Executive, so that the Minister can deliver the statement on behalf of the Executive. Such a statement is not delivered on behalf of the Finance Minister, but on behalf of the Executive. Let us have clarity on that issue and stop playing politics with it.

Declan O'Loan (Social Democratic and Labour Party, North Antrim)

On a point of order, Mr Speaker. I want to make two points of order in relation to the debate in the House on 23 June on the report of the Committee on Standards and Privileges on the Northern Ireland Assembly code of conduct. The first relates to the accuracy of comments, and the second relates to the use of unparliamentary language.

In relation to the point of accuracy, page 31 of the ‘Northern Ireland Assembly Companion’ states:

“A good precedent has been established by other Members that, when a Member discovers that something that was said was incorrect, it was withdrawn on the Floor of the House. That is a good and proper way to behave.”

It is clear that the issue of accuracy is pertinent to the order of the House

In that debate, Mr Ian Paisley Jnr made certain comments. He referred to complaints that had been made in relation to him and said:

“Most of those complaints were repetitive and they all collapsed”. — [Official Report, Vol 42, No 4, p191, col 1].

However, in relation to complaints that were made by me against Mr Paisley Jnr, two were upheld by the interim Commissioner for Complaints, and one was substantiated by the Committee. A further complaint led to the Committee on Standards and Privileges reporting that it was:

“essential for the integrity of the Assembly that the rules governing the use of Office Cost Allowance are reviewed urgently”.

The Committee wrote in those terms to the Assembly Commission. Therefore, to say that the complaints had “collapsed” was both inaccurate and seriously misleading to the Assembly. That is an important matter that requires the attention of the Speaker.

With respect to the use of unparliamentary language, in the same debate, Mr Paisley Jnr, clearly referring to me, as he had named me earlier in the debate, said:

“We have had people’s reputations dragged through the mud for one reason only: to make the cheapest, lowest, dirtiest, meanest, nastiest complaints possible against Members and their character”. — [Official Report, Vol 42, No 4, p191, col 1].

Furthermore, he later used the words:

“the lowest, nastiest, cheapest activity”. — [Official Report, Vol 42, No 4, p191, col 1].

I made complaints that I believed to be entirely in the public interest, and that is what motivated me. I do not think that my motives should be impugned, and certainly not in language that I believe is unparliamentary. I ask you to rule on both of those matters.

William Hay (Speaker, Foyle)

I thank the Member for his point of order. The Member visited me this morning to discuss a number of issues, and that was one of the issues raised. I ask him to allow me to examine the Hansard report of that debate, and I will return either to him directly or to the entire House.

Stephen Farry (Alliance, North Down)

On a point of order, Mr Speaker. Returning to the issue of the June monitoring round, can you rule whether, in the letter and spirit of Standing Order 18(2), it is in order for the outcome of that monitoring round to be released through a written statement? It is quite evident that the June monitoring round is a “matter of public importance,” and the Minister is required to be mindful of that when taking any decision to release information through a written statement.

Further to that, is it technically possible for a written statement to be issued during the summer recess, given that no Official Report will be published to which the written statement can be annexed?

William Hay (Speaker, Foyle)

The Member has raised a number of issues. I have spoken to the Minister this morning, and I think that his intention is to issue a written statement in advance of an oral statement being made in the House in September. We are all up against the fact that summer recess is soon to begin. However, I should have thought that that is the best way to handle the matter. The written statement will clearly indicate that an oral statement will be made in the House in September.

I will keep repeating what I said earlier. I know from speaking to the Finance Minister this morning that he is quite anxious to make a statement to the House on the June monitoring round on behalf of the Executive. However, because we are up against the summer recess and because the Executive did not agree the matter last Thursday, the best procedure is to issue a written statement that clearly indicates that an oral statement will be made in September.

Stephen Farry (Alliance, North Down)

Further to that point of order, Mr Speaker. I certainly appreciate the Speaker’s guidance and recognise the practicalities of the situation that we are in. However, I would like clarification that any written statement that is issued will not be a written statement as per Standing Order 18; it will be a written statement from a Minister, not a written statement to the House.

William Hay (Speaker, Foyle)

That is correct. It will be advance notice to the House of an oral statement in September. It is for the Executive to decide what else that written statement might say, but that is what I would expect from it. [Interruption.]

Order. Members should not shout from a sedentary position. I am absolutely clear on the issue and on the conventions and procedures.

Nigel Dodds (DUP, Belfast North)

Further to that point of order, Mr Speaker. Let me say, for the sake of clarification, that I would have been absolutely delighted to make a statement on the June monitoring round in the Chamber this morning. It was not that the matter was not agreed; rather, it was deferred at the request of two Executive Ministers who wanted more time. Let us be in no doubt as to why no statement has been made in the Chamber today. It was not members of my party who made that request. Can I also say — [Interruption.]

William Hay (Speaker, Foyle)

Order.

Nigel Dodds (DUP, Belfast North)

I am making a point of order.

I am sure that other Executive Ministers and I will be happy to make a statement to the House whenever the House wishes one to be made. It is for the House to decide when it wishes to meet and in what form it wishes the statement to be made. I, and any successor of mine — indeed, any Minister — will comply with whatever the House wishes. At the end of the day, it is not for us to dictate to the House; we must work with the House. I can certainly undertake that, if the House makes a determination on how it wishes to proceed on the matter, it will be followed through on.

William Hay (Speaker, Foyle)

OK, Members, let us move on, please.

David McNarry (UUP, Strangford)

On a point of order, Mr Speaker.

William Hay (Speaker, Foyle)

Order. Is it the same point of order on which I have already deliberated for quite a while, or is it a totally different point of order?

David McNarry (UUP, Strangford)

It is a further point of order —

William Hay (Speaker, Foyle)

No. Order —

David McNarry (UUP, Strangford)

Excuse me; it is a further point of order that is different to the issue.

William Hay (Speaker, Foyle)

Well, let us hear it.

David McNarry (UUP, Strangford)

Thank you. Is it the case that the Minister can be permitted by you, Mr Speaker, to —

William Hay (Speaker, Foyle)

Order. I ask the Member to take his seat. He is coming very close to making the same point of order.

David McNarry (UUP, Strangford)

But if —

William Hay (Speaker, Foyle)

Order. I ask the Member to take his seat. I have spent quite some time trying to explain the position and how the Assembly might agree on this. Both the Finance Minister and I have spoken in an attempt to resolve the issue, and the convention for resolving the issue for the benefit of the entire House is absolutely clear.

