Clare Bailey
South Belfast · Green Party · Northern Ireland
“It is a great relief to finally be able to move my Abortion Services (Safe Access Zones) Bill at Final Stage. When I was first elected, I pledged to the people of South Belfast that I would work hard on equality issues, for human rights-compliant legislation and, particularly, for women. Today is the last sitting day of the mandate.”
“Yet, despite "Stay at home" messaging and regulations to prevent public gatherings, the concerted campaign of harassment and intimidation against women and staff continued unabated, and all authorities — the Health Department, the Department of Justice, the PSNI — claimed that they could do nothing to stop it.”
“The efficacy of the Bill is achieved without being unnecessarily heavy-handed or putting significant additional pressures on any criminal justice system. I hope that we can move on from those debates. <BR /> <BR />This is absolutely a landmark moment for the Assembly. I have seen many Bills passed today that I am incredibly proud of.”
“I thank the Member for that. It is worth noting that, comparatively, this Bill takes a light touch in respect of offences being committed, because the punishment for breaching safe access zones around the world, in almost all cases where they are operational, can result in imprisonment and wildly higher fines than what is being proposed i…”
“I am also aware that the Minister, who, Mr Butler, is your party colleague, has also confirmed that he will produce a policy paper setting out how his Department intends to implement the requirements for safe access zones, including guidance to operators of health and social care premises.”
“None of that is what I have experienced with abortion services. <BR /> <BR />I went out to consultation on the Bill in 2017, just as the Executive was collapsing yet again, and the three-year hiatus meant that I could not progress the Bill any further.”
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“I thank Members for their contributions. There has been an interesting debate on clause 4. Despite that, I thank Members who have supported the Bill so far. In particular, I thank Ms McLaughlin, who, when she speaks, shows that she gets exactly what is happening. I also thank other Members, including those in Sinn Féin and Ms Bradshaw, for their continued work with women on this issue. <BR /> <BR />The legislation is urgently needed. I hope that those who do not yet realise that can begin to understand it and start to support the Bill's passage. It is vital that the legislation finds the correct balance of competing rights. That was always my intention from the start. Of course, that balance has to be proportionate and justified, and I believe that these final changes and amendments will help to achieve it.”
“Ms Bradshaw also sought to do that with amendments that she subsequently did not move. <BR /> <BR />While the policy paper requirement remains in place, amendment No 5 would elaborate on it more clearly in primary legislation for the avoidance of doubt. The amendment expands the requirement to publish a list of protected premises and the extent of their safe access zones so that it is clear that there is a need to ensure that the existence of zones is adequately publicised more generally so that people can be sure of where they stand — literally — in relation to the law. <BR /> <BR />The amendments are fairly technical in nature and provide a degree of clarity and certainty. I hope that Members can support them. I will support all five.”
“At Consideration Stage, I proposed some changes to the process, with the assurance that the detail on how they could be implemented would be best dealt with through a policy paper from the Department of Health.”
“Nevertheless, I do not see any issue with including it to give additional reassurance on the operation of the clause. Therefore I support Mr Allister's amendment to ensure that there is not a strict liability offence. I thank him for his assistance and willingness to work with me to get agreement on how to bring that forward. I have no doubt that he will speak to that in great detail. <BR /> <BR />Amendment No 5 relates to how the safe access zones, once established, will be published in a list and how the public will be made aware of their existence. That has been subject to extensive discussion throughout the passage of the legislation.”
“influencing, "preventing or impeding access", or:”
“The Bill does not ban protests and it does not ban silent prayer: it simply regulates the behaviours of people who are targeting women and are attempting to stop them accessing lawfully available healthcare and information — that is all — and allows staff to go about their jobs, unimpeded and without impingement. As such, I do not envisage many examples where someone might have a reasonable excuse for engaging in behaviour:”
“<BR /> <BR />The Member for North Antrim has tabled amendment No 4 to add a reasonable-excuse defence to the offence outlined at clause 5(2). I understand the concerns that were raised at Consideration Stage that the effect of then amendment No 5 was that the offence could be one of strict liability. While I stand over that amendment to remove that defence, as the PSNI was clear about the impact that it could have on the enforceability of the legislation, it is not, nor has it ever been, my intention for the Bill to unnecessarily criminalise anyone. <BR /> <BR />The offence outlined in the Bill is narrow in scope, despite what some have alleged.”
