Seán Lynch
Fermanagh and South Tyrone · Sinn Féin · Northern Ireland
“I thank the Minister for his answer and for giving an undertaking to meet officials on the matter. The Audit Office reported that the Department could claim back £14 million from BT in relation to previous broadband schemes.”
“I thank the joint First Minister for her answer. As the Minister said, NDNA is the basis on which we re-established these institutions. Does the Minister agree that the DUP's decision to vote against a motion to establish a simultaneous translation service in the Assembly was an act of gross bad faith?”
“Minister, I want to go back to the restoration of the Ulster canal. That is a project on my doorstep that will be a major boost to the economy in the east Fermanagh/Clones area.”
“Members will also know that the recognition of the Irish language by these institutions has become a particular issue of respect and equality for many people.”
“<BR /> <BR />We are also satisfied that, in the interests of equality, Members who wish to speak in Irish or Ulster Scots should not need to provide advance notice of their intention to do so in order for their contribution in plenary sittings to be translated.”
“It is significantly less resource-intensive than some other options and strikes an appropriate balance between language rights and costs. However, work must begin now, because any delays will leave insufficient time to have the necessary measures in place at the start of the next mandate.”
The complete record
Every one of 407 lines we hold for Seán Lynch, in date order, each linked to its source. Free to read, in full, without an account. Page 5 of 9.
“Go raibh maith agat, a LeasCheann Comhairle. I support the Land Acquisition and Compensation (Amendment) Bill. I understand the Minister's rationale for seeking accelerated passage. <BR /> <BR />The Bill is about fairness, as was brought up in Committee. There are a number of major capital projects in the planning; namely, as have been mentioned a number of times, the A5 and the A6. It is only right that the people who have to give up their land or property be given the same opportunities as people in other parts of these islands, as there is existing provision in England and Wales for compulsory acquisition.”
“Go raibh maith agat, a Cheann Comhairle. I thank the Minister for the funding that has been rolled out in recent weeks. <BR /> <BR />To continue the theme of potholes, I came across one yesterday that had completely wrecked a car. I have, however, been given an undertaking that it will be fixed this week. The Quarry Products Association (QPA) states that there is a £50 million shortfall in the current road maintenance budget. What is your response to that?”
“Go raibh maith agat, a Cheann Comhairle. I thank the Minister for his answers thus far and welcome the scheme. One of the objectives of the scheme from the outset was the prevention of crime and the reduction of fear of crime. Can the Minister outline how that has been achieved to date?”
“It also covers the risk a person poses to themselves. Although they may not be in danger of physical harm, their psychological well-being may well be at risk or be neglected. <BR /> <BR />The amendments also worthy of note relate to the technical changes to clause 205 on supervision and treatment orders. That is being amended to reflect the need for assessment. That clause provides for cases where somebody has been found by a court to be unfit for trial. If so, it stands to good reason that the person concerned is in need of an assessment of their capacity.”
“In particular, I draw attention to a comment by a representative of the Royal College of Psychiatrists, which was covered by the Chair:”
“Go raibh maith agat, a LeasCheann Comhairle. I will speak only briefly to group 4, as the Chair has covered a considerable amount. <BR /> <BR />Whilst most amendments in the group are technical, a considerable number of the Minister's amendments are welcome. As most of the amendments came after Committee Stage, members sought clarification from officials in the Department on them. <BR /> <BR />The main point I want to deal with is the Minister's inclusion of the points raised by the Committee members and other key stakeholders, including the use of the word "psychological", which he has covered. In Committee, concerns were raised regarding the limited understanding that harm, as considered in the Bill, relates just to physical harm. The concerns filtered around some of the cases that were highlighted.”
“As yet, we have not seen these regulations. Basically, the Minister is asking us to take it in good faith that they will be fit for purpose. I ask the House to support our amendment. <BR /> <BR />The Minister's comments on clause 15 do not resolve the issue for us. As I said earlier, the total outstanding fine may not differ much from the debtor's total balance. <BR /> <BR />We argue that our amendment to clause 17 is needed to introduce consistency. <BR /> <BR />Just to finish, we are not moving amendment Nos 9 and 28 and ask for support on amendment Nos 2, 3 and the others.”
