Pam Lewis
South Antrim · Democratic Unionist Party · Northern Ireland
“I thank the Minister for her answer. Indeed, I thank her for the assistance that she, as Minister of Justice, gave my constituents Kathryn and Aaron McCollum following the tragic death of their much-loved husband and father. Her assistance was deeply appreciated.”
“I thank the Minister for her answer. I very much welcome the amendment to the Justice Bill on this subject, and I thank my colleagues across the Chamber for the good work that they have done on it. What cost is the PSNI carrying for the seizure, storage and disposal of those vehicles? Is that cost creating a barrier to enforcement?”
“It progresses 18 recommendations from the independent review of charity regulation, with a focus on a more risk-based approach that promotes trust and accountability without placing undue burdens on charities.”
“I welcome the opportunity to speak as a member of the Communities Committee at Second Stage of the Charities (Amendment) Bill. I thank the Minister and the Chair of the Committee for outlining the details of the Bill.”
“The public must have confidence that charitable funds are being used properly, that trustees understand their responsibilities and that there is effective oversight when misconduct or mismanagement occurs.”
“<BR /> <BR />I welcome the streamlining of accounting and reporting requirements. For small charities, administration can be a real challenge and burden.”
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“Does that mean that hospital car parks that charge for entry would be discounted from the calculation of a 100-metre buffer zone? If protesters were to congregate in that area, would they face prosecution? To go one step further, amendment No 12 frames "premises" to mean:”
“The Department's role would be simply to maintain a register of zones: a gatekeeper, if you will. That in itself is deeply problematic. I am open to correction, but I believe that the Bill's sponsor previously opposed a prescriptive approach to the extent of safe access zones, and I am not sure what has changed. The reality is that amendment Nos 4 and 12 are littered with contradictions and confusion. <BR /> <BR />Proposed new clause 5A under amendment No 4 defines a public area as:”
“Amendment Nos 4 and 12, standing in the Bill's sponsor name, are more significant and deal with the extent of protected premises. Clause 5 would be replaced by a stipulation that the safe access zone consist of the protected premises themselves and the public areas within 100 metres of the entrance to or exit from those premises. That could then be extended by a further 150 metres on the request of the operator of the premises. Under the framework, there seems to be no authority for the Department to ensure that the extent of a zone is commensurate with its location or circumstances. It would impose a blanket approach, regardless of whether the building or facility is situated in a congested high street or city centre or on the Health and Social Care (HSC) estate.”
“We cannot support those changes. Automatic entitlement, seemingly with no recourse for the Department to challenge a notification, does not seem responsible or proportionate. In addition, it fails to provide any ability for consideration on a case-by-case basis of whether the creation of a zone is rights-compliant under articles 9, 10 and 11 of the convention.”
“I will continue after that intervention. <BR /> <BR />With those overriding concerns on the record, I will address the amendments tabled by the Bill sponsor and representatives of the Alliance Party. <BR /> <BR />Amendment Nos 1 and 3 amend clauses 2 and 3 and would grant to premises where abortions take place and to those that provide information, advice or counselling an unqualified right to become protected premises. The only requirement appears to be that they notify the Department. The original stipulation in clause 3 that the Department must be satisfied that it is reasonable to make premises protected premises is removed entirely.”
“The PSNI said that enforcement would require continuous physical police presence. Where is the Minister of Justice's concern for the potential implications for police resources? The consultation was limited and is over five years old. The legitimate concerns of patients and staff should be addressed, but that should be done primarily through a comprehensive review of the law on harassment. Sadly, there has been no willingness among the other parties to even consider that as a viable alternative. <BR /> <BR />With those overriding concerns on the record, I will address the amendments —”
“That would have serious implications for the taxpayer and do little to improve outcomes for those with legitimate grievances. <BR /> <BR />We want all those seeking health services to feel safe and to be free from abuse and intimidation. However, the Bill does not distinguish harassing, abusive or criminal behaviour from influencing behaviour. The question that we need to ask ourselves is this: how can the Assembly pass legislation that properly balances competing rights and that is workable, lawful, avoids falsely raising the expectations of women and staff and will not be subject to immediate legal challenge? <BR /> <BR />I am disappointed that neither the Committee nor the Minister of Health has pushed back against the rushed and dysfunctional drafting of the Bill.”