“The original provision set out that a safe access zone would only apply to a protected premises. It was not explicit that there was a mechanism for a zone to no longer apply. Amendment Nos 1 and 2 outline how that can occur. <BR /> <BR />Amendment No 3 tidies up clause 4 following the amendments that were made to it during Consideration Stage. The amendments at Consideration Stage set out how a zone would be established and the role of the Department in that process, but there was an omission in relation to premises where information, advice or counselling about abortion services were provided. Amendment No 3 is a minor change to correct that and ensure that they are included in that section of the Bill.”
“I am very pleased that the Bill has reached this stage of its development. I express my gratitude, again, to the Committee for Health, the Office of the Legislative Counsel (OLC), the Department of Health and all the other stakeholders who have helped to get us this far. The amendments that we worked on and made at Consideration Stage went some way to getting the Bill to the point where, once passed, it would be effective and workable. However, a number of issues came up at Consideration Stage that meant that further work would be required to fully achieve that. <BR /> <BR />Amendment Nos 1 and 2 amend clauses 1 and 2 respectively so that it is clearer that the safe access zone will apply only to a premises while it meets the definition of "protected premises".”
“I thank the Minister for giving way. I also thank him for the talk on the future of farming. Obviously, that is an area in which he is very well versed, being a farmer himself. <BR /> <BR />Minister, given that you are talking about emissions, can you indicate, for example, how many of our areas of special scientific interest or special areas of conservation are breaching the ammonia limits?”
“Will the Minister give way on that point?”
“It is now time for every politician and political party and all Departments and civic actors to step up and put the policies in place to see the Bill achieve real emissions reductions, while also securing a sustainable future so that people and communities can thrive and be equipped with the tools that they need in order to thrive. The climate crisis is the biggest crisis that humanity is facing today. We need to play our part. I am glad that today we are creating the building blocks to start moving forward. <BR /> <BR />It is time to future-proof Northern Ireland. I look forward to working with the people in South Belfast along with my new constituency colleague to deliver what is contained in the Bill.”
“The will of the House would be similarly expressed, and the outcome for the target would not change. <BR /> <BR />Although the Minister has held true to his word by not delivering an independent environmental protection agency in this mandate, it is a historic day for Northern Ireland. The Bill creates an important framework for the future for the climate action that we need to take. The Bill is not everything that we would like it to be, but it is an important first step, and one that we all need to keep building on.”
“Thanks to the inclusion of many Green Party amendments, the Bill is stronger than when it was originally introduced. It is not everything that we wanted it to be, particularly given its less ambitious methane targets. I respect the will of the House, however. It has been a democratically developed Bill, with much cross-party working. Now is the time for us to ensure its delivery. It is time to get behind the structures that are contained in it in order to allow us to create the systemic changes that are so urgently needed. <BR /> <BR />In agreement with the co-sponsors of the Climate Change Bill and Climate Coalition Northern Ireland, I have decided that, if the Final Stage of the Climate Change (No. 2) Bill is passed by the House, I will not move the Consideration Stage of the Climate Change Bill.”
“The report sets out an atlas of human suffering. In the words of the UN Secretary-General, António Guterres:”
“The IPCC report also states that the burden is falling overwhelmingly on those who have not caused the problem. Large parts of Africa will become uninhabitable. Growing numbers of people are dying as a result of excessive heat. Fifteen times more people have died as a result of floods, droughts and storms in vulnerable regions such as Africa, South Asia, Central America and South America than have done in other parts or the world. That is climate apartheid, where the rich pay to escape heat and hunger and the rest of the world watches.”
“<BR /> <BR />It is abundantly clear that, in the course of this process, Members lost sight of what this legislation is truly about. On the very day that Members of the Assembly watered down and weakened the Bill, the Intergovernmental Panel on Climate Change released its 'Climate Change 2022: Impacts, Adaptation and Vulnerability' report. The IPCC says, unequivocally, that:”
“<BR /> <BR />Throughout this process, it has been noted and argued that, despite having a similar emissions profile to Northern Ireland, the Republic of Ireland did not set split targets for methane. At Consideration Stage, Sinn Féin successfully passed an amendment what would require us to align our policies with the Republic, yet they now support different targets for Ireland, North and South. How does that make sense? The island of Ireland is a single biogeographic unit. At every stage, the Green Party advocated for an all-island approach to climate action. Sinn Féin, the SDLP and others caved in to corporate lobbyists, creating two separate targets for this island with all the administrative, legal and practical difficulties that come with that.”
