Ciara Ferguson
Foyle · Sinn Féin · Northern Ireland
“<BR /> <BR />The Victims and Witnesses of Crime Bill instructs the commissioner's office to prepare a strategic plan as soon as reasonably practicable after their appointment to review the effectiveness of the Victim Charter and the Witness Charter at least every three years and to provide annual business plans and reports.”
“Sinn Féin very much welcomes the fact that the Bill is the continued evolution of that work to strengthen the rights of victims and witnesses of crime, including the right of complainants to an opportunity to make oral or written representations to the court about any application, to be present at any hearing of the application and to be…”
“<BR /> <BR />The Bill will strengthen protections for complainants in serious sexual offence cases in which pretrial applications for a witness summons are made.”
“It is important because being a victim or a witness of crime is often a traumatic experience that requires dedicated support to recover from. It is important because all victims and witnesses of crime should be subject to a fair and supportive legal system that fully engages with them.”
“Victims and witnesses of crime are entitled to be treated fairly, professionally and with respect in all their interactions with the justice system; to be kept regularly updated, including being provided with relevant information in a timely fashion; and to have their needs considered.”
“I welcome the opportunity to speak at Second Stage of the Victims and Witnesses of Crime Bill. I will begin by acknowledging the importance of the Bill in placing the Commissioner for Victims and Witnesses of Crime and that office and its functions on a permanent statutory footing.”
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“I welcome the opportunity to speak on the Final Stage of the Defective Premises Bill, which aims to reform the limitation period for claims relating to defective premises. First, I emphasise that our party's support for the case for reform is focused on addressing existing legislative disparities that face citizens here in order to support affected residents who seek legal redress. We acknowledge that the use of accelerated passage should be rare and that the development of legislation should be advanced using the full, formal scrutiny process. <BR /> <BR />All people have the right to feel safe in their home. We have a collective duty to ensure that absolutely no one is left behind in that respect. As an Assembly, we must make sustained improvements to building safety and standards.”
“I very much welcome, as an MLA for Foyle, the initial increase of the 500 undergraduate students at Magee, which will support students already recruited over and above the MaSN as well as students in September. Likewise, the additional 30 places for allied health and the 16 PhD students is excellent news. Will the Minister provide some insight into the work of the independent Magee task force in the development of the ongoing action plan for the 10,000 students?”
“I very much welcome our Minister's announcement of phase 3. Minister, will you provide an update on the feasibility study on constructing a new railway line from Portadown to Derry?”
“Will the Minister provide an update on the Domestic Abuse (Safe Leave) Act 2022?”
“First Minister, do you share my concerns about the ongoing Tory austerity and underinvestment in our public services? Do you agree that that is having a seriously negative impact on delivering social and affordable homes?”
“Thank you, Minister, for your answer. We recognise — I think that everyone in the Assembly does — that the £15 million that has been allocated to new-build social homes will allow only up to 400 new-build social starts in 2024-25. I know that you met a number of housing associations last week, and I welcome that. That is a reduction of well over 1,000 homes, and it is not where we need to be. I welcome the update that you have given on your liaison with all Departments. Where would you say we are in relation to housing being a priority in the Programme for Government?”
“With 47,312 households on the waiting list at the end of March 2024, it will, effectively, address the needs of 0·85% of those households. We must, collectively, as an Executive and an Assembly, have the vision to deliver more social and affordable housing than ever before. We must then support success in that area by applying political will and vital resources. <BR /> <BR />We must secure multi-annual Budgets and strategically plan across all Departments for the longer term for housing delivery and homelessness prevention efforts, particularly with respect to Budget discussions. I call on the Minister for Communities to begin that process by publishing the housing supply strategy and urgently reconsidering the proposed departmental allocations that are allowing for a fall of 73·4% in our social home starts in the incoming year.”
