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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“I thank the deputy First Minister for his statement. Were any specific measures discussed or opportunities identified for EU funding to provide better high-end job opportunities and real employment opportunities and/or training for our young people to address the high levels of youth unemployment across the island?”
“I thank the Member for giving way. Will he acknowledge that there is evidence that some murders could have been prevented had the security services not allowed agents to get up to acts, including murder?”
“In my party, we have colleagues also hurting. Councillor Denise Fox's own father, Denis Mullen, was murdered by the Glenanne gang. He was one of 120 people thought to have been murdered who were named in that excellent investigative report by Anne Cadwallader, 'Lethal Allies'. So it is very clear that the truth about the scale and nature of what happened in our past must come out so that people who are building up themselves and their colleagues as heroes have a lot of explaining to do as to why they took the route of violence. The SDLP has always been a peaceful, constitutional party and it has never explained away the requirement for violence, unlike others who, once again today, are attempting to rewrite history.”
“So, it is not just about meeting the needs of victims; it is about trying to build reconciliation and telling the truth about the past, because a lot of people are very keen to rewrite history and their role in it. Ms Ruane demonstrated that most eloquently when she failed to mention the Jean McConvilles or Caroline Morelands of this world.”
“Having listened to some of the contributions today, I can understand why the Secretary of State said that. <BR /> <BR />The SDLP is very clear that all of the truth must come out. Certainly, many people are not going to get justice, and many victims and their families are reconciled to that fact, but they want to know how it happened and why it happened. I do not know of any other western democracy where state-sponsored killings and collusion would be allowed on such a scale without an outcry in the Parliament of that nation. <BR /> <BR />It is regrettable that the responsibilities and vested interests have taken primacy over the needs of the victims and survivors and even, I think, Mr Speaker, arguably, of society in trying to reconcile the people on the island and between these islands.”
“Thank you, Mr Speaker. I agree entirely with my colleague's comments. It is regrettable that both contributors thus far have underscored the concerns raised in the Secretary of State's "Moving politics forward" speech of April 2014. In that speech, she said that there was:”
“He fails to recognise the evidence compiled in report after report, from Stevens and Stalker/Samson to the Police Ombudsman and numerous others, that point to systematic collusion. I understand that there is a further documentary tonight on RTÉ, on which former head of Special Branch Mr Raymond White will be saying that he raised the handling of agents with the then Prime Minister, Margaret Thatcher. He, very clearly, is firing a shot across the bow of those who would reveal the truth and is saying that he will not go down on his own in relation to how high up and how systematic the collusion was in respect of state-sponsored killings.”
“She almost airbrushed, certainly from her memory, the contribution made on 'Panorama' by Shauna Moreland, who spoke from the heart and very eloquently said what it meant to her to lose her mother at such a young age. She also spoke of the travesty of justice and of trying to remain in such a community where, as the daughter of an alleged informer, you are at the bottom of the pile. Ms Ruane has said that there should not be a hierarchy of victims, but, in her contribution, she created the hierarchy by confining and restraining her remarks to finger-pointing at the collusion that existed elsewhere. <BR /> <BR />I also have to take exception to Mr Poots's contribution.”
“Ms Ruane commenced her speech by saying that we should be mindful of the fact that people are still hurting and grieving, that there are many victims out there and that it is very regrettable that, 17 years on from the signing of the Good Friday Agreement, commitments made to victims have yet to be fully realised in their search for truth and justice. Unfortunately, however, Ms Ruane went on to say that she was confining this debate to the evident collusion, described in the 'Panorama' programme, between the British security services, the RUC and loyalist/unionist paramilitaries, and she failed, utterly, to recognise the collusion that existed between republicans and the security services.”
“I listened carefully to what the Minister had to say. There is no doubt that there have been some achievements. Nonetheless, Minister, would you not acknowledge that we are in a housing crisis and have been for some time? To compare us with GB is to compare one crisis with another. Did you give further thought in your review of the Housing Executive to whether it would be able to put in a submission to the European Investment Bank to build houses again?”
“Minister, do you share my concern that many women who have experienced domestic violence at the hands of former paramilitaries feel coerced into silence because they are being told, by other paramilitaries in their community, that if they report the crime to the police, it will have an impact on the early release that many of them are subject to? Therefore, Minister, will you undertake to write to the Secretary of State to clarify whether a conviction of domestic abuse would put their early release under threat?”
