Colm Gildernew
Fermanagh and South Tyrone · Sinn Féin · Northern Ireland
“I thank the Minister for his statement. I have been working with Dungannon Chamber of Commerce and Industry. It will welcome this work, particularly in light of its concerns about vacancy and protecting the retail heart of towns such as Dungannon.”
“I thank the Minister for his answer. Minister, you said that there has been an improvement. However, recently, there were reports of over 1,400 patients waiting more than 28 days. How will you ensure that trusts consistently meet the targets for suspected cancer appointments in particular?”
“However, the Committee will want to examine carefully how any new or amended powers would operate in practice. Powers relating to information sharing, official warnings, directions, removal from office and disqualification can have significant, long-standing consequences for charities, trustees, staff, volunteers and, indeed, public confi…”
“<BR /> <BR />The regulations are consequential to the uprating order and provide the supporting technical changes needed to ensure that the revised benefit rates operate correctly. The regulations increase the earning limit for carer's allowance from £196 a week to £204 a week.”
“In response to those findings, Minister Hargey introduced the Charities Bill, which was enacted in 2022. The legislation put in place many of the review's priority recommendations in the limited time remaining in that mandate. The Charities (Amendment) Bill represents the next stage of that reform programme.”
“The Committee will wish to explore the implications of those changes, including for organisations operating across jurisdictions or delivering charitable activity in or from the North. Our charity sector includes a diverse range of bodies.”
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“The trusts provided information on protests and the action that each trust was taking to mitigate the impact on staff and patients at premises in which non-commissioned early medical abortion services were being provided.”
“In its correspondence, the Committee recognised the right to lawful and peaceful protest but highlighted concerns that patients and staff may feel intimidated or harassed. In responding to that letter, the Minister of Health indicated his willingness to work with the Minister of Justice on that cross-cutting issue. The Minister also indicated that the development of a service specification model for the commissioning of abortion services was under way and that that work would take account of the need to provide those services in a way that protected patients and staff from obstruction or intimidation. The Minister of Justice indicated her willingness to bring forward legislative proposals to provide for exclusion zones but advised that legislation was not likely to be progressed in this mandate.”
“<BR /> <BR />As I mentioned, during the Committee's consideration of the SFIA Bill, the issue came up in evidence a number of times. A number of those who submitted evidence highlighted the difficulties for women in accessing healthcare services. At our meeting on 8 July, we discussed the issue with the chief executives of the trusts. The Committee was concerned by the evidence that it heard from the chief executives on the number of reports that had been made to the PSNI and on the use of trust resources to improve security at trust premises. <BR /> <BR />Following the briefing, the Committee wrote to the Department of Health, the Department of Justice, the PSNI and the trusts to ask what measures were being taken to address the issue.”
“The trusts' chief executives raised the issue of protests and highlighted their concerns for service users and staff. I will return to that a bit later. <BR /> <BR />The Bill has a number of policy objectives, including ensuring that women and others visiting or working in premises are not approached in an unsolicited manner, and prevents activities designed to cause distress or to deter a person from approaching the building. The Bill places obligations on the Department of Health to create safe access zones, to designate the extent of the zone, to consult on the zone and to publish an annual report highlighting the effectiveness of the safe access zones. It also creates a series of obligations on constables in relation to the monitoring and enforcing of safe access zones.”
“I welcome the opportunity to make some initial remarks on behalf of the Health Committee outlining the Committee's consideration of the Bill before speaking as my party's health spokesperson. <BR /> <BR />As the Member outlined, this relatively short Bill of 13 clauses requires the Department to establish safe access zones around abortion clinics to protect the women who use the clinics and the staff who work in them and, indeed, in other healthcare services that are delivered in that area. The Bill makes it a criminal offence to harass people in a safe access zone around the clinics. During the Committee's consideration of the Severe Fetal Impairment Abortion (Amendment) Bill — the SFIA Bill — it took evidence from the trusts.”
