Declan Kearney
South Antrim · Sinn Féin · Northern Ireland
“The 'good jobs' Bill is designed to benefit every single worker across this society, regardless of background. It is not anti-business. It is about growing economic productivity and enhancing employment and workers' rights.”
“The rhetoric around proper scrutiny is a complete red herring; it is an attempt by the DUP to run down the clock in relation to the mandate. Why is that? What is the DUP afraid of? Why is it vetoing the 'good jobs' Bill?”
“The fallout from Brexit is a reality that is being felt hard by workers and families across the North daily, and that is illustrated in evidence sessions that we have received in the Economy Committee. In one, we learned that our electricity bills here are now higher as a result of Brexit.”
“Catastrophic, kamikaze economics, politically toxic — there is no other way to describe the Brexit debacle. Yet, 10 years on, those in the Chamber who continue to cheerlead are burying their heads in the sand.”
“The fact is that Brexit has brought a positive focus to the democratic logic of self-determination and constitutional change in Ireland. There is a way to remove the negative and enduring legacy of Brexit. Irish unity provides that option. Therefore, it is time to widen participation in the debate.”
“Minister, do you agree that the discrimination in employment and the political vetting that have been practised in this state for so long, and actively supported by some Members, have no place in today's society, and that appointment to government boards should be open to all sections of society, including such citizens as Peter Lynch?”
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“The work of the Commission on Flags, Identity, Culture and Tradition is being concluded. We anticipate that a final report will be submitted later this month, and we look forward to receiving that report and considering all of its findings and recommendations at that time.”
“In addition, 13 primary schools and three post-primary schools in north Belfast have achieved School of Sanctuary status in recognition of their work in providing safe, welcoming and inclusive places for children and, in particular, newcomer pupils and their families. <BR /> <BR />There are also 19 capital projects. Eight of those projects have been completed, and a further three have moved to construction. Those are the Sacred Heart parochial hall and the GRACE Family Centre, while contractors are due to go on-site shortly to begin the public realm improvement scheme at the Crumlin Road and Ligoniel Road junction. The community response intervention work of local groups in Ardoyne and Ballysillan is very well regarded for its cross-community cooperation and partnership working.”
“Since the launch of the strategic framework document in 2016 and with extensive community consultation, work has progressed to help create stronger communities and relationships, promote greater health and well-being and create safe, shared spaces and facilities. There is a very strong and vibrant integrated local reference group with broad community representation from across Ardoyne and Ballysillan. There are 11 community-led revenue projects in the north Belfast Urban Villages area. They demonstrate high degrees of cross-community partnership and good relations activities, with particular focus on important local themes, including mental health and well-being, pathways to employment, building local advocacy and capacity and nurturing youth aspiration and leadership.”
“Finally, to place the remit of planning decisions beyond doubt, the Bill provides an exemption from referral to the Executive of certain decisions made by the Department or Minister for Infrastructure under the 2011 Planning Act or regulations or orders made under that Act. <BR /> <BR />The Bill will, therefore, offer much-needed clarification to Ministers on the extent of their obligations to the Executive Committee, ensure that an appropriate degree of ministerial authority is preserved and, finally, place reasonable limits on the extent to which ministerial decisions, including essential planning decisions, could be challenged on the grounds that they are cross-cutting.”
“<BR /> <BR />Specifically, it means that planning decisions that were considered the sole responsibility of the relevant Minister and were not referred to the Executive Committee for agreement would henceforth need to be so to remove the risk of legal challenge on the cross-cutting principle. That would make the Executive Committee the de facto planning authority rather than the Minister for Infrastructure, in whom the statutory power is vested. The Bill addresses that point by providing that a Minister does not need to refer a matter to the Executive Committee if it affects the exercise of another Minister's statutory functions only incidentally. In this context, a statutory requirement for one Minister to consult another is not considered as affecting:”
“<BR /> <BR />The wider definition of "cross-cutting" had been interpreted as applying only to matters that cut across the statutory functions of two or more Ministers. It did not encompass those in which they simply had an interest, although the matter might, as in this case, be supportive of other Ministers' aims or objectives. The judgement means that the range of matters that would require referral to the Executive could be widened substantially, with the inherent difficulty of measuring the extent and nature of the interest that another Minister might well have in the matter. It could also tend to undermine the executive authority of individual Ministers in their areas of responsibility.”
