Northern Ireland Assembly, 2 December 2014

226 contributions from 58 members. The official report.

Ministerial Statements

Jennifer McCann (Sinn Féin, Belfast West)

Go raibh maith agat, Mr Principal Deputy Speaker. In accordance with the statutory requirements, I wish to make the following statement on the indigenous, minority and lesser-used languages (IML) meeting of the British-Irish Council (BIC), which took place in Cardiff on 24 October 2014. I attended the meeting as appropriate Minister in place of the Minister of Culture Arts and Leisure, who was unable to attend. The Minister for Social Development attended as accompanying Minister.

The Welsh Government hosted the meeting, which was chaired by Carwyn Jones AM, First Minister of Wales. The Irish Government were represented by Joe McHugh TD, