Mervyn Storey
North Antrim · Democratic Unionist Party · Northern Ireland
“I thank the Minister for his statement. It will be noted that there are those who cry much about the environment and purport to be the champions of the environment who did not have the courtesy to come to the House and be present when the statement was being made.”
“I thank the Minister for his statement. Clearly, there are some in the House who want to continue with the same old, same old and get the same outcomes at a huge cost to the public purse and to farms in Northern Ireland. The Minister is absolutely right: it is a scourge.”
“I am sure that the Minister will be aware, having listened to the Member who spoke before me, that the farmers of North Antrim will make an informed choice about who best supported farmers during this mandate of the Assembly.”
“A pilot scheme has been operating with the Education Authority, the PSNI and the South Eastern Health and Social Care Trust across 60 schools in the south Down area since September 2021 and was extended to a further 77 schools in the Newry and south Armagh areas at the start of February 2022.”
“As Chair of the Justice Committee, I am pleased to welcome the motion. It implements the provisions taken forward by the Committee in the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 to establish an Operation Encompass model in Northern Ireland, which is, as the Minister has outlined, a police and early intervention pa…”
“We had our final meeting of that Committee this morning, and I want to place on the public record our appreciation and thanks to our Committee staff of for all the work that they have done.”
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“I thank the Minister for his statement. It will be noted that there are those who cry much about the environment and purport to be the champions of the environment who did not have the courtesy to come to the House and be present when the statement was being made. <BR /> <BR />I declare an interest, as I have a brother-in-law who farms near the Garry Bog in my North Antrim constituency. Will the Minister outline how the peatland strategy will contribute to reaching our carbon targets and allow our farmers to produce food? It is not a case of either/or. The Minister visited the Garry Bog with me some time ago and saw the challenges. I commend the farmers in that area, who, despite many of the challenges, have produced some of the best outcomes in farming.”
“I thank the Minister for his statement. Clearly, there are some in the House who want to continue with the same old, same old and get the same outcomes at a huge cost to the public purse and to farms in Northern Ireland. The Minister is absolutely right: it is a scourge. We have seen the consequences on farms in our constituencies of what bovine TB does to our farm industry and to the economy. <BR /> <BR />On the policy announcement, does the Minister agree that reducing TB will improve our ability to access new markets? I think that the Chair of the Agriculture Committee mentioned the cost of that. When we have that intervention, we will see the benefit, which ultimately will be to the advantage of farming for everybody in Northern Ireland.”
“How will the support that the Minister has outlined this morning drive sustainability and efficiency so that our farms will be profitable and will not be destroyed in the way that some Members would have done if they had had their way?”
“I am sure that the Minister will be aware, having listened to the Member who spoke before me, that the farmers of North Antrim will make an informed choice about who best supported farmers during this mandate of the Assembly. Thankfully, our hands have not been on any legislation that would have decimated and destroyed sheep farmers, beef farmers and the farming industry in its totality. I thank the Minister for his statement and for his leadership in the farming industry in Northern Ireland during the mandate and for his many visits to North Antrim. <BR /> <BR />The statement referred to the beef sector, something on which there has been lobbying for some time.”
“I thank the Minister for his answer. All politics is local, so I will bring it back to my constituency, North Antrim. Will the Minister join me in congratulating Christies Direct, a local company in Ballymoney, which will celebrate 30 years in business next weekend? It is now part of the Californian Nexus Brands Group, one of the largest organisations in that industry in the world. As that business has that celebration, will the Minister outline the benefits to my North Antrim constituency that have come about as a result of his Department's activity?”
“Will the Minister take the opportunity of her final Question Time to thank our prison and associated staff, who do an extremely difficult and challenging job despite what has happened to them over the pay offer, for the work that they do and to wish them well in trying to stop the drugs that, sadly, come in to our prisons?”
“The report identified areas of innovative work, to which the Minister referred, that resulted in particularly good practice, including:”
“I ask that you address those concerns with the Chief Constable in a way that reflects their seriousness. <BR /> <BR />Finally, it is with some concern that I raise with the Minister the issue of the pay settlement that has been imposed on our prison staff. I understand that it has been imposed without reference to the pay review body. That is a serious departure from the working relationship between the Prison Service and its staff and the Department. I have written to the Minister today on that issue. <BR /> <BR />Thank you for your indulgence, Mr Deputy Speaker. We wish all on the Justice Committee success, whatever outcome 5 May brings.”
