Emma Rogan
South Down · Sinn Féin · Northern Ireland
“<BR /> <BR />With the second and third surges seeing a decline in that ratio, it is clear that care homes and residents were disproportionately affected. They were truly at the centre of this storm. <BR /> <BR />I wish to declare an interest in that I have family members who work in care homes.”
“First, I would like to thank the Health Committee members and Clerks and all those who gave evidence and who shared their experience for the report.”
“<BR /> <BR />One of the most difficult things for human beings is not having close contact with family, especially older members of the family. I am fortunate in that I have a granny who — she will not mind my saying — is in her early 90s. She maintains that her family contact keeps her young at heart and keeps her going.”
“<BR /> <BR />A few other recommendations deserve a mention, including ensuring that there is sufficient PPE through procurement and pandemic planning; regional access to e-learning on infection prevention and control; learning from international best practice and experiences; addressing staffing levels and so much more.”
“care and to ensure that there is sufficient training for the relevant professionals and making talking about advance care planning and end-of-life care easy. <BR /> <BR />Unless it is done in a positive way, it can create a sense of doom.”
“Domestic abuse has been identified as an adverse childhood experience and can lead to emotional, physical and psychological harm. Operation Encompass, or information sharing with schools, aims to mitigate that harm by enabling immediate support and helping to make a child's day better, with something simple, such as asking them, "Are you…”
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“The limitations on visiting arrangements have been a constant source of worry and emotional turmoil for staff, patients and relatives. Can the Minister outline whether the current restrictions on visiting, for example, in maternity wards is likely to change?”
“<BR /> <BR />A few other recommendations deserve a mention, including ensuring that there is sufficient PPE through procurement and pandemic planning; regional access to e-learning on infection prevention and control; learning from international best practice and experiences; addressing staffing levels and so much more. <BR /> <BR />To finish, most of the report centred on the pandemic and how best to respond. It highlights the need to ensure a sustainable and high-quality care sector. I look forward to the Minister bringing forward his Department's proposal for the reform of adult social care and welcome and support this report into care homes.”
“care and to ensure that there is sufficient training for the relevant professionals and making talking about advance care planning and end-of-life care easy. <BR /> <BR />Unless it is done in a positive way, it can create a sense of doom. In particular, I would like to bring people's minds back to the early stages of the crisis when images showed hospitals and care homes in Italy and Spain being overwhelmed. There was a lot of concern about older people and care home residents being pressured into signing do-not-resuscitate forms. Let me be very clear: no one should be pressured into signing a DNR.”
“There is no substitute for planning ahead for person-centred care. <BR /> <BR />Recommendations 35 and 36 call on the Department to:”
“<BR /> <BR />I want to highlight the issue of advance care planning, as it can play an important role in a person's life if it is person-centred and does everything to make people feel safe. Recommendation 34 states that:”
“<BR /> <BR />One of the most difficult things for human beings is not having close contact with family, especially older members of the family. I am fortunate in that I have a granny who — she will not mind my saying — is in her early 90s. She maintains that her family contact keeps her young at heart and keeps her going. However, the past year has been very difficult for her, just as it has been for many elderly in our communities. Speaking to her on the phone is just not the same. <BR /> <BR />It is worth remembering that most of the older people who receive care, receive it in their own home and community. The lessons of this report must be considered in many other settings.”
“<BR /> <BR />With the second and third surges seeing a decline in that ratio, it is clear that care homes and residents were disproportionately affected. They were truly at the centre of this storm. <BR /> <BR />I wish to declare an interest in that I have family members who work in care homes. Almost all staff working in a care home do so because they love the job. They treat the residents like their own family and work tirelessly to keep them safe. Members of my family have said that the hardest thing was that residents, many of whom have dementia, thought that they had done something wrong because no one had come to visit. They had not remembered about COVID but had remembered that no one had come to visit them. Speaking to family through closed windows and doors is heartbreaking.”
“First, I would like to thank the Health Committee members and Clerks and all those who gave evidence and who shared their experience for the report. There are quite a few finds and recommendations to go through, but I will pick out a few that I think will add to the debate and which deserve to be mentioned in detail: advance care planning; the impact on relationships in families; and the do-not-resuscitate (DNR) orders. <BR /> <BR />We know that coronavirus is highly infectious and that it can kill. Tragically, we hear daily updates of rising numbers. However, we must not forget that, each time, there is a person, a family and a community wrapped up in grief. In the first surge, nearly half of all deaths occurred in care homes or to care home residents.”