“Thank you for your answer, Minister. Conor Burns claimed that his Government were willing to listen to alternative legacy proposals but said that there needed to be consensus among political parties here. Do you agree that the legacy mechanisms in the Stormont House Agreement represented such a consensus and that the British Government should stop stalling and get on with implementing them?”
“I also welcome my fellow constituency MLA Deborah Erskine to the Assembly, and I look forward to working with her on behalf of all of the people of our constituency. <BR /> <BR />In that respect, Minister, I am sure that you will join me in welcoming the fact that the high street voucher scheme is finally under way. Do you also agree that longer-term strategic support is needed to revitalise our high streets sustainably and properly?”
“I thank the Minister for her statement. She referred to the importance of close cooperation in our response to the COVID-19 pandemic. Does she agree that we need to learn the lessons from having a fragmented approach to public health and that what we now need to see is greater cooperation and partnership between both Departments on the island as we step our way through the pandemic?”
“Will the Member concede that there is evidence that there are 2,573 persons dead as a result of COVID-19 here in the Six Counties and further thousands across the island of Ireland, and that our health services are operating today at 105% capacity as a result of COVID-19? That evidence is in front of us very clearly.”
“In so doing, it is crucial that we monitor the impact of the restrictions, because, while we hope that we are moving forward, we must also prepare for the possibility that there could be further variations that pose unique challenges. In that context, it is important that we monitor compliance with the regulations and the impact of them as we go forward in order to inform and advise future work and policy.”
“The Committee has written to the Department to request that, at future briefings on such regulations, in addition to the attendance of the officials who draft the rules, officials attend who are able to provide information and answer members' questions on the evidence underpinning any given rule changes. That would include the impact of the rule changes and the broader policy context for them. The Committee agreed to recommend that these health protection regulations be approved by the Assembly. <BR /> <BR />I will make a few brief remarks in my role as health spokesperson. I reiterate that we all travel in hope that we can continue the progress that has been made in moving out of the pandemic and the extraordinary pressures that it has placed on our community and our health service.”
“At the previous debate on coronavirus regulations, I mentioned that members continued to voice their frustration at the lack of evidence provided to the Committee to enable it to consider how the Department advised the Executive and the probable impact that the easing of the restrictions would have on transmission of the virus. The Committee is keen to see that learning from the past 18 months has been captured, communicated, understood and implemented and that the learning is used by the Department of Health to inform the Executive on future decisions.”
“Indeed, I reiterate the Minister's call for people to abide by the guidelines and restrictions as a minimum and to do everything that they can up to and over and above that point, if possible, to protect themselves, their communities and our health service. Again, I encourage all those who are eligible but have not yet had their vaccine to get vaccinated. It is the best way to protect ourselves and others as we continue to come out of restrictions. <BR /> <BR />The Committee was briefed on the regulations at its meeting on 16 September.”
“I take the opportunity to pay tribute to all the Health and Social Care staff who are still feeling the effects of the pandemic. For over 18 months, they have worked above and beyond what could have been expected of them, and pressure continues to be apparent throughout the system. I hope that, over the coming months, we will see a return to more normal working practices in our hospitals and healthcare settings. That is why it is important that we continue to follow the guidance from the Executive and do what we can to protect the health system and ensure that staff can be supported throughout the pandemic.”
“I will make some very brief remarks as Chair and then make a few remarks as party spokesperson for health.”
“While it is welcome that the definition has been broadened to encapsulate the witnessing and hearing of harm that is done to others and the impairment that that may cause to a child's development, it remains an issue of concern that the definition of harm in the Bill has not taken cognisance of the further definition in the domestic abuse legislation at this point. Officials confirmed to the Health Committee that they are considering an amendment on that. I welcome that indeed. <BR /> <BR />Domestic and sexual abuse are amongst the worst causes of child developmental impairment. Children must be protected from that as a priority. As the Minister said, work is only beginning on what is a hugely important and complex Bill. I look forward to further scrutiny of it.”
