Rachel Woods
North Down · Green Party · Northern Ireland
“We have to get it right, but we are not starting from scratch. We only have to look across the water or down the road to the public and private sectors that already offer that type of leave. <BR /> <BR />I now turn to the comments of other Members.”
“<BR /> <BR />It is time to end the coercive control that criminal gangs have over our communities. Victim and survivors' voices must be heard and reflected in our laws and policies. Minority groups should not be sidelined or silenced. We need to educate from a very young age.”
“There is no direct cost to employers from safe leave, and it is needed to deal with the issues related to abuse. We need to destigmatise abuse and tackle root causes, misogyny and toxic masculinity. <BR /> <BR />I agree with Mr Weir's comments. We should not need to have the protections in place.”
“I thank every Member who spoke during the debate for their comments and support for the Bill. I will address the Minister's comments first. I thank him for being here, and I am glad that he is feeling better. <BR /> <BR />The Assembly cares, and we need to work constructively together to help.”
“<BR /> <BR />As I said at Second Stage, period poverty must be viewed through the lens of children's rights and how the Bill meets our obligations under the United Nations Convention on the Rights of the Child (UNCRC).”
“<BR /> <BR />I take this opportunity at Final Stage to thank officials and members of the councils who took the time to discuss with me their policies, the background to them and how they are working in practice: thank you for everything that you are doing for your staff, and I hope that, should the Bill pass, your regional Parliaments an…”
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“His view, which is one that I share, is that the gas industry still has Northern Ireland in its sights, and the Executive's proposed energy strategy leaves the door open for fracking under the guise of so-called renewable gas and blue hydrogen production. We cannot allow that to happen. <BR /> <BR />In 2014, Tamboran Resources, one of the companies that is being considered for a petroleum licence by the Economy Department, stated that it was:”
“The onus remains on Ministers to bring forward a comprehensive and unequivocal ban if they want to be taken seriously. Worryingly, the proposed energy strategy includes proposals for blue hydrogen production, a fuel source that has been shown to produce emissions that are up to 20% higher than those of gas. <BR /> <BR />Last Thursday, I attended a virtual event with a long-standing campaigner and actor whom many of you will know as the Hulk. Mark Ruffalo has been deeply involved in anti-fracking campaigns ever since proposals came to light for shale gas extraction in his home state of New York. Perhaps he will be listened to.”
“We are making progress, but there is still much to do. <BR /> <BR />The Green Party will obviously support the Bill at Second Stage because we support the principles of it. However, I, like others, want to raise serious concerns about its detail and limited scope. I am extremely disappointed and concerned that the Executive have failed to implement the clear and unambiguous call of the motion that I brought to the Assembly in 2020, which was agreed to, to implement an immediate moratorium on petroleum licensing until legislation is brought forward that bans all exploration and drilling for and extraction of hydrocarbons in Northern Ireland. <BR /> <BR />The Executive speak regularly of a commitment to phasing out fossil fuels yet have failed to take that critical step.”
“I welcome the opportunity to speak on this long-awaited Bill. My thanks go to all of the campaigners and activists for their tireless work and lobbying to introduce a comprehensive ban on fracking and hydrocarbon extraction in Northern Ireland and to keep the pressure on the Executive parties.”
“I thank the Member for giving way. The Bill sponsor will, I am sure, address this point in her summing up, but my understanding of the Bill is that it is to amend and will insert a new clause into the Petroleum (Production) Act (Northern Ireland) 1964. Can the Member tell me whether that is where any permissions for fracking for water come from?”
“It is also time that we had a proper debate on school starting age more generally. I conclude my comments there.”
“Will they face any barriers when it comes to a school's enrolment numbers? Will they be guaranteed a place in the following year when they have already applied to defer? Those are absolutely critical issues that are not explicitly addressed in the Bill. I understand that they are not in primary legislation and that they are a matter of administration, but they will be key to ensuring that flexibility works properly for those who need it. <BR /> <BR />This Bill is better late than never. It is not acceptable that families have had to wait so long, but it is a missed opportunity when it comes to assisting premature children and those with other issues around illness and disability. I urge the Minister to amend this, perhaps at Further Consideration Stage, if not in the future.”
