Fearghal McKinney
South Belfast · Social Democratic and Labour Party · Northern Ireland
“We need to do everything we can to bring investment and job opportunities. A prosperity strategy should also include a massive programme of workforce training and skills enhancement.”
“In particular, we want the Programme for Government to adopt a much more joined-up style of government that delivers much greater accountability and transparency and will itself say that it wants Northern Ireland to work.”
“<BR /> <BR />We can point to collective achievements — local government reform among them — but just months ago the echoes of our past threatened our political future, reinforcing the challenges to our delicate political system that the Good Friday Agreement could never have foreseen.”
“Creating much better social cohesion and integration must be another Programme for Government requirement. <BR /> <BR />Health reform, job creation, better infrastructure, creating world-class education and tackling social deprivation are issues on which the SDLP is not prepared to compromise.”
“There are many big challenges facing Northern Ireland, perhaps the biggest of which is to get people into work. It is our job to create the infrastructural and educational opportunities and to maximise those opportunities.”
“It is our job to ensure that our people can and should dare to dream that life can be better; that our children will not be forced to leave these shores for the promise of work in Australia or America because of a failing economy — I referenced the Joseph Rowntree Foundation's latest research; that our health service provides a service th…”
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“I thank the Member for giving way. She will probably recall a Public Accounts Committee report, published last week, which alludes to a £131 million trust deficit. Has she any idea, in that case, where the £128 million increase will go, given that this is a one-year Budget? Will it go into that trust black hole? Is that something which Mr Ó Muilleoir can be proud of?”
“Will you take a point of clarification? Is the Member saying that it is fair enough that the allegation was made that there was a lack of scrutiny or that it is fair enough and that there is not a lack of scrutiny?”
“While, of course, the focus is on that strategic level and the headline finance, my further focus is on the students themselves — the customers, if you like. Can the Minister give an assurance that grants, especially for those from a vulnerable and poor background, will not be cut?”
“I thank the Minister. Will he update the House on the status of INTERREG's EU monitoring committee? Will he assure the House that everything possible is being done to maximise the drawdown of funding across INTERREG's range of funds?”
“I am sure that, like me, the Minister will welcome the announcement that Northern Ireland will host the Commonwealth Youth Games in 2021. Can he reflect on the benefits to the economy of the Commonwealth Youth Games, as well as the costs, infrastructural implications and marketing? What discussions are being had with Tourism Ireland about how it will be involved?”
“Surely the person, in circumstances such as these, would identify themselves as an individual who does not want their information shared. Of course they will share the initial bit of their information, such as, "Fearghal McKinney, 1 Acacia Avenue", pro forma sort of information. It is a simple process, but it is the person who will say, "I do not want my information to be shared." They are handing that piece of information over and saying, "Do not share it."”
“Can I clarify one particular point? The Minister appears to be saying that, in the processing of the information, the individual would have to be alerted because of each request from an external body. Surely it is the other way around, in that an individual, aware that they can have their data not shared, makes that clear and, therefore, it is not shared.”
“We believe that the evidence received by the Committee proves otherwise, and, in this context, the SDLP supports today's amendment, as we believe that it affords greater protection and safeguards for patients who do not want their medical data to be released. <BR /> <BR />I would like to raise one other issue in relation to a letter that we received from the Minister, where he refers to the process of relevant persons applying to the committee in relation to regulations, and yet — if I understand his letter correctly — he calls into question that very same process in relation to our opt-out proposal. So I ask him just to clarify some detail on that.”
“<BR /> <BR />The briefings to the Committee state that the processing of patients' data is unlikely to engage this provision and, importantly, that section 10 does not adequately provide for a right to opt out of processing. I think that this ultimately speaks for itself; that the DPA is only engaged in the most extreme of circumstances and does not offer a wide ambit of protection for most cases. This only reinforces the need for support, and I encourage support in the House for today's Committee amendment. <BR /> <BR />As I said, this reinforces that need and calls into question the Minister's assertion that the amendment would impact on the operation of the DPA.”
“<BR /> <BR />Departmental officials attended the Committee on 7 January 2016 to brief members on the implications of having the opt out in the Bill. However, the impact that such a provision would have on the DPA remained unclear, and we then sought the legal advice, which we are relying on, as well as receiving legal advice from an expert in social policy at Queen's University. Both documents revealed that the Committee's initial concerns, and the rationale behind today's amendment have been warranted, and they reflect our view that privacy rights under section 10 of the DPA exist only where the process is causing — and I think it important to stress this too — unwarranted substantial damage or substantial distress. So, the DPA operates in a different category or framework to what the Committee is proposing around the health data.”