“person, such as in domestic violence. Ill treatment is already defined in article 2 of the Children Order. It is broader than physical violence and includes sexual abuse and forms of ill treatment that are not physical. The effect is that any harm that a child suffers because a parent is being harassed or intimidated is included in the definition of harm. The amendment will apply to all proceedings where the court applies the welfare checklist that is set out in article 3(3) of the Children Order. That includes proceedings for contact or residence orders.”
“We must ensure that those who live in border areas and those with family ties are not placed at a disadvantage. <BR /> <BR />On the definition of harm, which I have touched on, clause 133 amends the definition of harm in the Children Order to make it clear that harm to a child who may be at risk of suffering includes any impairment of the child's health or development as a result of:”
“To suggest that additional barriers being placed on those potential kinship adoptions would be in the child's best interests is not credible. The average estimated cost of an inter-country adoption, as identified by RaISe, is over £5,000. While the Bill states that the Department may determine the fee or, indeed, waive a fee, as it sees fit, it is unclear what principles would guide the Department in making that decision on fees. <BR /> <BR />As well as that, the addition of clause 82 makes it an illegal offence to bring a child into this jurisdiction without prescribed procedures. Given our unique circumstances, it is important to ensure that there is alignment on that North and South and an understanding that there are many families who live less than one mile apart but are technically in two different jurisdictions on the island.”
“That has the potential to adversely affect those with familial ties to a child who resides in this jurisdiction if the adopter lives in the Twenty-six Counties. It is incumbent on the Minister and his Department to make sure that those who have familial ties in the Twenty-six Counties are not disadvantaged. I include especially the primacy of the child's best interests in that issue should people potentially have to pay a fee or to cross other barriers or hurdles in order to progress an adoption. Due consideration must be given to those in border areas who may have formal or informal care arrangements in place. <BR /> <BR />As we all know, many families in border communities are separated by that border yet may live only a few hundred yards apart, potentially on the same road or indeed even, on occasions, on the same farm.”
“I referred to the inter-country adoption issue. Regulations that are made under section 1 of the Adoption (Intercountry Aspects) Act 2001 provide that:”
“It is often cited as one of the most difficult and stressful tasks for any social worker to be involved in, due to the competing priorities of parental rights and the paramountcy of the child's best interests. Often, those are difficult decisions and complex balances to be wed. We must ensure that there is circumspection, support and that everyone is aware of the impact on everyone, particularly the child who is at the centre of the proceedings.”
“While scrutinising any legislation that deals with potentially vulnerable children and young people, it is essential that we focus our efforts on making sure that the process is transparent and that those in adoption agencies, and the Department generally, are accountable and that their efforts are focused on the best interests of the child, as set out in the legislation. <BR /> <BR />There are only six months left of this Assembly mandate and, given the workload involved, that does not give the Health Committee a great deal of time for scrutiny. Adoption is one of the most emotive situations that a child or family can experience, and it is often a great source of tension in family units. The work done in that regard by social workers and others who work in the field cannot be commended highly enough.”
“We need to see how we can best support children, young people and families in those situations, and officials have committed to providing the Committee with a written briefing on that matter. <BR /> <BR />Committee members raised many other issues during the briefings. Providing the Bill passes its Second Stage, the Committee looks forward to engaging with stakeholders and scrutinising it in further detail. <BR /> <BR />I would now like to make some remarks in my role as Sinn Féin health spokesperson. A chairde, this is a substantial piece of legislation that has been long overdue since the initial Adopting the Future draft strategy. We in Sinn Féin welcome the opportunity to speak about the Bill, given its importance and the effect that it will have on so many children and families.”
