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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“I want an Assembly that operates differently from what went before and to usher in a new kind of politics. Public confidence must be earned and trust rebuilt for the Assembly and the Executive in order for them and all of our other political institutions to have sustainable credibility. That also extends towards the equality, mutual respect and all-Ireland approaches enshrined in the Good Friday Agreement, to ensure that they are embraced and that we deliver on the promises of 1998 for a new generation of citizens and young people in our society. <BR /> <BR />We now have a basis on which to move forward in building a fair society and good government. I want to work with ministerial colleagues to cooperate in every way possible to ensure that we rebuild public trust and confidence in, and engagement with, the Assembly and its Executive.”
“I thank the Member for the question. I will respond in Irish and then translate for him. Táimid réidh leis an díspeagadh agus leis an dímheas. We expect a new standard from all Members in the Assembly in how we conduct our business and articulate our politics and our vision for going forward. <BR /> <BR />The 'New Decade, New Approach' document removed the obstacles to power-sharing and began a new set of relationships at political, community and civic levels. We must succeed, Members; failure cannot and must not be an option. We will all be accountable for the stewardship of public funds. We must all, equally, discharge our duties in good faith. We must all, each and every single one of us, serve all of the people equally. <BR /> <BR />If people cannot live up to these newly defined norms, they should not be in this place.”
“Tháinig Sinn Féin isteach sa Choiste Feidhmiúcháin arís a fhad is go mbeidh sé ag feidhmiú ar bhonn comhionannais, ionracais agus measa. Sinn Féin has re-entered the Executive on the basis of equality, integrity and respect. The arrogance that was displayed by the DUP previously will not be tolerated now, either towards Sinn Féin representatives in this institution or outside it, or against those whom we represent.”
“It involved totally unacceptable and unethical behaviour, with the Government collapsing over the head of it. Agus is mar gheall air sin a cuireadh cúrsaí airgeadais s'againne faoi bhrú. It led to the complete erosion of public trust and confidence in politics and in the political institutions. Agus ní ceart go mbeadh a leithéid ann arís — a choíche. Never again must that be allowed to happen. No one ever believed that it would take three years to get functioning government, the Assembly and the other institutions of the Good Friday Agreement back together again. Ach bígí cinnte de seo. Sinn Féin and the other political parties in the Executive are now there under new terms and conditions. Let us be very clear about that.”
“I welcome the opportunity to speak on the renewable heat incentive scheme and the subsequent public inquiry. I want to place on record my and my party's thanks to the chairman of the inquiry panel, Patrick Coghlin, and his team for fulfilling the terms of reference that were set for them. <BR /> <BR />The scheme's purpose was to provide a financial incentive for businesses to move away from non-renewable sources of energy. It was to assist in ensuring compliance with the obligations that were imposed by European Union law. However, it was an utter failure. Tubaiste a bhí ann. The fact that no cost controls were put in place and warnings were ignored led to the biggest financial and political scandal that the Assembly has ever faced. I can attest to that as result of my own participation in the Public Accounts Committee in autumn 2016.”
“Thig liom a rá go bhfuil mé breá toilteanach glacadh le hoifig an Aire, agus dearbhaím téarmaí an ghealltanais oifige, mar atá siad leagtha amach sa sceideal do Acht NI 1998. <BR /> <BR />I confirm that I am willing to take up the office of Minister in the Office of the First Minister and deputy First Minister, and I affirm the terms of the Pledge of Office, as set out in schedule 4 to the Northern Ireland Act 1998.”
“— the human rights framework of our justice system.”
“In conclusion, the motion has been badly framed. It undermines the core assumptions underpinning bail law. If its corollary is followed, its effect would be to hollow out —”
“Let the court decide the terms of bail with judicial impartiality and not through direct political interference. <BR /> <BR />The police, who have responsibility for the monitoring and governance of bail conditions, have been rightly criticised in relation to the case mentioned in the motion today. The difficulty with police monitoring of bail conditions extends way beyond this case and relates to their failure in their duty of care to monitor defendants on bail, ranging from alleged death drivers to those charged with murder. That is a real source of anger in working-class communities that suffer the worst antisocial behaviour.”