“I welcome the opportunity to contribute to today's Further Consideration Stage of the Health and Social Care (Control of Data Processing) Bill, and I do so as a member of the Health Committee and as SDLP Health spokesperson. <BR /> <BR />To go over some of the ground again; during the Committee's deliberations on the Bill, it became clear that major concerns existed regarding an individual's right to opt out and its implications on an individual's right to a private life. The Committee sought clarification on the issue, and the Minister wrote to the Committee, as has been explained, stating that such an opt-out provision existed in section 10 of the Data Protection Act, and that the inclusion of such an opt-out provision in the Bill is — I stress — likely to interfere with this legal provision, which was a reserved matter for Westminster.”
“I am delighted to hear that the Minister knows the value of them. Of course, it is about capacity building as well, in how an organisation starts with the germination of an idea and develops it. In that context, will he also consider allowing his officials to liaise with the Carryduff regeneration forum to at least step them through the process?”
“I will, Mr Principal Deputy Speaker. Thank you. We will be voting against the Budget.”
“Has it even received any appropriation of funding in this Budget, and has he engaged with staff on that fund? Those are important questions. In the meantime, there is still a chance for change. At its core, Transforming Your Care saw the strain that there was on the health service, particularly on the expensive side, with a growing older population and longer-term health conditions, and the need to reach into communities with meaningful health interventions by bolstering primary care. In 2011, authors recognised and acknowledged that growing demand.”
“Kicking the problems facing the health service down the line, beyond the election — I think there is a motivation there — does not resolve the problems, and the public here deserve better and more. <BR /> <BR />The Minister's most recent proposal to shut the Health and Social Care Board will not benefit patient outcomes. Of course it addresses a layer of bureaucracy, but there are no savings to be made from changing a name plaque on a building and diverting staff — some of them into the trust. I see the Minister shaking his head. We had figures last week at the Committee, Minister, that reflected that, of the 600 staff, maybe 10% would go. Most of them are going to the Department, and a load are going to the trust. The Minister has provided little detail on his transformation fund, aimed at encouraging reform and innovation.”
“In the next year, health and social care will receive an extra 1% in real terms to deal with additional pressure, not to mention recurrent pressures from last year, and I will get to that in a moment. This question remains: where does the Minister intend to get the 5% savings, and what is his plan to mitigate demand for services and increasing spend? <BR /> <BR />We do not have, for example — I know that a point was made earlier about detail — statistics on trusts' savings plans. The approach taken by successive DUP Health Ministers has been to fundamentally ignore the underlying issues attributing to demand. To continue in this current direction of travel only means that, as we go forward in this short-term way, we will not address the issues as they emerge.”
“The resolution of the elective care crisis and future resolutions will not be mitigated until there is that proper strategic focus at the heart of our health service, followed by implementation. <BR /> <BR />Today's Budget should have been an important opportunity to signal a change. We have known for years the context of the problem, and this was an important opportunity to signal a change. However, the focus is not on older people's care, nor is it on the community side. Nor is there a major signal from the Executive that, once and for all, we will deal with these issues comprehensively. The SDLP has been consistent in that argument. <BR /> <BR />It is important to remember the context that pressure on the Health budget grows by around 6% annually. As this Budget is presented, there is a massive flaw.”
“We have clearly seen that this short-term approach has failed, and we should not be surprised when we have no long-term strategy. We have many people, especially the elderly, who are waiting enormous lengths of time for treatment. In the 21st century, that is simply unforgivable. It was unforgivable when this crisis erupted late last year and we had no Minister in place to respond. That is an indictment of leadership. <BR /> <BR />The Minister will no doubt point to the November monitoring round, but that has done little to mitigate those pressures, and I do not see any significant additional funding in next year's budget. The extra £40 million given last year is a speck in the ocean, and there are question marks over how it can be spent and whether the Department has made any meaningful attempt to increase public-sector capacity.”
“Northern Ireland now has the worst record in the UK for 12- and four-hour waiting targets for emergency care, and that has been reflected all across Northern Ireland. In fact, patients' care is continually being put at risk, with hospitals continuing to breach those targets. Indeed, some of that is emerging now out of the new critical-care building; they are diverting people out of it now because the pressures are still there. <BR /> <BR />As already mentioned, we also have a massive crisis in elective care, caused by the Minister and the Department effectively redirecting funds away from elective care into those emergency departments. That was in an effort to try to solve the A&E crisis, but all they did was provoke another one in elective care.”