“At the briefing with officials, I and other Committee members raised the issue of cross-border care and asked how the Bill will provide the best care outcomes when families reside across the border, in some circumstances only a few hundred yards away. Officials advised that any official cross-border arrangements would be classed as inter-country adoptions and would require a different set of rules and processes. The Committee will consider that further during evidence. The key to providing the best care that we can to vulnerable children and young people is to place them in the best and most appropriate form of care. That may include placing them in existing family structures — sometimes referred to as kinship care — including those that may be across the border.”
“The Committee is all too aware of the significant disruption that there can be to the education of children in care and that their educational achievement can suffer due to that. Although it welcomes that duty, the Committee is keen to see what it means in practice for children and young people. It would like to know how that will be measured, how the outcomes will be reviewed and what continued and ongoing scrutiny there will be to ensure that that happens in a positive way. <BR /> <BR />The Committee is aware that there are informal and formal care arrangements in place for children, especially in border regions, where many families are split across the border.”
“I will return to that point in more detail later. Officials stated that they are considering tabling an amendment to that clause that would change the definition. The Committee will consider that during its scrutiny of the Bill. <BR /> <BR />During the briefings, there was discussion about what is meant by:”
“The Committee looks forward to receiving that breakdown at the earliest opportunity. <BR /> <BR />Committee members were briefed that significant consultation and engagement with stakeholders had been undertaken by the Department over a number of years. The Department agreed to provide further information on the consultations that it had undertaken and to outline the clauses that stakeholders had indicated concerns with. <BR /> <BR />Committee members discussed definitions in the Bill and, specifically, its definition of "harm". The Committee welcomes the change to include harm that is caused to a child by seeing or hearing the ill treatment of another person. However, Committee members asked further questions about why it did not include the definition of harm as per the recent Domestic Abusive and Family Proceedings Act.”
“Officials provided a detailed briefing over the two weeks, a number of matters were discussed and officials agreed to provide the Committee with further information on a number of other matters. I will outline some of the matters that were discussed at the briefing. <BR /> <BR />First, members asked about the resources that would be required to bring forward the proposals. The Committee understands that significant recurrent funding would be required to take forward the proposals, including the new provision for an assessment of need. The Committee was advised that the estimated cost over the first three years would be £38 million. Departmental officials agreed to provide a further breakdown of the resources that would be required for the adoption and children's needs provisions in the Bill.”
“It introduces a special guardianship order, which is intended to provide greater permanence for children who cannot return to their birth families; statutory advocacy services for looked-after children and former looked-after children; a power for authorities to provide accommodation to a disabled child for the purposes of short-term breaks; and a new important requirement for authorities to promote the child's educational achievement. It also amends the definition of harm to include harm caused to a child by seeing or hearing ill treatment of another person. <BR /> <BR />Due to the size of the Bill, departmental officials briefed the Committee on its principles over two weeks: the first week was on adoption services and the second on the Children Order.”
“We should all be careful with our language. However, at times, there may be legal requirements whereby certain terms are recognised, but I take the Member's point on board. <BR /> <BR />The Bill enables the Department to establish an independent review mechanism for the assessment of prospective adopters and introduces a new legal framework for disclosure of information and establishing contact. <BR /> <BR />The Bill makes a number of changes with regard to extending and strengthening the Children Order to enhance services to children and young people. Those include reducing the time that a child is required to have lived with a foster carer from three years to one year before a foster carer is permitted to seek a residence order, which stipulates the person with whom a child should live.”
“That shows that significant work needs to be undertaken to improve our services and processes. <BR /> <BR />As the Minister outlined, this significant Bill changes the adoption landscape and brings forward much-needed reforms in the system, which, hopefully, will improve outcomes for children, young people and families. The Bill seeks to do some key things, including aligning adoption law with the relevant provisions of the Children Order to ensure that the child's welfare is the paramount consideration in decisions; and providing a new right for adopted children and adoptive parents to request an assessment of their needs for adoption support services.”
