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.”
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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 6 of 9.
“Go raibh maith agat, a LeasCheann Comhairle. One thing that the debate threw up was that a lot of people agreed on many things. One of the first things that was said was that it needed to be resolved and that it was an issue of equality and fairness. Everybody said that there was no legal route and that the judge had made the decision. They also said that there was a moral argument, and everybody was sympathetic. <BR /> <BR />As the Minister said, we have all received letters over a period of years about the issue. I take issue with Jim Allister, who said that we had difficulties with the issue: we have absolutely no difficulties with the issue. It is essentially an issue of equality.”
“Gabhaim buíochas leis an Aire as an fhreagra sin. Minister, in recent times, I have met a number of GAA clubs in County Fermanagh that expressed an interest in this programme. Will Sport NI occasionally give updates to ensure that people are informed? Go raibh maith agat.”
“Go raibh maith agat, a LeasCheann Comhairle. Can the Minister explain what steps her Department is taking to improve the diversity of the boards of ALBs?”
“<BR /> <BR />To conclude, Cheann Comhairle, I understand that a judicial-led assessment is being done on the state of readiness of the outstanding legacy inquests and that a new legacy unit in the Coroners Service will be established in December. I ask the Minister for an update on this issue. Families and NGOs such as Relatives for Justice, which is supporting families in 21 of the 60 legacy inquests, tell me that they are being squeezed from both ends with the inability of the system to fully function through a strategy of denying and starving it of resources. This is unacceptable and is a violation of article 2. The Minister has a major responsibility to ensure that Coroners' Courts are adequately resourced so that all relatives get access to the truth and justice that they deserve.”
“I understand, Cheann Comhairle, and I take your point. I was just giving an example of my own experience in a court. <BR /> <BR />The current senior coroner also agreed that we have wanted our own coroner's investigation and we would be able to undertake that task. It is preferable to have our own, rather than ask an agency such as the PSNI. I know that the Minister mentioned in his answer to Raymond McCartney last week that these arrangements have been processed to recruit two investigating officers for the Coroners Service. Again, Minister, this is to be welcomed. However, when will these officers be in place, will they be independent and will their appointment depend on current or future funding?”
“In this case, a High Court judge, despite holding a senior position, had to continually exercise his authority to the point of almost daily frustration in getting any effective cooperation from the PSNI and the MOD. You had to be there to believe what was happening. <BR /> <BR />After six months, the MOD still had not handed over copies of some documents, forcing the judge to say:”
“<BR /> <BR />I witnessed those frustrating tactics myself when I attended the inquest of Roseanne Mallon for a number of days with my colleague Bronwyn McGahan. Roseanne was a Tyrone pensioner who was shot dead by loyalists in 1994. Finally, after two decades of delay, her inquest began in the High Court in front of a High Court judge. We sat listening to part of the inquest proceedings in which it became clear that misleading and incorrect ballistics information was deliberately provided by the PSNI concerning the murder weapon, in that it falsely claimed that the weapon had no previous history. Had it not been for a former member of the Historical Enquiries Team (HET), following the events from England, that vital piece of information may never have come to light.”
“Sufficient resources will need to be applied in critical areas in preparation for those inquests if future delays are not to occur. <BR /> <BR />The senior coroner explained that he had a duty to hold an inquest that was compliant with human rights legislation and that he would, potentially, be unable to do so if there was not sufficient disclosure of files and adequate resources. The coroner clearly outlined that the two big problems are resources and disclosure. In my opinion, nobody was listening to him. I wonder whether his continual frustration was a factor in his announcing his retirement. The Minister and others argue that the only problem is the lack of funding due to budget pressures. However, those problems long predate such pressures.”
“<BR /> <BR />I mentioned earlier the huge problem of delays in the system, despite a number of rulings by the European Court of Human Rights, which has repeatedly found the British Government to be in violation of article 2. Families are still awaiting a satisfactory outcome. These are unacceptable delays, and, on the face of it, appear to be a deliberate tactic to frustrate the truth from emerging. <BR /> <BR />The senior coroner expressed his disappointment at the continual delays caused by the lack of resources and by the fact that there was not sufficient disclosure of files. The delays, in his view, were intolerable, and in spite of his best efforts to prompt, cajole and order progress, the commitment of the hearings of those inquests remains at an uncertain point in the future.”