“However, I am deeply concerned that the Bill, including the amendments, will not have the desired impact. <BR /> <BR />The criminalisation of direct or indirect influence in clause 6 is broad, sweeping and vague. Under the framework proposed, there would be no requirement for influence to be undue or unreasonable. Established legal principles have been set aside out of convenience. That is reckless. It is in breach of articles 9, 10 and 11 of the European Convention on Human Rights, which establish the right to protest and freedom of religion. The implications would set a dangerous precedent for restricting other forms of expression in the public sphere. The provisions of the Bill would almost certainly be subject to protracted legal challenge.”
“I welcome the opportunity to speak in the debate. With the exception of amendment No 6, in the name of the Member for North Antrim, I do not support the amendments. I do not support the Bill, and my party does not support it. I voted against the Bill at Second Stage, and I clearly outlined our concerns with it at Committee Stage. We ensured that those concerns were recorded in the Health Committee's report. That is not because I believe that patients, staff and visitors should be subjected to malicious or abusive behaviour. All patients have the right to access healthcare free from abuse and intimidation. All patients should have access to an environment where they feel safe. Activities against anyone entering or exiting health premises that are clearly harassing and criminal need to be dealt with.”
“I thank the Minister for his statement to the House. I commend him and his officials for a highly successful scheme to bolster the local economy. Can the Minister outline the total spend in the South Antrim constituency? Is he able to provide the figures for monthly spend in that breakdown?”
“The amendments ensure that the original Autism Act and the new legislation marry up in their legal language and will safeguard the intention of the Bill, particularly by ensuring that the reviewer role is entirely independent from the Department of Health. I, as Bill sponsor, and my party fully support the Committee amendments. I thank the Speaker and Assembly staff for facilitating the debate at this hour.”
“<BR /> <BR />I am disappointed that, given that the Health Department is the lead Department on the Bill, the Minister of Health is absent from this debate and was absent from the previous debate, despite his commitments to improving autism services. The Department has shown a lack of engagement and drive to take the reins and to fix the situation. That is why the Bill and the autism reviewer are so crucial. <BR /> <BR />I turn to the remaining two amendments that were outlined by the Committee Chair. I welcome the tidying-up process that we would expect to see at this stage of the legislation process.”
“<BR /> <BR />The Bill aims to address waiting lists, the current inequality of service access, the current lack of service provision and the need for training. The autism reviewer will be an essential mechanism to hold Departments to their duty to provide for our autism community. Importantly, the Bill builds on all the foundations of the Autism Act (Northern Ireland) 2011 and ensures that the approach to autism is truly cross-departmental, multidisciplinary, embedded in best practice and person-centred. It recognises that, although people on the autism spectrum may experience similar difficulties, every individual's experience is unique and requires a person-centred approach.”
“It is, however, appropriate to thank the Member opposite, Justin McNulty, for not moving his amendments. I record my appreciation for his passion on the subject. <BR /> <BR />Many individuals, parties and organisations have played a part in getting the Bill to Further Consideration Stage. I am proud of the genuine, collaborative nature of the legislation, and I am grateful to Members for the collaborative effort so far. Throughout the process, we have learned that essential, basic services are not being provided to individuals and that the services that are provided are often at the end of a long waiting list, during which time families have little support. That is not the fault of our incredible clinicians and workforce; it is through a lack of funding, adequate resource allocation and planning.”
“It gives me great pleasure to respond, as Bill sponsor, at Further Consideration Stage of the Autism (Amendment) Bill. Bearing in mind the Speaker's advice on what is appropriate for debate in each of the legislative stages, I will spare the House a list of thanks and save it for the Final Stage. I hope that I get some brownie points there, Mr Speaker.”
“Such safeguards are key to maintaining high clinical and ethical standards and ensuring patient safety. We support the motion.”
“We have no objection to this LCM on the mandatory reporting of healthcare payment data in the Health and Care Bill. We understand that this particular piece of legislation is related to recommendation 8 of the Cumberlege report, 'First Do No Harm'. Part of that report talked about the need for mandatory reporting of payments made by the pharmaceutical and medical device industries to teaching hospitals, research institutions and individual clinicians, and we support that measure. <BR /> <BR />It is very important that there is an appropriate level of transparency and accountability in the development or supply of medicines, supplements and medical products. It is particularly relevant in terms of the relationships between manufacturers and health professionals.”
