A round up of news from the Law Centre's policy unit.

Introduction

Law Centre (NI) Policy Unit has agreed its objectives for the incoming year to March 2008. We will deliver:

• a North-South migrant workers event,
• a seminar on refugee law developments internationally (in partnership with the Human Rights Centre, Queen’s University, Belfast),
• a conference on World Mental Health Day (10 October 2007): the Bamford Review – one year on,
• a United Nations High Commission for Refugees inter-agency event,
• a seminar on free personal care in residential/community settings (with Rights in Community Care),
• at least twelve policy submissions,
• pro-active work towards the development of mental health legal reform and appeal tribunal reform,
• four thematic policy fora meetings and four policy bulletins.

Already, the Policy Unit has responded to the Department of Work and Pensions consultation on Industrial Injuries Disablement benefit scheme, the Bamford Review - a comprehensive legislative framework, and the UK Borders Bill consultation.

You will note from the policy news below that the team is working extremely hard to meet these objectives.

Bamford Review

The Law Centre submitted a full response to the final report of the Bamford Review of Mental Health and Learning Disability (NI), a Comprehensive Legislative Framework. We welcome the principles-based approach to the reform of mental health law in Northern Ireland and the introduction of capacity-based legislation.

Our response highlights certain areas of concern including the lower-ing of the qualifying test for admission for assessment, the increase in the period of detention for ass-essment from four-teen days to 28 days and proposals for a two-tiered approach to risk assessment.

We also make a number of recommendations for the reform of mental health legislation in Northern Ireland such as developing the role of the Mental Health Review Tribunal into a decision-making body similiar to the Mental Health Tribunal for Scotland, the need for a statutory duty to provide adequate and appropriate treatment and care for those who voluntarily seek to access services and the provision of free legal representation for people with mental health problems detained for treatment.

Community care

The Law Centre continues to advocate for the rights of older people in healthcare. In February, we responded to a call for evidence by the Joint Committee on Human Rights on the Human Rights of Older People in Healthcare. The Committee continue to consider submissions and is completing its hearing of oral evidence on this issue. We await the publication of the Committee’s findings on this important issue and will provide further comment once the report is published.

Policy work in this area is also advanced through the Law Centre’s participation as a founding member of Rights in Community Care (RICC) which campaigns for the introduction of free personal care. RICC has now expanded its work to look at the wider issues of funding of long term care in Northern Ireland, including third party top up payments, continuing care costs, direct payments and carers assessments. We are producing a briefing on Long Term Care to highlight particular areas of concern.

Industrial Injuries Disablement Benefit Scheme

As part of the government’s ongoing commitment to Welfare Reform, the Department for Work and Pensions has advised of its intention to review the Industrial Injuries Disablement Benefit scheme. The first public consultation on the nature of the reform closed at the end of April. The Law Centre’s response highlighted a number of concerns about the current scheme and areas for reform. Principal amongst these are the call for increased recognition and awareness of mental injury as a work-related injury, the need for a greater focus on vocational rehabilitation as part of any reform and the redrafting of the prescribed list of diseases and occupations.

Meeting political parties

The Law Centre has recently met with political parties including the Ulster Unionist Party, Sinn Fein, Democratic Unionist Party, Social Democratic and Labour Party and the Alliance Party.

The purpose of the meetings was to outline the overall role of the Law Centre and specifically its policy team, to explore common concerns and possible future working relations and to develop information sharing mechanisms in our areas of practice.

Throughout the meetings, the political parties’ manifestos for 2007 were referred to, specifically in relation to areas of mutual concern.

Without exception, the meetings were positive and constructive. Discussions mostly concentrated on welfare reform, older people and community care, immigration and asylum and the Bamford review.

Older people/community care

There was wide-ranging debate on the human rights of older people, health care free at the point of delivery, the Rights in Community Care campaign (long-term care and top-up fees), free personal care within residential and nursing homes, a charter of rights for senior citizens, and the important role of the Older People’s Strategy Group.

Immigration and asylum

There was discussion concerning the UK Borders Bill (2007) and the Immigration, Residence and Protection Bill in the Republic of Ireland (now delayed due to the election in the Republic). Specifically, there was discussion on the detention of asylum seekers, the use of detention centres in Scotland and England, migrant workers and immigrants having access to public services, and employment rights. We also discussed issues relevant to migrant workers, employers and agency workers around forthcoming government consultations.

Whilst immigration is a reserved matter in terms of legislation, and dealt with on a UK wide basis, there were Northern Ireland specific issues that needed to be addressed.

We highlighted the role of the North-South Immigration Forum in identifying Immigration practice issues and training needs, examining new legislation and policy developments and identifying any potential cause for concern.

Bamford Review

We debated the proposals for the introduction of capacity based legislation in Northern Ireland and associated issues such as free legal representation for people with mental health problems detained for treatment and the role of the Mental Health Review Tribunal. We also discussed the need for funding to match the overall aspirations of the review. All parties were given copies of the Law Centre’s briefing paper on the review.

Welfare reform

Discussions centred upon the reform of Incapacity Benefit, which is at the heart of the new Welfare Reform legislation. The Law Centre highlighted a number of concerns about the proposed scheme including the compulsory nature of participation for claimants with mental health problems and the role and experience of personal advisers.

Further, there was some debate around the Industrial Injuries Disablement Benefit scheme.

Other issues

Other matters discussed with the political parties included:

• the development of a Single Equality Bill for Northern Ireland and the drive for a Bill of Rights for Northern Ireland;
• the promotion of Northern Ireland as a distinct region in the UK;
• prescription charges, eye and dental charges;
• the cost of Agency workers within health and social services;
• the cost of major reforms and implications in terms of meeting those costs.

Finally, it was agreed that where possible and appropriate, further meetings, both formal and informal, would occur.