← LEADERSHIP TERMINAL

UK PARLIAMENT · FORMER

Chris Lyttle

East Belfast · Alliance Party · Northern Ireland

IN THEIR OWN WORDS

The Department for Communities, councils, the Department for the Economy, further education stakeholders, the Department of Health and the Department of Finance all responded with their perspectives on and experiences of the provision of free period products and with ways in which the Bill's provisions could be coordinated and funded.

OFFICIAL REPORT, 2022-03-24 · READ THE OFFICIAL RECORD

That is an important start in support of the implementation of the provisions of the Bill. <BR /> <BR />The Education Committee undertook Committee Stage scrutiny of this cross-cutting Bill — I am proud that we did — on behalf of other relevant subject Committees.

OFFICIAL REPORT, 2022-03-24 · READ THE OFFICIAL RECORD

and fighting our corners in media studios. Perhaps the hosts of some of those programmes see fit to encourage that type of approach, but I am thankful for the level of cooperation between parties on the key issues and hope that that will be the legacy for the next Assembly.

OFFICIAL REPORT, 2022-03-24 · READ THE OFFICIAL RECORD

Thank you, Deputy Speaker. I welcome the opportunity to move the Final Stage of the Fair Employment (School Teachers) Bill. It will remove the anachronistic exception of teachers from the Fair Employment and Treatment Order (FETO) and ensure that it is no longer possible for any teacher to be discriminated against because of their religio…

OFFICIAL REPORT, 2022-03-24 · READ THE OFFICIAL RECORD

This opportunity has been made possible by a collective effort from many people, and I put on record my thanks to research officer Connie Egan and constituency officer Nick Mathison for the work that they contributed to the Bill's progress.

OFFICIAL REPORT, 2022-03-24 · READ THE OFFICIAL RECORD

<BR /> <BR />I thank my Assembly colleagues without whom the Bill would not have progressed to this stage and would not pass. I thank Sinead for the role that she played as Chairperson of the Executive Office Committee and for the time that she made available to me outside of Bill stages and Committee meetings, which, as I said, made the…

OFFICIAL REPORT, 2022-03-24 · READ THE OFFICIAL RECORD

The complete record

Every one of 1,655 lines we hold for Chris Lyttle, in date order, each linked to its source. Free to read, in full, without an account. Page 4 of 34.

  1. I welcome the overdue but extremely important progress that has been made on deferred school start age via the Bill being presented by the Education Minister and the amendments, which were developed in cooperation with the Education Committee. I acknowledge those efforts and the liaison that occurred between the Minister, her officials, the Deputy Chair and me and the work that has been done to address as many provisions as possible in the accelerated passage of the Bill. <BR /> <BR />At Consideration Stage, the Minister tabled an amendment providing for a review of the category of deferred cases, as urged by the Committee. The Committee requested that measure to provide an opportunity for other aspects of flexible school starting age to be addressed.

    OFFICIAL REPORT, 2022-02-22 · READ THE OFFICIAL RECORD

  2. The legislation before the House is a necessary step towards achieving that aim, although that does not detract from the need for comprehensive legislation to deliver a professional body for teachers in Northern Ireland. <BR /> <BR />I support the General Teaching Council (Directions) Bill.

    OFFICIAL REPORT, 2022-02-22 · READ THE OFFICIAL RECORD

  3. As the Education Minister has said today, when that review reported, she took action to dissolve the organisation. The Education Committee supported that course of action. <BR /> <BR />This is, however, an unacceptable failure to support our valued teaching profession in Northern Ireland, and the focus for everyone must now be on the creation of a fit-for-purpose organisation for our esteemed teaching profession in Northern Ireland. That organisation must be competent and professional in representing and registering teachers, regulating misconduct and protecting and safeguarding children and young people in Northern Ireland.

    OFFICIAL REPORT, 2022-02-22 · READ THE OFFICIAL RECORD

  4. <BR /> <BR />The Education Committee wrote to the Education Department in June, asking it to urgently progress legislation, given public statements by the GTCNI that a deficient regulatory framework meant that children and young people could be at risk. The Committee also asked the Department to provide further information on the road map out of special measures for GTCNI. Replies from the Education Department made it clear that a significant level of support had been provided by the Department of Education to the troubled GTCNI, and I recognise the hard work that was undertaken by a small team of departmental officials in that regard. The Education Department also advised that an independent council effectiveness review was under way.

