Dolores Kelly
Upper Bann · Social Democratic and Labour Party · Northern Ireland
“The legislation is only as good as its enforcement. It will be enabled by the sentences that judges and others may hand down, by cultural shifts and by changes in behaviour because of the penalties in place as a consequence. <BR /> <BR />We need to do much more with cybercrime units. We need proper resources for them.”
“It also covers the background to the Good Friday Agreement and the creation of this Assembly, as well as subsequent political negotiations over the years. The major figures and events over the past 100 years have been reflected in a way that ensures that all political perspectives of the Assembly are reflected.”
“I thank the Member for his question. An update on the current COVID-19 health and safety measures was issued to all users of Parliament Buildings on 1 March 2022. The update set out the current arrangements for ensuring the continuing safety of everyone in the Building.”
“I thank the Member for his question. I am pleased to inform him that the review of the display of artefacts is at a very advanced stage. The Member may have seen the letter that the Speaker issued on behalf of the Assembly Commission earlier today.”
“<BR /> <BR />As a member of the Policing Board, I receive updates on a regular basis from the National Crime Agency (NCA), which has determined that between 16,000 and 23,000 children and young people are at risk from sexual offences and grooming online. Those are horrendous figures, and that must be a nightmare scenario for any family.”
“Thank you for your answer, Minister. You rightly outlined a lot of medical and therapeutic interventions, but many children are suffering post-traumatic stress-type symptoms or, indeed, social isolation as a consequence of COVID.”
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“Minister, can you give us any information on whether there are any more unexpected spending pressures relating to unresolved issues from the three years of Stormont hiatus?”
“Will the Minister consider the fact that our classroom sizes are the highest across these islands? What measures can he introduce through the review to address that?”
“I thank the Member for giving way. Does she agree that the stress and anxiety lead to poor mental health among those who are waiting to be able to be a parent and therefore that should also be taken into account?”
“Minister, you will be aware that other areas have flooded extensively over the past number of years and some of that flooding has impacted on the local fishing community around Lough Neagh. Will any consideration be given to other industries, such as the fishing industry?”
“May I come back to the Member on that point? The Commission hopes to meet at some time tomorrow or next week, and we will come back to the Member and the House on that point. Those are important functions that we need to ensure are followed through on. If his nomination is accepted today, we will see what ramifications it has for other staff in the ombudsman's office. <BR /> <BR />The ombudsman is appointed, as is any acting ombudsman, by Her Majesty The Queen on the nomination of the Assembly. Members, today, on behalf of the Assembly Commission, I seek the Assembly's nomination of Paul McFadden as the acting Public Services Ombudsman for a maximum period up to 15 July 2020. I ask the Assembly to agree his nomination.”
“— until 15 July 2020, whatever comes sooner. I will give way.”
“Paul joined the ombudsman's office from the Scottish Public Services Ombudsman, where he was a member of the senior management team for seven years. He established and headed up the Complaints Standards Authority, implementing a streamlined and improved complaints-handling framework across all of Scotland's public bodies. Paul previously helped to establish the independent Police Complaints Commissioner for Scotland in 2007, holding senior management responsibility for police complaints investigations. <BR /> <BR />The Assembly Commission is confident that Mr McFadden will be able to ensure that the important functions of the office of ombudsman can continue to be exercised effectively. He has agreed that, subject to nomination by the Assembly, he will fulfil the acting ombudsman's role until a successor ombudsman is appointed or —”
“<BR /> <BR />At its meeting on 5 September 2019, the Assembly Commission identified the current deputy ombudsman, Mr Paul McFadden, as a suitable person to carry out the role of acting ombudsman. Members should note that the deputy ombudsman is not the same thing as the acting ombudsman. The role of deputy ombudsman is not a statutory role, whereas the role of acting ombudsman carries with it the range of legislative functions that are ordinarily carried out by the ombudsman. <BR /> <BR />Paul McFadden has been the deputy ombudsman for Northern Ireland for three and a half years, since his appointment in July 2016. As the most senior official in the absence of the ombudsman, he holds full administrative delegation of the ombudsman's responsibilities and has been the acting accounting officer since July 2017.”
