Kieran McCarthy
Strangford · Alliance Party · Northern Ireland
“I am pleased to support the Final Stage and to pass on my thanks and congratulations to all those involved in getting us to where we are this evening. It is simple and straightforward legislation, but it offers those in social work additional recognition of their professional standards, and gives greater reassurance to the public.”
“Specialist training and raising public awareness will be essential. There is a much wider issue of ensuring that the Bill itself will be properly resourced. That is perhaps an issue for another day, and, at this stage, our priority must be to get the legislation onto the statute book.”
“It will also cover people who are vulnerable, as well as those, including people in the criminal justice system, who lack capacity. <BR /> <BR />The new legislation will require that, if a person has capacity, they can then make their own decision about their treatment and that all possible support in making that decision will be provided…”
“That includes our Committee staff, our Assembly Research and Information Service and everyone who contributed to making our Health Committee positive and getting us to where we are this evening.”
“<BR /> <BR />I also thank Alastair Ross for his work in steering the Ad Hoc Committee, which I must say was very heavy work for some of us, but we got through it. I thank Alastair for being there to direct and guide us. Of course, he has already paid tribute to the Clerks who serviced our Committee.”
“We thank Professor McClelland for his dedication and hard work in carrying on where Professor Bamford unfortunately left off. <BR /> <BR />I pay tribute to everyone — as has already been said in the Chamber, there were many — who worked hard and together to see this improvement for everyone with a mental health condition or a learning dis…”
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“The Committee report is in three volumes, coming to over 1,000 pages, so it was subjected to good scrutiny. That sometimes goes unattested in public or media commentary, but that is, perhaps, just the nature of the beast. <BR /> <BR />When you look back on the changing or making of law, you find that all aspects — each and every one — are important. However, I think that the Committee did very valuable work in the 'Inquiry into Victims and Witnesses of Crime'. The Minister mentioned in his address that the inquiry allowed us a perspective. Some of the items that we will shortly all vote for and that will be enacted were part of that journey through the inquiry, during which we were well informed by people who have seen the justice system from the other side, so to speak.”
“The Chair provided a commentary on the Bill and how it was taken through Committee Stage. I thank him for his stewardship of the Bill, and I thank Paul Givan, who was the Chair when the Bill first came to the Committee. I endorse the Chair's words about the Committee staff and all the organisations and individuals who provided evidence. The departmental officials, on a number of occasions outside the Committee, met privately with the parties and me and the Chair to explain aspects when we sought clarity on some of the amendments that were proposed. <BR /> <BR />In the previous debate, I made this point because sometimes — the Minister has alluded to this — the headline for the Bill was reduced to one or two items, important as they were. There are many aspects to the Bill.”
“It is a good example of how a Department presents a Bill and it is taken through the process in the Assembly. Someone once said that, when a Minister lays a Bill in front of the Assembly, it belongs to the Assembly, and the Assembly has the ability and power to enhance it or amend it appropriately. This Bill is a good example of that process at work.”
“Go raibh maith agat, a LeasCheann Comhairle. Like the Chair, I welcome that this is now the Final Stage of the Bill.”
“I congratulate Northern Ireland Water, the former Ards Borough Council and, indeed, others for maintaining that exceptional natural habitat. Perhaps some of the now-redundant reservoirs could be similarly transformed for public use. I will leave that with others. <BR /> <BR />I support the Bill.”
“<BR /> <BR />In conclusion, I mentioned that Lough Cowey, which in my constituency of Strangford, just outside Portaferry in the townland of Ballyridley, is being disposed of. There is a great interest from local sporting people to get together with Northern Ireland Water to transform that wonderful environmental gem into something that is for the benefit of the entire community. I appeal to Northern Ireland Water to do its utmost to assist those local people. <BR /> <BR />I had the privilege of accompanying water officials some time ago to the reservoir on the old Belfast Road in Newtownards, which is locally called the duck pond. It is truly a fantastic facility, drawing people from all over the place to enjoy the peace, the scenery under the shadow of Scrabo Tower and the absolute tranquillity.”
“The former Ards Borough Council, of which I was a member, supported the idea of the reservoir at Lough Cowey being opened to the local community for recreational facilities. Concerns have now been raised that, as a result of the Ards and North Down council's decision, two reservoirs in Conlig could be snapped up for housing development following previous discussions concerning land zoning during the development of the Belfast metropolitan area plan (BMAP). Instead of selling the reservoirs, once the Reservoirs Bill becomes law, I urge Northern Ireland Water to explore different ways for future ownership and management involving the local communities to ensure that the vast economic, social, environmental and health benefits are not lost forever.”
