Declan McAleer
West Tyrone · Sinn Féin · Northern Ireland
“The regulations are designed to strengthen and complement the existing framework governing the welfare of animals at the time of killing. They build upon EU regulation 1099/2009 and the Welfare of Animals at the Time of Killing Regulations 2014, ensuring that the North maintains high standards of animal welfare.”
“Inspectors are granted clear powers to enforce the regulations, including the ability to enter premises, carry out inspections and, where necessary, seize evidence to ensure compliance. Enforcement notices may also be issued where breaches are identified, with appropriate mechanisms in place for appeal.”
“<BR /> <BR />From a resource point of view, which is another key debate, and looking at the practicalities of the Bill, we must not create a situation in which councils will be expected to take on significant new responsibilities, incur substantial costs and manage increased workloads without the necessary resources.”
“I will follow on from the key points made by my colleague Aoife Finnegan MLA. First, I record our appreciation of the Committee staff, including Janice and Glenda, for the work that they did. I also thank the Bill Office for its assistance during our scrutiny of the Bill.”
“We support the ambition of the Bill — we made that clear at First Stage and at Committee Stage, and we have made it clear today — to give councils stronger powers to intervene. However, the stronger powers must be accompanied by a framework that is properly resourced, legally robust and workable.”
“There are three council areas in our West Tyrone constituency, for instance. <BR /> <BR />We heard a lot from NILGA and received correspondence from SOLACE about the costs and the fear that costs could not be recovered. If legal challenges were brought to councils about notices that were made, it would be costly to the ratepayer.”
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“That is all that I have to say on behalf of the Committee on the first group of amendments.”
“<BR /> <BR />Clause 15 enables the Department to adjust a carbon budget by carrying forward any unused budget to a future period, and carrying back up to 1% of a budget to a previous period. Many stakeholders expressed concern about that provision, so members sought assurances from DAERA about the intent and scope. The Committee was advised that clause 15 could not be used to weaken climate action, given that the carbon budgets must be set at a level to meet the overall targets, and that any plans put in place to meet a budget would be in the process of being implemented before consideration was made to adjust a budget. The Department must also liaise with Departments and the UK CCC before making any proposal to adjust a carbon budget. On balance, the Committee considers that a reasonable safeguard.”
“That is a well-established system in other jurisdictions to monitor progress on emissions. <BR /> <BR />Clauses 11 to 15 set the mechanisms by which the Department will make carbon budgets that will set maximum emission levels on a five-year basis. The Committee heard evidence that that is a methodology that is applied in numerous regions to measure emissions reductions and broadly welcomes the adoption of that approach. The Committee questioned whether the scope of the budgets could be expanded to include other environmental indicators, such as nitrogen efficiency, ammonia emissions and biodiversity targets. While members recognise the importance of measuring those indicators, on balance, the Committee did not agree to seek an amendment to the Bill as they might be more effectively addressed by different legislation.”
“The Committee welcomes the pledge by the Minister and the Department that the intention of those clauses is not to reduce climate action but to ensure that there is flexibility in the Bill to adapt to any future changes that may be made in international accounting practice. The Committee also supports the subsequent amendment No 9, which was tabled by the Department to amend clause 4, and will ensure that the emission targets and years can only be made more ambitious. <BR /> <BR />The Committee did not identify any issue of concern with the provisions, as drafted, in clauses 6 to 8, and broadly welcomes the proposals under clauses 9 and 10 that would allow DAERA to establish a scheme to track carbon usage and credit and debit carbon units between various periods.”
“<BR /> <BR />To support that amendment, the Department has suggested a number of necessary consequential changes via amendment Nos 12 to 14, 17, 31, 55, 59, 64 to 66 and 75. The Committee is content with those amendments, as drafted by the Department. <BR /> <BR />Clauses 4 and 5 make provision for DAERA to adjust emission target years and baselines through regulations in the future, subject to preconditions established in later clauses. The Committee reflected the strong concerns raised by stakeholders that, theoretically, those clauses may be used to delay action on climate change, and requested that the Department consider amending the provisions to ensure that that would not happen.”
