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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“If we do not want to support legislation but want to educate our children together, and if we want to move forward but do not want the Bill or to take the necessary actions or to support the people who are trying to move the issue forward and simply want to stall and have a review and then another review, there is nothing to stop other legislation coming forward. It is 40 years since the sector started. It was parent-led and it was about parental choice. It is oversubscribed. We all have integrated schools in our constituencies. It is time that we all started to move forward and support the sector. I supported the principles of the Bill at Second Stage, and I will support the Member in her efforts to make the amendments in group 1. I thank her for her work to date on those.”
“It is still shocking that, in 2022, we still have to declare such statements as, "Of course we want to educate our children together". It is 2022. Let us start doing it. <BR /> <BR />Christopher Stalford mentioned the Bengoa review and said that he wants to go as far as a full Bengoa review on education. Do Members need to be reminded that that review was brought forward in 2015 or 2016? It remains undelivered. The sector is still crying out for the delivery of what was, in its opinion, an absolutely excellent review.”
“Dolores Kelly rightly brought that up in her contribution, and she referred to the many reviews and strategies that we have seen from all Departments that remain undelivered. This is not an either/or issue; it is not an independent review or the Bill. We need to be reminded that Lagan College, which has also been mentioned, was 40 years old last year. The time to deliver is up. To sit and wait for more reviews is not mutually exclusive to supporting the aims and objectives of the Bill. There have been discussions around the Bill being open to challenge. I do not see that as a rationale for not supporting legislation. It is OK to have challenges, but it is not OK to use them as the reason for not supporting Bills if you want to see them coming forward.”
“I will make some short comments at this stage. I remind the House again that my children attended a primary school where, at one point, up to 27 languages were being spoken, but it was not an integrated school. There is, therefore, a difference with regard to the diversity and demographics of the pupils and the set-up of the school. <BR /> <BR />I am listening to the debate. We had the Bill's Second Stage a while back, when we talked about the Bill's general principles, and here we are again. A lot has been said about the independent review that arose from New Decade, New Approach. Of course that is very welcome, but, as has been said, it will be a long time before we see that report, never mind any actions that come out of it.”
“I thank the Member for giving way. I am conscious that he is a recent ex-Minister in the Department. Do schools not already do those audits or know the socio-economic backgrounds of their pupils or their levels of ability, or would that be a new thing for schools to do?”
“I wish everyone — Members and Assembly staff — a very happy holiday, however you choose to spend it, and a very peaceful and productive 2022.”
“However, we need the Department and Translink to communicate better in the early stages with those who will be directly affected in order to allay their fears, to explain to people what the thinking is and to get their buy-in, and to make sure that everybody is heading in the same direction. We have to take communities with us. We cannot keep doing things to communities and expect them to get on board. That is the nub of the feedback that has come back to me. It is not opposition; it is about inclusion. It is about listening to what the communities want and identifying potential opportunities. <BR /> <BR />I am really glad that the last item of business in the Chamber before Christmas is a South Belfast-focused discussion.”
“Thank you for that. Co-design is where I was going. <BR /> <BR />Of course, the residents and businesses along the arterial routes want to see their areas thrive. They also know and understand their areas. They understand their problems. They see and understand the opportunities better than engineers or departmental officials ever could, so they should be actively involved in designing such schemes. As Christopher said, we hear a lot about the need for co-design and co-production, but we have yet to see any evidence of that taking place at ground level. <BR /> <BR />I heard about a lot of the fears in the run-up to the launch of phase 1 of the Glider. I think that we are all thankful that there is very little evidence of very much materialising from that, and that, largely, the whole development scheme has been very positive.”
“The whole point is that their concerns are linked to not being engaged. Things are done in silos. They feel that the consultation that was put out was a tick-box exercise and that there were predetermined outcomes without their engagement. <BR /> <BR />I am happy to give way.”
“I will just address the concerns that were raised. I have already said that, no matter where the bus goes and what the route is, businesses and residents on that route will have concerns. That is a given.”
“Bus-lane priority could be implemented swiftly across the entire city. That could be done now. Off-board ticketing systems could be implemented now. <BR /> <BR />I do not need to be convinced of the benefits of a Glider: it is just a more modern bus, for goodness' sake. It is currently, however, still a fossil-fuelled bus. I just do not understand how two routes in about 15 years is in any way adequate or sufficient. Residents and businesses have concerns about the routes that have been suggested so far. I have spent time discussing their issues with them. No one is opposed to better public transport; it is the Department's approach of working away in a silo and then opening up a consultation on what people feel is a predetermined route that understandably puts people's backs up.”
