Keith Buchanan
Mid Ulster · Democratic Unionist Party · Northern Ireland
“Minister, we watched a gentleman having his head nearly removed on the street. That is a problem, whether you think so or not. I referred to it as being like something that I witnessed in the slaughterhouse in my previous job. We have to address it. I am not radical; I am just a normal MLA who talks to normal people in the street.”
“It is always a privilege to celebrate sporting success in mid-Ulster. Today, we congratulate Nigel Davidson, a proud Cookstown businessman, on his outstanding achievement at the Hyrox world championships in Stockholm. To see him compete and succeed on the world stage is an achievement that makes all of us in Cookstown incredibly proud.”
“Minister, I was contacted on Friday by a lady whose brother was in Muckamore — a lady who did not tell her story. Now the report has come out and sparked a degree of need for her to speak. I use the word "need", but that is maybe not the best word. What can that lady do now?”
“I thank the Minister for that answer. We are starting to see the impact of investment into local communities through funds from the Ulster-Scots Agency and the Arts Council. In the past, Sinn Féin has been critical about your priorities, complaining recently that consistent funding for Ulster Scots and bands was for "vanity projects".”
“Last Friday, I had the privilege of walking alongside the Veterans Commissioner for Northern Ireland, his dedicated team and veterans as they completed a six-day journey: the Somme 110 walk. The final day coincided with the 82nd anniversary of D-Day.”
“<BR /> <BR />The Battle of the Somme is not just a story from the past but one that lives on in families, regiments and the hearts of those who continue to serve. It stands as a stark reminder of the sacrifice, suffering and bravery of those who fell and fought. Those men faced unimaginable conditions so that others might know freedom.”
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“Ministers have made it clear that a ban on fracking may present legal obstacles and, in particular, the potential for challenge in the courts by those whose applications for licences are pending or are rescinded as a result of any Bill. That, no doubt, will be explored if the Bill reaches Committee Stage. <BR /> <BR />As with all Bills and laws that come forward, it is important that there is a fuller explanation of the practical and legal ramifications of a Bill's clause 1. I am content, at present, with the objectives of the Bill. I will wait to see whether it will pass this stage, and then we can carry out relevant work in the Committee. As my colleague said to the Bill sponsor, fracking will have to be defined. In my previous life, I drilled for water and made boreholes etc.”
“Any change to petroleum licensing in Northern Ireland would need to be decided by the entire Executive. I recognise the concerns about carbon emissions, global warming and the environmental impacts of petroleum extraction. Those concerns have been raised to me and, no doubt, to others in the Chamber. There needs to be further public consultation, but it is clear that fracking would not lend itself to the vision that has been put forward, and, due to public opposition, it has been banned, or more or less banned, in the Republic of Ireland, England, Scotland and Wales, because of environmental and public health impacts. <BR /> <BR />Independent research was carried out in England and Wales, and it is vital that such research is completed in this part of the United Kingdom.”
“The draft energy strategy, 'The Path to Net Zero Energy', includes the following goals:”
“I will keep my remarks brief because the Bill is short. That is no reflection on the Bill sponsor. We all need to consider a clean, green recovery and clean energy. The status quo of importing and consuming fossil fuels at current levels is unsustainable. I have heard Members complaining about fossil fuels tonight and in many debates, but I would be interested to know what is in their tank or fireplace. You have to put your money where your mouth is. I currently use a fossil fuel. Of course, I will look at that when other options become affordable. It is important for everybody to lead by example. <BR /> <BR />The Economy Minister has brought forward an energy strategy that contains a range of ambitious targets and policies to support the transition to safe, affordable and clean energy solutions.”
“I thank the Minister for her good answer. You called for the Prime Minister to go: did you ask for the deputy First Minister to go?”
“I appreciate the valuable and vital work that Land and Property Services carried out in administrating grants to our business sector, but should the Department not have taken the impact of the pandemic and the loss of income due to restrictions into consideration earlier? Should the Department not have consulted stakeholders on the Bill earlier? <BR /> <BR />The Bill will undoubtedly have an impact on our businesses. The House was right not to support accelerated passage and to have further scrutiny by the Committee.”
“Under normal processes, businesses appeal their net annual value for a range of issues but, under the Bill, businesses will not be able to use coronavirus as a factor in the loss of their business or income. <BR /> <BR />Reval2023 will have an impact, especially on our small business community. It is important that feedback is considered and that businesses provide information for the revaluation. Unfortunately, despite knowing the problems that that could present to our businesses and being aware of economic activity since early 2020, the Department did not act on the issue until relatively recently.”
“Restrictions have made it difficult for many businesses, especially for the hospitality sector. Businesses that are beside others that have been forced to shut have also suffered. During the pandemic, people tended to shop and do their daily business where everything could be bought in the immediate vicinity, rather than to travel. That was due to restrictions or to one's choice. <BR /> <BR />As the economy reopens, many businesses are re-evaluating their market position. Many still struggle and will continue to struggle, especially as there is no right to appeal their net annual value on the basis of coronavirus and the effect of the pandemic. Therefore, their NAV will not change on that basis. Did this business or any business enjoy their physical enjoyment of their property?”
“Thank you for the opportunity to add my comments about the Bill. We have previously discussed the Bill, and it has been through Committee. <BR /> <BR />As was noted, the Non-domestic Rates Valuations Bill is necessary for securing income from business rates for district councils and the Executive. It is not a popular Bill, especially not in our business community. Businesses have struggled for two years and still struggle with the impact of current fuel prices and the continued impact of the Northern Ireland protocol, which some in the House fail to recognise. <BR /> <BR />Support for businesses included two years of rate relief. The grant schemes that were made available were essential for many of our businesses. They were a lifeline that enabled those businesses to survive and to continue trading.”
“I thank the Minister for her answer. Minister, we heard from Minister Poots earlier, who referenced Lough Neagh and Lough Neagh Rescue in his statement. Is the Minister aware that the Lough Neagh rescue boat cannot go down the River Blackwater because there is only approximately 450 mm of water, which is a foot and a half, in old money? Does that concern you? Are you content to press on to solve that problem?”
“I thank the Minister for his statement. Minister, there is a bizarre issue where the River Blackwater meets Lough Neagh. Lough Neagh Rescue does an amazing job, but, as you well know, a boat needs water to operate. The difficulty is that there is only 450 mm of water where the River Blackwater meets Lough Neagh, so Lough Neagh Rescue cannot get up the Blackwater. I have been working with DFI on this. What pressure can your Department put on DFI to solve the problem whereby pleasure crafts and, more importantly, the rescue boats that you support cannot get up the Blackwater from Lough Neagh? If anybody is in difficulty or trouble, those crafts cannot get to them, never mind the number of vehicles — boats, I should say — that run aground every year. Time after time, they go out to solve a problem that should not be there.”
“As with all Bills, we should remember that, when making good law, it is imperative to have a full consultation and scrutiny needs to take place. Obviously, the end of the mandate is approaching, and I welcome the introduction of the Bill and its general intention. I would also welcome the Bill's move to Committee with a suitable amount of time — I emphasise the word "suitable" — to discuss all of it and go through it, because it is complex and there are pros and cons. I thank the Bill sponsor for introducing the Bill.”
“There also needs to be more clarity on the difference between an employee and a worker and between contracted services and a contract of employment.”
“<BR /> <BR />I am concerned that the consultation did not engage with all the relevant and necessary bodies, especially small businesses, the hospitality sector and microbusinesses. A balance is obviously required between the views of employers and employees. Many industries use zero-hours contracts as the nature of their business is seasonal. The hospitality industry is one of those industries and better consultation is needed with that sector and others. We cannot be selective in who we take evidence from, and we must consult widely before proceeding. <BR /> <BR />As with most Members in the Chamber, I agree that exclusivity clauses should not continue and that employees should have the opportunity to work for other employers.”
“Will it reduce their opportunities to find employment that suits their needs? <BR /> <BR />Flexible working and zero-hours contracts suit many employees and employers as they allow flexible start and finish times. When considering the Bill, we must also note that the disadvantages of zero-hours contracts to employees include unpredictable hours and income, that regularly turning down hours can lead to no hours being offered and that there is no guarantee of full-time positions should they become available. There are other issues. That is only some of them. However, many employers — like our colleague over here from Lagan Valley, no doubt — use the practice of zero-hours contracts correctly, do not take advantage of them to provide lower wages and do not use exclusivity clauses.”
