← LEADERSHIP TERMINAL

UK PARLIAMENT · FORMER

David Ford

South Antrim · Alliance Party · Northern Ireland

IN THEIR OWN WORDS

All I can say is that I remember officials coming back into the Department and saying, "You wouldn't have been very pleased with what Trevor or Stewart said at the Committee yesterday, Minister".

OFFICIAL REPORT, 2017-01-24 · READ THE OFFICIAL RECORD

<BR /> <BR />When I listened to the start of the debate, I welcomed the comments that Mr McGuigan made, but, as Alex Attwood said so forcibly, even when he intervened and asked what had changed, there was an inability on the part of the Sinn Féin representative to explain anything other than to say that there is an election in six weeks'…

OFFICIAL REPORT, 2017-01-24 · READ THE OFFICIAL RECORD

<BR /> <BR />No doubt, what we saw from in/out Ministers not so long ago and the failure of the outgoing First Minister to accept her role when she was Minister in DETI to deal with the issue has further added to that.

OFFICIAL REPORT, 2017-01-24 · READ THE OFFICIAL RECORD

There is an inability in all that we face at the moment to recognise the public disgust at the behaviour of certain people in this place and, most particularly, in the Executive.

OFFICIAL REPORT, 2017-01-24 · READ THE OFFICIAL RECORD

On a point of order, Mr Speaker. In his question to the Minister on that statement, Mr Paul Girvan suggested that some judges spin out cases inappropriately in their own financial interests.

OFFICIAL REPORT, 2017-01-24 · READ THE OFFICIAL RECORD

Less than the full truth emerged and facts were eventually slowly dragged out from the bunker, sorry, from Stormont Castle. It is a classic example of why people have lost trust in the way that this place operates; it is a classic example of why the ministerial code needs to be enforced at least as rigorously as we enforce procedures agai…

OFFICIAL REPORT, 2017-01-24 · READ THE OFFICIAL RECORD

The complete record

Every one of 2,469 lines we hold for David Ford, in date order, each linked to its source. Free to read, in full, without an account. Page 44 of 50.

  1. Members will agree that human trafficking victims would be particularly vulnerable to criminal exploitation through those offences. I am supportive of the amendment and believe it is consistent with the Modern Slavery Bill and the EU directive. <BR /> <BR />I am grateful to Lord Morrow for tabling the final amendment in this group, amendment 44, which would remove the existing provision for a Northern Ireland rapporteur under clause 26. <BR /> <BR />Members will be aware that I have laid a legislative consent memorandum before the House seeking the extension to Northern Ireland of the UK-wide Independent anti-slavery commissioner under the Westminster Modern Slavery Bill. I expect that, before long, I shall be standing here again to debate that motion.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  2. Those include the following: an offence under section 4 of the Identity Documents Act 2010 relating to the possession of false identity documents with improper intention; offences under section 26A of the Immigration Act 1971 relating to registration cards; and an offence under section 106 of the Immigration and Asylum Act 1999 relating to dishonest representations. It also includes offences under sections of the Forgery and Counterfeiting Act 1981 relating to forgery, copying a false document and using a false instrument or document. Those are section 1, dealing with forgery; section 2, which is on copying a false instrument; section 3, dealing with using a false instrument; and section 4, which deals with using a copy of a false instrument.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  3. The defence does not apply to offences attracting a maximum sentence of five years or more, except in a small number of specified offences under the Misuse of Drugs Act 1971, which are particularly relevant to victims of human trafficking. <BR /> <BR />Amendment No 30 adds to the list of offences that the clause 23 defence will cover and has been informed by the EU directive on trafficking in human beings, which recommends that victims should be protected from prosecution for criminal activities involving the use of false documents. <BR /> <BR />As such, amendment No 30 makes provision for a number of offences relating to false documentation to be covered by the defence.