“Minister, I thank you and your officials for the work that you have done. We have not always agreed and will not always agree. There will be issues on which we will still have disagreements. I trust, however, that we endeavoured to do our work in the best way possible to ensure the best possible outcome. <BR /> <BR />I ask for your indulgence, Mr Deputy Speaker, to raise just two issues with the Minister. Reference was made earlier to the domestic abuse legislation. Issues of serious concern have been raised about the Protection from Stalking Bill, including with how stalking protection orders will be enacted. Moreover, a concern was raised, and you saw the correspondence, Minister, from the police, about challenges remaining with the training of officers.”
“I have no doubt that the diligence that she has shown is reflected in the many changes made to the legislation that has been brought before the House. I also wish my colleague Mr Robin Newton well, whatever the future brings in the weeks and months ahead.”
“We had our final meeting of that Committee this morning, and I want to place on the public record our appreciation and thanks to our Committee staff of for all the work that they have done. They have been tireless and conscientious in everything that they have done, not only since I have had the opportunity to be the Chair but during the life of the Committee and for previous Chairs. <BR /> <BR />I also note that there are members of the Committee who are not seeking re-election. I refer to Emma Rogan, Robin Newton and Sinéad Bradley. I want to comment particularly on Sinéad Bradley, who is in the House today. I pay personal thanks to her for the work that she has done on the Justice Committee, along with other members. I thank her for the service that she has given.”
“A pilot scheme has been operating with the Education Authority, the PSNI and the South Eastern Health and Social Care Trust across 60 schools in the south Down area since September 2021 and was extended to a further 77 schools in the Newry and south Armagh areas at the start of February 2022. The pilot scheme has received positive feedback, and a total of 51 referrals have been received by schools from the PSNI. <BR /> <BR />I am proud of the work that the Committee has done to make the scheme a reality across Northern Ireland. Therefore, on behalf the Committee, I am pleased to welcome the motion and support it in the House today. <BR /> <BR />I will conclude with a few comments as a Member of the House and on behalf of my party. Today is the last time that I will stand before the House as Chair of the Justice Committee.”
“Having considered the responses and the additional information from the Department, the Committee agreed that it was content with the proposal for the statutory rule (SR). The statutory rule was subsequently considered on 10 February, when the Committee noted that the Examiner of Statutory Rules had no comment to make by way of technical scrutiny. The Committee agreed to recommend that the statutory rule be approved by the Assembly. <BR /> <BR />Notification from the police of an incident of domestic abuse will enable the relevant school, college or training facility to offer immediate support to children experiencing domestic abuse.”
“<BR /> <BR />The Committee also requested a more detailed report on the responses to the targeted consultation that had been undertaken on the regulations and clarification of the position in respect of older pupils in special schools. The Department's response, providing a detailed consultation analysis and explanation of why pupils aged 19 in special schools cannot be provided for under the scheme, was considered by the Committee on 17 February. <BR /> <BR />At that meeting, the Committee also noted that the Committee for the Economy had indicated that it had no objection to the proposal and the Committee for Agriculture, Environment and Rural Affairs and the Committee for Education had advised that they were supportive of the proposals.”
“The Committee was advised that the Department of Education would be the lead Department for the roll-out of Operation Encompass once the regulations were in place, with the Department for the Economy as the lead for further education colleges and training providers. The Education Authority will be the operational lead with support from PSNI colleagues. <BR /> <BR />The Committee noted that the draft regulations had been developed by the Department of Justice in partnership with the Department of Education, the Department for the Economy and the Department of Agriculture, Environment and Rural Affairs and therefore agreed to seek the views of the respective Assembly Committees on the regulations.”
“The Committee was supportive of such an information-sharing scheme being available in Northern Ireland and believed that the legislative provision to enable the PSNI to share information with a school on well-being grounds to support children in the context of domestic abuse should be provided at the earliest opportunity. It therefore tabled the necessary amendment at Consideration Stage, and it received the support of the House. <BR /> <BR />The proposal for the regulations to implement the provisions, which are the subject of the motion today, was first considered by the Committee on 3 February 2022.”
