Sinéad Ennis
South Down · Sinn Féin · Northern Ireland
“The revelation over recent days that members of the DUP, including the Assembly Speaker, Edwin Poots, had knowledge of the exploitation of a young woman by the now convicted paedophile Jeffrey Donaldson raises serious questions for the DUP.”
“The bottom line here is that a dangerous paedophile went unchallenged and, worse still and despite clear, known red flags, was elected leader of the DUP.”
“We only have to look at Belfast Harbour's master plan, which sets out the possible significant economic impact that that can have. That includes enabling a quarter of all island-wide seaborne trade, which, in turn, creates £8·8 billion in gross value added and equates to 15·7% of the North's total annual output.”
“Instead, the focus must be on whether the agencies that have responsibility, including the environmental regulators and enforcement bodies such as the NIEA and the Department of Agriculture, Environment and Rural Affairs, are doing enough and whether they have sufficient powers to tackle such issues effectively.”
“The primary objective of the shaking up of driver licensing here in the North is to improve road safety by ensuring that young people are better equipped for driving on our roads. However, at present, many young people pass their tests and are completely priced out of driving because of the insurance rip-off that we are seeing.”
“That reality sees them borrowing from the Department, which is already in a very constrained capital budget position, as the Minister outlined. The provisions in the Bill will ensure that the accountability and oversight mechanisms provided by commissioners on the boards of ports or harbours will continue.”
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“<BR /> <BR />I will touch on amendment No 20, which relates to abuse of positions of trust offences. Although I share the Minister's concern and have articulated the view in Committee that an annual review may not be necessary and may be too frequent, it represents a fair way forward, given that the Committee has not tabled amendments to broaden the abuse of positions of trust legislation. It is my understanding that new article 29A(4) already gives the Department the "add or remove" mechanism and allows it to expand the provisions further to cover those other sectors, should evidence show the need to do so. The Committee's amendment No 20 is linked to article 29A(4).”
“Whether it is the act of sending an image anonymously to a stranger's phone when they are on public transport or of sending sexual pictures to people online, that predatory and disgusting behaviour must be tackled. The new cyber-flashing offence will be inserted into the main sexual offences framework, and that reflects the seriousness of the offence and of our response to it. It will also allow many of those who commit that offence to be captured in the sex offender notification and risk management requirements. If a person commits the cyber-flashing offence with the motivation of sexual gratification, they can be put on the sex offenders register. That sends out a strong message that such behaviour cannot and will not be tolerated, and I am pleased to support that message today.”
“That means that a person can be convicted of an offence of upskirting or downblousing if they were "reckless as to whether" the victim was "humiliated, alarmed or distressed". That represents a fair compromise and a proportionate and balanced way forward that avoids over-criminalising whilst addressing the Committee's concerns, and Sinn Féin is happy to support it. <BR /> <BR />Sinn Féin will also support amendment Nos 12 and 13, which introduce a new offence of cyber-flashing that outlaws the sending of unsolicited or unwanted sexual images. With more and more sophisticated technology being available to people, cyber-flashing is a sexual offence that is on the rise, and more people are falling victim to that behaviour.”
“Upskirting and downblousing offences were a priority concern for the Justice Committee and for Sinn Féin. We were concerned, however, that the clause as drafted had some gaps that needed to be fixed. After hearing evidence from experts in the area, we had concerns that a person charged with the new upskirting or downblousing offences might have an unintended defence in that their actions were a joke or, somehow, banter. The Committee wanted to ensure that such a defence would not be available, regardless of how likely it might be to be accepted. <BR /> <BR />Amendment Nos 1 to 11 introduce a new, standalone component of recklessness to clause 1 that would exist alongside the offence as it stands.”
“I will not speak at any great length, because the Chair has summed things up quite well. I will add to his comments about our visit to the PSNI cybercrime centre. It was a harrowing experience. Hearing what officers have to go through daily has left a mark on me, as a mother. We thanked those officers on the day, but it is important to reiterate our thanks here and place them on record. What we saw at the centre confirms the need to make sure that there is maximum protection from sexual exploitation, particularly for children. <BR /> <BR />I will speak to the group 1 amendments. The amendments to the upskirting and downblousing provisions in clause 1 are important, as they strengthen the legislation by including a condition of recklessness.”