    OFFICIAL REPORT, 2022-02-22 · READ THE OFFICIAL RECORD

  5. As I have mentioned, the Education Committee has engaged in scrutiny of the GTCNI for some time and approves of the Education Minister's decision to take action to dissolve it. The GTCNI has repeatedly been in special measures due to long-standing issues, and the Committee heeded the warning of the Northern Ireland Teachers Council, engaged with the GTCNI chief executive and the Department of Education in relation to these matters. <BR /> <BR />Complete reform is obviously needed, as is a remedy of the Education Department's shortcomings in the legislative underpinning of the organisation. A gap in the statutory vires of the GTCNI has been long-standing, and there should be no further delay in addressing that failure of governance.

    OFFICIAL REPORT, 2022-02-22 · READ THE OFFICIAL RECORD

  6. By introducing the Bill, with its single focus on amending article 101 of the Education and Libraries (Northern Ireland) Order 1986, the GTCNI will be included on that list. On behalf of the Education Committee, that is why it supports the accelerated passage of the General Teaching Council (Directions) Bill, which will bring us one step closer to implementing the tangible change needed for the GTCNI to provide a responsible and representative professional body that works in the best interests of education in Northern Ireland.

    OFFICIAL REPORT, 2022-02-22 · READ THE OFFICIAL RECORD

  7. It is vital that such an organisation can be competent and professional in exercising a comprehensive range of functions in respect of the registration of teachers, teacher misconduct and the safeguarding of children and young people. In due course, the Department will have to bring a package of legislative measures to redraw the new or revised entity and provide it with a full range of appropriate powers and sanctions. The Committee understands that this will take some time and urges that it be done without delay. <BR /> <BR />The Bill represents a simple and immediate measure. Currently, the GTCNI is not listed among the arm's-length bodies that the Department of Education has a power to direct.

    OFFICIAL REPORT, 2022-02-22 · READ THE OFFICIAL RECORD

  8. In March 2021, the Committee for Education received briefings from the chief executive of the GTCNI and the Department of Education. Additionally, in late May 2021, the Committee heard from the council's chair, vice chair and chief executive. The briefings revealed fundamental disharmony on matters regarding the council's composition and powers, the Department of Education's role with regard to the GTCNI and a pathway out of special measures and into transformation. Recent media coverage of the GTCNI highlighted inquiries into bullying in 2019 and 2021. <BR /> <BR />In this matter, the Committee's primary focus is the creation of a GTC or equivalent organisation that is of service to the teaching profession in Northern Ireland.

    OFFICIAL REPORT, 2022-02-22 · READ THE OFFICIAL RECORD

  9. The Committee recognised that a complete reform of the organisation might be necessary. It also urged the Department to remedy shortcomings in its legislative underpinning of the organisation.

    OFFICIAL REPORT, 2022-02-22 · READ THE OFFICIAL RECORD

  10. The Minister then attended the Committee on 1 February, where she answered questions and advised of her wish to use accelerated passage in legislating to strengthen the Department's position in relation to the dissolution of GTCNI. <BR /> <BR />The General Teaching Council NI is the independent regulatory body for the teaching profession, and, unfortunately, its interactions with the Education Committee over the past number of years has not been to represent success. GTCNI has repeatedly been in special measures due to long-standing issues with internal governance. The Committee was alerted to serious concerns about deep dysfunction by the Northern Ireland Teachers Council and engaged with GTCNI's chief executive and the Department of Education to urge resolution and a constructive way forward.

    OFFICIAL REPORT, 2022-02-22 · READ THE OFFICIAL RECORD

  11. I will start by reiterating my thoughts and prayers for the family of Chris Stalford and, indeed, extending my sincere condolences to the Education Minister on the passing of her close friend and offering my ongoing support to her at this difficult time. <BR /> <BR />The Education Committee has engaged in the scrutiny of the General Teaching Council for some time. The Committee was so concerned that it approved the Minister's decision to take action and dissolve the General Teaching Council in December 2021. In January, the Minister briefed the Deputy Chair of the Committee, Pat Sheehan MLA, and me on her intention to bring forward the Bill.

    OFFICIAL REPORT, 2022-02-22 · READ THE OFFICIAL RECORD

  12. Christopher loved his family with all his heart, soul and spirit. They were his everything. My heartfelt thoughts and prayers, and any support that I can give them, are with them at this time.