“The judge also said that, as there was no Programme for Government in existence, the matter was outside the scope of such a PFG. <BR /> <BR />The Bill will address the implications of those judgements in three main ways. First, in accordance with the judgement, it will amend section 20 of the NI Act. The amendment is to make it clear that a matter that is significant or controversial should be referred to the Executive Committee if it is outside the scope of a PFG that has been approved by the Assembly and is in operation and in circumstances where no such programme has been approved and is, therefore, not in operation. That means that the absence of a PFG, for whatever reason, cannot be used as a reason for not referring a matter to the Executive Committee for decision. That is the purpose of clause 1(2).”
“It was also judged controversial because of the evident political differences reflected in the papers relating to the decision. The matter, therefore, was considered by the Executive Committee in accordance with their function of discussing and agreeing on:”
“However, the judgement of the court and the subsequent appeal by the Department, while upholding the original judgement, added further dimensions to the question. The judge also determined that this was indeed a cross-cutting issue. It involved the interest of the Minister responsible for the Department of Agriculture, Environment and Rural Affairs because of its specific waste management functions. It also extended to the joint heads of government and the Executive Office because of the impact on compliance with EU directives. In that latter regard, the Ministerial Code states that responsibilities of the joint heads of government include EU issues. The judge also considered the matter to be significant because of its importance for waste management policy.”
“The "programme" referred to is the Programme for Government (PFG). Those functions are also reflected in the obligation placed on Ministers to bring certain matters to the Executive Committee under paragraph 2.4 of the ministerial code. <BR /> <BR />I will now give Members some background on the need for the Bill. In 2017, the Department for Infrastructure, in the person of its then permanent secretary, took a decision to approve a planning application for the construction of a waste disposal incinerator at Hightown, Mallusk in County Antrim. An application for judicial review was granted by the court. The key issue in the judicial review was whether the decision could be taken in the absence of a Minister, and the court ruled that that could not happen.”
“Secondly, the Executive Committee are also given the function of:”
“The purpose of the Executive Committee (Functions) Bill is to provide greater clarity for Ministers on the circumstances in which they must refer matters to the Executive Committee for agreement. It also provides an exemption from referral to the Executive Committee for certain decisions taken by the relevant Minister under the Planning Act 2011. <BR /> <BR />The functions of the Executive Committee are set out in section 20 of the NI Act 1998. First, those are the functions set out in paragraphs 19 and 20 of the Good Friday/Belfast Agreement. The most relevant of those to the Bill before the Assembly is that of providing a:”
“I simply refer to the contribution made by the Chair of the Executive Office Committee and reiterate the importance of passing the Bill in order that we can regularise the anomalies that we are currently trying to resolve.”
“<BR /> <BR />We acknowledge that all legislation is important and that the Assembly must be afforded an opportunity for thorough scrutiny. We have issued advance copies of the legislation, along with its explanatory and financial memorandum, to all Members. The First Minister and the deputy First Minister also met the Executive Office Committee on the matter and accordingly seek the support of the Assembly in approving the motion to suspend Standing Order 42(1) today.”
“<BR /> <BR />Legislation is needed urgently to address the implications for ministerial and Executive decision-making of the judgements of the court in a legal challenge to the Department for Infrastructure's decision to grant planning permission for the waste incinerator. It is also necessary to clarify the circumstances in which a Minister is required to refer a matter to the Executive Committee, where that matter may be judged to be cross-cutting, significant or controversial. Without those clarifications, considerable uncertainty will continue to exist around the integrity of decisions taken by Ministers, particularly the decisions that are urgently needed to support the recovery of the local economy. The Bill is therefore important to the operation of the Executive.”