“While that legislative solution was not put in place, the formation of the Executive on 11 January 2020 now means that the Assembly can once again undertake its nomination role as envisaged in the 2016 Act. <BR /> <BR />The benefit of nominating an acting ombudsman is that the important oversight functions of the ombudsman's office can be carried out by the acting ombudsman and, at the same time, the recruitment process for the ombudsman can progress. A situation such as this was envisaged by the 2016 Act. Members may wish to note that the nomination and subsequent appointment of an acting ombudsman can last only for the period up to 15 July 2020.”
“<BR /> <BR />In anticipation of Ms Anderson’s departure and as the Assembly was not sitting, the Assembly Commission agreed that it would be preferable to nominate a person to carry out the role of acting ombudsman and await the resumption of the Assembly to appoint an ombudsman for the seven-year term set out in the 2016 Act. The Assembly Commission, therefore, wrote to the then Secretary of State for Northern Ireland, in June 2019 to seek a legislative means at Westminster to allow for the appointment of an acting ombudsman. That would have ensured that the important oversight role that is carried out by the ombudsman did not lapse during the period when the Executive had not been formed and the Assembly was not sitting. Subsequently, the Assembly Commission likewise wrote to the current Secretary of State on the same basis.”
“The 2016 Act delegates responsibility for identifying a person to be nominated by the Assembly for the role of ombudsman to the Assembly Commission. The 2016 Act makes similar provisions for the nomination of a person to carry out the role of acting ombudsman in circumstances where the ombudsman is not in post. The previous ombudsman, Marie Anderson, was appointed as the Police Ombudsman for Northern Ireland on 16 July 2019. On her appointment as Police Ombudsman, Ms Anderson immediately ceased to be the Public Services Ombudsman. On behalf of the Commission, I take the opportunity to thank Ms Anderson on behalf of the Assembly for her distinguished and widely recognised work as ombudsman since April 2016.”
“As Members are aware, the Public Services Ombudsman Act 2016 established and made provision about the office of the Northern Ireland Public Services Ombudsman. The Assembly established the ombudsman’s office to carry out the important and effective function of ensuring that there was a free, independent and impartial service for handling complaints about public services in Northern Ireland. The Assembly Commission believes that it is important to ensure that that service can be delivered. The 2016 Act provides that the Northern Ireland Public Services Ombudsman is, by virtue of holding that office, the Northern Ireland Judicial Appointments Ombudsman and the Local Government Commissioner for Standards.”
“Thank you for your statement, Minister. Others referred to the Department for Infrastructure and its requirements. We know that, in recent years, there has been a significant shortfall in overall funding. Has any risk assessment been done of the impact on road safety of reductions to road gritting and street lighting? How does that feed into the deliberations about the allocation of funding? <BR /> <BR />Minister, I do not know whether you want to take the opportunity to let us know how you got on with the Treasury last week. Were you able to squeeze any money out of it or not?”
“We will see things differently, and we will have to articulate our viewpoints, but we should go from the base point of not poking each other in the eye. <BR /> <BR />My colleagues have thanked many who contributed to the organisation of the funeral service, but I place on record our party's gratitude to the Police Service for its contribution. They worked very hard over the weekend and today, on what was a bitterly cold day.”
“Our behaviour does not always inspire, but I found it very encouraging to hear people, including the archbishop, talking today about the noble vocation of politics. We should all take heart from that, because it is about service to the community. It was people like Séamus Mallon and that want to service and to help my neighbour that got me into politics, and I am sure that it is the same for many, if not all, of you. <BR /> <BR />All Members will recall from the recent past the terrible flags protest. One of the things that stood out for me was when Séamus Mallon chastised a lot of people by saying, "Stop poking each other in the eye". Perhaps, when we go to speak in the future or when we want to make a contribution, we will hear that voice and moderate our language. We will not always agree.”
“I join colleagues in thanking all of you who took time from your very busy diaries to attend Séamus's funeral service. It was very much appreciated. <BR /> <BR />Séamus was a man whom I was always delighted to listen to, because I never had to guess what he meant. I always knew exactly what he was saying. I am sure that many of us have been with politicians and other people and thought, "What did he really say? What did he mean by that?". You never had to worry about that. You got it straight, and I like straight talking. <BR /> <BR />We all know that Séamus liked a little flutter, and I hope that our ability to work together here in partnership, creating a legacy of peace, partnership and power-sharing, will prove wrong many of the pundits who seek to degrade politics every day.”