“<BR /> <BR />I note the Minister's intention to begin the work with a view to the introduction of a victims of crime commissioner, who may well carry many of the same functions as an independent person with responsibility for the oversight of this legislation. However, we cannot wait until a commissioner is in place. We have no timeline for that yet and whether it will be before we review the operation of the legislation. Nonetheless, independent oversight and a victims of crime commissioner should complement each other rather than duplicate each other's work, and I welcome that.”
“<BR /> <BR />Independent external oversight has a number of advantages, including being able to review the operation of the legislation in great detail to ensure that it is operating as it is expected to, and, when it is not, the recommendations will play a crucial role in making interventions, where necessary. It can help to monitor and review performance and can ensure the accountability of the Department and the agencies involved in dealing with domestic abuse incidents and prosecutions. It can collect, disaggregate and widely publish data that will help to spot emerging patterns and trends, and it can build confidence among the organisations that support victims of domestic abuse.”
“<BR /> <BR />Amendment No 11 is about independent oversight. Independent oversight of the implementation of the legislation will bring a wide range of benefits that will be of such importance from when the legislation is rolled out until it is fully embedded. It will make it mandatory for whoever is responsible for the independent oversight to report annually on the implementation of the legislation. As has been said, this is new and we are trying to get it right at this stage. Other legislators in other jurisdictions are going at it time and time again, but we are trying to get this right and to get it done first time. Further still, it will provide crucial oversight on the content and review of guidance, the importance of which has been, and presumably will be again, emphasised by other Members.”
“This will be new to many of these officers, but if we are to properly protect victims from abuse, a huge amount of responsibility will fall to those officers, and it is crucial that they are properly supported in their efforts. <BR /> <BR />Through our discussions with officials, it became apparent that this clause would need to be strengthened. I believe that the Minister's amendment No 10 does that, and I am happy to support it. It will ensure that, legally, training must be provided to personnel in the PSNI, the PPS and any other body that has functions in the criminal justice system in connection with this offence, including the Courts and Tribunals Service and any other agency of the Department of Justice. It will ensure that such training must be provided at least annually and that it is mandatory.”
“Since the beginning of the process on the Bill, the need for adequate training and resourcing has been a core theme. We all agree that the legislation provides a drastic step change in our approach to tackling domestic abuse by ensuring that the new domestic abuse offence more accurately encapsulates the horrors of domestic abuse, but, in order for the legislation to be effective, it is crucial that we get the training aspect right. Given that the new offence relates to a course of behaviour, this will require the exercise of judgement by the police when they gather evidence and when they attend incidents of domestic abuse. Therefore, a clear understanding and recognition of the behaviours associated with non-physical abuse is of paramount importance.”
“<BR /> <BR />The Assembly approved the Committee's amendment at Consideration Stage, but, following discussion with the Department's officials, it became apparent that further work was needed. That has been done, and the amendment has been strengthened. The current amendment No 1 does this. The officials presented an overview of the amendment to the Justice Committee, and, following discussions, the Committee recommended expanding amendment No 1 to include preschool children within its remit. It is to the Department's credit that it moved swiftly and efficiently and ensured that preschools are included in amendment No 1. I support that amendment.”
“Domestic abuse has been identified as an adverse childhood experience and can lead to emotional, physical and psychological harm. Operation Encompass, or information sharing with schools, aims to mitigate that harm by enabling immediate support and helping to make a child's day better, with something simple, such as asking them, "Are you OK this morning?". Key to that is providing a secure and sympathetic environment for children. <BR /> <BR />The Chief Constable himself raised the subject of Operation Encompass when he gave oral evidence to the Committee in February. He advised that he wanted to see it brought to fruition here. In my constituency of South Down, a pilot on Operation Encompass is due to take place shortly. It has the potential to drastically improve the lives of many children across all types of school.”