“<BR /> <BR />We ask for support for amendment No 3 to clause 4. The court is in a better place to make the decision than the debtor concerned. People who may have issues with budgeting and finance may not be in a frame of mind to make this kind of decision, which could have an impact on their dependants. They could be vulnerable or have substance abuse issues. Their desire to pay may not reflect their capacity to pay. The consent people give may not be informed consent. <BR /> <BR />We will not move amendments Nos 9 and 28 to clauses 6 and 18, respectively, on the basis that the Minister, following advice from the Human Rights Commission, will bring forward amendments to these provisions at Further Consideration Stage. <BR /> <BR />The Minister referred to clause 11, on regulations that may be made by DSD, in connection with clause 10.”
“As we all know, the person will often take the option of going to prison for a few days, at a heavy cost to the public and the criminal justice system. I acknowledge that the numbers going to prison have already decreased and are now down to a couple of hundred. <BR /> <BR />This brings me to our amendments. I want to acknowledge the Minister's letter of clarification. Indeed, he has reaffirmed it this morning with regard to amendment No 2 to clause 2. I accept the Minister's intentions. However, not all future Ministers in the Department may have the same intent. If, for example, a profit margin were to be realised in the future, a Minister might legislate to outsource to a private company. We cannot go on the assurance from the current Minister, even though I believe in his sincerity.”
“<BR /> <BR />Mr Barry McMullan from NIACRO gave evidence at Committee Stage, and he said that people default on fines because they do not have the money. If you are a single person in receipt of £73 a week in jobseeker's allowance, it would be ridiculous for a court to impose a £300 fine and expect the person to pay it within 28 days.”
“Thank you. I accept the Minister's clarification. We welcome the Bill in the context of the numbers going to prison, but, as I said, we have concerns. The Bill contains proposals to recover fines by deducting moneys from benefit payments through a number of orders and the seizure of vehicles. We have proposed a number of amendments to ensure that family members and dependants are not unfairly impacted by that process. It must be understood that benefits are provided to give a minimum standard of living to families. Benefits are often the bottom line for many families. Without robust protection, these measures could result in further financial burden and distress for family members. Any deduction from an already low income may exacerbate the situation.”
“The number of people going into custody for non-payment of fines is not sustainable and is at odds with a fairer justice system. Fine defaulters have made up one third of the prison population here. Clearly, change is needed and, indeed —”
“There are alternatives to custody, and, indeed, fine defaulters going to prison are often costly to the public and the criminal justice system, as the Chair outlined. Again, it is often the most vulnerable who end up in custody. We must realise the impact on families of imposing fines. We support the main thrust of the Department's intention to seek alternatives to sending people to prison for fine defaults. <BR /> <BR />Some 14,300 prison sentences have been given for fine default since the beginning of 2006. Non-payment of fines for not having a television licence resulted in 728 people receiving a custodial sentence. As the CEO of NIACRO stated, it is simply not a proportional response to this type of offence. Those people do not pose a threat to public safety and have not committed what could be termed a serious offence.”
“Go raibh maith agat, a Cheann Comhairle. I will speak on behalf of my party on the group 1 amendments. I thank all those who gave evidence to the Committee on behalf of organisations and the Department, and I also thank the Minister. <BR /> <BR />As the Chair said, there is good stuff in the Bill, and we broadly support its principles, but we have a number of concerns. I want to outline our firm belief that defaulting on a fine imposed for a minor or civic matter should not result in imprisonment if it can be avoided. We want a robust system to be put in place to protect the most vulnerable, because it is often the most vulnerable people who find themselves in custody as a result of a fine default.”
“Go raibh maith agat, a Cheann Comhairle. Can the Minister give an update on the usage rates of bicycles in the Belfast scheme?”
“Indeed, we have lessons to learn from the Welsh experience, particularly after the extreme flooding that the Minister mentioned. She is right that it is not the panacea for all flooding, and I know that. <BR /> <BR />I welcome the Minister's comments during Consideration Stage when she sought to amend the Bill to reinforce the use of soft sustainable drainage systems, or SuDS. She said that she will publish appropriate guidelines on the approach to SuDS. <BR /> <BR />Finally, the Bill will have a positive contribution on the future Department of Infrastructure, and I commend it to the House.”