“As legislators, we must always ensure that any regulatory changes have been fully considered and that any impact assessments have taken place. As I stated when we debated the Further Consideration Stage of the Parental Bereavement (Leave and Pay) Bill, if we are to change our employment law framework, we need to take all the concerns on board and learn from all the experiences, not just some of them. <BR /> <BR />I will give the Bill sponsor some bullet points. They are not negative comments but points that we can discuss. They are open questions that we can no doubt discuss at the Committee if the Bill gets to Committee Stage. We need to consider exactly whom the Bill may or may not protect. Will it have an impact on the labour market? How will it impact on those who need flexibility in their working hours?”
“Nobody disagrees that Health needs additional money to address the issues. Nobody disagrees with that. As the Finance Minister, are you content that the Department of Health is in a position to manage money effectively? Bearing in mind the amount of money that is spent on locum doctors and agency staff year-on-year and that, by the end of 2025, 52% of our Budget will go to the Department of Health, are you content that that Department is managing money effectively?”
“My comments will be brief. The Public Service Pensions and Judicial Offices Bill, which is currently making its passage through Westminster, is aimed at implementing a deferred choice underpin in pension schemes. The Treasury tabled amendments to the Public Service Pensions and Judicial Offices Bill on 6 January 2022. If we support the LCM before us, members of the schemes in Northern Ireland should not be disadvantaged and we mitigate the risk of future litigation should the NI changes be delayed or differ in cost or design. <BR /> <BR />The legislative consent motion will address the close timescales that are now required to implement the remedy solution by April 2022 and ensure that the changes for devolved schemes are implemented to the same timescales as similarly constituted schemes in Great Britain. I am content to support the LCM.”
“We must always remember that there is a risk to the Northern Ireland Executive Budget, although the indication from the Department of Finance is that there is a low risk. I accept that it is a low risk, but it is still a risk and is worth mentioning. <BR /> <BR />I welcome the work that the Minister has done to address the House's concerns, and the amendments that have been provided by him and Dr Archibald. I thank you both for that. I also thank the Minister's officials for coming to the Committee and trying to explain some very technical points. I think that there were some bewildered faces at times — not only mine — but we got there eventually. In addition, I thank the Bill Clerks for the work that they did. <BR /> <BR />I support the Bill and the amendments, as discussed.”
“<BR /> <BR />I welcome the amendments from the Minister for the Economy to extend parental bereavement leave entitlement in the event of miscarriage beyond only the expectant mother, so that it can include fathers, husbands and partners, and so that it is a day-1 right. Sadly, many parents carry the burden of miscarriage alone. It is felt not only by the mother; it also affects the father of the child. Each miscarriage causes pain and grief and can have a devastating effect on both parents. I urge employers to always consider what is best for their employees, depending on their specific circumstances. Some employers have their own policy on parental leave, for which I commend them. <BR /> <BR />We had discussions in Committee, and, I think, in the House prior to that, about breaking parity.”
“I support the Bill, which was introduced by Mrs Dodds, the then Minister for the Economy, on 1 June 2021; the amendments that have been tabled by the Minister; and amendment Nos 19 and 21, which have been tabled by Dr Archibald. The Bill's emphasis is on ensuring that working parents who experience stillbirth or child death are afforded the same employment rights as parents in GB. The Department for the Economy hopes that the Bill can be completed by April 2022, during this mandate. <BR /> <BR />In June 2020, the Department for the Economy opened a consultation, which ran from 15 June to 10 August and received 36 responses from a variety of stakeholders. Significant work and scrutiny was also carried out in Committee.”
“Some £55 million has been allocated for the energy payment support scheme. Has the Minister for Communities put in a bid to support working families who also are suffering a great deal of hardship, considering the price of fuel, oil and gas etc? Subsequent to that, how are your conversations going with the Treasury regarding the VAT reduction in energy bills?”