“It disrupts any stability or certainty in people's lives and impacts on their access to opportunities, whether in employment or education; and it can have devastating outcomes if the root causes of homelessness are not adequately addressed. We know the effect that it can have on physical health conditions and the mobility of some individuals. No person who is living with disabilities, for example, should find themselves feeling constrained and helpless because they do not have a stable home in which to access essential equipment, support and necessary adaptations. <BR /> <BR />With a spend of £34·5 million in 2023-24 on temporary accommodation, and rising, it is not acceptable for the Department for Communities to suggest a social housing programme that will deliver 400 — 400 — new homes in 2024-25.”
“The human cost of homelessness cannot be overstated. As an Assembly and an Executive, we need to get to grips with the level of housing need that exists across our society and constituencies. I speak again today, first and foremost, to thank the Simon Community for sharing its recent research, which suggests that we could have in the region of 80,000 people experiencing homelessness. The significant suggested number — people who are invisible and unaccounted for in official statistics — points to the reality of hidden homelessness, which might include staying with a relative, living in a car or sofa-surfing in the homes of friends or colleagues. <BR /> <BR />Living in temporary or non-standard forms of accommodation is unsettling for so many reasons, not least the impact that it has on people's mental health, resilience and well-being.”
“I put on record my thanks to Skeoge community hub and the ladies and gentlemen from Skeoge in Derry who have come along today to find out more about the work of MLAs in the Assembly. <BR /> <BR />Minister, what steps have you taken to ensure that the role of the Commissioner for Victims of Crime is fully functioning before it is put on a statutory footing?”
“I want the Minister to clarify today whether "defective materials" is sufficiently included in the current Bill. Ultimately, we want to support affected residents and homeowners to ensure parity with limitation periods elsewhere and to provide an avenue to seek legal redress for defective premises. <BR /> <BR />We also recognise that it is imperative that we make continuous improvements in respect of building safety and standards. Further work is urgently needed regarding the development of a wider building safety Bill here. That will assist us in supporting the built environment industry and building control professionals to achieve only the highest standards of safety and accountability.”
“Accelerated passage is not and should not be the norm to progress legislation. However, in this instance, an immediate remedy is required for affected residents and homeowners. <BR /> <BR />The proposed amendment gives the Department the power to make regulations specifying particular building materials, products, design features and any other construction details that it considers are likely to give rise to a cause of action. While, in principle, that seems positive, I also note the Minister's comments during the Second Stage debate when he stated:”
“Every individual or family has a right to a safe, secure home that is suitable for their needs and of a decent standard. We have a duty to ensure that no one is left behind. As discussed in our contributions, our support for the Bill is primarily due to the need to address the existing legislative disparities that face residents here and to ensure that we provide a workable avenue for those seeking legal redress. It is based on assurances from the Minister and the Department that the Bill is effective, proportionate and fit for purpose, and that he is cognisant of the concerns raised with him to date. That is of particular importance, given the use of accelerated passage and the absence of the Committee Stage. The Committee Stage is often an important forum to discuss potential amendments to a Bill, such as that debated today.”
“Future legislation should address the collection fee issues more comprehensively. <BR /> <BR />On the subject of financial and operational implications, the Committee understands that implementing the regulations will enable the Child Maintenance Service to function without interruption, which will avoid any risks to recipients, as well as any inefficiencies that may arise from outdated legislative provisions. That continuity is vital for the well-being of the children and families who depend on such services. <BR /> <BR />The Committee understands that the regulations are a necessary legislative measure to ensure the continued effectiveness of the Child Maintenance Service. Therefore, I am content to recommend that the Assembly approve the Child Support Fees (Revocation) Regulations (NI) 2024.”
“By permitting the collect-and-pay process in those circumstances, the regulations aim to protect victims of domestic abuse, thereby ensuring that they can receive child maintenance without compromising their safety. The measure will help anonymise the personal details of receiving parents while ensuring that they still receive the necessary financial support for their children. <BR /> <BR />The Committee noted that the policy primarily benefits victims of domestic abuse, who are predominantly women. The legislative change therefore significantly supports and protects a vulnerable group in our community. The Committee recognises that, although paying parents and receiving parents will still be subject to collection fees under the Child Maintenance Service, the priority is to safeguard the well-being of domestic abuse victims.”