Reg Empey (UUP, Belfast East)

Can I make a point of order?

William Hay (Speaker, Foyle)

Yes, certainly.

Reg Empey (UUP, Belfast East)

When I was sitting upstairs a few moments ago, I heard the Minister of Finance and Personnel refer to the absence of a statement today. I ask the Minister to reconsider what he said. I did not ask for the matter to be deferred. The papers were late and were delivered only an hour or so before the meeting. I said that I was not taking any view on them: I did not ask for them to be deferred. However, why should they be served up to me and the rest of the Executive at such stupid notice?

William Hay (Speaker, Foyle)

I want to make it clear that the House should not get involved in how the Executive do their business. Let us move on.

William Hay (Speaker, Foyle)

I wish to advise Members that I have received notification of the resignation of Mr Mark Durkan as Chairperson of the Committee for Enterprise, Trade and Investment with effect from Tuesday 30 June 2009. I have also received notification of the resignations of Mr Patsy McGlone as Chairperson of the Committee for the Environment and Mrs Carmel Hanna as Chairperson of the Committee on Standards and Privileges with effect from Friday 3 July 2009.

The nominating officer of the SDLP, Mr Mark Durkan, has nominated Mr Alban Maginness as Chairperson of the Committee for Enterprise, Trade and Investment with effect from Tuesday 30 June 2009, and Mrs Dolores Kelly as Chairperson of the Committee for the Environment and Mr Declan O’Loan as Chairperson of the Committee on Standards and Privileges with effect from Friday 3 July 2009. Mr Maginness, Mrs Kelly and Mr O’Loan have accepted the appointments.

I am satisfied that the correspondence meets the requirements of Standing Orders, and, therefore, confirm that Mr Alban Maginness will be Chairperson of the Committee for Enterprise, Trade and Investment with effect from Tuesday 30 June 2009; Mrs Dolores Kelly will be Chairperson of the Committee for the Environment with effect from Friday 3 July 2009; and Mr Declan O’Loan will be Chairperson of the Committee on Standards and Privileges with effect from Friday 3 July 2009.

Maurice (DUP, Fermanagh and South Tyrone)

I beg to move

That Standing Orders 10(2) to 10(4) be suspended for 29 June 2009.

William Hay (Speaker, Foyle)

Before I put the Question, I remind Members that this motion requires cross-community support.

Question put and agreed to.

Resolved (with cross-community support):

That Standing Orders 10(2) to 10(4) be suspended for 29 June 2009.

William Hay (Speaker, Foyle)

As the motion has been agreed, today’s sitting may go beyond 7.00 pm, if required.

William Hay (Speaker, Foyle)

I would like to inform Members that I have been notified that Mr Alban Maginness has resigned as a member of the Assembly Commission with effect from Friday 26 June 2009. In accordance with Standing Order 79(4), the vacancy must be filled within 28 days.

As with other similar motions, this will be treated as a business motion. There will, therefore, be no debate.

Resolved:

That, in accordance with Standing Order 79(4), Mrs Carmel Hanna be appointed to fill a vacancy on the Assembly Commission. — [Mr P Ramsey.]

Executive Committee Business

Tom Elliott (UUP, Fermanagh and South Tyrone)

On a point of order, Mr Speaker. Is it reasonable that Members should have only a couple of hours’ notice of such an important Bill, even though it is only at First Stage? The relevant Committee did not have prior notice of the matter.

William Hay (Speaker, Foyle)

It often happens in this House and elsewhere that the First Stage of a Bill appears neither on the Order Paper nor elsewhere.

Michelle Gildernew (Sinn Féin, Fermanagh and South Tyrone)

I beg to introduce the Forestry Bill [NIA 11/08], which is a Bill to make provision in relation to forestry and connected matters.

Bill passed First Stage and ordered to be printed.

William Hay (Speaker, Foyle)

The Bill will be put on the list of future business until a date for its Second Stage is determined.

William Hay (Speaker, Foyle)

I remind Members that, under Standing Order 37(2), the Further Consideration Stage of a Bill is restricted to debating any further amendments that have been tabled to the Bill. As no amendments have been tabled, there is no opportunity to discuss the Budget (No. 2) Bill today. Members will, of course, be able to have a full debate during the Bill’s Final Stage. The Further Consideration Stage of the Bill is, therefore, concluded. The Bill stands referred to the Speaker.

Committee Business

William Hay (Speaker, Foyle)

As is the case with similar motions, this will be treated as a business motion. Therefore, there will be no debate.

Resolved:

That Mr Alex Attwood replace Mrs Dolores Kelly as a member of the Committee for the Office of the First Minister and deputy First Minister; that Mrs Mary Bradley replace Mr Alban Maginness as a member of the Committee for Social Development; that Mr P J Bradley replace Mr Pat Ramsey as a member of the Committee for Culture, Arts and Leisure; that Mr John Dallat replace Mr Tommy Gallagher as a member of the Committee for the Environment; that Mr Tommy Gallagher replace Mr John Dallat as a member of the Committee for Regional Development; that Mrs Dolores Kelly replace Mr Tommy Gallagher as a member of the Committee for Health, Social Services and Public Safety; that Mr Patsy McGlone replace Mr P J Bradley as a member of the Committee for Agriculture and Rural Development; and that Mr Pat Ramsey replace Mr Alex Attwood as a member of the Committee for Employment and Learning.

William Hay (Speaker, Foyle)

As with similar motions, this will be treated as a business motion. There will, therefore, be no debate.

Resolved:

That Mr Tommy Gallagher replace Mr Pat Ramsey as a member of the Audit Committee; and that Mr Patsy McGlone replace Mr Thomas Burns as a member of the Public Accounts Committee.

William Hay (Speaker, Foyle)

As the next 27 motions relate to amendments to Standing Orders, I propose to conduct the debate as follows: I propose to group the motions as shown on the separate sheet that has been provided for Members and to conduct three debates. I shall ask the Chairperson of the Committee on Procedures to move the first motion in each group. Debate will then take place on all motions in the relevant group. When all Members who wish to speak have done so, I will put the Question on the first motion. I shall then ask the Chairperson to move formally each of the remaining motions in the group in turn, and I will then put the Question on each motion without further debate. If that is clear, we shall proceed.