“I also congratulate the Minister on his appointment. I reiterate our party leader's commitment to working, and not playing party politics, with the portfolio that you carry and the heavy workload that you have. <BR /> <BR />Minister, in relation to the workforce strategy and, in particular, around the recruitment of, perhaps, mature students, will you commit to looking at best practice elsewhere? I understand that, in the South of Ireland, colleges of further education are used extensively, particularly for the training of mature students. <BR /> <BR />While there is terrific news for nurses, I believe that it must also include social care staff, because one cannot work without the other.”
“I join others in congratulating Minister Weir on his appointment as Education Minister. I welcome the inclusion of Carrick Primary School, which is in my constituency. The Minister may know that, whilst it is not a fully formally integrated school, it has a school population that broadly reflects the wider community in which it is geographically placed, and that is very welcome. <BR /> <BR />Minister, in your statement, you refer to investment in maintenance works, both capital and minor: have you, even at this early stage, any sense of how much that might be? Would you give any thought to looking at the process by which school principals can requisition some minor works, which does seem to be unduly cumbersome, bureaucratic and costly?”
“We select the Audit Committee and nominate Daniel McCrossan.”
“Thank you, Mr Speaker. We select the Department for the Economy and, as vice chair, Sinead McLaughlin.”
“Thank you, Mr Speaker. We select the Committee for the Executive Office, and I nominate Colin McGrath as Chair.”
“Mr Speaker, on behalf of the SDLP, it is my particular pleasure to nominate our party's deputy leader, Nichola Mallon, as Minister for Infrastructure.”
“So, Mr Speaker, thank you very much indeed, and, Mrs Cochrane, I certainly wish you well in your future.”
“Indeed, to all Members of the Assembly who have chosen not to stand again, I wish you well, particularly my good friends Alban Maginness and John Dallat, who will be sorely missed as contributors not only in the Chamber but to our Assembly parliamentary meetings. <BR /> <BR />I also wish Trevor, the Director General, well. He and I have travelled many roads together, from Craigavon council to the Policing Board to the Northern Ireland Assembly, and I wish him well in whatever he chooses to do in the future. I also hope that he relays my thanks to all the staff throughout the Building for all their efforts to make our jobs easier, because politics is a very tough game, and it helps when people are courteous, respectful, and you can rely on them to play their part in enabling you to fulfil your responsibilities as a Member of the Assembly.”
“I also congratulate Mrs Cochrane at Final Stage of the Licensing Bill. We had hoped to amend other licensing laws to drag them into the 21st century, but, no doubt, a future Assembly will look at them, given the loss to the coffers and their impact on the tourism trade. <BR /> <BR />It is fair to say that the Social Development Committee and, indeed, the House cooperated all along the way with Mrs Cochrane to ensure that the Bill would be concluded before the end of the mandate. It is an example of using common sense and a bit of a collaboration to provide what I hope is in the best interests of the people, particularly the service users of the stadia. <BR /> <BR />I, too, will use this opportunity to commend you, Mr Speaker, for your service. I wish you and your family every health and happiness in your retirement.”
“Land acquisition is one of the biggest obstacles identified by the Federation of Housing Associations in relation to social housing new build. Will the Minister advise not only what land is available for social housing in East Belfast but whether his Department or the Housing Executive will take strides to acquire land right across Belfast?”
“It shows a spectacular failure to deliver on that promise and that commitment. Let us hope that the next mandate will see parties who truly want to build a reconciled future being given a stronger hand. Some people stay at home and think that they cannot make a difference: the people who are staying at home are putting a lot of people in power here who want to vote against equality. I hope that people will be mindful of that when they go to the ballot box on 5 May.”
“We have seen abuse after abuse of petitions of concern, and it is probably fitting that, in the last days of this Assembly, we see yet another petition of concern that works against equality and against regulation to protect minorities' rights. It says a lot about what Mr Robinson said in November 2011:”
“Earlier, we were treated to a response from Minister Morrow on welfare regulations, and he said that the financial reins were not within our grasp. If we were to resolve the issue of a divided society and build a truly shared future, which we have spectacularly failed to do over the last five years, we would have an awful lot more money to put into the front-line public services that we want to see and more money to mitigate the worst excesses of Tory welfare reform. <BR /> <BR />I do not get it. I really do not get it, and I do not believe that Ms Cameron was truly passionate about her contribution at the start of the debate when she referred to the petition of concern.”