“We approve of the Committee having sight of the memorandum of understanding, once drafted. We support the motion.”
“I support the LCM on the transfer of functions of arm's length bodies, which originates from the Health and Care Bill. I understand that the arm's-length bodies transfer of functions provisions related to only five bodies that perform UK-wide functions. This is a permissive power to enable the future transfer of functions between bodies to promote streaming and efficiency. The bodies in Northern Ireland most likely to be impacted under the scope of this power are NHS Blood and Transplant, the Human Tissue Authority and the Health Research Authority. We welcome the fact that, in the LCM, no changes to services are proposed. <BR /> <BR />The Chair of the Committee outlined concerns. We, as a party, also welcome the fact that the consent of this devolved Government will now be required before this power can be used in the future.”
“The law must ensure that women and girls are kept safe from such practices as virginity testing, which could be carried out by someone who is outside the health profession and without the expertise and training that comes with that. I welcome the LCM and commend it to the House.”
“I support the legislative consent motion. As we have heard, it came before the Committee. It really was hard to comprehend that the World Health Organization had determined that Northern Ireland was somewhere where those horrific practices could be found to take place. The Chair touched on that. It is absolutely clear that, in any humane society, no woman or girl should be subjected to that intrusive and humiliating violence. Therefore, to make the practices illegal, through the LCM, is the right thing to do. <BR /> <BR />At Committee, I raised the issue of how that could impact on the administration of justice when crimes of a sexual nature are being investigated. I ask the Minister to clarify in his remarks his understanding of the law in that regard and how that might impact on those areas.”
“The proper process for agreeing a three-year Budget should be after a Programme for Government has been agreed, not in the dying days of a current mandate. Strategy and spending must be a cohesive force, not the back-of-a-cigarette-packet, get-it-out-the-door strategy that we see from Sinn Féin. <BR /> <BR />Post-election, it is our hope that an incoming Executive can be formed and that plans can be put forward first and then money be allocated towards that plan. Of course, such an outcome will depend on whether the cross-community consensus needed to sustain this place is established, and, in that regard, the ball is very firmly in the court of the Government and the European Union.”
“If we are to address waiting lists and issues such as domiciliary care and investment in services and staff, surely we need a plan first and then to cost the plan. That will deliver the best and most efficient outcomes for everyone. We know that the party opposite specialises in fantasy economics and political pipe dreams, but that issue needs to be taken forward in a structured, coherent way that delivers maximum impact. <BR /> <BR />We have previously argued that the Budget process should start between April and June for the next financial year, with the draft Budget being consulted on in the autumn, allowing for a full debate at the turn of the year. That would afford greater detailed scrutiny in advance and potentially better align with the more normal siting of the election or the formation of an Executive in May or June.”
“As I looked back on my comments in the House last year on 7 June on the Supply resolution for the Northern Ireland Main Estimates 2021-22, one aspect of my comments struck me. It related to the party leaders' forum meeting to agree the summit on waiting lists that was to be held the following week. I dare to say that the summit produced very little. The statistics on waiting lists back that up. Where is the plan? Some parties, particularly the party opposite, claim that the three-year draft Budget that the Finance Minister put forward would have addressed our waiting list backlog, yet, even with the proposed increase to the Department of Health budget, it came with absolutely no plan whatsoever to back up the cash.”
“Meanwhile, it was our party that secured tens of millions of pounds for our health service and to address waiting lists. We will take no lectures from the party opposite.”
“<BR /> <BR />The Department of Health has been a significant beneficiary of additional funding from monitoring rounds, and that money has been key to addressing immediate pressures, both COVID-related and non-COVID. However, we need to go beyond the sticking plaster solutions. It is high time that we pursue the reform of our health system that is so desperately needed. <BR /> <BR />Last week, I listened to the Finance Minister and others talk about waiting lists and about how, somehow, the decision that my party leader took to withdraw the First Minister is to blame for our waiting list crisis. Our waiting lists have been in crisis for years. The Finance Minister and his colleagues stood on the border for three years, dressed in costumes and engaging in pantomime politics, while our waiting lists grew longer and longer.”