“As we enter 2016, the public are feeling the cold from the health crisis, with seemingly insurmountable pressures around A&E, colossal queues for elective care, 300,000 people on waiting lists, and care home closures, followed by the stripping of home domiciliary care services. Against that backdrop, the latest round of winter hospital statistics are not surprising. As the SDLP has been pointing out for months, there is a real crisis here. What continues to shock the public and others is that the Minister and the Department have continually failed to implement a robust and coherent long-term strategy to deal with increasing demand on the system. To use a health image, it has been all sticking plaster and no strategy.”
“Those fiscal shortfalls are provoking severe and intolerable pressures across Health and Social Care. It is important to recognise, as I do in every contribution, the pressures on nearly 65,000 dedicated and professional staff who work to the highest standards in often difficult situations. Their commitment, energy and compassion should receive the highest praise. Remember that the circumstances that they are working under are not of their making.”
“I welcome the opportunity to contribute to the debate. As SDLP deputy leader and health spokesperson, I will focus on the Department of Health, Social Services and Public Safety. The SDLP has alternative approaches, and I will outline some of those in relation to health in my remarks. One thing that will definitely not be in those proposals is Chris Hazzard's wacky economics, which propose paying off everybody's credit card bills. That will not be anywhere near what our proposals will be. <BR /> <BR />Like others, I congratulate the new Finance Minister on his recent appointment. Like all of us, he is aware that there are many genuine pressures on the health service. Throughout the past number of years, I have been expressing, on behalf of the party, our concern about the financial allocation to the health service.”
“I thank the Member for giving way. In the context of his recent remarks, will he explain how a £12 million cut in the training budget for undergraduates and a cut to graduate places is consistent with the ambition that he has just reflected?”
“I thank the Member for giving way. The Member has not seen my speech yet, but it is already clear that her concerns are reflected in what I am prepared to deliver to the House, and, in that context, I will vote against the Budget. Given your concerns, will Sinn Féin also vote against it?”
“In that context, what assurances can the Minister give that all subjects currently offered will continue to be available post September 2016 and that no student will be disproportionately impacted by those decisions?”
“I believe that the Fire Brigades Union and those in charge would be willing to look at options on potential invest-to-save programmes. However, in the meantime, people's lives are being put at risk as a result of these budget proposals.”
“<BR /> <BR />The Minister, in justifying his cuts, will tell us that there is no operational threat, but the warnings from the key Fire Service unions suggest otherwise. I cannot accept the DUP amendment, consistent as it is with attempting to recognise the front line but not underscoring the budget need as a result. The Fire Service here also has additional statutory obligations that include flooding, rescue and large animal rescue. Those, by the way, are in addition to what fire provision is in the rest of the UK. We have additional statutory responsibilities here. <BR /> <BR />Over the past couple of years, I have tried to emphasise, particularly in discussions on budget reductions and reorganisation, that we need to think strategically.”
“<BR /> <BR />The Fire Brigades Union and the chief executive have said that a further 5·6% cut, as proposed in the new budget, would mean not only that the service would be unable to meet its statutory requirements but that it would severely impact on response times to emergency incidents and the levels of resilience in Northern Ireland. This cut would lead to the loss of 67 full-time firefighter posts and the closure of three one-pump stations or one full multi-pump station and one one-pump station. Will the Minister point out in his remarks which stations those will be? How can the Minister ensure that there will be no risk to public safety? It is worth repeating that question: will the Minister give us a guarantee today that, as a result of the budget cuts, there will be no risk to public safety and firefighter safety?”
“The proposal is to cut it by an extra 5·6%, meaning that, since 2012, the Fire and Rescue Service will have faced a budget cut of 20%. As Mrs Dobson said, there is a real question about provision, and that is not just provision of the health and safety aspect but provision when it comes to saving lives. <BR /> <BR />The cuts have already had a detrimental impact on the ability of the Fire and Rescue Service adequately to cover certain areas. There are now real concerns about areas like Strabane, Downpatrick, Dungannon and Enniskillen, which are without full-time cover. In 1984, an assessment was done of fire cover needs. It recommended that Fire Service cover in places like Enniskillen should be full-time. None of that has happened. It has been retained throughout most of the last 31 years.”
“<BR /> <BR />I turn to the DUP's amendment and the importance that it places on ensuring that any service cuts do not compromise public safety. I met the Fire Brigades Union and listened to the views of the Chief Fire Officer. They sent out a very severe and stark warning that further budget cuts would place communities across Northern Ireland at risk. The DUP amendment calls on the NIFRS to be categorised as front-line but does not draw the connection to the budget. Neither does it draw the connection to the depletion of the service. Over the last five years, our Fire and Rescue Service has had to deal with year-on-year cuts to its budget. From 2011-12 to 2015-16, the NIFRS budget was cut by £12 million or 14·5%.”
