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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“While a Government has not yet been formed in the Twenty-six Counties, that process is still under way. Nevertheless, there is a caretaker Government in place, and it is the responsibility of the caretaker Government to fulfil their requirements under the terms of the Good Friday Agreement strand two framework.”
“I thank the Member for his question. Again, it overlaps with other Members' contributions. We have not had any sittings of the North/South Ministerial Council since we restored power-sharing here in the North. That extends to the non-operation of stand three. We have not seen a BIC meeting and we haven't seen the convening of the BIIC. If we are, in fact, to ensure that our power-sharing Administration and strand one under the Good Friday Agreement are to be fully and properly supported, then we need to see full activation of strands two and three. <BR /> <BR />A lot of issues have had an impact on political, civic and community life, not least COVID-19 over the last few months, but none of them should get in the way of the effective implementation of the Good Friday Agreement.”
“OK, a LeasCheann Comhairle. As I was trying to finish saying, the requirement is on the Irish Government to identify a date, provide an agenda and process that to the joint heads of government in order for them to agree with the agenda items to be addressed in that plenary meeting and, in turn, confirm a date. It is my hope that that process will be carried out as expeditiously as possible.”
“There has not been a plenary meeting. There have been no other meetings under the auspices of the NSMC, and that situation needs to be addressed urgently. That can be done only by the Irish Government, however. As I have twice repeated, the onus is on the Irish Government to convene the next plenary meeting. It is up to the Irish Government to propose a date and bring forward a clár — an agenda — and for them then to ensure that that is passed on to the joint heads of government in order that —”
“Yes, of course, a LeasCheann Comhairle. That is very helpful advice from you.”
“Again, that question overlaps with two previous questions. The fact is that there has not been a plenary meeting of —.”
“I am sure that the necessary preparation will be undertaken to ensure that our interests are adequately addressed so that we come through this very challenging period, in which there are huge challenges for our tourism and hospitality industry, and enter a recovery that maintains and grows the resilience of the industry in the North.”
“I thank the Member for his question. He will be aware that the joint First Ministers will notify the Executive of any future NSMC meetings, including the agenda. A report will be made to the Assembly by the appropriate Minister after each such meeting. <BR /> <BR />The cross-community requirement in the legislation requires that appointed Ministers attending sectoral meetings of the NSMC be accompanied. That will ensure that, on the next occasion on which tourism matters relating to our affairs in this region are being addressed under the framework of the NSMC, we will have attendance and have two Ministers involved in the process: the lead Minister and an accompanying Minister.”
“The responsibility for convening the next meeting of the NSMC rests with the Irish Government, Frankly, we should dispense with the foot-dragging and the prevarication. An Taoiseach should move urgently to ensure that that plenary meeting takes place. <BR /> <BR />The Member is absolutely right. It has been too long a passage of time. I add, for the Member's information, that six meetings have taken place in a quadrilateral format since the beginning of COVID-19, to address matters pertaining to that. I emphasise that all those meetings, with the exception of the institutional meeting that I attended, took place outside strand two of the institutional framework.”
“I thank the Member for his question, which overlaps with the earlier question from Pat Sheehan. I apologise, Members, that this statement was not brought to the House at an earlier stage. There have not been plenary or sectoral meetings of the NSMC in the period that you stipulated. The only meeting that has occurred under the auspices of NSMC has been the institutional meeting, on which I have provided a report. <BR /> <BR />It is simply not acceptable. We need to see all the bodies under all the institutional frameworks of the Good Friday Agreement in full operation. We have re-established our power-sharing institutions in the North. It is time that the NSMC became fully operational.”
“The appointments made on 11 March were Irish Government appointments. A number of vacancies are extant in relation to the full complement of the implementation bodies. There are currently 10 Executive vacancies on the boards of the North/South implementation bodies, and it will be up to the Executive to nominate the individuals to fill those allocated vacancies. Those appointments will be formally made at a subsequent NSMC. That cannot happen until the next plenary meeting, which is the responsibility of the Irish Government to convene. <BR /> <BR />Unfortunately, I do not know the remuneration for members, chairs or vice-chairs of boards, but I will ensure that that information is shared with you.”