“It is crucial that we explore with the Treasury all routes to maximise flexibility in remaining funds that can be carried across to next year. In the absence of Executive agreement, we also need to explore innovative ways of reallocating any amounts that are returned to the centre before the end of the financial year. Substantial headroom is included in the Estimates to enable the Executive to make further last-minute allocations. Perhaps the Minister will expand on the options that his officials are exploring to be in a position to make such allocations in the absence of Executive agreement, and on how any process would respect the need for fairness and avoid the type of divisive attitude threatened by the Communities Minister towards the subregional stadia programme.”
“I rise to speak as a DUP member of the Health Committee. These are, undoubtedly, unprecedented times in the provision of healthcare in Northern Ireland. The sums of money that have been poured into protecting our people against COVID-19 are without parallel. It is worth mentioning that, when we take together resource spend and the like of National Insurance spend, the projected expenditure for this year exceeds £30 billion. That is a huge amount and, once more, underlines the scale and importance of the financial support that the Treasury provides to us, as part of the United Kingdom. <BR /> <BR />We are in an economic climate in which every pound must be made to count. In that context, it is welcome that, under the exchange scheme, we have the ability to carry forward up to £104 million in resource expenditure.”
“Christopher never shied away from his own views on any matter, and he was hugely respected by all in the Assembly. That is evident from the numerous tributes from across the parties today. <BR /> <BR />Today, our thoughts are primarily with Christopher's adored family: his wife, Laura, his four beautiful children — Trinity, Oliver, Cameron and Abigail — his mother, his stepfather and the wider family circle. While we grieve and continue in a state of shock at the loss of Christopher to the House and to our ranks, how much more we feel for his family. Our thoughts and prayers are with that family today as they take a step forward into the future without Christopher Stalford.”
“I will be very brief. Today is a very sad day, as the Assembly meets without the talented young man who was our Principal Deputy Speaker in this place. Christopher Stalford will be greatly missed within the DUP family. <BR /> <BR />Christopher was fiercely loyal to his constituents in South Belfast. He excelled in his role in the Speaker's Chair. He was forthright and witty, and he had a great sense of humour, a compassion for all and an ability beyond his 39 years.”
“<BR /> <BR />My final words must go to everybody who contributed to the debate this evening, and particularly to my Health Committee colleagues, my party colleagues, the Bill Office, Autism NI's Kerry Boyd, Dr Arlene Cassidy and Kelly Maxwell, and my own Hannah Lewis for the incredible commitment that they have made and the passion that they have shown for the Bill to reach this stage.”
“<BR /> <BR />I welcome the Committee's recommendation that the Department of Health and the Department of Education consider mandatory autism training for relevant front-line staff, including trainee teachers, teachers and classroom assistants. A colleague and I proposed a motion for mandatory teacher training, which was agreed by the House in February 2020. Mandatory training is about equipping our teachers with the knowledge, skills and support needed to understand the experience of their pupils and how best to support them. How can we possibly expect teachers to manage situations for which they have not been prepared? I hope that we will see that put into practice soon.”
“<BR /> <BR />Amendment No 6 places an additional duty on the strategy to state explicitly how consistency of practice is to be achieved across health and social care trusts and education services, strengthening the provision to end the postcode lottery of services. <BR /> <BR />Amendment No 7 is essential to ensure that the autism reviewer has the independence needed to function as an effective scrutiny mechanism. That amendment ensures that the reviewer cannot be a departmental employee, expected to monitor and scrutinise the work of a Minister, but should have independence from Departments, with the security of the necessary funding to carry out their role.”
“<BR /> <BR />I support amendment No 1, which clarifies that the proposed early intervention service is to be an early intervention and support service. I support amendment Nos 2 and 3, which ensure that physical health and housing needs are also considered in the strategy. <BR /> <BR />Amendment No 4 places an additional duty on the strategy to set out explicitly how waiting times for autism assessment and treatment services provided by health and social care trusts will be reduced. This is important, given our understanding of the current waiting lists, which leave individuals and their families without essential support for years. <BR />I support amendment No 5, which explicitly states that the strategy must have cross-departmental input, along with input from a range of professionals.”