“<BR /> <BR />The Committee understands that the regulations are technical in purpose in order to revoke and re-enact the provisions of the 2023 regulations, which amend the Child Support Fees Regulations (NI) 2014. That is essential to allow for the continuation of the collect-and-pay process to be used in a child maintenance arrangement. The primary purpose of the regulations is to revoke certain provisions of the 2014 regulations. The change is required in order to allow the continuation of the collect-and-pay process in child maintenance cases in which either parent objects to using direct pay owing to a previous criminal conviction related to domestic abuse by the other parent or a current civil court order related to domestic abuse, such as a non-molestation order.”
“The Committee for Communities supports the approval of the Child Support Fees (Revocation) Regulations (NI) 2024. The Committee considered the statutory rule at its meeting on 29 February 2024. At that meeting, Committee members were briefed by departmental officials. Following review and discussions, the Committee recommended that the regulations be approved by the Assembly. The Committee was made aware that the original regulations — the Child Support Fees (Revocation) Regulations (NI) 2023 — were first introduced in July 2023 and that revocation and re-enactment were therefore required owing to the ongoing absence of the Assembly.”
“The policy was considered to be largely technical in nature, with a primary goal of enhancing the efficiency of the Child Maintenance Service. <BR /> <BR />Following discussion, the Committee recommended that the regulations be approved by the Assembly. Therefore, on behalf of the Committee for Communities, I am content to recommend that the Assembly approves the Child Support (Management of Payment and Arrears) (Amendment) Regulations (NI) 2023.”
“Committee members were content that the Child Support (Management of Payment and Arrears) (Amendment) Regulations 2023 reflected a pragmatic approach to child maintenance. Allowing the Child Maintenance Service to extinguish low-level debts will ensure that resources are allocated efficiently. That will benefit the overall system, support the primary goal of child maintenance legislation and allow the Child Maintenance Service to better allocate its efforts towards supporting children and families who rely on maintenance payments. The Committee acknowledges that the regulations have been considered to ensure that they do not have any adverse impact on equality of opportunity or good relations for any of the section 75 equality groups.”
“That measure ensures that resources are used more effectively, thereby enhancing the efficiency of the child maintenance system.”
“The feedback indicated general agreement, albeit with some reservations and differing opinions on the maximum level of arrears to be written off. Ultimately, the threshold was set at £6·99, just below the £7 flat rate of child maintenance, ensuring that the maintenance process remains efficient without undue loss to the receiving parent. <BR /> <BR />The Committee was also made aware that the financial and operational implications of the amendments will result in operational cost savings for the Child Maintenance Service, as the expense of collecting the low-value debts significantly outweighs their actual worth.”
“<BR /> <BR />The legislative context is rooted in the Child Support (NI) Order 1991, which requires that parents continue to fulfil their financial responsibilities towards their children even if they no longer live together. The amendment aligns with the overarching goal of child maintenance legislation, which is to maximise effective maintenance arrangements for children who are living apart from one or both parents. <BR /> <BR />As the Minister outlined, the key amendments to the 2009 regulations are twofold: first, the arrears' extinguishment; and, secondly, the notification requirements. On consultation and feedback, the Committee understands that the Department for Work and Pensions (DWP) conducted a public consultation between June and August 2021 that invited opinions on the proposals for extinguishing the low-level debt.”
“As Deputy Chairperson, I support the Child Support (Management of Payments and Arrears) (Amendment) Regulations (NI) 2023. The Committee considered the statutory rule at its meeting on 22 February 2024. At that meeting, members were briefed by officials from the Department who provided an overview of the regulations. As the Minister outlined, the amendments allow the Child Maintenance Service to write off arrears of less than £7 under certain conditions. That adjustment is practical and necessary. It applies when a maintenance calculation has ceased and no payments have been made by the non-resident parent in the three months preceding the Department's decision to write off the arrears. It is an efficient way to handle cases in which the cost of pursuing the debt far exceeds its value.”
“It briefed the Committee last week, highlighting once again the importance of our mitigations and the need to enhance them while putting forward its own recommendations. <BR /> <BR />I call on the Minister for Communities to give a commitment, as a matter of urgency, to extend the benefit cap mitigation post March 2025 in order to give our families the certainty of that payment as soon as possible and to prevent yet another cliff edge.”
