Danny Kennedy
Newry and Armagh · Ulster Unionist Party · Northern Ireland
“<BR /> <BR />I know the circumstances that we are in, but my hope is that departmental officials will continue to explore these issues and find solutions so that, at the earliest point, those solutions can be delivered to my constituency and to the people who have such frustration with the lack of service.”
“This situation is also prevalent in other rural areas of Northern Ireland. People in areas such as Lissummon, Ballygorman, Cladymilltown, Altnamackan, Loughgall, Mullaghglass and countless others, unfortunately, all of which are located in my constituency, find themselves in a position currently where they are provided with little or no e…”
“I, with others, receive regular contact from my constituents on this issue. It is abundantly clear from the representations that I receive that the lack of broadband provision, particularly in rural areas, impacts in many ways on families and businesses that reside in various locations across the constituency.”
“Madam Principal Deputy Speaker, I thank you and the Business Committee for affording me the opportunity to debate the issue of broadband provision directly relating to my constituency of Newry and Armagh. I also place on record my good wishes to you as you leave the House, and I wish you well for the future.”
“The lack of high-quality broadband, for instance, has an impact on the ability of many rural businesses to function efficiently, placing them clearly at a disadvantage to other competitors in their particular field.”
“I could continue to detail many more circumstances, but I want other Members to contribute and to hear what the Minister has to say. I take this opportunity to make an impassioned plea to the Minister to pursue, within a quick time frame, the network improvements that are so clearly required.”
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“I am grateful for the opportunity to speak in this section of the debate on the Justice (No. 2) Bill. I remind the House, as I remind myself, that I speak as an individual Member of the House rather than a Member of the Ulster Unionist Party or, indeed, a member of the Justice Committee. <BR /> <BR />Like all Members, I have been in receipt of many representations on the issue from both sides of the debate. I thank all those who have written, emailed, telephoned, texted or spoken to me directly, irrespective of their view. I am particularly grateful to organisations such as Christian Action Research and Education (CARE) in Northern Ireland, the Christian Medical Fellowship, the Christian Institute and the Presbyterian Church in Ireland, whose research and conclusions I will reference.”
“<BR /> <BR />Amendment No 57 is another measure from Mr Frew. It is aimed at giving more protection, in particular, to paramedics. Again, the intent behind the amendment can be supported, but there are all manner of blue-light workers who, unfortunately, face real dangers in carrying out their important work. The amendment as currently framed is not an exhaustive list, but we can support it in principle. <BR /> <BR />That completes my review of the group 4 amendments on behalf of the Ulster Unionist Party.”
“It may well be that the amendments will play nicely into or at least link into the cyberbullying provisions in the anti-bullying legislation that is currently being considered by the Education Committee, having been brought forward by the Education Minister. There are very clear links. It is therefore important that the Assembly is reactive to the needs and the dangers that are out there, particularly for our young people. <BR /> <BR />Mr Frew's amendment No 56 seeks to tackle controlling behaviour and domestic violence. He will have heard previous contributors indicate their support for the intent behind the measure, but we all need to see how practicable the amendment is and how it can be brought into legislation. I am interested in hearing from Mr Frew on his present thinking on the measure.”
“We have all been horrified to hear of the very bad experiences that people, some young and some older, have had with that. It seems to be a modern-day evil, so I very much welcome the fact that we are at least bringing our legislation into line with England and Wales. I know that it is probably not ideal from the Minister's point of view that more research or whatever has not been conducted by the Department into the impact in Northern Ireland terms, but, nevertheless, there will be widespread public support for the measure.”
“I join others in giving a broad welcome to the measures outlined in the group. The Minister of Justice has outlined the changes in the approach that has been adopted in respect of amendment No 52. I know that a considerable amount of work has taken place with the Department of Agriculture and Rural Development. Obviously, that is important work, and it is important that it has brought us to this stage. All in the House agree that it is long past time that proper penalties were put in place for those who indulge and engage in animal cruelty. I think that that will be broadly welcomed, not only in the House but in the wider community. <BR /> <BR />I move to the amendments tabled by the Chair of the Justice Committee in relation to what is described as revenge porn.”