“Of course, part of the role of the reviewer would be to liaise with advocacy forums, and the Committee emphasises the need for the reviewer to take full advantage of any such groups and ensure that their voices and opinions are heard and incorporated into the strategy. <BR /> <BR />I welcome the work of my Health Committee colleagues in scrutinising the Bill and suggesting recommendations and amendments, which I fully support. I thank the Chair, Colm Gildernew, and the members for their important contributions. The Bill comes from the work of the all-party group on autism and the amendments from the Health Committee and all those who gave evidence to it. This legislation shows the power of collaborative working, and I urge all Members to support the amendments outlined by the Chair.”
“I thank the Member for his intervention and, yes, absolutely, I do. I also thank the Member for his role as vice chair of the all-party group on autism and the good work that he has done over the years. <BR /> <BR />There has been some suggestion that the autism forum, created by the Department, could function as a suitable alternative for the reviewer. Although I welcome the creation of the autism forum, which will be a wonderful advocate for autistic people, the reviewer is not intended to be an advocacy body but a scrutiny mechanism. The autism forum was created by the Department and has no legislative standing. The autism reviewer would have such standing.”
“<BR /> <BR />The Bill will mean that an individual will be appointed as an autism reviewer, independent of government, organisations and charities, to monitor and scrutinise how government approaches autism, with the ability to commission research, make recommendations to the Department, report to the Assembly and, of course, liaise with autism advocate groups, charities and organisations. <BR /> <BR />There has been some suggestion —”
“There are some concerns as to how these reports will be carried out in practice. This was not designed as a futile, bureaucratic exercise, and there is no intention to divert essential resources from individuals to resource an intensive tick-box exercise. I hope that, together, we can figure out the best way to approach these reports so that they are only as resource-intense as necessary and appropriate and can be a useful mechanism to inform decision-making.”
“The strategy must ensure consistency of practice across health and social care trusts and its success will be assessed against measurable targets that are agreed in consultation. An annual funding report will be laid before the Assembly for each financial year. That has been suggested as a way of monitoring how autism services are provided. We currently have a situation where services are inadequate to meet our existing need. Every health and social care trust gave evidence to the Health Committee that they did not have the service provision that they needed. We are particularly concerned about the lack of adult service provision. This clause is designed to ensure that all Departments step up to their responsibility and bid for funding services that they need be provide.”
“We know that early intervention provides the best outcomes for individuals, and research has shown that it relieves the burden on services as it reduces the risk of needs going unmet and becoming more complex. <BR /> <BR />A regional autism information service will be created. The autism strategy will take into account international best practice. The strategy will consider the individualised needs of autistic individuals. Autism is a spectrum condition, with no two people having the same experience. Every individual is different and requires a person-centred approach. There will be a multidisciplinary approach to input in the strategy in order to ensure that it comes from a range of professionals from different fields.”
“Specifically, I thank the Ulster University professors, the chief commissioner of the Human Rights Commission, the clinicians who are working in our trusts, health officials and the National Autistic Society for their efforts in contributing to the Committee's scrutiny and for adding to the legislation. <BR /> <BR />The Bill comprises five clauses that focus on five key areas, which aim to improve autism services. In practical terms, the Bill, as introduced, would mean: prevalence data has to be collected on adults as well as children; autism training is to be provided to NI Departments and bodies; and a regional early intervention service is to be available for people of all ages — children and adults — so that they can access services as soon as they present with need without the requirement of a diagnosis.”
“Children and adults who need support and services now face the prospect of waiting years before they receive assessment, diagnosis, support and intervention. That is not a position that the House is comfortable with. <BR /> <BR />I thank Members for their support so far: their support to the all-party group and their support during the Second Stage debate. Of course, I am thankful for the scrutiny and support of the Health Committee, whose amendments we are here to debate this evening. I also want to thank all the individuals and organisations who got in touch to offer their support and input, as well as those who gave evidence to the Health Committee.”