“We raised an example of a child who is premature but ill and has to spend time in hospital, perhaps for a significant part of their early years, or who is subject to long-term treatment for their health, or children with a disability who may be disadvantaged in starting school at the current compulsory age. Those circumstances are not covered in the Bill, which is disappointing. <BR /> <BR />We support the continuity of early years education and fully support the fact that all children, including those whose parents choose to defer, will continue to receive government-funded preschool provision in their immediate preschool year. That is essential, but I ask for more clarity on the application process. The explanatory and financial memorandum states:”
“Thank you. The Bill is limited in the flexibility that it provides. As others have said, it is narrow in scope and will apply only to children born between 1 April and 1 July when it comes to deferring entry to primary school until the September following their fifth birthday. In our response to the consultation, we noted that there was no mention of providing flexibility when, say, it comes to a child who has been ill, a child who has a disability or in the case of a child where, overall, starting school is not in their best interests.”
“We need to look at the whole package of preschool provision, the interrelationship between learning and play and holistic models of development rather than just measuring outcomes in a restrictive way. <BR /> <BR />I will make some brief observations about the Bill. Aside from —”
“I thank the Minister for her intervention. I welcome that. As a number of Members have said, a lot of our constituents are fighting for their children to have this provision, but it might not be applicable to them or it has passed. Going forward, I welcome that clarification. <BR /> <BR />It might not be an appropriate time to raise this, given that we are discussing a specific Bill, but we need to have a wider debate around school starting ages. The old arguments that starting school early improves attainment or somehow addresses socio-economic disadvantages are not borne out in the research. We need to ask ourselves why other jurisdictions have moved forward and increased their starting age.”
“We had the opportunity to introduce this legislation in 2014. We should have brought it forward much sooner than now. I may have missed it earlier, but I would welcome an assurance from the Minister — I am happy to take an intervention — that the option to defer will be available for those who need it when it comes to this September's intake. The Bill's commencement clause mentions "the day after Royal Assent". I would welcome clarification on what that means for this year.”
“Some stakeholders also highlighted the fact that children who start formal schooling at any age significantly younger than their classmates may have poor educational and social outcomes, which can persist over the course of a child's education. We agree that having a flexible school starting age would meet the requirements under article 3 of the United Nations Convention on the Rights of the Child (UNCRC), which states that:”
“As other Members and the Minister have noted, nine out of 10 responses to that consultation were in favour of giving families the flexibility to defer their child's starting school for a year. That is significant. It will be a huge benefit for those who are born prematurely, for example, or who are very young for their year. It will give them a chance to catch up when it comes to their development. Parents have been crying out for that for years. <BR /> <BR />However, we share the concerns of many key stakeholders that children aged four and five may not be ready for formal schooling and that it will depend on their circumstances.”
“Some Scandinavian and eastern European countries do not start compulsory schooling until the age of seven. Our current system is clearly inflexible, and it is not serving children and their families. Many Members have discussed international research that dates back as far as 1997 and which highlights the differences that adding in some flexibility could have for our children and young people's outcomes. <BR /> <BR />As other Members have mentioned, working with constituents on this issue has been extremely frustrating, because the flexibility that families need is not there. I welcome the fact that the recent consultation demonstrated overwhelming support for getting this fixed.”
“On behalf of the Green Party, I welcome this long-overdue legislation, but I do so with caveats. It is unfortunate that so many families and children have had to go through unnecessary stress and anguish as a result of the failure to implement a very common-sense policy and the fact that our system of government is so inefficient and ineffective at dealing with these sorts of decisions. The Bill was first considered in 2013. It is 2022. It has taken far too long, but I am glad that it is finally here. It opens up the space to have a proper debate about our school starting age. <BR /> <BR />As we have heard, Northern Ireland has one of the lowest school starting ages in Europe, at four years old. In England, Scotland and Wales, it is five, and most children elsewhere start school at six.”