“I thank the Minister for his response. Obviously, the financial input is very welcome in my constituency, which is mostly rural. Most of the parties were represented at an Ulster Farmers' Union (UFU) event several weeks ago, and, to be fair, took time to go to that and explain to farmers. However, many farmers lack confidence and are concerned. On the one hand, you are giving financial support to buy equipment, which is good and is needed, but they have a sense that they do not know where we are going. The private Member's Climate Change Bill is affecting their business and their mental health, and they do not know where their business is going. What would you say to those farmers?”
“You may have tragedies in your life, and, when they happen or have happened, ask yourselves whether the actions that you were part of, in which eight innocent men were murdered, played a part in your misfortune. To all those who were involved: think deep and hard about the actions you were involved in, from when you open your eyes each morning until you close them each night. Think deep and hard about your actions.”
“<BR /> <BR />Innocent victims, survivors and their families must not be forgotten. There are those who now sit in public office who may or may not know what happened on this day 30 years ago. I appeal to those people and others in the community to give any information that they have, and which could bring the perpetrators to justice, to the PSNI. Seven of the men were killed outright and the eighth victim died four days later from his injuries. They were Gary Bleeks, Cecil Caldwell, Robert Dunseith, Oswald Gilchrist, David Harkness, Bobby Irons, Richard McConnell and Nigel McKee. <BR /> <BR />To those who sat on the hill overlooking the scene, those who planted the bomb, those who planned it, those who watched the workers leave Omagh or those who supported any of those actions, I say that you, too, have families and friends.”
“Today, 17 January, marks the thirtieth anniversary of the Teebane massacre, where eight Protestant workers were murdered and maimed when the IRA blew up their minibus at Teebane crossroads on the road between Omagh and Cookstown on Friday 17 January 1992. Their firm, Karl Construction, had been specifically targeted because it carried out work for the security forces. They were honest men doing an honest day's work. Each year, with the exception of last year due to COVID restrictions, the families have gathered to hold a simple service of remembrance. Many in the community that I represent still bear the hurt and carry the pain of that day, and many feel that justice will not be done until those who perpetrated and facilitated those murders are brought to justice. There cannot be a hierarchy of victims.”
“Minister, on the theme of western transport, you were very welcome last week in Cookstown at the launch of the preferred route for the A29 bypass. I presume that your officials are still in the phase of engagement and providing solutions. I have some concerns about Killymoon Castle, a castle built in the 1600s that has no pedestrian access. I appreciate that this is an early stage, but it is good to put concerns on the record. We talk about walking and about blue-green matters: it is important that a place such as that, where people go walking, have access.”
“I thank the Minister for his answer. Minister, any suspected cancer is very traumatic for the individual or the family, and I appreciate your answer about waiting times. Are you content that, when a patient is red-flagged by a GP, they will be seen in a timely manner, irrespective of whether that is for breast cancer or any cancer?”
“I thank the Minister for meeting the Chairperson of the Committee for Finance and me this morning. I, too, welcome the additional support for businesses through the additional three-month rates holiday, as well as the one-month rates holiday for other businesses. <BR /> <BR />We are talking about the antecedent date for the revaluation being 1 October 2021. Does that allow for a broad enough snapshot in time in order to get a true reflection of the difficulties that businesses are experiencing, bearing in mind that, by picking 1 October, we are picking a period in time. Can we do anything to create a wider snapshot to assist businesses that shows the true difficulties that they are experiencing?”
“which is roughly £19·8 billion or £10,500 per person going out and roughly £15,900 coming back in. We have only 2·8% of the population here, however. With the block grant from the Treasury and the recent support during the pandemic, is there not a benefit from being part of world's fifth-largest economy?”
“I thank the Minister for his response. <BR /> <BR />Minister, the report states:”
“It is important that non-departmental public bodies and arm's-length bodies are accountable for the money that they spend, and we must ensure that NDPBs are accountable to the relevant Minister.”
“Any income expenditure in budgets that was not previously covered by the Estimates will need to be brought within their coverage. The Budget and Estimates documents need to be aligned clearly and accurately. The system needs to be simplified and transparent, and all systems need to be aligned and coordinated. We are handling and scrutinising public money, and we need to ensure that robust measures are in place to allow us to account for the money spent. <BR /> <BR />When we examine the financial accounts, budgets and Estimates, we are scrutinising value for money, and, in general, we must ensure that Ministers and their Departments are held to account for the way in which their budgets are spent.”