“In light of the refusal of the British Government to include Kincora in the Historical Institutional Abuse Inquiry, what way forward or action has OFMDFM planned to take to have Kincora included? Has it had any discussions with the Historical Institutional Abuse Inquiry that is being held here?”
“<BR /> <BR />I conclude by saying that, having listened to the Minister in relation to amendment No 6 and the reassurances that he has given around the guidance on prosecutorial fines, with the leave of the Assembly, I will withdraw amendment No 6.”
“<BR /> <BR />I know that Members are anxious to get through the rest of the amendments, so I am sure that they will not mind if I do not mention them all by name, but just to say thank you all very much indeed for your contribution. I have said that the amendments broadly protect victims and witnesses of crime and should reassure the public that the concerns that they have raised with us as individual Assembly Members or collectively through campaigns and lobbying over the last number of years have been listened to and action has been taken. So, I am not going to repeat or rehash much of what people have said. It is a matter of record, and others will be able to research Hansard if they want to have a look at a particular individual's contribution.”
“I would have absolutely no difficulty with that. I would be very pleased to liaise directly with those organisations but, in relation to that particular amendment, I am satisfied with the Minister's commitment this evening to have further consultation and, given the PPANI arrangements in relation to Clare's law here in Northern Ireland, it would have to come forward again to this House after public consultation. Therefore, I think that we will all have an opportunity to hear from those organisations. I had read some time ago — you prompted my memory — of their concerns but, in some of the papers that I researched, some of the concerns that they had rightly raised, I believed, had been allayed, maybe not with them, but, to my mind, they appeared to have been allayed.”
“Indeed, whilst there were some concerns about the amendment in the names of Mr Frew and Lord Morrow, I think that those concerns will be allayed at Further Consideration Stage. I look forward to the outworkings of that.”
“That shows that it is a good day for the Assembly, and one when a devolved institution is meeting the needs and concerns of the people who we represent here. It is a good news story, and I welcome all the support from all the organisations, many of which have been mentioned right across the Chamber, in the statutory and community and voluntary sectors for their information in getting the Bill this far and, more generally, for the work that they do in protecting us, our families and our constituents on an almost daily basis. <BR /> <BR />I believe that all Members who made a contribution spoke largely in support of all the amendments from our party; certainly those of the Minister were broadly supported.”
“I thank all the Members who participated in the debate and gave their support to the principle and the import of all the amendments, notwithstanding any particular concerns around the disclosure schemes that all Members have referred to and the need to come back with some further information. For our part we have no difficulty with the Minister sharing whatever dialogue we have with him in bringing forward disclosure, which is more commonly known as Clare's law, with the Chair of the Committee and Committee members. We would welcome such information sharing. <BR /> <BR />It is true to say that all the amendments in this group are very much victim-centred and, broader than that, support the family of victims of and witnesses to crime.”
“Amendment No 68 proposes to insert a new schedule in relation to witness support services and victim information schemes. My SDLP colleagues and I support that amendment. <BR /> <BR />I would like to close by returning to the SDLP amendments in relation to domestic abuse. I have been extremely heartened by the support that the Department and other parties have expressed for the amendments and look forward to working with other Members in the future to tackle domestic violence and abuse in our society. I truly believe that DVPOs, DVPNs and Clare's law will help to bridge a gap in how we tackle domestic abuse. Thank you.”
“Amendment No 11 inserts a new clause on disclosure for purposes of victim and witness support services and victim information schemes. Amendment No 17 also inserts a new clause in relation to Department of Justice disclosures to the Disclosure and Barring Service. <BR /> <BR />Both I and my colleagues in the SDLP are supportive of the DUP amendment that would be similar to Sarah's law. The amendment would provide guidance for agencies to consider disclosure of information in relation to relevant previous convictions of any specified sexual or violent offender where it is necessary to protect a particular child or children from serious harm. I am sure that the proposers of the amendment will speak on it in much more detail, but it is an amendment that we in the SDLP support.”
“Likewise, I will not move the amendment regarding Clare's law if we receive a ministerial assurance that a public consultation is being brought forward. <BR /> <BR />I will move on to the other amendments in the group, which are about prevention, protections and disclosure relating to vulnerable groups. I will speak very briefly on the amendments because I am sure they will be spoken about in detail by the proposers, the Minister and members of the DUP. The SDLP is largely supportive of the amendments. Amendment Nos 7 to 10 relate to clause 33 on victim statements. The proposed amendments will extend the scope of a victim statement in certain circumstances to include how a victim's family has been affected. The SDLP is supportive of those amendments. The SDLP is also supportive of amendment Nos 11 and 17 in relation to disclosures.”
