Daniel McCrossan
West Tyrone · Social Democratic and Labour Party · Northern Ireland
“I thank the Member for giving way. She has raised some points of interest. Aside from the Bill at hand, the Department of Finance currently collects rates from property owners across Northern Ireland. I have found that there can be difficulties with that when properties have been lying vacant for a significant period.”
“That applies in particular to those who have been land-banking over a period of time — that happens everywhere, unfortunately — with the hope that the big cash cow will be coming and, ultimately, they will be relieved of their responsibility to maintain, look after and enhance the landscape in a town or village by spending the necessary f…”
“As is often the case when we speak in the House, it may be that some ratepayers or members of the public will take it as a given that the Bill will be the silver bullet that will resolve the dilapidation issues in towns. Depending on which area you are in, the scale is very different.”
“We need to be creative in how we can put the Bill to task. <BR /> <BR />Certainly, as I have said, it is good policy. I have no question that the Bill is well intended.”
“<BR /> <BR />Addressing dilapidation is not simply a matter for local government in isolation. The responsibility lies with the Executive as a whole. The Executive have had their eyes closed to this matter for too long, and many of our buildings have deteriorated significantly across council areas over a long period.”
“That encourages private investment, and there is natural enhancement from those investors. However, in areas that lag behind because of economic decline, underinvestment and general deprivation, many towns and cities can quickly become the poor cousin.”
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“They are forced to cut back on everything but the bare essentials and are using food banks, skipping meals and getting into debt. Why? It is because they are caring for their loved ones and people in our communities, doing a huge amount of work and saving the health system from collapse. <BR /> <BR />While it would be only the first step in the wider reform that carer's allowance needs, implementing the recognition payment would make an enormous difference to local carers, putting £540 per year more in their pockets and immediately lifting 3,400 of them out of poverty. The cost of delivering the policy pales in comparison with the money that carers save the Executive every single year. Our carers are propping up the health and social care system and keeping Stormont's Budget from collapsing.”
“I will start by putting firmly on record, on behalf of the House, our deep appreciation of all the carers in our community, who do outstanding work in looking after vulnerable family members and others throughout every one of our constituencies. On behalf of those carers right across Northern Ireland, I am calling on the Executive and the Department to deliver a carer's allowance recognition payment for unpaid carers in Northern Ireland. Carer's allowance is entirely unfit for purpose. It provides pennies per hour to those who are caring around the clock, leaving nearly half — it is 46% — of local recipients living below the poverty line. The inadequacy of carer's allowance has taken on even greater significance during the current cost-of-living crisis, with many recipients in Northern Ireland facing severe financial hardship.”
“There are different stages of it, and you can see it play out in countless people. Numbers are rising across Northern Ireland. I thank all those in our health service who do a tremendous job of supporting those with COPD.”
“This chronic respiratory condition not only impacts the physical health of those diagnosed with it but takes a toll on their mental health, well-being and overall quality of life. It is imperative that the Assembly and, indeed, the Department of Health take action to provide greater resources and support to ensure that we can support those with the disease. To effectively support those affected by COPD, we must prioritise access to comprehensive services, promote early detection and diagnosis, and ensure ongoing education and awareness. By fostering a culture of empathy, understanding and proactive intervention, we can empower COPD patients to manage their condition effectively and lead fulfilling lives despite the challenges that they face. <BR /> <BR />It is a horrendous disease.”
“<BR /> <BR />It is also important to record my deep appreciation to the respiratory team at Omagh Hospital in the Western Health and Social Care Trust, particularly to Joan Graham, whose kindness, compassion and exceptional care have been a source of great support to my family and countless others. Joan is indeed one of the unsung heroes of the health service, embodying the true spirit of healthcare and making a profound difference to the life of everyone for whom she cares.”
“Her recent hospitalisation has only amplified the urgency of the situation for us as a family, driving home the importance of greater awareness for families and all those affected and of providing more support for those with COPD in Northern Ireland. <BR /> <BR />It is important at this juncture that I put on record my heartfelt gratitude and appreciation to the dedicated healthcare professionals at Altnagelvin Hospital, specifically ward 26, who provided exceptional care to my mother in an urgent situation that arose just over a week ago. They ensured that her stay was comfortable, and their tireless and unwavering efforts are deeply appreciated by us as a family.”