“I thank the Minister for giving way. Like the Minister, I am slightly bemused by the arguments that Peter Weir put against the proposal. Does the Minister agree that the advantages far outweigh the disadvantages for live links and virtual sessions, not least because they free up more police officers to return to front-line duties instead of waiting around in courthouses all day for the first hearings of cases?”
“We support extending the provisions that allow a coroner to conduct an inquest into a death from natural illness in prison for a short period of time, given the ongoing requirements arising from the pandemic and for the purposes of the recovery of the justice system.”
“An extension of some of those provisions is therefore necessary. <BR /> <BR />The extension of the provisions that allow for live links to be used in courts and tribunals is vital to the recovery of the justice system. It has probably progressed the pace of a change that was needed anyway. There is clearly a role for live links as we try to speed up justice and address significant delays in the justice system. <BR /> <BR />Sinn Féin supports the Department's approach of temporarily extending the provisions whilst working on primary legislation for their later permanent introduction.”
“I welcome the opportunity to add some comments to those of the Minister and the Chair of the Committee on the extension of the provisions related to the courts, tribunals and inquests. The Coronavirus Act 2020 provided a number of temporary emergency provisions in response to the public health crisis that was emerging in early 2020. The Act introduced a number of provisions to enable the justice system to continue to operate, while providing access to justice and maintaining a COVID-compliant system of operation. <BR /> <BR />As we know, the Act included a sunset clause, meaning that the provisions would expire by 31 March 2022. Whilst the provisions in the Act were temporary, and whilst the pandemic has changed dramatically since March 2020, it is clear that some measures are still necessary.”
“I thank the Minister for her statement. I know that the Minister mentioned it in her statement, but will she go into a bit more detail on the discussions that she had with her counterpart, Minister Helen McEntee, on hate crime legislation? I ask that because there is significant overlap, given that the two Departments, North and South, are working on much-needed new legislation to tackle hate crime and hate speech.”
“Minister, the Finance Minister has confirmed that £300 million on top of the amounts published in the draft Budget would be made available to Departments next year if the Executive were functioning. Will the Minister confirm whether she would bid for additional funding for the PSNI in the event that the DUP resumed its Executive responsibilities?”
“The Assembly has put a huge focus on tackling domestic and sexual violence over the last number of years. However, legislation is as effective only as its implementation, and, if we want the new anti-stalking legislation to be effective, it will require training in order to ensure that the right attitudes towards stalking prevail and to improve investigations and secure prosecutions. <BR /> <BR />Although more can be done to give women and girls the agency and protection that we deserve, the Assembly has passed good legislation and taken big and sometimes groundbreaking steps to tackle the scourge of violence against women and girls. Building and enhancing on that good work will be a priority for Sinn Féin in the new mandate.”
“Whilst victims of stalking are not always women and girls — anyone can be a victim or a perpetrator, regardless of their gender — stalking is overwhelmingly gender-based and is often carried out by men against women. <BR /> <BR />Violence against women and girls begins as everyday sexism, misogyny, catcalling, on-street harassment, and, over time, it embeds a deep, dangerous and toxic culture that so often manifests itself in serious physical and psychological violence. Stalking is one of those manifestations. That makes the Bill so important not just on its own but in the context of the wider work of the Assembly and Executive. <BR /> <BR />Violence against women and girls is an epidemic in our society. Many women and girls are fearful and angry and demand an end to this scourge.”
“I, too, am delighted that we are at the stage where we will see the Protection from Stalking Bill pass its Final Stage. It is not before time that we will see protection given in law to the victims of stalking and stalking behaviour. As the Chair of the Committee and the Minister said, credit must be given to the victims of this crime who bravely shared their experiences with the Committee and helped us to shape the necessary protections that are in the Bill. <BR /> <BR />As has been said before, stalking is a deeply insidious, invasive form of criminal abuse with shocking side effects and consequences for victims. The Bill is a major step forward for victims of that crime.”
“I urge Members to support the Committee's and the Minister's amendments, and I again urge Members to reject amendment No 9, given the harm that it would undoubtedly cause.”
