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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“<BR /> <BR />In conclusion, I welcome the Bill, and the Committee looks forward to scrutinising it in more detail during the Committee Stage, during which members hope that we can carry out meaningful engagement with interested stakeholders, particularly our young people and young workers across a range of sectors.”
“At this early point, it can be noted that introducing pensions at a younger age will increase financial awareness among young workers and help them to understand the importance of saving for retirement, better financial planning and money management skills throughout their working lives. The Committee is also keen to seek out more information about the potential employer impacts, particularly from sectors and employers that rely on young workers. Equally, some young workers may feel a financial strain if a portion of their income is diverted to their pension, which could impact on their immediate spending and lives as well as their saving behaviour. The Committee is keen to hear directly from the Youth Assembly to seek its views on the inclusion of younger workers in auto-enrolment schemes.”
“<BR /> <BR />The Committee also discussed the importance of a robust communication strategy to ensure that young workers are aware of their rights and the benefits of automatic enrolment, one that is tailored to the communication platforms on which younger workers engage with news and changes to their lives. It was noted that traditional government websites may not be the most effective means of reaching that demographic. The Committee is keen to use innovative and relevant communication channels to engage with and seek the views of young workers when it receives the Bill for scrutiny. <BR />The Committee for Communities welcomes the opportunity to dig a little further and try to engage as much as possible on this short but important Bill.”
“At the Committee meeting, members raised queries on the forecast costs that the Bill might impose on businesses and the public purse. We were reassured to note that, because the mechanisms for auto-enrolment already exist and are in place, the Bill will not impose any substantial costs on businesses at this time, although that has the potential to change over time. Officials made the point to the Committee, however, that the benefits of the Bill to workers will outweigh the costs over time. <BR /> <BR />The Committee welcomed the fact that a full equality impact assessment has been carried out and that it identified no adverse impacts on section 75 groups. It was noted, however, that there were only five responses to the EQIA consultation.”
“Committee members asked at the meeting whether individuals would still have the ability to opt out and noted that that is an option.”
“"Eligible" is defined as meaning workers who are not already in a workplace pension scheme, who are between the age of 22 and the state pension age and who earn more than a minimum earnings threshold of £10,000 a year. The Bill will reduce from 22 to 18 the lower age limit at which otherwise eligible workers must be automatically enrolled in a pension scheme by their employers and reduce or repeal the lower limit of the qualifying earnings band so that contributions are calculated from the first pound earned. Pensions may not be a subject that young people think of when they join the world of work, so the Bill will ensure that they can automatically start to save towards their future from an earlier age.”
“As the Deputy Chair of the Committee for Communities, I will speak in support of the Bill at this stage. The Committee was briefed on the Bill by departmental officials at its meeting on 23 May. Committee members were reminded that changes relating to automatic enrolment were introduced back in 2012 to enable more people to save for their retirement and to shift more people towards making pension saving the norm for them. Members were told that, in the North in 2021, up to 73% of employees belonged to a workplace pension scheme. That is positive, and it is clear that that percentage will be further increased as a result of the Bill. <BR /> <BR />As the Minister outlined, as the law stands, employers are required to enrol all eligible workers in a qualifying workplace pension scheme and to make pension contributions.”
“<BR /> <BR />In conclusion, while the Committee acknowledges the importance and urgency of addressing the legislative disparity, it has not had sufficient opportunity to gather enough evidence to reach any settled or consensus view on the Bill. The accelerated passage procedure limits the Committee's ability to perform any such scrutiny. The Committee will follow the progress of the Bill's later stages with keen interest. Once again, we urge the Department to remain open to further engagement and consultation to address any emerging issues. It is our collective responsibility to ensure that the legislation that we pass is robust, comprehensive and truly in the best interests of our citizens.”
“Those findings are mirrored in our system, as is evident in the expert panel report on improving safety in high-rise residential buildings in the North, which concluded in April 2023 with 15 recommendations. In addressing those issues, the Committee recognises the importance of extensive consultation. It has been assured by the Department and the Minister that extensive consultation will be undertaken with residents, industry experts, building managers and public-sector clients. The engagement is crucial to ensure that the reforms are effective and proportionate to the specific context in the North.”
“The advice provided more information on the potential legal implications that arise from the Bill, particularly its retrospective application and the potential challenges that could arise. The legal insight underscored for Committee members the potential complexity of the issues at hand. <BR /> <BR />Lastly, in the context of broader engagement, the necessity for the Bill is underscored by the broader context of building safety reform following the Grenfell tragedy. The subsequent review identified systematic failures in the regulatory system, issues with competence, poor behaviours, a lack of inspection oversight and unclear roles and responsibilities.”