“<BR /> <BR />However, Alliance is still concerned about the environmental impact of the Reservoirs Bill, particularly about removing responsibility from NI Water concerning future ownership and management of its 22 redundant reservoirs. The Department should safeguard the future for Northern Ireland Water's many redundant reservoirs, which provide a home for a range of wildlife as well as organisations such as angling clubs, canoeing clubs and, indeed, other recreational pursuits. <BR /> <BR />The new Ards and North Down Borough Council expressed an interest in Portavoe, with all others to be offered to other public bodies this summer before being placed on the market for sale to the highest bidder.”
“As a result, we are now convinced that there is a more robust regime based on inspection and regulation that more closely matches the system that is used, as I understand it, across the water in England, Wales and Scotland. <BR /> <BR />Water infrastructure is vital in ensuring that water, regulating water levels in rivers, protecting the environment and providing facilities for communities throughout Northern Ireland. There is also a considerable danger if a reservoir's integrity were to be compromised. As a result, a sensible regulation regime is vital, and, as such, we will support the Bill this afternoon.”
“I would like to thank the Minister for bringing the Bill to the Chamber this afternoon. As a Committee member, I offer my support to the Chairperson in his contribution and, indeed, to other Members. I am pleased to speak briefly on the Final Stage of the Reservoirs Bill this afternoon, and I take the opportunity to thank the departmental officials and our Committee staff for their dedicated work in getting this legislation through the House. <BR /> <BR />Alliance has acted constructively, I hope, throughout the passage of the Bill. We have sought to support those amendments that improved the legislation and have opposed those that we felt would have weakened the protections for reservoirs.”
“Can the Minister and Health Minister give me and this Assembly some commitment that that decision will be reversed and that those vulnerable people will indeed have the products that they need and deserve?”
“I am grateful to the Minister for giving way. I find it hard to sit, but I am going to ask the Minister a question. I am sure that she will have sympathy, but sympathy is not enough. It is in relation to the Health Minister. I raised it on the Floor of the Chamber last week. <BR /> <BR />We hear so much about the vulnerable. There are no more vulnerable people in society than those with learning disabilities. Instructions have come from the Department on a regional level that those most vulnerable people are to be denied continence products by 50%, which means that they will have to sit in unhygienic conditions. That will undoubtedly lead to health problems.”
“I stand here as a proud Irishman. Will the Member explain Sinn Féin and the SDLP's reasons for voting against the EQIA even though they voted for it at Belfast City Hall?”
“What procedures does the Minister have in place to ensure support for the growth of the integrated sector in the area-based planning process?”
“I am grateful to the Minister for her response. I am delighted to hear that she rejects the accusation that her Department is the lowest funded in these islands. When I served on the Culture, Arts and Leisure Committee some time ago, that was the case and it was quite an embarrassment to us all. Does the Minister accept that investment in the arts, and particularly new talent, can be a driver for change and that her party's irresponsibility over the Budget is simply undermining all the good work that is being done throughout Northern Ireland?”
“I thank the Minister for her response, but I refer to recommendation 11, where it talks about fishing opportunities and future negotiations. We are shortly coming to the annual Brussels saga. Can the Minister give us any encouragement that reports that come back will be more progressive this year than in previous years?”
“I thank the Minister for his answer. Will he accept that the start of infraction proceedings regarding the Ballycastle waste water treatment works demonstrates that vital provision in this region is not being provided by his Department and that it has been an abject failure of the Department not to provide that for Ballycastle?”
“<BR /> <BR />I commend the commitment of all involved in bringing the Bill to this stage. I look forward to progression to the next stage of this important Bill.”
“There is a real imperative to ensure the progression of the Bill as quickly as possible and delivering its passage before the conclusion of this mandate. I have every confidence in us all being able to conclude and deliver this important legislation for the benefit of those in our community with mental heath problems and learning disabilities. <BR /> <BR />In implementing the Bill, education in the form of special training and raising public awareness will be essential. Training will need to be provided for health and social care staff, including specialist staff such as capacity assessors. It will be important for that requirement to be fully supported with the necessary resources and the views of the full range of stakeholders taken on board. That will ensure that the full benefit of the Bill can be achieved.”