The first group consists only of motion (a), as indicated on the Order Paper.

Maurice (DUP, Fermanagh and South Tyrone)

I beg to move

(a) In Standing Order 10 leave out paragraph (7) and insert –

“(7) Where an oral Ministerial statement made under Standing Order 18A impinges upon the time bands specified in this order, the Speaker shall act in accordance with Standing Order 18A(6).”

This is simply a tidying-up amendment arising from the amendments to Standing Order 18 on ministerial statements, and it brings the paragraph into line with the amendments that have been made previously. As it stands, Standing Order 10(7) refers to Standing Order 18 in line 2 and Standing Order 18(5) in line 4. Those should read “Standing Order 18A” and “Standing Order 18A(6)” respectively. It makes no substantial changes and is simply a consequential amendment, bringing Standing Order 10(7) into line with amendments that the Assembly made previously. I commend the motion to the Assembly.

Mickey Brady (Sinn Féin, Newry and Armagh)

Go raibh maith agat, a Cheann Comhairle. As Lord Morrow said, this is a tidying-up amendment that does not make any substantial changes.

Declan O'Loan (Social Democratic and Labour Party, North Antrim)

I support the motion.

Séan Neeson (Alliance, East Antrim)

I also support this and all the motions.

Wallace (DUP, Belfast East)

I reserve my right to speak in the debate on the third group of amendments.

Maurice (DUP, Fermanagh and South Tyrone)

This is a pleasant and easy task, as no one seems to be contrary this afternoon. I do not wish to add anything to what I have said already.

William Hay (Speaker, Foyle)

Before we proceed to the Question, I remind Members that the motion requires cross-community support.

Question put and agreed to.

Resolved (with cross-community support):

(a) In Standing Order 10 leave out paragraph (7) and insert —

“(7) Where an oral Ministerial statement made under Standing Order 18A impinges upon the time bands specified in this order, the Speaker shall act in accordance with Standing Order 18A(6).”

William Hay (Speaker, Foyle)

We move on to debate the second group, which consists of motions (b) through to (t), as indicated in the Order Paper.

Maurice (DUP, Fermanagh and South Tyrone)

I beg to move

(b) Leave out Standing Order 81 and insert —

“81. INTERPRETATION

In these Standing Orders –

‘day’ means calendar day;

‘nominating officer’, in relation to a party, means —

(a) the person registered under Part 2 of the Political Parties, Elections and Referendums Act 2002 as the party’s nominating officer; or

(b) a member of the Assembly nominated by him;

‘public holiday’ includes Christmas Day, Good Friday, any bank holiday and any other day appointed as such;

‘sitting day’ means a day on which the Assembly sits in plenary;

‘working day’ means any day which is neither a Saturday, Sunday, public holiday nor day when the Assembly is in Recess.”

The following motions stood in the Order Paper:

“seven days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(d) In Standing Order 15(1) line 4 leave out “two clear Working Days” and insert —

“two working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(e) In Standing Order 15(2) line 7 leave out “two clear Working Days” and insert —

“two working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(f) In Standing Order 15(3) line 7 leave out “two clear Working Days” and insert —

“two working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(g) In Standing Order 20(2) line 5 leave out “day when the Assembly does sit” and

insert —

“sitting day”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(h) In Standing Order 20A(1) at end insert —

“The question may only be asked on a sitting day.” — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(i) In Standing Order 20A(2) line 1 leave out “on the day it is submitted”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(j) In Standing Order 20B(4)(a) leave out “clear working days” and insert —

“working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(k) In Standing Order 20B(4)(b) line 3 leave out “clear working days” and insert —

“working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(l) In Standing Order 33(2) line 4 leave out “(excluding any periods when the Assembly is adjourned for more than three working days)”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(m) In Standing Order 35(5) line 10 leave out “thirty working days” and insert —

“30 working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(n) In Standing Order 35(7) line 8 leave out “thirty working days” and insert —

“30 working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(o) In Standing Order 46 leave out paragraph (3) and insert —

“(3) Committees may sit on any day.” — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(p) In Standing Order 61 line 1 leave out “one week” and insert —

“seven days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(q) In Standing Order 65(2) line 13 leave out “five sitting days” and insert —

“five working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(r) In Standing Order 65(3) line 10 leave out “five sitting days” and insert —

“five working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(s) In Standing Order 70(3) line 14 leave out “next day on which the Assembly shall meet” and insert —

“next sitting day”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

In Standing Order 79(4) line 5 leave out “sitting”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

On behalf of the Committee on Procedures, I propose that the Assembly approve the amendments to Standing Order 81 and the substantial number of consequential amendments.

At its meeting on 13 June 2007, the Committee on Procedures identified a list of key Standing Orders that needed to be reviewed during the current mandate. After a considerable and sustained effort, I am pleased to say that the Committee has now addressed the majority of the Standing Orders on that list. Today’s amendments to Standing Order 81 bring us closer to completion.

Standing Order 81 makes a key contribution to the interpretation and application of Standing Orders. That is borne out by the fact that if the Assembly were to approve the amendments to Standing Order 81, 18 consequential amendments would need to be considered. Consequently, it is of the utmost importance that Standing Order 81 is clear, easily understood and straightforward in its application. The Committee on Procedures has tabled a number of recommendations that it believes will achieve that.

For the benefit of all Members, I shall now highlight the principal changes to the Standing Order. The amendment makes no change to the definition of the word “day” and no change to the definition of the term “nominating officer”. The focus of the amendment is on making it very clear that there is now a difference between “working day” and “sitting day”. The current definition does not make that clear. The lack of clarity between “working day” and “sitting day” is the principal reason why the Committee tabled the amendment.

The amendment changes the definition of the term “working day”. It is hoped that the new definition is clearer, as it now simply means any day that is not a Saturday, Sunday, public holiday or a day when the Assembly is in recess. To assist the interpretation, the Committee considered that it would be helpful to include a definition for the term “public holiday”. The definition of public holiday will be:

“Christmas Day, Good Friday, any bank holiday and any other day appointed as such”.

That is based on the definition of public holidays in the Interpretation Act (Northern Ireland) 1954. The Assembly takes extra days, such as Easter Tuesday, that are not officially designated as public holidays. Those days, however, fall in recess periods and are covered by the definitions already.