“<BR /> <BR />I met the Justice Minister on 21 May and had a very productive discussion. I was pleased to find that he is supportive of the amendments but was advised that the wording of the drafts requires further tweaking. Likewise, his officials advised that the introduction of Clare's law will require a public consultation, and that he fully intends to do that. To give the Department time to come back and meet these principles, I have agreed not to formally move the amendments at this stage if we receive a ministerial assurance that amendments regarding domestic violence protection orders and domestic violence protection notices will be introduced at Further Consideration Stage, which I expect should be forthcoming.”
“We want to see a similar scheme launched in Northern Ireland to make it harder for perpetrators to reoffend. <BR /> <BR />I am very pleased to report, following consultation with all the parties, that a number of Members have expressed their support for the intentions behind the amendments. Implementing domestic violence protection orders (DVPOs) and domestic violence protection notices (DVPNs) would make a real difference to the lives of people affected by domestic violence, including, I should remind the House, children living in those homes. Local research has found that there are some 11,000 children living with the reality of domestic violence every day in Northern Ireland. Having this scheme available to us would help to move the social perception of domestic violence on.”
“Ms Wood had contacted the Greater Manchester Police in the months leading up to her death, to report that Appleton had caused criminal damage, harassed her, threatened to kill her and sexually assaulted her. Clare's law enables the police to disclose information to an individual who has asked police to check whether a new or existing partner has a history of domestic violence or, indeed, a violent past. Police will subsequently consider disclosing information if their checks find that this individual may be at risk of domestic violence from their partner. <BR /> <BR />It was reported in January 2015 that 3,760 applications for disclosure had been made in England and Wales, and at least 1,335 warnings issued, only 10 months after the scheme was launched.”
“<BR /> <BR />In 2010, Criminal Justice Inspection undertook a review of the way that domestic violence and abuse cases are handled by the criminal justice system in Northern Ireland, and it made a number of recommendations, including the introduction of domestic violence protection orders and notices, so it already has the support of the criminal justice inspectorate in Northern Ireland. <BR /> <BR />In March 2014, a domestic violence disclosure scheme, more commonly known as Clare's law, was rolled out across England and Wales. In February 2009, Clare Wood was violently murdered by a former boyfriend, George Appleton, who had previous convictions for the harassment and assault of former partners.”
“The whole intent behind the notices and orders is to support victims who might otherwise have had to flee their homes and to give them a breathing space to access support and consider the options available to them. <BR /> <BR />If it helps Members to set it in some form of context, in the year 2013-14, over 700 families had to be rehoused as a consequence of domestic violence. The introduction of these orders would mean that the perpetrator is the person who has to leave the home, and not the family. In addition, that time allows the victim to access Women's Aid or other support services to help them make the decision that is right for them for their future well-being and that of their family.”
“<BR /> <BR />In addition to the evaluation report following the pilot schemes in England, it was recommended that training should be provided for police officers and magistrates in applying such schemes. It is my hope and, I am sure, the intention of the PSNI and the Department of Justice to ensure that such training is provided. I have spoken to police officers in preparation for today's debate and in tabling the amendments, and the police would welcome having these resources available to them to better protect women in society, so I am satisfied that there are adequate safeguards. <BR /> <BR />The domestic violence protection notice lasts for 48 hours, and then application has to be made to the Magistrates' Court for a notice lasting up to 28 days.”
“Thank you for that intervention. The introduction of these schemes in England and Wales has been piloted, in particular, in three areas in England. There is a very helpful Home Office report available, which looked at the schemes and evaluated them. Almost 6,000 such orders were applied for, and only two were turned down. The constable who is called out to the scene has to get the domestic violence protection order approved by a senior officer — that is, a superintendent. The order is only used where there are no other enforceable restrictions available to the police, so I believe that there are safeguards, and it ought not to be willy-nilly.”
“Sorry, that refers to amendment No 6, the first amendment in the group. <BR /> <BR />I will elaborate on our other amendments. A domestic violence protection notice enables police to ban a perpetrator from returning to their home and from having contact with a victim of domestic abuse for up to 48 hours after —”
“<BR /> <BR />Our first amendment, amendment No 21, was drafted to ensure that prosecutorial fines could not be issued in lieu of appearing in court for a domestic abuse offence. Such fines would not only belittle the seriousness of domestic abuse, but, possibly, harm someone who is a victim of financial abuse and who, ultimately, would face this cost, and it would make the implementation of a disclosure scheme more difficult. If the Minister can assure us that domestic violence offences will not be subject to prosecutorial fines, we are satisfied that this does not need to be included in the Bill.”
