Robin Swann
North Antrim · Ulster Unionist Party · Northern Ireland
“I thank the Minister for his detailed statement. I know how passionate he is about the subject and how many times he has brought it to the Executive.”
“It has been reported that today will potentially be the warmest day of the year. As we move into the summer and our summer holidays, I want to raise public awareness of wildfires across Northern Ireland, which have been detrimental to farmland and our environment over the past number of years.”
“Wildfires are still having a detrimental impact on our environment and, occasionally, on livestock, but that reduction shows the impact of the Northern Ireland Fire and Rescue Service's proactive approach to educating the general public and engaging with rural communities and schools on its fire safety message, which is to stay alert, not…”
“There has been a lot of talk of sport in this place over the past few days, with everybody concentrating on UEFA. One sport that is going on across Northern Ireland at the minute is cross-community and goes across all age groups without fear, favour or distinction: pigeon racing.”
“I want to put on record that, since this place passed the amendment that recognised pigeon racing as a sport under the 2016 Act, over the past five years, pigeon racing clubs across Northern Ireland have been able to obtain £113,000 of rates rebates through the sports and recreation rate relief, allowing many of those clubs to continue ra…”
“There was much coverage on social media over the weekend of an incident in Staines in England, in which a police car rammed a young calf to bring it under control. It has restarted the conversation about animal cruelty. <BR /> <BR />I am dealing with a specific case in my constituency.”
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“In line with that legislation, I plan to bring those measures before the House in the near future. I sincerely hope that we will not need to use those powers, but I cannot assume that there will be no need to protect the public from a new variant in future. Even with those powers in place, however, it would almost certainly be impossible to introduce new restrictions in the absence of an Executive. <BR /> <BR />Again, I would like to take this opportunity to urge everyone to continue to make safer choices and follow the public health advice. Doing that will not only help to keep you, your family and others safe but will undoubtedly help to keep our society and economy open and will reduce the pressures on our health system as we aim to return our society to normality. I commend the motion to the Assembly.”
“<BR /> <BR />It is vital that we continue to observe the sensible measures that we have learned to use in order to protect ourselves and others, such as meeting outdoors where possible, good ventilation indoors, the use of high-quality face coverings where appropriate in indoor settings, self-isolation when symptomatic or after a positive test, and uptake of vaccination, including boosters. Those measures form a baseline of good practice for the foreseeable future, and they will contribute to reducing the risk for the most vulnerable members of society. <BR /> <BR />Furthermore, it is important to retain our ability to make regulations again in case of urgent need. As previously communicated to the Executive, I intend to seek an extension of six months to the powers granted to the Department by the Coronavirus Act 2020.”
“<BR /> <BR />In light of legal advice, I wrote to my fellow Executive Ministers on 10 February, seeking their views. I was pleased to note that my ministerial colleagues supported my approach, enabling me to take the decision. Therefore, I instructed my officials to revoke the remaining restrictions, with the legislation coming into effect on 15 February. However, while the legal restrictions may have come to an end, the pandemic certainly has not, and any measures that were in regulations have moved to guidance.”
“No one should meet indoors in groups of more than 30. COVID certification should still be used in hospitality and entertainment venues. People should wear a face covering in enclosed public areas; in premises such as restaurants, cafes, bars and pubs; on public transport; for driving instruction; and in close-contact service settings. <BR /> <BR />Due to matters beyond my control or that of my Department, the Executive meeting that was scheduled for 10 February did not take place. That resulted in some uncertainty, as any previous decisions in respect of COVID-19 regulations had been made at Executive level. Having reached my conclusion regarding the removal of restrictions, I sought legal clarity from the Attorney General on whether I could implement this policy and revoke the regulations without seeking a decision from the Executive.”
“My conclusion also included a determination that the measures contained in the regulations should be the subject of official guidance to the public and to organisations. <BR /> <BR />It is worth noting the measures. Shop managers and anyone organising gatherings over a certain size should still conduct a risk assessment and take all reasonable measures to limit the risk of transmission. Managers of hospitality and entertainment venues should still conduct a risk assessment, take all reasonable measures to limit the risk of transmission and collect visitor information. Managers of tourist accommodation or close-contact services and anyone organising a wedding or civil partnership ceremony should still collect visitor information. Anyone organising a funeral or wake should still comply with Department of Health guidance on funerals.”
