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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“<BR /> <BR />During the course of our evidence-gathering, and even from listening to the regional presidents of the Irish Farmers' Association, the case has been made that many farms in marginal areas are already carbon-neutral. The Minister is very quick to point to north Antrim, Fermanagh, west Tyrone and all that and say that the only solution to reduce emissions is to cut livestock. He needs to provide a proper carbon calculator for farmers to see where they currently are rather than just scaremongering and saying that the only solution to addressing emissions is to reduce livestock.”
“I thank the Minister for giving way. There are no parties in the Chamber that want to export our food production. We have seen during the course of the pandemic how important our local secure food supply is. Look to the South of Ireland and some of the work that Teagasc has been doing with its marginal abatement cost curve. It has been working with farmers to help them to reduce their emissions with on-farm solutions around the use of urea fertiliser, low-emission techniques, incorporating seaweed into cattle diets and reducing the crude protein in cattle diets. Those changes can happen on farm. Indeed, it is stated on the DAERA website that, rather than reducing cattle numbers, changes can be made on farm.”
“That is why it is incredibly important that the Committee has the opportunity to scrutinise the Bill and to ensure that any climate change legislation that is introduced is effective for our local public institutions, economy and society. That said, the Committee welcomes the Bill and looks forward to scrutinising it, should Members pass it today.”
“I assure the House that the Committee is committed to addressing that potentially complex challenge and to considering the Bill before us today on the basis of its individual merits and potential consequences <BR /> <BR />The scale of the climate change challenge is enormous and affects us all. How we live, work, travel and do everyday things will have to change if we are to mitigate the harmful impact to our environment. Not only that, but we have a duty to younger and future generations to put in place mechanisms to avoid further damage from climate change and to ensure that they do not have to deal with an even worse situation.”
“Therefore, should the Bill pass today, the Committee looks forward to the opportunity to consider those issues as part of its scrutiny and to engaging with members of the public and organisations on those matters. <BR /> <BR />Members will be aware that, in August, the Committee launched a public call for evidence on the Bill. It was not undertaken to pre-empt the outcome of today's debate; it was simply a method of gaining views from stakeholders on the salient aspects and issues in the context of the Committee's wider workload and programme going forward. Members will also be aware that, should the Bill pass today, the Committee will be in the unique position of scrutinising two pieces of legislation that ostensibly cover the same policy area.”
“The Committee welcomes the proposal in Part 4 that stipulates that the UK CCC will provide a report to DAERA on its consideration of progress made and any relevant recommendations against climate change adaptation programmes laid by the Department with the Assembly under section 60 of the Climate Change Act 2008. That should help to ensure greater oversight and independent accountability of such programmes introduced through the House. <BR /> <BR />In summary, on the face of it, the Committee broadly welcomes and supports the principles of the Bill in relation to facilitating greenhouse gas reductions; introducing a system to monitor progress; reporting on climate change; and obtaining independent advice on and scrutiny of local measures. However, as is so often the case, the devil is in the detail.”
“Whilst the UK CCC is considered to be a world-leading and credible source of expertise on climate change policy, there are other organisations that could provide useful oversight of and advice on local climate change action. <BR /> <BR />There is also a need to consider the most appropriate mechanism for independent oversight, given the unique circumstances of sharing a land mass with a different jurisdiction that could have different policies on climate change. Climate change does not recognise borders. The Committee understands the importance of local organisations working with entities in other jurisdictions so that actions taken here accord with those of our neighbours.”
“That is essential to assure citizens and organisations that performance against emissions targets is being objectively assessed and that recommendations can be made by an independent entity to stimulate improvement. <BR /> <BR />Part 4 sets it out that the UK CCC will be the primary responsible body for reporting on local progress in meeting the climate change goals by sending reports to the Department following the completion of each carbon budget period and each of the interim target years. The Department will be compelled to lay with the Assembly a response to any CCC independent report. The proposed method of obtaining independent oversight is one that the Committee intends to consider carefully as part of its scrutiny.”
“That is an interesting aspect of the Bill and one that the Committee will consider carefully. In other jurisdictions, such as Scotland, climate change legislation places an automatic duty on public entities, including Departments, councils and arm's-length bodies, to report on their climate change mitigation and adaptation activities. In recent weeks, the Committee has heard the strong message that members of the public and, indeed, public authorities are keen to see more responsibilities placed on local institutions with respect to their climate change actions. A crucial aspect of climate change legislation is how it caters for the independent oversight and scrutiny of government action.”
