Rosaleen McCorley
West Belfast · Sinn Féin · Northern Ireland
“Go raibh maith agat, a LeasCheann Comhairle. Níl ach cúpla focal le rá agam faoi Chéim Dheiridh an Bhille. Thank you, Mr Deputy Speaker. I have a few comments to make on the Bill reaching its Final Stage. <BR />I welcome the fact that we have reached this stage, and I want to thank the people who helped us to this stage.”
“<BR /> <BR />A huge amount of work has gone into the Bill. It is a very large piece of legislation, and, as we know, it is the first of its kind, in bringing together legislation on mental health and mental capacity.”
“While the BPS is disappointed that it did not get that in the Bill, nevertheless it will be working on the development of the code of practice and the regulations. The hope is that they will reach a conclusion and definitions that they will all be satisfied with. <BR /> <BR />Sin a bhfuil le rá agam. That is all I have to say.”
“Go raibh maith agat, a LeasCheann Comhairle. Cuirim fáilte roimh an dá ráiteas seo ag an Aire inniu agus molaim iad. I welcome both statements from the Minister today and commend them. <BR /> <BR />An dtig liom a fhiafraí den Aire cad é mar a bheidh an Gaelacadamh ábalta caighdeán acadúil a ardú agus díriú isteach ar riachtanais áitiúla?”
“Go raibh maith agat, a LeasCheann Comhairle. Will the Minister please give a breakdown of the East Belfast housing stress figure in relation to council boundaries? That would accurately reflect where housing stress lies so that it can be more effectively dealt with.”
“Go raibh maith agat, a LeasCheann Comhairle. Gabhaim buíochas leis an Aire as an fhreagra sin. I thank the Minister for his answer. It was a very comprehensive answer, and I thank him for that. The statistics are encouraging and show that things are moving in the right direction, but as we know, there is a recurring, growing problem here.”
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“While the BPS is disappointed that it did not get that in the Bill, nevertheless it will be working on the development of the code of practice and the regulations. The hope is that they will reach a conclusion and definitions that they will all be satisfied with. <BR /> <BR />Sin a bhfuil le rá agam. That is all I have to say. The Deputy Speaker has gone now, but I had planned to say, "Thank you" to him, to Kieran and to all the other people who will not be staying but will be leaving the Assembly.”
“<BR /> <BR />A huge amount of work has gone into the Bill. It is a very large piece of legislation, and, as we know, it is the first of its kind, in bringing together legislation on mental health and mental capacity. It is an achievement that we have reached this stage, and, with all the work that went on along the way and the amendments that were made, we have improved the Bill. <BR /> <BR />I would like to mention the British Psychological Society (BPS), which raised issues about the assessment of people's mental capacity. They had concerns and wanted to see psychologists specifically included in the definition of people who could make assessments. I felt that they made a strong case for that. We have ended up with the Minister agreeing to deal with that aspect in regulations and the code of practice.”
“Go raibh maith agat, a LeasCheann Comhairle. Níl ach cúpla focal le rá agam faoi Chéim Dheiridh an Bhille. Thank you, Mr Deputy Speaker. I have a few comments to make on the Bill reaching its Final Stage. <BR />I welcome the fact that we have reached this stage, and I want to thank the people who helped us to this stage. That includes the Chair, who skilfully steered us through at times. He mentioned that there were difficult times, when it was hard to get a quorum. I also thank the Committee Clerk, who did an excellent job in providing us with all the information and explanation that we needed. She very patiently worked with us on that. I also thank the people who gave evidence. The evidence was comprehensive, and I make special mention of those who came back on several occasions to brief the Committee numerous times.”
“Go raibh maith agat, a LeasCheann Comhairle. Will the Minister please give a breakdown of the East Belfast housing stress figure in relation to council boundaries? That would accurately reflect where housing stress lies so that it can be more effectively dealt with.”
“Go raibh maith agat, a LeasCheann Comhairle. Cuirim fáilte roimh an dá ráiteas seo ag an Aire inniu agus molaim iad. I welcome both statements from the Minister today and commend them. <BR /> <BR />An dtig liom a fhiafraí den Aire cad é mar a bheidh an Gaelacadamh ábalta caighdeán acadúil a ardú agus díriú isteach ar riachtanais áitiúla? Can the Minister tell me how the Gaelacadamh will combine academic standards with a focus on local needs and community needs?”