“I support the Bill and the amendments. The aim of the Bill is to allow the Department of Finance to issue directions on the way in which Departments prepare Supply Estimates. As an Assembly and as a Committee, we must have expenditure that is understandable and proper. We must ensure that the seven principles of public life, or Nolan principles, are applied. That means that all Departments and Committees should be:”
“<BR /> <BR />I thank the Chair of the Committee, the officials from the Department and any organisation that gave evidence to the Committee.”
“I will not read out the quote from Her Majesty's Treasury on funding — the Committee Chair did that — but we cannot ignore it. Those costs have been estimated to be £100 million a year in the event of the United Kingdom Government insisting on receiving those costs. I therefore urge that full consideration be given, along with the necessary and required consultation, prior to any decision being taken to include miscarriage in the Bill. <BR /> <BR />Again, I stress that, although miscarriage is an emotive issue that affects the mother and father, we must ensure that the inclusion of miscarriage in any parental bereavement Bill has been fully consulted on and will not have further implications for other employment rights and laws. It is important to make good law properly; not swiftly or without due consideration and consultation.”
“Although we remember that we are talking about the loss of a child — a precious life — and the very real grief of parents, we must also ask whether the proposed amendments to the Bill have been fully considered and consulted on. Have all aspects of the Bill and proposed amendments been considered, along with their wider implications for employment law? <BR /> <BR />It is estimated that the cost of the change would be £1·5 million. That does not include further consideration, should we deviate from the Parental Bereavement (Leave and Pay) Act 2018. There are potential repercussions for the Northern Ireland block grant and, in turn, the Executive's Budget, should NI make a legislative change that GB is then required to make when it is not GB policy to do so.”
“This year, as mentioned by the Committee Chair, Lidl Northern Ireland introduced a new policy to give employees three days of paid compassionate leave following an early pregnancy loss or miscarriage, along with access to a support system that includes 24-hour access to its dedicated employee-assistance programme for mental health. <BR /> <BR />If we are to change our employment law framework, either though this Bill or by way of a separate miscarriage Bill, without GB doing likewise, funding for the running costs would fall to the Northern Ireland Executive. In addition, there would be significant system set-up costs payable to HMRC.”
“There is no doubt or question that employers should support their employees in the same way that they would support them after any other death. We must also note that the GB Parental Bereavement (Leave and Pay) Act did not include provision for paid leave after miscarriage, and, therefore, there was no specific consideration of that referenced during the consultation exercise. <BR /> <BR />It should also be noted that in the Republic of Ireland, despite previous attempts to legislate in that regard, there is still no statutory entitlement to parental bereavement leave and pay; it remains largely at the discretion of the employer. Some employers have their own policy on parental leave.”
“I looked at the figure this morning, and the number of babies born each year is approximately 24,000 or 25,000, so that puts in context the number of miscarriages compared with the number of children who are born. <BR /> <BR />Many parents carry the burden of miscarriage alone. If it was an early miscarriage, they may not have told their family about the pregnancy and, therefore, have no support network. That is the sad reality of many miscarriages. That loss can have a devastating effect on parents, and employers should always consider what is best for their employees, depending on their specific circumstances. <BR /> <BR />Mental health conditions such as anxiety and depression are common for anyone who experiences a death in the family, regardless of the age of the loved one who has passed on.”
“<BR /> <BR />Sadly, miscarriage is a loss that many couples experience. It is not a loss that is felt only by the mother, as it also impacts on and affects the father of the child. Many couples suffer that loss on a number of occasions. Each miscarriage causes pain and grief for both parents. The 2019 Northern Ireland Statistics and Research Agency (NISRA) figures for births — the Member who spoke previously referred to this — and the fact that the NHS estimates that one in eight pregnancies ends through miscarriage mean that there were approximately 3,200 miscarriages in Northern Ireland in 2019. Miscarriage support groups estimate that one in four pregnancies ends through miscarriage. That would increase the number of miscarriages to 7,500, so the figure is anywhere between 3,200 and 7,500.”