“The Committee is conscious of the need to ensure that a robust accountability framework is in place to hold government to account for delivery against climate change, and effective reporting is central to that. A key message arising from the work of the Committee in recent weeks is this: individuals and organisations want to be able to see clearly what progress has been made, what the direction of travel is and whether we are on course to meet targets. It is therefore important that the Committee review the proposed reporting framework to ensure that it will facilitate transparency and accountability. <BR /> <BR />Part 3 also confers on the Department powers to impose climate change reporting duties on specific public bodies following consultation.”
“The Committee understands that all local government departments will be jointly responsible for achieving the carbon budgets and providing the Department with information on the strategies and policies that will be taken forward to achieve the emissions limits. The process for developing, laying and reviewing carbon budgets is an essential component of the Bill, and the Committee looks forward to engaging with that in detail as part of its scrutiny, should the Bill pass today. <BR /> <BR />Part 3 establishes a mechanism for progress reporting and sets out a timetable for how frequently the Department will lay progress reports in the Assembly that will document the achievement of the carbon budgets and recommend measures to address non-compliance.”
“We know that many stakeholders, particularly representatives of the agri-food sector, welcome the advice and recommendations of the CCC in that regard and that many others feel that we should be more ambitious and legislate for a net zero emissions position. It is a complex and significant decision, and it is therefore only right and proper that the Committee have adequate time and space to consider the implications and detail in order for it to come to an informed position on what the greenhouse emissions targets should be and what flexibility should be afforded. <BR /> <BR />Part 2 sets out proposals for the Department to establish carbon budgets that will set the maximum permissible greenhouse gas emissions on a five-yearly basis.”
“Those targets are in line with advice provided to the Department and the Committee by the UK CCC on what is deemed to be currently achievable on local greenhouse gas mitigation. Part 1 also gives the Department the power to amend the emissions target years and baselines, subject to certain justifications. Any proposed change must be in line with the CCC's recommendations and will have to be ratified by the Assembly. <BR /> <BR />The Committee is acutely aware of the potential and profound implications for different sectors of the economy associated with any greenhouse gas emissions target.”
“<BR /> <BR />The Bill has 41 clauses, divided into five Parts, and would provide a legal framework for climate change mitigation locally through the following aims: setting targets for the reduction of greenhouse gas emissions for 2030, 2040 and 2050; establishing a system of carbon budgeting and independent reporting on the attainment of those budgets; providing for a duty to be applied to public bodies in respect of climate change reporting; and creating a process to receive advice and independent reports from the UK Climate Change Committee. <BR /> <BR />Part 1 of the Bill covers emissions targets and outlines how global greenhouse gas emissions will be at least 80% lower than baseline levels by 2050. It also sets interim targets for 2030 and 2040.”
“The Committee received a briefing from departmental officials in March on the principles and policy aims of the intended Bill, following the completion of the Department's consultation. Members received a written briefing to update it on the progress of the Bill in May, and it was formally introduced in the Assembly on 5 July 2021. The Committee looks forward to hearing further oral evidence from departmental officials on the Bill on 14 October, should it pass its Second Stage today.”
“In advance of COP26 in November, countries across the world are being asked to do more to meet the global challenge to reduce harmful greenhouse gas emissions and change how we live, work and travel in order to be more environmentally friendly. There is a collective responsibility, and we all have a duty to play our part. It is in that context that the Committee welcomes the introduction of the Climate Change Bill sponsored by the Minister. <BR /> <BR />Members are aware that the Committee has engaged in extensive activities in recent weeks to gather evidence and information to help inform its deliberations and scrutiny of the climate change legislation. It stands ready to accept the Minister's Bill for scrutiny.”
“I welcome the opportunity to speak as the Chairperson of the Committee for Agriculture, Environment and Rural Affairs on the Climate Change (No. 2) Bill that the Minister has introduced. <BR /> <BR />Climate change is one of the most profound challenges facing our society. In recent months, we have seen the devastating impact that global warming has caused to our natural environment, with intense flooding in central Europe, unprecedented heatwaves in Canada and extensive wildfires in California. In August, the Intergovernmental Panel on Climate Change (IPCC) reported that progress to mitigate climate change had not gone far enough. It is more likely than not that the Paris pledge to limit warming to less than 1·5°C by the middle of the century will be missed.”
