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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“In my unselected amendment, I called on the Minister of Health to bring one forward, and I hope that she will listen to those words and respond positively to the call for a strategy. Care and support for people living with HIV must also form part of that strategy. I urge caution against a piecemeal approach to these issues, with a motion here or a ministerial provision there. <BR /> <BR />Lifetime treatment for those living with HIV is estimated to be £360,000 per annum. It is a simple health economics argument that investment in prevention will save money in the long run. The Minister of Health is also very vocal on moving to a preventative model, and a sexual health strategy would be an excellent opportunity to demonstrate that. <BR /> <BR />PrEP is not available anywhere in the UK.”
“That is a hugely disproportionate impact. Let us call it as it is: that community is disproportionately affected. The continued disproportionate impact of HIV on that community is largely due to historic and continued discrimination and prejudice. I hope that the House moves on addressing discrimination and prejudice on the basis of sexual orientation with the key lever of a sexual orientation strategy. <BR /> <BR />While we are broadly supportive of the Alliance amendment and would welcome the introduction of pre-exposure prophylaxis, we believe that that would be best done as part of a comprehensive sexual health strategy, which is something that we do not have. The sexual health sector has reached consensus that we need a sexual health strategy that prioritises relationships and sexuality education.”
“I want to reassure all those people that they are valued and worthy and should not have to experience stigma, prejudice or discrimination. <BR /> <BR />I am disappointed that the motion did not mention the group most impacted on by this illness — men who have sex with men. They are the people who are most disproportionately affected by HIV. When we talk about suicide, we clearly articulate and understand that it disproportionately affects men and that it is men who mostly die by suicide. We therefore must not shy away from the reality that certain groups are disproportionately affected by HIV. In 2014, 94 new cases of HIV were diagnosed in Northern Ireland, 46 of which came from transmission between men who have sex with men. That is 49%, yet men who have sex with men may represent only up to 5% of the total population.”
“People living with HIV are often fearful of disclosing their status in case of differential treatment, breach of confidentiality or negative attitudes. <BR /> <BR />I pay tribute to all those people living with HIV who have publicly told their stories to try to address stigma and prejudice. It is important that those stories be in the public eye. <BR /> <BR />We have also come a long way in the diagnosis and treatment of people living with HIV, particularly with prenatal screening. Although it remains a life-limiting condition, the advances in treatment and support mean that people can live a happy, healthy and fulfilled life following their diagnosis. In 2014, there were 809 people receiving HIV care in Northern Ireland.”
“I support the motion and commend Paula Bradley for bringing it forward. I am pleased that the House is talking today about people living with HIV. On Thursday all over the world, we will mark World AIDS Day. We must think of all those who have gone too early because of an illness that is preventable. HIV is an almost unique health condition, in that it carries with it a significant amount of social stigma. When people are diagnosed with other illnesses, they usually tell friends and family, and they usually receive support. They will disclose their illness to other health professionals as is relevant to their care, and they will never be judged for that illness. That is not often the case with HIV.”
“On the back of that response — thank you for it — and given that quotas in the Patten report worked very well for the Police Service, could we not reconsider the implementation of gender quotas for the Assembly?”
“From her work on stalking legislation, does the Minister feel that the harassment laws are fit for purpose or are they due to be reviewed and updated?”
“then we must make moves on equality for all people. This must include the equal treatment of people on the basis of their sexual orientation and gender identity. This is a cornerstone principle of a modern democracy. We support the LCM.”
“For these reasons, the Green Party will not be supporting the amendment, which seeks to exclude the posthumous pardons altogether and leave LGBT equality lagging behind the rest of the UK yet again. I hope that the extension of this LCM can bring a focus on equality legislation, in general, to this House over this mandate. If the Programme for Government seeks a more equal society, where we care for others and help those in need and where:”
“Many people in the past, who had to carry these convictions with them, ended up taking their own lives. Who knows what and who they might have gone on to be — perhaps doctors, lawyers or Members of the House as parliamentarians? Others carried the shame with them for the rest of their lives without being able to speak to family members or loved ones about it. There are some who might be alive today who are classed as criminals for now non-existent crimes. I hope that all Members can support the extension of the LCM in its entirety and help to send out a very clear message to our LGBT community that they are not criminals any more than the rest of us.”