“When faced with incidents of domestic abuse, many people ask, "Why doesn't she leave?" rather than, "Why does he do it?", or even, "How does he get away with it?". Only last week, I dealt with a case, in my constituency office, of domestic violence. I am sure each of you, in your constituency offices, have had to help victims get rehousing, psychological counselling or help with their financial circumstances. <BR /> <BR />We in the SDLP saw the Bill as an opportunity to introduce the provisions that would provide greater protections for those suffering domestic violence and those at risk of domestic abuse. Our amendments would see the introduction of domestic violence protection orders and notices and, indeed, Clare's law in Northern Ireland.”
“<BR /> <BR />I think it is fair to say that the majority of people now recognise that domestic abuse is not exclusively sexual or violent. It can be psychological, involving controlling and coercive behaviour, and it can involve financial manipulation through denying someone economic independence. That is intended to make someone feel utterly hopeless and worthless. Mental and emotional torture that reduces a person to a shadow of themselves is abuse in itself, but, as well as that, it often precedes violent and physical abuse. Indeed, one would say it is characteristic of the grooming that many women experience before that first physical attack. <BR /> <BR />Whilst attitudes around domestic violence have progressed, they have not progressed far enough.”
“<BR /> <BR />Victims and survivors of domestic violence may endure the most horrific sexual and physical violence. According to police statistics, there are, on average, 35 previous experiences of domestic violence by one victim before they actually make that call for help. <BR /> <BR />In England and Wales, it is estimated that two women die at the hands of a former or current partner. They are women like Clare Wood, for example, whose murder triggered the introduction of Clare's law in England and Wales. It is a domestic violence disclosure scheme that we want to see established in Northern Ireland. I think we have to ask ourselves why women here should not have the same protections afforded to them as women in other regions in these islands do.”
“Domestic abuse thrives on happening in private, but it is a matter of public concern. On average, here, in Northern Ireland, five women lose their life to domestic violence each year. PSNI statistics indicate that 27,628 domestic violence incidents and 12,720 abuse crimes were reported in 2013-14. In fact, Mr Speaker, an incidence of domestic violence is reported to the police every 19 minutes. That works out, on average, at over 400 incidents per week. It is estimated that one in four women will experience domestic abuse in their lifetime, and it accounts for approximately one fifth of all recorded violent crime in Northern Ireland. I repeat: one fifth of all recorded violent crime is committed by someone the victim should be able to trust, and often in the place in which the victim should feel safest of all — their home.”
“However, whilst there are increasing reported incidents of males suffering domestic violence and people in same-sex relationships also suffering domestic violence, the vast majority of victims of domestic abuse are women and the perpetrators men.”
“I am pleased to move the second group of amendments and to welcome this opportunity to outline the SDLP amendments regarding domestic violence. I would like to begin by putting on record my thanks to Women's Aid Northern Ireland for its advice on and insight into the tremendous work that it does to help victims of domestic abuse and for their help in tabling these amendments. I would also like to express sincere gratitude in particular to Aoibhinn in the Bill Office for her hard work and support in helping to draft these amendments and also, of course, to our own party policy staff. <BR /> <BR />Domestic abuse can affect anyone regardless of socioeconomic status, gender, religion, age, race or sexuality.”
“Given various Departments' responsibility for the promotion of good relations, I wonder whether you or any of your officials have given any consideration to having additional criteria for grant aid for musical instruments to bands so that they have to show respect for other communities in the usage of them?”
“I am grateful to the Minister for giving way. It is my understanding that, at the Executive, our Minister put on record our party's right to amend. We are under no illusion that the bedroom tax is in the Bill. Mr Agnew and others have stated that there are some protections for some years but not for ever in relation to those who might be subject to the bedroom tax. We tabled amendments and a petition of concern in relation to the bedroom tax a year and a half ago and asked others to sign it. It remains unsigned. Will the Minister at least acknowledge that as fact?”
“Does the Member not think that the Tories would be better thought of if they were to go after the companies and individuals who engaged in massive tax avoidance rather than picking on the people at the bottom end of the scale?”