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  4. The new proposed definition under amendment No 29 uses the phrase "ordinarily resident", which is the phrase that is used in the Health and Personal Social Services Order 1972. The revised definition also includes a harm test, which will allow discretion to be exercised and prevent children from being deemed as separated unnecessarily. <BR /> <BR />Amendment No 46 to clause 29 is consequential upon these changes to the guardian's title provided for by the amendments to clause 22 and is similarly technical in nature. <BR /> <BR />Amendment No 30 to clause 23 was tabled by Lord Morrow and supported by me. Members will recall that clause 23 creates a defence for slavery and trafficking victims who have been compelled to commit certain offences as a direct result of being a victim of slavery or relevant exploitation.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  5. I cannot therefore formally endorse those amendments without Executive approval, but I will certainly not oppose them. I trust that the House will take the suitable hint. <BR /> <BR />The definition proposed at Consideration Stage would have included all children arriving in Northern Ireland in groups, such as those with school trips or voluntary groups, even where there was no risk of harm to children and where they travelled with their parents' consent in the company of other responsible adults.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  6. As well as inserting a new subsection (11), amendment No 29 amends subsection (10), which provides a revised definition of "separated child" to ensure that children are not brought into scope unnecessarily and to give effect to the policy intention. <BR /> <BR />Given the time pressures between Bill stages, the Executive have not yet had an opportunity to consider formally and agree the proposed changes under amendment Nos 16, 25 and 29. However, I understand that the Minister of Health, Social Services and Public Safety, who would be responsible for implementing them, is supportive of them and that officials from his Department have worked with the Office of the Legislative Counsel and Lord Morrow to ensure that the provisions of clause 22 are deliverable in practice, particularly on the definition of a separated child.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  7. That was necessary to remove any potential confusion with other guardian roles, including parental responsibility and statutory guardian roles, such as the guardian ad litem. Amendment No 29 inserts new subsection (11) for further clarification. Amendment No 16 inserts new subsection (2A), which removes the connection between a separated child and the national referral mechanism and clarifies that the Health and Social Care Board shall determine who is a separated child. Amendment No 25 introduces the requirement for the guardian to communicate the views of the child. This is to ensure that the child's views are heard unfiltered by those making decisions regarding them.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  8. Amendment No 4 provides an order-making power to amend the reference to the NCA, in the event that the responsibility for collating reports of suspected cases should pass to another body. Amendment No 45 is consequential to amendment No 4 and ensures that the new order-making power is included in the general provision on orders and regulations under clause 29. <BR /> <BR />Amendments to clause 22 relating to independent guardians are covered by amendments Nos 15 to 29. They were tabled by Lord Morrow and are intended to ensure that the intentions of the clause with regard to separated children are deliverable in practice. Amendment Nos 15,17 to 24 and 26 to 28 are purely technical in nature. Their effect is to change the title of the guardian throughout clause 22 from "Independent Legal Guardian" to "independent guardian".