“<BR /> <BR />During the Committee's subsequent consideration of what was then the Domestic Abuse and Family Proceedings Bill, a number of organisations highlighted their support for the introduction of an Operation Encompass-type approach in Northern Ireland. It was felt that the ability to advise when a domestic abuse incident to which the police had been called had occurred the previous night would ensure that the relevant school, college or training facility would be in a better position to quickly understand and support a child's needs and their possible behaviours. The provision of support in the educational environment would mean that a child would be better safeguarded against the short-, medium- and long-term effects of domestic abuse.”
“As Chair of the Justice Committee, I am pleased to welcome the motion. It implements the provisions taken forward by the Committee in the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 to establish an Operation Encompass model in Northern Ireland, which is, as the Minister has outlined, a police and early intervention partnership enabling support for children and young people who are experiencing domestic abuse. <BR /> <BR />The Committee first heard about Operation Encompass from the Chief Constable, who told members that it was a programme operating in England and Wales that he would wish to see introduced in Northern Ireland. He advised that there were legislative impediments but hoped that those could be overcome with the support of the Committee and other partners.”
“Adding the domestic abuse offence and the associated aggravators means that they will always be disclosed on a standard or enhanced Access NI certificate, and they will not be filtered out after 11 years following the conviction or after six years for an adult non-court disposal. <BR /> <BR />The Committee considered the information from the Department at its meeting on 17 February and agreed that it was content with the proposal for the statutory rule. The rule was subsequently considered on 10 March, when the Committee noted that the Examiner of Statutory Rules had no comment to make by way of technical scrutiny. The Committee agreed to recommend that the statutory rule be approved by the Assembly. On behalf of the Committee, I support the motion.”
“Those more serious offences are always disclosed on the Access NI standard and enhanced certificates. <BR /> <BR />As the Minister detailed to the House this morning, the draft order will explicitly add the domestic abuse offence as well as convictions for the domestic abuse offence aggravated by the child aggravator to the list of specified offences. All other current convictions for offences that are aggravated by domestic abuse will be included in the list of relevant matters and be disclosable as part of the Access NI application check. Provision is made for the disclosure of non-court disposals for the domestic abuse offence on standard and enhanced applications.”
“The Department of Justice wrote to the Committee on 14 February to advise that it proposed to make an order to make provision for the new domestic abuse offence and related aggravators, which came into operation on 21 February 2022 as part of the Domestic Abuse and Civil Proceedings Act, to be disclosed by the Access NI disclosure process. <BR /> <BR />The Department's correspondence outlined that Access NI disclosure information held on a person's criminal record, particularly enhanced checks for individuals who are seeking to work with children and adults, elapse after certain periods. Access NI will not disclose old and minor offences from that period, although that does not apply to offences specified in section 113A(6D) of the Police Act 1997.”
“Three years, Pat. Are you forgetting about that? Short memory.”
“In the Minister's original answer, he talked about the hubs becoming operational "when appropriate". Can he elaborate on what that means? Does "when appropriate" mean "when we have in place a proper return-to-work policy", so that spaces that have been identified are no longer continually vacant?”
“The Minister said that, for the continuation of the scheme, it will be vital that we have an infrastructure to deliver it. When will the regional strategic transport network plan be published? She has promised the House on a number of occasions that it would be, but we are told today that it is going out to consultation?”
“I thank the Commission member for his answer. A successful event was held in the grounds of the estate on Monday — Commonwealth Day — to mark Her Majesty's platinum jubilee. Does that not show that, when there is an absence of bigotry and political prejudice, an agreement can be reached that accurately reflects the history of Northern Ireland? Will the Member commit to having further discussions with the Department of Finance to ensure that the outstanding issues regarding our history and heritage, on which there has been a failure on its part to deliver, will be looked at?”
“I concur with the comments about being cautious. However, even though we are in the last weeks of the mandate, for how much longer will the stationery office in the Building be closed to Members and their staff? That has been the case since the commencement of the restrictions.”