“We welcome the last piece of the LCM: pardons for convictions for now abolished offences, specifically statutory pardons for persons with convictions for now abolished offences under what was historic anti-gay legislation. We welcome that, but I also expect that this will be the first time that the House has ever affected positive, progressive change through a vote on a matter of equality related to sexual orientation. <BR /> <BR />Our social attitude towards gay people still has a long way to go. Transphobic and homophobic hate crimes are still largely under-reported, if reported at all. We still have people elected to public office who advocate the re-criminalisation of LGBT people and others who believe that it is possible to cure being gay.”
“I support the LCM in its entirety. As a member of the Justice Committee, it has been fascinating to watch the level of scrutiny, the hard work and the sheer determination and perseverance that Committee members have put into this. It certainly sets the bar very high for the years to come. It has been a huge learning curve for me, so well done and thank you for being part of that. <BR /> <BR />The majority of the work has been highlighted, and we talked about maritime powers. I will not go through everything again, except to say that the Green Party does not object to anything in the LCM. However, we cannot support the amendment.”
“That is a timely intervention, as I was about to wrap up anyway. <BR /> <BR />I will not be supporting the LCM. I want to see put in place something more specific to the needs of Northern Ireland, our students and our future economic drivers. We need to be able to keep supporting all levels of and all subjects in further education and not start driving towards the notion that studying 6th-century history is of no use to anyone.”
“<BR /> <BR />We need to look at what is in Northern Ireland's best interests and what our universities need. We need a Bill to work for all learners of all ages in all modes of study, because our further education colleges, as well as our universities, will be impacted on by the LCM. <BR /> <BR />I echo what Mr Attwood said. This is the biggest shake-up in our education system provision since the 1990s, and we need to give due consideration to and have a proper conversation about what we need. Northern Ireland should not be supporting Tory policy, driven by Tory manifesto pledges, for a solution in England.”
“If that is to be the measurement and something that we are to roll out throughout Northern Ireland, can the Minister give any assurance that we can protect women and the other identified section 75 minority groups in Northern Ireland through an equality impact assessment from any negative impacts? I have not heard any of that being spoken about. <BR /> <BR />I also share the concerns mentioned about the Office for Students, which does not have any students represented on it. What that does is open the door to businesses and corporations influencing what universities teach and what research they can do. To make those moves will take control away from experts who are working in their field and give it instead to politicians, businesses and corporations. That is not really what education is meant to be about.”
“I, too, share a lot of the concerns that have been expressed on the Floor today about the LCM. I represent South Belfast, where Queen's University is based and where we have a large student population. I have not heard any of the universities coming forward to ask us to support the LCM. Quite a number of people who work there have expressed their concerns about what is happening. <BR /> <BR />I will reiterate a number of issues that have been mentioned in the Chamber about the teaching excellence framework. In other studies, the measurements used have been shown to be gender-biased towards white, male teachers.”
“Will he be happy to keep existing measures and allow them to continue with the great work that they do?”
“It is very disappointing news that we are getting today, not just for local government, which is always best-placed to identify and work on local need, but for those working at ground level in community development and regeneration, who find it much easier to engage with and access their local council than they do Departments and the Assembly. I am slightly heartened to hear that the Minister is keen to keep engaged and ask those who have been involved in the neighbourhood renewal process to bring their experience and knowledge to the discussions and that there will be no sudden change in the delivery of the programme. Will he give his assurance that these organisations and people will not have to prove their need all over again in order to access any continued funding?”
“Even every stillbirth in Northern Ireland is legally required to undergo a pathologist's post-mortem, and, if the parents refuse that, they face a public hearing with a coroner's autopsy, for which no consent is required. There is nowhere else in the world where that happens. <BR /> <BR />The petition from Amnesty, which 45,400 people have signed, calls on us to bring existing law into line with international human rights laws and standards, to make abortion available in cases of rape, incest or severe and fatal foetal impairment and to stop the criminalisation of women and girls who access abortion services. The vast majority of people in Northern Ireland trust women to make these decisions in their best interests, and it is time that the House did the same.”
“Northern Ireland's abortion laws are among the harshest in Europe and violate the basic human rights of women and girls. Abortion is illegal even in pregnancy resulting from rape or incest or where the foetus has no chance of surviving. Only in extremely restrictive cases in which a woman's health or life is in serious danger can she choose to access a termination. Instead of accessing the free, safe and legal healthcare that they need and would get on the NHS anywhere else in the UK, women here are forced by state law to carry the pregnancy to term or to travel elsewhere, with no regard to the psychological or physical impact on them or their family. <BR /> <BR />Midwives and doctors also face the great threat in our law of life imprisonment for involvement in any termination.”