“How confident is the Minister that waiting lists will continue to decrease and that we will seriously get to grips with the problem?”
“Go raibh maith agat, a LeasCheann Comhairle. Gabhaim buíochas leis an Aire as an fhreagra sin. I thank the Minister for his answer. It was a very comprehensive answer, and I thank him for that. The statistics are encouraging and show that things are moving in the right direction, but as we know, there is a recurring, growing problem here.”
“Go raibh maith agat, a Cheann Comhairle. Gabhaim buíochas leis an Aire as a freagra. Will the Minister give me some more information on the 14 individual projects under the early intervention transformation programme (EITP)?”
“Go raibh maith agat, a LeasCheann Comhairle. Gabhaim buíochas leis an Aire as an fhreagra sin. Thank you, Mr Deputy Speaker, and I thank the Minister for his answer. I take the opportunity to acknowledge that this is the Minister's final Question Time and commend him on his performance in this mandate. An dtig liom iarraidh ar an Aire cur síos a dhéanamh ar fhás na hearnála Gaeloideachais agus, ar ndóigh, ar an dóigh a bhfuil sé ag gabháil ar aghaidh sa lá atá inniu ann? The Minister outlined a number of development projects in the Irish-medium sector: would he like to comment further on its continuing growth?”
“Go raibh maith agat, a Cheann Comhairle. Gabhaim buíochas leis an Aire as a freagra go dtí seo. Thank you, Mr Speaker, and I thank the Minister for her answers thus far. Did Mr Dominic Walsh ever raise concerns about safety in regard to the redevelopment of Casement Park?”
“What they discovered was that almost 100% of people agreed that children drink far too many sugar-sweetened drinks, with 44% saying they would reduce their intake if prices increased and 60% saying they would increase water consumption if they drank fewer sugary drinks. The facts are out there about why it is extremely important to take action as soon as possible on the issue. So that we achieve the right outcomes, we are calling for detailed, comprehensive consultation that would take place within a year of enactment and that would become part of the basis of introducing a levy on sugar-sweetened drinks. I call on the Assembly to support amendment No 4.”
“A sugary drinks levy is one part of a wider strategy that is needed to encourage healthy diet and exercise. Importantly, as well as helping to reduce sugar consumption, the levy will raise revenue that could be reinvested in other initiatives to improve health. So, there will be a double benefit of the levy itself and the health initiatives funded by it. <BR /> <BR />In the South of Ireland, the Department of Health commissioned a piece of research that was carried out by the Irish Heart Foundation and Ipsos MRBI. They consulted on public attitudes to steps to tackle the high rates of consumption of sugar-sweetened beverages.”
“We have to acknowledge other facts: children consume three times more sugar than is recommended, and soft drinks are the biggest source, accounting for 29% of the sugar intake of 11- to 18-year-olds and 16% for younger children. In the last few weeks, the British Medical Journal published a study showing that a 10% sugary drinks tax in Mexico has led to a 12% reduction in sales after a year. <BR /> <BR />Another aspect — this has been referred to by the Member across the way — is that people on low incomes consume a higher level of sugary drinks and are more likely to suffer the adverse health consequences. That means that people on lower incomes stand to gain the most from reducing their sugar intake. It is true that there is no single solution to obesity.”
“I thank the Member for that intervention, and I will come to that point later. <BR /> <BR />We also have to take into account the fact that Cancer Research UK has given us statistics which warn that obesity is escalating at such a rate that it will cause almost 700,000 extra cases of cancer within the next 20 years. We also have evidence from Professor Mike Rayner of Oxford University, who has been looking at the issue for the last 10 years. What he says is this:”
“Public Health England reviewed the evidence on the effect of tax increases introduced on unhealthy foods in OECD countries since 2010 and concluded that higher pricing does lead to lower consumption of unhealthy foods.”
“For example, research carried out by Safefood in 2012 estimated that the direct health costs, including GP costs, inpatient and outpatient costs and prescriptions, of dealing with obesity in the North are £92 million a year. <BR /> <BR />Sugary soft drinks are of particular concern. We know that the sugary soft drinks imbibed by children aged 11 to 18 are their largest single source of sugar — 30%. The fact is that they have zero nutritional value and low satiety. Just one can of sugary drink can take you over your daily intake level. <BR /> <BR />One way of reducing the consumption of sugary drinks is to raise the price, which we already do with taxes on cigarettes and alcohol. Basic economic theory suggests that demand for a product will fall as price increases, and that is backed up in practice.”