“Members also recognise that representatives from the agri-food sector have been particularly vocal in their calls to support the Bill's emission targets because they will maintain our ability to produce high-quality meat and dairy products. <BR /> <BR />In the event, the Committee did not come to a unanimous position on the overall emissions target, but the majority of members supported the Bill. The Committee did, however, recommend that the Department amend clause 1 to take full account of the CCC's advice that there should be a net zero CO2 position by 2050 as part of the overall 82% reduction in greenhouse gases, and it was content with the corresponding amendment No 4, which was tabled by the Minister.”
“<BR /> <BR />The Committee, and, I am sure, most of the House, welcomes the progression of local climate change legislation that will allow our businesses, the agriculture sector, industry and the public service to move forward with policies and plans and play their part in the global effort to reduce climate harm. <BR /> <BR />I will move to the Committee's views on the Bill and the amendments in group 1 that were proposed by the Committee. Clauses 1 to 3 set out targets to achieve a reduction in greenhouse gas emissions by at least 82% by 2050 and interim targets for 2040 and 2030 in line with advice from the UK CCC. The Committee recognises the strong divergence of opinion on those targets, with many stakeholders feeling that they do not go far enough, while others consider that they are based on sound scientific advice.”
“That will ensure that the Bill provides an effective framework for all sectors of the economy to move forward and reduce emissions in a just, fair and transparent manner and to ensure that the needs of the most vulnerable sectors of society are taken into account in the deployment of strategies to meet climate action. <BR /> <BR />We all have a responsibility to change in order to avoid irreversible harm to the planet. We owe it to children, young people and future generations to ensure that we take the necessary steps to mitigate climate change now so that they are not left in an even worse situation with a need for more radical change.”
“<BR /> <BR />In order to inform our views, we commissioned briefings on the Bill from colleagues in the Research and Information Service to hear how it compares with other legislation and about the potential financial impacts of pursuing different emissions targets. The Committee recognises the need for climate change legislation here and considers that the amendments that we have recommended to the Department will significantly strengthen the Bill and embed the principles of just transition and transboundary working at the heart of the legislation, as well as committing the Department to scoping the future introduction of a locally based entity for independent scrutiny and advice.”
“We also took evidence from the UK CCC to hear its advice and projections for a reduction in greenhouse gas emissions locally, and we heard from the Scottish Just Transition Commission in order to learn how it has embedded those principles in policy in Scotland. <BR /> <BR />Through our engagements, we heard from respected academics in climate change law and governance. We heard about the importance of establishing robust local legislation with sufficient ambition in order to boost our environmental reputation and ensure that our economy does not fall behind those of our neighbours as businesses increasingly seek investment opportunities in green growth markets.”
“The overwhelming majority of respondents want to see greater collaboration between jurisdictions on a transboundary basis to address climate change, because it cannot be tackled by working in isolation. There was significant support for the establishment of a locally based entity to provide independent advice and scrutiny of climate change policy and government action. <BR /> <BR />In addition, the Committee held a number of oral evidence sessions with 20 stakeholders, including those representing the local agri-food industry, environmental groups, local government, small businesses, rural communities and the waste management sector. We also received oral briefings from the Department and engaged closely with officials in our deliberations to clarify issues and flesh out some of the concerns that were raised.”
“The majority of respondents welcome the Bill's introduction, but many have concerns about its ambition, particularly the overall emissions target, and they would prefer to see a net zero position legislated for. However, others welcome the target of a reduction of emissions of at least 82% by 2050 as that is in line with the advice from the UK CCC. Most people support the proposed system of carbon budgeting, but concerns were raised about some of the provisions that would enable its adjustment. There were significant concerns about the lack of provision for a just transition to support different industries to make the move to greener climate-friendly practices.”
“Overall, we received over 1,000 responses to our call, and they comprised returns from citizens as well as from organisations representing the agri-food, environment, energy, building, transport and business sectors. We also had some fantastic and robust engagements with local schools, and we engaged with around 300 pupils. The Committee was struck by the almost universal desire from stakeholders to see climate change law introduced here and by the profound frustration due to the fact that we are the only part of these islands that does not have climate change legislation. We need to rectify that, and the Committee welcomes the progression of legislation to address that gap. <BR /> <BR />We heard a number of key messages from those who responded to our call for evidence.”