“Why do we have to choose between extending the service out to Carryduff or Glengormley or the other way? Of course, businesses on the route will have the same concerns, no matter where it goes. We hear about Carryduff being zoned for housing but, as constituency MLAs, we are very aware that the infrastructure in the area cannot sustain the level of development that is already happening. <BR /> <BR />It is 2021, and we are in code red for humanity, but we are still being told that we have to wait until 2027 for one bus route. That is the extent of our ambition. I truly fail to comprehend how it is beyond the Department, along with Translink — our sole public transport operator — to come up with a comprehensive bus and rail network across every part of the city and, indeed, across Northern Ireland as a whole.”
“I thank my colleague Christopher Stalford for bringing this debate to the House. Listening to the comments, we know that one bus will not solve the climate crisis, nor will it solve air pollution. Of course, most people are supportive of upgrading public transport in South Belfast. Like others, I have heard concerns about phase 2 of the Glider scheme that are a direct result of the Department's failure to prioritise and commit to active travel and sustainable transport measures over the years. <BR /> <BR />While there is much to be welcomed about the introduction of a service that seeks to connect north and south Belfast and that promotes better transport, the question of why we have to choose remains. Why do we have to choose between the Ormeau Road and the Ravenhill Road or between the Shore Road and the Antrim Road?”
“The Green Party will not support the Bill. We urge anyone who will support it to think very carefully about what they are willing to impose on women. By supporting the Bill, they will bring us back to the streets, back to exposing our souls and back to where we never should have been. I urge them to reject the Bill simply because they do not want to create laws that contravene human rights. Those are the rights of their mothers, their sisters and their daughters. The Bill is not rights-based. I urge Members to vote it down and allow us to move on finally.”
“We know that the Bill will simply continue exporting women's healthcare. Members were told that in the UK Government's response. Just in case Members missed that as well, I will quote:”
“Members have also been told that all pregnant women in Northern Ireland are offered a fetal anomaly scan between 18 and 21 weeks of pregnancy and that, as a result, the removal of the ability to access abortions for severe fetal impairments beyond 24 weeks could result in an "unintended consequence", as:”
“The 2016 report of the working group on fatal fetal abnormality highlighted the fact that it is impossible to create a list of fatal conditions, yet the Bill seeks to force medics to do exactly that. <BR /> <BR />The British Medical Association stated that the proposed legislation would remove the "legal clarity" for clinicians that the Abortion (Northern Ireland) (No. 2) Regulations 2020 provided. As mentioned by Paula Bradshaw, that could have, according to the British Medical Association:”
“I urge Members to listen to them and to pay attention. Just in case some Members have not done so, I will repeat what they said. They told us that the Bill seeks to remove abortion in cases of severe fetal impairment, thereby restricting the option of a termination beyond 24 weeks to cases of fatal, as opposed to severe, fetal impairment. Some 94% of all abortions provided in England and Wales last year, however, occurred within the first 12 weeks of pregnancy. Abortions performed after 24 weeks accounted for 0·1% of the total figure. We therefore know that the Bill will not do what its proposers say that it will do. <BR /> <BR />Members have been told that it is not always possible to distinguish between a severe fetal impairment and one that could prove to be fatal.”
“The doctors, the nurses, the medics and the activists such as Alliance for Choice, the Human Rights Commission, Amnesty International, Informing Choices NI — I declare an interest as a board member of that organisation — and many others have set out the fact over the fiction.”
“A similar provision in the Irish Republic has resulted in women and girls whose pregnancies are diagnosed with a severe and life-threatening anomaly continuing to be forced to travel overseas to access abortion. It is just as though repeal had never happened. <BR /> <BR />Women need to know that we will stand up for them today. We have that choice. There are serious concerns about what will happen next. I know that every MLA has been contacted about the Bill. Responses sent to every inbox have been clear on the impacts and implications. That is what we, as legislators, need to focus on before moral judgement and personal beliefs.”