“Sitting day” will now have a simple definition, which is:

“a day on which the Assembly sits in plenary”.

That aligns closely with the Interpretation Act (Northern Ireland) 1954 and with common everyday usage.

As I said, subject to the acceptance of those definitions, the Committee has tabled 18 consequential amendments, and Members will be pleased to learn that I do not intend to address each one. However, Members should note that the terms “working day” and “sitting day” are used in Standing Orders to count specified periods; for example, the period in which amendments may be tabled.

It is sufficient to say that the Committee decided that the changes to the definitions will not result in changes to any counting period, except in Standing Order 33, which deals with the Committee Stage of public Bills. Paragraph 2 of that Standing Order specifies the period in which a Committee may consider, take evidence and report on a Bill that is referred to it. Currently, that period is 30 working days from the date of referral, excluding any periods when the Assembly is adjourned for more than three working days. That makes it difficult for Committee members and staff to work out when the 30-day period finishes. Any day on which the Assembly does not sit, for example, a bank holiday that falls on a Monday, has the effect of extending the period for considering a Bill from the previous Wednesday to the next Tuesday.

Having heard that description, Members will understand the difficulties in getting that right. In order to simplify the process, the Committee on Procedures has recommended that the period in which a Committee may consider, take evidence and report on a Bill be a straightforward 30 working days. That amendment, when considered with the proposed changes to Standing Order 81, should make the process much more consistent and fair.

I will demonstrate the type of change that those amendments will mean through another example. Standing Order 46(3) states:

“All committees of the Assembly shall have leave to sit during a sitting of the Assembly and notwithstanding any adjournment of the Assembly.”

At present, Members must read that carefully, several times, in conjunction with Standing Order 81, and may still not be certain about when a Committee may sit. If the Assembly accepts the proposed consequential amendment, Standing Order 46(3) will become:

“Committees may sit on any day.”

In the Committee’s opinion, that is much clearer.

I recommend the motions to the Assembly.

Mickey Brady (Sinn Féin, Newry and Armagh)

Go raibh maith agat, a LeasCheann Comhairle. Lord Morrow has explained succinctly the reasons for the amendments to Standing Orders. I certainly do not want to go into as much detail. The amendments to Standing Order 81, and the consequential changes, clarify definitions and, therefore, make procedures much easier to understand.

Declan O'Loan (Social Democratic and Labour Party, North Antrim)

I also support the motions. As the Committee Chairman has explained, they relate to technical matters, such as definitions of public holidays, sitting days and working days, and where those are used in various Standing Orders. Although the Assembly does not usually have to look at such matters, it is important that they are attended to correctly. If not, there could be major difficulties on certain occasions. The amendments should have the Assembly’s full support.

Séan Neeson (Alliance, East Antrim)

I support the motions.

Maurice (DUP, Fermanagh and South Tyrone)

I thank Members for their comments. I need not say much except to point out the fact that Members are agreed. The Committee has been diligent on this matter, and its work will help the Assembly to conduct its future business.

William Hay (Speaker, Foyle)

Before we proceed to the Question, I remind Members that all the motions require cross-community support.

Question put and agreed to.

Resolved (with cross-community support):

(b) Leave out Standing Order 81 and insert —

“81. INTERPRETATION

In these Standing Orders –

‘day’ means calendar day;

‘nominating officer’, in relation to a party, means —

(a) the person registered under Part 2 of the Political Parties, Elections and Referendums Act 2002 as the party’s nominating officer; or

(b) a member of the Assembly nominated by him;

‘public holiday’ includes Christmas Day, Good Friday, any bank holiday and any other day appointed as such;

‘sitting day’ means a day on which the Assembly sits in plenary;

‘working day’ means any day which is neither a Saturday, Sunday, public holiday nor day when the Assembly is in Recess.”

Resolved (with cross-community support):

“seven days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(d) In Standing Order 15(1) line 4 leave out “two clear Working Days” and insert —

“two working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(e) In Standing Order 15(2) line 7 leave out “two clear Working Days” and insert —

“two working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(f) In Standing Order 15(3) line 7 leave out “two clear Working Days” and insert —

“two working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(g) In Standing Order 20(2) line 5 leave out “day when the Assembly does sit” and

insert —

“sitting day”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(h) In Standing Order 20A(1) at end insert —

“The question may only be asked on a sitting day.” — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(i) In Standing Order 20A(2) line 1 leave out “on the day it is submitted”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(j) In Standing Order 20B(4)(a) leave out “clear working days” and insert —

“working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(k) In Standing Order 20B(4)(b) line 3 leave out “clear working days” and insert —

“working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(m) In Standing Order 35(5) line 10 leave out “thirty working days” and insert —

“30 working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(n) In Standing Order 35(7) line 8 leave out “thirty working days” and insert —

“30 working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(o) In Standing Order 46 leave out paragraph (3) and insert —

“(3) Committees may sit on any day.” — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(p) In Standing Order 61 line 1 leave out “one week” and insert —

“seven days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(q) In Standing Order 65(2) line 13 leave out “five sitting days” and insert —

“five working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(r) In Standing Order 65(3) line 10 leave out “five sitting days” and insert —

“five working days”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(s) In Standing Order 70(3) line 14 leave out “next day on which the Assembly shall meet” and insert —

“next sitting day”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

Resolved (with cross-community support):

(t) In Standing Order 79(4) line 5 leave out “sitting”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

William Hay (Speaker, Foyle)

We now come to the debate on the third group, which consists of motions (u) to (aa), as indicated on the Order Paper.

Maurice (DUP, Fermanagh and South Tyrone)

I beg to move

(u) After Standing Order 81 insert —

“82. PRELIMINARY MATTERS AND INTERPRETATION

(1) The provisions of these Standing Orders apply to Private Bills.

(2) In these Standing Orders —

‘explanatory and financial memorandum’, in relation to a Private Bill, means a memorandum detailing —

(a) the issue the Bill is intended to address;

(b) the consultative process undertaken;

(d) the option selected and why; and

(e) the cost implications of the proposal;

‘Objector’ means a person objecting to a Private Bill;

‘Private Bill’ means a Bill introduced for the purpose of obtaining for the Promoter particular powers or benefits in excess of or in conflict with the general law, and includes a Bill relating to the estate, property, status or style, or otherwise relating to the personal affairs, of the Promoter; and

‘Promoter’ means the individual, body corporate or unincorporated association of persons promoting a Private Bill.