    OFFICIAL REPORT, 2022-02-21 · READ THE OFFICIAL RECORD

  13. I first met Christopher 20 years ago when we served on Queen's University's student council together, with Mary Durkan and others, as has been mentioned. He was one of the few young men on a student council to wear a pinstriped suit. He knew every standing order inside out and A to Z. He was, as his colleagues have said, a born parliamentarian. He took to the roles of councillor, MLA and Principal Deputy Speaker of the Assembly like a duck to water. We debated robustly. I will forever see him on these Benches advocating with skill and animation, and, at times, daring to take a stand on his convictions whether or not they were entirely in line with those of all his colleagues. <BR /> <BR />Most importantly, though, we spoke with humanity in private frequently, more often than not about our families.

    OFFICIAL REPORT, 2022-02-21 · READ THE OFFICIAL RECORD

  14. May that love and Christian faith comfort you at this time and allow you to feel Christopher with you always.

    OFFICIAL REPORT, 2022-02-21 · READ THE OFFICIAL RECORD

  15. On behalf of the Alliance Party, myself and my family, who met Christopher on a number of occasions and held him in the highest regard, I extend my sincerest condolences and heartfelt sympathy to Christopher's wife, Laura, his children, his mother, all his family and the wider DUP family, at this time of unimaginable grief and loss. Your husband, dad, son and brother talked about you so very often and loved you all so very much. His enduring legacy will be one of love for his family, service to his community, and, as others have said, faith in his God.

    OFFICIAL REPORT, 2022-02-21 · READ THE OFFICIAL RECORD

  16. Association football empowers children and adults of all backgrounds at all levels across Northern Ireland in some of the most chronically underfunded facilities in our community. It is absolutely devastating to hear of this complication. It is 11 years since the process was announced, and there have been three DUP and two Sinn Féin Ministers since then. Will the Minister commit to doing all that she can to find a way to unlock that vital funding for our community in this mandate?

    OFFICIAL REPORT, 2022-02-14 · READ THE OFFICIAL RECORD

  17. <BR /> <BR />Some matters will need further review, such as the operation of that funded second year of preschool and, indeed, special educational needs provision, but we welcome the provisions that have been made in the Bill for in-depth, expert review of those matters. I therefore thank the Minister and officials for the opportunity to work together on this important matter. We do not always agree on everything, but I hope that the next Assembly will see more examples of this positive endeavour on behalf of families in Northern Ireland. <BR /> <BR />In closing, I pay tribute to Belfast Mum, TinyLife and Early Years, who led much of the campaigning and informing on this vital issue.

    OFFICIAL REPORT, 2022-02-14 · READ THE OFFICIAL RECORD

  18. <BR /> <BR />The new law to permit a deferred school start for children born in April, May or June or, we hope, further to Further Consideration Stage, prematurely, is overdue, but it is the right thing to do. It is significant legislative reform that will provide children born in those circumstances with the option to defer their school start age to help their education and developmental pathway. It is a good example of how an Education Minister, an Education Committee Chair, Deputy Chair, Committee members and key stakeholders can work together to deliver law that will make a positive difference to the lives of children and families in Northern Ireland.

    OFFICIAL REPORT, 2022-02-14 · READ THE OFFICIAL RECORD

  19. For those reasons, the Education Committee has played a constructive role to progress the Bill by engaging with the Minister, departmental officials and key stakeholders and by making proposals for amendments that would enhance provisions in the Bill, such as the inclusion of prematurity as a ground for deferred school start age. <BR /> <BR />We look forward to debating that amendment at Further Consideration Stage, and also the legislative duty to review the operation of the legislation and to report to the Assembly on the effectiveness of its provisions. As such, we welcome the amendment in that regard that is being proposed today.

    OFFICIAL REPORT, 2022-02-14 · READ THE OFFICIAL RECORD

  20. I thank the Minister for her remarks. The Education Committee has supported deferred school starting age for a considerable number of years and, as such, welcomes progress on this important provision. <BR /> <BR />I raised the matter of deferred school start age in my first-day meeting with Education Minister McIlveen, and I welcome the work that she has done to achieve the provision before the end of the mandate. The Education Committee accepted that an exceptional and accelerated approach would be the only way to achieve the legislative reform in this mandate.

    OFFICIAL REPORT, 2022-02-14 · READ THE OFFICIAL RECORD

  21. I thank the Member for giving way. He acknowledges that this is going through by accelerated passage, and I presume that he is not suggesting that we take eight years to deliver every piece of legislation in Northern Ireland.