“I raise a critical health issue that affects countless people throughout our communities: chronic obstructive pulmonary disease. The disease knows no bounds, affecting people of all ages, backgrounds and walks of life. It is a condition that needs our full attention, compassion and action. To date, 41,000 people across Northern Ireland are registered as having COPD, but it is expected that the figure would be much higher if there were proper detection. <BR /> <BR />My personal journey with COPD has been challenging. I have witnessed how the condition has impacted on my mother's life. It has brought to the forefront the harsh realities and struggles faced by those battling that debilitating illness daily.”
“Minister, 56 people have died on the A5 since 2006, and, since the Assembly came back in February, a further four people have died. The report has been on your desk for eight months. Is there any particular reason that we should be concerned about for the delay, and can the Minister give us any steer or a concrete answer on when it will be published?”
“I thank the Member for giving way. She outlines that the amendment could pose unintended consequences in its legal effect. Does she agree with me that the Bill, through accelerated passage, will have significant unintended consequences, of which we are well warned?”
“<BR /> <BR />If the House chooses to ignore what potentially could be a huge crisis, it will reap the consequences, but if we get ahead of the ball and start reaching out to identify the number of homes that are, or potentially will be, affected, we can mitigate what could be a disaster for public finances in Northern Ireland but also for homeowners right across Northern Ireland. This is here; people need to recognise it. The scale of it will only be determined in the future, but the Departments and the Executive need to be conscious that there is a very serious problem down the line.”
“People's concern is that there is no support, Stormont is not listening — if it is even functioning at various points — and if they are in that situation, what are they going to do and where will they turn? The only authority that I have seen take any action is Derry City and Strabane District Council, which allowed people to come forward and register concern if they believed that their home was affected. That is the only positive action that I have seen during a crisis that is five minutes from my doorstep, where thousands of people’s homes and dreams have been destroyed.”
“Have any lessons been learned on this side of the border from how the crisis in the South unfolded that left 5,700 families in dire circumstances? The Minister is far away from Tyrone, but when the chickens come home to roost, as I believe they will, the House had better be ready, because it will be a huge crisis. Closing your eyes and blocking your ears will not resolve what, potentially, could be on the track. The amendment is positive; it adds protections for people who are affected or potentially will be affected, right across the North of Ireland. <BR /> <BR />The reality is that I have already heard about and visited multiple affected homes.”
“I received a very blunt, one-line response to say, "I have no knowledge of it". It is a partitionist mentality that believes those materials did not cross the border, and, indeed, it is arrogant to assume that no other quarry has manufactured products that may be defective and affecting homes across Northern Ireland.”
“The measures ensure that the Committee for Communities and, indeed, the Assembly can scrutinise developments in future. I trust that those "safety features" — that is what I describe them as — will give the Assembly enough confidence in the amendment to support it. If we in Northern Ireland are affected to the same extent as homeowners across Ireland, we will face a major crisis. I do not say that my amendment saves the day, but it lays a clear pathway for people who are affected to seek support and action where appropriate. <BR /> <BR />In reality, for the past number of years, in the time that the House has been sitting, I have written to multiple Ministers of each relevant Department, asking what they are doing to help to identify traces of pyrite, RAAC and mica in homes across Northern Ireland.”
“As I indicated earlier, I know that these building regulations are under the responsibility of the Department of Finance and some cross-departmental working between Executive Ministers will be required — something that, again, does not happen as much as it should. Furthermore, a report must be provided to the Assembly:”
“Members will note that the Department, in taking action by making regulations, is required to "have due regard" to our existing building regulations and that those new regulations:”
“Those provisions enable the Department to specify by regulation, as the Minister has pointed out, deficiencies that could give cause for action, and they will greatly strengthen the hand of anyone seeking redress through the courts. <BR /> <BR />I regret not being able to speak to colleagues in other parties before today about the amendment, particularly those on the Communities Committee, of which I am a member. The use of accelerated passage made that impossible, and the timing was challenging. However, I can provide a measure of assurance by noting that the Bill Office was very helpful. Indeed, the Bill Office has provided invaluable advice and support to enable me to draft this important amendment with appropriate wording and to ensure that it is fit for purpose.”