“<BR /> <BR />I will make a few short remarks in my capacity as an MLA. I make it clear that the benefit cap is mitigated in the North. The welfare supplementary payment was introduced in 2016, following the recommendations of the Evason report. It protected people against that Tory policy by building in a review every four years. The payment was continued in 2020 by the previous Minister, my party colleague Deirdre Hargey, who also closed the widely acknowledged loophole in the initial legislation. That simplified the qualifying criteria and ensured that more families with children received that financial support. <BR /> <BR />I take the opportunity to acknowledge all those who campaigned rigorously on the loopholes as well as on the need to continue the mitigations beyond 2020. I mention in particular the Cliff Edge Coalition.”
“On the regulatory and financial implications, the Committee was advised that the regulations impose no additional burdens on business, charities, voluntary bodies or on the public sector. <BR /> <BR />In relation to compliance and monitoring, the regulations comply with section 24 of the NI Act 1998. They provide parity with the equivalent regulations in GB, specifically the Benefit Cap (Annual Limit) (Amendment) Regulations 2023, ensuring that there is consistency here. The Committee understands that benefit cap levels are subject to review at least once every five years, with the next review required in November 2027. <BR /> <BR />The Committee was content that the regulations are required. I am therefore content to recommend that the Assembly approve the regulations.”
“<BR /> <BR />The Committee was advised that the Department for Communities had conducted a screening exercise under section 75 of the NI Act 1998 and concluded that an equality impact assessment (EQIA) was not necessary as the changes:”
“By way of background, I will say that the Committee was reminded that the benefit cap was introduced in May 2016 to limit the total working-age benefits that a household could receive. Initially set at £26,000 for families and £18,200 for single adults, those levels were reduced in November 2016 to £20,000 for families and £13,400 for single adults. The review by the British Secretary of State for Work and Pensions in November 2022 determined that the levels should be increased by 10·1%, in line with the CPI for the year ending September 2022. In terms of the key adjustments from the new cap levels, the regulations raise the benefit cap from £20,000 to £22,020 for couples and lone parents and from £13,400 to £14,753 for single adults, ensuring that benefit levels keep pace with inflation.”
“The measure ensures continuity and adjusts the benefit cap levels to reflect current economic conditions.”
“They need to be approved by 22 September 2024.”
“I rise as Deputy Chairperson of the Committee for Communities to support the introduction of the regulations. I will follow with a contribution in my capacity as a Sinn Féin MLA. <BR /> <BR />The Committee considered the rule at its meeting on 11 April. Members recognised that the regulations will increase the levels by 10·1% in line with the consumer price index for the year ending September 2022, which will result in working-age benefit households now being entitled to £22,020 as opposed to £20,000 for couples and lone parents. For single people, the increase will be from £13,400 to £14,753. The Committee heard that the purpose of the regulations is to revoke and re-enact the Benefit Cap (Annual Limit) (Amendment No. 2) Regulations (NI) 2023 and that they came into operation on 21 March 2024.”
“The Committee was content for me to recommend the Occupational Pension Schemes (Master Trusts) Regulations (NI) 2024 for approval by the House.”
“That includes the ability to impose penalties for non-compliance and to direct trustees to take specific actions if members' rights are at risk. The regulations also provide for fraud compensation fund adjustments — that is, adjustments to the fraud compensation fund criteria — which will now mean that only the insolvency of the scheme funder is required for a master trust to apply. That simplifies the process and provides greater protection for members. <BR /> <BR />In conclusion, the regulations are amongst a number of important steps that we have heard about today. These ones aim to safeguard the interests of master trust pension scheme members across the North. They provide a robust framework for authorisation, supervision and intervention to ensure that those pension schemes remain secure, well-managed and resilient.”
“Thirdly, master trust schemes must show financial sustainability. There are specific provisions for schemes with and without scheme funders. That ensures that schemes can cover their costs and protect members' assets. The regulations provide that adequate systems and processes must be in place to ensure effective scheme management, including robust administrative procedures and risk management frameworks. Those should include a continuity strategy that details actions in the event of significant disruptions or a triggering event, such as financial difficulties or operational failures. <BR /> <BR />In relation to supervision and enforcement, the Pensions Regulator will have enhanced powers to monitor and intervene in master trust schemes.”