“I was one of those who went to Wales and received presentations on soft and hard SuDS. The fundamental idea that the Welsh have is to take surface water out of the combined systems. The objective is to safeguard communities and the environment from the impact of climate change and the growth of new housing and more hard surfaces. They told me that they had a 50-year strategy to deal with surface water and the prevention of flooding.”
“The Committee's report also made further recommendations related to the Department's review of the use of bonds and the need to include the cost and calculations of sewer bonds in the review and to consider the cost and benefits of adopting private unadopted sewers. The Committee or, given that the mandate is coming to a close, the new Committee for Infrastructure will be greatly interested to see the outcome of the review. Having heard the positive comments from the Minister and given the, hopefully, positive contributions from others who will speak here today on the Bill, I feel that the Water and Sewerage Services Bill is a sensible and positive one that the Committee for Regional Development supports. <BR /> <BR />I have a number of comments in my own capacity.”
“The integration of SuDS into residential and commercial developments is hugely important if we are to avoid continued developments having a serious impact on nearby properties and businesses. For that reason, I look forward to seeing a much greater use of SuDS, particularly soft SuDS. <BR /> <BR />In our report at Committee Stage, the Committee for Regional Development made two recommendations that related to the Department's published guidelines on the approach to SuDS in the North of Ireland context, on the basis of the authoritative industry standards. The Committee welcomed the assurances that full and prompt consideration would be given to identifying who should ultimately take responsibility for that.”
“That, for me and the Committee for Regional Development, was an extremely important and very necessary amendment. As I have said in the past, there has not been enough focus on the use of soft SuDS. The hard engineered SuDS are necessary, and there are many occasions when they might be the only option, but I welcomed the amendment and the inclusion of soft SuDS in the Bill. The amendment to clause 5 was welcomed by those who spoke at Consideration Stage, a number of whom attended the Regional Development Committee visit to Cardiff and heard at first hand about the benefits that they bring. The positive views expressed go to show how sensible and important the amendment was.”
“<BR /> <BR />Amendment No 6 related to clause 5 and was of major significance to the Committee and to how surface water is handled now and in the future. The amendment saw the inclusion of a reference to:”
“At Consideration Stage, six amendments were made to the Bill, most of which were technical in nature. They all helped to strengthen the Bill, particularly those relating to statutory consultees. Comments made during the previous debates on this matter probed the issue of the future introduction or otherwise of water charging and the amendment to clause 3. During its deliberations, the Committee felt that that amendment was appropriate. I do not wish to rehash the debate that went before, but I reiterate that, as was stated by the Minister, the installation of water meters since 2007 has cost almost £2 million. Those meters have not been used. That money could have been better spent. I particularly welcome the derogation.”
“He also thanked those who gave evidence to the Committee, particularly the evidence that resulted in amendments, such as the inclusion of district councils in clause 3 as a statutory consultee where the Department intends to make regulations amending the Water and Sewerage Services (NI) Order 2006 in respect of the removal or relaxation of the duty to install water meters when making domestic connections. As Deputy Chair, I extend that thanks and add the Committee's thanks to officials and colleagues in the Welsh Assembly who hosted the Committee during the visit and meeting in relation to the adoption of soft SuDS.”
“Go raibh maith agat, a LeasCheann Comhairle. I welcome the opportunity to speak as the Deputy Chairperson of the Committee. With your permission, I will make a number of points later in my capacity as an Assembly Member. <BR /> <BR />At Consideration Stage in December, the Chair offered his thanks to the Minister, her predecessor and the departmental officials for their commitment to progressing the Bill and for working closely with the Committee throughout.”
“Go raibh maith agat, a Cheann Comhairle. I wish the Member well in her new post. What progress has been made in establishing a civic panel?”
“Gabhaim buíochas leis an Aire as a freagra. I thank the Minister for coming down prior to Christmas to see how the agency was dealing with what was a fairly dramatic incident. Can she ensure that post-flooding inspections will take place when it is safe to do them and that preventative measures will be considered and brought to the Executive collectively for action?”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I do not need to outline to the Minister the major impact of the flooding in Fermanagh, as she came down to see it for herself and to talk to communities that had been marooned for five weeks. I want to thank the Minister for doing that. Can she provide any further details on the protection scheme that she intends to launch this week?”