“<BR /> <BR />Yesterday, Members were so concerned that a multi-option COVID certification scheme, just to get a pint as safely as possible, created discrimination beyond the like of which they had never encountered, and they wanted it to stop, and yet, today, they will vote to remove my access to healthcare if I have a diagnosis of severe fetal impairment. <BR /> <BR />Reducing the anomaly provision to cover only fatal anomalies has been shown, as in the example of the Republic of Ireland, to limit even fatal diagnoses, owing to the unattainable certainty required. This Bill, proposed by the DUP, would compel medics to make impossible distinctions between fatal and non-fatal anomalies and would limit access to abortion healthcare.”
“<BR /> <BR />During yesterday's debate on the COVID certification scheme, I listened to concerns that Members shared about personal and private health data that should be confidential. Let us have a wee look at women's health and confidentiality. Is reporting us to the PSNI OK? Are the constant debates in the Chamber OK? Is the need to bare our souls in public OK? To speak on TV and radio talk shows — is that OK? That is exactly what we have been forced to do, and we are sick and tired of it. Neither the contents of my womb nor those of any other womb are the business of any MLA. It needs to stop.”
“This clause, if passed, will serve to add further discriminatory barriers that disproportionately affect disabled women. We should be discussing significant increases in funding to enable disabled people, rather than broadly trying to restrict the rights of women even further. The Green Party will not support the start of such a clawback. We have always supported and will continue to support the women who have spoken out, the women who have suffered in silence, those who have worked hard to end the shame on abortion and the campaigners who have openly flouted and broken the law on abortion. If the Bill or any of its clauses passes, I will continue to support those women and stand with them, because this Bill will bring us right back to needing to take those actions.”
“I look at the clause, and I see that it would disproportionately harm disabled women whose pregnancies are diagnosed with a fetal anomaly and would contravene the state's obligation under the Convention on the Rights of Persons with Disabilities. To every Member claiming to vote it through on what is the pretence of disability rights, I say: you are wrong. For those who are not sure about the impact of what they are minded to support, I repeat, for clarity:”
“The clause and the wider Bill, which will remove abortion provision in cases of severe fetal impairment, is being couched as concern for disability rights and discrimination, but it is very far from it. If that were the rationale, something more understandable than this clause would be offered. In fact, Disabled Women Ireland has said:”
“The UN Office of the High Commissioner for Human Rights continued:”
“Westminster finally did step up and change the law by passing the legislation that was brought by Stella Creasy MP to decriminalise abortion in Northern Ireland, but the clauses in the Bill roll back on that UK legislation. Supporting the Bill today will roll back on the hard-fought progress that women across this island have had to fight for. They are watching today to see who is content to continue exporting healthcare and who is content to continue shaming women. We know that neither the Bill nor its clauses will stop abortion happening in any scenario. It will just allow us to go back to washing our hands of the issue and allowing others to look after our women because we will not. <BR /> <BR />On the final state inquiry that was published by CEDAW in 2018, the UN Office of the High Commissioner for Human Rights stated:”
“From talking to MPs during that time, it became shockingly clear to me that the issue was not, as I had always thought, a lack of care for women in Northern Ireland. MPs had not stepped up and addressed the wrongs that we had suffered, but something very different was keeping them at bay. Many MPs told me at that time that, when they tried to raise the issue, they were very often told not to interfere in Northern Ireland politics and that stepping into the abortion debate would threaten our institutions and the very peace process itself. So, they backed off, believing that they were doing a good thing. Now that that lie has also been exposed, I, for one, am very glad of every intervention to date, and I thank them for it. Who knew the extent and the power of women's reproductive justice?”
“I hope that every MLA who votes in favour of the Bill or considering anything else has heard those women when they have told us of sleeping on the floor of hospital corridors after giving birth, until their child dies or is discharged. I hope that Members have listened to them speak of the abject fear that they have when they learn that they are pregnant again and begin to go through that journey all over again. By passing the clause and the Bill, that is what Members will ensure legally happens. <BR /> <BR />After the moves from Westminster, the Women and Equalities Committee agreed that it would step up and cover the financial costs for women travelling from here to England for the compassionate and normalised healthcare that is available elsewhere.”
“Passing the clause and the Bill will ensure that we continue to do that in cases of severe fetal impairment. <BR /> <BR />We should all be familiar by now with the horrific experiences that women such as Sarah Ewart and Ashleigh Topley were forced to disclose to public media, along with intimate details of personal matters, so that we understood the implications of the legislation that we upheld. It is also worth noting that not one bed is available across this island to allow a mother and a baby to stay together in such circumstances. I hope that all Members have spoken to the women who have been discharged from maternity units and sent home, separated from their sick babies.”