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  9. I emphasise that amendment No 4 is also supported by Lord Morrow. <BR /> <BR />Members will know that clause 13 is intended to improve our understanding of and response to human trafficking and slavery-type offences as they occur in Northern Ireland by placing a duty on specified public authorities to report suspected cases of trafficking and slavery to the National Crime Agency. Amendment No 4 maintains that effect but is intended to future-proof the Bill against any potential structural changes in the reporting arrangements, particularly in the light of the recently published review of the national referral mechanism, which suggested the possible establishment of a new modern slavery intelligence hub situated in the Home Office.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  10. I am grateful to those who have contributed to this short debate on the first group, particularly to the Chair for his usual constructive comments. I am not sure whether I could say quite the same thing about Mr Elliott's contribution, but he seemed to be in vaguely the same area. I am also grateful to Mr Dickson and most particularly to Lord Morrow, recognising the good work that has been done in partnership. I commend this group of amendments to the Assembly and trust that they will be supported.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  11. I am grateful to the Member for giving way. That is presumably why I co-signed all but one of the amendments before us today relating to clause 15. I accept that that is group 3; I will not push that point.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  12. In order to accommodate that work, amendment No 47 makes provision for clause 11 and schedule 3 relating to STPOs, and clause 13 in respect of the duty to report suspected victims of trafficking and slavery, to be commenced by order of the Department. I trust that the proposed commencement arrangements, which have been agreed with Lord Morrow and the Justice Committee, will demonstrate my practical commitment to the full commencement of the Bill as early as possible and that the Assembly will support amendment No 47. <BR /> <BR />Finally, in this section, Mr Deputy Speaker, amendment No 61, in the name of Lord Morrow, would amend the long title to reflect more accurately the additional provisions that were inserted into the Bill at Consideration Stage.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  13. Clauses 12 and 21, which relate to a human trafficking and slavery strategy, and guidance as to compensation for victims, will commence one month after Royal Assent, and clause 22, which makes provision for independent guardians, will commence 10 months after Royal Assent. I know that many Members will be interested in the commencement arrangements for clause 15, or as it was, clause 6. That provision will come into effect on 1 June 2015. It will probably be about four months after Royal Assent rather than the six months that were seen as desirable by the justice agencies. <BR /> <BR />Some provisions will require secondary legislation. In implementing a number of measures, we will also need to take cognisance of equivalent developments in the other UK jurisdictions.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  14. <BR /> <BR />Amendment No 47 to clause 30 has been tabled in my name. I am grateful for the support of Lord Morrow and the Chair of the Justice Committee in bringing that amendment. Members will recall that, during Consideration Stage, I undertook to look again at what commencement provisions should apply, with a view to ensuring that the Bill was commenced as early as possible. The effect of amendment No 47 is that the vast majority of measures in the Bill, with the exception of a very few specified provisions, will come into effect on the day after Royal Assent. <BR /> <BR />Members will be aware that some of the provisions will require preparatory work in respect of guidance or strategies. So, in some cases, the provisions are to be commenced automatically within a fixed period after Royal Assent.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  15. I am content, therefore, that the power already exists, and I have tabled these amendments in order to avoid duplication. <BR /> <BR />Amendment Nos 56 and 57 make provision for the destruction of any information shared with the Chief Constable under paragraph 19 once the STPO ceases to have effect and the individual is no longer subject to the associated notification requirements. These amendments ensure that the same arrangements are in place for the retention and destruction of information under paragraph 19 of schedule 3 as for fingerprint and photographic data under paragraph 15 of schedule 3. <BR /> <BR />Amendment Nos 58 to 60 to schedules 4 and 5 are also tabled in my name and supported by Lord Morrow. Together, they make further consequential provision and repeals.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  16. In particular, part 2 of schedule 3 makes provision for the notification requirements that will apply to individuals subject to an STPO, and part 3 makes supplementary provision. In that context, paragraphs 18 and 19 of schedule 3 make provision for the supply of information between the Chief Constable and certain bodies and persons in order to verify information that has been provided under the notification requirements. Those bodies currently include Her Majesty’s Commissioners for Revenue and Customs. Amendment Nos 48 to 55 will simply remove HMRC from that list as further legal advice has confirmed that this function is already available under section 19 of the Anti-terrorism, Crime and Security Act 2001 and is supported by a memorandum of understanding between HMRC and the Association of Chief Police Officers.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  17. <BR /> <BR />I understand that Lord Morrow is keen to reflect the terminology of the equivalent legislation in England and Wales, and there are certainly some suggestions that there are potential benefits of having a consistent approach. As such, I do not intend to push these amendments to a vote <BR /> <BR />Amendment Nos 48 to 57 to schedule 3 are tabled in my name and supported by Lord Morrow. Once more, those are technical amendments that are intended to correct and refine the earlier provisions agreed by the Assembly at Consideration Stage. Members will be aware that, together, clause 11 and schedule 3 make provision for the introduction of slavery and trafficking prevention orders (STPOs).

