Jemma Dolan
Fermanagh and South Tyrone · Sinn Féin · Northern Ireland
“Minister, I am really shocked at that response, because I am not aware of any Western Trust engagement on the vision plan. My question was going to be, "Will you outline how you will ensure that the public are aware of this planning, so that they can engage with it?".”
“Minister, thank you for your statement. Last week, the Irish Government announced a further €30 million investment in the Ulster canal restoration project. That is transformative for the communities along the route and will benefit local economies and tourism. What is the current position of the Ulster canal project?”
“They are the result of years of chronic underfunding by successive British Governments and a funding model that has consistently failed to recognise the real needs of people here. That is the root cause of the problem.”
“Our public services are under immense pressure. Health workers, teachers and community organisations are all being asked to do more with less. Communities that have already endured years of austerity continue to feel the impact.”
“However, the second part of the motion is profoundly flawed and contradictory. On the one hand, it welcomes the efforts of local Ministers to press for more funding for public services, while, on the other hand, it states that the Executive are purposely deciding to "impose further austerity" by not agreeing to a Budget.”
“There is an onus on us as elected representatives to deliver better front-line services. However, we cannot get away from the fact that we are a devolved region with limited fiscal powers. Almost all our funding comes through the block grant.”
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“I also request that, to better understand the difficulties that they face, the Minister for Infrastructure come to Boho to meet the residents and listen to their concerns.”
“If any urban area in the North consistently suffered similar floods, large amounts of capital expenditure would be used to alleviate the problem. <BR /> <BR />DFI Roads, DFI Rivers and Fermanagh and Omagh District Council work well to help the Boho community during times of flooding, but we need to prevent the floods happening in the first place. Unfortunately, the Department for Infrastructure has said, time and again, that spending large amounts of money to lessen the impact of this regular flooding would not be value for money. That is wrong and is just because it affects a small population. That is unfair in the extreme. I call on all statutory bodies to work together to find solutions to the flooding in Boho and I call on the Minister for Infrastructure to find the financial resources to pay for the works to be done.”
“Go raibh maith agat for the opportunity to present this public petition about addressing the reoccurring flooding in Boho. Due to the current health restrictions, I did not go from door to door with the petition, so I thank local businessperson Dessie McKenzie for allowing a paper copy in his premises, enabling local residents to sign it. I thank the 384 people who signed the petition in person or online. Considering the population of Boho, which is a dispersed rural community in west Fermanagh, that is an astonishingly high number of respondents. <BR /> <BR />The community of Boho is flooded every time that there is heavy rain. It stops carers getting to their patients, residents getting to work and even children getting to school. The only way that residents can get through is if local farmers take them on their tractors.”
“The Miscarriage Association found that there is a lack of specialist support and recognition for parents who experience a miscarriage. Parents surveyed by the association have expressed how they felt under pressure to return to work before they were ready. The Assembly should support the amendments and give women the leave that they need to grieve following a miscarriage. Through this legislation, we have a real chance to change the experience of workers who suffer the death of a child. I suggest that we use the powers at our disposal to shape the legislation to make it inclusive. All workers need to be given the help and support that they deserve. Women who experience a miscarriage need to be shown compassion. I hope that those points will be considered and implemented as the Bill progresses.”
“<BR /> <BR />I am also happy to see that the amendment to include leave for parents bereaved by miscarriage has been included. We as a party have stated from the outset that those who suffer miscarriage should be paid the same rate and given the same length of leave as those who experience stillbirth or the death of a child. There is a real gap in support for parents who suffer a miscarriage, despite the fact that miscarriage affects around one in four pregnancies. Maternity leave entitlements do not apply to mothers who have a miscarriage during their pregnancy but do apply to mothers who have a stillbirth. <BR /> <BR />This legislation provides an opportunity to support those who have had little to no support in the workplace in the past.”