“The ombudsman is on record saying that he does not require those powers, and, in many ways, what is proposed in the amendment is a cosmetic change — I think that that was the Minister's description of it. <BR /> <BR />On the opposition to clause 38, we are back to issues of national security and the allegations of spooks and other influences. We will oppose Sinn Féin on that. <BR /> <BR />Amendment No 80 would enable someone convicted of a criminal offence to remain in the post of ombudsman pending a risk assessment and an adjudication on the relevance of the offence to the post. Obviously, our preference is that an ombudsman would not have a criminal conviction, but we believe that it can be handled through the existing provisions and, therefore, will oppose the amendment.”
“Mr Maginness drew attention to one of the weaker points of amendment No 47, which is that you can compel someone to attend, but it is enormously difficult to see how you can compel a person to assist. We will also oppose amendment No 48, which states that anyone:”
“We have said that we will support amendment No 45. <BR /> <BR />We will oppose amendment Nos 47 and 48, which are Sinn Féin amendments. Amendment No 47 would:”
“I join others in giving a broad welcome to the legislation that we are considering in that it will place the office of the Prison Ombudsman on a statutory footing. Other Members, including the Minister, have covered the points at issue. It is not my intention to linger on them except to provide commentary on our view on the various amendments and clauses. <BR /> <BR />Amendment No 37 relates to clauses 35A and 35B and is linked to amendment Nos 45 and 46. We will support the Committee view on that. Amendment No 38 is a Sinn Féin amendment and is in competition with the Minister's amendment No 45. We think that amendment No 38 is more widely drawn, and we will oppose that and instead support amendment No 45, which deals with own-initiative investigations. Amendment Nos 39 to 44 are relatively non-contentious and can be supported.”
“At one stage, I think that it was referred to as the "Henry VIII amendment", one of whose most famous sayings was, "I don't intend to keep you very long". That was to one of his unfortunate wives. I inform the House that it is not my intention to dwell here. I do not underestimate the work that has gone on between officials in the Department and the Committee to arrive at satisfactory outcomes so that progress can be made on this batch of amendments.”
“I am minded of the phrase, "It's all been said, but it hasn't been said by everyone". I will attempt to be brief yet constructive. Generally, a lot of the action from the top guns and hotshots happened before I came to the Committee. Clearly, the measure on firearms legislation was a targeted one. <BR /> <BR />I acknowledge and pay tribute to the detailed consultation with stakeholders. I accept that, while some are not completely satisfied, I think that everyone will acknowledge good progress. That has been very helpful. I am happy to indicate that we will support amendment Nos 59 and 82. I am also content to support amendment No 60, which is in relation to issues of cost recovery. <BR /> <BR />The Chair very well outlined the original problems with clause 45.”
“I am grateful to the Minister for giving way. I am slightly intrigued to know why, if he was there three years before us, he did not bring forward some of the ideas and put them into action sooner, given that we now have to wait for a new mandate.”
“Amendment No 22 was tabled by the Minister. It relates to the disclosure of social security information. I am happy to support amendment No 22 and amendment No 27. They are sensible changes and improvements to the current legislation. <BR /> <BR />As the debate progresses, and as we move through the various stages, I hope that we will see the level of consensus shown in the work of the Committee as it scrutinised that of the Minister and his Department. That was very welcome. It is an example of the Committee working well with the Department and the Minister to the benefit and improvement of legislation that needs to be in place.”
“So I hope very much that the clear signal has been sent to the Department, whoever is the Minister, that that is what the direction of travel should be.”
“That can be better addressed by government and other agencies working together with the Criminal Justice Agency.”
“I was part of the visit to the Brooklyn area of New York and saw at first hand the very innovative and creative work being done to address relatively low-level crime being committed in conjunction with drug and drink addictions. There is much that we can learn from the work that is happening there and in other places. I know that the Chair is particularly interested in that. I welcome very much the fact that the Minister has indicated that that is something that the Department will want to carry forward in the new mandate. Simply, there has to be a better way of dealing with people who find themselves, for whatever reason, in a situation where relatively low-level criminal behaviour is taking place to satisfy either a drug or drink addiction.”
“<BR /> <BR />On the Sinn Féin amendments concerning the impact on the dependants of a debtor should benefits be deducted, my party is not persuaded that they are necessary. There are sufficient protections built in that cover a range of criminal justice matters, so we are not inclined to support the amendments tabled by Sinn Féin in that area. <BR /> <BR />The Chair of the Committee set out very accurately the original intention of amendment Nos 11 to 14, which is to address reoffending by satisfying the debt of a debtor who has a drug or alcohol addiction and agrees to a programme of counselling. I join with what others have said on that, particularly the Chair and Mr Maginness.”