“Sorry. <BR /> <BR />We know that it is bad for our health. There is a strong connection between sugar consumption and health problems, and that includes dental decay, obesity, diabetes and cardiovascular conditions. In the North, 24% of children under 16 and 61% of adults aged 16 and over are overweight or obese. The number of people diagnosed with diabetes has grown by 33% over the last five years, with 4% of the population in the North now diagnosed with diabetes. Sixty-one per cent of five-year-olds in the North show signs of dental decay, compared with the UK average of 43%. It also has detrimental impacts on our health service.”
“The highest percentage of sugar intake is among young people. We know —”
“Amendment No 4 is about the consumption of sugar and the impact of sugary, sweetened drinks. The fact is that we are consuming too much sugar. We are told by the Scientific Advisory Committee on Nutrition that, according to experts in the UK, we should not be exceeding 5% in sugar of our total dietary intake, but evidence shows that, on average, all age groups consume between two and three times more than the 5% target.”
“Go raibh maith agat, a Cheann Comhairle. Ba mhaith liom leasú uimhir a ceathair a mholadh. I beg to move amendment No 4:”
“I thank the Member for giving way. Does the Member agree that the Human Transplantation Bill was well discussed and debated in Committee and we heard lots of evidence that informed us? It is not as though we are at the same place here. As we know, that Bill was then dropped and we were left with the useful public awareness-raising aspect of it, which was supported by everybody who gave evidence. It seems only right that we ensure that that part of the Bill is kept and that we have something that helps to increase rates of organ donation.”
“We can talk about the impact of seat belts. There are very few people now who would get into a car and not put on a seat belt, but very few have had those regulations enforced on them. The enforcement procedure is probably not that obvious or strong. <BR /> <BR />The first part of amendment No 2 is the same as our amendment. We would see the second part brought into being in subsequent regulations to raise public awareness. We support amendment No 5, which is about reviewing this not later than three years after commencement. I am not too sure whether three years is the best amount of time, but on the face of it, we support that amendment.”
“<BR /> <BR />In response to the Member, I have already mentioned amendment No 3, relating to enforcement, and so we see that there would be a dual responsibility as regards enforcement between local authorities and the police. In addition, the effect and impact of the legislation being brought in to being can, in its own right, affect behaviour.”
“No, we have not had any conversations about that. I do not actually have anything more to offer on that, so I will just continue. <BR /> <BR />In addition to protecting children from exposure to second-hand tobacco smoke, smoking restrictions also influence social norms regarding the acceptability of smoking. Smoke-free policies help to challenge the perception that tobacco use is a normal adult behaviour. This, in turn, can have a positive effect on youth and help them to remain smoke-free. We hope that positive intentions would arise as regards attitudes towards smoking, as well as the protection of children and young people under the age of 18, as a result of this amendment being brought into effect.”
“I thank the Member for his intervention. We are concerned about all nicotine products. Clearly patches are not offensive and would not affect other passengers, so it would be nicotine tobacco things. Clearly the intention relates to where there would be second-hand damage or impact on other people; that is what the intention is. <BR /> <BR />As regards enforcement, we hope there would be a dual responsibility so that both the police and local councils would take responsibility for this. Obviously that is something that would need to be worked out either in regulation, further legislation or guidance.”
“Exposure to second-hand smoke in the confined space of a vehicle is particularly dangerous since second-hand smoke levels from a single cigarette can exceed concentrations previously found in the smokiest bars and restaurants. <BR /> <BR />Protecting children from second-hand tobacco smoke is critical as they are more vulnerable to the adverse health effects of exposure. This is because children are smaller and have immature immune systems and higher respiratory rates. Second-hand tobacco smoke is linked to leukaemia and brain and other childhood cancers, as well as to sudden infant death syndrome, asthma, ear infections and respiratory diseases in children. Even short-term exposure to second-hand tobacco smoke can trigger an asthma attack in children, and effects on lung health may be long-term.”