“<BR /> <BR />In drawing my remarks to a close, I thank, as the Chair did, the representative organisations and, more importantly, the victims of these crimes who gave up their time to help the Committee with its deliberations. We very much appreciate that. I also thank Linda Dillon, my predecessor on the Committee, who sat on the Committee for a long time and made an important contribution to the Bill. <BR /> <BR />It was a clear priority for the Justice Committee, when we scrutinised the Bill, to ensure that victims are always at the centre of any new legislation that we progress through the House. The Bill, the Committee's amendments and the Minister's amendments reflect our desire to ensure that victims receive the maximum support and protection.”
“Strangulation is a particularly vicious and deplorable act. It is common for strangulation to leave no visible signs of injury, but it leaves long-lasting fear and harm. Strangulation is, by its very nature, an act that is intended to terrify its victim. It is also an overwhelmingly gendered crime. Even more stark is the evidence that, if a person has been strangled, the chances of their being murdered by their abuser increases eightfold. Therefore, there is an urgency to tackling this increasing problem, so I am pleased to support the introduction of a new offence of non-fatal strangulation, which will, once and for all, tackle the problem head-on.”
“Sadly, at least three women have been killed in the North by men who claimed that the women had consented to the violence, including, most recently, the tragic case of Patrycja Wyrebek in August 2020. Let me make it clear: there is no excuse or justification for strangling or beating a woman to death during sex. It is wrong and abhorrent that, despite the fact that legal precedent has been set that victims' consent to sexual gratification is not a defence, the defence continues to be used. Abusers, not their victims, are to blame. Victim blaming and victim shaming are unacceptable, and I am pleased to support the Minister's amendment that will explicitly prohibit the use of that defence. <BR /> <BR />I also support the proposed amendment that will introduce a new offence of "non-fatal strangulation or asphyxiation".”
“That measure will increase victims' confidence to report their experiences to the police and to know not only that their case will be taken seriously but that they will be protected against indignity, humiliation and additional stress throughout their journey through the justice system. Mr Allister's amendment No 9 to clause 15 flies in the face of that. It is a clever attempt to undermine and undo what was a clear recommendation of the Gillen review. For that reason, we will oppose that amendment. <BR /> <BR />I welcome the proposed amendment that will prohibit the so-called rough sex defence from being used in courts by abusers who have killed or seriously harmed victims during sex, only to claim that their victims consented to that harm.”
“The Domestic Abuse and Civil Proceedings Act, the Protection from Stalking Bill, the Criminal Justice (Committal Reform) Bill and now the Justice (Sexual Offences and Trafficking Victims) Bill are all major pieces of legislation that show our commitment to tackling gender-based and sexual violence. <BR /> <BR />The Bill introduces important provisions to protect victims of sexual offences from the risk of identification and to protect their dignity and privacy. The Bill will exclude the public from hearings of sexual offence cases and introduce additional reporting requirements on such cases.”
“<BR /> <BR />The reality for many women, however, is that the criminal justice system is not a friend or ally. It often represents a failure to tackle crimes and perpetrators and a failure to protect the best interests of victims in court. It is a failure that, all too often, favours the abuser over the victim, and it often represents trauma and humiliation for the victim. <BR /> <BR />I am proud that, over the past 24 months, the Assembly has taken a stand to reverse that trend and build a criminal justice system that protects women and girls and victims of abuse, and aims to find and punish perpetrators.”
“Incidents of violence against women and girls are at epidemic levels across Ireland and further afield. Incidents of sexual violence, abuse and gender-based violence are alarmingly on the rise. <BR /> <BR />The Justice (Sexual Offences and Trafficking Victims) Bill represents the latest in a series of important pieces of legislation that demonstrate our commitment to tackling the scale of the problems. <BR /> <BR />Domestic abuse, inappropriate touching, sexual assault, stalking, harassment and image-based sexual abuse are just some of the issues that women and girls have to deal with on an all too regular basis. We rightly talk about the need for a zero tolerance approach to sexual harassment and abuse. That is crucial if we are truly to tackle the scale of the problem.”