“The group 1 amendments look at the arrangements for the collection and enforcement of financial penalties. It is clear that work is required in that area, given the considerable financial cost involved. There is much importance attached to trying to improve a system that is in clear need of reform. <BR /> <BR />On Amendment No 2 and Sinn Féin's concern about the private outsourcing of collection, I have listened closely, as other Members have, to the Minister's comments. I am satisfied that he has given a clear commitment that there will be no privatisation or outsourcing on his watch. I understand the points made by Mr Lynch and Mr Maginness, but in the legislation it is clear who the collection officers should be, and that will remain the case for the foreseeable future.”
“I am pleased to have the opportunity to address issues in the Bill. I am a fairly recent new member of the Justice Committee. <BR /> <BR />This is worthwhile and important legislation, but I share the view expressed by the Chairman: much of the very good legislation that we are scrutinising today will be lost in later debates on more emotional/controversial issues. Nevertheless, I pay tribute to the work of the Minister and his Department, the Chair and members of the Committee and the Clerk and those who service the Committee and provide essential advice. <BR /> <BR />Other Members have covered the issues in some detail. We have even seen a degree of political movement here today, which is no bad thing of course from a liberal Justice Minister.”
“I am interested in the ministerial responses thus far. How does the Minister intend to deal with the ongoing uncertainty created by his decision on the NIRO issue last summer? Does he accept that the delay since his closure consultation last October has created all sorts of problems for the renewables sector here? Does he have any plans to support the development of the industry after the NIRO ends? Will he bring, and how will he bring, certainty for investors, including many in my constituency?”
“I am interested in what the Member has just said, but quite profound ideological reasons have separated parties, even around the Executive table. His remarks do not seem to take full account of that.”
“I am grateful to the Member for giving way. Mr McCallister's problem is that, whilst all of that is in the Bill at the moment, will it stay there? I think that events today, and the manoeuvrings that are ongoing, make that very uncertain. Hence, Westminster legislation gives better protections from the sheer political ambitions of the big power blocks here at present.”
“You do not go into opposition for a salary; you are there to provide scrutiny of the Government and to offer yourselves as an alternative to the present Government. That is very much the view of the Ulster Unionist Party. <BR /> <BR />On balance, the sponsor, Mr McCallister, is entitled to feel disappointed by the amount of political manoeuvring that is now rife around his Bill. However, when the smoke clears and the Bill emerges from the various amendments, petitions of concern and Fresh Start proposals, we will look closely at the nature and shape of it. At that stage — the next stage of the Bill — we will give it further consideration.”
“The other big factor for us is that the Fresh Start Agreement outlines that the Executive plan to establish an independent fiscal council for Northern Ireland. It is early days, but, given that we are told that the council will prepare annual assessments of the Executive's annual review streams and funding proposals as well as of the sustainability of the Executive's public finances and the effectiveness of long-term efficiency measures, we need to tease out what the proposed relationship would be between the two bodies. <BR /> <BR />We will oppose clause 12. We simply do not believe that it is appropriate that, a time when we are looking at how we can lessen the expense of the Assembly to the public purse, we should provide salaries for newly created positions, even within the opposition.”
“Mr Attwood's speech included discussion of a Budget Committee. If we are moving away from the coterminous model of Committees matching Departments, there could be other possibilities. There could, for example, be a Committee looking at our relationship with the European Union and how we benefit or could do better from that. Others in the House may have other ideas, and it is not hard to see how that could run on.”
“<BR /> <BR />We think that the proposals to afford enhanced speaking rights to the opposition strike a reasonable balance. Ultimately, we want to see a good, steady flow of legislation passing through the House rather than the endless motions that we too often see on the Floor. We think that giving a minimum of 15 business days to the opposition, taking into consideration its ability to be made up of more than party, does not hinder the legislative timetable and allows opposition parties a fair opportunity to have their voice heard. The 20% enhancement for opposition speaking rights also seems pragmatic, given that it will be based on party strength.”
“We are beginning to reshape structures that were set up to support a very fragile society, so it is important that we move at a pace that allows us to grow and evolve but does not undermine confidence. <BR /> <BR />We welcome the amendments regarding leaders of the non-Executive parties. We have never been convinced of the need for formal titles within the opposition and prefer that it be more relaxed. A more rigid set of titles does not necessarily work in an Assembly such as ours, and we point to the Scottish Parliament's use of titles as what we should aim for. The mix of identities and the nature of this Assembly mean that it would not necessarily be workable to have one leader of an opposition. We think that what is proposed in the amendments reflects that better.”