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  18. Again, those amendments are technical in nature and, collectively, would have the effect of replacing the word &quot;victim&quot; with the word &quot;complainant&quot; throughout the clause, as well as defining what is meant by the word &quot;complainant&quot; and the words &quot;the accused&quot;. <BR /> <BR />Whilst I have no strong concerns about the effect of those amendments, I have been advised that they are not necessary. What is meant by &quot;complainant&quot; and &quot;the accused&quot; is well established and does not need further definition. Furthermore, since clause 24 makes provision on police interviews, that is, before criminal proceedings commence, I believe that the term &quot;victim&quot; is more appropriate. That is why I have not added my name to these amendments.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  19. Amendment No 1 amends article 2 of the Criminal Justice (Northern Ireland) Order 1996 so that the article includes appropriate terminology. Amendment No 2 amends article 4 of the Criminal Justice Order to include clause 7 in the relevant interpretation provisions in that order. Amendment No 3 removes subsection 9 from clause 7, because the revised commencement arrangements under amendment No 47 make provision for clauses 1 and 2, and the respective offences under those clauses, to come into effect on Royal Assent. Therefore, subsection 9 is no longer needed. <BR /> <BR />Amendment Nos 31 to 43, all of which are to clause 24, have been tabled by Lord Morrow.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  20. <BR /> <BR />The amendments in this group are largely technical in nature and are needed to ensure that the provisions in the Bill have the intended effect that the Assembly has agreed and are appropriately aligned within the existing legislative framework. I am pleased that, as was the case at Consideration Stage, the overwhelming majority of the amendments have been agreed between Lord Morrow and me. <BR /> <BR />Amendment Nos 1 to 3 to clause 7, which are tabled in my name and supported by Lord Morrow, are consequential to clause 7, and are needed to ensure that the minimum sentence provision made under that clause is embedded within the sentencing framework provided for within existing legislation. <BR /> <BR />The amendments are pretty technical.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  21. <BR /> <BR />Indeed, I noticed that, in a recent discussion on the Modern Slavery Bill in the House of Lords, not only did a number of noble Lords praise Lord Morrow for his contribution to legislation in Northern Ireland but some of them even included the Minister of Justice in their tributes. A number certainly pointed out that we are in a better place than England and Wales on the basis of the legislation that we are putting through. <BR /> <BR />I thank my team and the Office of the Legislative Counsel (OLC), which also played a large part in the Bill. I also thank Lord Morrow's team, particularly Mark Baillie, for the significant work that has been done over many months. I believe that it leaves the Bill in a much better place, although it is undoubtedly still entirely true to Lord Morrow's original intentions.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  22. I welcome the opportunity to open the Further Consideration Stage debate and to speak to the amendments in the first group. In doing so, I will take a moment or two to thank Lord Morrow for the spirit of partnership with which he has continued to work with me and my team to identify the further amendments that are necessary to achieve the Bill's desired effect. I emphasise the importance of the Bill in changing and strengthening how we respond to the unacceptable crimes of trafficking, and I pay tribute to the determination and commitment that Lord Morrow has shown in driving the Bill forward.