“If the Minister wants to ensure that there is as wide a net as possible to protect people who are affected by defective premises, and if mica, RAAC and pyrite are in the homes of people in Tyrone, Donegal and Derry, the Minister would do well to remember his words in the House today. If he supports the amendment, at least he can say that he was ahead of the ball, which is not something that can be said very often of the DUP, let alone the Executive. <BR /> <BR />I put to the House this important amendment. The reach, if I may describe it that way, of the amendment is contained in paragraph 4B(1), sub-paragraphs (a) to (d).”
“The Minister has said enough. He did not want to take advice in Committee. Some Executive Ministers want to take advice only when it suits them. They wanted to bypass the Committee Stage of this legislation and avoid due scrutiny of the Bill. I could go into the intricacies of the legal advice received and the concerns about the legislation, of which the Minister will be well aware, as he will be aware of the concerns expressed by various stakeholders and witnesses about the Minister's pace in getting it through the House. <BR /> <BR />The Minister should understand that, with great caution, we support the Bill, but we are raising considerable concern about it.”
“I thank the Minister for that intervention. We are providing clarification, because, in reality, throughout the process, as is typical of how the DUP and, indeed, Sinn Féin have done government in the past, there has been no proper scrutiny of important legislation that will have unintended consequences. It is ironic that the Minister has concerns about the legal implications of an amendment — a positive amendment — to a Bill that has not received the scrutiny that it should and must receive. No lessons have been learnt from legislation previously brought through the House, even though there were clear warnings and signals at that point —.”
“At this juncture, we can ensure that we put in place mechanisms that will allow people to seek help where they can. It also will prepare the Department and, indeed, the Executive for dealing with the issue. Does the Minister want in?”
“I will finish my point. The Minister said that the matter is already covered by regulations. Those regulations sit with the Department of Finance, as the Minister knows. In fact, it was only this week that the Minister did not even believe that it was a devolved matter, as far as I remember. Hopefully, he has sought clarification on that since. <BR /> <BR />The legal advice that I obtained believes that the amendment would in no way have any effect on the Bill's current clauses. That is my view. I do not believe that it would in any way interfere with what is laid out in the Minister's Bill. The reality at the centre of the matter is this: homes across Northern Ireland will undoubtedly be affected by defective building materials.”
“I will put it this way: if the House or the Department finds itself in a similar situation with the scale of the number of homes affected, the Minister will not be asking, "What is the point?". The reality is that, in response to such a situation, people will be asking, "What are you doing about it?". The amendment would put in place regulations to specify areas that the Department must consider in order to protect those who may be affected as a result of defective building materials.”
“I therefore urge the Assembly to support the amendment and its genuine intention.”
“The amendment would enable the Assembly and the Department to be ready. <BR /> <BR />I seek to extend the legal protections that the Bill provides to situations that previous experience tells us are likely to emerge in our jurisdiction. I appreciate that the Minister intends to bring a more substantive Bill to the House in the future and that its provisions may afford a remedy to the matters to which I draw Members' attention. Introducing such a Bill is some time off, however, particularly given the pace of movement in the Assembly and the uncertainty, which was very clear in the past, over whether this place will function. When an issue is foreseeable and a remedy is at hand, why would we not put plans for it in place today? The point of the amendment is to put protections in place today so that it readies the Department to act.”
“In my colleagues' constituency of Foyle, we have seen families speak out as well, and we believe that there are examples right across the entirety of Northern Ireland and Ireland, North and South. The use of defective building materials will have a huge impact on people's mental health, as will their concerns about how the issue can be dealt with. Although the situation has happened as a result of the use of defective building materials and, for a long time, there seemingly being no fit-for-purpose remedy to the unfolding disaster, as I have previously stated in the Assembly, it is inconceivable that such defective building materials are to be found on only one side of the border. It is surely not a matter of whether they will be found but rather when they will be found, and to what extent.”