“Minister, the safe and effective running of the prison system is, we know, about so much more than just housing prisoners. You alluded to effective measures around rehabilitation and reducing reoffending and said that they could be impacted as a result of future Budgets. Can the Minister outline whether current prison staffing levels allow that crucial work to take place now?”
“It was not Michelle O'Neill who walked away from her commitment or who put narrow party interest before the needs of victims. Those who walked away from that process and turned their backs on victims and survivors need to explain clearly to them why they chose to do that. The apology to victims and survivors of historical institutional abuse needs to come from the heart and the top of government. That is the only way that we can send a clear message that what happened to the victims and survivors of historical institutional abuse was wrong and that we are committed to ensuring that it never happens again.”
“Now, when we were finally at the point of delivering an apology for what was done to them by this state — an apology that they so much deserve and need — the DUP, for nothing more than its own self-interest, has taken that important and necessary step away from the victims. For its part, Sinn Féin's clear focus has been on ensuring that that apology was delivered in a way that was victim-centred. Michelle O'Neill made a commitment in good faith to deliver on that.”
“I listened to and watched the reactions of victims and survivors of historical institutional abuse to the news last week that the DUP First Minister had walked away from his responsibilities to these institutions and, ultimately, to them. Their justified sense of disappointment was palpable and gut-wrenching. How many more times will victims and survivors who were abused at the hands of various institutions operating on behalf of this state be let down and retraumatised by this state? It is a horrendous situation that victims and survivors have been put in. I feel so bitterly disappointed and angry for them. I stand in complete solidarity with them today, and every day. <BR /> <BR />Victims and survivors of historical institutional abuse have already faced trauma after trauma, and delay after delay.”
“<BR /> <BR />We cannot have a situation where those least able to carry the burden, and who are less responsible for emissions, are left to carry the cost of the global polluters and big corporations, which continue to pursue profit at the expense of the planet and our future.”
“This is a framework Bill, and it is up to all of us, inside and outside the Chamber, to put the meat on the bones of it. That is what the Sinn Féin amendments attempt to do in group 2, and in group 1 as well, in particular amendment Nos 36 and 80. <BR /> <BR />In recent weeks, I have met dozens of farmers in South Down, and the Ulster Farmers' Union, and they told me directly that they are up for the challenge, and that they want to farm more sustainably if they are given the option and support to do so. In many ways, they are increasingly doing that. We need to enable them and all of society to do more. Sinn Féin will not tolerate any scapegoating of farmers, rural communities, individual workers and families for the failure and reluctance to show leadership on this issue.”
“Putting in place plans to support and empower people is how we will meet our climate objectives. If this Minister was genuine about protecting rural communities or small farmers, they would not be worried about the future of single farm payments due to Brexit, and hill farmers, like those in South Down, would not be impacted on by the removal of their areas of natural constraints (ANCs) payments by a previous DUP Minister. Those are the issues that the rural communities that I represent in South Down are concerned about. <BR /> <BR />The most effective climate action will be taken in partnership with rural communities and farmers, and it must be fair. Those in the farming community are the landowners, and they are the custodians of the countryside. Without their buy-in and partnership, we will not achieve anything.”
“I will not give way. This is the first time that I have spoken on the Bill. Members have had plenty of time to air their views, both yesterday in the House and on the airwaves, so I will continue. <BR /> <BR />Reducing our carbon emissions and engaging in more sustainable practices across society need to be at the core of any climate change Bill. It is not enough just to set targets, however. If targets are to be achieved, they have to have the consent and support of the people. By engaging with communities, industries, workers, trade unions, young people and others, we can ensure that we reach our targets in a manner that does not disadvantage anyone. <BR /> <BR />Rural communities are at the coalface of climate change and could see more flooding or periods of drought if political leaders do not provide the necessary leadership now.”
“Farmers in South Down are still waiting anxiously to see what will replace the vital EU subsidies that were lost because of Brexit, which the DUP enthusiastically supported.”
“Members will be glad to hear that I intend to speak very briefly and generally on the Bill and the amendments in group 2. At the outset, however, I will say that people outside the Chamber think that it is farcical that two climate Bills are making their way through the House. We know that the Assembly was put in that farcical situation by the Minister's refusal to bring forward climate legislation when the House first called for it. That is down to the Minister and the climate change scepticism that remains a worrying tendency throughout his party. <BR /> <BR />Earlier, Members opposite asked, "What does Brexit have to do with the debate?". We have only to look at Brexit to see a glaring example of what happens to ordinary people when the DUP puts ideology before reality.”