“I will answer. He says they made me mayor: my party was one of the main parties in Craigavon for over 40 years and, in two years, we got mayor. It was not the DUP but the Ulster Unionist Party that reached an agreement and a compromise and supported that. In fact, the then member of the Ulster Unionist Party who is now a Minister, Jonathan Bell, resigned when I got to be deputy mayor of Craigavon and went as an independent. I will take no lectures on the historical background of how I became mayor or deputy mayor of Craigavon. Mind you, the DUP should not chirp in so much about it: they did not get it very often either at one time. <BR /> <BR />It is those very things. There was a report last week about the cost of division in the North: £833 million.”
“<BR /> <BR />I do not know what people have to fear from equality. I served for over 17 and a half years in Craigavon. Mind you, it was no good example of how —”
“We tend to describe the communities in the North as the two main communities, but, thankfully, we have an increasingly diverse population right across the North, and these protections would protect them as much as any other minority community. The last thing that this party wants to see is a Balkanisation of the local authorities across the North. We warned that RPA was shaping up to draw an orange and green map of Northern Ireland. It is not necessarily just a protection of minorities meaning Catholic and Protestant or nationalist and unionist, but, in some councils, I suggest, it is about protecting those whose communities are seen to mostly favour one party or the other. It tends to be the parties in the ascendant and those that have the main reins of power on those councils.”
“I think that, in the same year, he made a speech in this very Chamber and said that this mandate ought to be about delivery. It is absolutely mind-boggling how, in an extended year of this mandate, we are having to deal with all the regulations around the review of public administration, which was a feature of the portfolio of the party opposite's Environment Minister for many years. Indeed, as I said earlier, the then Environment Minister, Arlene Foster, said that the regulations, in terms of protecting minority communities, were an essential part of the review of public administration.”
“This strengthens the hand of those who wish to implement good community relations across all 11 council areas. <BR /> <BR />Members, particularly those on the Benches opposite, may recall the then party leader Mr Robinson saying to his party conference in November 2011:”
“I have a different interpretation. I was going on to say that all councils have a statutory responsibility to promote good community relations. Therefore, I think that that ought to have been the protection that could and ought to have been used in relation to the naming of McCreesh Park. Furthermore, I think that I am right in saying that, in the media last week, there was a call-in from Antrim and Newtownabbey council around funding bonfires. What is happening around some of them is disenfranchising one part of the community because some of the activities around bonfires are clearly not designed to promote good community relations. So, I believe that there ought to be a real sense of responsibility by local authorities around that particular statutory obligation.”
“I have to come back to the point about the equality schemes. It is not just equality schemes; they are informed by equality legislation and guidance on a plethora of responsibilities that fall to local councils. So, they are not that diverse. Therefore, one in particular in relation to McCreesh Park, which Mr Weir has conceded could have been protected against if the regulations had been in place —”
“On the very subject of McCreesh Park and that bad and flawed decision, does the Member agree that these very regulations would prevent such a situation from happening?”
“I thank the Member for giving way. Does he agree that, in the absence of the regulations, there is a real risk that each council will interpret the legislation differently? What we will have are councils operating their own structure and inequalities, and a postcode lottery for minority groups right across the North.”
“I thank the Member for giving way. <BR /> <BR />This really goes to the heart of why some of us were quite reluctant to give additional powers to local councils. We have seen the abuse of power so often in the past on local authorities — for example, on funding for some groups. It was Arlene Foster, in fact, who said that these protections were critical to the review of public administration legislation when she was Minister of the Environment. Is the Member, like me, at a loss to understand why the DUP would not only vote against the regulations but put down a petition of concern?”
“That is all very well, but, over here in the North, we have not had the same success with our economy as has been enjoyed elsewhere in these islands. We do not have those well-paid jobs, and many people are still trapped in the benefits system. I make a special plea to the Minister in relation to further cuts are coming down the track.”
“Will the Minister commit to writing to point out that, at the very least and as a starting point, there should be exemptions for chronic and enduring conditions that are life-limiting and for which there are no miracle cures? I seek that commitment from the Minister. <BR /> <BR />I thank the Minister and others for the opportunity to speak today, but, again, there is a lot of uncertainty. We are coming to the end of the mandate, and too much time has passed to reassure people that they will be able to continue with the income receipts that they currently enjoy and about how time-limited it will be. These are some of the first questions that people will ask. We all know that the Tories talk about having to make work pay.”
