Patsy McGlone
Mid Ulster · Social Democratic and Labour Party · Northern Ireland
“Limiting the power to dismiss charges involving the death of or serious physical harm to a vulnerable person will enhance the fairness and integrity of those criminal proceedings.”
“The SDLP welcomes the provisions for the long-overdue establishment of a statutory Commissioner for Victims and Witnesses of Crime. That is a significant step forward in the development of our justice system.”
“Putting the office on a statutory footing will ensure that the commissioner's role is legally recognised and accountable to the public and the justice system. The Minister outlined a number of the measures in the process of accountability.”
“OK. I thank my colleague — indeed, the Minister — for responding. It is, as the Minister said and my colleague highlighted, a sensitive area. People who are approached to give a reference should think long and hard about the implications of the references that they give: where they might wind up; the circumstances in which they give them;…”
“The SDLP welcomes the Victims and Witnesses of Crime Bill and the opportunity to debate it, alongside the Chairperson — or should I say, "Mr Amendment" — at its Second Stage.”
“I accept that the Minister's Department, as she has stated repeatedly, does not have the capacity or resources to develop those legislative provisions during this mandate.”
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“Go raibh maith agat, a LeasCheann Comhairle. We heard comments from my colleague, who reiterated that prison staff and their families needed to be free from threat and intimidation and spoke about the prison reform programme. Mr Lynch endorsed the independent assessment of the stocktake report, and we heard from Mr Elliott and Mr Stewart Dickson. Mr Frew spoke emotionally about the need for prison officers and their families to live free from any threat or intimidation. Mr Douglas referred to his experience of prisons and his visits to them. <BR /> <BR />I want to say something in case there is any doubt about the validity of our motivation. I do not like using situations to make political statements, but I attended the home of David Black and I attended his funeral.”
“Go raibh maith agat, a LeasCheann Comhairle. Mo bhuíochas leis an Aire as a fhreagraí go n-uige seo ar na cúrsaí faoi láthair. I thank the Minister for his answers to this point. An féidir leis an Aire a chur in iúl dúinn caidé an meastachán atá déanta ag an Roinn s’aige féin ar na háiseanna agus ar chúrsaí straitéise lastoigh den Roinn i dtaobh an chórais Gaeloideachais. Will the Minister provide us with details of any assessment carried out by his Department of the facilities provided for and the strategic direction of Gaeloideachais, Irish language education?”
“Mo bhuíochas leis an Aire as a freagraí go n-uige seo. What uptake of voluntary redundancy does she anticipate in her Department and how might that be funded?”
“I thank the Member for giving way. In accepting the vital role that post offices have to play, particularly in many of our rural communities, I am glad that the Member touched on communication, because it is vital. The Post Office has a huge range of services, but it does itself a tremendous injustice by underselling the range of products and services that it has. Does the Member accept that?”
“Go raibh maith agat, a LeasCheann Comhairle. Mo bhuíochas leis an Aire as na freagraí sin. Go nuige, chuir sí béim ar chúrsaí bia. I listened to the Minister as she talked about the emphasis being placed on agrifood research and the likes. Last week, I was in Brussels, where we heard of various sources of funding and particularly about where collaborative work can be done between various institutes, AFBI being one. Will the Minister give us some indication of the work that is being done with other regions in Britain, and, given the nature of some funds, it also has to be cross-border or between nation states? What work has been done in her Department to help to draw down those funds, particularly with the development of such projects in the agrifood sector?”
“Go raibh maith agat, a LeasCheann Comhairle. Mo bhuíochas leis an Aire chomh maith as an fhreagra sin. I thank the Minister for her response. On a wider issue, please can the Minister advise us on what discussions she has had with Executive colleagues around the reduction of VAT for the hospitality sector? What correspondence or discussions have been had between the Executive and the Treasury on the issue?”
“<BR /> <BR />The Committee for Enterprise, Trade and Investment has drawn up a list of stakeholders with whom it will consult, and it looks forward to receiving written and oral evidence over the coming weeks during Committee Stage.”
“However, the chairperson of the Chancery and Probate Liaison Committee expressed concerns about the possibility of cheques issued by bankrupts not being honoured; banks not being responsible for the loss incurred by those receiving cheques that were dishonoured on presentation; and the withdrawal of trustees' rights to take action in respect of moneys passing through bankrupts' accounts, leading to banks failing to exercise necessary control over bankrupts' accounts. The Committee will consider the Department's view that not going ahead with the amendment in Northern Ireland would deny to bankrupts here the benefits of a measure taken to assist those in similar circumstances in the UK, assuming that the Deregulation Bill, inclusive of a similar amendment, becomes law.”