83. STAGES IN CONSIDERATION OF PRIVATE BILLS

(1) The stages in the consideration of a Private Bill are —

(a) Preliminary Scrutiny Stage: consideration as to whether the Bill satisfies the pre-requisites;

(b) Introduction and First Stage: introduction of the Bill to the Assembly;

(c) Investigation Stage: initial investigation by a Private Bill committee into the principles of the Bill and report to the Assembly;

(d) Second Stage: general debate on the Bill with an opportunity for members to vote on its general principles;

(e) Committee Stage: detailed investigation and opportunity to amend by the committee followed by report to the Assembly;

(f) Consideration Stage: consideration of and an opportunity for the Assembly to vote on the details of the Bill, including amendments proposed to the Bill;

(g) Further Consideration Stage: opportunity for members to consider and vote on amendments proposed to the Bill;

(h) Final Stage: passing or rejection of the Bill without further amendment.

(2) In the circumstances set out in Standing Order 90, Committee Stage may be re-opened.

84. PRELIMINARY SCRUTINY STAGE

(1) A Private Bill shall not be introduced in the Assembly unless the Promoter has satisfied the Speaker that —

(a) there is proof of need for the Bill;

(b) there is no suitable alternative other than the matter proceeding by way of a Private Bill;

(d) the Bill would be within the legislative competence of the Assembly;

(e) the Promoter has been authorised to promote the Bill in accordance with its constitution or such higher standard as the Speaker may require; and

(f) the Bill would not have the effect of authorising any sum to be paid out of the Consolidated Fund.

(2) In addition to the requirements of paragraph (1) the Bill must be —

(a) signed by the Promoter;

(b) in such form as the Speaker may require; and

(i) an explanatory and financial memorandum;

(ii) a statement in writing signed by the Promoter, to the effect that, in the Promoter’s view, the Bill would be within the legislative competence of the Assembly;

(iii) such other documents as the Speaker may require; and

(iv) such fee as the Assembly Commission may determine.

(3) The fee referred to in paragraph (2)(c)(iv) shall be reduced by 75% where the Promoter —

(a) is a charity; or

(b) is a body —

(i) which is not established or conducted for profit; and

(ii) whose main objects are charitable or are concerned with science, literature or the fine arts.

(4) The Speaker may reduce the fee referred to in paragraph (2)(c)(iv) to nil if satisfied that the Bill —

(a) is largely the same as a Bill recently withdrawn; and

(b) has the same Promoter as the withdrawn Bill.

85. INTRODUCTION AND FIRST STAGE

(1) A Private Bill shall be introduced in the Assembly by the Speaker. The Speaker shall announce that the Bill has been received, has passed Preliminary Scrutiny Stage and will now be published. This shall constitute the Bill’s First Stage.

(2) The following shall accompany the Bill on introduction —

(a) the statement of legislative competence referred to in Standing Order 84(2)(c)(ii);

(b) the explanatory and financial memorandum; and

(3) After introduction, the Bill shall stand referred to a Private Bill committee for its Investigation Stage.

(4) The Speaker shall, as soon as is reasonably practicable after the introduction of the Bill, send a copy of it to the Northern Ireland Human Rights Commission.

86. INVESTIGATION STAGE

(1) Investigation Stage shall commence when the Private Bill is referred to the Private Bill committee and shall last at least 60 working days.

(2) The committee shall carry out an initial investigation into the general principles of the Bill and report its opinion to the Assembly.

(3) On the report being made to the Assembly, the Bill shall be set down in the list of pending future business until a date for its Second Stage is determined.

87. SECOND STAGE

(1) The debate on the motion ‘That the Second Stage of the …….. Bill be agreed’ shall be confined to the general principles of the Bill.

(2) Amendments may be proposed to this motion, to leave out the words after ‘That’ and insert words which state a reason for the Assembly not to agree to the Second Stage of the Bill.

(3) If an amendment proposed in accordance with paragraph (2) is negatived the Speaker shall immediately put the question that the Second Stage of the Bill be agreed.

88. COMMITTEE STAGE

(1) On the Second Stage of a Private Bill being agreed, the Bill shall stand referred to the Private Bill committee, unless the Assembly shall order otherwise.

(2) Proceedings at Committee Stage shall be conducted in accordance with the directions of the committee.

(3) The committee shall consider the Bill within the period of 30 working days from the date of referral.

(4) Before the conclusion of that period, a motion may be moved in the Assembly by the chairperson of the committee to extend the period until a date specified in the motion.

(5) The committee shall take such evidence and hear from such witnesses as it thinks fit.

(6) The parties may present their case to the committee, introduce evidence and call witnesses. A party may cross examine any other party, any witness called by that party and, at the discretion of the committee, any other witness.

(7) The parties must make full written disclosure in advance of the issues they intend to raise and the evidence they intend to introduce.

(8) The parties may act on their own behalf or by means of a representative.

(9) The committee may make such amendments as it thinks fit to the Bill and report its opinion on the Bill to the Assembly.

(10) On a report being made to the Assembly under paragraph (9), or on the conclusion of any period specified in this order or extended by the Assembly under this order, the Bill shall be set down on the list of pending future business until a date for its Consideration Stage is determined.

(11) In this order ‘parties’ means —

(a) the Promoter; and

(b) any Objector whose objection has been admitted under Standing Order 96.

89. CONSIDERATION STAGE

(1) Consideration Stage shall not commence until at least five working days after the Private Bill committee makes its report to the Assembly under Standing Order 88.

(2) Any amendments proposed to be made to a Bill at Consideration Stage shall be deposited with the clerk in time for inclusion on a Notice Paper circulated on a day before the day appointed for Consideration Stage. Amendments shall be arranged in the order in which the Bill is to be considered. Amendments may be moved, at the discretion of the Speaker, in very exceptional circumstances without such notice.

(3) On consideration of a Bill, the clauses and schedules shall be considered in the order in which they stand in the Bill unless the Assembly, on a motion moved after notice by the chairperson of the committee, decides otherwise. The question shall be put in respect of each clause and schedule, that the clause or schedule (or, as the case may be, the clause or schedule as amended) stand part of the Bill.

(4) Consideration of the preamble and the long title shall be postponed until after the consideration of the clauses and of any schedules.

(5) Members may speak more than once in debate during Consideration Stage.