“Members are considering a single statutory rule that removes the remaining COVID-19 restrictions from regulation. SR 2022/47, the Health Protection (Coronavirus, Restrictions, Wearing of Face Coverings) (Revocation) Regulations (Northern Ireland) 2022, was made on 15 February and came into operation at 5.00 pm that day. <BR /> <BR />It had been the Executive's intention to review the remaining restriction regulations at their meeting on 10 February. Work had been done to assess the options available and the likely impact. In light of the position with the virus, the pressures upon the health service and the Executive's commitment not to have regulations in place any longer than necessary, I concluded that there was a case for ending the remaining legal restrictions.”
“Unfortunately, as our tabled amendments were not taken in their entirety, I will no longer oppose clause 1.”
“Let us take this opportunity to work together and focus our efforts on making a difference where it truly matters.”
“Many difficult decisions will have to be made about the competing priorities that we are facing. This means that we must manage our funding expectations, look at ways of working collaboratively and be innovative in our approach to achieve outcomes, because society and those in need of support must not suffer as a result of this. As representatives, we look to Departments and the health and social care sector to achieve that. We must also look at how we work as an Assembly to lead by example. <BR /> <BR />I look forward to the Bill reinforcing my Department's actions for the next autism strategy and to the next phase of collaborative working. I encourage you all, as representatives of our society, to concentrate on progress and working together to see the real outcomes achieved for autistic people, their families and their carers.”
“I must, however, reinforce the point that, without our three-year Budget, our financial outlook and the ability to address our services for the coming years will be both compromised and challenging.”
“I thank the Member. I do not want to deviate too far into encompass by starting to talk about IT systems and the need for funding, but encompass will provide that data collection. The Bill sponsor and a number of Members have mentioned how a regional approach to data collection will be a strength. Encompass is a computerised system that will cover health and social care across Northern Ireland, and we have not had that up until now. <BR /> <BR />In establishing the role of the autism reviewer, my Department will give due consideration to the interaction between the reports to be produced and the responsibilities placed on Departments to present funding reports alongside progress reports, which the current Act requires to be laid before the Assembly at intervals of not more than three years.”
“I must make Members aware that the identification and preparation of funding reports will require changes to our funding streams and additional resources for all Departments, our health and social care sector, our education sector and our employment sector. That will take time to achieve.”
“A number of other Ministers and Departments have expressed the same concerns. Owing to the multidisciplinary approach to autism, support must be delivered through a range of programmes of funding and pathways of care that are based on presented need, such as mental health issues, behavioural challenges, an eating disorder or a learning difficulty. For some, that may lead to an autism diagnosis or present as a coexisting condition that will require individualised support and care. It therefore may not be possible for Departments or the health and social care sector to provide the breakdown of funding for autism as a specific condition.”
“That appointment will establish an independent and robust oversight mechanism to drive further progress and demonstrate through reporting the difference that the autism strategy is making and that outcomes are being measured and met. Although it is stressed that the role will be independent, my Department will welcome the appointment of an individual to provide an oversight mechanism and form a meaningful and collaborative role alongside the work of the forum. It is vital that the reviewer be totally representative of all sectors that are engaged in working with autistic people. My Department will ensure that the appointment process reflects those values. <BR /> <BR />I acknowledge that the Bill will introduce an annual autism funding report. I have conveyed my concerns to the Committee about the ability to deliver on that clause.”
“Additionally, collaborative working between the Department of Health and the Department of Education has been greatly strengthened in recent years by the formation of a special educational needs steering group co-chaired by my Department and the Department of Education. A joint health and education oversight group has also been established. It comprises departmental officials from the two Departments and representatives from the Education Authority (EA) and the health and social care sector. Both groups are proactive in ensuring that the specific needs of children and young people in education, including the needs of those with autism, are addressed. <BR /> <BR />The Bill provides for the appointment of an autism reviewer.”
“I have stated many times that I share the concern of many about waiting lists for assessment, and the situation is not unique to autism. We have much to do to improve all our waiting lists for access to services and support across Northern Ireland. I can assure Members that the Health and Social Care Board (HSCB) has been proactive in meeting trusts that have lengthy waiting lists in order to determine the underlying causes and develop plans to address them. That will form part of the ongoing engagement to keep waiting lists under review and to develop regional consistency in accessing support and services across Northern Ireland. <BR /> <BR />Physical health is paramount for us all. We look forward to support and physical activity being more inclusive and accessible for everyone, with barriers to participation being removed.”
“At the next forum meeting in April, representatives from the housing sector will attend to discuss how the needs of autistic people are reflected in the provision of housing. At that meeting, a further session will be facilitated for discussion with colleagues from our health and social care sector. In recent months, my Department has been engaging extensively with that sector on waiting lists for autistic assessment and support.”
“At the last autism forum meeting, in January, representatives from the Department for Communities and the Department for the Economy had informative and productive discussions about the work that is being undertaken on skills and employment to support autistic people and, from the views captured, have gained considerations that will inform the development of future support and actions.”