“In my opinion, we need to see all strands, under the terms of the Good Friday Agreement, within their institutional framework, back to work and as urgently as possible. Frankly, Government formation in the South of Ireland and the onset of COVID-19, which we have all been living through, do not constitute valid reasons for not convening a plenary sitting of the NSMC. That should be done urgently, and the Taoiseach, either a caretaker or the incoming Taoiseach, should move immediately and urgently to remedy that failure.”
“The requirement for seeking meetings of the NSMC in plenary format rests with the Irish Government. The Irish Government are responsible for convening the next plenary meeting of the NSMC. That has not been done. It is a huge disappointment that we have not, since the restoration of our power-sharing Government in the North, seen a plenary sitting of the North/South Ministerial Council, the British-Irish Council or the British-Irish Intergovernmental Conference.”
“Yes, I do, and I see it being applicable in the context of the necessary convening of meetings of the British-Irish Council (BIC), and it would be of assistance in the convening and full operation of the British-Irish Intergovernmental Conference (BIIC).”
“While the British Government's withdrawal from the EU and their practical application of the withdrawal agreement will have implications under strand two, these are not solely issues that will be addressed under the auspices of the NSMC. However, as identified in the agreed protocol, it is envisaged that the NSMC and North/South implementation bodies will play a role. One instance of that will be the negotiation and operation of Peace Plus, for example. In second terms, the 'New Decade, New Approach' document also commits the Brexit subcommittee to initiate an assessment of the impact of Brexit on the institutions on a North/South and on an east-west basis.”
“I thank the Chair of the TEO Committee for that contribution. For your information, the appointments made were Florence Bayliss and Adrienne McGuinness, who were appointed as board members to InterTrade Ireland, Joan O'Shaughnessy, who was appointed as chairperson, and Nóirín Hegarty, who was appointed as a member of the board of Tourism Ireland. All members of the implementation bodies should be available online, and I will speak with officials after this morning's meeting to clarify whether that is, indeed, the case. <BR /> <BR />On the broader issues that the Member raised, clearly, in the context of Brexit this has implications for the work of the NSMC.”
“The Council agreed that appointments will be made at future meetings of the NSMC to fill the remaining vacancies on those boards and the boards of other North/South ministerial and other North/South implementation bodies.”
“In compliance with section 52C, paragraph 2, of the NI Act 1998, I want to make the following statement on the 11th North/South Ministerial Council institutional meeting that was held at the NSMC joint secretariat offices in Armagh on 11 March this year. The Irish Government was represented by Helen McEntee TD, Minister of State for European Affairs. The Executive was represented by junior Minister Gordon Lyons and me. Minister McEntee chaired the meeting. Minister Lyons has agreed that I will make this report on his behalf. <BR /> <BR />The Council approved the appointment of board members to the trade and business development body InterTradeIreland and directors to Tourism Ireland Ltd to fill a limited number of urgent and critical vacancies that were affecting the governance of both boards.”
“Fanaigí ar shiúl óna chéile; nigí bhur lámha. Molaim an rún agus na rialacháin don Tionól. I commend the regulations to the Assembly.”
“Yes, there are sometimes contradictions, and there have been criticisms of the approach taken. Some feel that we are not moving quickly enough; others have argued and will argue that we should do things differently. I believe that ministerial colleagues in our five-party power-sharing Government are doing their best to provide steady and cohesive leadership. The Assembly also needs to continue to speak with a single, united voice. At the same time, we must all continue to do our part as politicians, lawmakers and leaders in the community to remind our citizens of the need to stay safe as they venture out more and more. Tá muid go fóill sa darna baol. Caithfear an fód a sheasamh. We must lead by example, so keep your distance, limit your contact with other people and wash your hands well and often.”