“Thanks for that unhelpful intervention from the Member on the other side of the House. <BR /> <BR />The point I was making was that the logic of the UUP position is that bail should not have been granted to the British army veteran charged in connection with the fatal shooting of John Pat Cunningham in Benburb in 1974. That is the difficulty when we begin to take an arbitrary or piecemeal approach to these issues. <BR /> <BR />There are, of course, conditions and circumstances in which bail can and should be denied, but the court must be satisfied that there were and are reasonable grounds for continued detention before a denial of bail can be justified. There are potential grounds for the denial of bail, such as a danger that the defendant might fail to attend for trial, interfere with evidence or interfere with witnesses, and so on.”
“Thanks for the intervention. The key, Robbie, is that we build the peace and we build the peace together and collectively by restoring public confidence in these institutions, working together to ensure that we entrench democratic reform on the journey of change that we are all on and ensuring that every citizen in this society enjoys justice before the law and that the rights of all citizens are protected under the law and with due regard to human rights. <BR /> <BR />The logic of the UUP position, if considered, and I go back to what Doug said in his opening remarks in relation to the —”
“<BR /> <BR />The difficulty is that many prisoners have experienced inordinate and unacceptable delays while on remand in custody awaiting trial. This has been highlighted by numerous judicial figures and civil liberties organisations here in Ireland and abroad in recent years. It has created the perception of a form of legalised internment by remand or — under another description — by some form of administrative detention. The difficulty with that perception is that it directly and explicitly undermines the profile of our justice system in the North. <BR /> <BR />It is rather ironic that the motion has been tabled by the UUP, the very party that introduced internment without trial in 1971.”
“I want to set out briefly the context or basis of bail law. What must be paramount in all our minds and in the House is that for all citizens there is a presumption of innocence until proven guilty. Bail law in this place is governed by article 5 of the European Convention on Human Rights, which protects the right of liberty and security of the person. No one should be deprived of their liberty in an arbitrary fashion, and a blanket ban throws up that connotation. Every individual application for bail should be judged on its own merits and should not be subject to any type of blanket ban. A prisoner on remand should be tried within a reasonable period and every prisoner on remand has a qualified right to release pending a trial.”
“I have only started. Unfortunately, the motion from the UUP pushes back on that work. We are not opposed to a review of bail policy, but we are opposed on human rights grounds to the proposed blanket ban that emerges from the motion for anyone charged with scheduled offences or the offence of murder.”
“Beidh Sinn Féin ag caint in éadán an rúin seo inniu. Sinn Féin opposes the motion. It is now just shy of seven years since we had the transfer of policing and justice powers to the North. That is an ongoing work in progress to ensure that our justice system is democratically reformed, is made transparent, acts in the interests of all sections of society and, most importantly, is predicated on a human rights framework. Unfortunately —”
“I wanted to ask the Minister about the discontinuation of the punitive and militaristic training of PSNI recruits at Garnerville, but she has adequately answered the question already.”
“Aire, an dtiocfadh leat cur síos? Cá mhéad uaireanta a mbíonn do thiománaí aireachta ag obair de ghnáth gach seachtain? How many hours would your ministerial driver typically work each week?”
“Go raibh maith agat as an fhreagra sin, a LeasChéad Aire. Minister, do you agree that the reconciliation and healing agenda must be placed at the heart of government and public policy, both in this region and in the context of the all-island institutions?”
“That is what the families deserve, and that is what we, collectively, should deliver.”
“As I have said, time is not on the side of victims' families. Movement on legacy inquests is urgently required.”
“We should unite in bringing pressure to bear on the British Government to release the funds and meet their obligations. Yes, that will test the commitment of the state and its agencies to dealing with the past, but that is not what the motion is about; it is about information recovery and justice. It is about speaking truth to power. As the families have told me, legacy inquests should be treated as a free-standing issue. <BR /> <BR />This is about restoring confidence in the justice system here in the North. In conclusion, I quote directly some of the words of Lord Chief Justice Declan Morgan:”
“In case the naysayers at the other end of the Chamber did not know, the reality is that the blame game is a dead-end street. We all know that we do not agree on the past. We have rehearsed our multiple narratives — you have your narratives also — many times before. However, we owe it to the families being denied legacy inquests to show that there is the potential for a resolution of the issues that can transcend political differences. As more time passes, family members are beginning to die. Important witness evidence is being lost. Another generation is being denied closure, and that, Members, is not a laughing matter. <BR /> <BR />The Lord Chief Justice's proposals are a road map to the solution. Failure to agree is to fail the families once again.”