“I thank the Minister for his answer. We have been hearing that work is ongoing on the strategy since the Minister took office. We are also waiting for a long-awaited air pollution strategy. We are breaching legal ammonia limits and air quality limits, and there are around 600 premature deaths a year from dirty air. Minister, how long are we going to have to wait?”
“The time for playground politics is over. It is time for us to do what we are elected to do: to deliver for our people by passing crucial legislation. While other parties manufacture crises, we in the Green Party remain focused on delivering for every person in Northern Ireland.”
“What about organ donation, the flexible school starting age, tackling period poverty and a proper ban on fracking? <BR /> <BR />For 18 months, my staff and I have been working on legislation to protect and support victims and survivors of domestic abuse and to ensure that they have the right to paid leave from work. As a member of the Justice Committee, I have been working on strengthening child protection laws, introducing new sexual offences and human trafficking legislation, all of which are jeopardised by this latest crisis. <BR /> <BR />It is time to let the rest of us get on with our job, which is to legislate to make life in Northern Ireland better. I want Stormont to work. The election in May will give voters the chance to have their say on how they want politics to change — something that is very long overdue.”
“There is the absolutely unforgivable situation in which survivors of historical abuse might not get the apology from the First Minister and deputy First Ministers when they were informed that they would. <BR /> <BR />A raft of important legislation is moving through the Assembly, including a number of Bills that would introduce critical new legal protections for people in Northern Ireland. Should an early election be called, they may fall. What happens about welfare payments? What about the climate Bill, the adoption Bill and the autism Bill? What about the other legislative proposals that were to come from the Executive? What about the commissioning of abortion services and the protection of women and girls accessing those services?”
“Paul Givan's resignation as First Minister on Thursday marks another sad day in our country's political history. The actions of the DUP are completely irresponsible and reprehensible. It is a pre-election stunt. The question remains around what happens to all of the important legislation that we are looking at. If there is any form of early election, and decisions cannot be taken by the Executive, the most vulnerable will be the hardest hit. With no Budget agreed, where does that leave us? How are we supposed to support our local communities? How are we supposed to support our community organisations? They do the fantastic work of supporting our most vulnerable, but they will have to wait to hear, yet again, about funding and whether it is coming.”
“That is because stakeholders also felt that guidance should be provided to public bodies on how to act consistently with the targets and that public bodies must have regard to that. Our view is that such guidance should be produced by the Northern Ireland climate commissioner. Again, should amendments to establish a commissioner be made today, we will table an amendment at Further Consideration Stage to ensure that that is how guidance would be produced. <BR /> <BR />That concludes our contribution on the group 3 amendments. I look forward to the remainder of the debate.”
“detailing plans and policies under clause 16. <BR /> <BR />Public bodies would have to produce reports every two years on their compliance with the duty. It was felt that annual reporting requirements would be too burdensome. Stakeholders whom we spoke to were clear that, if there were to be a reporting duty, it would be important that those reports went somewhere and were actually assessed. The preference was that this would be done by the climate commissioner. Should amendments to establish a climate commissioner be made today, we intend to further amend the new clause at Further Consideration Stage to have the commissioner oversee the operation of the public-sector duty. <BR /> <BR />Proposed new clause 21A(2)(c) states that public bodies must:”
“That includes, at subsection (2), that it must:”
“<BR /> <BR />NILGA representatives reflected on their negative experience of awareness, enforcement and review of the public body duty to promote sustainable development, as I outlined. That negative experience is largely due to a disjointed and unclear accountability framework. Amendment No 60 was drafted to be clear and straightforward on a public-sector climate duty. Whilst it draws from provisions in the Climate Change (Scotland) Act 2009, it has been designed to fit the Northern Ireland context. <BR /> <BR />New clause 21A(1) states:”
“To develop that amendment, the Green Party worked closely with stakeholders, such as the Northern Ireland Local Government Association (NILGA) and environmental NGOs, and the Bill Office to identify what stakeholders felt was needed and to develop that into a strong and straightforward public-sector climate duty. <BR /> <BR />Giving evidence to the AERA Committee, NILGA in particular stressed the need for a mechanism to investigate and challenge non-compliance by individual public bodies. It felt that no matter the climate mechanism that is put in place, it should be robust and effective in holding bodies to account for their climate change mitigation responsibilities.”
