Standing Order 39(1) and Standing Order 37A(1), (2) and (3)(b) & (c): Suspension

Committee Business – in the Northern Ireland Assembly at 4:00 pm on 1 February 2016.

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Photo of Mike Nesbitt Mike Nesbitt UUP 4:00, 1 February 2016

I beg to move

That Standing Order 39(1) and Standing Order 37A(1), (2) and (3)(b) & (c) be suspended in respect of the Exceptional Further Consideration Stage of the Public Services Ombudsman Bill [NIA Bill 47/11-16].

The purpose of the proposed suspension is to enable an exceptional Further Consideration Stage of the Public Services Ombudsman Bill to take place. Standing Order 37(A) makes provision for an exceptional Further Consideration Stage, but it does so only in strictly limited circumstances where a provision of a Bill is outside legislative competence or a Bill has a serious technical defect as a direct consequence of an amendment made to the Bill, which is not the case at this time.

The Committee has agreed to seek to amend clause 50, which provides for non-disclosure notices, in response to a concern raised by the Attorney General that it might be outwith the Assembly's legislative competence. However, that concern does not arise from any of the minor amendments to clause 50, and, accordingly, Standing Order 37A, as it stands, would not facilitate a further amending stage. The Committee sought the advice of the Speaker on the appropriate procedure to bring the matter before the Assembly, and, in light of that advice, the Committee agreed to submit today's motion to suspend in part Standing Order 37A and Standing Order 39(1).

The House will recall that some Members and parties have consistently opposed the non-disclosure notice power in clause 50 but, notwithstanding that, have been willing to support the Bill in the round as a reforming measure and, to that end, the pragmatic way forward that the Committee is proposing by way of this motion and the amendment to clause 50. Approval of the motion would remove the requirement that the issue of legislative competence arises from an amendment to the Bill. The suspension is limited to the Exceptional Further Consideration Stage of the Ombudsman Bill. Subject to Members' approval of this motion, that will be the next scheduled item of business and will provide the House with the opportunity to consider the Committee's proposed amendment.

Photo of John Dallat John Dallat Social Democratic and Labour Party

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):

That Standing Order 39(1) and Standing Order 37A(1), (2) and (3)(b) & (c) be suspended in respect of the Exceptional Further Consideration Stage of the Public Services Ombudsman Bill [NIA Bill 47/11-16].