“I thank the Member for giving way. Does the Member also agree with me that the Scottish Parliament has already mitigated the effect of the bedroom tax, and there is nothing to prevent this Assembly from bringing forward its own scheme in the same way?”
“I thank the Member for giving way. Will the Member not acknowledge that the Tory Government are committed in July to further reductions in welfare of, I think, between £12 billion and £15 billion?”
“Will the Member also acknowledge that, ironically, other Administrations did not survive because of the terrorism that many people here suffered and the shenanigans of the DUP over those years?”
“Under the d'Hondt principles of the Good Friday Agreement, I do not recall the Alliance Party being entitled to two Ministers.”
“We are seeing an erosion of many of the rights and entitlements that workers have fought for over the past 100 years, including a decent wage. <BR /> <BR />I will finish on this note: we have to remember that people here in the North are much worse off, whether in work or out of work, than people in GB. In March 2015, an income tracker by Asda showed that the average disposable income for a family in GB was £185 and only £92 for the people of Northern Ireland. That simply is not good enough. The message that we want to send to the Tories is that we are still a community coming out of conflict. They have ignored our cry for help to move Northern Ireland forward.”
“The SDLP is concerned about how that will be brought about at Westminster, and that is why we have a lack of confidence. <BR /> <BR />The welfare reform debate is about protecting the vulnerable — protecting children and families — but it was SDLP MPs, such as my colleague Alasdair McDonnell and others, who voted against the welfare and benefit caps and sought to amend many of those amendments at Westminster, unlike some other parties. Here, too, we will defend those who are most in need of a voice. <BR /> <BR />Others talk about the Tories and making work pay. I think that we could all subscribe to that value or belief, but what are we seeing? We are seeing zero-hour contracts, agency workers and temporary jobs.”
“And, yes, I am proud to say that the SDLP as a political party puts the needs of the people and the institutions before our own political well-being on many occasions. This time, however, we are fed up with the side deals and the bad grace that often persists between Sinn Féin and the DUP from which we all have to suffer. If it was not for the photo ops, we would seldom see them working in unison for the good of the people. <BR /> <BR />We are asking Members to reflect on what role they have played in the Stormont House Agreement and welfare reform and to reflect on why we have a loss of confidence in the British Government, which, as you know, will be responsible for bringing forward the other aspects of the Stormont House Agreement: parades and dealing with the past.”
“I thank the Minister for his intervention, because it allows me the opportunity to state, again, that we reserved the right to amend. My party tabled numerous amendments, which were petitioned against. Was that the best use of a petition of concern — to petition against amendments — if you were going to seriously listen to our concerns? You cannot have it every way. You cannot say to us, "Let's have a mature debate, let's hear your concerns" and then petition against them so that they are chucked out and do not stand any reasonable chance of being heard or being reflected in the legislation. <BR /> <BR />There are others who, over the last few days, have spoken to the SDLP about our responsibilities in protecting the institutions. They have said that, once again, the SDLP should bear the full and heavy load for others.”
“<BR /> <BR />My party and I recognise the difficulties in setting a Budget and the time constraints that we work within, but it is not yet too late for all parties to get around the same table and thrash out the concerns about welfare reform that we each have. Therefore I ask the DUP to consider the time frame again and whether it would be in the best interests of us all to have a mature negotiation in which all of the parties are included all of the time.”
“Therefore, over the past week, we have — for the first time, in some cases — had access to some of the papers being exchanged between the DUP and Sinn Féin. <BR /> <BR />I, like many others, do not know why Sinn Féin was so slow to pick up that the vulnerable — people with disabilities, children with disabilities, and the long-term sick — would not be protected under the Welfare Reform Bill, because those were some of the very amendments that we sought to enshrine in the legislation. We wanted those in statute, not in guidance or regulations. We wanted to make sure that that was part of the type of society that we wished to create and part of the type of protections that we wished to give to those same people.”
“<BR /> <BR />We have been asked to vote for a Bill that we do support and that we had sought to amend. In the recent correspondence that has now been shared with all the parties, I note that other parties shared our concern. On behalf of the Ulster Unionist Party, Mike Nesbitt registered his protest at the side deals that have been a feature of this Administration and were a feature of the previous Administration, in which Sinn Féin and the DUP are and were the two largest parties. As we have seen all too often, those side deals start to unravel. They are seldom in the interests of all the people right across the community in Northern Ireland and, indeed, are very often in those parties' political interests.”