“Narrow Water bridge is a vital all-island project that has strong cross-party political support, North and South, and I have been seeking progress on it for some time. With reference to the Minister's answer to the previous question, can she indicate whether construction is set for 2023, or is it possible to advance that and bring it forward? It will bring a huge boost to the local workforce and tourism economy. Is the Minister in a position to give some details on the design — for example, will cycle lanes be separate from other vehicles and traffic?”
“Minister, before you commissioned the CJINI report on the use of CSUs, you did not accept that the use of the units constituted solitary confinement. The report makes it clear that, for many prisoners, that is exactly what it was. The UN regards a period of 15 or more days in solitary confinement as a form of psychological torture. How many prisoners have spent over 15 days in solitary confinement in those units? Would you describe that as torture?”
“While it is true that anyone can be the victim of stalking — men, of course, have suffered from that form of criminal and dangerous behaviour too — it is also true that the victims of stalking are overwhelmingly female. Violence against women and girls is endemic in our society. Many women are therefore fearful and angry and are demanding that action be taken to end it. We need laws that are victim-centred and can respond to the level of harassment, violence, misogyny and sexism in our society. It is long past time that we shifted the focus away from the actions of women and keep it firmly on the actions of violent men.”
“Again, while we appreciate the rationale behind that, we have not seen much evidence on how it would be workable and how the amendment would help us to produce good legislation.”
“Maybe she can, to help us come to a decision on our position, give us clarity on whether any work has been done on data collection or how that can be done in the context of section 75 groups. We know that resource follows data, so, if we do not have the data, that creates a problem. Likewise, perhaps the Member who tabled the amendment can give us examples of how that is done in other jurisdictions or where it has been done, so that we can perhaps look at best practice.”
“Whilst the new clause sets out a range of issues to be included in the report, it does not include a reporting requirement in relation to section 75 groups, and amendment No 7 proposes to include such reporting requirements. When the Justice Committee considered the Domestic Abuse and Civil Proceedings Bill, it supported an amendment to place reporting requirements on the Department. At that time, it considered whether to include section 75 groups but decided against it after listening to the advice of the Department, the PSNI and other operational partners. An amendment was brought forward at that time by the Member, but it was defeated. I heard what the Minister said in her opening remarks.”
“We also need data on the progression of cases through the system, including the number of initial cases, the number of case files referred to the PPS, the various court stages reached, the number of prosecutions, the level of punishment and how many of the cases involve repeat offenders. That data will be crucial as we monitor and evaluate the implementation of the offence moving ahead, so that we have an accurate assessment of how the legislation is working. <BR /> <BR />I will turn to reporting on the operation of the offence. Amendment No 6 places a responsibility on the Department to prepare reports on the operation of the offence, and that is to be welcomed.”
“<BR /> <BR />I will turn to the amendments. I want to touch on amendment Nos 4, 6 and 7, and my colleagues will pick up on some of the other amendments. On the guidance and reporting on the operation of the offence of stalking, amendment No 4 sets out that the Department should issue guidance about the sort of information that it seeks to obtain for the purposes of the assessment of the operation of the Act. The importance of strengthening data collection on stalking was highlighted by a number of the organisations that we heard from during Committee Stage. Organisations outlined a range of gaps, including the nature and the impact of stalking on specific section 75 groups and the lack of data by sex, gender, ethnicity, disability and age.”
“As we know, stalking can be a precursor to other forms of violence, and that can often culminate in serious violence or, tragically, as we have seen, murder. As the Minister said, stalking is an insidious crime, and what differentiates it from harassment is the absolute fear that it instils in victims. Repeated and unwanted communication through phone calls, mail, emails or social media sites is not unrequited love. Following the victim to work, school, home or other places that they frequently visit or obtaining information about them through friends, neighbours or by going through their rubbish or contacting their co-workers is not harmless. Repeatedly sending the victim unwanted gifts is certainly not romantic. It is criminal stalking behaviour, it is dangerous, and it is very traumatic for the victim.”