“It potentially gives space for any future changes in the size or make-up of the Assembly. I heard the sponsor of the Bill saying that he is open to increasing the threshold, and we await developments on that issue at Further Consideration Stage. <BR /> <BR />We welcome the changes made on technical groups. We had been concerned because, although we were looking to create measures to enhance democracy in the Assembly, the prospect of a group of individuals being able to come together to gain the same rights as a party elected with a considerable mandate seemed to work against that aim. We heard the examples of the existence of technical groups in other Assemblies, Parliaments and legislatures, but we are concerned that we could be trying to run before we can walk.”
“It is frustrating that the debate has not really properly taken place, meaning that there has not been a proper chance for those fears to be allayed without the need for a petition of concern, which will remove the entire schedule. <BR /> <BR />We thought that amendment No 1 from Mr McCallister was pragmatic. We gave thought to the issue of whether the opposition should be available to those who are eligible for Ministries or whether it should include anyone who is not in government. To us, the amendment strikes a balance, providing for parties that are not in government and acknowledging the prospect of larger parties taking up places there. Given that the Assembly is evolving and should continue to do so, that proposal will go towards future-proofing any opposition arrangements.”
“I see no party or individual in the House wanting to go back to majority-style rule when it comes to the structures of the House. Everyone has to be realistic about that and, in some cases, finally accept it. I say that particularly to the nationalist and republican parties in the House. I hear no one advocating such a position. I think that the concerns about community designation are something of a misrepresentation and are almost an invention by people who are trying to persuade themselves that there are parties here who want to do them down on traditional lines. There was an amendment tabled to remove that section that would have received the support of my party.”
“I am grateful to the Member for his intervention. I am simply conveying to the House my view that the methodology being used by the two largest parties presently in the House is one that undoubtedly suits their requirements set out under Fresh Start. The other parties and Members are right to be cautious about accepting that wholesale change. <BR /> <BR />I am deeply disappointed to see that a petition of concern has been tabled against a clause of the Bill that could have made Westminster legislation a reality. I understand that there may have been concerns about proposals to remove community designation, but I think that, at this stage, the baby has been thrown out with the bathwater. I can only imagine the disappointment and concern of the sponsor of the Bill.”
“That has become increasingly apparent, not only at the Committee but through the course of this debate. <BR /> <BR />Such are the changes to the Bill intended by the largest parties that they confirm my view that private Member's Bills have little or no chance of progressing to the statute book unless they are sponsored by Members of the two largest parties. That conclusion supports my view, and that of my party, that these changes would best be brought about by using Westminster legislation. What suits parties today to change by Standing Orders can easily be amended in the future by amending Standing Orders and, basically, allowing dominant parties, whoever they may be, to dictate changes on their terms. Therefore, I am deeply —”
“<BR /> <BR />From memory, I was a member of the original Assembly and Executive Review Committee charged with looking at these matters, but that was way back in a previous mandate, when the expectation was that the Executive would bring forward suitable legislation to improve the structures of the Assembly, including measures to provide for an opposition. Frankly, the more things change, the more they stay the same; we are some time away from that. <BR /> <BR />Given the significant number of amendments and proposed changes to the Bill at this stage, including petitions of concern, it is clear that the two largest parties in the House are not key supporters of the Bill and prefer to see limited changes being made using the mechanism of Standing Orders and other procedures of the House, as outlined in Fresh Start.”
“I am pleased to speak on behalf of the Ulster Unionist Party on this private Member's Bill. I join with others in acknowledging the amount of work that the Member has put into the measure. He may well feel that some of that work is unravelling before his very eyes, but such is politics and such is the politics of the Assembly. I also thank the Chair and members of the Assembly and Executive Review Committee for their scrutiny of the Bill, and the present Clerk and her officials for their guidance.”
“I thank the Chairman of the Committee for giving way. A spirit of reconciliation is evident. Normally, these things are done in what used to be called smoke-filled rooms or back rooms. It is nice to see political horse-trading taking place on the Floor of the Assembly. Some of us are keen that we, too, get involved in the horse-trading, so I assume that, in any consultation, the Chair will take the collection of voices from the entire Committee.”
“The Minister is wise to avoid all traps and snares; he will understand that. Given that there was a substantial consultation period with stakeholders over a number of years, why has the Minister taken cold feet on this one?”