“<BR /> <BR />It is also arguable that the Fire and Rescue Service engages in vital health promotion and in public safety activities relating to prevention and early intervention in cases of an emergency. Last year alone, it carried out 7,000 home fire safety checks and installed 5,000 smoke alarms, some for the most at-risk and vulnerable people. As our older population continues to grow, so does dementia, and that is a vital link for those who might find themselves unable to recognise the danger that is in their home, even when it reaches crisis point. For me, there is no logical conclusion other than to designate the Fire and Rescue Service as a front-line health and safety service, and this needs to be recognised and supported by our Executive by ring-fencing its funding.”
“On every call-out, the Fire Service is directly involved with the public in providing life-saving services. Last year alone, the Fire Service attended 720 road traffic collisions, working in close collaboration with the Ambulance Service and other health professionals to ensure the best possible outcome for patients. After a crash, the patient will not get out of a car and to a doctor unless the Fire Service releases them. That is why it is the front line in a very practical way. Without this work, many here who have been involved in accidents would not be alive today. I ask the Minister and his Executive colleagues to explain why the Fire and Rescue Service faces a budget cut as a non-front-line service.”
“That is why we have tabled an amendment to today's motion. The SDLP believes that the Fire and Rescue Service is a front-line service that wholly deserves the same budgetary protection as other vital front-line health and social care services. That is why it was extremely important to table the amendment. <BR /> <BR />When you look at the Department's definition of a front-line service, provided by Mr Wells, the then Health Minister, it is easy to see why one would call the Fire and Rescue Service front-line and why its budget deserves to be ring-fenced. In answer to a question from me, he replied:”
“No incident better exemplifies their dedication and bravery than their attendance at a scene, just before Christmas, involving one of their own, Eugene McNally, who died in tragic circumstances in a crash on the A1. It is, therefore, vital that the Assembly shows its appreciation of the invaluable services that the Fire Service provides. <BR /> <BR />I thank Mrs Dobson and Mr McGimpsey for tabling the motion. However, we believe that the flaw at its heart is their understanding that the Health Minister alone has the remit or authority to ring-fence funding for the Fire Service. During last year's budget deliberations, we heard from the Minister's predecessor, Mr Wells, that the decision to give the Fire and Rescue Service budgetary protection as a front-line service was for the Executive and that the Executive had made the decision.”
“<BR /> <BR />Last year alone, firefighters responded to a total of nearly 23,000 emergency incidents across Northern Ireland. Those include road traffic collisions, rescues and flooding, which we have all recently witnessed. Firefighters also respond to fires, of course, and building collapses — the list goes on. Firefighters really are on the front line when emergency situations strike and the public's lives are put on the line.”
“<BR /> <BR />We are all very aware of the dangers of fire and of how dependent we are, when disaster strikes, on the skills and courage of our firefighters. They put their lives at risk to protect the public, and their professionalism and dedication to saving lives never fails to impress me. I am sure that that applies to all in the Chamber and to the wider public. <BR /> <BR />Firefighters provide a vital and extremely important front-line service, and they are there at every fire and every incident across Northern Ireland. I am glad, as has been said, that so many of them have come to Stormont today to voice their very real concerns in person at the detrimental impact that next year's budget will have on their ability to provide that service.”
“I welcome the opportunity, as health spokesperson for the SDLP, to move this amendment on such an important issue. I stress the need to have proper funding for our Fire and Rescue Service so that it can provide a vital front-line service that is best able to protect the public and ensure that firefighters' own safety is not put at risk. <BR /> <BR />I take this opportunity to offer my condolences to the family and friends of Ellen Finnegan, who tragically lost her life at the weekend in a fire in Castlewellan. Our thoughts and prayers are with Ellen's family at this time of great sadness and despair. Unfortunately, in that case, it was too late for the Fire Service to make a difference, but I pay tribute to the many firefighters across Northern Ireland who make such a significant contribution to our society.”
“The Minister will be aware of the further £12 million of proposed cuts to higher education in the Budget. How will that impact on the strategic objectives of his Department and the future Department for the Economy in introducing corporation tax?”
“I thank the Minister for his answer. I am glad that he enjoyed that launch; some of us were surprised not to have been invited to it. How does he plan to measure the success of the Year of Food and Drink 2016 project?”
“<BR /> <BR />To conclude, I reiterate my colleague's comments that the SDLP supports the Bill. We believe that it is a step in the right direction and will go some way to bolstering credit unions to ensure that they are best able and best placed to serve our community. It is a great tribute to the ongoing work of those involved in credit unions and those who helped to found the credit union movement. It is a great leap forward, and I look forward to Further Consideration Stage.”