“It is timely that we are debating this legislation today given the harsh realities that, as a society, we have had to face up to following the murder of yet another young woman in Ireland. The murder of Ashling Murphy has sparked a national conversation about the everyday experiences of women in Ireland and across the world. Violence against women and girls begins with everyday sexism, misogyny, catcalling and on-street harassment, and, over time, it embeds a deep, dangerous and toxic culture that so often manifests itself in serious physical and psychological violence. <BR /> <BR />Stalking is one of those manifestations, and that makes the Bill so important, not just on its own but in the context of the wider work of the Assembly and the Executive.”
“I thank the joint First Minister for that response. I know that progress is being made on the strategies to tackle violence against women and girls. Does the Minister agree that, for far too long, the focus has been on women and what women need to do to protect themselves and that we need to shift that focus to the perpetrators and how we can prevent the violence in the first place?”
“The best judicial system in the world will not succeed if we end up with a jury of 12 people who, on some level, think that a woman was asking for it. If we are serious about ending violence against women and girls, we need to start by asking why a woman's non-consent is seen as some sort of barrier to be overcome. That is why the strategy to protect women and girls from violence is crucial. We could be the generation to end the epidemic of violence against women and girls, if we start by changing not women's behaviour but the culture that still allows a woman's very humanity to be undermined. We must ensure that we have a judicial system that is fair and balanced but, most importantly, victim-centred.”
“I want to stand here and say that the epidemic of violence against women and girls is over and that the outpouring of grief, anger and frustration at the murder of Ashling Murphy will be enough to end all this, but we all know that Ashling Murphy will not be the last. She will not be the last because, in the week of her murder in Tullamore, the scramble to find solutions is seeing the same old suggestions thrown up to keep women safe, such as rape alarms, more police, better street lighting etc. It seems, even now, that some people are determined to keep the focus on the actions of women and away from the actions of violent men. <BR /> <BR />Victims of rape and other forms of violence need a justice system that works for them, but this is not simply a policing or justice problem; it is also a wider societal problem.”
“For that reason, let us get the Bill passed and get it right for victims. I urge Members to reject the amendment and to support the Bill as drafted.”
“I am surprised to be quoting Jim Allister, but he summed it up quite well in the Second Stage debate when he talked about the under-compensation of victims meaning that you run the risk of their money running out. When their money runs out, that creates a burden on the state through the benefits system. He said:”
“<BR /> <BR />Finally, I recognise the many victims who have been gravely injured through no fault of their own. Many of those people have had their life turned upside down and been left with life-changing injuries and trauma. Those people are often vulnerable and require support to navigate the challenges that they face in their new life. I make no apology for saying that we need to look after those people. <BR /> <BR />Defendants, on the other hand, are often represented by multimillion or multibillion pound insurance companies that make great profits. Those defendants have a huge advantage over claimants in that they are in a much better position to pay. Instead, victims are left in a position where they are under-compensated and have their money run out leaving them unable to meet their basic needs.”
“However, I accept the view of the Department that taking those into account would mean that we would be compensating victims only to the extent that society is willing to pay. That would be a fundamental departure from the 100% principle, and all victims deserve full compensation for injuries that have been caused to them. <BR /> <BR />Although it is not within the scope of the Bill, I have concerns about the potential impact on GPs through their indemnity costs. The problems faced by GPs are well rehearsed. We know that GPs have played a key role on the front line for a long time, and that has been exacerbated by COVID. I urge the Health Minister to explore all options for reducing the burden on GPs to allow them to focus on caring for their patients.”
“<BR /> <BR />Due to the time that it has taken to get the Bill to this stage of the process, an interim rate of -1·75% was brought in in May of this year. That rate had to be calculated under the current framework of Wells v Wells, which is widely accepted to be outdated and inappropriate. There is a general view that the current rate under the current legislation veers towards overcompensation and needs to be changed. Therefore, it is hugely important that the Bill is passed in a timely manner to allow the Government Actuary to get to work on setting a new rate, which is likely to be somewhat higher than -1·75%. <BR /> <BR />I am fully aware of the wider societal and economic impact of a new rate, including on the health service.”