“The Minister mentioned the deficit in funding. Does that mean that, as a result of the imposition of the legislation, instead of us having money and the car parks being managed, there will be a free-for-all? If so, that will undoubtedly lead to chaos in our hospital car parks, as opposed to the current situation in which they are managed and revenue is generated from them.”
“I thank the Minister for his answer. As this is possibly his last Question Time as Minister of Health, as a colleague in North Antrim, I wish him well in the upcoming election and look forward, no doubt, to meeting him on the roads and in the area.”
“However, we need not close our eyes to what is happening on our streets in Northern Ireland and to the vile and hideous crime of human trafficking. I trust that, as a result of the House's collective effort, there will now be, in the criminal justice toolbox, the proper and appropriate means whereby those who are engaged in that most vile of crimes will be brought to book and will be made answerable to the courts for what they have done and that the Bill will provide for additional support, help and assistance to the victims of such crimes.”
“<BR /> <BR />I want to conclude with a few comments speaking as a Member of the House and a member of the Democratic Unionist Party. There are many issues with the process of being in a five-party mandatory coalition and challenges in working with the structures that we, unfortunately, have to work with, not being a normal democracy like that in many other jurisdictions across the world. However, the Bill is an example of what can be done when we keep our focus on the reason why we are here, and that is surely to improve the lives of — we use this phrase, and I trust that it will never become just a trite phrase — the most vulnerable in our society. We have seen in the last number of days what can happen when someone acts with vileness and evil intent. We have seen all too clearly the horror of what is going on in the land of Ukraine.”
“I concur with her comments about the departmental officials who briefed the Committee on a number of occasions. I add my best wishes to Brian Grzymek, who will retire, and thank him for his patience and endurance when he came repeatedly to the Committee over a period. <BR /> <BR />I thank our Assembly staff. In particular, I thank — it may not be the convention, but I am not one who is known for always adhering to convention — the Bill Clerk, Stephanie Mallon, who is also in the Chamber today. She worked tirelessly to advise and assist the Committee in bringing forward amendments. I know that I speak on behalf of the Committee when I say that, without her work and that of officials in this Building, we would not have the Bill that we have today. I say, to them all, thank you very much.”
“In particular, I want to thank the victim of the voyeurism offence who shared their personal experiences and whose contribution was invaluable in highlighting the need for the new voyeurism offences to be comprehensive and operational. <BR /> <BR />I also thank the organisations that worked tirelessly to support and protect children and young people and victims of human trafficking and modern slavery. Without those organisations, the lives of victims would be much bleaker. I welcome to the Public Gallery two staff members of Christian Action Research and Education (CARE NI), Lauren and Rebecca, and thank them for all the work that they have done, not only in the Northern Ireland legislative process but the process in the House of Commons. <BR /> <BR />I also acknowledge and thank the Minister and her officials.”
“That was not without its challenges, and, again, I thank the current and previous members of the Committee for their commitment and diligence in carrying out the scrutiny of the legislation. I thank past and present Committee members for their contributions to that work over the past two years. <BR /> <BR />The Committee has undertaken an impressive workload, particularly in relation to the Bills, which, in my view, have contributed to the development of the improvement of the criminal justice system in Northern Ireland. I also place on record again the Committee's appreciation for all the organisations and stakeholders who contributed to our scrutiny process by taking the time to provide written and oral evidence during the Bill's Committee Stage.”
“<BR /> <BR />The aim of the Justice Committee throughout this process has been to ensure that the best possible protection and support is provided, through this legislation, for children and young people, for victims of sexual offences and for victims of human trafficking and modern slavery. I am very proud of the work that the Committee has undertaken in relation to the Bill, in what was a relatively short timescale due to the end of the mandate this month. The Committee did not just scrutinise the provisions of the Bill in a full and thorough manner but actively looked at the current legislative provision and identified opportunities to improve it and deal with emerging types of offending behaviour.”
“It was not possible to address the issue at that time. However, the Minister initiated a review of the position, which has resulted in the much-needed changes being made in this Bill. I congratulate the Minister on doing that at this stage rather than waiting for the new mandate. <BR /> <BR />The new provision to widen the scope of the offences of disclosure of private photographs or films with intent to cause distress to include the threat to disclose is also very welcome. The threat to disclose is frequently made through online means and has led, in some cases, to tragic consequences for victims, particularly young people. Therefore, closing that loophole as soon as possible is a necessity.”