“Fergus O'Brien, whom a number of us met in Wales, spoke of green and grey infrastructure, "green" meaning soft and "grey" meaning hard. He said that future solutions would be a combination of both. We must look at and implement new solutions, particularly in our efforts to adapt to climate change, that will take more water out of the system during heavy rain as a result of increasing temperatures. SuDS is critical to the future, particularly to future generations. <BR /> <BR />I want to finish by talking about the new clause. The Minister made some compelling points about this when she said that they would oppose the new clause, which she said may undermine the regulator's role. We are minded to support the new clause, which is about laying a report before the Assembly. It is a good idea to have review and monitoring periods.”
“Mr Chatfield said that they had drawn up a set of principles for developers and that building trust with developers was key because, when they saw the benefits of SuDs, they bought in to the concept. I stood in a metre of water in a housing estate in Lisnaskea last Saturday afternoon, and SuDs came to mind when I was standing there. It was very helpful when the Chairperson and I met officials a number of times to talk through the issue there. They told me that, in 25 years, the estate had never flooded, but a householder pointed out to me that the problem had only begun with the recent building of two houses across the road. I am not an engineer and nor was the person I was talking to, but he made a good observation. Planners, as well as developers, have a major role to play in the future not only of hard SuDS but of soft SuDS.”
“We can build bigger barriers and pipes, but, unless we adopt different methods of managing surface water, particularly during heavy downpours, the type of flooding and damage that we have witnessed over the past 48 hours will continue. <BR /> <BR />Phil Chatfield, from the energy, water and flood division of the Welsh Assembly Government, when speaking about the SuDs approach, said:”
“The Committee supported the inclusion in the Bill of the sustainable drainage systems known as SuDs but was concerned that much of the focus was very much on hard SuDs initially. The evidence taken by the Committee from the storm water management group and stakeholders was very helpful, but it was the Committee's visit to Cardiff, in Wales, that convinced me of the benefits of soft SuDs. This is a relevant issue, particularly at this time, as we see footage of major flooding incidents throughout these islands. I was watching the news coverage last night of a city — I forget which one it was, because it was late when I got home — that had spent something like £38 million on flood barriers because of a previous flooding incident. Again, people there were under several metres of water.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I welcome the opportunity to speak on the Consideration Stage of the Bill. I echo much of what the Chair has said, and I thank all those who have been involved in the Bill to date, particularly the officials. <BR /> <BR />The Chair finished on clause 3, and we agree with the amendments to it. I put it on record that my party across the island of Ireland is against domestic water meters. We have said that, if we are in government in the South after the next election, we will scrap the water charges that were introduced by the current Government. <BR /> <BR />I welcome the Minister's amendment to clause 5. It is a particularly good amendment, and it will provide positive solutions in future.”
“Gabhaim buíochas leis an Aire as a fhreagra. I thank the Minister for his answer and acknowledge that he has visited Fermanagh on a number of occasions. He quoted from the SPPS:”
“Gabhaim buíochas leis an Aire as an fhreagra sin. I acknowledge what the Minister has said about the importance of maintenance grants. Would he say that they are vital in supporting students from less well-off areas in further and higher education?”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Given the recent event that was organised for the Israeli Government, students, press and various parties here, will a similar event now be organised by the Commission for the Palestinian Government to give outreach to people who are unrepresented?”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Does the Minister's Department have any formal agreement with other agencies and Departments for dealing with polluting incidents?”
“Gabhaim buíochas leis an Aire as a fhreagra. I thank the First Minister for his answer. Does he agree that this could have a hugely negative impact on the community and voluntary sector and damage many projects that are under way?”
“Gabhaim buíochas leis an Aire as an fhreagra chuimsitheach sin. I thank the Minister for his comprehensive answer. Does he agree that a combination of a failure of leadership in the prison and a refusal and resistance to prison reform has led to what can only be described as a "damning report" by the Criminal Justice Inspection (CJINI)? Go raibh maith agat.”
“I saw all the heavy goods vehicles coming back and forward from the port, particularly the Quinn Group lorries, of which there are 150 or 160. The lorries were being held up by long queues behind farming vehicles, and the time that it was taking them was too long. I spoke to drivers who said that they would rather go to Belfast twice in the same day than go to Derry once. <BR /> <BR />It is widely recognised that major benefits accrue to the economy through investment in infrastructure. Investment in the north-west and, indeed, west of the Bann is about balanced regional development. To be competitive in regional locations, business must have access to good infrastructure. I will not keep the House any longer tonight: I support the motion.”