“<BR /> <BR />Additionally, the Committee was briefed by the Royal Society of Ulster Architects (RSUA) on 16 May. The representatives expressed concerns about the Bill having unintended consequences, particularly in the absence of a larger programme of reforms similar to that in Britain. The RSUA stressed concerns that a broader regime to tackle defective premises is likely to have to wait until the next Assembly mandate. The delay is a concern, as it leaves a gap in comprehensive safety reforms that are urgently needed and must be fair to all. <BR /> <BR />Furthermore, on 23 May, the Committee received legal advice from the head of the Assembly's legal services.”
“Officials clarified that the new limitations period will not apply to cases that have already been finally determined by a court but will offer extended opportunities for new claims. That is a critical aspect of the Bill, as it seeks to provide justice to those who may have previously been disadvantaged by the shorter limitation periods. Thirdly, the Committee queried the potential impact on the building industry, especially our small and medium building companies or family builders and building professionals. Officials assured us that while initial administrative costs are expected, the long-term benefits of the Bill, particularly in enhancing building safety and consumer protection, will outweigh the costs. It is imperative that the industry be prepared and supported through the changes to mitigate any adverse effects.”
“<BR /> <BR />During the meeting, the Committee engaged in detailed discussions that raised several pertinent questions and concerns. The first was about cross-departmental responsibility. The officials outlined the fragmented nature of our current regulatory system, with responsibilities that cross six Departments and 11 councils. The Bill aims to streamline those responsibilities, though concerns remain about the clarity and accountability of those roles post legislation. The fragmentation has long been a point of contention, and the Bill's attempt to address it is welcome, though it must be thorough and effective. Secondly, questions were raised about the retrospective application of the Bill, particularly concerning ongoing legal cases and the settling of claims.”
“That involves changes to the Defective Premises (NI) Order 1975 and the Limitation (NI) Order 1989 to extend the limitation periods for action that relate to defective premises from six years to 15 years and, in some cases, up to 30 years. <BR /> <BR />On 16 May, the Committee was briefed by officials from the Department for Communities. The officials provided a comprehensive overview of the Bill, explaining its content and the necessity for it. The Grenfell tragedy of 2017, which claimed the lives of 72 innocent people, led to a review of building safety across the UK that resulted in the Building Safety Act 2022 in England and Wales. Similar systematic issues that were identified in our jurisdiction necessitate comparable legislative action.”
“The Bill is of considerable importance, as it seeks to rectify a significant legal disparity that currently places citizens in the North at a disadvantage to residents in England and Wales. At present, the statutory limitation period related to liability for defective premises in the North remains at six years, placing our citizens at a disadvantage. The Bill aims to address that disparity by amending our legislation to align with the provisions of the Building Safety Act 2022. The Defective Premises Bill consists of four substantive clauses. The primary aim is to replicate the provisions made in the Building Safety Act 2022.”
“We want to ensure that people here are not disadvantaged compared with residents in England and Wales. We support the motion for accelerated passage and reiterate the need for the Minister to consider the concerns raised, thus ensuring that the Bill is fit for purpose.”
“Nevertheless, Committee members recognise the urgency and importance of addressing the legislative disparity that currently places citizens in the North in a different position from those potentially affected by defective premises in England and Wales. <BR /> <BR />As Deputy Chair, I have to outline that the Committee does not have a determinative role in whether accelerated passage should be granted for the Bill. That is a matter for the House. <BR /> <BR />That concludes my comments as Deputy Chairperson of the Committee. I will now make some comments as Sinn Féin spokesperson. As reiterated, we acknowledge and recognise that the accelerated passage process limits scrutiny and stakeholder engagement, and we have flagged those concerns with the Minister. We understand the reason for acting urgently.”
“Learning from the past, the House knows well the importance of robust scrutiny mechanisms and transparency. It is incumbent on me, as Deputy Chair of one of the scrutiny Committees, to highlight the risks of inadequate time for scrutiny and the need for careful legislative review to prevent repeating past mistakes. <BR /> <BR />In summary, the Committee has no consensus position. The accelerated passage process limits thorough scrutiny and stakeholder engagement. The Committee wrote to the Minister to ask him to consider whether the Bill would benefit from proceeding through normal passage, including a Committee Stage. The Committee also sought and received its own legal advice and further information on the potential legal implications of the Bill, particularly its retrospective application.”