“I hope that that does not become an action at the end of the two-year period. We need to look at this issue again. Maybe the Minister will reflect on the timing of any review in his remarks. <BR /> <BR />Co-operatives UK raised an issue with clause 8, which deals with the registration of societies. It wrote to the Committee stating that a change to the registration process stipulated under the provision adds a bureaucratic layer for mutual innovation. That, we discovered, fell outside the legislative scope of the Bill. I am glad that the Minister has addressed those concerns. I support clause 8, as drafted. <BR /> <BR />Finally, I will deal with clause 15 and amendment No 2. As the Minister outlined, this amendment is technical in nature and follows the report from the Examiner of Statutory Rules.”
“Its clauses have the broad support of the sector, which was reflected in the Committee's investigations. I am glad that we have reached Consideration Stage. However, as we have heard, many areas required closer scrutiny. The Irish League and the Ulster Federation raised concerns, particularly on the issue of unincorporated bodies. I will give some more detail on the background to amendment No 1. It became apparent that there were a number of complex legal considerations involving HMRC, namely that, under common law, unlike registered businesses, an unincorporated organisation is not a separate entity. We have arrived at the point of looking at the issue further, which I welcome and believe is the right course of action. I note that the amendment talks of a review within two years.”
“<BR /> <BR />I am glad that the Bill further protects the role of credit unions and other providers, and I hope that it goes some way to alleviating the financial pressures that many people feel that they are under. It is important to take this opportunity, as other Members have done, to commend those involved in bringing forward the Bill. I underscore the remarks of our Chairman and thank the Minister and his departmental officials for their continuous engagement with the Committee during its scrutiny of the legislation. I thank the Ulster Federation of Credit Unions and the Irish League of Credit Unions, whose representatives attended numerous oral evidence sessions with the Committee to tease out, as you have heard, many of the issues that arose. <BR /> <BR />The Bill has been largely uncontroversial.”
“I support the Credit Unions and Co-operative and Community Benefit Societies Bill as a member of the ETI Committee and on behalf of the SDLP. <BR /> <BR />Credit unions are an integral part of our economy and make a massive contribution by offering financial services and credit to many individuals. It is important to remind the House that credit unions were established, with Ireland's greatest — John Hume — playing a pivotal role, to address the massive inequality in our society, where many vulnerable people were being exploited for profit. Some of that exploitation is still being seen today through payday loans, which have been mentioned, and other short-term financial deals that have the potential to exploit many people.”
“On a point of order, Mr Speaker. I have two apologies to make: one is for interrupting you, and the second is that, although I hastened to the Chamber ahead of Question Time at 2.00 pm, I, unfortunately, missed my question. I apologise to you and to the House.”
“I welcome the Minister's latter comments. I have always felt that early access to music is a hallmark of a civilised society. Indeed, just think of what early access to music and instruments did for David Bowie and his millions of fans. In that context, will the Minister outline whether any alternative funds are available, for example, through the Arts Council, to ensure that young people have access to music and musical instruments?”
“I thank the Minister for giving way. Can the Minister explain what he means by "negative impact"? Is it just that it is as a result of dual legislation, or is it that it is impacting negatively on the 1998 Act in another way?”
“<BR /> <BR />In conclusion, the SDLP supports the Bill, as amended, as we believe that it affords greater protections and safeguards for patients when their data is being released. Following amendment, this could be done only under prescribed circumstances with a robust committee scrutiny function and a comprehensive code of practice for data processors. I look forward to the outcome of further consideration by the Committee and further debating this at the next stage of this Bill.”
“<BR /> <BR />Furthermore, the establishment of a committee to oversee and grant access to such information under the Bill is prescribed in amendments to clause 2, which would further be supplemented by the work of regulations and codes of practice. This, again, offers further protection in creating robust measures for the specialised committee and data processors to follow. <BR /> <BR />The code of practice has been an issue of contention for the Committee, which held the view that it must be strengthened so it must be complied with. That is reflected in the Committee's second amendment, which specifically states that a breach of the code is admissible in evidence in courts or tribunals when a data processor has acted outside the scope of the Bill.”
“<BR /> <BR />With regard to the Committee's first amendment, the Minister has indicated in a letter to the Committee, as we have heard, that he cannot support the opt-out provision being on the Bill, due to the legal implications of section 10 of the Data Protection Act. That is a very important provision, considering the implications for those patients who do not want their data released and explicitly state that. As you have heard, the Health Committee has decided to seek legal counsel on the options available around the amendment, but I hope that a resolution can be found as the Bill continues its passage through the Assembly.”