    OFFICIAL REPORT, 2014-12-01 · READ THE OFFICIAL RECORD

  23. I am grateful to the Member for giving way. Will he accept an assurance that that is currently being addressed?

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  24. There is no doubt that there is work to be done there, and there are issues that need to be addressed on how the August agreement is carried through. While I accept the report that has been produced by the assessors, I repeat that they are not suggesting any compromise in security. I will not accept any compromise in security and nor will the Prison Service management team. The attacks made on the director general today were entirely inappropriate. Let us support the motion in agreement and without acrimony.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  25. Whilst I welcome the comments made by Alban Maginness and others on the issues in the stocktake report — I have spent some time dwelling on it — I cannot accept an amendment that inserts references to the stocktake report by deleting references to the security and safety of the prison and staff. That would be an entirely wrong position for me, as Minister, to take. I hope that I have made it clear in my comments that I welcome the stocktake report and believe that it shows the way forward, but I suspect that lessons would be drawn inaccurately were I to suggest that I was prepared to delete references to keeping prisons safe and secure. <BR /> <BR />I utterly condemn the continued targeting of Prison Service employees by dissident republicans.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  26. That is a very significant increase, and yet moves have been made that have led to reduced threats of general violence because of a reduction in crowding. <BR /> <BR />Those staffing levels continue to be kept under review, and NIPS recently commenced a re-profiling exercise to look comprehensively at the way operational staffing levels operate in every part of the prison estate. That exercise, of course, includes consultation with the Prison Officers' Association. Those re-profiling exercises and updates to shift patterns are a necessary and normal part of prison operations that reflect the changing needs and requirements for regime delivery. The Prison Service will continue to take those steps to improve safety and manage the population. <BR /> <BR />In summary, I support the motion.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  27. In that climate, it has to make informed decisions on how it can most effectively use the staff available to fulfil its obligations to provide safe, decent custodial services whilst delivering significant and necessary savings. <BR /> <BR />It is essential to manage the prison population effectively to ensure that crowding is kept to the minimum. The information available makes it clear that the major issue is the impact that crowding has on prisoner safety. It is therefore encouraging that, against those financial constraints, improvements in conditions are being made at Maghaberry, with over 350 prisoners recently moved out of crowded accommodation. This is being managed at a time when the prison population has increased significantly since devolution in 2010, from just under 1,500 to almost 1,800 today.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  28. <BR /> <BR />The motion refers to staffing levels in prisons, although there was little talk in the debate about that. Perhaps, Deputy Speaker, I should touch on that. I believe that the Prison Service benefits from being led by an extremely experienced and well-qualified team under the director general, Sue McAllister. There may be a perception that prisons have become less safe in recent years, but that is simply not the case. It is too simplistic to say that running safe and effective prisons is only about staffing levels; it is about having the right people in the right place at the time. That is all in the context of the difficulties that the Prison Service faces, as does the rest of the public sector, in this challenging financial climate.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  29. I hope in what I am saying that it is about following through on recommendations from serious people about normalisation where possible in the absence of threat. It is certainly not about conceding the wish list that was published recently by prisoners. It is about following through on what are reasonable measures as we maintain the security of prisons. Change will be possible only on the basis of ensuring safety and security for officers, other staff, other prisoners and the wider public. It is not normalisation concession after concession; it is normalisation because that is the right and appropriate way to treat prisoners. The Prison Service will continue to ensure that Roe House, just like the rest of our prison estate, is run by the staff and management of the Prison Service, not by any group of prisoners.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  30. I am content with this timeline and the overarching principle about the threat-free environment that will facilitate progress. On that point, I am absolutely unequivocal. People have talked about a return to the Maze. That has not happened. that is not happening and that will certainly not happen while I am Minister. <BR /> <BR />I am not discussing today the wish list that was published on behalf of prisoners; I am discussing a serious report from the assessors, in line with other serious recommendations from CJINI, to move towards normalisation in an appropriate way.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  31. In respect of these two issues, neither the independent assessors' recommendation nor what I described as the response is a move to relinquish security. They are clear signals that the Prison Service is prepared to normalise the regime offered to prisoners as and when it is appropriate to do so. Members should remember that that is in line with recommendations that were made by CJINI in 2006, 2009 and 2013 and, indeed, referred to in the Owers report, but it will only be in an environment where the security of the establishment and the safety of staff, visitors, prisoners and everyone else in Northern Ireland remains the priority. <BR /> <BR />The report recommends:

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  32. It has not yet been possible to identify an appropriate technological alternative. As Members will know, I have answered many an Assembly question on that. There has been a change in the approach to full-body searching, with a focus on intelligence and risk rather than on the less effective approach that applied in a blanket way. Prisoners are now no longer subjected to a routine body search when leaving the prison on final discharge, including home leave. Where risk remains, full-body searching is still essential to maintain the security of the establishment, the safety of all and the protection of the public. It will continue on that risk-based assessment.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  33. The independent assessors recommended incremental increases in the number of prisoners on a landing from three up to a maximum of six. Their report makes it absolutely clear that any change to the present restrictions is dependent on the prisoners acting in good faith and ceasing all actions that might prevent staff carrying out their work professionally and free from harm, intimidation or threat. This is about normalising the regime that can be offered without compromising security. The Prison Service has taken a first step, allowing four prisoners on to the landing. <BR /> <BR />The second issue is full-body searching. As members will be well aware, the Prison Service has been examining and will continue to examine any advances in technology or policy that will reduce or remove the need for full-body searching.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  34. However, there is undoubtedly a need to provide a forum in which individuals can discuss the day-to-day management issues as they relate to Roe House. The Prison Service is seeking to follow up on the recommendation for an independent chair to be appointed, although I suspect that seeking somebody from the International Committee of the Red Cross may not be an appropriate way of doing that. The partially accepted recommendation relates to the proposals for an upgrade to visiting facilities for prisoners. While it has not yet been possible to agree how to resolve this issue, it continues to be discussed. <BR /> <BR />Two other specific issues seem to have caused a degree of concern inside the House and outside. The first is the incremental increases in controlled movement.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  35. <BR /> <BR />The report identifies a number of developments taken forward by the Prison Service since August 2010. The assessors make 10 specific comments. One recommendation, as has been said, on the criteria for entry into separation is an issue for the Secretary of State for Northern Ireland to consider and not the Department of Justice. The Prison Service has considered the report and welcomes its fair assessment of the current state of compliance with the 2010 agreement. Of the nine recommendations that fall to NIPS, eight have been fully accepted and one partially accepted. <BR /> <BR />On a number of occasions, Members referred specifically to the prisoners' forum, and there is a wish to implement that policy across the prison generally.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  36. I make it clear that I will support the principle of the references to the stocktake, but I am not prepared to support the deletion of the references to the concern about maintaining security in the prisons, because that is the most important issue. <BR /> <BR />As I was saying, the murder of David Black was probably the most egregious example of a breach of the agreement. However, the report also relates ongoing concerns, including intimidation and threats, sometimes to specifically named members of staff, that have resulted in some individuals having to move home and other major problems. However, the report also acknowledges progress in the context of the challenging environment for staff and clearly describes how further progress can be made.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  37. The stocktake underlined the principles of the 2010 agreement, but, undoubtedly, it was correct for the stocktake to reflect on issues since then, including the dreadful murder of David Black.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  38. It has not happened, it is not being recommended by the assessors and it will not happen. Any allegation to the contrary is simply wrong. Maintaining the security of the prison is a key underpinning principle of the 2010 agreement, and I assure the Assembly that I will not accept any proposal that would compromise the security of Maghaberry prison or the safety of staff, visitors or other prisoners. Indeed, I will not support the amendment because it specifically deletes the call on me to reject any such proposal, although there are many merits in highlighting the work of the stocktake. <BR /> <BR />I was grateful for the thoroughness and balance of the stocktake report, which has now been considered in detail by the Prison Service, shared with the prisoners affected and published.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  39. In July this year, following a recommendation from the Prisoner Ombudsman, I asked the assessors to undertake a stocktake of the implementation of the agreement of August 2010. I invited them to return to the agreed principles and undertakings of that agreement and pass comment on the state of compliance. The assessors have examined a range of evidence. They have undertaken consultations with the Prison Service, the republican prisoners in Roe House and a range of other interested parties. I am clear that the stocktake provides an opportunity to look at where progress has been made but also to identify any outstanding issues that can be pragmatically addressed. <BR /> <BR />The Prison Service will not relinquish control of any part of any prison to those held in custody.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  40. <BR /> <BR />I want to take this opportunity to place my thanks on record to the four members of the team for the time, the patience and the commitment they have brought to their role and for the very fair and balanced approach that they have taken in their reports to me, both written and verbal. <BR /> <BR />The principles underpinning that agreement include the following: arrangements should be predicated on mutual respect; prisoner and staff safety must not be put at risk; arrangements and procedures should be achievable and sustainable; and the security of the establishment should not be diluted.