“Members were advised that there has been a 30% increase in the number of looked-after children in the North since 2010, and there have been between 91 and 168 adoptions a year over the past five years. <BR /> <BR />Members were also advised that there are formal targets for the completion of the adoption of children in care. The current target is that 90% of all adoptions of children in care should be completed within three years of their last entry into care. That target has not been met for a number of years. The last data that we received showed that, in 2019-2020, only 57% of adoptions were completed within three years. Members were advised that the average duration was three years and one month, which compares with one year and 11 months in England and two years and two months in Wales.”
“<BR /> <BR />It is therefore frustrating that, after such a long wait and delays, the Bill, with 160 clauses and five schedules, was introduced in the Assembly with less than six months until the end of the mandate. In order to allow the Bill to pass through its stages, the Committee will have three months at most to consider it. That is on top of the Committee considering at least another five pieces of important legislation over the coming months. That provides the Committee with very limited time to scrutinise a detailed Bill that will have a significant impact on some of the most vulnerable children and young people, and, indeed, foster parents and adoptive parents, in our communities. <BR /> <BR />The Committee was briefed on adoption by the Assembly's Research and Information Service (RaISe).”
“<BR /> <BR />It is worth bearing in mind that, while the title of the Bill is the Adoption and Children Bill, this is really the adoption of children Bill. We need to keep that to the forefront of our minds as we move through. <BR /> <BR />I welcome the opportunity to make some initial remarks on behalf of the Health Committee outlining the Committee's consideration of the Bill before speaking as my party's health spokesperson. The Committee welcomes the Bill being brought forward by the Department. It has been a long time in the making, going the whole way back to the draft strategy, Adopting the Future, in 2006. The Bill seeks to implement the proposals in that strategy and to make amendments to the Children (NI) Order 1995.”
“Before I start, I extend my best wishes and solidarity to the Minister in the face of the disgraceful and appalling threats that were made. I extend my best wishes to him and his family. It is disgraceful that a Minister, in the course of his duties, is threatened in such a way. <BR /> <BR />I also declare an interest in relation to issues arising from the Bill. Previously, I worked as a social worker, and I continue to be on a career break from one of our health and social care trusts. <BR /> <BR />It is particularly poignant that we are discussing the Bill this morning at the same time as the truth recovery design panel's report is being launched. That is poignant and salutary with the issues that face us today in considering a complex and deeply important Bill for those whom it will impact.”
“I thank the Minister for her answer. However, I have been in correspondence with NI Water in relation to Aughnacloy, where it has been confirmed that no further connections to the sewer system can be permitted. NI Water has stated that it has no allocation in the 2021-27 business plan and that, as such, no time frame can be provided for when the necessary upgrades will be taken forward. That is having a serious impact environmentally and on people who are building houses and on economic development in my area and in the region of Aughnacloy. When will Aughnacloy's waste water capacity be addressed?”
“Does the Minister agree that improving recruitment to the Civil Service is crucial in addressing the deficiencies highlighted by the RHI inquiry? Will he outline the ongoing work in that area?”
“Health and social care is under severe pressure in terms of demand and the provision of services. What discussions have you had, Minister, with your Executive colleagues to ensure that health will be prioritised in the forthcoming Budget?”
“You mentioned support for adults and parents. A significant issue was raised at the all-party group on carers this week: the siblings of children with autism often struggle to be recognised in the education system as being carers as well as young children. That can create difficulties engaging with education. They also need attention and support.”
“I thank the Minister for facilitating a meeting that I will have tomorrow with senior officials from his Department about the autism strategy, the autism forum and the issues that have already been raised in the House today and those that will be raised throughout the debate.”
“<BR /> <BR />COVID-19 has had a huge additional impact on families and those with autism. Usual routines or coping strategies were denied, and lives that were already difficult were turned upside down. Many families are struggling and are at breaking point, which is often overlooked. It is also relevant today to, once again, acknowledge that we have not provided additional support to carers to make up for the supports that were withdrawn as a result of COVID. Those have not been fully rebuilt. We have not done anything additional even to acknowledge the work of carers, and they are struggling — no question. <BR /> <BR />Sinn Féin supports the principles of the Bill. We are eager to engage on its substance clause by clause.”