“We also know that agency workers often have to serve a 12-week qualification period before they can avail themselves of the most basic pay, pension and annual leave entitlements. Those who are not defined as employees are left with fewer rights and entitlements, regardless of whether they fulfil the same roles and responsibilities as employees. We have the ability to tackle those inequalities through the Parental Bereavement (Leave and Pay) Bill. It is therefore important that that amendment be supported and that no qualification period be applied to that type of leave. The implementation of a qualification period not only would exclude some workers but might deter workers from seeking new employment if they felt that they would not have sufficient support.”
“I therefore fully support the amendment to make bereavement leave available to workers who have started a new job or have gaps in employment. There has been much debate about whether that leave should be a week-1 or a day-1 right, but the most important aspect is to ensure that people are not excluded from paid leave if they have started a new job or have gaps in employment. Bereavement can occur at any stage and is not time-bound. If the focus is on empathy and support for workers in the most difficult of circumstances, there is no room for exclusions on the basis of employment status or qualification periods. <BR /> <BR />The reality is that many workers in the North are on precarious contracts, particularly those who are on zero-hours contracts. Those workers experience breaks in employment and irregular periods of service.”
“I welcome the opportunity to speak about and express my support for the Parental Bereavement (Leave and Pay) Bill. Parents who experience the loss of a child deserve to be supported, and they need compassionate leave from work so that they can mourn. No worker should feel compelled to return to work following the loss of a child. Workers should not face financial penalty for taking necessary time off during what is possibly the most difficult time of their life. <BR /> <BR />Employment law is devolved, so we can shape legislation to fit the needs of workers and families. Throughout the COVID pandemic, we constantly heard the phrase, "Things cannot go back to what they were like before". If that is a truly heartfelt belief, we cannot continue with the policies that have failed so many in our society in the past.”
“I thank the joint First Minister for that response and positive update. While there is an onus on government to protect women and girls from violence, does the Minister agree that there is also an onus on government to uphold women's rights and that it is entirely unacceptable that women here are still being denied access to the compassionate and modern healthcare that they are legally entitled to?”
“Louise shares our belief that, if resilience and suicide prevention were built into the curriculum, it would go some way to tackling the increasing tragedies. We as a party will continue to work on that. I ask other parties and the relevant Ministers to support us.”
“However, by educating students about the best way to respond to and deal with their feelings and emotions, we can save lives. <BR /> <BR />Unfortunately, my constituency has not been immune. I have been working closely with one young woman in particular whose partner took his own life in July 2020. Louise Boyle reckons that her partner, Michael Doherty, showed no signs of depression or mental illness. In Louise's words, Michael was laid back and always smiling. Since Michael's tragic death, Louise has set up a charity called Michael's Hope Haven. The charity will be for those who are struggling or who have lost a loved one to suicide and may just need some respite. The aim is to raise enough money to buy a static caravan that would be solely for charity use.”
“This is not the happiest of topics to discuss of a late January afternoon, but there is a suicide epidemic in our society, and it really worries me. The number of young people whom it is affecting only adds to my concerns. Figures in a 2020 report by the Royal College of Paediatrics and Child Health show that the rate of suicides in 15- to 24-year-olds has risen in recent years, and that was before the stress and strains of the pandemic had kicked in. My party colleague Órlaithí Flynn has done outstanding work on getting suicide prevention and resilience built into the curriculum. I feel really sorry for our teachers because, across the Chamber, we are looking for all sorts to be added to the curriculum and taught in schools.”
“In light of the recent cruel murder of Ashling Murphy, the misogynistic abuse that women experience online and the sick cyber-flashing incident that happened during the online vigil last night, will the Minister join me in condemning that abuse?”
“<BR /> <BR />As a member of the Justice Committee, my fellow Committee members and I spent a long time scrutinising the Bill. We heard from a number of key actors, and it became apparent that, although committal reform is vital, if it is done in isolation it will not be a silver bullet that fixes delays in the system. It is important that we keep our focus on other key aspects of the Department's reducing delay work stream. We need to continue to improve disclosure between the police and the PPS and early engagement between parties involved in the core process, and we need to implement an effective case-management system. Finally, we need to ensure that the funding of the Courts and Tribunals Service is appropriate and effective. <BR /> <BR />Nonetheless, the Bill is a key development, and it is one that I am pleased to support.”