“On that, we should acknowledge that additional requests to brief Committee and individual correspondence submitted in last week's tabled papers had to be redirected straight to the Minister for information, given the utilisation of accelerated passage. <BR /> <BR />Members need to weigh up the Minister's argument for urgency against the risk of hurried legislation. The Committee is cautious about the consequences of passing legislation without the level of scrutiny afforded by the Committee Stage of a Bill's progression. <BR /> <BR />While discussing the Defective Premises Bill is not restricted by sub judice rules, the Committee was cognisant that there is still potential for the Minister or the Department to avoid answering certain questions, which could further limit the House's ability to scrutinise the Bill effectively.”
“The Committee heard that compressing the timelines between the remaining stages of the Bill, curtailing the opportunity to consider and develop amendments, is particularly concerning for complex and technical Bills, where detailed examination is crucial. <BR /> <BR />The Committee also heard concerns about transparency. Given the reduced scrutiny inherent in the accelerated passage process, maintaining transparency in the remaining legislative stages is vital. The limited engagement with stakeholders due to the accelerated process may result in insufficient understanding of the Bill's impact and application, potentially overlooking significant technical issues and concerns raised by those directly affected.”
“They voiced concerns about the Bill, particularly regarding the potential unintended consequences of a couple of clauses in the absence of a broader programme of reforms similar to those enacted in England and Wales via the Building Safety Act 2022. <BR /> <BR />Members had a series of concerns and unanswered questions about the Bill that became more apparent as accelerated passage was discussed as the Minister's preferred option. Concerns about the accelerated passage process included the reduction in scrutiny, as the accelerated passage process removes the Committee Stage, significantly limiting the opportunity for thorough consultation with relevant stakeholders and making considered recommendations for amendments. The Committee acknowledges that that reduction in scrutiny could lead to oversights in the legislation.”
“On 16 May, departmental officials briefed the Committee on the Bill. The session provided the Committee with an overview of the Bill's four clauses, covering its intent and provisions. The Committee had heard about a new Bill via media reports and had written to the Minister seeking information about the scope of the Bill and a timeline for bringing it forward, as we were undertaking a planning session and were keen to have clarity on the number of Bills the Committee would receive for scrutiny. <BR /> <BR />In March and April, the Committee began to receive correspondence from interested stakeholders. At the meeting on 16 May, we also heard directly from representatives of the Royal Society of Ulster Architects (RSUA).”
“I thank the Minister for his answer. What additional funding has the Department allocated to Magee for expansion in 2024-25?”
“I will now make some brief comments in my capacity as a Sinn Féin MLA. Throughout the Chamber, we recognise that the financial package that accompanied the restoration of the Executive was always going to fall far short of what was required, given the years of continuous underfunding of this institution. On that note, I acknowledge the work that the Minister of Finance has done to secure the commitments made to date as part of the interim fiscal framework, in what were undoubtedly very difficult financial circumstances. We now need to look towards further devolution in order to allow for more long-term strategic planning, including a multi-annual budgetary framework and proper investment across public services, including in the core bodies that are responsible for scrutiny, transparency and accountability.”
“The Committee would support a multi-year budgetary framework in the future, enabling a more strategic budgetary focus. I am pleased to see that the Department of Finance's Budget document has made provision for the figures agreed by the Committee in its report published on 9 April.”
“<BR /> <BR />Members of the Committee were struck by the wide remit of the Public Services Ombudsman, despite its relatively small budget, as well as the growing number of complaints considered by the office since its inception in 2016. Members were particularly interested to hear about the recently introduced role of the office in relation to the Complaints Standards Authority. That, combined with investment in other preventative measures, such as the own-initiative programme, could lead to savings further down the line and reduce the number of complaints finding their way to the Public Services Ombudsman in the first place. <BR /> <BR />The Committee also probed a number of generic areas with all three bodies, and members received assurances and commitments in that regard.”
“It was also noted that the scrutiny role of the Audit Committee and Assembly Commission needs to be codified going forward. <BR /> <BR />Moving on to the Audit Office, members questioned officials on how they justified additional funding above the previously agreed 2022-25 budget. Members were concerned to hear of the potential risks to the office's public audit function and its vital scrutiny work. The Committee considers that scrutiny integral to public finances. The Committee also noted the Public Accounts Committee's recent observation that the Audit Office's average spend per full-time employment was well below other public audit agencies in Britain. The Committee stands over its decision to fully support the work of the Audit Office.”