“I do not wish to rehearse all that has already been said. I support amendment No 1, which is probably the simplest of the amendments that we looked at. We welcome the Minister's amendment on Operation Encompass. Our party has been stressing the importance of Operation Encompass from the beginning of the Bill's legislative process. My colleague Linda Dillon raised the issue at every Committee meeting. Linda insisted that it was a simple but effective tool that the PSNI could use in dealing with a domestic abuse incident where a child has been involved. <BR /> <BR />Operation Encompass is an information-sharing mechanism that allows the police to communicate with designated persons in a school to inform them of instances of domestic abuse that involve a pupil at that school.”
“Given that dangerous goods are not listed in the Irish protocol, as well as the need to ensure the continued alignment with the technical regulations at the end of the Brexit transition period, my party will be supporting the statutory rule.”
“The purpose of the rule is to correct legislation that would otherwise cease to function properly at the end of the Brexit transition period. The proposed rule will ensure that the Carriage of Explosives Regulations 2010 will continue to operate as before by ensuring that the regulatory framework for the carriage of class I goods will remain in place. The regulations relate to health and safety protocols for the transportation of dangerous goods. Therefore, it is only right that those involved in such transportations are offered the same protections post-Brexit to allow the safe and secure transport of dangerous goods.”
“The statutory rule will not, in itself, increase the complement of High Court judges; it merely increases the statutory limit. I encourage the Department to carry out further work to examine whether there is scope to increase the High Court judicial complement and to assess the impact that that would have on the speeding up of justice. The Department needs to do all that it can to recruit additional judges to ensure that the diversity of the judiciary is increased. <BR /> <BR />My party supports the motion.”
“This statutory rule will increase the statutory limit on the number of High Court judges from 10 to 15, which will allow for the appointment of part-time judges. As has been said, that will allow for headroom where judges are required for unforeseen pressures and circumstances. We have read and heard statistics being rehearsed over the last number of months that have made it clear that COVID has increased the backlog of cases that are waiting to be heard across all court divisions. Although that increase is concerning, concern about the backlog of cases waiting to be heard existed prior to COVID. There is a major need to increase the speed at which cases are heard and progressed, and key to that could be increasing the number of High Court judges who are available for trials.”
“I understand that the fund can be used for community asset transfer. In my constituency of South Down, a mental health charity called Mind Your Mate and Yourself (MYMY) is seeking a site from the Department of Education in Castlewellan — the former Ardnabannon education centre. Is the fund appropriate for it to apply to?”
“The Member outlined the actions that the Commission has taken. What actions will it take to ensure that the Youth Assembly is inclusive and representative of our increasingly diverse society?”
“Minister, you may be aware that in the Downpatrick area of my constituency of South Down there is a serious shortage of special school places. I take this opportunity to commend the great work and leadership of Knockevin Special School. It is well oversubscribed, indicating that there is a need for increased provision in our area. Will the Minister commit to looking into that in order to ensure that provision is available for local families in the area so that they do not have to travel miles for a suitable placement?”
“I thank the Minister for her answers so far. Minister, what is your Department doing to ensure that people are aware of the benefits that they are entitled to and take up the help that is available to them?”
“The Minister has noted that both Ministers and the two police services see domestic abuse as a priority area of shared work, and that is welcome. A particular focus should be on those living, working and residing in the wider border regions. Can the Minister outline some details of her discussions with Minister McEntee about any joint work that was done to tackle domestic abuse during the recent pandemic?”
“Ministers will be aware that the lack of clarity and preparedness on the implementation of the protocol will have a real impact in economic terms. Can the joint First Minister set out the primary issues of concern at the minute?”
“Minister, has there been an assessment of the impact of reducing statutory obligations in respect of special educational needs to what are best described as best endeavours, and what effect has that had on the children?”
“It is concerning that some employers have recently adopted policies of firing and then rehiring workers under poor terms and conditions, such as zero-hours contracts etc. Will the Minister look to amend the legislation to ensure that workers are not open to that exploitation in such a way?”
“<BR /> <BR />I also welcome the fact that this clause provides that a child only has to see, hear or be present during the abuse to constitute the aggravation, and that amendment No 7 will provide that the child does not have to have any awareness or understanding of the perpetrator's behaviour. These clauses will go some distance to protect children from the horrors of this abuse.”