“If we look at the map, we can see the border, which shows clearly why there is huge concern that defective materials have undoubtedly appeared in homes across my constituency of West Tyrone, the constituency of Fermanagh and South Tyrone and across Derry and beyond. <BR /> <BR />At some stage in the not-too-distant future, people will start to come forward, as some already have. In my constituency, a young family was affected. Their dreams were shattered, and their house was left in a terrible state of disrepair. They do not know where to turn to, and they cannot get advice or support. They believe that the future looks quite bleak when it comes to getting any support.”
“It has also affected more mature couples, whose life savings, which they had put into building their dream homes, have disappeared overnight. <BR /> <BR />In this instance, there is huge concern, particularly in border constituencies, that the issues that we have seen play out in Donegal and in other counties across Ireland will affect people here. I get the sense that people are reluctant to come forward because there is no mechanism to support them — no real advice is available — and there is huge fear as a result of what they have seen in Donegal. Here is a map of the border counties that are affected. There are 5,700 homes affected by those defective materials.”
“<BR /> <BR />I am sure that all Members are aware of the horror stories that have emanated from places such as Donegal, Mayo and other counties across the island of Ireland concerning the shocking effects of defective building materials, including mica, pyrite and reinforced autoclaved aerated concrete (RAAC), on domestic premises. This affects not just domestic premises. There is every sign that various aspects of all infrastructure have been affected as a result of those defective materials. Young families have been left devastated as their homes cracked from bottom to top and leaked water, making them very difficult to live in and, in some instances, dangerous because they were literally falling down around them.”
“By that, I mean that it does not interfere with the Bill's purposes: it imposes no direct burden on the Department, as the new clause is an enabling one that gives the Department permissive rather than prescriptive powers; it places no financial burden on the Department; and it is designed, in the spirit of the Bill, to extend its support a little wider. Members will notice that the amendment does not alter a single word of the Bill as laid but is constructed as an additional clause. That is my deliberate choice, to ensure that the Bill's overarching intentions are unaltered.”
“In the amendment, we allow some protection for those who may be affected. As the Bill's explanatory and financial memorandum explains, there is significant disparity between Northern Ireland and England and Wales on the limitation periods for legal action where a building is shown to be defective. That is why the Minister introduced the Bill. <BR /> <BR />The purpose of the amendment is to address a particular gap in the Bill's provisions. At the outset, I emphasise that the amendment is Bill-friendly.”
“As outlined in a contribution to the Second Stage debate, this is not the way in which we prefer to do business. Accelerated passage is not the most appropriate way for legislators to consider legislation that will have a direct impact on the lives of our citizens. It is right and proper that we go through the accountability and scrutiny mechanisms that are there. On this occasion, the Committee process was bypassed. That said, we recognise the importance of the Bill. Although we have some concerns, we recognise the importance of aligning with the legislation that is in place for the rest of the UK. We also recognise that that should have been done some time ago. That said, there are wider issues here in Northern Ireland, and there will potentially be further issues down the line with defective materials, products and design features.”
“Those are the lives lost on that road. <BR /> <BR />We need the A5 scheme announced and delivered before any further pain is added to the people of our communities. We think on them all and their families.”
“Those people, for the record, were Janeen Black, Colin Thornton, Tony Thompson, John Walker, an unnamed lorry driver in 2007, Leslie Edgar, Mary Elizabeth Scott, Desmond Bingham, Pat McCourt, Shane Caldwell, Zoltan Szabo, Darren McAnenly, Mary Wasson, an unnamed female pedestrian in 2009, Zbigniew Bartnicki, Declan Harvey, Gareth Gallagher, Simon Glenn, Peter Fugill, Cathal Donaghy, Kovacs Szabolcs, Leo McKeever, Alexander McEntee, Patsy McCroary, Kieran McSorley, Michael McDonald, Aaron McDonald, Sean McElwee, Neil McAleer, Shane Rafferty, Caoimhe O'Brien, Maurice McCloughan, Killian Doherty, Margaret McLaughlin, Kathleen McGarvey, Sean Reid, an unnamed male in 2018, an unnamed female in 2018, Darren Gallagher, Aaron Harkin, Nathan Corrigan, Petey McNamee, Peter Finnegan — one of the most horrific accidents on the A5; those three young men lost their lives — Jonathan Reilly, David Gilmore, Sammy Patterson, Niall McDonald, John Rafferty, Julia McSorley, Christine McKane, Dan McKane, an unnamed passenger in 2023, and, since the House returned in February, Caolan Devlin, Oonagh Burns, Kamile Vaicikonyte and Jamie Moore.”