“With that uppermost in our mind, the Bill's emphasis is on ensuring that working parents who experience stillbirth or child death are afforded the same employment rights as their counterparts in GB. In June 2020, the Department for the Economy opened a consultation to notify the Northern Ireland public of its intention to introduce for working parents in Northern Ireland similar parental bereavement leave and pay provisions to those that are provided under the GB Act. The consultation ran from 15 June 2020 until 10 August 2020 and received 36 responses from a variety of stakeholders. If further consultation were required, it would delay the Bill further, and it might not then be completed during this mandate. There would need to be an appropriate level of Assembly scrutiny of the regulations to ensure that they are fit for purpose.”
“I support the Bill. I fully support miscarriage being included in the Parental Bereavement (Leave and Pay) Bill, but its inclusion by means of amendment without full consultation would have implications for other employment law. The Minister for the Economy introduced the Bill on 1 June 2021. Although many of the amendments seem reasonable and compassionate, they require full consultation. We must ensure that they do not breach any parity principle with our counterparts in the rest of the United Kingdom. <BR /> <BR />The Bill's aim is to ensure that Northern Ireland parental bereavement leave and pay will replicate the provisions in Great Britain and that employees in Northern Ireland are afforded the same employment rights as their counterparts in GB. The Department for the Economy hopes that the Bill can be introduced by April 2022.”
“I thank the Minister for her response. Minister, some weeks ago, I commented in the House about a parade by Saoradh, an organisation linked to the death of Lyra McKee, from the grounds of Bellaghy GAA club, as stated in the 11/1 notice; that is a factual comment. Is it right that the facilities of an organisation funded by your Department should be used for such events? Is there a difference between racism, which you have just rightly condemned, and organisations supporting those types of events?”
“They are purely to seek clarification and, no doubt, that will be teased out at the Committee Stage. I thank the Bill's sponsor for bringing it forward.”
“Members will be aware that a wide range of employment law issues continue to be of interest to the Assembly. A number of employment law Bills have been proposed in this mandate. If each of those is taken forward as a single issue on a piecemeal basis, there is a risk that there will not be sufficient opportunity to fully assess the potential implications of each piece of legislation on the others and on the wider employment rights framework. It will be necessary to ensure that any legislation drafted is operable and is fully assessed to ensure that there are no unintended consequences. <BR /> <BR />To be fair, I am not taking away from the points that I or others have made. We are content for the Bill to go to Committee Stage. To clarify my position, my previous points are not negative comments.”
“Ultimately, that could, in a worst-case scenario, result in further trauma. It should also be recognised that some employees may be reluctant to discuss such issues with their employer.”
“The Bill, as it stands, does not provide substantive detail on implementation of the measures. The details of the Bill's outworkings would fall to the Department for the Economy, and, as a consequence, significant public consultation would be required for the associated regulations. <BR /> <BR />A situation may arise in which the legislation, as drafted, may not provide for or permit regulations to be made in accordance with the findings of any future consultations. Further clarification will also be required on how the sensitive matter of seeking supporting information from victims and survivors of domestic abuse will be addressed. Without careful examination, the handling or, indeed, mishandling of such matters — the previous Member who spoke touched on that — runs the risk of undermining the employee/employer relationship.”
“Will it only be direct victims — we touched on that the other day in the Committee — as classified by the Domestic Abuse and Civil Proceedings (Northern Ireland) Act 2021, or will it include those who, for example, live in a household in which there is abuse and who are affected, directly or indirectly, by it? We need to tease that out and get clarity on it. How far does that go? You can be a victim of domestic abuse without being a direct victim. I am sure that Members understand where I am coming from on that point. We need to consider that further when the Bill progresses. <BR /> <BR />It should be noted that, while similar legislation is in place in other jurisdictions, there is no UK law that provides an entitlement to paid time off for those suffering domestic violence or abuse.”
“Will the Bill affect wider employment law? Will it have any effects? What will the evidence requirements be? I appreciate references made by the Bill sponsor and by my colleague to that issue. Other countries have implemented this; what do they use? How does an employee have the conversation, which is not easy, with their employer, bearing in mind that the Department will have to report on how the law is being implemented? It is a difficult issue to get clarification on, but we need to drill into it and get information on best practice. <BR /> <BR />Who will be classified as a victim in the Bill?”