“<BR /> <BR />The Committee acknowledges that all sectors of the local economy will be affected by the climate change law and that all industries will have to adopt new ways of working and introduce innovations to reduce their impact. That will not be easy. The task will be hard and long, and it is important that the laws that we put in place not only enable effective and ambitious change but provide appropriate safeguards to protect those who will be most affected by the transition. <BR /> <BR />Given the profound and wide-ranging implications of the Bill, the Committee undertook an extensive call for evidence to seek views from the public and stakeholders on the proposals.”
“<BR /> <BR />At the COP26 conference in November, we heard about the profound impact that climate change has had on other parts of the world. We heard about the imminent risk of the complete loss of animal and plant species because of climate change and about the threats to people's homes and livelihoods. The Committee recognises the challenges posed by climate change, and the pledge from nations across the globe is to take stronger actions in order to meet the Paris agreement objective of maintaining global warming at well below 2°C by 2050. That is why it is crucial that we establish local climate change legislation. We need to provide an effective and deliverable framework to reduce our greenhouse gas emissions and do our fair share in the global movement to mitigate harm from climate change.”
“We are seeing the effects of climate change locally: the average annual temperature has risen by about 9% since the 1960s, and our climate is increasingly mild and wet. The evidence is unequivocal: we are responsible for the harm caused to the planet. <BR /> <BR />Human activity and the generation of greenhouse gases from industry, travel and consumption have caused profound global warming over the last 200 years, leading to changes in the natural environment and weather patterns. The challenge is clear and stark: we all have a responsibility to do our part to mitigate future environmental harm. To avoid irreversible harm to the planet and future devastation, large and small nations, young people and older generations must change how we live, work and travel.”
“I welcome the opportunity to speak, as Chairperson of the AERA Committee, on the Climate Change (No. 2) Bill that has been introduced by the Minister and to outline the extensive work that the Committee has undertaken over the last number of months in its scrutiny. <BR /> <BR />Climate change is, arguably, the most important issue facing society. The House will be aware of the increasing number of natural disasters and extreme weather events being reported around the globe, leading to ecological devastation and loss of life. Christian Aid recently reported that the 10 worst climate disasters last year accounted for $1·5 billion or more in economic losses and thousands of deaths.”
“I thank the Minister for his statement and I very much welcome his announcement. At the height of the pandemic in my locality of the Murrins outside Omagh, I saw at first hand the vital work that those services carried out to protect rural people when, in that instance, a gorse fire happened. <BR /> <BR />Can the Minister provide a little bit more information as to which areas, such as the Mournes or any other parts of the North, will benefit from this very worthwhile capital investment?”
“I thank the Minister for his statement. He will be aware that rural communities benefited greatly from the EU's rural development programme, which provided a seven-year ring-fenced budget and included projects that were driven from the bottom up by local communities through LEADER. Obviously, as a consequence of Brexit, we have been removed from the EU rural development programme, and we have seen no progress on the UK's Shared Prosperity Fund, which was supposed to be the pot that the British Government would provide to replace that lost funding. Will the Minister give an indication of what budget, he believes, will be available for funding the new rural policy?”
“The Bill will strengthen the legal protection of those animals and bring into effect appropriate punishments for individuals who harm them in carrying out their duties.”
“<BR /> <BR />While we did not engage directly in the scrutiny of the legislation, because we supported the principle for accelerated passage, the Committee is wholly supportive of the merits and principles of the Bill, which will prevent perpetrators who harm service animals from relying on an argument of self-defence and make them subject to appropriate legal penalty. The extension of protection to animals that are working across a range of services is welcome and will ensure that those highly trained animals, which serve the public good, are recognised and protected for their actions. <BR />While the Committee hopes that the legislation will never have to be invoked, we know, unfortunately, that animals acting in service can often be the victims of brutal injuries.”
“I welcome the opportunity to share the views of the Committee for Agriculture, Environment and Rural Affairs at the Final Stage of the Animal Welfare (Service Animals) Bill. The Committee welcomes the passage of the Bill and the positive debates that have taken place throughout the Bill's stages. Members also acknowledge the overwhelming public support for the legislation and the strong opinion from all sectors of society to put in place appropriate safeguards to enhance animal welfare in all guises.”
“I thank the Minister for her response. In relation to the HIA redress process, has there been any progress regarding the contribution from the religious institutions?”