“The person intervening in someone's life must take into account the person's past and present wishes and feelings, his or her beliefs and values and any other factors likely to influence the person's decision if he or she had capacity. In addition, under the best interests principle, the person making the determination must, in relation to any act or decision that is being considered, have regard to whether the same purpose could be achieved in a way that was less restrictive of the person's rights and freedom of action. <BR /> <BR />While the legislation will be ground-breaking, we also have to recognise that, in the absence of the legislation, we are falling behind many other jurisdictions.”
“The Bill's ethos is to provide equality in all circumstances and for all aspects of a person's needs — financial, welfare and health, including mental health. The proposed legislation is also principle-based. Those principles are set out at the start and underpin the entire Bill, and the Minister mentioned them in his introduction. The first is that a person is assumed to have capacity unless it is established otherwise. That enshrines in statute what is referred to as the common law presumption of capacity. Nobody should be deemed to lack capacity unless all practical help and support has been given to an individual to make a decision for him- or herself without success. Making an unwise decision does not mean that a person lacks capacity. The second principle is establishing and acting in a person's best interests.”
“The Health Department and the Department of Justice have responded to the challenge, and we welcome that. The Bill maintains a high degree of fidelity to the Bamford vision, including the fundamental rights to equality and dignity and in how the officials have conducted their work, particularly their accessibility, inclusivity and openness.”
“His role as chair was taken over by his colleague Professor Roy McClelland OBE, professor of mental health at Queen's University, who, subsequently, chaired the board of experts appointed by the Minister to champion the Department's response to the Bamford proposals. He is also a member of the project board overseeing the development of the new mental capacity legislation. Arguably, no other legislation has come to the Assembly after so much preparation and engagement with experts, service users and other key stakeholders. <BR /> <BR />Equality lay at the heart of the Bamford review, and its vision was about valuing all who have mental health needs or a learning disability. That included rights to full citizenship, equality of opportunity and self-determination.”
“In October 2002, the Health Department initiated a major wide-ranging and independent review of law, policy and provision affecting people with mental health needs or a learning disability in Northern Ireland, which, nowadays, is referred to as the Bamford Review of Mental Health and Learning Disability. I can well recall being at the launch of the Bamford report some time ago and feeling euphoria and excitement. We are now on the journey to implement what Professor Bamford and his colleagues called for. I pay tribute to the vision of Professor Bamford, who, sadly, passed away before his work was completed.”
“At any point, any one of us, whether in the Assembly or in the community, could find ourselves lacking the capacity to make decisions on our health, welfare or finances. The Bill provides protection for all of us, and, in particular, it will provide non-discriminatory protection when we are at our most vulnerable. At one stage, it seemed that we, too, in Northern Ireland would revert to having separate Bills, so I am pleased that we are adopting the more innovative and potentially transformative approach instead. <BR /> <BR />How did this all come about? The very important work involving very many people commenced at the start of the century with the vision of Professor David Bamford and his colleagues.”
“<BR /> <BR />There is currently no capacity legislation in Northern Ireland. A golden opportunity has been grasped to ensure that this unique new capacity legislation will be for all in our society. We now have a single piece of legislation for people who have a physical health problem and lose capacity; people with a mental health problem who lose capacity; people with physical and mental health problems who lose capacity; people who are vulnerable; and all, including those in the criminal justice system, who lack capacity. No group in society is excluded from the capacity legislation. Northern Ireland will be the only place in the world where this happens. That is historic indeed. <BR /> <BR />The Bill is, therefore, for all of us.”
“Those in the general population have the right to refuse treatment should they wish to do so, but mental health service users do not. The inherent stigma and discrimination in having separate mental health legislation is completely unacceptable. It is unequal. We need to and must provide equality for all. <BR /> <BR />We are also aware that there is much work to do on this. Society as a whole and government need to take clear responsibility for ending such discrimination. It is incumbent on us all, whether professionals or members of the public, to do everything in our power to eliminate such stigma and discrimination. This makes the introduction of this game-changing Bill all the more imperative. People with a mental health difficulty will no longer be under separate mental health legislation.”