“Presumably, the important point from all your recollections is that the blood went to somebody who needed it rather than it being about the school that it was taken from.”
“It is the bit in the middle you have the problem with.”
“I am grateful to the Minister for the information. What action does he intend to take to free up the resources, and has he given any consideration to where these valuable funds may be directed? What measures will he put in place to ensure that the issue of dormant accounts does not recur?”
“I congratulate the Minister on his recent elevation and wish him well.”
“Given the very unfortunate circumstances of that particular case, where a prisoner was seen to be legging it on national television, will the Minister assure us that the review that is being undertaken will cover all aspects of the work of the Prison Service, the Courts and Tribunals Service and the PSNI?”
“When, before the end of this mandate, does the Minister expect to make an announcement on the capital schools programme?”
“I thank the Minister for his reply, but may I draw his attention to the very inadequate broadband provision in the Glenanne, Enagh, Clady, Milltown and Altnamackan areas of my constituency, amongst others? I have received correspondence from BT indicating that those areas will not be included in the Northern Ireland superfast broadband extension programme until December 2017. Will he undertake to review that timescale, and is he willing to meet me to discuss the matter?”
“I join others in congratulating the First Minister on her recent elevation and wish her well. Does she agree that it is essential that the Executive and the Assembly deliver real, tangible benefits for victims and counter any attempts to rewrite the history of the Troubles?”
“Can I welcome the confession from the Minister that it will not mean moneys being allocated to clubs outside this jurisdiction? I plead with the Minister to stop refusing to use the term "Northern Ireland" simply for a political reason and for no good reason at all. You are a Minister in the Northern Ireland Executive, and you are expected to perform on behalf of the people of Northern Ireland. It is time that you and your party realised that.”
“I join others in sympathising with all those who have been impacted so severely as a consequence of the flooding, including in areas of my constituency and a neighbouring constituency. I also take the opportunity to thank all the staff and officials from Departments and agencies for their efforts to provide relief to communities. <BR /> <BR />Does the Minister think that it is either acceptable or fair that home and business owners affected by flooding across England are entitled to some £5,000 each, whereas, in Northern Ireland, it is limited to £1,000? Will she give a commitment that she will seek to get that changed from within the Executive? Will she also give a commitment that the support will extend to farmers?”
“I thank the Minister for his answers to date. Will he outline what further practical measures he is considering to tackle the long-standing scourge of fuel laundering in the border area, particularly in my constituency of Newry and Armagh? At what level in the PSNI will the new cross-jurisdictional joint agency task force be chaired? Finally and quickly, what level of administration and budget will be provided for the work of the new three-person panel that will bring forward recommendations on the disbanding of paramilitary groups? Will that panel seek the views of the communities most affected by paramilitaries in a confidential manner in order to ensure their safety?”
“Those moves are still a work in progress. The definition in clause 1 needs to be looked at more carefully. We would be very wise not to stray too far from internationally accepted definitions. The list of 10 motivating factors in clause 3 needs to be examined in more detail, as it is not clear where they came from and why other factors did not make the list. I look forward to Committee Stage in order to drill down into the issues, but the Ulster Unionist Party broadly welcomes the Bill.”
“I ask the Minister, in his winding-up speech, to address whether he thinks that there will be any resistance from the school sector to the requirements enshrined in clause 3 to record and categorise the motivation behind bullying incidents. Some care needs to be taken that it does not lead to school bullying league tables being published to be pored over by the press more generally. <BR /> <BR />The current legislation stipulates that every school has to have an anti-bullying policy. It is the quality and rigour of those anti-bullying policies that has been called into question by research carried out by the Anti-Bullying Forum and backed up by anecdotal evidence. For those reasons, my party and I support moves towards bringing tighter legislation to the Assembly to protect young people from the impacts of bullying.”
“However, in the continuing absence of an Internet safety strategy from OFMDFM, I ask the Minister to consider a more explicit reference to cyberbullying in the Bill. On the use of the school property, like tablet computers, in loco parentis and the primacy of parental responsibility outside school apply. However, as my colleague Sandra Overend pointed out, pupils nowadays have access to Internet-enabled electronic devices that are supplied by schools but used outside of traditional school hours. <BR /> <BR />Clause 3 introduces a duty on schools to keep a record of all bullying incidents and to state what the motivation behind each incident appears to be. We support this, but the data has to be reliable to show where the problems lie, otherwise, effective anti-bullying work will not be properly targeted.”