“They particularly benefit smaller employers that cannot set up their own pension schemes. The expansion, however, has introduced specific risks that previous legislation did not address. <BR /> <BR />I turn to the key features of the regulations. Committee members noted that the regulations propose improvements in a number of areas. First, the Committee welcomed that the regulations established an authorisation and supervision regime for master trust schemes, overseen by the Pensions Regulator. All master trusts must apply for authorisation and demonstrate that they meet rigorous criteria related to governance, financial sustainability and operational processes. Secondly, only individuals deemed to be "fit and proper" can be involved in running the schemes in order to ensure high standards of integrity and competence.”
“On behalf of the Committee, I support the introduction of the regulations. The Committee considered the rule on 11 April 2024. Committee members understand that the regulations set out the authorisation and supervision regimes for master trust pension schemes, which have grown considerably in the past few years. <BR /> <BR />The regulations are designed to revoke and re-enact the Occupational Pension Schemes (Master Trusts) (No. 2) Regulations (NI) 2023, ensuring continuity and robustness in the governance of master trust pension schemes. Committee members were made aware that the master trust market had grown significantly, driven by the automatic enrolment duty introduced by the Pensions Act 2008. Master trust schemes provide a collective pension solution for multiple employers.”
“In conclusion, the Committee acknowledges that the Occupational Pension Schemes (Governance and Registration) (Amendment) Regulations (NI) 2024 represent a positive step forward in the governance and oversight of our pension schemes, recognising the critical role that they will play in safeguarding the future of occupational pensions here. Therefore, I am content to recommend that the Assembly approve the regulations.”
“By fostering competition and transparency in fiduciary management and investment consultancy services, the regulations protect the interests of pension scheme members and ensure that they receive the best possible outcomes.”
“The Pensions Regulator is granted specific enforcement powers, including the power to issue compliance and penalty notices. Trustees are required to provide detailed information about their fiduciary management and investment consultancy providers in their scheme returns, fostering greater transparency. <BR /> <BR />I will move on to administrative improvements. The regulations introduce streamlined registration processes, ensuring efficient administration and accurate record-keeping. Enhanced reporting requirements should ensure that members receive regular, comprehensive updates on the performance and governance of their pension schemes. <BR /> <BR />On the matter of consultation and equality impact, the regulations will align our pensions regulations with those already established in GB, thus ensuring parity and consistency.”
“Trustees of relevant pension schemes are required to conduct qualifying tender processes when appointing fiduciary management services or continuing to use fiduciary management services, especially when asset management thresholds are met, in order to ensure that trustees engage in competitive practices, thereby securing better value and service quality for scheme members. Secondly, trustees have a duty to set and review objectives of their investment consultancy providers, with reviews taking place at intervals of no more than three years. Annual performance reviews of investment consultancy providers are also required, promoting continuous oversight and accountability. <BR /> <BR />Another key aspect is enforcement and compliance.”
“I support the introduction of the Occupational Pension Schemes (Governance and Registration) (Amendment) Regulations (NI) 2024. The Committee considered the statutory rule at its meeting on 11 April and understands that the regulations' primary objective is to integrate provisions from the Investment Consultancy and Fiduciary Management Market Investigation Order 2019, which was made by the Competition and Markets Authority, into our pensions law. That integration will allow the Pensions Regulator to oversee compliance by trustees, thereby ensuring the effective monitoring and enforcement of governance standards. That is to be welcomed. <BR /> <BR />The Committee understands that there are a number of key aspects to the regulations. The first is governance enhancements.”
“<BR /> <BR />In conclusion, Committee members were agreed that the Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (NI) 2024 represented a forward-thinking approach to pension provision. These regulations offer enhanced security, stability and predictability for pension scheme members. Following the briefing and a question and answer session, the Committee recommended that the regulations be approved by the Assembly. On behalf of the Committee, I am content to recommend that the Assembly approves the Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (NI) 2024.”