(6) At the completion of Consideration Stage the Bill shall stand referred to the Speaker.

90. ADJOURNMENT OF CONSIDERATION STAGE AND RE-OPENED COMMITTEE STAGE

(1) The Assembly may, in view of the number or complexity of amendments proposed to be moved at Consideration Stage and on foot of a motion moved by the chairperson of the Private Bill committee, adjourn Consideration Stage and refer the Bill, together with such amendments as are thought fit, to the committee for a re-opened Committee Stage.

(2) Notice of the motion must be given to the Speaker not later than 9.30 am on the day appointed for Consideration Stage.

(3) Re-opened Committee Stage shall be conducted in accordance with Standing Order 88 save that —

(a) debate and vote shall be confined to those amendments referred to the committee; and

(b) the duration of the re-opened Committee Stage shall be determined in accordance with the motion adjourning Consideration Stage.

(4) Consideration Stage may only be adjourned once under this order.

91. FURTHER CONSIDERATION STAGE

(1) Further Consideration Stage shall not commence until at least five working days after Consideration Stage ends.

(2) Any amendments proposed to be made to a Bill at Further Consideration Stage shall be deposited with the clerk in time for inclusion on a Notice Paper circulated on a day before the day appointed for Further Consideration Stage. Amendments shall be arranged in the order in which the Bill is to be considered. Amendments may be moved, at the discretion of the Speaker, in very exceptional circumstances without such notice.

(3) During proceedings at Further Consideration Stage, debate and vote shall be confined to those amendments which have been selected. The amendments shall be considered in the order in which the relevant clauses or schedules stand in the Bill.

(4) Any amendments selected which relate to the long title shall be considered after those relating to the clauses and schedules of the Bill.

(5) Members may speak more than once in debate during Further Consideration Stage.

(6) At the conclusion of the debate on Further Consideration Stage the Bill shall stand referred to the Speaker.

92. FINAL STAGE

(1) After completion of Further Consideration Stage of a Bill, it shall be set down on the list of pending future business until a date for its Final Stage is determined.

(2) Final Stage shall not commence until at least five working days after Further Consideration Stage ends.

(3) No date may be determined for Final Stage of a Bill until —

(a) the Speaker has considered the Bill in accordance with section 10 of the Northern Ireland Act 1998 and signified to the chairperson of the Private Bill committee that in his or her opinion it may properly proceed to its Final Stage; or

(b) if the Bill is referred to the Secretary of State by the Speaker under section 10(2)(b) of that Act, the Secretary of State has signified his or her consent, or informed the Assembly of his or her opinion, under section 10(2)(c) of that Act.

(4) Debate at Final Stage shall be on the motion ‘That the Bill do now pass’ and shall be confined to the content of the Bill. No amendments may be made to the Bill at Final Stage.

93. RECONSIDERATION

(1) Notwithstanding that a Bill has been passed under Standing Order 92 or approved under paragraph (3) of this order, it shall be set down in the list of pending future business as awaiting reconsideration if (but only if) —

(a) the Judicial Committee decides that any provision of the Bill is not within the legislative competence of the Assembly;

(b) a reference to the Judicial Committee made by the Attorney General for Northern Ireland in relation to a provision of the Bill under section 11 of the Northern Ireland Act 1998 has been withdrawn following a request for withdrawal under section 12 of that Act;

(c) a decision is made by the Secretary of State under section 14(4) or (5) of that Act not to submit the Bill for Royal Assent; or

(d) a motion under section 15(1) of that Act that the Bill shall not be submitted for Royal Assent has been passed by either House of Parliament.

(2) During proceedings on reconsideration of a Bill, the Assembly shall consider only amendments proposed to be made to the Bill; and the provisions of Standing Order 89(2) shall apply to such amendments.

(3) Where a Bill has been amended during proceedings on reconsideration, the question, that the Bill, as amended, be approved shall be put immediately and decided without amendment or debate.

94. CONTINUATION OF BILLS INTO NEW SESSION

(1) Where a Bill has not completed its passage by the end of a session of the Assembly, its passage shall be continued into the next session.

(2) A Bill shall not be continued if the Assembly is dissolved.

95. AMENDMENTS

Amendments proposed to a Private Bill shall be relevant to the provisions of the Bill and shall not be in conflict with the principles of the Bill as agreed to at Second Stage.

96. OBJECTIONS

(1) Subject to paragraph (2), any objections to a Private Bill must be lodged within 42 working days of the commencement of Investigation Stage.

(2) The committee may accept objections lodged outside that period if it is satisfied that —

(a) there are exceptional circumstances; and

(b) the objection is lodged as quickly as possible,

provided that the objection must be lodged at the latest before the first sitting of the committee at Committee Stage.

(3) The committee shall consider all objections lodged in accordance with this order and admit them if —

(a) the Objector has shown that his or her property or interests are directly and specially affected by the Bill;

(b) the objection is in such form and accompanied by such information as may be required; and

(4) An Objector may take no further part in proceedings unless the objection is admitted.

(5) An Objector cannot raise an issue subsequently unless it was contained in the original objection.

97. HUMAN RIGHTS ISSUES

(1) For the purpose of obtaining advice as to whether a Private Bill is compatible with human rights (including rights under the European Convention on Human Rights) the Assembly may proceed on a motion made in pursuance of paragraph (2).

(2) Notice may be given by any member of a motion ‘That the Northern Ireland Human Rights Commission be asked to advise whether the …….. Bill is compatible with human rights’.

(3) Notice of such a motion may be given at any time after the Bill’s introduction.

(4) On a motion being moved under paragraph (2) a brief explanatory statement may be made by the member who proposes the motion and by a member who opposes it, and the Speaker shall then put the question without further debate.

(5) Any advice tendered to the Assembly by the Northern Ireland Human Rights Commission in response to a request made in pursuance of paragraph (2) shall be circulated to all members and published in a manner determined by the Speaker.

98. FEES AND COSTS

(1) The Promoter must pay the costs associated with a Private Bill incurred by the Assembly Commission (in addition to the fee which must be paid before a Bill is introduced).

(2) All fees and costs (including Objectors’ fees) payable under the provisions of these Standing Orders shall be paid to the Assembly Commission.

99. PRIVATE BILL COMMITTEES

(1) The Assembly shall establish a Private Bill committee to exercise the functions set out in the provisions of these Standing Orders, in respect of each Private Bill introduced in the Assembly.