“This is a situation where the senior coroner was crying out for action, yet the Minister sat on his hands. I ask the Minister why a new coroner is not in post, given that Mr Leckey gave 18 months' notice of his departure. Did he think that one coroner could deal with so many pending inquests? <BR /> <BR />I welcome the Minister's response to Raymond McCartney last week, in that he has asked the Lord Chief Justice to exercise his powers under section 6(2) to appoint coroners to hear inquests in cases where a coroner is ill. I ask the Minister whether he has any update on that. I also take this opportunity to ask him, regarding the allocation of more complex cases to High Court judges, what the criteria for complex cases are and how many High Court judges will be involved.”
“<BR /> <BR />I remind the Minister that he has an obligation, under article 2 of the European Convention on Human Rights, to carry out timely investigations into controversial deaths here. It is the case that the Minister knew not only that the coroner was going but the problems that would arise as a result of his retirement. <BR /> <BR />Earlier this year, Mr Leckey himself said:”
“<BR /> <BR />It is almost 18 months since the current senior coroner, Mr Leckey, announced his plans to retire. He gave ample time for his replacement to be selected well in advance of his going. The Minister cannot argue that he did not have adequate notice. It begs the question why it took more than 12 months for the recruitment process to begin. <BR /> <BR />Given the public concern, raised by families and the legal profession, and the difficulties flagged up around high-profile legacy cases, I would have thought that the Minister would have moved as quickly as possible to ensure that the necessary processes were in place to select a new coroner. This only adds to the perception that the delay to recruit is meant to further delay and frustrate inquests happening in the near future.”
“Only last Monday, my colleague Raymond McCartney asked the Minister to outline the steps that his Department had taken to ensure that the Coroners Service had the resources to effectively and efficiently fulfil its statutory obligation. In his response, the Minister outlined the additional capacity that will be provided. Those measures ought to be welcomed. However, I have serious doubts that they will resolve the immediate and major problems facing the inquest backlog. With the best will in the world, it is difficult to see how those individuals promised will be in place before the end of the year, with the recruitment process for the senior coroner having been initiated only on 10 September, I think. That post may not be filled until well into 2016.”
“There exists a huge lack of confidence in the coronial system. Many families and their legal representatives believe that there is a deliberate strategy to delay and hamper progress. I welcome the Minister; I did not see him at the beginning of the debate. I welcome his presence in the Chamber to listen to the debate. <BR /> <BR />The manner in which families have been treated is nothing short of a disgrace. Even after decades, they have not given up hope for truth and justice. I want to take this opportunity to welcome those families who are in the Public Gallery to hear the debate. <BR /> <BR />Turning to the concerns about the impending retirement of the senior coroner without replacement, we in Sinn Féin have been raising the issue with the Minister since the summer recess.”
“Go raibh maith agat, a Cheann Comhairle. I am pleased to lead on this important motion regarding the Coroners Service, put forward by my party, Sinn Féin. First, I think that it is important to put into context the critical task facing the coronial court service at this time in the North of Ireland and the reason why it needs the resources that are necessary to ensure that the Coroners Service works in an effective and timely manner — something that it is not doing at present. <BR /> <BR />There has been major controversy and frustration around inquests for many years now, particularly those involving state forces and their agents. There are 55 legacy inquests outstanding relating to 86 deaths. Many families have been waiting decades to find out what happened to their loved ones.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Can the Minister give an update on the oversight group's engagement with stakeholders, particularly those in healthcare?”
“I thank the Minister for her answer. She intimated that there are other events and will be aware that there is a run each Sunday morning through the grounds. Will she make the car parking facilities in Parliament Buildings available to participants of that run?”
“<BR /> <BR />In the North, as the previous Member said, the average cost of a full-time childcare place is approximately £156 a week, with some parents spending 44% of their weekly income on childcare for one child. That is a considerable amount. Furthermore, weekly childcare support for families has been reduced. We also have the welfare Bill, which, if implemented, will impact on families, particularly lone parents. That is why Sinn Féin argues that the less well-off and the disadvantaged must be protected as part of any changes to welfare.”
“I know some parents who have availed themselves of that scheme and returned to employment to the great satisfaction of their family. <BR /> <BR />A new rural development programme has recently been signed off in Europe. I recently held a rural business seminar in my area. It was attended by some 140 people, and I hope that the new scheme will provide opportunities for rural communities to address childcare and welfare issues for those living in such areas. We all meet parents from day to day in our constituency offices who tell us that the choice of local jobs available is currently limited, and many parents, particularly those on very low wages, ask themselves whether it pays to work.”