“I beg your pardon, Mr Deputy Speaker. I will recalibrate and address the matter in question. <BR /> <BR />Standing Order 42(1) provides that there shall be a minimum of five working days between each stage of any Bill. It is recognised that providing that time between stages helps to ensure detailed legislative scrutiny by the Assembly by providing Members with the opportunity to consider the legislation that is being proposed in detail. The joint heads of government acknowledge that the suspension of any Standing Order is far from ideal. However, they feel that the Executive Committee (Functions) Bill has a particular urgency that justifies it on an exceptional basis.”
“that is, the Programme for Government. Those functions are also reflected in the obligation placed on Ministers to bring certain matters to the Executive Committee under paragraph 2.4 of the ministerial code. <BR /> <BR />I will give Members some background to the need for the Bill. In 2017, the Department for Infrastructure, in the person of its then permanent secretary, took the decision to approve a planning application for the construction of a waste disposal incinerator at Mallusk in County Antrim.”
“Secondly, the Executive Committee are given the function of”
“The purpose of the Executive Committee (Functions) Bill is to provide greater clarity for Ministers on the circumstances in which they must refer matters to the Executive Committee for agreement. It also provides an exemption from referral to the Executive Committee for certain decisions taken by the relevant Minister under the Planning Act 2011. <BR /> <BR />The functions of the Executive Committee are set out in section 20 of the NI Act 1998. Those functions are primarily the ones set out in paragraphs 19 and 20 of the Good Friday Agreement/Belfast Agreement. Of those functions, the one that is of most relevance to the Bill is the provision of”
“to act in the interests of all citizens living in our society, to uphold the basis of the Good Friday Agreement and the operation of our power-sharing Government and our political process going forward. <BR /> <BR />A Phríomh-Leas-Cheann Comhairle, molaim an rún agus na rialacháin don Tionól. I commend the regulations to the Assembly.”
“<BR /> <BR />I assure those Members whose points I have not addressed in the debate — although I think that I have — but in the event that I have left any particular issue out, I will respond in writing and will direct officials to do so. <BR /> <BR />In conclusion, notwithstanding the erroneous and direct criticism of me personally, I will continue to act with integrity to observe the ministerial pledge and code”
“I can assure the Member that, in the same manner that the Executive have worked with other appropriate agencies throughput this period to ensure that we have safer workplaces, that practice will extend to the new workplaces that are reopening and providing services as we move through this phase of recovery. <BR /> <BR />Mr Principal Deputy Speaker, allow me to say this: I, too, have listened to the voices of those who have lost loved ones. No family's grief is any more important than any other family's. I am also deeply concerned that those grieving families are experiencing, right across our community, more hurt over recent days, and I am sorry that that is the case.”
“No, I will not, Mr Allister. <BR /> <BR />I am sorry, I misdescribed Mr Allister as the final Member to speak. The final Member to speak was Mr Gerry Carroll, who stated that the Executive are moving much too quickly. He feels that the easements and the relaxations are coming at a pace. Specifically he disagreed with elements in relation to the amendment (No. 8) regulations. He feels, in his view, that that kind of amendment, and the restrictions being lifted, are principally being influenced by business interests. He expressed his lack of confidence that appropriate inspections will be carried out in a number of the settings that will now be allowed to go back to business as a result of the lifting of restrictions.”
“We share a constituency, and very significant parts of that constituency are rural, in and of themselves. <BR /> <BR />Alan Chambers reminded us that these amendments and the lifting of restrictions are only part of a journey. He spoke about the level of sacrifice that we have all experienced throughout this period and he stressed the vital importance of civic leadership being demonstrated. He also, very poignantly, recalled the personal grief of friends and neighbours close to him and in his area during this period. <BR /> <BR />The final Member to speak was Jim Allister. He chose to make a personal attack on me and to describe the debate as a sham. He repeated his concern about the facilitation of indoor funerals, but I can assure the Member that that particular issue is going to be addressed by the Executive presently.”