“This is because authorisation will be restricted to a specific part of a national territory only if doing so can be justified by an overriding reason relating to the public interest. <BR /> <BR />The Committee noted that those consulted strongly supported the proposal for a legislative amendment to prevent trustees in bankruptcy bringing retrospective claims against banks in respect of payments made out of bankrupt accounts.”
“The Committee looks forward to further scrutiny of those original proposals over the coming weeks. <BR /> <BR />On the further amendments, the Committee noted that, in the informal consultations carried out by the Department with Northern Ireland's insolvency practitioners and their recognised professional bodies on the proposed changes to the licensing system for insolvency practitioners, mixed views were manifest on the proposal to create the option of being authorised to act as an insolvency practitioner solely in personal or corporate insolvencies. However, the Committee understands that the Department will have no option except to proceed with partial authorisation for insolvency practitioners if that passes into law through the proposed Deregulation Bill.”
“<BR /> <BR />When considering the revised draft of the Bill in June 2014, the Committee commissioned research to compare the amendments proposed to insolvency law in England and Wales. The research stated that the Bill includes amendments in law equivalent to measures existing or due to be introduced in England and Wales with the exceptions of three provisions that make corrections to existing law in Northern Ireland for which no corresponding changes in England and Wales could be found. Incidentally, the research states that article 8 of the Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010 removes the requirement to submit a report to the court in those individual voluntary arrangement cases where no application has been made to the court for an interim order.”
“<BR /> <BR />The Committee agrees in principle with measures aimed at addressing procedures that have become outdated and pointless. At the oral briefing from the Department in September 2012, the Committee also asked officials about the Crown Solicitor and the chancery and probate liaison committee's stated concerns about a proposal to do away with the requirement for the court to be notified of the outcome of the creditors' meeting in certain individual voluntary arrangement cases. The Department informed the Committee that it was in discussions around that matter. The Committee notes that the Department decided not to proceed with that particular proposal, and similar proposals concerning fast-track voluntary arrangements were also subsequently removed.”
“<BR /> <BR />The Committee welcomed the views of some consultees that measures such as allowing creditors or company members to attend meetings by way of technologies such as a video call and teleconferencing, which the Minister referred to, rather than attending physically may encourage greater creditor involvement in the insolvency process. At the oral briefing in September 2012, the Committee asked the Department why the proportion of creditors or company members that can request a physical meeting is set at 10%, which seemed low. The Committee accepts in principle the Department's view that such meetings are generally attended by large companies but, should the occasion arise that an individual desires a physical meeting, this protects their right to have that.”
“That scheme will provide basic broadband services in certain areas of Northern Ireland for the first time. That is to be welcomed. However, there will, as the Minister knows, be areas in other parts of the North where the broadband will maybe not work so well. The proposals are intended to facilitate the use of modern methods of communication during insolvency proceedings and to modernise some of the processes involved such as, for example, prescribing circumstances in which communication by website can be used. The Bill highlights how important it is for government to ensure that broadband services are available to households and businesses alike throughout Northern Ireland.”
“<BR /> <BR />At the oral briefing in September 2012, the Committee sought assurance from the Department that safeguards would be put in place to ensure that those who need or, indeed, prefer to communicate using traditional paper-based methods should still be able to do so. The Committee received assurances from the Department that those who wish to change over to using electronic communications and those who wish to communicate in the traditional way can both be accommodated without any need for interference with the rights of either group. The Committee will consider that in detail during the Committee Stage of the Bill. <BR /> <BR />I think it relevant to note the Northern Ireland broadband improvement project that is currently being rolled out by the Department.”
“<BR /> <BR />I will deal first with the original proposals of the Bill. The Committee welcomes the intention that the legislation will keep Northern Ireland insolvency legislation in line with that applying in England and Wales. The Committee agrees in principle with the overall objective of the original proposals to make the administration of insolvencies faster, more efficient and less expensive. Further, the Committee is in favour of measures that will modernise the administration of insolvencies by permitting greater use of electronic communications by establishing that documents stored and transmitted in electronic form are as good and as valid in law as paper ones. The measures should prove beneficial to the environment in respect of the carbon footprint and, according to the Department, will be of no cost to the public purse.”