“<BR /> <BR />The Committee also welcomes the clarification and certainty on the common-law position that has been provided by the new provision that sets out that a person cannot lawfully consent to their serious harm for the purposes of sexual gratification where serious harm within the definition in the text of the provision occurs. The perpetrator will not be able to raise the claim that the victim consented to the harm being inflicted. The need to clarify and strengthen the legal framework with regard to that issue and in relation to the new offence of non-fatal strangulation or asphyxiation that the Minister brought forward, and which was included in the Bill at Consideration Stage, was highlighted to the Committee during the Committee Stage of the Domestic Abuse and Civil Proceedings Bill.”
“It will assist the police and the Public Prosecution Service in obtaining prosecutions and, hopefully, provide reassurance to victims that this type of crime is being taken seriously by legislators. Importantly, it will provide a positive foundation for education and prevention initiatives. That is an example of the Committee and the Assembly recognising emerging threats and unacceptable behaviours from changing technology and moving quickly to ensure that legislation is up to date in order to be able to meet such challenges.”
“<BR /> <BR />I turn now to the other new provisions included in the Bill. The Committee was particularly pleased to gain the Assembly's support for its amendment that creates a new offence of cyber-flashing. Given the legislation that has already been in place for a number of years in Scotland and the UK Government's commitment to legislate for it in England and Wales in the near future, the Committee considered that it would be an opportune time to provide for a similar offence in Northern Ireland and to ensure that this jurisdiction is not left behind. The support of the Minister in that regard and the collaborative approach to reach an agreed framework for the offence was much appreciated. <BR /> <BR />The new offence will send a clear message to perpetrators that such behaviour is wrong and potentially harmful.”
“Through the provisions added, the Committee has taken the opportunity to build on the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act 2015, which my esteemed colleague and friend Lord Morrow had the foresight and tenacity to bring through the Assembly to ensure that Northern Ireland had some of the most progressive legislation for dealing with human trafficking and exploitation and providing support to victims. I am very pleased that the Committee has had the chance to build on that Act through this Bill. The Department's development of a longer-term strategy for dealing with human trafficking and modern slavery will provide further opportunities to improve support to victims and to tackle and prevent what is the most despicable of crimes.”
“<BR /> <BR />The statutory defence for victims and survivors of human trafficking aims to ensure that a victim of trafficking is not punished for unlawful acts committed as a consequence of trafficking. Its extension to include class A drugs will update the position to reflect a more recent type of criminal exploitation of trafficked victims that has emerged. <BR /> <BR />Among key stakeholders and organisations that support victims of trafficking and modern slavery, the frustration with this Part of the Bill was that the Department had not taken the opportunity to provide more meaningful support and protection.”
“Given the widespread support for them and the examples of their beneficial use in England and Wales, the Committee is of the view that they should be introduced in Northern Ireland without any further delay. There is now a duty on the Department of Justice to bring forward protective measures, such as STROs, for victims of slavery and trafficking by 2024. The Committee was also pleased to see that, last week, the Department launched a consultation that will inform the development of STROs. The additional support that will now be provided to victims of trafficking and modern slavery following support for the Committee's amendments and the amendment that the Minister tabled at Further Consideration Stage is also a very positive outcome.”
“The victims of such heinous crimes as trafficking and modern slavery deserve our full support and protection, and it is an awful indictment of any society that, in the 21st century, we are still having to deal with that awful scourge. <BR /> <BR />The need for additional statutory support for victims while in the national referral mechanism (NRM) process, following receipt of a positive conclusive decision, was raised with the Committee in the evidence received on the Bill, as was the lack of progress made on the provision of slavery and trafficking risk orders (STROs) to assist in preventing modern slavery and trafficking-related crime. Those orders have been operational in England and Wales since 2015, and Scotland has equivalent orders in place.”