“I have a follow-on question. The DUP leader is threatening the stability of these institutions. What would be the Minister's assessment of the DUP walking out of the Executive? What impact would that have on agreeing and allocating this funding, and getting it out to rural community and voluntary organisations and, indeed, to all the community and voluntary organisations that badly need it?”
“I thank the Minister for her response. One college on which I have lobbied her Department frequently is the Dean Maguirc College in Carrickmore. Her colleague, former Minister Weir, paid a ministerial visit there earlier this year. The college is in need of additional space and investment, and a project is in the pipeline. The Minister may not have the detail of that specific case. If she has, that would be great, but, if not, could I be updated on that project in due course?”
“I cannot understand how the Economy Minister cannot work out that a shortage of CO2, which is so crucial to various industries across the North, is not pertinent to his Department. It is crucial that he reflect on that, because the issue needs to be got to grips with. <BR /> <BR />In conclusion, there are many crises facing the agri-food and farming industry. There needs to be action on those issues. Access to labour is crucial, as is addressing the CO2 shortage. If those issues are not acted on immediately, our agri-food industry, which is already under severe pressure, will be absolutely crippled.”
“Members will be aware that CO2 is vital in many industries, particularly the poultry and pig industries, where it is used in the humane slaughter of pigs, and, indeed, in food processing and packaging. <BR /> <BR />There was a very bizarre exchange in the Chamber yesterday when my colleague Gerry Kelly raised the issue with the Economy Minister. The Economy Minister said:”
“That will obviously have an economic impact on farmers and the food industry, and it raises a potential welfare issue for those pigs. As we approach the Christmas season, this issue will become even more pertinent. <BR /> <BR />As Chair of the AERA Committee, I have written to the British Home Office and DEFRA to highlight those concerns and to make a number of asks around relaxing immigration rules, extending settled status beyond June, including butchers and processing workers on the shortage occupation list, and looking at the possibility of compensation for those impacted by the crisis. <BR /> <BR />On top of the crisis, we have, in recent times, become aware of a severe shortage of CO2 in the North. It is estimated that we have seven- to 10-days' worth of CO2 in the North.”
“I want to speak this morning about the labour shortage in the pig industry and the crisis that that is creating. We are facing a potential crisis in the pig industry as a result of labour shortages, which are a consequence of Brexit and a very hostile British immigration policy. That has made it very difficult for agri-food to attract agri-food workers, and many of our EU workers have left as a consequence of Brexit. <BR /> <BR />It is essential for the future of the agri-food sector in the North that we can continue to recruit EU workers. When I met the Ulster Farmers' Union earlier in the summer, it flagged up the crisis, and we have had more briefings on it since. It is estimated that about 25,000 pigs, which should have been culled, are backed up on farms.”
“However, I reiterate the exceptionally limited time frame that the Committee had to consider the provisions due to the need to provide feedback in advance of today's debate and the Westminster legislative deadline. The Committee hopes that the Environment Bill, as amended, will help to bridge the legislative gap in environmental governance that has been caused by Brexit, but it considers that additional local policy provision will be required in the months and years ahead in order to provide appropriate safeguards to protect the health of our environment and our ecosystems.”
“That amendment will compel the Department to submit draft guidance on enforcement matters to the Assembly for scrutiny and recommendation before being issued to the OEP. The Committee welcomes that amendment, as it will ensure local oversight and accountability of enforcement advice that is issued in respect of environmental transgressions. <BR /> <BR />In summary, the Committee's views and concerns regarding substantive components of the Environment Bill remain unchanged from its consideration of those matters last year. The Committee broadly welcomes the specific supplementary legislative consent measures that are being considered today, as they will facilitate improved local oversight and function of environmental governance.”
“The Department informed the Committee that DEFRA will undertake a public consultation on the development of future subordinate legislation, which will be open to respondents outside of the jurisdiction. The Committee welcomes the fact that DEFRA has specifically requested the assistance of local government officials to engage with key stakeholders across Ireland when facilitating those consultations. <BR /> <BR />The Department wrote to the Committee on 29 June to advise of the amendments. It further advised that consent for those supplementary measures would be required before mid-September to align with the anticipated timetabling of the Bill at Westminster. On 27 August, the Department informed the Committee of a further supplementary amendment to schedule 3 that had been introduced following the House of Lords Report Stage.”
“<BR /> <BR />Clause 109 and schedule 16 will amend the Bill to make it illegal for businesses to use forest risk commodities that have not been produced in compliance with the applicable laws in the countries in which they are grown. The Committee welcomes that amendment as a means of prohibiting the potential use of products that are grown irresponsibly and of compelling businesses to demonstrate compliance with appropriate legislation. <BR /> <BR />The Committee was concerned about how future policy and legislation will be harmonised across the island of Ireland on the use of forest risk commodities, as DEFRA will have the authority to pass UK-wide secondary legislation.”
