Official Report (Hansard) Tuesday 10 June 2014 Volume 96, No 2 Session 2013-2014 Contents Executive Committee Business Employment Relations (Northern Ireland) Order 1999 (Blacklists) Regulations (Northern Ireland) 2014 ................................................................................................................................................... 1 Budget (No.2) Bill 2014: Second Stage ............................................................................................ 4 Oral Answers to Questions Health, Social Services and Public Safety ........................................................................................ 21 Justice ................................................................................................................................................ 29 Northern Ireland Assembly Commission ........................................................................................... 38 Executive Committee Business Budget (No.2) Bill 2014: Second Stage (Continued) ........................................................................ 44 Adjournment Cancer Services: South Belfast ........................................................................................................ 88 Suggested amendments or corrections will be considered by the Editor. They should be sent to: The Editor of Debates, Room 248, Parliament Buildings, Belfast BT4 3XX. Tel: 028 9052 1135 · e-mail: [email protected] to arrive not later than two weeks after publication of this report. Assembly Members Agnew, Steven (North Down) McAleer, Declan (West Tyrone) Allister, Jim (North Antrim) McCallister, John (South Down) Anderson, Sydney (Upper Bann) McCann, Fra (West Belfast) Attwood, Alex (West Belfast) McCann, Ms Jennifer (West Belfast) Beggs, Roy (East Antrim) McCarthy, Kieran (Strangford) Bell, Jonathan (Strangford) McCartney, Raymond (Foyle) Boylan, Cathal (Newry and Armagh) McCausland, Nelson (North Belfast) Boyle, Ms Michaela (West Tyrone) McCorley, Ms Rosaleen (West Belfast) Bradley, Dominic (Newry and Armagh) McCrea, Basil (Lagan Valley) Bradley, Ms Paula (North Belfast) McCrea, Ian (Mid Ulster) Brady, Mickey (Newry and Armagh) McDonnell, Alasdair (South Belfast) Buchanan, Thomas (West Tyrone) McElduff, Barry (West Tyrone) Byrne, Joe (West Tyrone) McGahan, Ms Bronwyn (Fermanagh and South Tyrone) Cameron, Mrs Pam (South Antrim) McGimpsey, Michael (South Belfast) Campbell, Gregory (East Londonderry) McGlone, Patsy (Mid Ulster) Clarke, Trevor (South Antrim) McGuinness, Martin (Mid Ulster) Cochrane, Mrs Judith (East Belfast) McIlveen, David (North Antrim) Copeland, Michael (East Belfast) McIlveen, Miss Michelle (Strangford) Craig, Jonathan (Lagan Valley) McKay, Daithí (North Antrim) Cree, Leslie (North Down) McKevitt, Mrs Karen (South Down) Dallat, John (East Londonderry) McKinney, Fearghal (South Belfast) Dickson, Stewart (East Antrim) McLaughlin, Ms Maeve (Foyle) Dobson, Mrs Jo-Anne (Upper Bann) McLaughlin, Mitchel (South Antrim) Douglas, Sammy (East Belfast) McMullan, Oliver (East Antrim) Dunne, Gordon (North Down) McNarry, David (Strangford) Durkan, Mark (Foyle) McQuillan, Adrian (East Londonderry) Easton, Alex (North Down) Maginness, Alban (North Belfast) Eastwood, Colum (Foyle) Maskey, Alex (South Belfast) Elliott, Tom (Fermanagh and South Tyrone) Milne, Ian (Mid Ulster) Farry, Stephen (North Down) Morrow, The Lord (Fermanagh and South Tyrone) Fearon, Ms Megan (Newry and Armagh) Moutray, Stephen (Upper Bann) Flanagan, Phil (Fermanagh and South Tyrone) Nesbitt, Mike (Strangford) Ford, David (South Antrim) Newton, Robin (East Belfast) Foster, Mrs Arlene (Fermanagh and South Tyrone) Ní Chuilín, Ms Carál (North Belfast) Frew, Paul (North Antrim) Ó hOisín, Cathal (East Londonderry) Gardiner, Samuel (Upper Bann) O'Dowd, John (Upper Bann) Girvan, Paul (South Antrim) O'Neill, Mrs Michelle (Mid Ulster) Givan, Paul (Lagan Valley) Overend, Mrs Sandra (Mid Ulster) Hale, Mrs Brenda (Lagan Valley) Poots, Edwin (Lagan Valley) Hamilton, Simon (Strangford) Ramsey, Pat (Foyle) Hay, William (Speaker) Ramsey, Ms Sue (West Belfast) Hazzard, Chris (South Down) Robinson, George (East Londonderry) Hilditch, David (East Antrim) Robinson, Peter (East Belfast) Humphrey, William (North Belfast) Rogers, Seán (South Down) Hussey, Ross (West Tyrone) Ross, Alastair (East Antrim) Irwin, William (Newry and Armagh) Ruane, Ms Caitríona (South Down) Kelly, Mrs Dolores (Upper Bann) Sheehan, Pat (West Belfast) Kelly, Gerry (North Belfast) Spratt, Jimmy (South Belfast) Kennedy, Danny (Newry and Armagh) Storey, Mervyn (North Antrim) Kinahan, Danny (South Antrim) Sugden, Ms Claire (East Londonderry) Lo, Ms Anna (South Belfast) Swann, Robin (North Antrim) Lunn, Trevor (Lagan Valley) Weir, Peter (North Down) Lynch, Seán (Fermanagh and South Tyrone) Wells, Jim (South Down) Lyttle, Chris (East Belfast) Wilson, Sammy (East Antrim) Northern Ireland Assembly Tuesday 10 June 2014 The Assembly met at 10.30 am (Mr Deputy Speaker [Mr Dallat] in the Chair). Members observed two minutes' silence. by a resolution of the Assembly on or before 5 Executive Committee October 2014. Business The Department originally consulted on the issue back in 2003, but, as there was no hard Employment Relations (Northern evidence of blacklisting taking place at the time, Ireland) Order 1999 (Blacklists) regulations were not implemented. However, in Regulations (Northern Ireland) 2014 March 2009, the Information Commissioner announced that he had uncovered a vetting Dr Farry (The Minister for Employment and service operated by the Consulting Association, Learning): I beg to move an organisation for companies in the UK construction sector. The Information That the Employment Relations (Northern Commissioner proceeded to prosecute the chief Ireland) Order 1999 (Blacklists) Regulations operating officer of the Consulting Association (Northern Ireland) 2014 be approved. for breaching a provision of the Data Protection Act 1998. I am seeking the Assembly's approval to It was noted that the Consulting Association confirm the Employment Relations (Northern had collected information on the trade union Ireland) Order 1999 (Blacklists) Regulations membership and activities of many individuals (Northern Ireland) 2014. and that that information had in effect been used to blacklist them. Following that The regulations make it unlawful to compile, announcement, the Department for Business, use, sell or supply blacklists that contain details Innovation and Skills (BIS) in Great Britain of people who are, or who have been, trade brought in regulations to prohibit the blacklisting union members or who are taking part, or who of trade unionists. The regulations have been have taken part, in trade union activities, where in force in Great Britain since March 2010. the blacklist may be used by employers to discriminate in recruitment or in the treatment of Given that some of the construction companies existing workers. Under the regulations, current identified in the Information Commissioner’s and former trade union members may complain investigation were linked to operations in to an industrial tribunal if they are refused Northern Ireland, my Department, as the employment, subjected to a detriment or Department responsible for employment law in unfairly dismissed for a reason relating to a Northern Ireland, decided to investigate and blacklist. Also under the regulations, consult on the need for similar regulations. This employment agencies are unable to refuse to consultation ran for 12 weeks from 28 July 2010 provide a service because a worker appears on until 20 October 2010. a blacklist. Following agreement from the Executive and The regulations are subject to the confirmatory the Committee for Employment and Learning, I procedure as laid down in the parent legislation, now intend to enact these regulations formally which is in article 5 of the Employment to prohibit blacklisting in Northern Ireland. This Relations (Northern Ireland) Order 1999. will ensure that all trade union members Article 5 provides the necessary powers to working in Northern Ireland will have similar introduce regulations to outlaw the blacklisting safeguards and protections to those working in of trade unionists. the rest of the UK. The regulations were made on 19 March 2014 The Department does not wish to deter and came into operation on 6 April 2014. To employers from vetting prospective employees, continue to have effect, they must be approved provided such vetting is proportionate and 1 Tuesday 10 June 2014 complies with employment law and data The statutory rule prohibits the compilation, protection principles. The regulations have distribution and use of blacklists to facilitate been specifically designed to target only listing discrimination against trade union members activity that involves trade union membership and activists. Making it illegal for an and activities and to enable affected individuals organisation to refuse employment or dismiss to seek redress from this type of discrimination. an employee for a reason related to a blacklist is necessary to protect employees’ rights. The very specific focus of the regulations should ensure that virtually all vetting activity The Committee considered the proposal to that has nothing to do with trade union matters make the statutory rule at its meeting on 11 is left unaffected. I emphasise that good December 2013 and agreed that it was content employers really have nothing to fear from the with the need for the rule. It agreed,