“<BR /> <BR />By way of an example, my officials are working with the Civil Service central training unit in the Department of Finance, in the Centre for Applied Learning, to develop an e-learning course entitled, 'Supporting autistic people'. It has been co-produced by the autism forum to bring lived experience to the fore. The course will be available to all civil servants in the spring and will set out how public servants can support autistic people in the workplace and in our public services. It will also recognise the role of carers and will provide advice as to how they, too, can be supported in the workplace. <BR /> <BR />That is not the only aspect of the cross-departmental work that the autism forum has been engaged in.”
“<BR /> <BR />I am heartened that there is now greater recognition of the needs of autistic people and that that is being addressed through cross-departmental working. My officials are actively engaged in policy and strategy development and are invited to participate in projects to ensure that autism is represented at the table through collaboration in a number of cross-departmental and health and social care projects around recreation, supported living and housing, employment and learning, as well as health and well-being. Representatives from each of those projects are engaging with the autism forum to ensure that the views and needs of autistic people are reflected and captured.”
“<BR /> <BR />My Department places great importance on ensuring that there is an opportunity for the views of autistic people, their families and carers to be listened to and captured in the work being undertaken in developing and implementing the autism strategy. At the centre of that, the autism forum, which was established by my Department last year and is co-chaired by people with a first-hand lived experience of autism, is taking a prominent role in ensuring that the views and needs of autistic people are captured in the shaping of policy and strategy across Departments and in our health and social care sector. That collaborative approach ensures that autism is not simply regarded as a health problem but that policy reflects the wider lived experience of autistic people, their families and their carers.”
“Work is under way to increase understanding of autism and to ensure that the necessary support and interventions are provided at the time and place where they are most needed: in our health and social care sector, in education, in employment and in housing. <BR /> <BR />I hope that the Bill and the work that is being undertaken by my Department in implementing the current interim autism strategy and in the development of a longer-term strategy, which will be published next year, will see improved accessibility, increased consistency across our Province and real progress being achieved.”
“<BR /> <BR />As the mandate draws to a close, I hope that we will see significant improvements emerging as we work collectively and, hopefully, as a refreshed Executive in the coming months and years. However, I must reinforce, once again, that we can only achieve that progress if we work together. <BR /> <BR />Undoubtedly, elements of the Bill will present challenges and will require significant resource and investment from the next Executive, I am reassured that the overall direction of the Bill is reflective of the thinking and planning of my Department and across a number of Departments.”
“Unfortunately, I was not available to participate in the previous debate on the Bill. My tenure as Health Minister did not grant me exemption from COVID at that particular point. I will start this evening by acknowledging that, as has been mentioned, autism has been debated in the House on many occasions. A number of individuals have been named: Dominic Bradley, Kieran McCarthy of the Alliance Party, my predecessor, the Rev Dr Coulter, and Cathal Boylan, who is the remaining Member of that cohort. However, when we speak now of those names and their contributions in this place to autism causes, we can add Ms Pam Cameron to that list for her private Member's Bill.”
“The moving of this private Member's Bill to this stage also shows the determination of the Chair, Deputy Chair and members of the Health Committee to progress a number of pieces of legislation to the betterment of health and health provision in Northern Ireland.”
“I am pleased to respond to the Final Stage of the Autism (Amendment) Bill. I will start by commending the Bill sponsor, Mrs Pam Cameron, for her work in taking the Bill forward, and her commitment, determination and grit to see it through to this stage. I also commend the Health Committee for its commitment to and scrutiny in the progression of the Bill; the stakeholders who have contributed to shaping it and bringing it to Final Stage; and the campaigners, parents and grandparents, including those who have joined us tonight. <BR /> <BR />I echo the words of a Member who spoke previously in giving my thanks to the Health Committee for its work in taking forward the private Member's Bill. Earlier, we had the debate at the Further Consideration Stage of the Adoption and Children Bill.”
“We should not forget that as we take decisions on these amendments. <BR /> <BR />That brings me to the end of my concluding remarks. I can but thank the Members for their support and engagement in getting to this stage.”
“The Committee Chair indicated the interaction and engagement with stakeholders and all those interested. <BR /> <BR />The Bill is about making a real difference to the lives of adopted children, adults — adoptive parents and birth relatives — children in care, children on the edge of care and care leavers. The Bill demonstrates the best of this place, which is when the Assembly, the Committee, the Department and Ministers work together to take forward legislation that will benefit everyone. <BR /> <BR />It is clear how many important issues the Bill touches on and how important it is that we get it right. What we are talking about will impact on the lives of some of the most vulnerable children: the arrangements for their future care and the ability of caregivers to provide that care.”