“I am handing in this petition from Amnesty International to the Minister of Justice. It is signed by 45,400 people and calls for abortion law reform in Northern Ireland. Amnesty International, academics and many others have carried out extensive research into Northern Ireland's abortion laws, and we have repeatedly been found not to be compliant with the Human Rights Act, to which we are signatories. Even our courts have ruled on the issue, and again we have been found to be in breach of the human rights that we claim to uphold. <BR /> <BR />Since Marie Stopes opened its doors in Belfast city centre in 2012, people have begun to understand that abortion is not always illegal here and have started to question the issue as a whole, and our laws in particular. Amnesty International's public petition sets out a few facts.”
“Given the consistent high demand and, in some cases, oversubscription, does the Minister feel that there is adequate provision of integrated education places in south Belfast?”
“In that case, will the Minister give a solid confirmation that all investigations of the Annsborough event must include an examination of past incidences and equipment failures, including whether secondary pollution prevention measures by NI Water were, or should have been, in place?”
“Given that women have been allocated so little targeted resource under the Fresh Start Agreement and that this new co-design process of working is meant to target grass-roots organisations working in the field, is the Minister content that all the organisations that he just listed are expert in women's participation or, indeed, even have a strong record in the area?”
“Does the Minister have any figures for cases in which legal aid has been rejected since the implementation of the budget cuts?”
“Our judicial system should be capable of doing much more, and it should do better as a matter of urgency because, as every day passes, new victims are created.”
“Clients present with suicide risks, addiction problems, low self-worth, depression, anxiety and a plethora of other ailments. Our current rehabilitation system addresses some of the symptoms of trauma, such as anger, alcoholism and drug addiction. However, the underlying cause of the problem is often left unaddressed. Maybe we could start looking at what is causing this abuse. Maybe it is not alcohol but learned behaviour in our society, given that it is so endemic. <BR /> <BR />I want to mention the Probation Board for Northern Ireland because it does really good ongoing work with convicted perpetrators. However, this work can be done only when perpetrators have been convicted, and, as the figures given today show, the majority are not convicted, their problems unaddressed.”
“It is very heartening to hear such support and understanding from the House today, as well as the Justice Minister's commitment to the work programme ahead. As a member of the Justice Committee, I know that the Committee is absolutely committed to working on this issue and looks forward to scrutinising and helping where it can to introduce legislation. <BR /> <BR />A lot has been said today about men and women, and about the impact of domestic abuse on long-term relationships. Suffice it to say that Nexus NI put out a report that states than one in four of us should expect to be abused at some stage in our life. Much of that abuse occurs in childhood. Nexus believes that a large number of our prisoners have suffered sexual abuse or exploitation. The links between poor mental health and childhood sexual abuse are well known.”
“The Probation Board does much ongoing work, and other agencies help in dealing with the aftermath, but as a society, we need to hang our heads in shame at the disgraceful figure. When we acknowledge it and do nothing about it, we are complicit in it. I urge the House —”
“This was in relation to ensuring videotaped interviews as a primary tool; the second was where counsel was instructed to hold conferences between prosecutor, counsel and police to explore ways of overcoming any difficulties. The full 2015 review has still not happened, and it is within the gift of the Minister of Justice to instruct a review at any time. I urge her to instruct the Criminal Justice Inspection as a matter of priority. The impact on the life choices for many victims should not be ignored.”
“Of the three that were partially achieved, one was on support staff for those investigating in this area, and the other two related to the PPS.”
“The Criminal Justice Inspection conducted a thematic review in 2010 and followed it up in 2013. In the 2013 follow-up, it found that, of its 12 recommendations, seven were achieved, three were partially achieved and two were not achieved. They also committed to a full thematic inspection in 2015. <BR /> <BR />One of the recommendations not achieved was that the PSNI should take steps to improve communications and intelligence sharing between teams within the public prosecutions units. The other was that the police should fully adopt the principles and recommendations of the national crime investigators development programme and appoint appropriately experienced and trained tutor detectives to better support and supervise trainee investigators appropriately whilst they are undergoing training.”