“Citizens who want to cast their vote for the planet should know that, last week, the DUP, the SDLP, Sinn Féin, the UUP and the TUV spoke in favour of significantly weakening our net zero commitments. Parties that were co-sponsors to the cross-party private Member's Bill — Sinn Féin and the SDLP — spoke in favour of split targets for methane last week, abandoning the commitment to a net zero target for Northern Ireland. It is great to see the climate champions in the SDLP supporting net zero by 2040 and no split methane targets at Westminster. Why, then, would they not support the same here? The climate champs in the UUP make manifesto demands for a UK net zero target by 2035 but vote for our contribution to be 82% and for splitting the targets.”
“The Minister focused on headlines during his contribution, yet he totally ignores those headlines. <BR /> <BR />What happened last week with regard to amending the Bill to create split methane targets is the perfect example of parties' duplicity; they are talking out of both sides of their mouths. Once they feel that the public will not understand the detail, they do what they want to do and not what they have said they will do. The DUP has, at least, been consistent in its position, but other parties that claim to speak for the planet, the environment and climate justice showed, last week, what they truly stand for: keeping their seats, no matter what.”
“Meeting the climate crisis requires bravery, but, at the eleventh hour, the majority of MLAs caved in to the demands of a lobby that represents the highest-emitting sector in Northern Ireland. That is a political and moral failure, and future generations will judge them harshly for it. <BR /> <BR />There are fewer than eight years left in the global carbon budget. That gives us two thirds of a chance of staying under the critical threshold of 1·5°C global warming. What is right is not always what is popular. With fewer than eight years left to avoid catastrophic climate change, Members of the House have decided that votes and lobbyists are more important than fully addressing the "code red for humanity" warning and the "atlas of human suffering" warning given to us by the IPCC.”
“That should ensure that we will no longer hear the trotted-out excuse that we simply do not have the proper evidence needed to create the right policy. <BR /> <BR />The Bill is much stronger than when it was introduced, thanks to the extensive amendments tabled by parties across the House. However, the amendments that passed last week to create a separate target for biogenic methane, so that the Bill does not reflect a truly net zero target, have seriously weakened the Bill's provisions. That shows that, when it comes down to it, our political parties will not make the hard but necessary decisions that go with climate action, because that would require them to think beyond elections and electoral cycles. We are elected by the people of Northern Ireland to show political leadership.”
“Its report will provide an independent, scientific critique of the efficiency of the Executive's climate action plans. The role of the Northern Ireland climate commissioner will be crucial in underpinning public trust in climate policy. The absence of independent environmental regulation in Northern Ireland generally, and the absence of an agency, has eroded public trust. If Northern Ireland intends to make the deep-seated changes necessary to tackle climate change, the public must have trust in the system and be invested in the process. The commissioner will ensure that the public and climate policy decision-makers have all the necessary information to assess whether the Executive's climate policy is effective, fair and in line with the best available climate science.”
“<BR /> <BR />Targets have been expanded to look beyond emissions to soil quality and biodiversity, because the problem of climate breakdown is inextricably linked to ecological breakdown and the state of our soils. We secured an amendment requiring policies and proposals to support nature-based projects that enhance biodiversity, protect and restore ecosystems, reduce emissions and support climate resilience. The Green Party will push to see that delivered and not swept aside in the push for further economic development, which has caused the crisis that we are in. <BR /> <BR />We secured vital, Northern Ireland-specific, independent oversight through the establishment of the Northern Ireland climate commissioner. The commissioner will be an independent organisation, separate from government and political interference and bias.”
“Our amendments have ensured that action taken in Northern Ireland to reduce emissions should simultaneously serve to reduce poverty, inequality and social deprivation. We have guaranteed a just transition fund for agriculture, which was missing from the Climate Change (No. 2) Bill until an amendment was made to it. That is to ensure that farmers can access financial support and advice on reducing emissions. <BR /> <BR />We are particularly proud of the fact that we secured an amendment requiring sectoral plans to eliminate gender inequality and advance equality of opportunity between men and women, which would make this one of the first pieces of gender-proofed climate legislation in the world.”