“The regulations also require regular reporting to ensure ongoing compliance and effective oversight. <BR /> <BR />The Committee was content that the regulations promote sustainable investment practices, ensuring that the schemes are aligned with broader economic and environmental goals. The regulations also include strong governance and member protection, including requirements for the qualifications and conduct of trustees and scheme managers. Enhanced protection measures are in place to safeguard members' interests, including mechanisms for dispute resolution and member engagement. The Committee recognises that the regulations support greater diversity and choice in the pensions market for employers and employees.”
“The key features of the regulations are that the CMP schemes are designed to offer a more stable and reliable income for pensioners by balancing risks more effectively across scheme members, and they include specific provisions for the establishment, administration and governance of collective money purchase schemes. <BR /> <BR />The regulations outline the criteria for the establishment of CMP schemes, ensuring that they are established by credible and capable entities. Those include rigorous initial assessments to confirm that the proposed schemes have robust financial and operational frameworks. Clear guidelines are provided to ensure efficient administration, emphasising the importance of accurate record-keeping and transparent communication with members.”
“As Deputy Chairperson of the Committee for Communities, I support the Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (NI) 2024. The Committee considered this statutory rule at its meeting on 29 February 2024. At that meeting, Committee members were briefed by departmental officials who provided information on the purpose and scope of the regulations. Committee members heard that these regulations revoke and replace the previous 2023 regulations, ensuring the continuity of the authorisation and supervisory regime for collective money purchase schemes. <BR /> <BR />Collective money purchase schemes, which are also known as collective defined contributions schemes, pool contributions and investment risks, thereby providing more predictable benefits, compared with traditional defined contribution schemes.”
“The amendments will provide greater scrutiny and peace of mind to pension scheme members from knowing that their retirement savings are being managed prudently and ethically. By fostering transparency and accountability, we build greater trust in the pension system. <BR /> <BR />The Committee understands that the amendments have been developed in consultation with industry experts, stakeholders and representatives of pension scheme members. There is broad support for the changes, reflecting a consensus on the need to modernise and strengthen our pension regulations. Therefore, I am content to recommend that the Assembly approves the regulations.”
“<BR /> <BR />In order to protect scheme members from excessive charges, the regulations set clear limits on the fees that can be charged by pension scheme providers. That ensures that members receive the maximum benefit from their contributions and that their pensions are not eroded by high administrative costs. <BR /> <BR />Lastly, the regulations will support the introduction of stronger governance measures to ensure that pension schemes are managed in a transparent and accountable manner. That includes stricter requirements for the qualifications and conduct of trustees and managers of pension schemes, as well as regular reporting and oversight mechanisms. <BR /> <BR />The Committee is content to support the regulations as it understands that the intent is to improve benefits to members.”
“Members also recognise that the regulations further amend a number of sets of existing regulations relating to the administration and governance of occupational pension schemes. <BR /> <BR />Improved administrative processes will ensure the most efficient management of pension schemes. That includes updated record-keeping requirements and enhanced data protection measures to safeguard the personal information of scheme members. <BR /> <BR />The regulations introduce new guidelines for the investment strategies of pension schemes. Those guidelines emphasise the importance of sustainable and responsible investment practices, aligning with global best practice and considering the long-term impact on the environment and society.”
“I rise as Deputy Chair of the Committee for Communities to support the introduction of the Occupational Pension Schemes (Administration, Investment, Charges and Governance) (Amendment) Regulations (NI) 2024. <BR /> <BR />The Committee considered the regulations at its meeting on 11 April, and members were made aware of the fact that the update is needed to enhance the framework governing occupational pension schemes across the North. The amendments focus on four key areas — administration, investment, charges and governance — and will amend existing regulations to require trustees or managers of most defined contribution occupational pension schemes to publish their policies on investment in illiquid assets and information about the types of assets in which their schemes have investments.”
“I thank the Minister for the update. Does she also agree that a unified approach from the Executive to the Treasury, whether under this British Government or a new Government, is essential to ensuring that our public services are properly funded?”