“The Minister wrote again in October 2013 to inform the Committee of the need for an amendment to safeguard banks against claims by trustees in bankruptcy and to also inform the Committee of the need to put right an error in article 10(2) of the Insolvency (NI) Order 2005. In August 2013, the Minister advised the Committee that amendments to the licensing system for insolvency practitioners needed to be made in consequence of the Deregulation Bill. The Committee considered a written briefing on the revised Bill in June 2014. This included the minor amendments to correct the errors and anomalies in the existing insolvency legislation as well as the additional measures included in the Westminster Deregulation Bill that are to be replicated in Northern Ireland and are being dealt with through this Bill.”
“<BR /> <BR />The Minister advised the Committee in November 2012 that it was intended to include a clause to repeal article 253(2) of the Insolvency (Northern Ireland) Order 1989 on the basis that the provision had been little used in this jurisdiction and that the corresponding provision applying in England and Wales was to be repealed.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Mo bhuíochas leis an Aire as an léargas chuimsitheach sin. I thank the Minister for her comprehensive overview. <BR /> <BR />The Committee welcomes the introduction of the Insolvency (Amendment) Bill for Second Stage consideration and thanks the Minister for bringing it to the Assembly. It has been a lengthy process to get the Bill to this stage. It was in March 2012 that the Committee first received a written briefing on the original proposals of the Bill and September 2012 when the Committee received an oral briefing on the outcome of the first consultation. I thank the Minister for keeping the Committee informed throughout the long process.”
“What impact has the failure to implement Transforming Your Care had on the integrated care partnerships?”
“Go raibh maith agat, a LeasCheann Comhairle. Gabhaim buíochas leis an Aire chomh maith. I am not going to ask him to respond about Bord na Móna.”
“Go raibh maith agat, a LeasCheann Comhairle. Mo bhuíochas leis an Aire as na freagraí cuimsitheacha. I thank the Minister for his comprehensive answers. Could he provide us with some detail as to what assets he or his Department have identified that could be used to realise revenue?”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Gabhaim buíochas leis an Aire as a freagraí go dtí seo. The Minister took the question in the direction in which I was going to take it: corporation tax. If and, hopefully, when corporation tax enabling powers come to the local Executive, what assessment has the Minister's Department done on the impact that a 12·5% corporation tax level will have on potential foreign direct investment that could come in its wake?”
“Go raibh maith agat, a LeasCheann Comhairle. Mo bhuíochas leis an Aire as a freagraí go dtí seo. Ba mhaith liom ceist a chur. My question is exactly on that very point. What is the Department doing at the moment about the definition of "active farming" and its implications for land that is taken in conacre?”
“The Minister or Ministers should be urging Ofcom to act now and to conduct an immediate review of the impact of direct delivery competition on the universal service in preparation for those changes. <BR /> <BR />We should also use this opportunity to expand the universal service charge to incorporate a value-for-money, cross-border service through regulatory changes North and South. Only by working in conjunction with her — I presume that the Minister responsible for that is a "her" — North/South Ministerial Council colleagues and her counterparts in the Westminster Government will the Minister of Enterprise, Trade and Investment be able to properly assist businesses on this island. The way to do that is to ensure the long-term viability of a universal postal service that incorporates a value-for-money, cross-border service.”
“Only by using the profits from the easier-to-serve urban areas can a UK- and North-wide network be maintained. The current model undermines the sustainability of those universal services. <BR /> <BR />In our rural constituencies, the universal postal service is at greater risk than elsewhere. The rural post offices and rural postpeople who serve those communities will be the first to bear the brunt in the pursuit of a viable, or what is referred to as viable, postal service. <BR /> <BR />Ofcom has stated that it will conduct a review of the impact of direct delivery competition by the end of 2015 if certain conditions are met. Not only have those thresholds already been passed, but it may be too late by the end of 2015. Securing a viable future for the universal postal service will require the implementation of regulatory changes.”
“As a result of that privatisation, the current six-days-a week, one-price-goes-anywhere universal postal service across the UK and the North is at severe risk of becoming unsustainable. Royal Mail continues to be required by law to deliver to all postcodes six days a week at a uniform price, but other postal operators are free to cherry-pick the more profitable densely populated urban areas for mail deliveries, which is a point that I touched on earlier. <BR /> <BR />As a result of its legal obligation as the sole universal service provider, Royal Mail is now unfairly at a competitive disadvantage to other postal operators. The volume of letters being delivered has been in decline for some time and is expected to drop even further.”