“I hope that the Bill's passage will be supported by all, as we continue on the journey of modernising and speeding up the court system. <BR /> <BR />The criminal court justice system is under serious pressure and faces a backlog of cases and huge delays. We are reminded of that by regular statistics and updates, but it is important to humanise the situation. At the heart of those statistics are victims, often of serious and traumatic crimes, and every day of delay adds to their hurt and trauma. Reducing delay is one of the biggest challenges facing the justice system, but, quite simply, we have to do better to improve the experience of victims and witnesses. Reforming the committal process is a key part of the work to reduce delay, which is why the Bill, although quite technical in nature, is so important.”
“I welcome the fact that the Bill has got to this stage. It will significantly speed up justice whilst supporting victims and witnesses by preventing them from being re-traumatised by having to give evidence on multiple occasions, including through cross-examination. <BR /> <BR />Reform of the committal process has been a key recommendation in a number of important reviews and reports in recent years, including the Gillen review of serious sex offence cases, the Fresh Start panel report, the Audit Office's 'Speeding up Justice' report and a number of CJINI reports. Committal reform was also an NDNA commitment and it has the support of the Office of the Chief Justice, the PSNI, the Probation Board and the PPS, as well as Victim Support and other support organisations. Therefore, it is greatly welcome that we have got to the Final Stage.”
“I thank the Minister for his statement. I welcome last week's announcement by the Communities Minister, Deirdre Hargey, of her plan to build 100,000 homes over the next 15 years. Will the three-year Budget provide the funding that will enable that major social housing programme to commence?”
“Fundamentally, however, at the heart of the Bill are victims who have been gravely injured through no fault of their own. Many of those people have been left with life-changing injuries and trauma. Often, they are vulnerable and require support to navigate the challenges that they face in their new lives. There is a backlog of cases that are awaiting settlement and that were delayed for a number of years because the personal injury discount rate had not been settled. That will no doubt have been a source of huge frustration to all parties and traumatic for those awaiting much-needed compensation. I am pleased that the Bill's passage will close that chapter in their lives, allow cases to progress at a fair and equitable rate, and allow victims to move on with their lives as best they can with the dignity that they deserve.”
“<BR /> <BR />Throughout the Committee's consideration, we heard from a wide variety of individuals and organisations, including those representing defendants and claimants. It became clear that establishing a legislative framework for setting the personal injury discount rate required a number of highly subjective choices to be made and that it would be difficult to get agreement from all interested parties on how that would be best achieved. I am satisfied that the Bill's final draft provides the best possible framework to ensure the long-standing legal principle of 100% compensation. <BR /> <BR />Much of the Committee's and the Assembly's deliberations have focused on the Bill's technical elements and on complex equations and financial exercises.”
“I welcome the Final Stage of the Bill, and I also thank the Committee staff. <BR /> <BR />The Bill is hugely important in ensuring that victims of personal injuries who have been injured through no fault of their own get the compensation to which they are entitled. It has been a long and complex process to get to this stage, but today is a good day as we pass another important piece of legislation. <BR /> <BR />The purpose of personal injury compensation is to return victims to the financial position that they would have been in had they not been injured. Although it is an extremely difficult thing to do, given the variables around each case and each claimant, I am satisfied that we have reached the right conclusions.”
“Minister, cybersecurity is clearly a growing and cross-cutting issue. The Cyber Security Centre is part of the Department of Finance. Will you outline any engagement and cooperation that it has with other Departments?”
“I thank the Minister for his answers so far. Minister, earlier in the pandemic, the COVID engagement forum helped to make workplaces safe by bringing trade unions, the Public Health Agency and business representative groups together to shape an agreed COVID safety policy for the workplace. Do you agree that there needs to be coordinated engagement on compliance and enforcement?”