“It is also my understanding that DAERA already engages with other Departments and councils on climate change and biodiversity by working with groups such as the Local Government Climate Action Network, the Local Biodiversity Officers Forum, the interdepartmental climate change adaptation working group and the more recently established green growth inter-ministerial group. <BR /> <BR />DAERA does not, however, have plans to bring forward mandatory screening processes for sustainability and climate impacts; nor does it plan to provide implementation guidance. The learning from section 25 of the 2006 Act is important in the context of amendment No 60.”
“Our amendment No 60 establishes a public sector climate duty. Throughout the development of both climate Bills, and particularly during the Committee Stages, a large number of stakeholders indicated support for a duty to be placed on all public bodies to act consistently with the overarching targets. It is my understanding that there is already a statutory duty under section 25 of the Northern Ireland (Miscellaneous Provisions) Act 2006 relating to the promotion of sustainable development.”
“It is worth noting that Scotland is in the process of creating its own environmental governance body — Environmental Standards Scotland — to ensure adequate environmental governance in Scotland's legislative and political context. The Scottish example sets a precedent for establishing a devolved climate governance body, which is particularly relevant on our legislative, political and biogeographic context, which is unique in the UK.”
“The Northern Ireland climate office would work in harmony with the climate advisory bodies across the UK and the Republic of Ireland to critique that policy within the framework of Northern Ireland domestic climate legislation.”
“A Northern Ireland climate commissioner would recognise our unique geographical, political and economic relationships with both the UK and the Republic of Ireland. The Republic of Ireland, through the Climate Change Advisory Council, and the UK, through the CCC, have made provision for independent expert advice in their domestic climate change legislation. <BR /> <BR />Similarly, a Northern Ireland climate commissioner would be created in Northern Ireland climate law to provide oversight of our specific circumstances. That role would far exceed the purely advisory role of the CCC. It is important to note, however, that the Executive would still require the commissioner's advisory services for the inception and implementation of their climate policy.”
“<BR /> <BR />The current arrangement for guiding climate policy involves advice from the UK CCC, which is delivered directly to DAERA on an ad hoc basis. DAERA, as the Department responsible for developing and implementing climate policy, manages the relationship with the CCC on behalf of the Executive. DAERA is also responsible for growing and developing policy for the agriculture sector, and it is therefore essential that independent oversight be transferred to an external commission to avoid conflict of interest and to guarantee transparency in government. <BR /> <BR />The strategic significance of the climate commissioner and climate office, by comparison with any existing arrangements, is in the importance of having a watchdog for Northern Ireland that is physically based here and that accounts for our specific circumstances.”
“We hope to explore that ahead of the Bill's Further Consideration Stage in order to provide clarity on how the two provisions can work together. <BR /> <BR />The commissioner would be an independent person, separate from government and from political interference and bias. A commissioner's reports should provide an independent, science-based critique of the efficiency of the Executive's plans and policies relative to Northern Ireland's emissions reduction targets. The existence of a Northern Ireland climate commissioner would ensure that Northern Ireland has a transparent NI-based watchdog to consistently guide its political decision makers to achieve compliance with domestic climate legislation.”
“<BR /> <BR />The Alliance Party has, with amendment No 68, proposed the establishment of an independent office of climate change and environmental protection. We will support that amendment alongside our own on the establishment of a commissioner. As we see it, a commissioner could sit within that office. An office of climate change and environmental protection could also provide enforcement for commercial or corporate offending, with the commissioner providing oversight of the Executive and public bodies. <BR /> <BR />It is vital that amendment Nos 68 and 69 are the oversight provisions that pass with the Bill. They are the only amendments that provide explicit guarantees that oversight will be completely independent.”