“<BR /> <BR />In conclusion, I say to Members that there will be further, similar debates in the weeks and months ahead. We hope that the scientific and expert medical advice will allow for more amendment regulations to be made. I assure Members that further relaxations across key areas will come into effect on that continuing and rolling basis, but we cannot afford to adopt a reckless approach. The pathway out of lockdown and towards recovery will not be straightforward.”
“Many hundreds of our fellow citizens, our friends and our family members have died across this region and throughout the island. As a direct result, thousands of people have suffered the pain of the loss of a loved one, and our thoughts and sympathies are with all those who have lost family and friends. <BR /> <BR />We all want to see a return to the normal ways of living, but that will only be possible for as long as we are winning the battle against COVID-19. We cannot afford to be complacent. COVID-19 is still very much in our midst. It is an invisible and ever-present threat to our health and well-being. We will have to learn how to live with this virus for some considerable time to come, and, unfortunately, that means that we will also need to keep managing the way we go about our daily business and how we live our lives.”
“<BR /> <BR />Tá ag éirí leis an chur chuige seo. The regulations have worked and continue to work. They have saved lives and prevented our health system from becoming overwhelmed. I have previously said here that, as we continue our pathway to recovery from coronavirus, it is right that we recognise the positive role played by all our citizens. <BR /> <BR />Is mar gheall ar an chomhairle agus an treoir a leanúint go bhfuil ráta an infhabhtaithe ag laghdú agus saolta a sábháil de réir a chéile. By following the advice and guidance, the actions of the Executive and the behaviour of citizens have helped to reduce the infection rate and save countless lives. However, we should always recognise that, for many people, this has been an extremely difficult time.”
“We have been clear all along: the Executive will not be rushed into making decisions as a result of artificial deadlines or simply to match actions in other jurisdictions. Since the regulations that we are debating today were made, we have agreed to an extensive range of additional relaxations, and that list includes a range of activities such as outdoor weddings, caring for animals, outdoor sports, the reopening of retail shops and other outlets as well as activities associated with moving house. We have also taken steps to allow the hospitality sector to prepare for the reopening of a range of hotel and other accommodation facilities, and the Executive have commenced an incremental and rolling process of easing restrictions, based on scientific advice and, crucially, on the basis of managing and minimising risk.”
“That will include the latest medical and scientific advice and the estimated level and pathway of transmission. That includes the impact that any relaxations might have on the future trajectory of the pandemic. <BR /> <BR />The second is the capacity of health and social care services to deal with coronavirus cases whilst also returning to the delivery of normal services as soon as possible. The third is the assessment of the wider health, societal and economic impacts of the regulations. That includes the identification of areas where we can achieve the greatest benefit and ensure that the lowest risk will result from any individual relaxation. <BR /> <BR />A LeasCheann Comhairle, bhíomar soiléir i gcónaí.”
“<BR /> <BR />Regulation 6, which deals with restrictions on gatherings, is amended to allow attendance at an outdoor film, a live music concert, or a theatre performance. <BR /> <BR />The amendments may appear modest. However, they mark a small, but important, step on the Executive's pathway to recovery. They have allowed, in a very limited and modest way, families a way to enjoy some much-needed entertainment safely. The purpose of the amendments, and the associated relaxation of restrictions, is designed to create a progressive, cumulative effect. <BR /> <BR />The Executive continue to keep the regulations under review using the three essential criteria that we published last month. The first is reliance upon evidence and analysis relating to the pandemic.”
“<BR /> <BR />The motion is that the Health Protection (Coronavirus, Restrictions) (Amendment No. 4) Regulations (NI) 2020 be approved. These short amendment regulations give effect to a particular set of changes. Regulation 3, which deals with the closure of premises and businesses, is amended to allow arts and entertainment venues to provide outdoor, drive-in, and live entertainment events. In practice, occupants of vehicles must be from the same household and remain in their vehicle for the duration of the event. <BR /> <BR />Regulation 5, which deals with the restrictions on movement, is amended to include attendance at an outdoor film, a live music concert, or a theatre performance as a reasonable excuse for a person to leave their home.”