“I thank the Minister for her statement. I welcome the draft climate action plan that Waterways Ireland has launched. We need to see an increase in the environmental protections for our waterways. However, Minister, I am sure you are aware that sewage is being pumped into our rivers and waterways. What work is under way to address the pollution of our waterways with sewage?”
“<BR /> <BR />Other jurisdictions around the world, including Italy, Canada and New Zealand, have introduced statutory provision for safe leave. Closer to home — as my colleague just mentioned — our party leader, Mary Lou McDonald, and party colleague Louise O'Reilly have brought a similar Bill to Leinster House. I hope that the Dublin Government are listening to this debate and that they step back from obstructing that Bill. I support this Bill.”
“We also need to ensure that they know how to support victims in a variety of situations, such as when domestic abuse impacts on safety in the workplace or leads to performance issues, or where the victim works with the perpetrator. <BR /> <BR />Across the water, the Employers' Initiative on Domestic Abuse (EIDA) has been established. It is a network of over 470 public and private employers that aims to enable employers to take action on domestic abuse by raising awareness among all employees, supporting those facing domestic abuse and providing access to services to help perpetrators to stop. That approach should be explored here, and I wonder whether the Bill sponsor has come across that during her research and consultation.”
“<BR /> <BR />I imagine that a number of employers may, unfortunately, be opposed to the Bill, especially those who already treat their workers poorly and do not provide fair workers' rights or conditions. Other employers may just need support and clarity, however, and therefore a holistic approach is required to build awareness and understanding of the impacts that domestic abuse can have on individuals. Colleagues and managers are often the only people that survivors talk to outside the home each day and are therefore uniquely placed to help to spot signs of abuse. We need to ensure that employers have the means to develop safe and inclusive workplace environments where victims can feel confident to disclose domestic abuse.”
“The introduction of this paid statutory leave will send a clear message that the health and safety of all employees is taken seriously. It places the victim at the centre of the process at a time when they feel isolated and have nowhere to turn. <BR /> <BR />Whilst the emotional and psychological cost of domestic violence is devastating, there are also economic costs associated with this crime. An international study commissioned by Vodafone found that the potential loss of earnings for a female victim of domestic abuse is £5,800. The same study found the estimated direct cost to businesses' bottom line to be £316 million a year, due to decreased productivity, time off work, lost wages and sick pay.”
“<BR /> <BR />It is crucial that we break down any barriers or stigmas surrounding domestic abuse so that employees are not afraid or ashamed about approaching their managers with domestic violence concerns. Victims may have to leave work early due to a crisis at home; they may have absenteeism due to injury or stress; they may have had to leave their home in the middle of the night with only the clothes on their back; they could be staying in a refuge that is miles away from their support network; they may have multiple court visits in order to seek a domestic violence protection order. Add to that the stress and worry that they might lose their job or might not be able to afford to take unpaid leave. Employers have a legal responsibility to provide a safe and effective working environment, as well as a duty of care to employees.”
“There were 31,196 domestic abuse incidents recorded in 2020-21. That is the third highest level that has been recorded since the data series began in 2004-05. Unfortunately, the pandemic's impact on domestic abuse will extend well beyond the easing of any lockdowns. Domestic abuse and sexual assault walk through the doors of each workplace across Ireland every day. Domestic abuse does not stop when you leave for work in the morning; for some, it follows them. Victims are known to have experienced domestic violence, such as stalking, excessive phone calls and threats, in their workplace. For others, the workplace often offers a safe space and respite away from their abuser. Either way, domestic abuse robs employees of their dignity and health.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Sorry. Should it not be the Chair of the Committee?”
“Thank you, Minister, but I am sure that many struggling farmers would not agree with you. <BR /> <BR />Does the Minister agree that the British Government cannot be trusted with food security as they scramble for trade deals in a race to the bottom, where food and environmental standards are secondary considerations?”
“Minister, given the soaring costs of input such as food and fertiliser, do you agree that your party's insistence on ending the areas of natural constraint (ANC) payment was short-sighted and wrong? It has greatly increased the pressure on many farmers, and surely you can now accept that it would have been much better to have retained that payment to provide proper long-term, targeted support for our hill farmers.”