“I thank the Minister for his statement. Minister, I share the concern about the significant reduced capital requirements across Departments. I am disappointed that DAERA has declared £10·1 million. <BR /> <BR />There are potential opportunities to support rural communities through, for example, boosts to rural development programmes, particularly in the context of lost EU funding because of Brexit, farm business improvement schemes and Project Stratum, to name but a few. Would the Minister support such initiatives if the AERA Minister were to bring them to him?”
“It is important that we all take this opportunity to weigh in behind the project and reaffirm our support for it and for the Department to work meticulously and get prepared for the public inquiry, which will happen later this year and will leave us in a situation where we can get the project started without further delay. We owe it to the people of the north-west to improve road safety, and we owe it to the families and to the next generation.”
“Even if the road were upgraded to a "two plus one" standard, you would still have the situation where local traffic is interfacing with through traffic, which is the strategic traffic. Even in a "two plus one" standard, you would still have to create an additional two parallel lanes to facilitate traffic because they could access directly on to "two plus one" only at certain points. Even in that so-called alternative, the land take would likely be even bigger than a proper dual carriageway, and the confusion, disruption and delays over many years would be enormous, and we would still not end up with a safe road. <BR /> <BR />In conclusion, there is no alternative to a new A5 dual carriageway.”
“<BR /> <BR />It was quite rightly pointed out earlier that the A4 is a really good example. Since the new A4 dual carriageway was built, you rarely, thankfully, hear of accidents on it. The original A4 has returned to being a local road, which is what it was built for, and the new A4 dual carriageway takes that through traffic. We need the A5 to be returned to a local road, with the A5 dual carriageway performing the same function as the A4 dual carriageway. <BR /> <BR />I recall from previous public meetings that I attended, which were headed up by Professor Pat Darcy, who was an avid supporter of the A5 dual carriageway project, that the point was made that 1,300 individual access lanes and local roads link on to the A5, and every single one of those 1,300 access lanes and roads are accidents waiting to happen.”
“Some critics of the scheme who want to block it or do not want it to go ahead for other reasons say that we do not need a new road and can just upgrade sections of the existing road to a "two plus one" standard with additional passing bays etc. I reiterate: that would not suffice. We need a full offline A5 dual carriageway. We need a new road that segregates local traffic — farmers moving between their fields, parents taking their children to school and people going to Mass or the local shop — from the through traffic of people who are commuting from the north-west to Belfast or Dublin or moving goods and materials between the north-west and Dublin. Unless we have full segregation between local people moving through their community and that through traffic, accidents will continue to happen.”
“The mother of one of the young fellas killed three weeks ago made calls on social media today for that area to be made safer. As someone who uses that road at least three days a week — I will be back up again tomorrow — I have to say that, for every accident that happens, there are many near misses. If you drive along that road, you have your heart in your mouth all the time. <BR /> <BR />In the interim, the road really needs to be upgraded, but, in the long term, we need to see the construction of the A5 dual carriageway to improve road safety, for the economic development of the north-west and as an important east-west route here in the North. <BR /> <BR />I support what was said earlier. The people who are objecting to and blocking the scheme need to reflect seriously.”
“It is important to underline the fact that the A5 is an Executive flagship project, and it should be delivered. In the interim, it is important that we see road safety improvements, particularly at Garvaghy, which was the site of the most recent accident and of so many fatalities over the years.”
“I could never imagine how that could be dealt with. I express my sympathy and solidarity with the families.”
“I thank my colleague Nicola Brogan for bringing this important debate to the Chamber, and I am glad to see that the Minister is present. I very much welcome that. <BR /> <BR />I begin by extending my sympathy and support to the families of all road traffic accident victims, including the 42 who have died on the A5 since 2006, and the three young fellas — Nathan Corrigan, Petey McNamee and Peter Finnegan — who sadly passed away after a road traffic accident on 27 December. As a parent of young people who are out and about, I can say that that is one of your worst nightmares. The thought of a knock to the door to say that something has happened to your child when they have been out and about is an absolute nightmare. I was reflecting on that as I stood out on New Year's Day at one of the funerals.”
“I thank the Minister for his response. Minister, the policy consultation that you published just before Christmas recognises the under-representation of females in farming in general and particularly at farm leadership level. However, the policy does not outline any schemes or proposals to redress that imbalance. Will we see any concrete proposals from the Department to help to redress that historical imbalance?”