“<BR /> <BR />It is positive that the Bill, in its current form, is much stronger than it looked when it was introduced. That is thanks, in part, to 12 successful Green Party amendments. On policy areas, it largely mirrors what was in the initial Climate Change Bill and the cross-party desire to see robust legislation. <BR /> <BR />The Green Party has managed to put a just transition firmly on the agenda and, through amendments, at the core of the Bill. That means that consensus-building with people and communities, and empowering them to play an active part in the transition to net zero, should be at the heart of actions coming out of the Bill. Be in no doubt that the Green Party will be watching very closely.”
“The fact that we have two climate Bills close to completion is down to the fact that the Minister's hand was forced by an unrelenting civic movement and cross-party working. United in the demand for climate action, those people stepped up in the face of the Minister's refusal to meet his commitments. <BR /> <BR />I am delighted to see a few of the faces behind that push in the Public Gallery. I know that others are listening online to witness the passing of this stage of the Bill on its journey to becoming the Climate Change Act (Northern Ireland) 2022. I acknowledge the professionalism and the work put into the Bill by Barbara and her team of private Member's Bill Clerks, the Committee Clerks and the departmental officials.”
“The cross-party Bill was submitted in September 2020 and introduced to the Assembly in March 2021, setting the framework for what we need in a climate change Act for Northern Ireland: strong net zero targets, a just transition, non-regression and robust climate action plans that take a holistic view of the crisis by incorporating targets on not only greenhouse gases but soil quality, air quality and biodiversity. <BR /> <BR />Once the Bill was introduced, the Minister suddenly found that he did have the time to take forward climate change legislation. The Minister's Climate Change (No. 2) Bill was introduced in July 2021. It was much less ambitious and narrower in scope. It was a watered-down version of what had already been proposed.”
“The Minister responded by saying that he would not be rushed into introducing measures that we would later regret. On 21 July 2020, the Assembly passed a further motion, which called on the Minister to introduce a climate change Act with legally binding, ambitious targets within 100 days. The Minister responded by telling us that the time frame was impossible and that the Assembly's ask was ridiculous. <BR /> <BR />When the Minister failed to step up, civic society and activists stepped in. By the hundredth day of the Assembly's restoration, a climate change Bill for Northern Ireland had been drafted, to be introduced as a private Member's Bill, and had the support of all parties except the DUP and the TUV.”
“I am pleased to have arrived at the Final Stage of the Climate Change (No. 2) Bill. It is one of the most significant pieces of legislation that the Assembly has considered, and it tackles the most important issue of our lifetime. The Bill has been a long time coming. After three missing years in the mandate, an Executive was reconvened after the New Decade, New Approach agreement was finalised, which promised us a climate Bill for Northern Ireland along with an independent environmental protection agency. The Minister took office on 11 January 2020, and it has taken us over two years to get to this point. <BR /> <BR />On 3 February 2020, the Assembly passed a motion calling on the Minister to bring forward a climate change Act and establish an independent environmental protection agency for Northern Ireland.”
“There is now a real chance to embed the principles of gender equality throughout the agriculture sector, which would transform not just the sector but our society as a whole. <BR /> <BR />I hope that the Minister, the Department and everybody here takes notice and does the right thing for women across society.”
“<BR /> <BR />What you will find in the report is exactly what you will find when we talk about women in any sector and women in any leadership roles around the world. The barriers are the same, and the research has shown us that they are the five Cs: candidacy, cash, caring responsibilities, culture and confidence. In any sector, around the world, the barriers for women are the same as for women in our agriculture sector here. <BR /> <BR />During the carrying out of the report, we heard stories from women in the agriculture sector here in Northern Ireland about the misogynistic attitudes that they face at farmers' markets, at sales and in the industry as a whole. We have a chance to stop that.”
“I am well aware that the timing for the debate is tight. We had been allocated 45 minutes rather than the usual one and a half hours, so thank you, Mr Deputy Speaker, for the extension. I will keep my contribution short. <BR /> <BR />On International Women's Day, people around the world are challenged to imagine a gender-equal world. In 2022, we are still having to raise awareness of gender bias. That is the theme of this year's International Women's Day, and it is why we are here acknowledging the report. There are no surprises in the report, and I am glad that the AERA Committee carried out that work. I urge every Member to read it and every party to adopt its recommendations.”