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  22. Scheduling is heavy, and priorities are many, but I am reassured that many Members in the House are in no doubt about the opportunity presented by the Bill to implement tangible change for children and families across Northern Ireland. <BR /> <BR />This is an opportunity that we ought to take today, and I believe that the School Age Bill can contribute to the broader objective of delivering equality of opportunity to the lives of children across Northern Ireland.

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  23. Consequently, while the flexibility for school starting age may be available, it could be unaffordable for many families if their decision cannot be accommodated through appropriately funded pre-schooling. The Education Committee has accordingly asked the Minister to add a review mechanism to the Bill so that such matters may be addressed in legislation in the next mandate. <BR /> <BR />This is a first step for reform, and the Committee supports the implementation of the Bill as a priority in the current mandate. I believe that I speak confidently that that view will be shared across the Assembly today. <BR /> <BR />We have obviously reached a critical stage in the timeline of this electoral mandate.

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  24. Whilst the group, as a whole, was supportive of that policy and the enactment of legislation within this mandate, a number of concerns were outlined around premature births, children with special educational needs and multiple-birth children. Stakeholders outlined their concerns about the impact of the proposal on those children if they fell outside the threshold of a birthday between April and July. <BR /> <BR />As Chairperson, I requested that provision be made in the Bill for a robust review system to allow for further changes at a future date, as well as raising questions about the decision to restrict funded preschool places to one year, whereas neighbouring jurisdictions have provided two years' funded preschool places in certain circumstances.

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  25. <BR /> <BR />The need for a flexible school starting age to address those concerns and imbalances has been clear for considerable time. The support for a policy that addresses those matters has been highlighted by the Department of Education's public consultation. Committee members were briefed on those findings, which revealed that approximately 90% of respondents expressed agreement on a flexible school starting age in Northern Ireland. The Committee welcomed views from Tiny Life, early years practitioners and parents at an informal meeting on 14 December on the Department's proposals to allow flexibility on the school starting age.

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  26. <BR /> <BR />The youngest children in classes across Northern Ireland have been over-represented in referrals to the Educational Psychology Service, and primary-school teachers in this country have been more likely to identify behavioural challenges in children with May and June birthdays. Subsequently, that group's attainment in literacy has been below average. One of the more concerning findings that was revealed in the Assembly's Research and Information Service paper suggested that the youngest children in a year group can be less developed cognitively, socially and emotionally than their older classmates, and, as a result, the youngest are up to 1·4 times more likely to be diagnosed with ADHD and 1·3 times more likely to be diagnosed with depression.

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  27. The Education Committee has supported the introduction of greater flexibility on school starting age in Northern Ireland for a number of years. While the School Age Bill presents a more narrow reform of school starting age than most Education Committee members would wish to see, there is a real, urgent need for families to be able to access that flexibility. <BR /> <BR />The Education Committee supports the School Age Bill after a number of briefings and sessions that it held throughout 2021 on the subject of a flexible school starting age and receipt from the Assembly's Research and Information Service of thorough and comprehensive research, which details extensively the potential gap in attainment between summer-born children and others.

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  28. I thank the Member for giving way briefly. He made reference to the fact that the legislation fell in 2014 owing to its proximity to the scheduled election in 2015. Does he agree that that is evidence of how important it is for the Assembly to progress as much legislation as it possibly can before the end of this mandate in advance of the scheduled election?

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  29. <BR /> <BR />I acknowledge that some people may feel that the Bill does not go far enough, but I think that it is worthwhile to deliver in this Assembly mandate a reform to permit the opportunity to defer school starting age for children with April, May and June birthdays. Indeed, this afternoon, we have seen delivery on organ donation and the Charities Bill and will now see delivery on school starting age, albeit with the use of accelerated passage, which shows what we can achieve when we work together.

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  30. Approval was given for accelerated passage of the Bill, due to the length of time that it has taken to introduce and to give the opportunity for modest flexibility to some children from next year. <BR /> <BR />Speaking as an Alliance MLA, I pay tribute to Belfast Mum, TinyLife and Early Years, who have led much of the campaigning on the issue. I have sought to raise the matter with consecutive Education Ministers at every opportunity. I thank the Education Minister for giving us the opportunity to see this modest reform and for the priority that she has given to the issue.