“I thank the Minister for her response. She will appreciate that good progress has been made through the Domestic Abuse and Civil Proceedings Act, the Protection from Stalking Bill and, indeed, the Gillen review. The Minister will also appreciate that, amongst young women, confidence in the justice system is at an all-time low, and that impacts on the reporting of crimes and on conviction rates. What more does she think can be done to improve confidence in the justice system and to drive up reporting and conviction numbers?”
“I want to focus on those "certain circumstances". Apart from the obvious mental anguish that this brings to bird keepers who must contend with huge economic damage to their businesses and livelihoods, what are the circumstances in which this may impact on human health?”
“I thank the Minister for his statement and welcome the fact that DAERA is treating this issue with the urgency that it deserves. I also thank the Minister for the fact that his officials came to the Committee on Thursday to give us a briefing on this issue. <BR /> <BR />Minister, you said that this disease:”
“So, I implore everyone to be on their guard and to take the appropriate mitigation measures now.”
“If bird keepers have not already done so, they should download the biosecurity self-assessment toolkit from the Department's website. Practical steps, such as keeping birds inside in order to prevent transmission, placing a net over outdoor coops, fencing off ponds, ensuring that there is no shared drinking water between kept birds and wild birds, washing your hands, changing your boots, and using disposable boiler suits, can play a huge part in helping to stop the spread of this deadly disease. <BR /> <BR />I acknowledge the work of DAERA officials to date and underline the importance of a joined-up approach between the Department, councils, the Public Health Agency (PHA), DAFM in the South and bird owners. Given the cold weather that we are experiencing, it is likely that avian flu will be with us until the spring.”
“<BR /> <BR />There have also been four confirmed outbreaks in Monaghan and Cavan, and the control zones surrounding those outbreaks extend into the North. A cross-border approach is vital, and we are glad to note, from the briefing that we received on Thursday, that DAERA is working collaboratively with its colleagues in the Department of Agriculture, Food and the Marine (DAFM) in the South. <BR /> <BR />The native wild bird population has been affected by this strain, which was carried here by migratory birds, so it is imperative that bird keepers, whether of commercial or backyard flocks, do everything that they can to separate kept birds from wild birds. I reiterate the advice from the Minister and the Chief Veterinary Officer, Robert Huey, that poultry farmers must act now.”
“This afternoon, I will speak about avian influenza. Unfortunately, over the weekend, we learned of two more suspected cases of bird flu in Tyrone and Armagh, where almost 30,000 birds and ducks will have to be culled. Last week, two cases of the highly pathogenic H5N1 avian influenza were officially confirmed in a commercial block in Aughnacloy, where 25,000 ducks had to be culled humanely, and in a backyard flock in Broughshane. We are witnessing the largest ever outbreak of avian flu here, which, if not controlled or mitigated, could pose a very serious threat to the poultry industry and international trade. The impact is not only financial but mental and emotional. DAERA, with its partners, must continue to provide financial support to all those who have been impacted.”
“While that is relatively rare, it happened on six occasions in 2020. Therefore, it is necessary to bring in that safeguard. <BR /> <BR />The Examiner of Statutory Rules considered the provisions on the Committee's behalf and highlighted no concern or issue. At its meeting on 2 December 2021, the Committee, therefore, recommended to the Assembly that the regulations be affirmed.”
“The regulations will also prevent the transfer of entitlements by a farm business to the regional reserve in the year of application or in the two years prior to that, and they have been proposed to prevent gaming of the payment scheme. <BR /> <BR />The third provision will set a five-year limit for farm businesses to apply for the young farmer's payment, even if there is a change in the head of holding. That will avoid farms unfairly seeking additional payments over many years. <BR /> <BR />The Committee wrote to the Department seeking further clarity on the provision relating to the transferring of entitlements from the regional reserve. The Department provided a detailed response that the Committee considered at our meeting on 25 November explaining how farm holdings can unfairly profit from such practice.”