“The Committee welcomes the process to implement the recommendations of the Sir John Gillen review of serious sexual offences, which these provisions represent. Recognising that that is only a small part of the work required to implement the review findings in full, the Committee will be recommending to the next Justice Committee that it should continue to monitor the Department's progress on taking forward the plan to deliver all the recommendations, particularly the work on the issues of consent and the other issues that will require legislation. <BR /> <BR />The Committee's amendments to the Bill considerably improve and enhance the support and protection provided to victims of trafficking and exploitation. The amendments became part of the Bill following Assembly support.”
“The Committee also appreciated the support for the inclusion in the Bill of its amendment that places a duty on the Department to provide and review, in due course, guidance, training and data collection on Part 1 of the Bill. The Committee believes that those are key components needed for the effective implementation of Part 1, in particular the new offences being created. The need for a clear understanding and effective implementation of the new offences by the criminal justice agencies will assist in obtaining successful prosecutions. That is vital, because, otherwise, it will be impossible to build victims' confidence in the system to encourage them to come forward, report offences and engage and participate in the criminal justice process. <BR /> <BR />I turn now to Part 2 of the Bill.”
“The Committee also welcomed the firm commitment by the Minister, during the debate at Further Consideration Stage, that the Department will carry out an urgent review of the sectors involving tuition and uniformed and non-uniformed youth activities to determine whether there is evidence of a risk of harm that would warrant a legislative intervention, and that will start during this mandate and proceed as quickly as possible. That immediate review and the requirement for ongoing reviews will enable appropriate action to be taken quickly, if necessary, and they provide some reassurance.”
“It suffices to say that Committee members shared the disappointment and concern of the Northern Ireland Commissioner for Children and Young People, the NSPCC, Barnardo's and other organisations that provided evidence that the provision does not provide more extensive protection or cover children in a wider range of settings. Committee members remain to be convinced that the abuse of trust provision is comprehensive and expansive enough to provide the protection to which all children and young people are entitled from adults in positions of trust. <BR /> <BR />Given those genuine concerns, the need for a robust, regular and ongoing review mechanism to provide for a review of the evidence of risk of harm was of even greater importance. The Committee welcomed the Assembly's support for its amendment to the legislation to provide for that.”
“While the Committee welcomes the changes to the legislative framework, which will strengthen the arrangements and go some way to improving the response to the unacceptable reality of child sexual exploitation in Northern Ireland, it is important to acknowledge that there is much more work to be done in that area. I have no doubt that the next Justice Committee and Justice Minister will return to that. <BR /> <BR />The protections provided in the Bill have been enhanced by new provisions that were brought forward by the Minister to extend abuse of trust to include certain activities in sports or faith settings. I do not intend to rehearse all of the background to the Committee's position on that provision.”
“To address its concerns, the Committee tabled amendments to provide for a separate and stand-alone reckless element to be included in the upskirting or downblousing offences to cover situations in which a person is reckless as to whether the victim is humiliated, alarmed or distressed. The Committee welcomes the support of the Minister and the Assembly for those amendments They provide a more robust approach to those offences and should better protect victims from that unwanted behaviour, which should not be tolerated in any shape or form. <BR /> <BR />Part 1 also implements a review of the law carried out by the Department of Justice on child sexual exploitation and sexual offences against children.”
“The Committee was concerned that, as originally drafted, the scope of the offences was framed too narrowly, with a requirement to prove that the perpetrator had acted with the intent of looking at the image for the purposes of sexual gratification or using it to humiliate, alarm or distress the victim. Committee members were also not convinced that the offences would satisfactorily address scenarios in which they were committed, or it was claimed that they were committed, for the reasons of banter or group bonding.”
“As I will do throughout my comments, I place on record my appreciation for what has been achieved to bring us to this point. <BR /> <BR />The Bill underwent extensive and detailed scrutiny and debate. The Committee Stage and the lengthy debates at Consideration Stage and Further Consideration Stage resulted in a large number of amendments being made to the Bill and the addition of a range of new provisions that have improved and strengthened the legislation to provide protections for some of the most vulnerable — the victims of sexual abuse, child exploitation, human trafficking and modern slavery. That is most welcome. <BR /> <BR />As the Minister outlined, Part 1 of the Bill introduces the new offences of upskirting and downblousing.”