“Where TNT Post UK or any other postal operator is asking Royal Mail to deliver a greater portion of letters to more expensive-to-serve areas such as, for example, rural areas, Royal Mail has the regulatory flexibility to charge a fair price and make a fair return based on the cost of delivering those letters. That practice is known as zonal pricing and allows Royal Mail to charge more for delivering access mail in areas where it may potentially incur higher costs. That is a good part of the rationale in our amendment. <BR /> <BR />The threat follows that particular threat. That additional cost differential and time delay in delivering cross-border mail follows the privatisation of Royal Mail and the introduction of direct competition for delivery of the post.”
“<BR /> <BR />Our amendment seeks a meaningful debate on addressing the very real threat to the viability of our rural post offices, as well as addressing the significant additional cost differential and time delay in delivering cross-border mail. I have written to Ofcom about that very issue, and I realise that it is monitoring the situation. Royal Mail delivers a significant amount of mail at the moment. However, TNT Post UK is able to cherry-pick and operates only in urban areas. They can use the post office and have access to the services of Royal Mail to deliver on their behalf.”
“At some stage during the debate, which is an important one, we will perhaps hear what pressure people think should be imposed on those companies and what the Ministerial Council can actually exert on them. <BR /> <BR />The postal delivery service across Britain and Ireland is regulated by legislation set in London and Dublin. That is where the long-term viability of a universal postal service will be secured and where our efforts need to be focused — on a north, south, east and west universal postal service. The original motion would, in effect, break the existing universal postal charge that applies in the UK and the North, and our local businesses could suffer as a consequence. Indeed, the motion fails to acknowledge that there is already a threat to the existing universal postal charge here.”
“<BR /> <BR />It is certainly true that the significant additional cost differential and time delay in delivering cross-border mail is a hindrance to business, particularly micro and small businesses, as well as a constant source of irritation to the public. However, the original motion may be somewhat flawed in that it engages in the politics of appealing to the better nature of all companies and agencies involved in postal delivery to introduce a single pricing structure for mail being delivered anywhere on the island of Ireland. What if they do not? Apparently the North/South Ministerial Council should "exert maximum pressure" on those companies to comply with the edict.”
“Go raibh maith agat, a LeasCheann Comhairle. Mo bhuíochas leis an Chomhalta Philip Flanagan as ucht an rún a chur os ár gcomhair. I thank Mr Philip Flanagan for bringing the motion before us today. The issue is rather more than just the motion, and that is why I am grateful that the amendment was accepted. I welcome the motion, although I have to say that, of all the barriers to greater North/South economic development, the cost of posting a letter across the border appears to be one of the lesser obstacles to be overturned. Nevertheless, Mr Flanagan and his party have decided that the Assembly should focus on that issue today.”
“— a responsible attitude in dealing with the current fiscal crisis. Go raibh maith agat, a LeasCheann Comhairle.”
“— to grow the economy and to raise funds. <BR /> <BR />It is absolutely essential that the lead parties in the Executive begin to demonstrate —”
“<BR /> <BR />Scotland permanently wrote off the bedroom tax in a deal with the Treasury. Indeed, the Chartered Institute of Housing (CIH) estimates that bedroom tax would affect 32,000 tenants here, which is 40% of the numbers affected in Scotland. I see no reason that we cannot also come to a deal with the Treasury that costs us significantly less than the £35 million paid by Scotland. Interestingly enough, the Joseph Rowntree Foundation has brought out a report today that states that the poorest households spend on average a quarter of their income on housing costs. Imagine what that would be if the bedroom tax, in its worst form, were introduced to the North. After all, we can all agree to afford corporation tax, and I am confident that we can afford it because the SDLP has been responsible and consistently outlined ideas —”
“I thank the Member for highlighting that issue. It was at this point that I was going to draw to the attention of the Assembly the fact that I and some other Members attended the launch of the NICVA report, which highlighted that further advancement of welfare reform in the shape and manner that it is in at the moment would lose the Northern Ireland economy £750 million per annum. That is big stuff. That is why, progressively, as this Executive hopefully work together to come to terms with this — and I am hearing this not just from recipients of welfare payments and benefit payments, many of whom I represent at tribunals, but from small post office owners, small shop owners and people in the retail sector for whom this is becoming a major issue as they see how the ravages of welfare reform could affect them.”