“<BR /> <BR />Members, in today's debate, we should avoid the temptation to indulge in point-scoring, political recrimination and "whataboutery"”
“The effective blocking of the Lord Chief Justice's proposals by the Government is wrong — quite simply, wrong. It constitutes malign political interference in developing a resourced and article 2-compliant coronial system here. That is why more than 30 families from nationalist and unionist backgrounds are now taking legal action against the British Government's refusal to meet their human rights obligations. It is offensive to human and democratic rights that those families have to go to court to secure access to legacy inquests. I can think of no other democratic society where that would have to happen. That shocking reality ought to concentrate the collective mind of the Assembly today. We should show cross-party political leadership on the issue.”
“Experts like Nils Muižnieks, the Council of Europe Commissioner for Human Rights, and Pablo de Greiff, the UN Special Rapporteur on human rights, have advised on the principles that should underpin article 2-compliant legacy inquests here. Importantly, the Lord Chief Justice has also engaged with victims' families. His approach has helped to restore a level of confidence in our justice system here in the North. To paraphrase Sammy Douglas yesterday, the Lord Chief Justice's proposals actually help to restore and not defer hope. He has found a solution to the crisis facing our coronial system and the lack of available legacy inquests. <BR /> <BR />The motion seeks cross-party endorsement of the Lord Chief Justice's plan and for the British Government to comply with their article 2 obligations.”
“I charge that, after 45 years, it is well past time for the British Government to ensure that the coronial system here is capable of satisfying its article 2 obligations. <BR /> <BR />As the Lord Chief Justice reminded us in September, the pressing need to make progress was recognised by the Committee of Ministers of the Council of Europe. Its last report said that it was essential for the British Government to take all necessary measures to ensure that the legacy system here was properly resourced and staffed to enable investigations to be completed. Now, the Lord Chief Justice has engaged extensively on his proposals.”
“Not at the moment. I have a lot to say, but, if I have time, I will. I will talk to you later. <BR /> <BR />The British Government are using the DUP refusal to discuss the proposal at the Executive as a bogus excuse for doing so. The stance adopted by the British Government is an absolute disgrace because, regardless of the political disagreements in the Chamber and the Assembly or the disagreements in the Executive, the British Government have an international obligation to ensure timely and effective investigations into legacy issues that are compliant with article 2 of the European Convention. That is not an optional extra.”
“He believes that, with PSNI and MoD cooperation and the release of the necessary funding, that could be completed in five years The Lord Chief Justice has requested £25 million in immediate funding, which he suggested could come from the £150 million politically committed by the British Government in 2014 to address dealing with the past. The British Government, however, are now blocking this approach by refusing to release those funds.”
“<BR /> <BR />I hope today that a similar consensus can emerge from this debate in support of the Lord Chief Justice's plan to deal with the backlog of legacy inquests and in calling on the British Government to recognise their obligations and release the required funding. Victims currently have no option other than to pursue the truth individually through the courts. The only article 2-compliant mechanism that exists in the North and is available to them is the legacy inquest, and there are now 56 legacy cases relating to 97 deaths, representing citizens from nationalist and unionist backgrounds, including groups such as the Ballymurphy massacre families and the Kelly's bar families. <BR /> <BR />Last February, the Lord Chief Justice proposed to fast-track these cases, which date back 45 years to 1971.”
“Not at the moment. <BR /> <BR />Over one year since that October 2015 debate and the Fresh Start Agreement, victims' families are still being failed, and for no good reason. Sinn Féin submitted proposals on how to address and end the impasse, and the British Government should answer publicly now why they reject that template. National security is a smokescreen. There is no arguable way in which the disclosure of information about the actions of state forces or agents 20, 30 or 40 years ago could in any way undermine British national security in the present day's geopolitical context.”
“That is the reason for the current impasse on legacy issues, and, unfortunately, it is directly attributable to the negative influence of the Ministry of Defence and the security services over this British Government's policy. The effect of all of that has been to compound families' disappointment and anger. The impact of the veto and the associated impasse affects all sections of our community, nationalist and unionist.”