“We have no idea why each of those women and girls needed to access that healthcare — nor should we, because that is a private matter and it is protected under article 8 of the Human Rights Act. They paid for that private treatment, because the Assembly refused access to services free at the point of need. Allowing the clause and the Bill to pass will bring us back to that system. <BR /> <BR />As that was happening, it became apparent to some MPs at Westminster that they needed to step up. Eventually, cross-party support at Westminster allowed for the end of the economic discrimination that women in Northern Ireland had endured, whereby those who could afford to travel to England to access private treatment did so and those who could not were forced to continue with traumatic pregnancies and give birth or put themselves at risk.”
“It does not carry out inquiries regularly. To date, the only other states that it has investigated include South Africa, Kazakhstan, Mali, Canada and the Philippines. Now, we join that list. <BR /> <BR />Abortion provision for women in Northern Ireland came to the attention of that committee only after global media attention was given to the issue when Marie Stopes International opened the doors of its clinic in Belfast city centre in 2012, offering non-surgical, early medical abortion services. Despite the targeted campaign of harassment and intimidation that unfolded on the streets outside the clinic, when every woman of childbearing age who entered the building was targeted — that included Dawn Purvis, the clinic director — thousands of women came for treatment. The oldest was 52, and the youngest was 13 — 13 years old.”
“Women in Northern Ireland have never been afforded their rights by this institution. When abortion was eventually decriminalised in 2020, it was not done by this House; ironically, of course, it was done in the absence of this House. The legislation was changed at Westminster. It was not done at Westminster because MPs had finally discovered the 50 years of discrimination that they had allowed women in Northern Ireland to endure. No, Westminster began to take that discrimination seriously only after the United Nations Committee on the Elimination of Discrimination against Women took the decision to carry out a full state inquiry concerning the United Kingdom of Great Britain and Northern Ireland under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.”
“You will have plenty of time to come back.”
“If that was not the intention of the Members who spoke, I despair at the level of knowledge displayed today about the Bill, particularly when some of those Members are still willing to vote the Bill through regardless. Anyone willing to do that today is an absolute danger to women and their rights. I want Members to be sure about what the impact will be on women in Northern Ireland if they agree to the clauses today. That includes the Bill sponsor, Mr Stalford, who came up to me during the debate and asked whether I knew what Sinn Féin was doing after Michelle O'Neill left the Chamber. The fact that he is wiling to come and do that makes me even more convinced that he is playing political games with the Bill, and that is not OK.”
“I too oppose clauses 1 and 2 standing part of the Severe Fetal Impairment Abortion (Amendment) Bill. It is really interesting to note that the Bill makes no mention of disability, despite what we have heard. Severe fetal impairment is a separate issue, but, sure, why let fact get in the way of good moral legislation? My party cannot and will not support either the clauses or the intent of the Bill, and I will outline the reasons why, because MLAs need to be clear in their understanding of what they are being asked to vote on today. <BR /> <BR />I have listened to so much debate that completely misses the reality of the Bill and simply regurgitates deflection tactics.”
“I thank the Minister for his statement. It is indeed a very distressing time for all bird keepers. <BR /> <BR />Minister, in your response to Mr Blair, you said that communication is absolutely important, and of course it is. The first confirmed cases of the outbreak were in swans at Belfast City Council's Waterworks park in north Belfast. I believe that that was on 25 November. As Mr Blair said, we heard from your officials that a meeting with councils had yet to take place. On the issue of communication, are you content that this is being dealt with with the urgency that is required?”
“Thank you. Further to that, Minister, can you give an update to the House on how far progressed the commissioning of those services is?”
“We are in a climate emergency, and we should make the case for environmental farming schemes to be easily accessible. Northern Ireland is being left behind. There is no bespoke Northern Ireland agriculture legislation. We hear that it is in development, and that is proving to be a brake on progress, Minister. Northern Ireland needs to move forward with its own agriculture Act, and we need to move to a "public money for public good" model that puts nature and farmers at its heart.”