“Research has shown that adverse childhood experiences have long-term impacts on children's mental, emotional and physical well-being. Clause 8 provides for an aggravation of the domestic abuse offence where the victim in the relationship is under the age of 18. Clause 9 provides for an aggravation where a child is involved. I want to note the importance of these clauses. As we know, lots of times the domestic abuse may be targeted at a partner in an intimate relationship, but children often carry a huge burden from the abuse, and they themselves are victims. Such abuse can have a long-lasting impact on the child, and it is only right that that impact be recognised in the law through this aggravation.”
“Murder is the ultimate act of control. It was the next step on his journey. The domestic homicide review in that case stated that they had been suffering intense domestic abuse for many years and did not know it, but there was no physical abuse. That is a heartbreaking case, but, as we know, that type of coercive control and abusive behaviour happens every day across the country, and there are many victims like Claire and Charlotte Hart who are stuck in abusive relationships and need our protection. <BR /> <BR />The legislation will create laws that will provide protection from all types of domestic abuse, from sibling to sibling to parents and grandparents. The Bill also includes additional protections for children. Children are the hidden victims of domestic abuse.”
“Some organisations raised questions around that during the Committee Stage, but it was established that clause 5 is necessary in cases where an individual may have suffered considerable abuse over a period of time but, due to its extent and nature, it has become normalised and, as a result, the person is unaware that they have been abused. <BR /> <BR />As Sinéad Bradley said, the Hart case was one of the most stark. Luke Hart said that his father spent most of his time belittling his family. He used money as a way to control, stopped his wife going for a coffee, told his daughter that she was stupid and said that his sons were not real men. Then, after years of abuse, he killed them with a sawn-off shotgun. When speaking to the BBC, last year, Luke said that the violence seemed to come out of nowhere but control had always been growing.”
“Most of the abuse reported was psychological, including threats, intimidation and mockery. Hourglass also warned of a significant increase in the abuse and neglect of elderly across the North due to lockdown and self-isolation during the pandemic. We need to support the voluntary and community organisations that have mobilised during the COVID crisis to assist and protect the vulnerable. <BR /> <BR />I, therefore, greatly welcome clause 5, which defines broadly the types of relationships to which the new domestic abuse offence will apply. Many view domestic abuse through the outdated and uninformed lens of intimate relationships, but clause 5 ensures that other relationships, including children, parents, grandparents or siblings, are included. It is an important clause that ensures that protections are provided in the Bill.”
“<BR /> <BR />Clauses 1 to 4 are a radical departure from the existing legislation that has failed victims for so long. We all know that domestic abuse is not just physical violence but often includes psychological abuse, threatening behaviour and financial abuse. We know that domestic abuse can involve isolating victims from their friends, family and other sources of social interaction, depriving victims of their freedom and controlling their day-to-day activities. There is humiliation, degradation and intimidation among much else. It is usually damaging and repulsive behaviour, so I am thankful that the legislation will recognise it for what it is. <BR /> <BR />The Hourglass charity deals with the abuse of older people. It warns that over 20,000 elderly people in the North are abused every year.”
“It is a significant day for me as an MLA as I debate my first bill on the Floor. It is legislation that I have been scrutinising along with my Sinn Féin colleagues and my colleagues on the Justice Committee. The Bill will make a real difference to many lives across the North. As many of my colleagues on the Justice Committee have done, I thank those who gave such powerful testimony. At times, it was harrowing and heartbreaking to listen to, but they did it, and they did it with dignity and gusto, knowing that the small glimpses of what they had to suffer that they gave us would shape the Bill. The new domestic abuse offence is what makes the legislation such a transformative Bill and one that will make tangible differences to the lives of many.”
“Minister, you outlined how this support compares with what is available in Britain. Will you give us a brief outline on how it compares with what is available in the South?”
“It is innovative, it is successful, and it is the type of radical reform that we need to see if we are to truly develop a justice system that looks after the best interests of victims and witnesses.”