“I agree strongly with the Member's remarks on the importance of social and family life and the real dangers of indefinite social distancing and the difficulties that that causes not just for older people but for some of our young people and, most especially, those who live with special needs. I agree strongly that, as we emerge from the pandemic, we must not lose sight of the important issue of mental health and well-being. <BR /> <BR />John Blair stressed the difficulty of a one-size-fits-all approach being taken to how we move forward in relation to recovery. He specifically highlighted that as an issue in relation to rural areas and he pointed to the need to address licensing and planning issues, particularly in a rural context. I fully agree with the Member on that particular matter.”
“On that particular matter, yes, I did, and I will habitually wear a face mask when I am doing the shopping and when I find myself in circumstances where it is difficult to socially distance, such as in shops, shopping centres and so on. <BR /> <BR />Robbie Butler's contribution came next, and he spoke about the pressures, pre-COVID, on our health and social care system. He emphasised, importantly, not only the significance of local shopping but of the ability to do so safely. There is a potential link between the use of face coverings in that context.”
“Yes, I agree with the Member. Our focus needs to be on the region and on ensuring that we minimise the development of the R number and keep a very close focus on all the other indicators that provide our medical and scientific advisers with the data that allows them to provide us with advice. <BR /> <BR />Returning to Pat Sheehan's comments about face coverings, I thank him for highlighting, along with Paula Bradshaw, that it is strongly recommended that the public should, in fact, use face coverings in enclosed spaces where social distancing in particular is not possible for short periods. Those circumstances will extend not only to public transport, shops and other retail environments but to those where we find ourselves visiting family or friends indoors and, indeed, to when we are in healthcare settings.”
“I also agree with him that we must recognise the sacrifices that so many people continue to make in having to work with the adaption or the adjustment to uncomfortable PPE or to the repurposing or reconfiguring of businesses so that their services can continue to be provided. It is very arduous, and I welcome and appreciate with significant gratitude the manner in which those businesses are seeking to adapt.”
“No, Mr Allister, I will not. <BR /> <BR />Paula Bradshaw spoke next and highlighted the difficulties faced by local businesses and the very real prospect of some businesses, even as we move through our recovery, facing overall closure. She raised masking and suggested that wearing masks is likely to become a very important confidence-building measure in the time ahead. She repeated a concern that she raised before about the delay in notifications of how we move through lifting restrictions for the public. <BR /> <BR />Pat Sheehan then spoke, and I agree with him about the importance of the role of grandparents and the value of intergenerational care and family life, which is such a feature and distinct characteristic of our society.”
“He rightly referred to the need for the restrictions and the cost of them to be fully recognised in terms of the economy, the normalisation of social life and the mental and physical health and well-being of our citizens. I welcome the fact that these regulations allow us to make real progress on the path back to normality, and Doug Beattie indicated that he sees the trajectory opening up on that basis. However, he raised and spoke at some length on particular concerns, and there will be more to be said on all those issues, as you said, Mr Principal Deputy Speaker, on another day. I recognise the profound and enduring hurt felt by all those who have experienced a bereavement as a result of the pandemic and of those who have been unable to grieve as they would wish. I acknowledge and deeply regret the hurt that they do and must feel.”
“She addressed the needs of children and also highlighted the importance of churches and places of worship once more being open. She made the point that the relaxations bring welcome relief to the hard-pressed hospitality sector, and that they bring undoubted benefits in mental health terms and in how we can all seek to get back to that form of new normality, specifically through being able to access places of worship, acts of worship, families being able to meet, in however limited terms, and being able to visit holiday homes. She welcomed the positive engagement with church leaders, which I and Minister Lyons have been directly involved in, and the positive leadership that our church leaders have been providing throughout this period. She also delivered a criticism of Sinn Féin Members of the House. <BR /> <BR />Doug Beattie spoke next.”