“I thank the Members for their contributions to the debate on the amendments at Further Consideration Stage. <BR /> <BR />There were general comments about the cooperation and close partnership working involved in getting to this stage. Mr McGrath indicated the technical nature of the Bill. Ms Bradshaw indicated that it has been a long time since we amended the legislation: it started when my party colleague Michael McGimpsey was in this post but was not subsequently picked up. That is why this is such a large Bill. <BR /> <BR />To have got to the Further Consideration Stage of a Bill this size with only five technical amendments — four from me and one from the Committee — is testimony to the interaction and working together that we saw throughout the deliberation stages of the Bill: Second Stage, Consideration Stage and Committee Stage.”
“I thank Members for bearing with me, and I look forward to hearing the views on the amendments.”
“New subsections (3) and (4) will be inserted to provide that the duty to report will cease to have effect on the tenth anniversary of the date on which the Act is passed but only if all the provisions in Part 1 and Part 2 have been commenced and have been included in a report. <BR /> <BR />In tabling the amendments, my intention is to ensure that, in fulfilling the duty to report, the reporting process will be more effective and efficient and will result in comprehensive and timely reports being produced. That concludes my remarks on the amendments that have been tabled for consideration today. I believe that the Committee has indicated that it is content with the amendments that I have tabled. I am glad that we have been able to reach an outcome that is acceptable to all.”
“That is the date on which the Bill receives Royal Assent. Clause 158(3) provides that the Department may bring forward regulations to remove the requirement to report on the implementation of the Bill but not before the tenth anniversary of the Bill's receiving Royal Assent. <BR /> <BR />At Consideration Stage, I advised Members that I considered that it would have been more appropriate to include in the clause a sunset provision so that the duty automatically ceases to apply after a specified period or once all provisions have been fully commenced. I indicated that I would table a technical amendment at Further Consideration Stage. Amendment No 5 inserts a sunset clause.”
“To address that, amendment No 4, which I propose, amends clause 158 and inserts new subsections (1) and (2). In order to streamline and provide for a more efficient and effective reporting process and to take account of the fact that the implementation will be on a phased basis, new subsection (1) will place a duty on my Department, at least once every three years, to:”
“As my Department proposes that the implementation of the Bill will be on a phased basis over three years, that could result in a period of annual reporting in years 2026, 2027, 2028, and again in 2031 and 2032. It may also have the unintended consequence of creating a perverse incentive to delay the commencement of some provisions in order to avoid such annual reporting requirements. <BR /> <BR />While I accept that reporting on implementation is important — hence my overall support for clause 158 — we need to ensure that reporting does not take valuable staff resource away from the priority task of implementation. That was recognised by the Committee and Members when they considered whether to support the Department's amendment of the duty to report on the Children Order from an annual to a three-year requirement.”
“I will deal with amendment Nos 4 and 5 together. Clause 158 was inserted into the Bill following an amendment tabled on behalf of the Health Committee at Consideration Stage. It places a duty on the Department to review and make a report on the implementation of each provision of Part 1 and Part 2. The requirement will not apply until as soon as is practicable after the third anniversary of the commencement of each of the provisions in Part 1 and Part 2 and at least once in every five years thereafter, again in relation to each of the provisions that have been commenced. Having given further consideration to the reporting requirements in the clause, I consider that the practical outworkings could result in piecemeal reporting, with progress being made more difficult to track.”
“During the debate, I described at length the matters that were expected to be included in those regulations. I demonstrated that they would be procedural in nature, which supported my view that the negative resolution procedure was appropriate. I do not intend to repeat those reasons today. However, it is clear that the Committee remains determined to give effect to all of the examiner's recommendations. While I continue to be of the view that the regulations do not require the level of scrutiny from the Chamber that the affirmative resolution procedure would require, I do not intend to oppose the Committee's amendments.”
“However, I also indicated to Members that I did not propose to make amendments to the three remaining clauses: clause 24, which relates to contact; clause 52, which enables modifications to be made to the Children Order in relation to adoption; and clause 77, which enables the Department of Finance to prescribe in regulations the information that must be provided to the Registrar General when seeking to obtain:”
“I turn to amendment No 3, which has been tabled on behalf of the Health Committee. Members may recall that, during Consideration Stage, I advised that the Examiner of Statutory Rules had recommended that consideration should be given to whether the required level of Assembly control should be altered from negative to affirmative resolution in relation to the regulations to be made under clause 7. During that stage, I tabled amendments to provide for that in relation to four clauses that the Examiner had highlighted.”