“Sinn Féin is concerned about the services that are provided to those with autism and their families, including access to assessments, follow-on support services and early intervention. I acknowledge that the Minister has agreed to improve the collection of data so that we can get a better idea of the picture of how many people are having to privately access assessments, which are so badly needed. <BR /> <BR />The interim autism strategy that was launched by the Department is not up to the task of improving the lives of and outcomes for those with autism or their families. Sinn Féin brought a motion to the Assembly on 11 May that called for a longer-term strategy to be co-produced with the sector. It was amended by the DUP to include measurable targets, which we supported. The motion was strongly supported in the House.”
“We are all aware that those are the difficulties and that there are very difficult situations to deal with individually and collectively.”
“In the midst of all that, her day-care centre closed as a result of an emergency admission, which left her struggling and, at one point, in the heartbreaking situation of having to consider whether she was able to manage with both of her children or whether she would have to, in their interests, ask the state and the health services to provide care for that child. The situation was addressed over time and some support was put in, but she struggled and came very close to breaking point. Having heard from her about some of the situations, I honestly do not know how she coped; at times, she had to choose which of the appointments she would take and which she would reject and maybe not get rescheduled for a long period.”
“I have experience of that, as I am sure that we all do. I have met with literally hundreds of people who are struggling with autism, and I will very quickly touch on one case that I dealt with a couple of years ago, pre-COVID, which highlights how difficult it can be. <BR /> <BR />It was the case of a woman who was on her own. She had two children, one of whom had a diagnosis of autism and the other of whom was going through the process of having a diagnosis confirmed. That diagnosis was eventually confirmed. She was struggling on her own to get services for the child who had already been confirmed as having autism and to get the assessments done.”
“I will now make some remarks as Sinn Féin's health spokesperson. I want to recognise that there is a considerable network of families, activists and organisations that are interested in improving the outcomes and lives of those with autism and their families. Those include Autism NI, the National Autistic Society (NAS) and other groups, collections of individuals and individuals who have struggled and worked together to try to improve services across this area. I also acknowledge Pam Cameron from the DUP for bringing this Bill forward and recognise the cross-party support and ongoing work of the all-party group on autism. All parties, including mine, are on that all-party group. <BR /> <BR />We all understand the huge difficulties that many people in our community encounter when dealing with autism and getting services in the first place.”
“Further information on that can be found on the Committee's website. Provided that the Bill passes Second Stage, the Committee looks forward to engaging with stakeholders and scrutinising the Bill in further detail.”
“There was discussion about some very good examples of training of some front-line staff and about how there needs to be learning and sharing of that best practice. There was also some discussion about why legislation was required and why this could not be better delivered through the autism strategy. Members raised the need to provide autism awareness to children and young people in schools and the need to provide support for adults with autism and their carers. <BR /> <BR />Following the Bill passing First Stage in July, the Committee agreed to go out for consultation. That was due, in part, to the significant and very heavy legislative schedule that the Committee will have over the coming months. I take this opportunity to encourage organisations and individuals to take part in the consultation process.”
“The Bill outlines that the role of the reviewer includes monitoring the implementation of the autism strategy, considering funding arrangements in respect of autism, keeping the effectiveness of the law, practice and services relating to autism under review and commissioning research on autism. <BR /> <BR />During the briefing, Committee members asked a number of questions about the Bill, including questions about the proposed costs of the reviewer and of the implementation of the early intervention service and autism information service. The proposer advised that the Assembly's Research and Information Service (RaISe) is undertaking research on the costs relating to the Bill. We look forward to seeing that research in due course. <BR /> <BR />Members also asked questions about autism training for staff.”