Official Report (Hansard) Tuesday 28 February 2012 Volume 73 , No 2 Session 2011-2012 Contents Assembly Business ......................................................................................................................57 Executive Committee Business Department of Justice ..................................................................................................................57 Oral Answers to Questions Environment .................................................................................................................................74 Finance and Personnel .................................................................................................................79 Executive Committee Business Rates Amendment Bill: Royal Assent .............................................................................................86 Ministerial Statement Article 31 Planning Applications and Decisions ...............................................................................86 Private Members’ Business Carjacking....................................................................................................................................95 Undeveloped Sites .....................................................................................................................113 Adjournment Children and Young People with Cancer: East Belfast ....................................................................128 Suggested amendments or corrections will be considered by the Editor. They should be sent to: The Editor of Debates, Room 248, Parliament Buildings, Belfast BT4 3XX. Tel: 028 9052 1135 · e-mail: [email protected] to arrive not later than two weeks after publication of this report. Assembly Members Agnew, Steven (North Down) Lynch, Seán (Fermanagh and South Tyrone) Allister, Jim (North Antrim) Lyttle, Chris (East Belfast) Anderson, Ms Martina (Foyle) McCallister, John (South Down) Anderson, Sydney (Upper Bann) McCann, Fra (West Belfast) Attwood, Alex (West Belfast) McCann, Ms Jennifer (West Belfast) Beggs, Roy (East Antrim) McCarthy, Kieran (Strangford) Bell, Jonathan (Strangford) McCartney, Raymond (Foyle) Boylan, Cathal (Newry and Armagh) McCausland, Nelson (North Belfast) Boyle, Ms Michaela (West Tyrone) McClarty, David (East Londonderry) Bradley, Dominic (Newry and Armagh) McCrea, Basil (Lagan Valley) Bradley, Ms Paula (North Belfast) McCrea, Ian (Mid Ulster) Brady, Mickey (Newry and Armagh) McDevitt, Conall (South Belfast) Buchanan, Thomas (West Tyrone) McDonnell, Dr Alasdair (South Belfast) Byrne, Joe (West Tyrone) McElduff, Barry (West Tyrone) Campbell, Gregory (East Londonderry) McGimpsey, Michael (South Belfast) Clarke, Trevor (South Antrim) McGlone, Patsy (Mid Ulster) Clarke, Willie (South Down) McGuinness, Martin (Mid Ulster) Cochrane, Mrs Judith (East Belfast) McIlveen, David (North Antrim) Copeland, Michael (East Belfast) McIlveen, Miss Michelle (Strangford) Craig, Jonathan (Lagan Valley) McKay, Daithí (North Antrim) Cree, Leslie (North Down) McKevitt, Mrs Karen (South Down) Dallat, John (East Londonderry) McLaughlin, Mitchel (South Antrim) Dickson, Stewart (East Antrim) McMullan, Oliver (East Antrim) Dobson, Mrs Jo-Anne (Upper Bann) McNarry, David (Strangford) Doherty, Pat (West Tyrone) McQuillan, Adrian (East Londonderry) Douglas, Sammy (East Belfast) Maginness, Alban (North Belfast) Dunne, Gordon (North Down) Maskey, Alex (South Belfast) Durkan, Mark H (Foyle) Maskey, Paul (West Belfast) Easton, Alex (North Down) Molloy, Francie (Mid Ulster) Eastwood, Colum (Foyle) Morrow, The Lord (Fermanagh and South Tyrone) Elliott, Tom (Fermanagh and South Tyrone) Moutray, Stephen (Upper Bann) Farry, Dr Stephen (North Down) Murphy, Conor (Newry and Armagh) Flanagan, Phil (Fermanagh and South Tyrone) Nesbitt, Mike (Strangford) Ford, David (South Antrim) Newton, Robin (East Belfast) Foster, Mrs Arlene (Fermanagh and South Tyrone) Ní Chuilín, Ms Carál (North Belfast) Frew, Paul (North Antrim) Ó hOisín, Cathal (East Londonderry) Gardiner, Samuel (Upper Bann) O’Dowd, John (Upper Bann) Gildernew, Ms Michelle (Fermanagh and South Tyrone) O’Neill, Mrs Michelle (Mid Ulster) Girvan, Paul (South Antrim) Overend, Mrs Sandra (Mid Ulster) Givan, Paul (Lagan Valley) Poots, Edwin (Lagan Valley) Hale, Mrs Brenda (Lagan Valley) Ramsey, Pat (Foyle) Hamilton, Simon (Strangford) Ramsey, Ms Sue (West Belfast) Hay, William (Speaker) Ritchie, Ms Margaret (South Down) Hilditch, David (East Antrim) Robinson, George (East Londonderry) Humphrey, William (North Belfast) Robinson, Peter (East Belfast) Hussey, Ross (West Tyrone) Ross, Alastair (East Antrim) Irwin, William (Newry and Armagh) Ruane, Ms Caitríona (South Down) Kelly, Mrs Dolores (Upper Bann) Sheehan, Pat (West Belfast) Kelly, Gerry (North Belfast) Spratt, Jimmy (South Belfast) Kennedy, Danny (Newry and Armagh) Storey, Mervyn (North Antrim) Kinahan, Danny (South Antrim) Swann, Robin (North Antrim) Lewis, Ms Pam (South Antrim) Weir, Peter (North Down) Lo, Ms Anna (South Belfast) Wells, Jim (South Down) Lunn, Trevor (Lagan Valley) Wilson, Sammy (East Antrim) Northern Ireland Assembly Tuesday 28 February 2012 The Assembly met at 10.30 am (Mr Speaker in the Chair). Members observed two minutes’ silence. Assembly Business Executive Committee Mr Speaker: Before we proceed to today’s Business business, I advise the House that I received a letter this morning from the Minister of Culture, Department of Justice Arts and Leisure advising that she is not in a position to make the intended statement Mr Speaker: The First Minister and deputy on salmon conservation today. There will be First Minister have tabled a motion to continue a statement on planning issues immediately operation of the Department of Justice from 1 after Question Time. So, there will be only one May 2012. The Business Committee has agreed statement to the House this afternoon. to allow up to one hour and 30 minutes for the debate. The deputy First Minister will propose the motion and will have 10 minutes in which to do so. The First Minister will conclude and make a winding-up speech on the debate, and he will also have 10 minutes in which to speak. One amendment has been selected and published on the Marshalled List. The proposer will have 10 minutes to propose the amendment and five minutes in which to make a winding-up speech. All other Members who are called to speak will have five minutes. Mr M McGuinness (The deputy First Minister): I beg to move That, pursuant to paragraph 8(1) of schedule 1 to the Northern Ireland Act 2009, the Department of Justice established by the Department of Justice Act (Northern Ireland) 2010 is to continue operating from 1 May 2012. A Cheann Comhairle — Mr Speaker — it is almost two years since this Assembly requested the devolution of policing and justice responsibilities in March 2010. The transfer of responsibilities was achieved in April 2010, and few in this Assembly would now want to put the clock back. Most of us would agree that local democratic responsibility for these powers is a great improvement on unaccountable direct rule. The First Minister and I made clear at that time that the arrangements for appointing a Justice 57 Tuesday 28 February 2012 Executive Committee Business: Department of Justice Minister were on an interim basis and were on the way forward statement of 18 January. We subject to review in the light of experience. indicated that we would seek Executive approval to bring a resolution at the earliest opportunity In 2008, we first raised the mechanism of a sunset to the Assembly to extend the present justice clause, which would require the reassessment arrangements beyond May 2012. of the interim arrangements by May 2012. That was given statutory force in Westminster We gave a commitment on addressing some legislation in 2009, which held up the threat of of the Alliance Party’s concerns in relation to the dissolution of the Department of Justice on the effect of the Westminster legislation on 1 May 2012 unless the Assembly had passed new the Justice Minister’s tenure of office. The legislation to adopt alternative arrangements or statement also dealt with the future of the had passed a motion such as this. Department for Employment and Learning and the wider review of post-2015 institutions. The The dissolution of the Department of Justice on Executive recently agreed to our tabling the 1 May 2012 would be a drastic eventuality; it motion that we are debating today. It refers to would create considerable legal uncertainty and schedule 1 to the Northern Ireland Act 2009, is to be avoided if at all possible. The prospect has which contains a sunset clause; it also cites understandably concentrated minds in recent the Department of Justice Act 2010, which is months. In October 2011, the Assembly tasked an Act of the Assembly that established the the Assembly and Executive Review Committee Department of Justice. with reviewing the initial arrangements for appointing the Minister of Justice. If the Assembly passes the motion with the necessary cross-community support, it will Last autumn, the work of that Committee mean that the sunset clause will not take established that there were continuing differences effect on 1 May 2012. It will also mean that of views between political parties on the ministerial the arrangements for electing the Minister of arrangements that should apply after 1 May Justice by parallel consent, which had been 2012. The Committee identified the options used in April 2010 and May 2011, will continue