“<BR /> <BR />Later, in November 2015, the Fresh Start Agreement approved a framework to deal with the past, including addressing the issue of legacy inquests. The Fresh Start Agreement created the potential for victims to effectively pursue truth recovery and justice for their relatives. Importantly, it opened the door of hope for victims' families. However, during those negotiations, the British Government withdrew the political commitment that they made the previous year, 2014, to ensure that there would be maximum information disclosure to families. They insisted on having a national security veto, and they refused to draft the appropriate enabling legislation.”
“Members, yesterday we had a very temperate debate and agreed a motion on addressing the past. I hope that we can achieve a similar consensus on the motion this afternoon. It has been drafted to try to achieve that objective. Unfortunately, the amendments tabled distract from achieving the desired and required consensus. <BR /> <BR />In October 2015, the Assembly debated a Sinn Féin motion that called for our coronial court system to be resourced to function in a timely and effective way and to address outstanding legacy inquests. There was agreement during that debate that victims' families deserved the support of our local political institutions in having access to the necessary coronial mechanisms, with properly resourced legacy inquests key to that. In the previous 10 years, only 13 legacy inquests had been heard.”
“Míle buíochas duit, a Aire, as ucht na bhfreagraí go dtí seo. Minister, what other primary-care infrastructure projects do you have in place at this point?”
“A Aire, ar an ábhar cheannann chéanna agus a thóg Edwin Poots, an dtiocfadh leat cur síos ar na smachtbhannaí a chuirtear i bhfeidhm ar na comhluchtaí nach n-íocann fo-chonraitheoirí s’acu in am? Minister, building on Edwin Poots's question, can you explain to us what sanctions are in place for firms that fail to pay their subcontractors in good time?”
“Tréaslaim leat, a Aire, as an scéal dearfach seo. Scéal iontach atá ann. Thank you, Minister. This is good news: well done. I thank you for your consideration and the manner in which you have brought the news to the Assembly. Will you confirm that the terms of reference that are set for the chief executive of the Courts Service will be premised on access to justice and problem-solving justice and will have due regard for ensuring that the most marginalised in our society will have access to the courts estate? Will you undertake to share the proposed approach with the Justice Committee when you are in a position to do so?”
“That is the change agenda required in Maghaberry and what the Department of Justice must be accountable for delivering and demonstrating under the leadership of the Justice Minister. Molaim an leasú.”
“The prison environment should be kept free from outside political interference, including that of the NIO, which is currently using Maghaberry prison to wrongfully detain Tony Taylor on an extrajudicial basis. <BR /> <BR />Members, we need to be de-escalating and resolving contentious issues and practices in Maghaberry, not compounding problems. The UUP motion offers no properly thought-out approach to how that can be done. Our focus, as an Assembly, should be on making Maghaberry a stable, stress-free and safe environment for all staff, all prisoners and all those who visit the prison. Commitment to continuing, comprehensive prison reform based on principles of human dignity, decency and respect must be paramount. That is what the Assembly should work to achieve. That is what the Assembly should be debating today.”
“Prisoners report that parity of esteem does not exist for the Irish cultural identity, particularly with respect to the Irish language and language learning resources. That was confirmed in the July 2016 report by Criminal Justice Inspection (CJI). Ba chóir go mbeadh meas ag an dá thraidisiún ar a chéile san áit seo, sa stát seo, agus sna príosúin go háirithe. <BR /> <BR />Controlled movement and strip-searching in Roe House also remains a serious problem. Such practices dehumanise prisoners and prison staff. The template agreed in August 2010 between prisoners and prison staff should be revisited, because it contains the basis for resolution of those issues, which create avoidable and unnecessary stress and conflict in the prison context.”
“However, there are other issues with conditions in Maghaberry that should give us all serious cause for concern. <BR /> <BR />Prisoners on integrated wings report habitual 23-hours-a-day lock-up, with only one hour for recreation or association. They are obliged to eat three daily meals in the cell space also occupied by their toilet. The routine prison diet has little or no nutritional value. Young prisoners in Maghaberry have reported to me that a lunch typically consists of a small bread sandwich containing a Spam filling with no butter and a small bag of crisps. While education facilities have improved — I commend the commitment of outside educationalists — prisoners who wish to attend classes have told me about difficulties in doing so.”