“Our approach in Northern Ireland, therefore, stands in contrast to the situation in England and Wales with the Mental Capacity Act 2005, and in Scotland with the Adults with Incapacity (Scotland) Act 2000. <BR /> <BR />Notwithstanding the efforts and commitment of many people and organisations, stigma and discrimination for people with a mental health problem still persist, unfortunately, in our society. Discrimination against people with a mental health problem is entrenched in existing mental health legislation, with double standards on loss of liberty.”
“The Bamford review recommended that a single Bill should cover mental health and mental capacity issues, as other Members said. A single Bill will provide safeguards for all people who lack capacity at any point in their lives, whether from a physical condition or a mental health condition. That means that there will no longer be any discrimination for those who lose capacity for reasons of a mental health difficulty. That will be in place for all of us and our families so that, when one of us or one of our family members suffers from a lack of capacity at any time in our lives, there will be non-discriminatory legislation in place, no matter what the source is of our lack of capacity.”
“Northern Ireland will be the first region in the world to achieve such legislation, and it is hoped that other countries around the world will follow our lead. It is a good news story and shows that together we can produce legislation that can and will be a world leader. <BR /> <BR />There is a presumption that all persons aged 16 and over have the capacity to make decisions for themselves and, indeed, should be supported to do so. However, if a person lacks capacity and has not put in place alternative decision-making arrangements, important safeguards should be in place for that person before the state can intervene. Decisions can then be made regarding a person's health, welfare and financial issues. <BR /> <BR />The integrated approach is particularly welcome and significant.”
“If and when these proposals find their way onto the statute book, they will replace the current Mental Health Order for those over the age of 16. It will bring an end to discriminatory detention and the overriding of people's refusal of treatment if they retain the capacity to refuse. Those decision-making rights will be on a par with the rights that individuals enjoy at present in common law regarding physical health treatment. <BR /> <BR />People in Northern Ireland, whether they have mental health difficulties or/and physical health problems, will now have equal rights to make decisions about their treatments. The new legislation will require that, if people have capacity, they can make their own decision about their treatment and that all possible support to make a decision will be provided.”
“<BR /> <BR />The introduction of mental health-specific legislation first took place almost a century ago. Since then, people with a mental health difficulty or learning disability have been treated under the law in a fundamentally different way compared with all other health issues such as physical illness. That has been particularly so on issues to do with consent and the withholding of consent. Through the Mental Capacity Bill, Northern Ireland has the opportunity to introduce historic legislation that will be a world leader, and I am so proud to be part of that. <BR /> <BR />The Bill has brought into one piece of legislation the usual provisions of mental health law and mental capacity law. It is the first time that that fusion approach has been considered anywhere in the world.”
“On behalf of the Alliance Party and as a member of the Health Committee and Ad Hoc Committee, I warmly welcome the Mental Capacity Bill. I am pleased — in fact delighted — that it has now reached its Second Stage in the Assembly and has been moved today by our Health Minister, Simon Hamilton. <BR /> <BR />The Bill is a key component of the implementation of the Bamford review on mental health and learning disability. Members will be aware of my special and particular interest in this vital legislation. It will provide a single statutory framework for decision-making and care for physical and mental health conditions. I also welcome the very strong and important collaboration between the Department of Health and the Department of Justice in bringing forward the legislation. It proves that Departments can and do work together.”
“Is this fund widespread or is it simply for the Foyle and Carlingford areas? What is the value of the small grant?”
“I thank the Minister for her statement, late though it may have been. She said that:”
“On a point of order, Mr Speaker. I am sorry for intervening, but I was looking for a statement earlier on. Has it been published? Where is it? We know nothing about what is going to be said. Did anybody get it?”
“The Minister's party and other parties in the Assembly continually speak about protecting the vulnerable in our community when it comes to reforming the health service. Nobody will object to that. However, will the Minister follow the lead of a former Health Minister in the Assembly, namely Mr McGimpsey, who decided to reverse the decision taken by the Health Department to reduce the volume of continence products used by the most vulnerable in our society: those with learning disabilities? Will the Minister undertake to stop that, as it has been advised from this week onwards?”
“— the continuation of a half-decent service to our population.”
“I am grateful to the Minister for her response. Will the Minister confirm that the prospect of a senior civil servant setting a Budget at the end of July would be catastrophic for our public services? Rather than a so-called phantom Budget, the only sensible and responsible thing to do is for every party in the Assembly to support a real Budget that will balance our books and also provide —”
“The questions so far have all been about funding — £36 million for this and £17 million for that — Casement and Windsor Park. Will the Minister advise the House that, if she and her Executive colleagues do not get their head out of the sand very shortly, there will be no funding for anything in Northern Ireland, let alone —”
“We urgently need new legislation from Westminster, supported by the Assembly, to see an end to this scourge in society. That is why we in the Alliance Party will support the motion.”