“That is in new paragraph (1)(a) under clause 122. It also extends it to include "learning and development" without any qualification. By separating learning and development from education or training, the duty that we seek to apply to health and social care trusts will extend more widely to fully acknowledge that we should be seeking the absolute best for looked-after children and equipping them to give their best. As a result, if my amendment No 2 is agreed, the health and social care trusts will be required "to promote, facilitate and support" looked-after children's "learning and development" and also their:”
“That is intended to reflect that we should be seeking much for looked-after children over and above educational achievement, which tends to be measured by academic success, ie the number of GCSEs or A levels. As a result, during the Consideration Stage debate on the Committee's amendment, I indicated that, if agreed, I would seek to table an amendment, as suggested by the Department of Education, at Further Consideration Stage. Following further consultation with Health Committee members, the amendment that I propose retains the reference to:”
“When my officials consulted the Department of Education about the Committee's proposed amendment, it suggested that it may be preferable for a new paragraph (1)(a) to refer to the child's learning and development, rather than the child's:”
“The Committee's report on the Bill stated that its reason for proposing such an amendment was that it:”
“I have no issue with the addition of the words "facilitate and support" and do not propose any amendment to that today. <BR /> <BR />I turn to:”
“When the Bill was introduced, the provision in clause 122 amended article 26 of the Children (Northern Ireland) Order 1995 by inserting new paragraph (1A), which, as part of an authority's duty to safeguard and promote the welfare of a child whom it looks after, placed a duty to promote the child's educational achievement. The Health Committee subsequently tabled two amendments to that clause during Consideration Stage, and, as a result, an authority will be under:”
“The amendment will also retain the power to prescribe additional categories of persons in respect of those to whom the duty to provide services should apply. New sub-paragraph (b) in article 14F(7) provides for that. <BR /> <BR />The amendment will not in any way weaken the duty to provide services, which Members agreed to insert in the Bill. The duty will still apply to children in respect of whom a special guardianship order (SGO) is in force, their special guardians and parents, and children in respect of whom a person has given notice of intention to apply for an SGO or a court is considering whether to make an SGO for their prospective special guardians and parents. <BR /> <BR />Amendment No 2 amends clause 122.”
“If the two provisions are not aligned, and if there is no corresponding duty to assess, any duty to provide services will be significantly weakened and, arguably, will not make sense. <BR /> <BR />Amendment No 1 replaces the existing list of persons that is set out in sub-paragraphs (a) to (f) in article 14F(7) with new sub-paragraph (a), which provides that the duty to provide services assessed as needed will apply to any of those categories or persons specified in sub-paragraphs (a) to (d) in article 14F(3) in respect of those to whom an authority has a duty to undertake an assessment. <BR /> <BR />The definition of "relevant child" and "prospective special guardian" provided in article 14F(4) will also apply in relation to article 14F(7), once it is amended.”
“The purpose of this amendment is to align that duty more closely to the corresponding duty, set out in new article 14F(3), that is placed on health and social care trusts to undertake assessments of need for support services and, as a result, to provide greater clarity on the categories of persons in relation to whom the duty to provide support services will apply. Given that the duty to provide relates only to services that have been assessed as needed, there should be consistency between the relevant provisions in paragraphs (3) and (7). By way of example, that is the way in which the duties to assess and to provide in relation to adoption support services have been aligned in clause 5.”
“Although they propose changes to provisions that were inserted into the Bill by way of amendments tabled by the Committee at Consideration Stage, they do not, in my view, alter the policy intent of the Committee in tabling them. The amendments are intended to strengthen the Bill, to provide greater clarity and to ensure consistency of drafting with related clauses. In moving amendment No 1, I will also speak to amendment Nos 2, 3, 4 and 5. <BR /> <BR />Amendment No 1 amends the new article 14F(7) being inserted by clause 119, which places a duty on an authority to provide special guardianship support services that have been assessed as needed to certain specified categories of persons.”
“I am pleased to open the debate on the Further Consideration Stage of the Bill. Moving such a significant piece of legislation to this stage marks a further milestone in its progression to make a real difference to the lives of adopted children and adults, their adoptive parents and birth relatives, children in care, children on the edge of care and care leavers. I place on record my thanks to the Chair, members and staff of the Health Committee for their willingness to work with my officials to reach a consensus around the amendments standing in my name. <BR /> <BR />Only five amendments have been tabled for debate: four are in my name and one is tabled on behalf of the Committee. The amendments that I propose are technical in nature.”
“To date, those have predominantly been treatments for cancer, but other examples include heart conditions and chronic hepatitis. The scheme is equally open to all treatments that may be available in the future for different conditions. <BR /> <BR />I commend the motion to the House.”