“I welcome his recognition of the many sacrifices that have been made by so many of our fellow citizens and the key workers who have held the front line against COVID-19, because they have saved lives. <BR /> <BR />Colm Gildernew spoke next, and he set out how the Health Committee approached these amendments. I will ensure that the officials address the omission to which he referred. The publication of the scientific advice is to inform the collective decisions and it needs to be taken forward by the Executive for consideration, alongside all our Committees, which exist to perform democratic scrutiny of all legislation and regulations. <BR /> <BR />Pam Cameron welcomed the easement process to date to assist in getting business back to work.”
“I would like now to turn to some of the points that Members made during the debate. I will try to touch on most of the key issues and focus, in particular, on those aspects relevant to the amendment regulations at the centre of the debate. <BR /> <BR />Colin McGrath spoke first, and he addressed the House initially as the Chair of the Executive Office Committee. He emphasised the need for compliance by everyone. He thanked our society for continued sacrifice, and impressed, in his contribution, the need for common purpose to be shared. I agree with him on the importance of a recovery strategy, and the need for an intensive engagement with civic society on that strategy, because that, and a coordinated approach, is the key to a successful delivery.”
“The joint heads of Government published a road map of relaxations, matched to indicative dates, from now until the end of August. That was discussed at length, in Committee and in the Chamber. The timetable makes it clear what the coming weeks look like, and how we can move back, from August, through the succeeding weeks. We all want to see a return to a more normal way of living, but the reality is that, what we have now, is the development of a new normal. We need to learn to live with the virus, at least for some time to come, because, as other Members have pointed out, in this debate and previous ones, coronavirus or COVID-19 remains in our midst. <BR /> <BR />A Phríomh-Leas-Cheann Comhairle, ba mhaith liom léirmheas a thabhairt ar an díospóireacht anois.”
“As I explained to the House in the past, all the decisions in relation to lifting restrictions have been made with careful consideration and clear reference to three broad criteria: community well-being and public health; developing a pathway to economic and social recovery; and ensuring, at all times, the resilience of our health and social care system.”
“Gabhaim buíochas leis na Comhaltaí sin a chuidigh le díospóireacht an lae inniu, agus cuirimse fáilte roimh a dtuairimí sa díospoireacht. I welcome today's debate and thank Members for their contributions and views. <BR /> <BR />Our five-party power-sharing Government have been committed to working in partnership with all sectors of society, extending through business, faith and community leaders, our sports organisations and others, as we have sought to provide leadership, clarity and decision-making during this challenging time.”
“Iarraim go dian an Bille a chur chun cinn. I beg to introduce the Executive Committee (Functions) Bill, which is a Bill to make provision concerning the decisions which may be made by Ministers without recourse to the Executive Committee. <BR /> <BR />The Bill addresses the implications for the decision-making function of Ministers of the judgements of the High Court and the Court of Appeal in the judicial review of a planning decision by the permanent secretary of the Department for Infrastructure.”
“Míle buíochas leat as ucht an cheist thábhachtach sin a chur. The Member is correct in noting that detail. It is a precise explanation of the state of play. That has been placed as an objective question: the objective answer is, "No, that has not happened".”
“I urge the Irish Government to address the omission of meetings of the North/South Ministerial Council as quickly as possible.”
“The Member's comments are slightly misdirected by drawing out a suggestion of some insinuation. The reality is that we have not had any meetings of the North/South Ministerial Council since the restoration of our institutions in the North. I am sure that the Member understands. I assume that he is familiar with the detail of the Good Friday Agreement and that he has read it. It is a requirement that all strands of the Good Friday Agreement should be operable at the same time. It is a source of great regret that we have not seen the convening of the NSMC. Clearly, if the option had been available to our Administration to convene the next plenary meeting, that would have been dealt with at an earlier stage. The issue is beyond our control.”