“<BR /> <BR />Gordon Best, from the Quarry Products Association, told the Committee that the A5 was a priority and said that it was dangerous. I do not travel on it very often, but we were going to a DRD meeting a number of weeks ago at night when it was wet and it was dangerous. I know that I am not used to it, but the next day we had our meeting at the port and, as my other colleague said, we spoke to the CEO, who gave us a presentation. I was surprised when he said that £1 billion in imports and exports came in and out of Derry. The two key routes for distribution are the A5 and the A6. Those two routes, which are not up to standard, have costs and act as a barrier to economic growth. There is increased congestion, longer travel times and higher costs. I experienced that on the way back to Fermanagh from Derry that day along the A5.”
“Go raibh maith agat, a Cheann Comhairle. I wish the Minister well in her new role and look forward to working with her in the Committee. She has been well introduced to the A5 and the A6, and I will mention the A4 extension to Enniskillen and beyond, just to put it on her radar. <BR /> <BR />As I was going home, I was listening to the programme that my colleague mentioned, 'Inside Business'; it was all about infrastructure. One statistic that stuck out for me was that the South of Ireland and Scotland have three times more road carriageway per head than we have here. Obviously, there are reasons for that, and there are legacy issues. Mr Dallat talked about travelling throughout the South of Ireland. I live fairly close to the border, and I know that we lag behind, particularly in the north-west and west of the Bann.”
“Does the Minister accept that regional targets need to form part of Invest NI's corporate plan and the Programme for Government going forward?”
“Go raibh maith agat, a Cheann Comhairle. Given the significant achievements outlined by the deputy First Minister, how can the next PFG improve on further delivering its commitments?”
“Go raibh maith agat, a Cheann Comhairle. I want to come back to the last point that you mentioned, Minister, which was the failure of leadership. Do you have a clear definition from the Criminal Justice Inspection of what it means by failure of leadership and ineffective relations in Maghaberry and the Maghaberry administration? In my opinion, over a long time, there has been a resistance to prison reform within the prison.”
“Gabhaim buíochas leis an Aire as an fhreagra sin. I thank the Minister for her answer. What was the value of ANC payments this year?”
“He questioned how the Finance Minister making a payment would work. I think that the Minister herself outlined that. <BR /> <BR />Bronwyn McGahan said that the hurt was to those who are affected. Mike Nesbitt asked how we do business on behalf of the people we represent. Jim Allister said that the delay is quite unforgivable. We agree in that sense for those who have been affected. <BR /> <BR />To conclude, I ask people to support our amendment.”
“Raymond McCartney continued by saying that the debate was in 2013; it went to the Department, and there was a logjam. As our amendment states, this is an issue for the Executive to go back to and on which to lobby the British Government. I think that the Minister gave a figure of £30 million, which is a fair amount of money, wherever we get it from. <BR /> <BR />Dolores Kelly spoke about fairness and equality; she was interested in what the Minister would say and in getting some clarity. I do not know whether the Member got clarity. She said that there was a moral obligation. <BR /> <BR />Stewart Dickson dealt with similar issues, probably in a different role. I do not know whether that was in the Assembly or not. He said that the reality was that the case was lost in the courts.”
“I disagree with him about our amendment, which states that it is clearly the responsibility of the British Government and the NIO. These people were originally employed by them; therefore they should pay. My colleague Raymond McCartney made that point: the British had employed these people and were therefore responsible for equality of treatment and fairness. What Sinn Féin has done about it in the past is on record. The issue is not going away; it has been about for a long time, and it has been raised by all parties. <BR /> <BR />I am on the Justice Committee, and officials came about a month after the judgement to outline the restraints that they faced. The issue had come to their table and they could not resolve it. I agree with the Minister that it is not easy; it is a complex issue. Nobody is saying any different.”
“No. <BR /> <BR />I want to cover a number of issues that were outlined. Mr Cree moved the motion and talked about equality and fairness. He said that many questions had been asked over the years, including questions for written answer, and that there had been debates and representations made to the bodies. He said that the people were entitled to their payments and that the judge had ruled that it was a moral issue and more or less left it open for others to decide.”
“No, I will not. I have only five minutes.”