“However, the reality is that many did not have such a supportive structure and therefore struggled to balance work with raising a family. <BR /> <BR />Rural childcare provision must be at the heart of the OFMDFM strategy, and we must welcome the fact that it is currently out for consultation. That progress is also to be welcomed in the context that we do not have a proper infrastructure and lack good, accessible and affordable childcare, something that has been documented by Barnardo's. We need integrated work between Departments to ensure that childcare is suitably addressed. I commend the Minister of Agriculture and Rural Development, Michelle O'Neill, who is here with us today, for her Department's initiatives to address the issue under the rural childcare programme.”
“Go raibh maith agat, a LeasCheann Comhairle. Childcare provision in rural areas is a huge issue, as I know from having listened to my colleague Bronwyn McGahan. I take this opportunity to thank her for bringing the topic to the Chamber today. <BR /> <BR />With rising prices, market costs and a weak job market, many families in our constituency are experiencing financial hardship and many find it difficult to make ends meet. High childcare costs place additional pressure on an already stretched budget, and the lack of affordable local provision is a significant barrier to employment, especially for lone parents. I know many parents who could not have pursued a livelihood through employment or continued their career had they not had helpful family members.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Can I ask the Minister what actions his Department has taken to tackle the bullying and harassment of teachers?”
“Go raibh maith agat, a Cheann Comhairle. Gabhaim buíochas leis an Aire as an fhreagra sin. I thank the Minister for her answer. I held a very successful small business seminar in the county recently, and there was much interest in it. Can I ask the Minister which schemes will open first?”
“Go raibh maith agat. Does the Minister agree that his views on the closures are not shared by the Lord Chief Justice? Does he agree that the current proposals will undermine access to and quality of justice?”
“Gabhaim buíochas leis an Aire as an fhreagra sin. I thank the Minister for his answer. Is any work ongoing regarding the next Programme for Government for 2016-2021?”
“Go raibh maith agat, a Cheann Comhairle. Gabhaim buíochas leis an Aire as a ráiteas. I thank the Minister for his statement. He will be aware that hate crime is on the rise, particularly in this part of the island. His statement refers to:”
“<BR /> <BR />As I said, as a result of the Committee's inquiry into adopted roads back in 2012, one of our recommendations was to tighten up on sewer connections. As I said, we learnt of a number of horror stories, such as sewage running straight out into fields. I welcome the right to connect, depending on the developer having to enter into a sewer agreement. That will certainly go towards protecting the householder. <BR /> <BR />I look forward to seeing the Bill at the scrutiny stage.”
“It is to be welcomed that SUDS are to be introduced through the Bill and will be adopted by NIW. The Bill will require developers to provide SUDS that have been constructed to adoptable standards and protected by a bond so that householders will be protected. That is something that we learnt when we did our report. There were some horror stories, where sewage had run straight out into fields. I think that in one place in Coalisland the householder realised that their sewerage system just ran into a green field. <BR /> <BR />Clause 5 will add "sustainable drainage" to the reasons why NIW can refuse connections of surface water to its public sewer network. If the drainage system does not meet the required standards or would damage the system, it can also be refused. Again, that is to be welcomed, as it will protect householders.”
“I think that it sent shockwaves through a lot of householders, as they believed that the House and these parties were all about to introduce household charges, but that was not the case. I welcome this clause, as it will cease the installation of meters in new dwellings. I know that my party across the island of Ireland has been at the forefront of the campaign against water charges in the South of Ireland. <BR /> <BR />Clause 4 concerns sustainable drainage systems, which are commonly known as SUDS. The Chair and I got a briefing on them. As I said, it crystallised a lot of the issues on this. I think that, currently, approximately 70% of surface water goes into the public sewerage system. As we know, when we have heavy downpours, we have flooding and sewage problems, which lead to public health and environmental issues.”
“Go raibh maith agat, a LeasCheann Comhairle. I also welcome the opportunity to speak on this stage of the Bill. I concur with much of what the Chair said. I thank the officials who briefed us on a number of occasions on issues regarding the SUDS. <BR /> <BR />This is one of the more painless Bills, as there is much agreement on it from all Members. I do not wish to go into every aspect of it, but I will speak on a number of the clauses. I think that the amalgamation of the management plans and drought management plans into one overarching plan stands to sense. It not only saves money and addresses red tape but makes for a much smoother process. <BR /> <BR />Clause 3 relates to water meters. This was an issue that came to public prominence a couple of months ago.”