“This amendment relates to second-hand tobacco smoke, and it is the impact on children that we are addressing. Second-hand tobacco smoke is the smoke from a burning cigarette, pipe or cigar as well as the smoke exhaled by a smoker. It is a complex mixture containing more than 4,000 chemicals, over 50 of which are known carcinogens. <BR /> <BR />Second-hand tobacco smoke is a major preventable contributor to acute and chronic adverse health outcomes, and those exposed to second-hand tobacco smoke for long periods of time are more likely to develop and die from heart disease, respiratory problems and lung cancer. There is no safe level of exposure to second-hand tobacco smoke.”
“Go raibh maith agat, a LeasCheann Comhairle. Ba mhaith liom leasú uimhir a haon a mholadh. Beidh Sinn Féin ag cur i gcoinne leasuithe uimhir a dó agus trí, agus beidh muid ag tacú le leasú uimhir a cúig. Sinn Féin will oppose amendment Nos 2 and 3 and support amendment No 5. <BR /> <BR />As you said, this relates to making provisions to prohibit the use of nicotine products or tobacco in an enclosed vehicle at a time when a person under the age of 18 is travelling in the vehicle. This also relates to major health issues, and the arguments about the dangers of smoking and its impacts have been well rehearsed over many years.”
“Go raibh maith agat, a Cheann Comhairle. The Minister referred to raising public awareness, which is very important in cases like this, as in all cases. Will the Minister give us some more detail about what the public awareness campaign might look like?”
“I do not believe that there is a strong reason why that needs to be there, so I am content to move amendment No 75.”
“Thank you very much. I accept that. On the basis of what the Minister has said, we will not now move those amendments. <BR /> <BR />I move on to amendment Nos 48 and 49. Again, we tabled those amendments because of issues and concerns raised during Committee Stage about the period before a case could be considered again. The Minister has laid out the rationale for that and given us some explanation of how safeguards will be put in place to address the concerns. Therefore, we are happy not to move those amendments. <BR /> <BR />Finally, clause 73 states that the default nominated person has to be somebody who is resident in the Channel Islands, the UK, the Isle of Man or Ireland. We believe that there is no strong reason that it cannot be someone who is resident in another country, and we feel that there is no need to have that limitation.”
“Go raibh maith agat. Can I maybe ask whether that would include suitably qualified registered psychologists? Can that be written into the Bill in some way?”
“In amendment No 29, we seek to insert "approved clinician" after "medical practitioner" on the basis that it would allow other therapists and clinicians to be part of the decision-making process rather than limiting it to just a medical practitioner. That is people who are involved in psychological assessments and that. The Minister said that, because there are several amendments that ensue from amendment No 29, he would deal with all those amendments together, but I did not quite catch what the Minister said.”
“We had very robust evidence at the Committee as to why we needed to have approved clinicians as part of the decision-making process. I can go into that in detail, but is the Minister prepared to confirm what he said? I did not hear what he said; it was a wee bit unclear. I am happy to listen to him if it that is appropriate. If you could maybe —”
“During the Committee Stage, it was expressed that serious physical harm is included but that that leaves out the fact that serious psychological harm could be caused to a person and that limiting it to physical harm meant that the type of psychological harm that could result from whatever could happen would not be considered. That is why we feel that "physical" should be left out so that the definition is "serious harm". That would have the capacity to include physical or psychological harm. <BR /> <BR />I move on to amendment No 29. The Minister went on to list all the ensuing amendments that would be affected by this one. I will be honest and say that I was not exactly clear about what the Minister was saying.”
“They concern the prevention of serious harm condition under additional safeguards. The Bill says that the prevention of serious harm condition is where:”
“We believe that a better form of words would be "an expressed intention to use force" so that someone would not be restrained without proper grounds. We need to be clearer about an expressed intention to use force so that people are not going to be restrained unnecessarily. That is the rationale behind that amendment. <BR /> <BR />Amendment No 11 to clause 16 is in relation to electroconvulsive therapy. Again, that was an issue that came up at Committee Stage. We listened to what we were hearing from people, and as part of our responsibility we raised the issue and put forward the amendment. However, having listened to the Minister's explanation of why it needs to be there, we are happy enough not to move that amendment. <BR /> <BR />Amendment Nos 19 and 20 to clause 21 relate to treatment with serious consequences.”