“With the limited time available to me today, I cannot dwell on the minutiae of the evidence gathered by the Committee. However, I wish to reflect on some particular areas. <BR /> <BR />First, in relation to the Assembly Commission, it is clear that a large part of the Assembly's budget is driven by costs set out in the Assembly Members' salary and expenses determination. The Commission is legally obliged to meet those costs. However, members questioned officials on the controllable portion of the Commission's budget. Elements included potential energy savings and sustainability; staffing implications of a fully functioning Assembly; and the Commission's capital budget and staffing resources. Members also noted the anticipated financial implications of recent changes, such as the introduction of the Windsor Framework Committee.”
“I speak as a member of the Audit Committee to reflect the scrutiny of the Budget 2024-25 for the Assembly Commission, Audit Office and Public Services Ombudsman. <BR /> <BR />The Committee's agreed report by way of letter on its deliberations was published on 9 April. The main role of the Audit Committee is to scrutinise and agree the budgets and estimates of the Audit Office and Public Services Ombudsman. The Committee also undertakes scrutiny of the budget for the Assembly Commission in a similar manner. The Committee fulfils that function in place of the Department of Finance, in recognition of the independence of those non-ministerial bodies. The Committee's evidence gathering and deliberations took place over its first two meetings of the mandate on 6 March and 9 April.”
“Live links allow children to give evidence in safe, child-friendly environments, which is critical. Live links in courts and tribunals also play a critical role in protecting victims. <BR /> <BR />Like my Committee colleague, the previous contributor, I had the opportunity to visit the live links facility in Belfast. It is an absolutely fantastic facility that we should look to extend to other areas across the North, so that more people can benefit from it. I, too, commend the staff, who are very dedicated and are committed to providing that service.”
“I, too, welcome the extension of provisions, under the Coronavirus Act 2020, relating to live links for courts and tribunals. We support the motion. Although our preference would have been to include the live links provision in primary legislation in the Assembly, we support this continued short-term measure. We welcome the fact that the Minister has made a commitment to ensuring that this will be included as part of a wider Bill that will be introduced. We understand the importance of live links pleas for the criminal courts, and, in particular, the stress and anxiety that they remove for victims. The extension of live links is essential for victims of crime, and that is why we need to see legislation that includes this as soon as possible.”
“I thank the Minister. The intermediate-rent model and the 300 new homes are welcome. The Minister mentioned need. Can he outline the potential locations of the additional homes, given the fact that the likes of Foyle — my constituency — and Belfast have the highest level of housing need? How will they be prioritised? Secondly, will these homes include the option to purchase the property under the right-to-buy scheme?”
“I thank the Minister for her update on the five project advisory groups. We can see, from the Minister's statement, the positive impact that they are making on cooperation and criminal justice matters. In relation to the youth justice project advisory group, can the Minister provide any insight into or update on the work that is being undertaken by the North/South research hub on youth justice, Stable Lives Safer Streets?”
“I thank the deputy First Minister for her answer. Does she agree that the Communities in Transition programme has made a difference to tackling paramilitarism and that the work should be expanded?”
“I once again call on the Minister to publish the housing supply strategy in the first instance and then to work with the Department to deliver on the recommendations that are in the Department for Communities' October 2022 report on recommendations to advance community wealth building, particularly on working with our largest social housing landlord, in order to develop and implement a community-led housing framework.”
“If we are to get serious about eradicating homelessness and reducing housing stress and the continued over-reliance on temporary forms of accommodation, which we have all heard about today in headline news, that vital work needs to be progressed for our families. <BR /> <BR />Although the primary aim of departmental officials is often to maximise capital receipts from assets, there are clear circumstances wherein the social benefit and social value that stands to be realised must be examined.”
“Government bodies should be legally required to map and publish their register of all their land and buildings. Land and Property Services (LPS) could collect and publish that information in a consistent and accessible manner. <BR /> <BR />Third-sector organisations are often to the fore of delivering essential services and helping to improve people's life and well-being. They should be given the right to purchase, lease, manage or use public-sector land and buildings unless it is in the public interest not to do so. A paramount area of consideration must be the extent to which those organisations' proposed use of the asset can contribute to our previous Programme for Government (PFG) objectives, particularly those on reducing housing stress.”
“I thank Development Trusts NI, which briefed our MLAs last week on community asset transfer, particularly in the context of housing need not only in my constituency of Foyle but across society in the North. <BR /> <BR />There is an inextricable link between community asset transfer — community wealth building — and housing that surrounds the vital importance of delivering a socially productive use of land and property and achieving equality of housing for all. Across our Executive, Departments should be updating and publicising their asset register, as allowing for full transparency on the use and location of all government assets will make it easier to identify land, whether it is surplus or underutilised, for housing development and community use.”