“Go raibh maith agat, a LeasCheann Comhairle. I think the people of Ireland saw it as a light-hearted moment. Does the member of the Commission think that it was a good use of PSNI time and public money to investigate this issue?”
“Go raibh maith agat. Gabhaim buíochas leis an Aire as an fhreagra sin. I thank the Minister for his answer. He has possibly answered my next question. What was learned from international input to the conference? You mentioned that some international companies were there.”
“Go raibh maith agat, a Cheann Comhairle. Gabhaim buíochas leis an Aire as a ráiteas. I thank the deputy First Minister for his statement. I noted, Minister, that you alluded to a meeting of the north-west gateway initiative. How soon do you think it can take place?”
“Can the Minister give an update on what wider work has been done across government on reoffending? Go raibh maith agat.”
“Go raibh maith agat. Gabhaim buíochas leis an Aire as an fhreagra sin. I thank the deputy First Minister for his answer. He mentioned the Good Friday Agreement. How would any move to repeal the Human Rights Act be in breach of the Good Friday Agreement?”
“He talked about protecting front-line services and said that his officials stand ready to assist community transport organisations in achieving efficiencies. He did not, however, provide any justification for the disproportionate levels of cuts applied by the Department and said that all the organisations had signed their letters of offer. <BR /> <BR />There is overwhelming support for the restoration of the budget for these vital services. I call on the House to support the motion.”
“Robin Swann spoke of the need for Executive coordination and said he believed that the motion was party political — despite it being agreed by the entire Committee, including his own party colleague. <BR /> <BR />Jim Allister spoke of his sympathy for the Minister, who was trying to work within his budget. However, he said that he had more sympathy for his constituents who were being negatively impacted as a result of the cuts. John McCallister talked about the impact on his constituents and asked whether similar levels of cuts were being applied elsewhere in the Department. <BR /> <BR />The Minister spoke about the challenges he faces because of the Budget allocation and the difficult decisions he had to make.”
“Mr Beggs also talked about reserve levels, which are small and are maintained according to DFP guidelines — guidelines that the Department for Regional Development is advising against. <BR /> <BR />Chris Lyttle spoke of his concerns about the impact that these cuts would have, especially at the huge levels applied. Alex Easton talked about how disturbing the cuts were and criticised the way in which the Department calculated the cuts based on the level of reserves. He also said that the cuts had to be rural proofed. <BR /> <BR />Stephen Moutray talked about the vital services provided by transport groups and how they allowed users to live independently. He said that Disability Action had had to increase fares and reduce services, adding to isolation. Joe Byrne spoke of social isolation and of a dearth of services in rural areas.”
“I agree with the Member. <BR /> <BR />Roy Beggs paid tribute to the community transport sector but criticised the Committee for not offering alternatives. The Committee's role is to advise the Minister, and we have strongly advised him to reverse these cuts.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank all the Members who contributed to the debate. The Chair was correct that a number of community transport organisations will struggle to survive. Cathal Ó hOisín spoke about the number of trips and the social value of community transport services. He also spoke about the role and importance of volunteers and drivers. John Dallat spoke about the magnitude of the cuts and agreed that it was a bad decision. He pointed out that, whilst many of the organisations expected some cuts, they did not expect such a high level of unsustainable —”
“<BR /> <BR />The Committee sought clarification from departmental officials as to why they needed such wide-ranging powers, particularly after the Bill underwent detailed scrutiny, and in what circumstances it could be used. The explanation was that it was to fix a problem but there was no plan to use it. The Committee wanted to understand the need for a wide-ranging clause, given that the details should have been thrashed out in the first place. The Department should have accounted for unforeseen circumstances. After considering advice from the officials — the Chair has gone into much more detail than I have — we are agreeable to allowing flexibility to the Department to correct things that it may have missed but not to give it a power that is so wide that it can pretty much include anything that it liked. I support the Chair's position.”