“<BR /> <BR />This is the first piece of legislation that aims to amend a previous private Member's Bill, which speaks to the incredible work of the all-party group's current and previous members and, of course, the work of the secretariat from Autism NI. When we began the journey of looking to update the legislation in Northern Ireland, we knew that services were not adequately meeting the needs of autistic individuals and their families and carers. Unfortunately and horrifically, that position has become much more severe during the COVID-19 pandemic. We saw services stop, with individuals and families left completely unsupported, and now we have the worst waiting lists that we have ever had.”
“Thank you, Mr Speaker, for allowing the plenary session to continue to this late hour. I want to record my appreciation to you and all the Assembly staff involved. <BR /> <BR />I am incredibly proud to bring this essential legislation to the House today. The Bill would not have been possible without the original Autism Act (Northern Ireland) 2011, and I want to acknowledge the previous work by the all-party group on autism, of which I am currently chair, and the work of Dominic Bradley of the SDLP, a former Member, who introduced the first legislation in Northern Ireland to meet the needs of our autistic community.”
“<BR /> <BR />Finally, I thank the Chair of the Committee, the Minister, the rest of the Committee members and the Committee staff for all the hard work that has been done during what has been a relatively difficult period over the past couple of years, given that we have been dealing with the COVID regulations and the numerous Bills going through. It is hard to jump back and forward on topics, Bills and subjects. We thank everyone for the hard work that has gone into the Bill.”
“That may go some way to allaying the concern of the sector about lack of accountability. The amendment to clause 143 is welcome. The Committee and I oppose the removal of the annual reporting requirement on the operation of the Children Order. The Department's revised position of a three-year reporting interval is welcome. <BR /> <BR />The debate has been productive, and the large degree of unanimity across the House on the Bill and the amendments is striking. The Bill will impact positively on all those involved in the adoption process and make the framework more legislatively robust.”
“We need to ensure that there are sufficient safeguards in the system to give a substantive voice to young people and their advocates during their care. Amendment No 18 directs that advocacy services are to be independent of trusts. That is an important check and balance that will enhance confidence. <BR /> <BR />Amendment Nos 19 and 20 bring the definition of harm outlined in the Bill into line with domestic abuse legislation and ensure that abusive behaviour is not dependent on whether a child saw, heard or was present during the ill-treatment. That enhances the current definition and will benefit those looked-after children who are adversely impacted by being in home settings where domestic abuse or coercive control is present. <BR /> <BR />Amendment No 21 would provide for a report on the Children Order to be laid every three years.”
“Amendment No 15 would expand the duty to promote "educational achievement" to "achievement and development". Demonstrating what is meant by "achievement and development" will be key. There may well be a danger in providing a wider instruction to trusts. It may open the door to ambiguity and confusion amongst health professionals, and such an outcome ought to be avoided. Of course, should there be confusion, there will be an opportunity to tidy it up at Further Consideration Stage, as, the Minister has indicated, he may well want to do on other elements of the Bill. <BR /> <BR />Amendment No 17 makes future regulations setting out procedures for reviews or representations of looked-after children to be subject to draft affirmative procedure. That is a welcome addition.”
“<BR /> <BR />It would be useful to get an indication from the Minister on whether he intends at Further Consideration Stage to reflect the concerns put forward by the Examiner of Statutory Rules on the current standing of scrutiny for certain delegated powers provided for in the Bill. I hope that such clarity can be provided when the Minister addresses the House shortly. <BR /> <BR />An issue not addressed in the Bill is support for women and girls facing unexpected pregnancy. We would like the Minister to explain how the Bill can help to address that need and help those who are pregnant to make better and fully informed decisions on adoption earlier. <BR /> <BR />Amendment No 14 would extend the proposed trust duty to promote the educational achievement of a looked-after child to facilitating and supporting such support.”
“Before I outline our party's position on the amendments in the group, I will make some general observations that pertain to the Bill. Whilst we are obviously striving, through the Assembly's legislative process, to amend the Bill to make it more robust and better law, it is important to stress that much of the provision in the Bill relates to enabling powers. Therefore, the outworking of the legislation will require substantive future scrutiny of the regulations drafted on that basis. That will be critical to monitoring the impact of the legislation and whether what we have before us, as it will be amended, delivers on the overriding purpose and intention of the Bill.”