“In February, the Committee received a briefing from officials on two of the proposed supplementary amendments that were introduced after the Committee and Report Stages in the House of Commons and deemed to be outside of the scope of the original legislative consent motion that will have effect here. Those include an amendment to schedule 3, which will provide for the Department to issue guidance to the Office for Environmental Protection on certain matters relating to the OEP's enforcement function locally. Whilst it is unfortunate that any such guidance that is issued by the Department will not be binding on the OEP, it is, nevertheless, welcome that local advice will be heard when decisions are taken in that regard and will be reflected in the powers available to the Minister for Environment, Food and Rural Affairs.”
“The Committee articulated its concerns about the lack of local public consultation and the limited time that had been afforded to undertake scrutiny of the legislative consent motion (LCM) during the debate in June last year. Similarly, due to the legislative timetabling at Westminster, the Committee was given very limited opportunity to scrutinise the additional measures that are being considered. It is in that context that the Committee's view on the supplementary measures is presented.”
“In recent weeks, we have seen the devastating impact of environmental damage, with large fish kills in the Glendurragh river in County Fermanagh and the Three Mile Water in County Antrim due to pollution. A recent report from the Department also highlights the worrying trend of an increased number of waste crimes being reported in 2020 compared with 2018 and 2019. Therefore, it is essential that we have a comprehensive, robust and effective legal framework in place to support environmental governance and to keep our local environment healthy. <BR /> <BR />As Members are aware, the Bill aims to address the legislative gap in environmental policy following Brexit and to provide powers to jurisdictions in respect of a number of areas, including waste and resource efficiency, biodiversity and air and water quality management.”
“I welcome the opportunity to speak today on behalf of the Committee and to outline its views on the supplementary legislative consent that is being sought for the Environment Bill. <BR /> <BR />The Committee considered the details of the Bill last year and provided its assessment to the Assembly during a debate on 30 June 2020, when initial legislative consent was sought and approved. Since then, the Bill has progressed through its scrutiny at Westminster, and it is unfortunate that COVID-19 has contributed to the lengthy time frame for the legislation to be brought forward. <BR /> <BR />Protecting our natural environment is a concern for us all.”
“As the Minister stated, we currently do not have our own veterinary school in the North. As such. our students must access the veterinary school at University College Dublin (UCD). Does the Minister agree that his party's decision to boycott the North/South Ministerial Council (NSMC) can only damage vital cooperation in that area and other areas of the economy?”
“Given that it was an NDNA commitment and part of the basis on which the Assembly was reconvened 20 months ago, when does the Minister envisage that the independent environmental protection agency will come into place? He has been considering it for around 20 months now.”
“I thank the Minister for her response. She has pre-empted my next question, which was on when the report is likely to be published. The Minister stated September 2021, which is five years since it was commissioned. Can she give a commitment that it will be published in September?”
“I thank the First Minister for his response. Is he in a position to indicate when we can expect to see the strategy in place?”
“I seemed to be having technical difficulties. The Minister will be aware that this is a very contentious local issue and that almost 40,000 people have registered objections. Can she give a timeline for the inquiry and an assurance that it will be accessible and will carefully take on board the views of the local community?”
“I thank the Minister for his response. Does the Minister agree that, if the public are to have confidence in the institutions, there should be no delay in the implementation of the recommendations of the RHI report?”
“The Minister referred to North/South cooperation and its importance in our response to COVID-19. Does he believe that, despite the fact that there are two jurisdictions, the island of Ireland is and should be treated as one epidemiological unit? Should that be recognised in agreeing a common travel policy for all arrivals to the island?”
“<BR /> <BR />Can the Minister outline the rationale as to why DAERA requested to reclassify £1·6 million of resource DEL into capital DEL for the common market organisation funding?”
“I thank the Minister for his statement. I want to express my disappointment that DAERA has not bid for any money in the June monitoring round. That is made even worse given the fact that £29·7 million of capital funding has been unallocated. I look at other Departments, such as Communities, which has bid successfully for work that is similar to that carried out by DAERA. For example, the Department for Communities bid for £1·7 million for climate change funding. That brings into question DAERA's ability to forward plan and to scan the horizon for needs that are there. I have flagged up that issue repeatedly here. It is very disappointing for rural communities that there are no bids from DAERA at this time. We need to follow up on that.”