“There is also an important role for schools, further education colleges and universities to ensure that the relevant messages are being passed on to students. Those organisations working with young people who are not in education, employment or training also have a role.”
“In that regard, we can look to the General Product Safety Regulations 2005, and in particular we can commend the actions of Belfast City Council, as other Members have done, and, indeed, other councils. As far as I know, my own council for Ards and North Down has done similar work. Vendors, sellers or whoever simply cannot dismiss responsibility for the use that their products are being put to. That would, indeed, be shameful. <BR /> <BR />Finally, I believe that education is essential. That will require collaborative working across a number of agencies. The Public Health Agency, with appropriate funding, should have a central role in devising and articulating the core campaign warning young people in particular of the dangers of these substances and the impact upon their lives.”
“I am sure that he will continue to do so and that progress will hopefully shortly be made to put an end to this blight on our community. <BR /> <BR />Any legislative response has to be comprehensive. Simply adding new drugs to the existing list of banned substances risks this approach being subverted by small changes or tweaks to ingredients that bypass specific bans. As the former Minister's letter says, the Home Office in London has established an expert panel to look at the UK's legislative response to the issue. Its main recommendation was that the UK Government bring forward a ban on the sale of new psychoactive substances. I say this: "Bring it on now". <BR /> <BR />The authorities need to avoid playing constant catch-up in a game of constant modification by those making such drugs.”
“In that letter, the Minister told us that the Executive's agreed strategy recognises the new psychoactive substances as an emerging issue and seeks to direct some £8 million each year to implement the new strategic direction, which is phase 2. While that is very welcome, I believe that the most obvious and effective recourse is through legislation. That will require changes to the Misuse of Drugs Act 1971. In that regard, the Assembly should continue to press the Home Office for changes in the legal regime at a very early date. I know that our Minister of Justice, David Ford, has been pressing the Home Office about the issue, and I am sure that he will continue to do so with the new Government. In fact, during questions for oral answer last month, Mr Ford committed, as he did again today, to taking this up with the new Government.”
“I have no doubt that the new Health Minister, who is with us this afternoon — I put on record my congratulations to him and, indeed, to his new assistant, who was a valued member of our Health Committee — will continue with the contents of the response that we got from the former Minister.”
“<BR /> <BR />I also wish to put on record my thanks and appreciation to those organisations out in the community that work so hard to prevent those disasters from happening in the first place, and I totally condemn the merchants who ply their evil trade. <BR /> <BR />At our Health Committee meeting recently, just after Adam's death, I asked the Committee to seek information from the former Minister of Health on what action can be or is being taken to tackle the issue. His response, dated 7 May, contains two and a half pages of actions, warnings and a determination by his Department, along with the Department of Justice and the PSNI, to sort it out at an early date.”
“I am grateful for the opportunity to support the motion. Like everyone else in the Assembly, I was shocked and saddened by the tragic death of young Adam Owens from Newtownards in my constituency, who is the latest victim to lose his life from, as we understand it, so-called legal highs or new psychoactive substances. I take this opportunity to offer my total sympathy to the family and friends of young Adam. Their loss must surely be totally devastating. It is incumbent on us as legislators to act as soon as possible to outlaw the availability of those deadly substances so as to prevent further tragedies and heartbreak for everyone in our community.”
“I very much welcome the Minister's response. I am sure that the Minister will agree with me that small and medium-sized businesses are the backbone of the economy of Northern Ireland and that, too often, it could be said that, despite all the grants available, obstacles are put in the way when they make an application. Will the Minister ensure that as few obstacles as possible are put in the way of all applications so that we can make progress and provide for the economy of Northern Ireland?”
“I welcome the Minister's commitment to an improvement in addressing the causes of not only this terrible tragedy but other tragedies. I also welcome his commitment to tackling whoever the incoming Minister at the Home Office might be. Will the Minister ensure that, whatever develops between him and the Home Office, these legal highs will be made illegal and put well out of the reach of everyone, particularly the young population here in Northern Ireland and across the UK? It is a deadly serious issue.”