“I could easily read the statistics to show that a woman in Northern Ireland is actually more likely to become pregnant as a result of rape than she is of ever facing her abuser in a court of law. <BR /> <BR />What actions can the PPS take? In England and Wales, the Ending Violence against Women and Girls strategy has led to the Crown Prosecution Service recognising violence against women and girls as a key priority. The CPS publishes detailed breakdowns of data on sexual offences, which is something we do not yet do here in Northern Ireland. <BR /> <BR />I would like to make my first ask of the Executive. It is to ensure that the PPS provides a further breakdown of this data, which might go some way to addressing the Member's concerns. The PPS is a non-ministerial governmental department and should be accountable on this issue.”
“I thank the Member for his comments. That is probably an issue to take up with the Public Prosecution Service to see how it can better work with the police to get a stronger case. The levels of prosecution in Northern Ireland are not comparable with those in jurisdictions in either the UK or Europe. Given the current context, Northern Ireland also sees a problem in the number of women in public life, and I am in no doubt that that is one of the main factors. <BR /> <BR />What about those women who become pregnant as a result of rape? In Northern Ireland, we are not human rights compliant with our laws on termination. Instead, we choose to further traumatise women by giving them no choice when they are choosing whether they want to continue with that pregnancy.”
“In 2015-16, 3,128 sexual offences were recorded by the PSNI. That equates to almost nine sexual offences per day in Northern Ireland. That was only those that were recorded. It was an increase of 12·1% compared with the previous year. Over the same period, despite increased reporting and subsequent recording by the police, there was a drop in outcomes of 2·7%, with only 13·7% of recorded sexual offences leading to any outcome. Those outcomes included charges; summonses; cautions; community resolutions; penalty notices for disorder; offences taken into consideration; and indictable-only offences, where no action was taken against the offender.”
“You will come forward and report an allegation of sexual or domestic crime in the knowledge that, if investigated by the police and brought to the prosecutors, you are overwhelmingly likely to have your case dismissed.”
“It is the PPS that will make the final decision to bring a case to court. In 2011, the PPS received 440 cases of rape from the PSNI, involving 465 suspects. Only 218 of the cases received were recommended for prosecution. Yet, the same year, we saw only 77 cases brought to court by the PPS. <BR /> <BR />To clarify, all allegations of rape, or any crime, made to the police will be investigated whether the person making the allegation wants or does not want to make a case, because the PSNI has a commitment to public safety. Therefore, all reported rapes in the criminal justice system are cases. Given that 83% of those cases between 2010 and 2014 were not recommended for prosecution, it is no wonder that we continue to have such low reporting of sexual offences.”
“That is a shocking figure. <BR /> <BR />I am also aware that some Members have questioned whether they can support this amendment due to concerns about the wording used. So there is a need to understand what constitutes an allegation and what constitutes a case. I welcome the opportunity to explain this. I have spoken to police officers today in the serious crime unit in Garnerville to make sure that I am on the right tracks. An allegation is a claim made by another person. This can be made to a friend, a family member, a councillor or, indeed, the police. The difference is that, once received, the PSNI will investigate the allegation and build a case. Each case is then forwarded to the Public Prosecution Service (PPS) with or without a recommendation for prosecution.”
“Contained in the pack is research completed by the RaISe team in 2015 at my request for a statistical analysis of rape cases in the criminal justice system in Northern Ireland. A key point from the paper states:”
“The charity works to support the victims and survivors of sexual abuse and rape. I want to take this opportunity to pay tribute to that organisation and to others working in this field, such as Women's Aid, the Men's Advisory Project and a host of others. Many of those charities are under significant pressure in the current funding climate. They are operating significantly above their capacity and are delivering above and beyond what they are funded for. We have well-established evidence that the austerity programme continues to disproportionately impact on women and children. The impact is seen significantly in this sector. <BR /> <BR />Prior to the debate, Members were provided with a briefing pack.”
“I welcome the opportunity to contribute to this vital debate and to move the amendment on behalf of the Green Party. I would like to thank the proposer of the motion for bringing further focus to this really important issue. <BR /> <BR />There are two amendments to the motion, and the second one, I feel, changes the intent of the motion by reducing any focused actions called for to deal solely within the realm of domestic violence over rape and sexual crimes. Given the Minister for Justice's recent commitments to bring forward legislation on coercive control, I feel that we should not lose sight of the great need to focus on, and include action on, the wider abuses of rape and sexual crime. <BR /> <BR />Before I was elected as an MLA in May, I worked for a charity, Nexus NI, and many of you will be familiar with it.”