“I welcome the opportunity to outline the views of the Committee on the regulations. The regulations build on similar measures that were implemented by the Department last year to simplify and improve the system of direct payments for the 2022 scheme year. On 28 October 2021, the Department notified the Committee of its intention to make the regulations. The Committee considered them initially at its meeting on 4 November. The Committee welcomes the proposed changes and considers that they will go some way towards improving fairness in the allocation of payments and preventing unscrupulous behaviour. <BR /> <BR />The limitation on the number of times that a business can apply to the regional reserve will set a cap on the number of applications at a reasonable and fair level.”
“The Member will be aware that both Climate Change Bills are taking up the vast majority of the Committee's bandwidth at present. We are also dealing with the Horse Racing (Amendment) Bill and other important pieces of policy, such as the new environment policy and the new agriculture policy. The Bill will require more in-depth and thorough scrutiny at this juncture to give it due consideration.”
“The legislation as it stands is unworkable and would require significant additional time in Committee to rectify that. That is time that we do not currently have, given the challenges of other legislation, such as both Climate Change Bills. <BR /> <BR />I have no doubt that the issue will be revisited in the next mandate when the appropriate time can be set aside to examine it in the round and to work alongside stakeholders to see what legislative changes are needed, if any. It is my view that the process would be best taken forward by the Department of Agriculture, Environment and Rural Affairs and its Minister in the next Executive, through a public consultation process in the first instance.”
“<BR /> <BR />The Committee heard about the significant number of responses that the Bill sponsor received to the consultation, indicating the strength of feeling from members of the public on the issue. Notwithstanding the commitment that the intent of the Bill is to ban hunting with dogs, there is a strong lobby that considers hunting with dogs to be an important economic and recreational outlet, particularly in rural communities. We did not take a position on the Bill, but, should it pass its Second Stage today, we will engage on all the matters raised with the Bill sponsor and various stakeholders. <BR /> <BR />I will add some comments from my perspective as Sinn Féin spokesperson on agriculture and rural affairs. Sinn Féin does not agree with a ban on hunting. There are elements of the Bill that we agree with, however.”
“Members of the Committee acknowledged that those criteria are broadly reflective of other laws but consider that greater time and scrutiny will be required to explore the issues to determine their appropriateness. <BR /> <BR />Clause 5 establishes the penalties that may be imposed through the Bill. An individual who is found to commit an offence may be subject, on summary conviction, to imprisonment for up to 12 months and/or a fine up to £20,000, and, on indictment, to a prison term of up to five years, in addition to a possible fine. Those penalties are similar to provisions in other Acts, but greater time to review them is required in order to consider the proportionality of the penalties in the context of the very low conviction rates seen in England and Wales for similar breaches.”
“Terrier work, which involves the use of dogs underground to flush a wild mammal, is likely to cause the hunted animal distress and can also be dangerous to the participating dog, with a risk of injury associated with operating underground. <BR /> <BR />Clause 4 sets out exempted activities. The use of dogs to hunt rats and mice will be permissible. It will also be permissible to use dogs to hunt wild mammals if all the following preconditions are met: the hunting is carried out to prevent damage to livestock, crops, property or the biodiversity of an area or to obtain meat for consumption; each person who occupies the land on which the hunting will take place has given consent; no more than two dogs are used; and the wild mammal must be shot dead as soon as possible by a competent person.”
“Related to that, members highlighted the fact that clause 6, which sets out how the Bill's provisions are to be interpreted, has a very wide scope and will potentially lead to individuals engaging in appropriate activity being sanctioned, penalised or restricted unnecessarily. <BR /> <BR />Clauses 2 and 3 of the Bill will ban the use of dogs in trail hunting and terrier work respectively. The Committee heard that trail hunting, whereby a dog is induced to follow the scent of an animal by artificial or actual means, has been used in some areas by people to circumvent a ban on the use of dogs, so it has been included in the Bill as a way of closing that gap.”
“Clause 1 will make it an offence to organise or participate in the hunting of wild mammals with dogs. The Committee acknowledges that the use of dogs will invariably lead to distress for other animals and potentially cause additional suffering. <BR /> <BR />The Committee was advised that, in order to bring a prosecution or impose a penalty under the Bill, there will be a threshold test to prove active participation and pursuit of a wild mammal using a dog. Members raised questions about that and were concerned that there may be insufficient safeguards to protect individuals who find themselves in a situation in which their dog independently chases a wild mammal.”