“<BR /> <BR />It is encouraging to see so many amendments tabled to establish independent, Northern Ireland-specific oversight through this legislation. Although many of the amendments overlap, there is no reason that some of them cannot sit side by side, with amendments tabled at Further Consideration Stage to bring greater clarity as to how they would interact. <BR /> <BR />Before I go into the detail of our amendments, I will briefly outline our overall position on the amendments relating to Northern Ireland-specific oversight. Our amendment No 69 requires the Executive Office to establish an independent Northern Ireland climate commissioner to provide oversight of and reporting on the operations of the Act within 24 months of its receiving Royal Assent.”
“I will speak on the amendments in group 3, and I will try to keep my remarks shorter this time. <BR /> <BR />Independent climate bodies to oversee climate change mitigation and adaptation measures are widely considered to be a major component of any leading climate action framework. Institutional transparency is critical to building public trust and domestic processes and capabilities. Greater transparency and legitimacy can help to raise the profile of climate policies and to integrate them into mainstream planning policy processes, while the information collected can provide a basis for implementing mitigation measures. Examples of independent climate commissions in other jurisdictions include those of New Zealand, Costa Rica and Sweden.”
“I am just about to finish. <BR /> <BR />The impacts of those trade deals will be felt deeply across our agri-sector. Some of the risks to Northern Ireland agriculture could be addressed by differentiating Northern Ireland products on the basis of quality and environmental credentials, and there could be significant opportunities for the agri-sector to access European markets if Northern Ireland can achieve net zero. <BR /> <BR />That concludes my remarks on the amendments in group 2. I look forward to the rest of the debate.”
“Amendment No 49 requires DAERA to take the risk of substantial carbon leakage into account when creating plans and policies to meet the carbon budget. Unfortunately, it is outside the competence of the Assembly to legislate on the issue and the impact of trade. Therefore, protecting against new impacts of, say, the New Zealand and Australian Tory trade deals is not within our power.”
“We have been as descriptive as possible in amendment No 48. There is no explicit reference to SAMBITs, because SAMBITs do not have any legislative basis. However, we think that the amendment covers everything that a SAMBIT would be designed to do in all but name. <BR /> <BR />Amendment No 49 protects against carbon leakage, which is when production, goods or services move to a different country or jurisdiction because of restrictive climate policies in the first jurisdiction, leading to an overall rise in global emissions. That is a particular concern that was highlighted by stakeholders from the agriculture sector in consultation responses. Though it is clear that post-Brexit trade deals pose the biggest risk of displacing Northern Irish agri-food products, avoiding carbon leakage due to our climate policy must be a priority.”
“<BR /> <BR />Throughout the various stages of this Bill and the Climate Change Bill, we have engaged with the Federation of Small Businesses on how to protect small businesses and microbusinesses. The AERA Committee also heard evidence from stakeholders that the Bill should contain "a mandatory and effective" means of engaging with industry. Stakeholders wished that to be done via a small and micro business impact test (SAMBIT) of any strategies that are taken forward under the legislation. Amendment No 48 mandates that plans and policies under clause 16 should explain how proposals would impact on the workforce and employers, including small businesses, microbusinesses and communities, and that proposals are set out to support the workforce, employers, small businesses and microbusinesses.”
“We believe that that is the most accurate definition of nature-based projects, and it is based on the model used in the Republic of Ireland. The Minister's definition of nature-based projects in amendment No 38 is too wide and would, in effect, allow almost any project to be considered nature-based, including one that, say, provided solely economic benefits. We believe that our definition is much more appropriate. The inclusion of the wording "as far as is practicable" in our amendment is not intended to be a loophole for Departments; rather, it takes account of the fact that some sectors, such as transport, will not be able to make use of wholly nature-based solutions.”