“Go raibh maith agat, a Cheann Comhairle. You will be glad to hear that I will keep things short and not mention Henry VIII. The Minister made a robust argument that clause 86 should remain and was needed for a purpose as a safeguard. He said that it was a wise provision, that it was a safety net and must be seen in the context of the Bill. However, there were no plans to use the provision. I agree with the Chair, who has expanded much wider on the issue than any of us on the Committee would have known; he has covered it very well. I agree with his explanation and rationale, and the process through which the Committee dealt with the clause. Like him, I am not convinced either. I concur with him that it is a case of accountability.”
“Although to the Member who moved the amendments I may have seemed very critical, I think that there are lessons for us to learn. I look forward to the later consideration in the Committee. It is a serious problem not only in the North of Ireland but throughout Ireland.”
“It provides for disclosure of information by both the police and the PPS to bodies that are providing support services for victims and witnesses. Regarding the introduction of violent offences prevention orders (VOPOs), the Committee acknowledged that there is a gap when it comes to violent offenders who are a risk to the public. Similar to sexual offences prevention orders (SOPOs), the proposed measures can be a tool for managing those who pose a risk to society at large. Sex offenders and violent offenders will have to notify specific personal details to the police for the duration of an order determined by the court, and these measures should be welcomed.”
“I was reading in a document, which I got only in the past 24 hours — thanks to Mrs Kelly — that some police officers were not taking training up as it was a nuisance. That is something that all police officers need to be aware of. <BR /> <BR />I want to mention the good work that was done in the Committee on victims of and witnesses to crime, and I commend the Minister for moving forward some of the key recommendations, as the Chair mentioned, such as the victims' charter, which gives victims the opportunity to make personal statements. Hopefully, those things should improve victims' experience of the criminal justice system. <BR /> <BR />Amendment No 68, which was tabled by the Minister, is to be welcomed.”
“Initial examination of the schemes was positive. However, there are challenges, and I will read some of them out. I am not knocking the new tools completely, and they will be valuable to us as we move through further legislative stages. <BR /> <BR />The challenges include the absence of sentencing guidelines for breaches, the lack of a clear outline of the court process, difficulty in defining success, and complexities and bureaucracy. Those are things that we can learn from. Bureaucracy and time pressures were major barriers to the widespread use of DVPOs. A reluctance to use them was heightened by a lack of understanding. Dolores Kelly mentioned that there is a need for police officers to be trained in that area.”
“Women's Aid was at capacity and needed more resources to cope with the people whom it was meeting on a daily basis and arriving at its door. Dolores Kelly is right: we as politicians have had people arrive at our offices at all times of the morning and afternoon. I am happy to say that we have a good working relationship with Women's Aid in Enniskillen. <BR /> <BR />As legislators, we should be doing all that is possible to tackle the perpetrators of this grave crime. It is in that context that I welcome the series of amendments that the SDLP tabled. They will offer a new tool — namely, domestic violence protection orders and domestic violence protection notices — to police officers who are responding to domestic violence. Those have been rolled out through a number of pilot schemes in England and Wales.”
“I agree that this is an opportunity to legislate to tackle the very severe crimes of domestic and sexual violence in this part of Ireland. We will be doing a disservice to vulnerable groups if we allow the Bill to pass without closing gaps and tackling violent offenders. <BR /> <BR />I recently met Women's Aid in Enniskillen, and the Member opposite from my constituency, Tom Elliott, was with me. Regarding the degree of domestic violence that exists, it was a learning experience. Dolores Kelly outlined some stark statistics, and, across the island of Ireland, about 100 women have died at the hands of partners or ex-partners over the last 10 or 15 years. If it was happening in any other way, there would be an outcry. <BR /> <BR />The degree of domestic violence that takes place in this day and age is unbelievable.”
“Go raibh maith agat, a LeasCheann Comhairle. I support all of the amendments tabled by the SDLP. I welcome the fact that the Member who tabled the amendments has met the Justice Minister to explore some of the measures that she has proposed.”
“The switching of cases can also be in the interests of victims and witnesses, and we also welcome that. <BR /> <BR />Regarding clause 77, we raise concerns over the process of early pleas and would not want a situation where people unnecessarily plead guilty or vulnerable people are pushed into pleading early without full knowledge of the case and the implications. <BR /> <BR />Regarding clause 78 and early guilty pleas, I have some sympathy with what Alban Maginness raised earlier for solicitors via client relationship. We are not convinced that it is the statutory duty of a solicitor, and I look forward to the Minister's response and seeing whether he has some compromise position that can be agreed.”