“The Member is much better versed in the legal and courtroom procedures than I am. However, a reasonable defence can be employed by anybody in any context, for any charges, in any courtroom and at any time: is that right? It does not need to be stipulated in primary legislation that you can use reasonable defence as a defence.”
“The police cannot deal with it under existing legislation because, they say, it is insufficient, or they cannot gather enough evidence to secure a prosecution. Existing legislation is simply not enough. The word "influencing" has been deliberately put in to capture the raft of behaviours and how they twist and turn in order to allow that deliberate campaign of harassment to continue. That is what the Bill would do.”
“I thank the Member for giving way. I have direct experience of what happens outside the doors of the centres. I talked about that when I addressed clause 6 and said that being too prescriptive does not allow what happens on the streets to be taken into account. During my time working with the Marie Stopes clinic, what happened at the doors was not protest, Mr Allister. It was a deliberate campaign of harassment and intimidation to stop me doing my job and to stop women seeking access to that building, regardless of whether they were going to the eighth, ninth or fourth floor. <BR /> <BR />I have been spat on. I have been physically assaulted. I have been splashed with holy water. I have reported it to the police; I have caught it all on GoPros; and I have caught it on CCTV cameras.”
“This is not about votes; this is about protection and safety measures that do not currently exist to ensure access to free, safe, legal services in Northern Ireland.”
“So, it is helpful to provide a clear direction in the Bill on what is meant by the term "premises". This amendment also clarifies what is meant by attending a premises, for the avoidance of any confusion in the determination of a protected person. <BR /> <BR />All that the Bill seeks to do is to provide for safe access to abortion services in Northern Ireland, which women currently do not have. Moving people who are seeking to impede access 100 metres away from the entrances to and exits from premises does nothing to shut down any anti-abortion debate or activism. I hope that all Members can understand the difference and that they can stand by women and staff, rather than, as Ms Erskine implied earlier, eyeing up votes.”
“It came through quite clearly during Committee Stage that the Committee wanted to make sure that the clause was capable of covering the full range of behaviours related to the recording of protected persons. I propose to provide a definition of "recording" in the interpretation clause — clause 11 — to ensure that that is the case. <BR /> <BR />Finally, following the advice of the OLC, amendment No 12 seeks to define what the Bill means by "premises". That is necessitated by the fact that it is envisaged that the type of premises that could require protection under the Bill are quite varied, and it is important to ensure that the safe access zone is effective, regardless of whether the premises is a large hospital site or a floor of a shared building.”
“<BR /> <BR />On amendment No 10, as a result of the proposal that clause 9 does not stand part of the Bill, a change is required in clause 11 to remove mention of the convention, as it is no longer required. On amendment No 11, there was some confusion in the written responses about the meaning of clause 6(3) and the extent to which the provision covers the recording of a protected person who is in a safe zone. The intention of the provision is that any recording, whether it be video, audio or photographic, that is taken of a protected person while that protected person is in a safe access zone, irrespective of the location of the person doing the recording, will be classified as an offence under the legislation.”
“That said, I propose to remove that clause from the Bill, as the amendments that have been tabled today mean that the role of the Department in establishing a zone has been greatly reduced, and, as such, the clause is no longer required, given that the Department does not have as many functions to exercise as was originally envisaged. <BR /> <BR />The clear will of the Department, the Committee and a number of stakeholders and key organisations that responded to the call for evidence was that the Bill establishes a zone. This is one of the amendments that is required to tidy up the Bill, given the changes that have been proposed, and to take that into account. <BR /> <BR />Apologies, Mr Speaker; I had a tooth removed yesterday, I am not feeling myself and I am stuttering a bit. I am nearly done.”
“Although it is not the ultimate arbitrator on human rights issues, that does not preclude it from ensuring or, indeed, lessen its responsibility to ensure that its actions are compatible with human rights under the 1998 Act and as something that would be required, whether or not it is expressly stated in the Bill. Indeed, the Northern Ireland Human Rights Commission, in its response, expressly recommended that the Department should carry out a human rights impact assessment on a case-by-case basis when designating a zone.”