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  31. The Committee received an oral briefing from departmental officials in December 2021 that outlined a summary of their findings from the public consultation conducted earlier in the year. The findings, as the Education Minister has stated, were clear: almost 90% of respondents were in some form of agreement with the proposals to introduce more flexibility to school starting age. The Committee consolidated that briefing with an informal meeting on 14 December with stakeholders from TinyLife and Early Years and vital input from concerned parents on the matter. The journey is not over for those campaigners, but they were in favour of the Bill as a first step on the path to school starting age reform. <BR /> <BR />The Education Committee welcomed the Education Minister to a Committee meeting on 19 January.

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  32. They have expressed deep concern about the age and stage at which children are required to start school in Northern Ireland and whether they will be adversely affected by starting school early at a crucial stage of their development. <BR /> <BR />Ahead of the Department of Education's public consultation on flexible school starting age in June 2021, the Committee for Education received an oral briefing from departmental officials as well as an oral briefing from the Assembly's Research and Information Service. As ever, the research was thorough and comprehensive and informed members of the existing policy on and practice of flexible school starting ages in the UK and other jurisdictions.

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  33. The Education Committee has, for a number of years, supported the introduction of greater flexibility for school starting age in Northern Ireland. The School Age Bill is a narrower reform of school starting age than many Education Committee members would wish to see. However, the Committee gave its approval for accelerated passage of the Bill at its meeting on 19 January, as the need for families to access this modest flexibility is long overdue. I thank the Education Minister for taking the proposal forward. <BR /> <BR />I pay tribute to the parents and organisations who have led and continue to lead the campaign for school starting age reform in Northern Ireland. The Education Committee has received a significant amount of correspondence from individuals and organisations about school starting age.

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  34. I ask the Minister for animal welfare what action he is taking to eradicate organised dog fighting in Northern Ireland.

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  35. What action has the Environment Minister taken to improve air quality in east Belfast and across Northern Ireland?

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  36. It really puts into stark contrast comments from the likes of the DUP's Nelson McCausland, who stated boldly that he would not care what situation he faced, as long as he was out of Europe. <BR /> <BR />What have the costs been to date of the legal advice that the Minister has sought on withdrawing staff from checks at ports?

    OFFICIAL REPORT, 2022-02-08 · READ THE OFFICIAL RECORD

  37. Does the Minister of Justice agree that the UK Government's legacy proposals represent a retrograde step on the Stormont House Agreement and that a comprehensive mechanism will be necessary for justice, information recovery and reconciliation to be delivered for all in Northern Ireland?

    OFFICIAL REPORT, 2022-02-07 · READ THE OFFICIAL RECORD

  38. Report after report refers to the post-primary transfer process in Northern Ireland as systemic inequality. I encourage anyone who believes that the post-primary transfer process in our education system must be reformed to make their views known to the independent review of education and anyone who wishes to see that reform implemented to vote for an Education Minister who will deliver it.

    OFFICIAL REPORT, 2022-02-07 · READ THE OFFICIAL RECORD

  39. I begin by expressing my condolences to the family of Eileen Harding, who passed away following a serious collision in east Belfast. <BR /> <BR />Following the post-primary transfer test results being issued at the weekend, Angeline King posted on Twitter asking the Executive to explain to her 10-year-old daughter why we have a post-primary transfer process from the past. Angeline's daughter asked why, as a result of that anachronistic, unnecessary and unfair process, she has no option of accessing an integrated school in her area. I cannot explain it. I feel the hurt and agree with the questions that she asks. <BR /> <BR />The Assembly voted by a majority to end the use of academic criteria for admission to publicly funded post-primary schools in Northern Ireland.

    OFFICIAL REPORT, 2022-02-07 · READ THE OFFICIAL RECORD

  40. I hope that the DUP is listening to that plea. It is my privilege to deliver it on behalf of the victims and survivors.

    OFFICIAL REPORT, 2022-02-07 · READ THE OFFICIAL RECORD

  41. The impact of the resignation of the First Minister is potentially far-reaching. It is already being felt by the most vulnerable in our community, including the victims and survivors of historical institutional abuse, with whom it has been my privilege to work for over 10 years. To jeopardise in any way the apology due to victims and survivors of historical institutional abuse is a gross, cruel and unacceptable abdication of responsibility. <BR /> <BR />I have spoken to Margaret McGuckin, chairperson of Survivors and Victims of Institutional Abuse, and the resignation is causing significant hurt and concern. I asked Margaret what the scheduled apology meant to the victims and survivors of historical institutional abuse. Margaret said:

    OFFICIAL REPORT, 2022-02-07 · READ THE OFFICIAL RECORD

  42. Will the Education Minister give an update on progress on the integrated and shared education Fresh Start capital expenditure.