“The internal prison inquiry was deficient, and questions remain to be answered. There was a complete breakdown between the prison and the health services, and an absence of proper medical supervision contributed to the death of Patrick Kelly. As a result of the ombudsman's investigations into those cases, greater attention has been drawn to significant mental health concerns in Maghaberry prison. The Department of Justice, the Public Prosecution Service, the Assembly and society as a whole must look at sentencing and committal arrangements for people who are mentally ill and should not be sent to jail. Maghaberry prison should not be used as society's default option. Prison officers cannot be expected to manage complex cases when the proper skills and facilities do not exist in the Prison Service.”
“Not at the moment. <BR /> <BR />In recent weeks, shocking and unacceptable failures in the prison have been brought to public attention. I am glad to say that much of it has been extensively scrutinised by the Justice Committee. It has also been discussed here on the Floor. The case of Sean Lynch was an unacceptable travesty. The treatment shown to him was inhumane. It was absolutely wrong.”
“<BR /> <BR />Let me be very clear on this point: no prison officer should be subjected to threats or intimidation or be harmed in any way at work or away from work. Prison officers are public servants from whom we expect the highest professional standards and accountability for prisoners' welfare and safety. They, in turn, deserve to be treated with respect and dignity and to know that they can depend on our support. However, transparency, consistency and adherence to best practice and human rights — I emphasise human rights — must also be at the heart of how Maghaberry prison is run. In recent weeks, shocking and —”
“Not at the moment. <BR /> <BR />— of the Fresh Start Agreement and specifically the planned independent review as proposed by the panel on the disbandment of paramilitary groups. But then, of course, the UUP opposed the Fresh Start Agreement. <BR /> <BR />The change champions in our Prison Service need to be politically supported by the Department of Justice and the Assembly. Sinn Féin will work constructively with the Minister, other parties and all agencies committed to positive change in Maghaberry and all our other penal institutions. For Maghaberry, that requires that management and operational systems are reformed. The security mindset that continues to dominate needs to be replaced by a rehabilitative culture.”
“That means listening to the Prisoner Ombudsman; working closely with the Probation Board, NIACRO and the Children's Law Centre; learning from and being guided by penal reform experts; and engaging with other authoritative agencies. Importantly, the process of prison reform should be set in the context —”
“One lesson learned is to ensure that prisons no longer contribute to more or future political or communal instability. There have been significant changes to prison life in the North, including in Maghaberry prison. Placing responsibility for prisons under the control of the local Executive since 2008 has played an important role in promoting penal reform here. However, while prison reform is ongoing, it is neither completed nor comprehensive. That applies especially to Maghaberry prison. Comprehensive prison reform should be at the heart of the political and policy framework for the Department of Justice and the Assembly. Today's UUP motion completely misses the context and the necessary reform agenda. A prison reform based on approaches that make maximum use of all the available resources is necessary to progress that agenda.”
“Maghaberry prison is, indeed, unique in these islands. However, what should take primacy for us, as legislators and political leaders, is to ensure that all prison staff, all prisoners, their families and visitors to the prison are treated with dignity and respect. The penal system is one of democratic society's responses to the social context that produces offenders. Prison is not simply about the punishment of offenders; it is also about rehabilitation and reorientation to assist their transition back into society. Prison is a societal punishment but not at the cost of dehumanising prisoners or prison staff or degrading their rights. That must be the guiding vision and purpose of how prisons, including Maghaberry, should be run. <BR /> <BR />The history of prisons in this state is one of well-documented conflict.”
“Minister, how much has your Department charged utility companies for unsatisfactory reinstatement of paths and roadways?”
“Go raibh maith agat agus mo bhuíochas leis an Aire as an ráiteas chuimsitheach seo. Thank you, Minister. Last year, the UN Economic and Social Council noted that domestic violence is pervasive in Ireland, North and South. In the absence of consolidated legislation in both jurisdictions and given the similarity of domestic violence patterns, North and South — in fact, it is estimated that up to 70,000 women in the Twenty-six Counties are the subject of domestic violence, and you are very familiar with our patterns of crime here in the North — will you give us an update on any discussions that you have had with the Minister of Justice and Tánaiste in the Twenty-six Counties in relation to addressing the gaps in legislation, North and South?”
“Thank you, Minister, for your answers so far. Will you give us an update on the Investing in the Teaching Workforce scheme, please?”