“Gabhaim buíochas leis an chomhalta as ucht an cheist thábhachtach sin a chur. You are absolutely right: all the affairs of government, including all institutional strands of the Good Friday Agreement, must be subject to maximum transparency. If that detail is omitted from the online records, I will raise it with officials. I expect that that should be fully provided. I see no reason why all of the information that the Member has inquired about should not be made publicly available online and through other sources.”
“The British Government Minister, Michael Gove, gave a commitment that a date for the second meeting of the Specialised Committee would take place within four weeks. At this point, I do not have that date to share with the Member.”
“Yes. It falls outside the context of this discussion, but I am happy to share information on that issue. The need for the Specialised Committee to meet is urgent. It has been addressed in the context of quadrilateral engagements with the British, Scottish and Welsh Governments, alongside our Administration. There has been one meeting of the Specialised Committee. In recent weeks, I have twice asked for a date to be confirmed for the second meeting of that committee. As the Member knows, it has specific operational responsibility for the implementation of the protocol. No date has yet been set, but, at the meeting of the Joint Committee that took place earlier this month, the vice president of the European Commission asked, specifically, for a date to be set.”
“I can give the Member an assurance that, when the next NSMC plenary meeting convenes — as I said, that needs to be done urgently; there should be no more foot-dragging or prevarication, and the Irish Government should convene that meeting — that will provide an important opportunity and forum for the issues to be discussed in detail and in a strategic sense.”
“Of course, the Member is right, particularly given that we are living through the associated economic and social emergency alongside our health emergency. It is essential that we proceed to reboot, warm up and reactivate our economy in all of its sectors at this point in time. The sector that faces greatest jeopardy at this time, because it is so seasonally sensitive, is our hospitality and tourism industry. Yes, the Executive are fully committed to ensuring that all aspects of our tourist industry in this region are maximised.”
“I provided the names earlier on. Perhaps you did not hear them.”
“I thank the Member for his question and take it at face value as a genuine enquiry. Yes, I agree that we always needs to aspire to international best standards and ensure that they are maintained both in our political life — political governance — and in how we conduct civic and community business. The limitations of the statement are that it is simply restricted to the business that was carried out on that day. The meeting took place. I do not believe that it lasted much more than 12 minutes, and it was for our power-sharing Government to approve the proposals being put forward by the Irish Government for the appointments to be made. Had I had more to say, I would, of course, have shared that wisdom and those thoughts with the Member.”
“The 'New Decade, New Approach' document makes provision for the establishment of the Brexit subcommittee, which has been tasked with the initiation of a full assessment of the impact of Brexit on the various institutions, as I indicated earlier — not just the institutions in and of themselves but, obviously, the sectors for which they are responsible for overseeing. Consideration of that particular issue — the assessment — has now been taken forward in the forward work programme. I am of the view that — I am sure that the Member shares my opinion — North/South Ministerial Council meetings present an opportunity for all Ministers, North and South — going back to Members' earlier questions — to discuss Brexit issues that are going to impact very directly on their respective areas of cooperation on an all-island basis.”
“Nevertheless, it serves as an important benchmark for ensuring that the fightback against COVID-19 is taken forward in an effective and coherent way on an all-island basis, so that we can maximise common working on the sharing of information, modelling and data and that, as we move into the process of universal community testing and contact tracing, we ensure that that can be effectively carried out on an all-island basis.”
“Mar a dúirt mé ní ba luaithe, bhí sé choinne ann ó bhí an phaindéim ag feidhmiú fud fad an oileáin leis na míonna seo anuas. There have been six meetings in a quadrilateral format since the beginning of COVID-19 but, as I said earlier, they have all taken place outside the strand two framework. The memorandum of understanding, as the Member rightly observes, has been signed between both Administrations and it has been of benefit. It has been a useful document; it codified effectively the work of the Chief Medical Officer and the Chief Scientific Adviser respectively across the island and the work that the two Ministers of Health were already involved in.”