    OFFICIAL REPORT, 2022-01-25 · READ THE OFFICIAL RECORD

  43. I thank the Member for giving way briefly. Does she acknowledge that many of the parties in the House have frequently supported mandatory and standardised initial teacher training in many other areas of provision, such as autism and restraint and seclusion?

    OFFICIAL REPORT, 2022-01-19 · READ THE OFFICIAL RECORD

  44. I thank the Member for giving way, and I will say this as calmly as I can. The vision and policies of my colleagues and I have been misrepresented frequently, often with quite grave consequences, to be serious about it. I will not allow Mr Stalford or any of his colleagues to misrepresent me on my respect for all educators in schools across Northern Ireland and particularly in East Belfast, the constituency that I am proud to represent. At no point have I ever said, nor does the Bill provide, that controlled, maintained or any other type of school cannot contribute to the building of a more united community in Northern Ireland. This is but one way of doing so, and I am grateful for the opportunity to correct the scurrilous misrepresentation that I would ever say otherwise.

    OFFICIAL REPORT, 2022-01-19 · READ THE OFFICIAL RECORD

  45. I thank the Member for giving way. The Member for South Belfast queries the inclusion of targets in the Bill. The tackling paramilitarism strategy, adopted by the Northern Ireland Executive, includes a recommendation on specific measurable targets for the reduction of segregation in education. Are we now saying that we do not accept the recommendations of that Executive strategy and that they, therefore, cannot be provided for in other provisions?

    OFFICIAL REPORT, 2022-01-19 · READ THE OFFICIAL RECORD

  46. I thank the Member for giving way. He makes the case that it is a probing amendment, but the proposal in the amendment is to remove provisions from the Bill. I am not entirely sure how that is a probing amendment. <BR /> <BR />I also seek clarification of why the SDLP would not wish to see provision for the encouragement and enhancement of coordination and collaboration between public bodies and, indeed, users of integrated education in its provision.

    OFFICIAL REPORT, 2022-01-19 · READ THE OFFICIAL RECORD

  47. Having considered the appropriateness of a higher degree of Assembly scrutiny in the exercising of the powers in the Bill, the Education Committee agreed that it was advisable for the Assembly to amend the Bill to ensure that statutory rules are scrutinised by the draft affirmative procedure. The Committee ascertained from the Bill sponsor the view that that was a precautionary drafting safety net to account for any unforeseen consequential impacts of the Bill. Accordingly, the Committee agreed to request a draft amendment to remove the power to amend primary legislation. Amendment No 56 combines those actions by removing clause 10(3) and (4) regarding negative resolution and by providing for appropriate regulation making, and scrutiny thereof, by the draft affirmative procedure.

    OFFICIAL REPORT, 2022-01-19 · READ THE OFFICIAL RECORD

  48. A statutory rule (SR) that is subject to the negative resolution procedure is made by the rule-making body, which is often the Department, and laid before the Assembly. It will have effect when it comes into force, when the relevant date is reached. It can be annulled by resolution of the Assembly. <BR /> <BR />At the other end of the scale of scrutiny, a statutory rule that is subject to the draft affirmative procedure is laid, in draft, before the Assembly by the Department. It may not be made unless, and until, affirmed by a resolution of the Assembly.

    OFFICIAL REPORT, 2022-01-19 · READ THE OFFICIAL RECORD

  49. "Northern Ireland legislation" is not defined in the Bill, but it is defined in the Interpretation Act (Northern Ireland) 1954, which applies to the Bill. <BR /> <BR />That the powers include a power to amend primary legislation is a significant delegation of power from the Assembly to the Executive, given that subordinate legislation before the Assembly is not subject to amendment by the Assembly. The Examiner assisted the Education Committee in considering whether, in every case, the exercising by the Department of those powers to make legislation, particularly the power provided for in clause 10(3) to amend primary legislation, would be subject to an appropriate level of Assembly scrutiny, in the form of the negative resolution procedure.

    OFFICIAL REPORT, 2022-01-19 · READ THE OFFICIAL RECORD

  50. We are very appreciative of that assistance. The ESR provided written advice and attended the Committee to advise on and check our understanding. <BR /> <BR />The Bill contains a number of powers, each delegated to the Department, under which subordinate legislation might be made. Clause 10(4) provides that those powers be subject to negative resolution. Clause 10(3) provides that regulations under clause 10:

    OFFICIAL REPORT, 2022-01-19 · READ THE OFFICIAL RECORD