“I have been contacted by farmers who are serious about the role that they can play but have extreme difficulty in accessing financial incentives and joining environmental schemes. One farmer said:”
“<BR /> <BR />It would have been really good to see a real move to making agriculture payments a key lever for delivering better outcomes for nature and the climate. The transition towards a better system should have begun with the regulations that we are debating. I have spoken to farmers. They tell me that, while they know that changes need to be made, agriculture's transition to a low-carbon future needs to be more carrot and less stick. Farmers are ready to make the changes, and they understand that they have that role to play in delivering emissions objectives whilst supporting a more productive and resilient food system. However, it is we who have to provide the financial incentives to make that profitable for them.”
“Whilst simplifications are welcome, certainly for farmers, it is extremely disappointing that, for a second year after leaving the EU CAP system, the changes that we are making in Northern Ireland in how we pay directly to farmers remain so insignificant. <BR /> <BR />Despite the fact that there are two climate Bills in the system, the regulations lack any environmental focus whatever. Even at the EU level, the CAP is being reformed. In England, the Agriculture Act 2020 has provided a legal framework to reform subsidies to a "public money for public good" model. Scotland and Wales are working on their agriculture legislation for 2024, yet, again, in Northern Ireland, we are dragging our feet.”
“What action can you or your Department take in the case of people appointed as board members of voluntary grammars who are found to be acting unlawfully or not adhering to the Teachers’ Negotiating Committee?”
“Thank you. Will the Minister assure the House that absolutely no farmland in Northern Ireland will be given over to the fracking industry?”
“I thank the Minister for the statement. I noticed that, when he was asked about robust legislation, he discussed opportunities in the energy sector, of which there are, of course, many. The UK Government have set robust legislation, and we are, of course, part of the UK political union, but we are also a separate land mass, and that is key when we are tackling emissions and climate change. The Irish Government have also set ambitious legislation. Has the Minister had specific discussions with them on the potential impact if Northern Ireland were to be less ambitious?”
“I call on them all to start taking green action and to stop talking and greenwashing. We have really waited long enough.”
“While other places have grabbed the opportunity that COVID presented to transform the use of public space, we have managed a couple of pop-up cycle lanes and given about half a dozen car parking spaces for a parklet. A Department lodged an objection to a planning application to extend pavements outside its offices to improve public spaces for people. The Department objected because it did not want to lose the parking spaces at its front door: I kid you not. I am scundered for us. <BR /> <BR />I put it to all those who have said the right things in the Chamber today: do more. If we take anything from COP26, let it be that words count for nothing if we do not take action. That goes beyond DFI; it goes to the heart of every Department and what they do to ensure that we transition to a sustainable, inclusive society today.”
“The majority of journeys in Belfast city are less than 2 miles, but we have little over 2 miles of protected cycle lanes in the city as a whole. Is it any wonder that most people are not engaged? We need to spend a wee bit more than £2 a head on active travel. We need to stop building roads and to start building cycle lanes. We need to give priority to buses on all routes and urgently expand public transport networks to ensure that they are properly integrated with active transport and connect people with place. We must, of course, make that affordable, which our current public transport costs are not. <BR /> <BR />I hope that the report will signal a change in how we operate, but you will have to excuse me if I am cynical. I do not think that it will. We have seen a lack of ambition in the past year alone.”
“The Audit Office tells us that DFI needs £1·2 billion just to bring the road network up to standard: not to transform, improve or reach net zero but to stand still. That is the extent of the neglect with which we are dealing. <BR /> <BR />I caution anyone reading the report that EVs are absolutely no panacea. There is little acknowledgement in the report of the emissions from car production, and, while those emissions may not be recorded here, that does not give us the green light to ignore them. <BR /> <BR />The report acknowledges the immediate impacts that could be achieved if we focused on short-term, targeted investment in our existing network, and yet we have no active travel infrastructure worth talking about. One per cent of journeys here are by bicycle compared with 70% by car.”
“Like others, I thank the Committee for producing the report. This is a great discussion and is exactly what we should do as an Assembly, but I do not want to go over the many points and issues that have been raised. The report is pretty damning about the state of our infrastructure system. That should be absolutely no shock to anybody who has been paying attention. <BR /> <BR />Transport is the second-highest sector for emissions. At exactly the same time as car usage should be decreasing, transport emissions are increasing and car dependency is rising. That is not just about the current Minister for Infrastructure — Minister, I feel your pain — but it is the failure of successive Ministers, Executives and Governments who have failed to prioritise and fund the necessary investment in our transport system.”