“Next month — July — marks 17 years since the Northern Ireland Executive confirmed their acceptance of the A5 western transport corridor proposals to be taken forward: 17 years. In that time, 56 people have died on the A5 road, and thousands have been injured. This week, I have been alerted every day about serious accidents that have occurred on the A5. Luckily, this week, we have had no fatalities, but 56 people have died in that short space of time. <BR /> <BR />The road is dangerous. It puts our citizen's lives at risk; it does not discriminate. It claims the lives of husbands and wives, sons and daughters, neighbours, friends and people throughout our community.”
“The party across the Chamber supported that legislation, Sinn Féin did not show up and the Alliance Party supported it. When it comes to the welfare system in Northern Ireland, a lot of people are being forced into poverty as a result of the legislation that is in place and the failure of the Executive to acknowledge it. <BR /> <BR />I welcome these regulations but make the broader point that we should not praise the benefit system in any way, because it is leaving our people in a very difficult situation, adding to their challenges and bringing about poverty. It is far from a safety net, particularly when you compare it to the South of this island, which is doing a lot more for vulnerable people and working families than this place could ever dream of.”
“As the Deputy Chair rightly outlined, the regulations were considered by the Committee at an earlier stage. It is important to point out that, whilst those particular regulations are important and, in the same breath, somewhat minor, there is a wider challenge for our Assembly and citizens. The welfare system is supposed to be a safety net to protect people, but the reality, given where we currently sit in Northern Ireland, with the rising costs of food, fuel and every aspect of living generally, is that it is falling short. It does not do enough to support people, and the SDLP has been saying that for a long number of years. As Members pointed out in the previous debate on the benefit cap regulations, we voted against the benefit cap legislation at Westminster.”
“Like the previous Members to speak, I will be brief. We all recognise that, while pensions are a devolved matter, in general, our pensions policy and legislation operate in line with the rest of the UK, as there is a single pension system and regulatory regime across the UK. The Bill is designed to bring Northern Ireland pension provisions in line with Westminster legislation: the Pensions (Extension of Automatic Enrolment) Act 2023. <BR /> <BR />The important details of the Bill were outlined by the Minister and other Members, and I note that a section 75 equality impact assessment and a rural needs impact assessment on the Bill were conducted and no adverse impacts identified. The Bill is therefore right in principle, and the SDLP will support it.”
“I look forward to those clarifications, and I thank the Speaker for allowing me to ask those questions.”
“We have seen that play out in a real way across Donegal. Indeed, it is important to point out that a number of Northern Irish residents who have holiday homes across Donegal are affected, and, unfortunately, they have no form of redress and have been left out as a result.”
“However, I believe, from the information that I have received, that, overall, given its alignment with legislation in England and Wales, the Bill will improve various elements, particularly, as was rightly pointed out by Members, given the tragic incident of Grenfell Tower, where, sadly, huge numbers of people lost their lives in what should have been the safest place they could be — their own home. That is a message for the House. The most important place for any of our citizens is their own home. They need to feel safe in that environment. If the materials that their home was built with are defective, the consequences are significant not just in the potential loss of human life but in the financial implications that it poses to the individual and the stress and distress that it causes to families.”