“<BR /> <BR />It is vitally important that the other recommendations of the Gillen review that fall under the jurisdiction of the Department of Justice are made a priority so that the system can finally begin to treat victims with the respect, dignity, efficiency and competency that they deserve. Although tackling delay in the justice system is an absolute priority, we can do better in how we treat victims, including vulnerable and/or young witnesses. Gillen made two specific recommendations relating to the successful Barnahus system, which the Children's Commissioner described as:”
“The Bill will be an important way in which to support victims, but it is not the only solution; it is merely one piece of a wider problem that must be addressed. To that end, it is welcome that, during the summer, the Department of Justice published the Gillen review implementation plan, which Department of Justice officials briefed the Justice Committee on recently. It includes time frames for processing the recommendations. I welcome the Minister's intention to legislate for a number of Gillen recommendations as part of the Justice (Miscellaneous Provisions) Bill later in this mandate. I encourage the Minister to ensure that, even though a high number of Bills will be processed during the remainder of this mandate, the miscellaneous provisions Bill completes its passage during this mandate.”
“It also stated that expanding the number of offences subject to direct committal to include sexual offences would reduce the anxiety for victims and should reduce delay in the case progression. Although the Bill, if passed, will go some way to rectifying that problem, it must be noted that behind every statistic is an individual. The victims who are at the heart of this have been subjected to some of the most horrific crimes. Victims have been let down by the system for too long, because too much time has been taken to deal with the case, or there has been a failure to deliver an acceptable outcome. Although the number of serious sexual offence crimes being reported is increasing, the conviction rate remains unacceptably low.”
“I want to take some time to speak about the Gillen review. The recent Department of Justice figures show that, on average, it took 698 days to complete serious sexual offence trials in 2018 and 2019, which was up from 470 days in 2015 and 2016. The Gillen review stated that the current system:”
“I welcome the Criminal Justice (Committal Reform) Bill. It arose from the New Decade, New Approach deal in January, as part of the reform to direct committal proceedings. It will mean that rape and serious sexual offences are to be added to the list of specific offences under the 2015 Justice Act and, therefore, allow such offences to bypass the committal process and be directly committed to the Crown Court. That was a key recommendation of the Gillen review into the law and procedures in serious sexual offence cases. Recent figures show that the major delays in the justice system disproportionately affect those cases which involve serious sexual offences. It is, therefore, vitally important that such offences will be directly committed under the Bill.”
“Minister, your tourism recovery steering group, along with NILGA, has acknowledged that, despite the decline in our tourism sector, all-Ireland tourism has increased and that has helped to ensure that our hotels and B&Bs can stay in business. You touched on this, but will you bring forward a specific proposal to ensure that there is growth in the sector and to compensate for the loss of tourism from overseas?”
“Will the Minister provide an update on the development of the sexual orientation strategy?”
“I apologise for not being in my place earlier during the previous Question Time. <BR /> <BR />Does the Minister agree that a no-deal Brexit will leave our criminal justice agencies at a disadvantage in tackling crime, particularly along the border corridor?”
“I thank the Member for his intervention. <BR /> <BR />I noted earlier the vast array of implications that modern slavery can have for victims and that such impacts are so profound that it is unfair to expect a full recovery to take place in such a short time. I would like to see a statutory requirement on the state to provide support and leave to remain for as long as is necessary to facilitate victims' recovery. Nonetheless, I support the motion. <BR /> <BR />Last week, in the House, a Member said that it was not the time for strategies. Now is the time for this strategy. Now is the time to get this right. A great saying that, sometimes, we need to be reminded of is, "A goal without a plan is only a wish." People who are subjected to trafficking and modern slavery need much more than just a wish.”
“The House of Lords' Bill will assist us in our efforts to deliver on that aim, and, for that reason, I am happy to support the motion. However, I echo my colleagues' concerns that the 12-month limit to the statutory provision of support in the Bill is not enough, nor is the 12 months leave to remain.”
“The Department of Justice and the Assembly have done a lot of work, which is very welcome, in tackling modern slavery and human trafficking. It aims to prevent people from getting drawn into slavery by reducing the vulnerability of those who may be targeted by traffickers and enslavers and ensures that the public are equipped to spot the signs of exploitation and report any suspicions. <BR /> <BR />The then Justice Minister, Claire Sugden, stated in the second annual Human Trafficking and Modern Slavery Strategy:”
“It rips apart victims' lives and robs them of their human rights.”
“All those things are very often taken so cruelly by traffickers, who then exploit their victims.”