“In evidence at Committee Stage, a lot of concerns were raised about using restraint and the terminology of how it was physical and an invasive act. It provoked a lot of comment. Clause 12(4)(b) states that an act restraining a person:”
“Sorry about that. The Bill's passage will benefit hugely those who lack capacity or may lack capacity in the future. <BR /> <BR />We proposed a number of amendments, and I would like to refer to some of them. Amendment No 8 to clause 12 relates to acts of constraint. The amendment proposes:”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Cuirim fáilte roimh an deis labhairt ar an Bhille seo inniu. I welcome the opportunity to speak at the Consideration Stage of the Mental Capacity Bill. At the outset, I state that I support the general principles of the Bill, including its safeguards and protections from liabilities. <BR /> <BR />Issues around mental capacity could affect any one of us directly or indirectly in our lifetime. It is important that robust legislation is in place that outlines the rights of individuals and the roles and responsibilities of statutory agencies. The principles of this Bill will transform mental health legislation here in the North, and I believe that —”
“In conclusion, I believe that exclusion from the arts should not be felt by any community, working class or otherwise, and that the recommendations in the Committee report will help to address that. Molaim an rún.”
“A consultation on an arts and culture strategy is under way in the Department. We hope that this will provide a vehicle to achieve the requirements of recommendation 1 of the report. Some of the recommendations focus on the need to address transport issues, the provision of musical instruments for all genres of music and the idea of making art accessible and available for all to enjoy by bringing it into public spaces and places.”
“No. <BR /> <BR />These were all shown in the media. I wished to ask the Confederation of Ulster Bands for its views on that behaviour and how it may have contributed to a negative media perception and a feeling of being excluded from the arts. However, as I said, we were prevented from asking those pertinent questions. <BR /> <BR />Notwithstanding that, the Committee report contains a total of 22 recommendations that, if implemented, could go some way to increasing the inclusion of working-class communities in the arts. I wish to emphasise the first of these, which calls for an Executive arts and culture strategy that has the full support of all Departments. The strategy would be comprehensive and have coordinated targets, key performance indicators and a monitoring and review process.”
“— in serious rioting and violent attacks.”
“The incidents that I referred to were the disgraceful behaviour of some marching band members who provocatively sang the notorious famine song outside St Patrick's Church, and incidents that occurred at Twaddell Avenue, showing band members involved —”
“During one evidence session, I was prevented by the Chairperson from asking questions that I believe were very pertinent. I sought to have the incident specified in the report, but the majority of the Committee voted against this. As a result, I have had to settle for an amendment in the appendix. I will read out that amendment:”
“Mo bhuíochas leis an Chomhalta as sin. I thank the Member for his input. I agree that one issue that needs to be addressed is the different understandings and perceptions of what happens to be regarded as the arts and how they are supported. <BR /> <BR />The Committee has produced a report and is asking the Assembly to approve it today. While I endorse the report, I have to express my disappointment over one regrettable aspect.”
“We heard from the main theatres as well as community theatre. We learned about all the musical genres and the numerous enterprises and community organisations that make artistic contributions to our society. <BR /> <BR />Some of the main themes that emerged from the inquiry were not surprising. They included the barriers that came under the general headings of financial, geographical, educational and funding. Other issues related to disabilities and special needs, rural-specific concerns and general awareness.”
“<BR /> <BR />It is a fairly widely held opinion that participation in the arts, whatever the arts might mean for an individual, can make a positive contribution to a person's sense of well-being and good health. It is certainly my view that no one should be excluded from the arts. The arts should be available to be enjoyed by everyone, regardless of background, gender or, indeed, any of the section 75 categories. <BR /> <BR />Throughout the inquiry, evidence was taken from a wide range of individuals and organisations — statutory, voluntary and community. Agus mo bhuíochas do na daoine agus na grúpaí a ghlac páirt san fhiosrúchán. I thank the people who participated in and contributed to the inquiry. The presentations about what is being done to promote the arts were comprehensive and impressive.”
“Go raibh maith agat, a LeasCheann Comhairle. Cuirim fáilte roimh an deis labhairt ar an rún seo inniu. I welcome the opportunity to speak on the motion today. <BR /> <BR />The motion comes from the Committee inquiry into inclusion in the arts of working-class communities. It arose from a sense that people living in areas of deprivation were less likely to have access to or participate in activity that came under the broad description of arts. Mar sin de, le teist a dhéanamh agus le torthaí deafacha a bhaint amach, chuaidh an Coiste i mbun fiosrúcháin. To test that and to seek some positive outcomes, the Committee inquiry was undertaken.”