“Regulation 2(3) requires that any restrictions or requirements must be terminated as soon as the Department of Health deems that necessary. Those are powerful legislative provisions. <BR /> <BR />Since the 28 March, when the regulations were first introduced, they have provided the basis for several reviews conducted by the Executive. The Executive's members take the regular reviews of the regulations very seriously and very systematically. We have shown that we will not hesitate to move decisively when the medical and scientific evidence and advice indicates that it is the right time to do so. <BR /> <BR />The process of review and consideration is continuous and detailed. The health emergency, I can assure Members, has been kept under continuous review, even between the regular statutory review points of 21 days.”
“The content of the original regulations is, of course, something with which we are all now very familiar. <BR /> <BR />There are three main aspects to the regulations. First, they impose restrictions on businesses. Secondly, there are restrictions on gatherings of people, apart from certain exceptional circumstances. Thirdly, there are restrictions on movement. There are also provisions for enforcement and penalties, ranging from a fixed penalty notice to fines of up to £5,000 on summary conviction. <BR /> <BR />The regulations have built-in protections to ensure that there are frequent, robust reviews of the measures. Regulation 2(2) requires that the restrictions and requirements be reviewed at least once every 21 days.”
“Is é seo an ceathrú huair a tháinig mé féin agus an tAire Lyons anseo le ceadú an Tionóil a iarraidh do na rialacháin seo. This is the fourth time that junior Minister Lyons and I have come before the Assembly to seek its approval for the regulations. As in each of the previous occasions, we have not sought to do so willingly. We would much prefer not to have done so, except for the continuing health emergency. <BR /> <BR />A LeasCheann Comhairle agus a Chomhaltaí, the Assembly considered and approved the original regulations that were made in March using emergency provisions in the primary legislation. The original regulations, and the subsequent amendments to them, have been brought into operation in the knowledge that scrutiny by the Assembly would follow later.”
“We need them to protect the health service and to protect us all. Molaim na rialacháin agus na leasuithe seo don Tionól. I commend the regulations to the Assembly.”
“Before I finish, I once again pay tribute to all our health and social care workers on the front line, but I also want, in this debate, to extend that solidarity to our firefighters, to our police officers, to our delivery people, to our shop workers, to our farmers, to our waste disposal workers, to our community activists and volunteers and to so many, many others who have led us in the fightback against COVID-19, including those who are on low pay and zero-hours contacts and who endure precarious work whilst providing essential services for our community. To all of them, I say: thank you. Molaim sibh go léir. Míle buíochas daoibh as ucht bhur n-íobairtí. Thank you for everything that you have done, and thank you for everything that you will continue to do in the forthcoming period. We need these regulations.”
“I understand very, very well that some in our society are frustrated at the pace of progress towards the easing of all our restrictions, but I appeal to them for their continued patience. We have a way to go before COVID-19 has been beaten, so we need your ongoing partnership to continue saving lives.”
“I am trying to draw the debate to an end. <BR /> <BR />There will be further, similar debates in the coming weeks and months on how we continue to amend our regulations and lift restrictions, but that will be possible only for as long as we continue to win the battle against COVID-19. Tá ag éirí linn de réir a chéile, ach caithfear an fód a sheasamh. We will not see a full return to all of the normal ways of living in the short term. We will have to learn to live with the virus for an extended period. That means that we will also need to carefully manage the way in which we go about our daily business and save lives.”
“<BR /> <BR />Gerry Carroll concluded the debate. He expressed his support for the lifting of the regulations. He is not opposed to the ongoing process, but I noted his concern in relation to the prospects faced by workers who are on furlough. That is a pressing concern for the Executive, because, as we move through this period, we will hit a point when the furlough arrangements conclude and will have to look carefully at what happens to those workers in that circumstance.”