“<BR /> <BR />Yes, I believe that regulation is needed, not because I believe that legislation is the answer but because there is a deficit in exactly what Emma Pengelly said about community consensus and working with people and understanding their needs, their fears and their reasons for wanting this. The Loyalist Communities Council, in putting together its protocol, has done an awful lot more than any elected representative over the past few years.”
“<BR /> <BR />This is not a South Belfast issue; it is a Northern Ireland issue. The debate needs to be wider. It needs to be taken with a level of seriousness, not as a petty one for cheap political point-scoring. This is not a nationalist and unionist issue. We come to Pride week in Belfast, and I have the LGBT community in South Belfast come and ask me, "Where will we put our flags? There is just no room on the lamp posts". What would happen if our LGBT community went out and put its flags up? I will just leave that there. I cannot imagine that you would have the same reaction to that.”
“The flying of flags in Northern Ireland is not something that I see as a celebration of identity; it is something that I see as a root cause of a crisis of identity. When people are not confident and not feeling secure, that will work its way outwards. <BR /> <BR />When Christopher Stalford was speaking, he challenged Claire Hanna and asked her when so many flags went up. Well, the flags went up in more numbers when Belfast City Council took its decision, and 40,000 leaflets went to homes telling people to be afraid and that they were under attack. The result was that we now have a bigger culture of flying flags across Northern Ireland. It is not exclusive to South Belfast. It is playing petty politics when you come out with statements like that on an issue that needs to be sorted out.”
“<BR /> <BR />I am not tutting at any community and I resent anybody in the House who thinks that by standing up and engaging in this debate, I am looking down on, or tutting at, the working-class loyalist communities in South Belfast, because I am not. I spent the summer meeting community groups and people in the working-class loyalist areas of South Belfast. What the people are saying is not anything to do with flags. They say, "Seriously, thanks a million for coming. We could not tell you the last time any elected representative has ever paid attention to us." I have given the commitment that I am here for all people and all concerns.”
“It is just another example of where this debate is going and how seriously the issue might be taken. I am recently elected, for the first time, in South Belfast, but, for years, I have been contacted by residents there with their concerns over flag-flying. There is a range of concerns. Some people are concerned that the flags are there in the first place. Some people are concerned that they are there and are left to rot. They feel that it is a sign of disrespect and they want new ones put up. Other people are concerned because they do not know who is putting them up, why they are putting them up or for how long they will be up. Some people are just seriously weary that it is flag season again.”
“Thanks for that. I think that is just an —”
“In recent press statements, Jackie McDonald called on the loyalist community to make sure that the flags are down, certainly in South Belfast. <BR /> <BR />I was a wee bit concerned to hear Christopher Stalford say that a lot of people throw hissy fits when a few wee flags go up on the Ormeau Road in early June. You might have been born there, Christopher, around Annadale, but I have been living there for 20 years. I am not sure when you were last on the Ormeau Road but have a look because there are three flags on every lamp post from the top at Rosetta to the bottom at the city centre. I do not call that a few wee flags and I do not think you should be quite so trite about it.”
“However, if we want to contain the debate in South Belfast — the most diverse constituency in the whole of Northern Ireland, which is why we see elected representatives from five different parties holding six seats in the Assembly — it is not a nationalist and unionist issue. In the last census — correct me if I am wrong — a third of the population claimed to be neither "Nationalist" nor "Unionist" but claimed to be "Other". There is a huge Chinese population in South Belfast, and there is a huge Polish population and a huge LGBT community there as well. So, should we put flags up for everybody when they want to celebrate whatever they want to celebrate? <BR /> <BR />This is also a very timely debate because tomorrow is the day set by the Loyalist Community Council, under its own protocol, to take the flags down.”
“When I saw that this subject was up for debate, I was a little disappointed because I believe that the issue of flying flags in Northern Ireland is not an issue for South Belfast alone, it is an issue for Northern Ireland, and if that debate were going to happen, I would like to see a full Chamber and a raft of opinions. Having said that, I know that Claire Hanna has spoken widely on this matter and, in my opinion, she usually speaks a lot of sense. I understand why this debate is happening. <BR /> <BR />In trying to support the licensing, regulation or any other initiatives around the flying of flags, these debates need to be had.”