“Those of us who have represented people at appeals know about the stress that affects individuals who have to appear before such appeal panels. They are made to feel as if they have a begging bowl out. They have to prove before that panel the level of the disability that they have and the pain that they endure.”
“The legislation does not have to come before this House for detailed scrutiny. Before the Minister leaves office, will he write to the Department for Work and Pensions and Mr Osborne to look for some exemptions from whatever they are going to do? Thousands of people who have to cope with a devastating prognosis and diagnosis around chronic and enduring conditions will never get better. Let us face it: people with MS or Parkinson's disease, those who have been left with debilitating conditions after a stroke, people who have learning disabilities and people who have chronic mental ill health, including psychotic-type illnesses, will never have the full lives that we would hope that they would have. They have to cope with a devastating prognosis for the rest of their life.”
“People will pick up on the debate today on the regulations and on the announcement by George Osborne on his future proposals in relation to DLA and PIPs. A lot of people are concerned. I hope that the Minister has plans in place for front-line staff to be trained. When we recently met senior staff at the Housing Executive, there was a great deal of uncertainty and grey areas on just how they were all going to be rolled out. As far as possible, we want to allay people's anxieties and concerns. <BR /> <BR />One of the big concerns in the news today is the fact that there is to be more strenuous testing in the move to PIPs from DLA. Sinn Féin can make no commitment on any future proposals or reforms that the Tories will introduce because they have been gifted that power by the DUP and Sinn Féin.”
“As you know, Mr Speaker, they were petitioned against by the DUP and Sinn Féin, so one wonders what the last year or so has been about, apart from further delay and uncertainty. <BR /> <BR />Last week, the Minister's Department gave a very good presentation to the Social Development Committee about how it would inform people. It took on board some of the concerns of members in terms of the communication, the telephone number and how it will communicate, in particular, with people with visual impairments. I look forward to those considered comments being reflected in the final communication strategy. People are already coming to our constituency offices with concerns about discretionary payments and housing benefit.”
“The final note from Mr Maskey was about empty rhetoric making for empty purses. One of his latter comments was that they could make no further commitment on any future welfare cuts. That is a far cry from the rhetoric of Mr Adams, his party leader, when he said that no current or future claimant would be adversely affected by welfare cuts. If they want to look for empty rhetoric, they do not have far to look. <BR /> <BR />In relation to the regulations, we in the SDLP are pleased that many of the recommendations contained in the Evason report reflected the amendments that were tabled by our party and others to mitigate the worst excesses of the welfare proposals. We are pleased that they have been largely adopted.”
“I note the Minister's apology at the start of the statement, but it is not good enough that there were not enough statements for Members of the House to have an opportunity to read. Certainly, the timeliness was woeful. <BR /> <BR />That being said, the Minister referred to a £6·7 billion necessity to catch up on maintenance and to meet the demands of new build. He refers to the cost of administration and the possible duplication of £40 million between the Department and, indeed, the Housing Executive administration cost of £33 million. That falls far short of the need. As well as other suggestions or solutions that the Minister and his Department have for how that shortfall might be met, I wonder whether the European Investment Bank might be one resource to tap into.”
“As a fellow constituency representative, the Minister knows about the particular difficulties of St Ronan's College in Lurgan and the campus being split over three sites. What is the situation with the new build for St Ronan's? Will the Minister also update me on the new build at Lismore Comprehensive School?”
“If it helps, Mr Deputy Speaker, because many people are worried about the increase in alcohol consumption in society, I spoke recently to Addiction NI. The statistics that it has show that the greatest increase in alcohol addiction is actually in the over-50s, drinking at home. Addiction NI now holds stalls to educate and give people information outside the off-licences within major supermarkets. So we need to get a reality check in terms of where many of the problems actually lie these days. They are not necessarily about the family, or the person, going out to enjoy an afternoon of sport or whatever other event might be held within a stadium. <BR /> <BR />I finish by saying that my party supports the amendments but regrets that a private Member has had to bring forward such legislation.”
“I agree entirely with the Member. The view was expressed by a number of consultees that you could not have that in the Bill, but it is about being good neighbours. I must say that I was surprised at the attitude of the PSNI when they gave their response to the Bill at Committee. It seems to me that they, along with others, should be policing the antisocial behaviour outside the venue quite robustly. It is not always down to the management of the pubs, clubs or stadia to ensure that happens. I am a strong supporter of the management committee living up to the expectations and commitments given.”