“However, given that Peter Robinson has called for new talks on our structures of government, and given the events in Scotland, and Westminster's response, over the past number of days, perhaps the Minister can provide clarity on whether his party supports the principle of a new annual Budget, if talks come about. <BR /> <BR />Talks must also involve discussion of welfare reform. The SDLP has been very clear on welfare reform: the Executive must further negotiate with the London Treasury regarding the heightened profile of objective need in the North, and we must permanently rule out the imposition of the iniquitous bedroom tax.”
“Ministers, Members and the public would be much better served by a clear and transparent process that clearly demarcates spending according to the degree to which it supports essential front line services. The development of a new Budget under financial pressure is challenging, so I again call for a review to assess the case for the devolution of fiscal powers to the Northern Ireland Assembly and recommend further powers that would improve the financial accountability of the Executive. Sadly, the DUP has consistently opposed that idea.”
“Worryingly, I have heard rumours that that type of behaviour will continue and may result in failure to agree an October monitoring round. That would throw into further doubt and jeopardy the funding for those major projects that do not feature in the 2011 Budget. It is therefore essential that we have a new Budget and, to ensure that key policy decisions and emerging projects are adequately funded, that it must be an annual process. <BR /> <BR />I am aware, however, that, in a time of austerity, developing a new Budget is easier said than done, which is why the Budget must be based on a robust new Programme for Government. That is why the SDLP has consistently proposed a comprehensive process that provides a transparent breakdown of the allocation of resources and expenditure.”
“We voted against the Budget because of significant concerns relating to the funding for the health service, education, aspects of job creation and housing. Those are all areas that have come under greater pressure in the years since the Budget was passed. The A&E crisis earlier this year is an example of the impact of a weak Budget and financial mismanagement. <BR /> <BR />To make matters worse, the DUP and Sinn Féin are now using the Budget as a political football, putting jobs and the future of the health service at risk as a result. That irresponsible behaviour is possible as we have a budgetary system under which key policy priorities such as Transforming Your Care and key road infrastructure improvements are funded via the monitoring rounds.”
“Go raibh míle maith agat, a LeasCheann Comhairle. In June, during the Budget debate, the SDLP outlined countless creative and relatively low-cost ways in which the Assembly and the Executive could use a Budget to boost our economy. Sadly, the DUP and Sinn Féin did not listen and simply refused to demonstrate fiscal responsibility. Despite having a Budget with major subsidence problems, the DUP and Sinn Féin continue to paper over the cracks. They refuse to admit that the problem is their collective mismanagement and their refusal to agree on anything but blaming each other. <BR /> <BR />The current Budget was a poor one to begin with. We did not vote for it in 2011, and we have consistently outlined our opposition to it since in key thematic areas.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Gabhaim buíochas leis an Aire as ucht a fhreagra. For clarification: area plans are presumably still confined to the likes of towns and villages, with the constraints that that places on them in the context of policy. What checks and balances will be in place to ensure that, in everyone's interests, the key cornerstones of fairness, equity and equality are there for everyone in local societies?”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Mo bhuíochas leis an Aire as an fhreagra sin. <BR /> <BR />Thanks very much, Mr Principal Deputy Speaker — or Mr Speaker, as I should say now. I also thank the Minister for his response. <BR /> <BR />Can the Minister give us some indication — there is possibly an overlap in this, given that he is temporarily wearing two hats — of what discussions he has had with the British Government and, indeed, Executive colleagues about the reduction in air passenger duty for short-haul flights?”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Thanks very much, Mr Principal Deputy Speaker. Mo bhuíochas leis an Aire as an fhreagra chuimsitheach sin. I thank the Minister as well for her comprehensive reply. Could the Minister tell me, please, if there is any indication of the time frame she will be working in with Minister Coveney? Thankfully, I take it from your response that he, too, is positive in his approach to the issue, which is in all our interests.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Mo bhuíochas leis an Aire chomh maith. I thank the Minister very much. However, he highlighted the question that I asked but did not respond to it. Essentially, what I wanted to know is what his Department is doing — his Department's As, Bs, Cs and Ds — at progressive level to work with those agencies and bodies to ensure that a strategy is developed to ensure that people are made to feel at home and are accommodated in this part of the world.”