“While Sinn Féin would have preferred that the Assembly legislate on such matters ourselves, I understand that it was difficult to find a substantial legislative vehicle to do so during this mandate, so I support the LCM.”
“I also welcome the late inclusion in the LCM of a provision to bring electronic money and payment institutions within the scope of the account-freezing and forfeiture powers in the Proceeds of Crime Act <BR /> <BR />Organised crime gangs wreak havoc on the streets of Ireland through their illegal activities, including human trafficking, drug importation and drug dealing, as well as their associated violence, which is often serious and includes killings. Those criminals do what they want purely for financial gain, so it is important that we keep up to date with modern technology to equip the legal system with the appropriate tools to target their finances and assets.”
“I note the ongoing work to find a resolution to the finding of the Information Commissioner's Office that there was insufficient legal clarity on the grounds on which data can be extracted from mobile devices. Data extraction has big implications for data protection and privacy, so it is important that we get that right. While it was first proposed to include it in the scope of this LCM, given the concerns of the Attorney General and the Human Rights Commission, it is only right that it has been left out until a code of practice can be drawn up and agreed.”
“Sinn Féin supports the motion. The LCM for the Police, Crime, Sentencing and Courts Bill contains small but important provisions that, taken together, will help our justice system to respond to important issues related to organised crime, sexual offenders and locating human remains. I do not intend to discuss all aspects of the LCM, but I want to speak about some of them, including those that relate to the Scottish sexual harm prevention orders and sexual risk orders. <BR /> <BR />It is important that all jurisdictions cooperate with each other when it comes to the management of sex offenders to ensure that there are no safe havens for them.”
“<BR /> <BR />Committal reform is supported by all the key criminal justice organisations and has the support of the office of the Chief Justice. The system is being abused, and it is time to get work done. We support the Bill and oppose the amendments.”
“<BR /> <BR />It is not just about speeding up the justice system. We are all acutely aware of the difficulties and challenges faced by often vulnerable victims and witnesses of serious crimes as they attempt to navigate the daunting and intimidating criminal justice system, particularly in cases such as rape or serious sexual assault. We know how difficult and traumatising it can be for victims to be cross-examined under oath at the Crown Court, so it is inexcusable that the current system allows victims to be doubly traumatised by having to go through that process twice. Worse than that, the associated stress, anxiety and fear that is faced by those victims is only compounded by the fact that around a third of people who request a preliminary inquiry or mixed committal hearing revert to written-only evidence on the day of that hearing.”
“The Bill's primary objective is to improve the operation of the criminal justice system by reforming committal proceedings, which is the procedure used to determine whether sufficient evidence is available to justify putting a person on trial in the Crown Court. We know that the Department's aim in the longer term is to eradicate the traditional process entirely. Sinn Féin supports that aim. <BR /> <BR />In its 2018 report, 'Speeding Up Justice', the Audit Office said that committal reform is needed urgently to cut delay in the justice system. That sentiment has been backed up in hugely important reports such as the Fresh Start panel report, the Gillen review of serious sexual offences cases and a number of CJINI reports. Furthermore, it was a key commitment in the New Decade, New Approach deal and remains one to which we are committed.”
“It is the same status quo that has helped lead us to a failing criminal justice system that has led to constant delays to justice and has, report after report tells us, failed victims. Amendment Nos 1, 2 and 4 go completely against the principles of the Bill, which are to speed up justice and better protect victims and witnesses. They attempt to preserve aspects of the 2015 legislation that first sought to deal with the issue of committal reform, despite the landscape changing significantly since then. The committal reform Bill presents an opportunity to usher in a new era for the criminal justice system by setting in motion a process to eradicate the outdated and unnecessary committal process.”