“Let me finish, please, Mr Allister. R factor changes were also highlighted by the Member. The R factor is an incredibly volatile measurement that changes from day to day, but the most recent information that I have received indicated that it was in or around 0·9, which, as Members will know, is moving dangerously towards an R number of 1. When we hit that point or see an escalation of that figure or statistic, we see increased pressure being placed on our hospital and ICU capacity. I say this to the Member: it is important that we remain measured, calm and anchored in relation to our reflections and considerations on all the issues. They are challenging for us all. I agree with him: we do not get it right all of the time, but, equally, we must avoid running with the hares and hunting with the hounds.”
“That is not a matter for the regulations; it is a matter for those who operate the golf courses. He also made suggestions in relation to hotels, other holiday accommodation and caravans. He was focused in those remarks. Again, those are not matters for the regulations under debate, but they are being considered with respect to the next likely series of amending regulations. <BR /> <BR />Drive-in church services are permitted only on premises belonging to the place of worship. That restriction remains in place and is required to ensure that there is appropriate control by the person, clergyperson or local church that is responsible for the act of worship that is taking place.”
“As each restriction is lifted, we will continue to engage with all the relevant stakeholders in business, the employers, the trade union movement and those with responsibility for health and safety in the workplace to put in place effective guidance. <BR /> <BR />The second-last contributor to the debate was Jim Allister, who pointed out that, in his view, the regulations were a failure because they were defective in relation to maintaining social distancing. He voiced his view of anomalies concerning the conduct of weddings and expressed a view that outdoor services in turn created an inequity. I will return to his point on drive-in services shortly. <BR /> <BR />When talking about inequities, the Member raised the issue of access to private golf courses for non-members.”
“Importantly — it was a useful point to finish on to set the standard for all of us — she pointed out that it is important at all stages for respect and kindness as we move through such a challenging time. <BR /> <BR />Clare Bailey rightly emphasised the need for clarity and guidance on best practice for businesses. Her point was well made. I, too, pay tribute to the excellent work that has been done by the business community, the trade union movement and health and safety colleagues in doing their best to provide us with optimal best practice guidance in the here and now and as we move through the lifting of further restrictions. I agree with the Member that there is more to be done.”
“It is not a matter for the regulations, but I would counsel that those who are shielding need to remain in contact with their general practitioner and need to continue to take the advice that was offered to them in their original shielding letters by their doctors and those responsible for their care. She asked how we could increase social contact and, in turn, ensure that there were no further outbreaks or increased community transmission. She repeated the need for a plan to reopen health and social care services and asked where that was. I advise the Member that the framework to address the point that she and other Members have raised is in hand with Department of Health officials.”
“The key criterion in play here is not the length of the journey; it is, in fact, the conduct and behaviour of those who are travelling. I say to the Member, to echo his point about keeping our guard, that social distancing remains absolutely key at this point in time. <BR /> <BR />Paula Bradshaw expressed her party's concerns about the potential infringements of civil liberties as a result of our regulations. She observed that there was a need to provide continued clarity to those who were shielding. The advice remains the same to those who are shielding.”
“He said that that needed to be linked to robust public health strategies, pointing out that the easing of restrictions on an ongoing basis, which he welcomed, must be central and integral to an overall and effective wider strategy. <BR /> <BR />Alan Chambers expressed a personal preference for travel restrictions to be imposed and asked who would police those restrictions. He helpfully reaffirmed that the preannounced possibility of lifting restrictions depended on the R number and was emphatic that we needed to keep our guard up. He also raised a concern about travel to garden centres and other locations and asked whether we felt that a limit on travel would be appropriate. It is the Executive's view that a limit might cause as many problems as it would solve.”
