Ulster Unionist MLA Robin Swann has criticised the Department of Social Development for refusing to publish a legal memo which refers to the legislative competence of the Welfare Reform Bill.

Mr Swann, who is also Vice Chairman of the Ad Hoc Committee established to check conformity of the Welfare Reform Bill with equality requirements, said;

“The Memorandum on the Compatibility of the Welfare Reform Bill with the European Convention on the Human Rights is a key document which supposedly helps to form an assessment of whether the Bill reflects the obligations of the Assembly in terms of compliance with human rights and equality matters.

It is totally unacceptable for the Department to refuse to publish a document as important as this. I have previously questioned officials whether the Attorney General had commentated on the Bill, and even though they claim he has signed off on it, for some reason they are unwilling to publish relevant documents. Many people continue to have fundamental concerns about this legislation and the fact that the Department is unwilling to act in a transparent manner will only further compound these fears.  

The Welfare Reform Bill is the biggest shakeup to our social security system in generations and it has the potential to streamline what is widely accepted to be an unwieldy benefits system here. However, the Bill will not only address the administration of benefits but also their rates and peoples eligibility to receive them.

So far the Department of Social Development has taken a derisive attitude towards this legislation, not least through failing to address Northern Ireland’s differing circumstances to England, and these further attempts to keep crucial documents confidential will do little to instil confidence in the process.

The Ulster Unionist Party has asked the Department two key questions. Firstly we need to know who wrote this memo to determine its legal integrity, and secondly I have asked the Minister directly whether he will on this occasion waive legal privilege and provide the Assembly, the Ad Hoc Committee and the wider sector with the openness they need to make a sound judgement on it. I do not believe this to be an unreasonable ask.”