“<BR /> <BR />Amendment No 47 mandates that policies and proposals to meet the carton budget must support nature-based projects. Those are defined in the amendment as:”
“We all know why that is needed. The amendment is in the broadest possible terms to cover the sectors that need to be covered. The last area covered will ensure that that is taken into account and planned for should the Executive use the process of tendering out to private contractors or consultants for the provision of infrastructure, the promotion of economic development and so on. That aligns with new measures put into place by the UK Government ahead of COP26, which mean that all companies bidding for major government contracts must commit to achieving net zero emissions by 2050. We know that Governments spend huge amounts of money on procurement each year. That process needs to have the effect of speeding up the greening of the economy.”
“The sectors covered in the amendment are self-explanatory, but, for the record, they are:”
“During the Committee Stage, stakeholders highlighted the lack of sectoral plans or targets as a key failing of the Bill. It was felt that, while carbon budgets are a useful mechanism to control overall emissions levels, they do not go far enough for organisations such as the Northern Ireland Local Government Association (NILGA) in setting targets for the different sectors of the economy. NILGA was of the opinion that, by failing to account for different sectors, the Bill passed the responsibility to Departments to take the necessary work forward, so that work is, therefore, much more arm's-length than NILGA would like it to be. By passing responsibility to Departments, the Bill encourages siloed working and thinking when we need cross-departmental and cross-societal working to address emissions.”
“<BR /> <BR />Amendment No 45 also requires targets to be set in those areas that take into account international law, including the UN Framework Convention on Climate Change (UNFCC); the impact of such targets on the environment, public health and well-being; Northern Ireland's specific economic and social circumstances; the just transition principles; and the transboundary impact of such targets, understanding as we do that we share a land mass and a land border with another jurisdiction. <BR /> <BR />Amendment No 46 is a list of the sectors that must ensure that the carbon budget has been met under the clause 16 policies and proposals. The amendment references sectors, not Departments, in order to account for the Bill's failure to mention sectors altogether.”
“With that in mind, the dire condition of Northern Ireland's biodiversity becomes even more distressing. Out of 240 countries, we rank twelfth worst in the world for biodiversity loss. We have, for example, lost more than 80% of our curlew population since 1987, and 11% of wildlife here is now threatened with extinction. Emissions reductions must not be achieved at the expense of the rest of the environment. Incorporating targets for soil quality and biodiversity into budgetary period policies will ensure that the approach that we take to tackling climate change in Northern Ireland is holistic and takes into account the ecological crisis.”
“Soil will be key to Northern Ireland's net zero journey, but we need to know what we are starting with. We urgently need to establish baselines so that we know where we need to get to. <BR /> <BR />The link between climate change and biodiversity is also long-established. We know that the climate and biodiversity crises are two sides of the same coin. Climate change may be caused by greenhouse gas emissions, but it manifests in declining biodiversity, amongst many other things. Biodiversity must, therefore, be considered as a key performance indicator (KPI) in Northern Ireland. Environmental changes that are driven by climate change are disturbing natural habitats and species in a way that is still becoming clear. In 2021, the UK Joint Nature Conservation Committee (JNCC) said:”
“<BR /> <BR />Amendment No 45 requires policies and proposals under clause 16 to include targets on soil quality and biodiversity to be achieved during the relevant budgetary period. We all know that soil quality and climate change are inextricably linked. Climate change has a significant impact on soil health globally, with extreme weather leading to more droughts and flooding. Modern agricultural practices, such as the excessive use of fertilisers, are degrading the planet's soil at an accelerated rate. Nearly half the world's topsoil has disappeared in the last 150 years, yet soil is key to tackling climate change. It captures and stores vast amounts of carbon, as well as putting food on people's plates, purifying water and protecting against flooding.”
“The very concept of a just transition is that the cost of transitioning from polluting practices must not be borne solely by workers in that industry. The fund will mean that farmers will be able to access grant support and business advice for purchasing new machinery and implementing new nature-friendly farming practices. The shape that the fund takes will be up to the Department to design, but a similar scheme announced by the Scottish Government last November made £51 million available to farmers over three years to carry out on-farm carbon audits and nutrient management plans. That scheme is open to all businesses that are in receipt of the basic payment, and it would make sense for the same requirements to be put in place here. Farmers are part of our climate solution, and we have to provide them with the necessary support.”