“I fully agree with that and, indeed, would go further: when we eventually leave lockdown, we will face a legacy of mental illness and mental care issues and, arguably — the Member and I have worked on the issue — domestic abuse challenges arising as a result of incrementally moving back into the new normal. That is something that we must all be vigilant about. <BR /> <BR />Pat Sheehan expressed alarm at a growing perception that the danger had, in fact, passed. That is a telling and valid observation, particularly as it chimes with the remarks of other Members about not just the perception but the reality that society is increasingly becoming relaxed. He commented on the need for much more coherent messaging in order to lock in the type of compliance that we still need.”
“As a member of Sinn Féin, he repeated the call for access for and engagement with our migrant population and stressed the need for much more robust testing and tracing. Notably, he highlighted the importance of ensuring that there was good recording of all details at points of entry to the island, North and South, for all visitors. He emphasised his view that there was a need for greater all-island coordination on how all these matters are dealt with. <BR /> <BR />Pam Cameron spoke next, expressing her dismay at the gatherings at our beauty spots and the dangers that that poses of community transmission. She appealed for ongoing compliance in wider society. She pointed out the urgency of reopening our wider health and social care services and made particular reference to her concerns about mental health services and access to them.”
“However, I take the Member's point about giving notice and time to prepare, and we will endeavour to give as much notice as possible in relation to other changes. <BR /> <BR />Colm Gildernew spoke next as Chair of the Health Committee. He reported concerns expressed in Committee about the matrix that is being used to measure the spread of the virus. He spoke of the need to engage with those in our society who have language or communication difficulties, particularly those in our migrant population. That was a view expressed in the Committee, and, as a representative of Sinn Féin, he repeated that point. He made the point that the Committee had recorded ongoing and incremental breakdown in compliance.”
“I will add to the Member's point, because some of the fly-tipping that we see is not incidental or related to a lack of access to recycling centres; in some instances, fly-tipping takes place as a result of criminal enterprise. That needs to be stamped out, and those responsible need to be brought before our courts. He asked if we could liaise with councils regarding recycling, which is a point that I take on board. Last weekend, I could not access my local recycling centre, so I travelled five miles to access one in a more urbanised area. There are valid points being raised, and the circumstances change from council to council. On the call for a timeline, I understand the call that he made for increased certainty. The Executive's position remains that the approach must reflect the evidence, not arbitrary and artificial timescales.”
“Ba mhaith liom léirmheas a dhéanamh anois ar an díospóireacht. I turn to some of the points that Members made during the debate. I will try to touch on most of the key issues but will focus on the issues raised that are specific and relevant to the amendment regulations at the centre of the debate. <BR /> <BR />Our debate began with a contribution from Colin McGrath as Chair of the TEO Committee. He highlighted the cost of the regulations to us all. He pointed out that the relaxations depended on social distancing being maintained and appealed for ongoing compliance. He then, as a representative of the SDLP, expressed concern at the democratic deficit that we are living with in the management of our regulations. He welcomed the lifting of the recent restrictions and noted and expanded on the issue of fly-tipping.”
“It will facilitate more relaxations in the days and weeks ahead, as we ease our way forward on the pathway to recovery, but we need to do so slowly and cautiously.”
“<BR /> <BR />While the statutory requirement is for a review of the measures at least every 21 days, the Executive are committed to reviewing them on a constant basis, and that has been the case. We will not hesitate to make changes when the scientific and expert medical advice allows for that to happen. The 'Executive Approach to Decision-Making' document is our blueprint for the review process. It is an incremental framework for assessing progress contained in the document, and it will aid decision-making in key areas.”
“We need to stay at home as much as possible, to limit our contact with other people, to keep our distance, if we do in fact go out, and stay two metres apart. We need to wash our hands well and to maintain that form of essential hygiene. We should work from home if we can. Crucially, do not leave home if you or anyone in your household has symptoms. Those measures are still critical in our efforts to save lives, and we need to keep repeating them as a reminder of their importance to us all. However, I assure you of this: we will never become complacent about the restrictions and requirements imposed by these regulations. They must not be allowed to become normalised.”