“Achieving housing for all will have positive implications for the health and well-being of every generation, and our communities and families cannot wait.”
“<BR /> <BR />It is also important that we can and must deliver a more regionally balanced economy, unlock the full potential of our tourism sector and, coinciding with that, resource a long-term plan for building homes both for social rent and to be made available for homeowners. We must see urgent developments on the Housing Executive reform project alongside improved housing standards and energy efficiency. Additionally, we need to see enhanced regulation of those who are involved in house letting. <BR /> <BR />In order to provide a long-term framework to work to across the four-party Executive and the Opposition, I ask the Minister for Communities to publish the housing supply strategy with a sensible timeline for delivery and also to ensure that housing is and will remain a priority in the forthcoming Programme for Government.”
“Young people deserve to have suitable housing available in their area of choice, including the communities in which they grew up or where they find work, whether that is urban, rural or coastal. We must ensure that design standards are improved to meet a diversity of needs, including for people with physical disabilities and larger families who are currently living in unsuitable homes without the facilities, space or independence that they need. Every home that is built that is not accessible or adaptable to a diversity of needs is a wasted opportunity and a future problem.”
“The crux of our challenge remains both the availability and affordability of housing, alongside adequate support to tackle poverty and support for low-income households. <BR /> <BR />Housing is a human right, as defined by the Universal Declaration of Human Rights and recognised in international human rights law. However, much more work is needed for that to be realised, including government policy, which can help to guide housing provision. We all have a duty to ensure that every person has access to a safe, secure and affordable place to call home. We must use our collective knowledge about the key issues in respect of housing need, which is further examined by the Department, to ensure that we can prevent any imbalance in housing diversity, affordability and availability across our different communities.”
“I thank the Member who secured the Adjournment debate on housing need. Although the debate is specific to the north coast, including parts of the Causeway Coast and Glens Borough Council area, it is important to reiterate that we recognise the growing need that exists across all our constituencies. When we consider the data, broken down by council area, it is clear that there is significant need in all our constituencies, particularly in Belfast and Derry. However, coastal areas, such as Causeway Coast and Glens and Newry, Mourne and Down, for example, face unique challenges, including those that relate to the proliferation of short-term lets and second homes. As we are well aware, as of September 2023, 45,615 households were on the social housing waiting list .”
“I very much welcome the Minister's statement. It is really good that there is prioritisation of special educational needs and capital investment in it. There is just one area that I wanted to focus on, which is specialist provision in mainstream schools. There are 500 such classes across the North: is there a commitment to audit the support that those classes require, in addition to any new places? <BR /> <BR />I welcome the second campus at Ardnashee School in the city. That indicates to us the importance of future-proofing in relation to long-term planning, so thank you for that.”
“Will the Minister provide further detail on the childcare funding that will be provided in the Budget?”
“The victims' payments scheme is a crucial support mechanism for those who have suffered permanent injury during conflict. My question is about cost. At one stage, it was suggested that the scheme would cost upwards of £600 million. Will the First Minister outline the future funding arrangements for the scheme?”
“Can the Minister outline the most up-to-date projected scale of social housing investment required to address the backlog in maintenance and reflect decarbonisation costs to future-proof our social homes?”
“I welcome the fact that the Minister spoke about getting better at the verification process for intimidation points and that he will seek clarity on that. Can the scheme be broadened to protect those at risk from domestic abuse?”
“They had to fight for jurors to have their income protected and to be selected in a transparent way, as they would in the court system. For that remarkable resilience and resolve, we salute them. The 48 young lives that were taken on the night of the Stardust tragedy will be for ever missed by those who love them the most. Now each family has the comfort of knowing the truth of that night and why their loved one died. <BR /> <BR />Tomorrow, the Taoiseach will make a full state apology to the victims, the victims' families and the survivors. It is vital that that apology address the failures of Governments, not just in the aftermath of the tragedy 43 years ago but every day since. In conclusion, I send my love and solitary to all those families and the survivors.”
“I send my support and solidarity to the families of the Stardust tragedy of 1981. My thoughts are with the survivors and the families of those who lost their lives in that tragedy. They have campaigned tirelessly for over 40 years for truth and justice. The determination and desire that those people have shown has been nothing short of inspirational. Last week's verdict confirmed what survivors and families have always known. <BR /> <BR />It has been a long and heartbreaking road. They have overcome so much, including the obstacles put in front of them. They had to fight until 2019 to get a second inquest, and they had to continue to fight the state every day until that inquest started. They had to fight to ensure that the resources were in place so that every family could participate in the inquest and get access to justice.”