(2) Each committee shall —

(a) consist of five members; and

(b) have a chairperson and deputy chairperson who shall be elected by the committee.

(3) The quorum of the committee shall be three. Members linked by a video-conferencing facility shall not count towards the quorum.

(4) All questions at the committee shall be decided by a simple majority. Voting shall be by a show of hands unless otherwise requested. In the event of a tied vote, the chairperson shall have a casting vote.

(5) Members of the committee shall normally attend all meetings of the committee and may be absent from a meeting in exceptional circumstances only.

(6) A member with a personal or constituency interest in the Bill shall not be eligible to sit on the committee.

(7) Each committee may exercise the power in section 44(1) of the Northern Ireland Act 1998.”

The following motions stood in the Order Paper:

(v) In Standing Order 12(1) line 2 leave out “Bills” and insert —

“Public Bills”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(w) In Standing Order 13 leave out paragraph (1) and insert —

“(1) The stages and procedures for Private Bills shall be as set out in the provisions of Standing Orders dealing with Private Bills.” — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(x) In Standing Order 22(1) line 2 leave out “, not being a petition for a private Bill or relating to any Private Bill before the Assembly,”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(y) In Standing Order 50(1) line 2 leave out “two” and insert —

“three”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(z) In Standing Order 50(1) line 4 after “standing committees” insert —

“, Private Bill committees”. — [The Chairperson of the Committee on Procedures (Lord Morrow).]

(aa) In Standing Order 50 after paragraph (3) insert —

“(4) Private Bill committees shall be established in accordance with the provisions of Standing Orders dealing with Private Bills.” — [The Chairperson of the Committee on Procedures (Lord Morrow).]

The Committee on Procedures brought the ‘Report on the Inquiry into Private Legislation’ to the Assembly on 3 November 2008. That report was approved and I now table the amendments to the Standing Orders that give effect to the policies and procedures recommended in the report.

The draft Standing Orders before the Assembly today provide procedures for dealing with Private Bills. Despite the similarity in titles, private Bills should not be confused with private Members’ Bills. Private Members’ Bills are public legislation and are dealt with under the public legislation Standing Orders. A private Bill’s purpose is to obtain particular powers for an individual, corporate body or association of persons. It seeks exemptions or benefits in excess of, or in conflict with, general law, and it can relate to the estate, property, status, style or otherwise of the promoter’s personal affairs. In the main, private Bills are likely to concern the legislative arrangements for charities, colleges and churches, powers sought by local authorities, and general company law. Private Bills often seek exemptions from, or additional powers to, public law.

I have no intention today of going back over the technical issues that are associated with private Bills, as those were debated as part of the report’s approval in November 2008. I will instead give an overview of what the Standing Orders for private Bills will do.

Given that private Bills are likely to be uncommon and given the length of the Standing Orders, the Committee on Procedures is recommending that the Standing Orders for private Bills are given their own chapter at the end of the current Standing Orders. The new chapter will be called “Private Legislation” and will have 17 new Standing Orders numbered from 82 to 99.

Standing Order 82 will provide the definitions that apply to all private Bills. For example, it will provide definitions of “objector”, “promoter” and “private Bill”.

Standing Order 83 will set out the stages that private Bills will go through and will provide a brief explanation of each stage.

Standing Orders 84 to 93 will provide the detail of each Stage. Each Stage will have its own Standing Order that will provide the detail of the procedures. Those stages are based, as far as possible, on the same procedures that are used for public Bills. There will be, however, some differences. One difference will be the Preliminary Scrutiny Stage, when the promoter has to prove that there is a need for the Bill. Another difference will be at Investigation Stage — under Standing Order 86 — when the private Bill Committee will report on the principles of the private Bill to the Assembly. By their very nature, private Bills tend to be largely unknown to Members. The report on the principles is to assist Members in understanding the Bill, and thus to help them to make an informed decision on whether they can agree on those principles.

Standing Order 88 will deal with the procedures for the Committee Stage of the Bill. It will allow for the Bill to be amended in Committee, for the promoter and objector to cross-examine each other, and will enable them to have someone else representing them.

Standing Order 89 will allow for a Consideration Stage similar to that which is in place for public Bills, with one major difference: if Members table substantial or technically complex amendments at that Stage, it can be adjourned to allow the private Bill Committee to consider the amendments. Standing Order 90 will outline that procedure.

Standing Orders 91, 92 and 93 will allow, respectively, for the Further Consideration Stage, Final Stage and Reconsideration Stage of private Bills and will reflect the provisions that are in place for public Bills.

Standing Order 94 will deal with Bills that are being carried forth into a new session.

Standing Order 95 will deal with amendments and reflect the provisions that are in place for public Bills at Standing Order 38.

Standing Order 96 will deal with objections to private Bills, including the timescale for lodging an objection, how to make a late objection and the format of an objection. The provisions for objections to private Bills are different from those for public Bills and allow a member of the public to make a formal objection to a private Bill.

Standing Order 97 will deal with human rights and will reflect the provisions that are in place for public Bills, as per Standing Order 34.

Standing Order 98 will deal with fees and costs. The actual level of the fees is not set in the Standing Orders; rather, the Assembly Commission has set the fees at £5,000 for the promoter, with a 50% reduction for charities, and objectors will pay £20.

Standing Order 99 will deal with private Bill Committees and will allow for them to be set up as per the report. For example, each Committee shall consist of five members; the quorum of the Committee shall be three; and each Committee Chairperson shall have the casting vote.

There is one difference between the content of the report and that of the Standing Orders. Paragraph 61 of the Committee report allowed for a procedure called “additional provisions”. The Committee on Procedures spent considerable time on drafting a Standing Order to enable that procedure, which was based on what happens in Westminster. However, it became clear to us that there was an easier and clearer way to make that happen, which was to allow the promoter of a Bill to withdraw and reintroduce it. That procedure is more in keeping with the procedures of the Assembly as well as being simple and easy. Therefore, the Committee has gone down that route and not the one indicated in the report.

Allowing a promoter to withdraw and resubmit a Bill does not need separate Standing Orders, except for the provision on fees, which is in Standing Order 84(4). Under Standing Order 84(4), a promoter who withdraws and then reintroduces a Bill does not have to pay a second fee.