“I, too, express my thanks and appreciation to the Committee staff for getting us to this stage. Sinn Féin supports the Bill as drafted and the Justice Minister's amendment No 3. It is a small, technical amendment to the Bill that followed an issue raised by the Office of the Legislative Counsel. It will ensure that legal aid certificates can be issued more quickly, which, in turn, will ensure that there are no delays in providing legal representation for the defendant. We are happy to support that. <BR /> <BR />Sinn Féin will oppose Jim Allister's amendments, which are an attempt to obstruct the primary objectives of the Bill in order to preserve the status quo.”
“I thank the Minister for her answers so far. I welcome the progress in bringing forward essential legislative change, particularly in the areas of domestic and sexual violence and abuse. I commend the Minister and her Department for that. As the Minister is aware, serious concerns remain that the Justice (Sexual Offences and Trafficking Victims) Bill that relate to upskirting, down-blousing and image-based sexual abuse do not go far enough to effectively tackle those problems. Can the Minister therefore commit to strengthening the Bill if required?”
“It is only appropriate that those who use hospital car parks enjoy the same concession. Charities such as Macmillan have called for the end of hospital car parking charges, calling them morally wrong. Therefore, I ask you all to support the Bill.”
“<BR /> <BR />At the weekend, I was talking to one of my constituents whose little boy requires a lot of hospital appointments due to his medical condition. The doctors in the local hospital cannot treat him. Therefore, he is being treated between the Royal and Altnagelvin. She lives 65 miles from Altnagelvin Area Hospital and 92 miles from the Royal. She told me that 20 minutes in Altnagelvin car park last week cost her £1. She reckons that car parking charges at hospitals are higher than at shopping centres. She said that, between fuel and car parking, it really was brutal, and that was on top of the worry about her little boy's condition. <BR /> <BR />Abolishing hospital parking charges will promote equality of access for rural patients and workers. A major concession that those of us who work in the Assembly enjoy is free car parking.”
“As has been said, with the crisis that our healthcare system already faces, we need incentives for staff, not barriers. The abolition of car parking fees at all hospitals would also address another deep inequality between the experiences of rural and urban patients, due to the lack of available and efficient public transport in rural areas. For rural patients who are attending an appointment, usually in a hospital in an urban setting, costs include running a vehicle, in addition to hospital car parking charges. To use my constituency as an example, the South West Acute Hospital is on the outskirts of Enniskillen and, even for Enniskillen workers and patients, getting there involves at least one bus journey. For someone coming from my home area of Belleek and Garrison and surrounding areas, getting public transport simply is not an option.”
“Surely if the staff who were receiving the free parking are struggling to pay for their parking, the health service would not be able to function. Upon that announcement, Dolores McCormick, the associate director of the RCN in the North, said that nursing staff would be:”
“Parking charges at hospitals are an unfair tax on workers; it is an unacceptable situation that needs to change. According to the RCN, some nurses are paying up to £18 a day for parking at hospital facilities in Belfast. As has been said, there are considerable inequalities and inconsistencies in charging rates across the North. <BR /> <BR />The offer of free parking during the pandemic proved that it can be done. When the Health Minister, Robin Swann, made the announcement that free parking was coming to an end, he said:”
“I welcome the opportunity to speak on Bill, and I congratulate the sponsor, Aisling Reilly, for taking it forward. It is an issue that may affect some of us more than others but it will affect all of us at some point. We all have many constituents who, unfortunately, have to attend hospital frequently and who know only too well that car parking is very costly. For example, on average, cancer patients make 60 trips to hospital from initial diagnosis through to treatment and follow-up consultations. For patients and their family members, those charges place unnecessary stress on people who are in ill health. <BR /> <BR />Looking at the issue from a worker's perspective, removing parking charges will reduce the financial burden on hospital workers, many of whom are underpaid for the work that they do as it is.”
“I, too, commend the courage and perseverance of the Murray and Dorrian families in their campaign. Minister, what weight will the proposed statutory requirement on the Parole Commissioners to address the non-disclosure of a victim's remains carry compared with, for example, the weighting of good behaviour?”
“I beg to introduce the Employment (Zero Hours Workers and Banded Weekly Working Hours) Bill [NIA 46/17-22], which is a Bill to make provision in respect of zero hours workers and banded weekly working hours.”