“I will be shocked if we are not, because I have every belief that those materials came across the border. <BR /> <BR />A further question to the Minister is about the European Convention on Human Rights (ECHR). Is he satisfied that the Bill is compliant with it? If he is — I assume that he is — can he explain to the House how he has arrived at that conclusion and how confident he is that the statement is robust and that those interests are protected? <BR /> <BR />Overall, it is safe to say that this is not the right way to do business in the House. We have waited for the last few years to get this place up and running again so that we could scrutinise legislation that operates to ensure that it protects our citizens. I have concerns about elements of the Bill, and I have raised questions. I hope that the Minister answers them.”
“<BR /> <BR />There has not been enough exploratory work done by the Minister's Department or other Departments on whether there are significant traces of those materials in homes across Northern Ireland. Maybe, the reason for that was the absence of functioning Institutions and an Executive over recent years, COVID etc. We have seen, in the South of this island, how quickly the pile got bigger and growing numbers of people coming forward, having been affected. Ministers in the South have told me on countless occasions that it is one of the biggest challenges to face the Government. I would like the Minister to give some clarification to the House around that, because I would like us, at least, to be prepared if indeed we are to face a similar battle.”
“I have written to the Minister and other Departments to ask whether they are aware of any examples of defective materials in homes in Northern Ireland. In every response, I have been told no, yet Derry City and Strabane District Council and other councils across Northern Ireland are aware of homes that are indeed affected. <BR /> <BR />That brings me to the point raised by Mr Allister. If there is no means of accountability for those who manufacture the materials being used in defective homes, who will be held responsible further down the chain? Will it be for the House or the Executive to come to the rescue of what could be one of the biggest challenges that we could face?”
“Again, it comes back to the key issue that exists in relation to our infrastructure and the processes that lead to the development of various houses. Mr McGrath gave one example of where it is a potential issue. <BR /> <BR />The core question for the Minister is whether the Bill, in its current form, will provide protections for the homeowners who, I have no doubt, are and will be affected by the defective materials that their homes are built with. That is an important question because it will, ultimately, determine whether I and others in the House will put forward amendments to the Bill. I will not and cannot support a Bill that will add to their pain. <BR /> <BR />The reason that a number of those homeowners are not coming forward is that they have nowhere to go and there is no advice available.”
“I thank Mr McGlone for his intervention, and I will give way to my colleague to answer, if he wants to intervene.”
“I thank the Member for his important intervention. That is a question that is very important, particularly in the context of the Bill, if indeed the reality comes home to roost. The situation in Donegal is one of the biggest hurdles that face the Government of the day in the South of this island. We need to be prepared.”
“I visited one such home: a poor man and woman who have worked all their lives, rearing their family, built a beautiful home on the outskirts of my constituency, and clearly the house has serious issues because of materials that were used. The question that I have for the Minister is whether the Bill will provide any protections for homeowners whose properties may have been constructed using defective building materials such as mica, pyrite or RAAC, where problems are emerging or will emerge in the future. This is a train that is undoubtedly on the tracks.”
“If anyone thinks that the only homes affected are in Donegal, they are in for a big shock further down the line. I have no doubt whatever that quite a number of homes in my constituency contain those chemicals. I have no doubt that that is the case in Derry, Fermanagh and across Omagh and that it will be only a matter of time before that starts to come to light. In fact, if you walk around a number of estates, as I do often, because we have so many elections in this place, you will see it. It is obvious to the naked eye that there are issues. The problem is that people are not forthcoming because there is no way of dealing with it and their homes and properties would be devalued almost instantly. They would be stuck in a serious situation.”
“<BR /> <BR />We have concerns, and they have been touched on by various Members and raised in Committee in private session, which was agreed to with reluctance but which, due to the legal advice that we received, we had to do, and in open session. The Minister will be aware that, in the South of this island, a number of properties are affected significantly as a result of defective materials — mica, pyrite, reinforced aerated autoclaved concrete (RAAC) and other substances — in blocks. It has led to huge numbers of homeowners being affected and not being able to live in their homes; in fact, their homes are crumbling around them. It has caused huge stress to those affected. <BR /> <BR />If anyone thinks that those materials stopped at the border, they need to wake up. Every day, everything goes across the border organically, both ways.”