“The Minister may be aware that, last month, the AERA Minister indicated that he was considering the establishment of an island-wide register of people who have been convicted of cruelty to animals. Is she aware of that? If so, does she have any update on progress?”
“First and foremost, does the Member accept that there is a regional imbalance in infrastructure? Does he accept that over the past 100 years, while his party was in government, closing the railways in the west and building the motorway only as far as Dungannon and Toome are probably the main reasons why we have such a severe infrastructure deficit in the west, which is impeding growth and development? It is the duty of this generation to address that.”
“Those are all pilot schemes, but had the policy been developed sooner, they would be not pilots but actual schemes with a good level of funding attached to them, which would have had a better impact in communities. Had the Department moved sooner and finalised the rural policy and engaged in a public consultation exercise before now, we would be in a better place to introduce schemes and make better use of available public money, instead of passing up on opportunities to bid in June monitoring.”
“The development of a replacement rural policy began with a stakeholder event in November 2018, and there have been further engagements since then to map out a new policy, but, despite my questioning the Minister, writing to him last year and getting pledges that the draft policy would go out for consultation last autumn, it is still not out for consultation, although I do expect it to be soon. <BR /> <BR />I am aware that the draft policy includes a number of schemes that look good. They are on website development, tourism, microbusinesses, the social economy, microfood and rural halls refurbishment. For any areas that want to apply to it, the rural halls refurbishment scheme closes on Friday.”
“I therefore propose here and now that the Agriculture Minister make a bid to June monitoring in order to implement, for example, a rural basic services scheme that is similar to the scheme that we had under the EU rural development programme, not to mention similar to the pilot scheme that the Minister has in his draft rural policy. Taking an overly cautious approach may make it easier for the Department to balance the books at the end of the year, but an approach that lacks ambition also deprives local communities of investment and development. The situation has been compounded by the fact that DAERA has been dragging its heels on introducing a new rural policy. <BR /> <BR />As I said, courtesy of Brexit, we have been forced to leave the EU rural development programme, and that has left a void.”
“<BR /> <BR />As a rural dweller and someone who has been heavily involved in the community sector for years, I know many local groups that have clearly identified needs. They have match funding and the necessary statutory approvals in place, making them shovel-ready to implement many capital schemes. Many groups that I have met hoped that, following Brexit, rural development opportunities would continue through a successor fund such as the UK Shared Prosperity Fund.”
“You have backed up the point that I was making. We were told that it was too late to develop schemes and get all the money out the door and spent by the end of the financial year. Unfortunately, the available options were not taken up. <BR /> <BR />Last week, we heard from the Department that it does not intend to make bids for June monitoring, as it has a sufficient budgetary allocation to cover its expenditure. That is despite the pressures, which include the huge loss of EU funding. I will use this forum to urge the Department to scan the horizon for areas where additional funding could address need and create opportunities for economic and social development in rural areas.”
“When we quizzed the officials in January, we got the same excuse: it was too late in the financial year to draw up any schemes and the Department could not run the risk of underspend, even though all other Departments had made bids for that money. That was despite the fact that, on behalf of Sinn Féin, I had made suggestions to the Department for schemes to support farmers.”
“The LEADER approach was implemented through the formation of local action groups (LAGs) comprised of councillors and social partners. There are probably Members in the Chamber who are members of those LAGs. Taking a grassroots approach, the LAGs identified a local strategy and local projects. Now, courtesy of a Brexit decision that was supposed to be about taking back control, Westminster has disempowered those communities and the Executive. <BR /> <BR />The failure of DAERA to bid for June monitoring is deeply disappointing. Unfortunately, I feel a sense of déjà vu. In January, DAERA did not bid when the Finance Minister invited bids for the additional £200 million that had become available at that stage.”
“You can see the direct impact that the pressure has on our block grant and Budget here. <BR /> <BR />To add salt to our wounds, the UK Community Renewal Fund is not even administered through the Executive. The British Government will oversee the project, and they have stipulated that bids be submitted to the Ministry of Housing, Communities and Local Government (MHCLG) by Friday 18 June. That is another example of the British Government acting in a high-handed way. We saw more evidence of that recently with the appointment of a US special envoy over the heads of our local Executive. <BR /> <BR />As for the rhetoric of leaving the EU and taking back control, when we were in the EU, at least we received our multi-annual allocation from the rural development projects.”