“I am concerned that the Department of Health has stated that it would not be appropriate for it to carry out that assessment and that it would not have the competency to do so. As the Human Rights Commission pointed out in its written evidence, section 6 of the Human Rights Act 1998 requires public authorities not to act in a way that is incompatible with the ECHR. As such, the requirement to ensure that the actions of the Department are compliant with human rights should be well established under current practice at all levels. It should not be a particularly onerous requirement.”
“I am cognisant of the fact that not every zone will be the same, and, as such, how they are publicised may not also need to be the same. The proposed amendment gives the Department the space to come forward with its own policy on how best to meet the obligations in new clause 8A. I believe that that is its preferred option, as I have stated. <BR /> <BR />A number of written submissions expressed concern about clause 9. They felt that some of the listed rights were in direct conflict with the rights of those accessing the services. Although that may be the case, any safe access zone that is established must be a proportionate and reasonable restriction on human rights. Therefore, it is sensible that all engaged rights are considered when a zone is being established to ensure that that balance is struck.”
“Most of what was detailed in clause 8 is no longer required, given the more limited role of the Department of Health in establishing the zones in clause 5A. New clause 8A sets out more clearly the role of the Department of Health in publishing protected premises and safe access zones. The issue of publication and making sure that people are made properly aware of a safe access zone came up repeatedly during the Committee's evidence sessions and in the debate today. I hope that new clause 8A will go some way to addressing the issues that were raised. It puts a clear obligation on the Department, but, importantly, it is not too prescriptive in the legislation. It gives the Department the flexibility to publish the zones in the manner that it deems appropriate.”
“As such, I believe that clause 6 is appropriate as a whole, and I am firm in my support that it should stand part of the Bill but with a slight amendment. <BR /> <BR />Amendment No 5 removes clause 6(4). That takes account of concerns that were raised by the PSNI about the difficulty that it would pose for it in trying to enforce the legislation. I understand that, in practice, removing that would have little effect on protections for anyone charged under legislation, as they would still be free to rely on any defence that they wish, should they face any court proceedings, without the explicit reference to that in the Bill. <BR /> <BR />I propose that clause 8 as originally drafted does not stand part of the Bill. Instead, amendment No 8 will create a new clause 8A.”
“As such, I am content that the wording of clause 6(2), as it stands, is sufficient to cover the full range of offending conduct, as it focuses on the intention and the potential effect of the behaviour rather than detailing specific types of behaviour that could be worked around by those who are intent on intimidating women. <BR /> <BR />Some concern was raised in the written submissions that the fines for an offence may not be severe enough to act as a sufficient deterrent. The primary aim of the Bill is not to criminalise individuals but to ensure safe access to services. In my view, the creation of an offence, as well as the powers given to the police under clause 7 that require an individual to leave the zone and an associated offence for non-compliance, will be sufficient to ensure the effectiveness of the zone.”
“However, when it is targeted at an individual who is trying to access services, it absolutely can cause harm and distress and, ultimately, impact on their right to access healthcare safely and in confidence. <BR /> <BR />The health trusts were clear about the cynical tactics that were employed by those who engage in that type of activity outside the clinics, where one person would harass a woman on her way into a clinic, and another would harass her on the way out, in order to evade any potential consequences under the existing harassment laws, which have been mentioned.”
“As representatives from the Northern Ireland Human Rights Commission said at their evidence session, I do not think that it is helpful to be too prescriptive in the legislation, as that could lead to a situation where we see attempts to go by the technical letter of the law and not to comply with the spirit of the Bill's provisions. <BR /> <BR />As I have seen personally and the Health Committee heard at its evidence sessions on the Bill, the type of conduct that can have the effect of impeding access to a sexual and reproductive healthcare centre is incredibly varied and, when taken out of context, may not always seem too problematic.”
“I hope that that lays those concerns to rest. The premises are stipulated under the Abortion (Northern Ireland) Regulations 2020, and those premises will apply in the context of the Bill as well. <BR /> <BR />I turn to clause 6. There is an important balance to be struck in clause 6(2) so that the identification of what constitutes an offence is flexible and inclusive enough to encompass the full range of behaviours that have the capability of causing harm to a protected person inside a safe access zone, while giving enough certainty and clarity to those trying to enforce the law.”