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  41. <BR /> <BR />I have met some of the staff who work in Roe House, specifically to deal with the problems that they face over and above those faced by other prison officers. They, and all those who work in our prisons, are working on behalf of this whole community. They must be able to perform their duties safely and threats must end. <BR /> <BR />In August 2010, as has been said a number of times during the debate, the agreement was reached by the joint facilitation group that brought about an end to a protest by prisoners in Roe House. The following month, I established the independent assessment team to ensure that the agreement’s principles and undertakings were being implemented.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  42. That decision was taken by the Northern Ireland Office, as was said, which was inherited by this Assembly on devolution, although decisions on admission to separation are still decisions for the Secretary of State. <BR /> <BR />The Prison Service, which is responsible to this Assembly through the Department of Justice, has a crucial operational responsibility to deliver a safer Northern Ireland for all of us against the backdrop of the threat that it faces from dissidents. Those are very real challenges that operational staff in the Prison Service face daily. I repeat: I record my appreciation to them for their dedication and professionalism and my condemnation of any targeting of prison officers or others who work in the justice system.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  43. This is an important motion before us this afternoon, which covers some very important and serious issues. I welcome the opportunity to discuss the issues that have been raised by Members and will try to treat them with the seriousness they deserve. <BR /> <BR />Let me start by paying tribute to the work of those who staff our Prison Service. They face a degree of risk that most of society does not face. They sometimes have difficult working conditions, as well as concerns at home. Let us remember that they should be foremost in our thoughts as we seek to ensure safety and security in our prisons. <BR /> <BR />No one should underestimate the difficulties that arise from having separated conditions in Maghaberry Prison.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  44. Section 46(1) will be the appropriate and up-to-date list that will enable the Chief Inspector to consider his work programme. On that basis, I ask Members to support the motion.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  45. The point the Chair made about the confidence and respect that we have for CJINI is the answer to those concerns and will ensure that things are done. <BR /> <BR />I do, however, have to be cautious of his final request that I should ask CJINI to move. He referred to allegations of political pressure and, as ever as Minister, I need to be careful that I am not pressuring the normal procedure, which is that suggestions come from CJINI for a work programme that I approve. <BR /> <BR />I will be in communication with the Chief Inspector after this debate on the presumption that the House is about to pass the measure. I believe that the measure will, as was outlined by Mr Givan, Mr Swann and myself, facilitate the Chief Inspector in properly considering an appropriate list of organisations as it stands.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  46. I repeat my thanks to the Committee Chair for the work that the Committee did in considering this rule. One of the key points that was made was when he referred to the respect with which CJINI is held among those of us who work across the justice system. There is absolutely no doubt that, sometimes, the reports produced by the Chief Inspector make uncomfortable reading. That is why they are so valuable. We know that we will get an accurate picture from the work that CJINI does and that we will not get anything that has any suggestion of a cover-up. We will always see the full warts-and-all picture. That is why it is important that we ensure that the list in section 46(1) is up to date. Mr Swann eloquently explained the concerns that he had about CIS within DARD and why it needed to be included.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  47. Well, not that much. <BR /> <BR />The draft order will help to ensure that the Chief Inspector of Criminal Justice in Northern Ireland has the appropriate remit to inspect the various organisations working in the criminal justice system and to identify areas in which there is potential for improvement. I commend the draft order to the House.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  48. Should the Assembly approve the draft order, the updated remit of the Chief Inspector will come into effect from tomorrow. I thank ministerial colleagues and, as usual, the Justice Committee for their consideration of the proposals. It is with their support that I bring the order before the House today. I also acknowledge and thank Robin Swann for his contribution towards bringing forward the order.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  49. The Veterinary Service enforcement branch, which is also in DARD, is to be added to section 46(1) due to the nature of the work it undertakes, which includes enforcing compliance with legislation relating to animal health and welfare and public health. The description of the health and social services boards and health and social services trusts will be amended to the Health and Social Care Board and health and social care trusts to reflect a change in the description of those organisations. Finally, the description of the Northern Ireland Child Support Agency will be amended to the child maintenance and enforcement division to reflect a name change. <BR /> <BR />The Chief Inspector of Criminal Justice has been consulted on the proposed amendments to section 46(1), and he is content.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD

  50. The Compensation Agency will be removed as it ceased to exist as an agency of the Department of Justice on 1 April last year, and its work has been brought within the core Department. The central investigation service in DARD is to be added to section 46(1) due to the type of work undertaken. CIS investigates allegations of fraud, breaches of scheme conditions and non-compliance with legislation referred by other business areas in DARD. CIS also plays a vital role in the prevention and deterrence of fraud by performing a range of counter-fraud functions, including training in fraud awareness, investigation procedures and court skills.

    OFFICIAL REPORT, 2014-11-25 · READ THE OFFICIAL RECORD