Before I address the consequential amendments that accompany the new Standing Orders, I thank the members of the Committee on Procedures. The drafting of those Standing Orders was a difficult and complex task, and it required Committee members to investigate and examine the technical detail of each Standing Order. It was by no means an easy or particularly enjoyable task, so I express my appreciation to the Committee for its time and effort. I include the Committee Clerks in that.

There are six consequential amendments, which are lettered (v) to (aa) in the Order Paper. Motion (v) deals with Standing Order 12 on public business and makes it clear that the Stages of Bills being referred to are public Bills, not private Bills.

Motion (w) deals with Standing Order 13 on private business. Standing Order 13(1) deals with private Bills and needed to be amended to reflect the new procedures.

Motion (x) deals with Standing Order 22 and public petitions; it discusses petitions for private Bills. In Westminster, private Bills are introduced by way of petition, but that will not be the case for private Bills in the Assembly. Therefore, Standing Order 22 requires amendment.

Motions (y), (z) and (aa) deal with Standing Order 50 and non-statutory Committees. Those three amendments make it clear that the Assembly has three types of non-statutory Committee: Standing, Ad Hoc and private Bill Committees.

I hope that I have provided an adequate explanation of the new Standing Orders and the consequential amendments. I recommend their approval to the House.

Mickey Brady (Sinn Féin, Newry and Armagh)

Go raibh maith agat, a Cheann Comhairle. I support the motions. As Lord Morrow said, private Bills are rare and usually deal with specific organisations. The amendments clarify the procedures for private Bills and make the process easier.

Ken Robinson (UUP, East Antrim)

I, too, support the motions. In presenting the motions to the Assembly, Lord Morrow has made clear that they deal with an area where we have yet to test the waters. The steps and stages that the Committee have addressed will help with that. I pay tribute to the Committee Clerks for their help, advice and support throughout the process.

Declan O'Loan (Social Democratic and Labour Party, North Antrim)

I also support the motions. The Chairperson has done a very good job in explaining what is involved. These are necessary Standing Orders that we hope will rarely, if ever, be employed. I also thank the Chairperson, the Committee Clerk and all the Committee staff who were involved in what all Members can see was a substantial piece of work.

Séan Neeson (Alliance, East Antrim)

Although private Bills are few and far between, it is important that we legislate for them. As the Chairman of the Committee stated, the Assembly Commission has looked favourably on charities and tried to assist them in bringing forward private Bills. Like other Members, I thank the Chairman and the Committee Clerks for their contribution to this important work.

Wallace (DUP, Belfast East)

I join other Members in expressing gratitude for the dedication of the Committee staff, who worked on a complicated and detailed piece of procedure for dealing with private Bills.

In the past, private Bills were dealt with in Westminster and were promoted by organisations outside the House of Commons, such as companies and local authorities, to obtain powers for themselves that were in excess of, or in conflict with, the general law. To date, no such Bills have been presented to the Assembly, but it is essential that the necessary legislation and procedure is in place to enable this House to scrutinise, and decide on, the proper course of action to be followed to reach the right decision in that eventuality.

I am confident that, after many hours of deliberation by the Committee, all the new procedures encompass the necessary steps for the Assembly to undertake competently the investigation of any private Bill that may be presented to it.

Private Bills change the law only as it applies to specific organisations or individuals rather than the general public. I welcome the fact that the new procedures will allow groups or individuals who are potentially affected by such changes to petition against any proposed Bill and to present their objections to the relevant Committees. A recent example of such a Bill was that which was presented by Westminster City Council to prohibit the distribution of free throwaway shopping bags by retailers in London. That Bill gives powers to local authorities to enforce that prohibition, with some exemptions. Perhaps we should think about that.

I will not go through the various stages of the process. It was complicated, but I am confident that, with the passage of these changes, the Assembly will be able to deal with private Bills. Perhaps, in time, the Assembly will consider legislation similar to that in the United States of America, where private Bills were common between 1817 and 1971. Federal agencies can now deal with most of the issues that were previously dealt with by private Bills because they have been granted sufficient discretion by the United States Congress to deal with exceptions to the general legislative scheme of various laws.

I thank Lord Morrow for his expertise in guiding the Committee through this complicated but important piece of legislation. The progress of private Bills can often be slow and cumbersome, but I am confident that the procedure is now in place to deal efficiently and effectively with them.

Mervyn Storey (DUP, North Antrim)

On behalf of the Committee, I thank the Members who supported the motion. We also thank Lord Morrow and the Committee Clerk and her staff for the way in which they guided the Committee through often technical and detailed deliberations on private Bills.

Some Members might wonder why there has been a delay in getting to this point. We debated the issues in November 2008, but the Committee is only now presenting the new Standing Orders to the House. There are two reasons for that delay: first, these are complex and technical matters, and developing and drafting the Standing Orders took a considerable time; secondly, as Members can see from the Order Paper, the Standing Orders for private Bills are rather long. That has contributed to the amount of paper that Members have in front of them.

To save money and time, the Committee decided to bring the Standing Orders as one of the last items of business in this session and to have them printed as part of the annual summer reprint of Standing Orders. Members will note that private Bills are not routine in other legislatures, but they are not uncommon. The likelihood is that a private Bill will be introduced to the Northern Ireland Assembly sooner rather than later.

However, the Committee’s research indicates that the Assembly is unlikely to have more than four to five private Bills to deal with in each mandate, if that. Given that so few private Bills are expected, the Committee has, as far as possible, tried to replicate the procedures and legislative Stages that are used for other types of Bill. It is hoped that that familiarity will stand Members in good stead if ever they have to sit on a private Bill Committee. I wish them well if that is their lot in life, and if that hand is placed on their shoulder.

There are some differences, however, such as the Preliminary Scrutiny Stage that a private Bill must undergo. That places an obligation on the promoter of the Bill to prove its necessity, to consult fully with those affected and to present the Bill in the correct format. That move is to be welcomed. The Committee ensured that that was included in Standing Orders.

The fees and expenses that the promoter and objector must pay are another major difference. It is not right that a promoter who seeks to introduce a private Bill for private gain be allowed to do so at the public purse’s expense. The Committee Stage for a private Bill is a significant departure from the norm for the Assembly, but it reflects the nature of and differences in private Bills. During that Stage, the Committee will take a quasi-judicial role, and adjudicate among competing opinions.

I thank Members who have given their support to the motion, and I recommend it to the House.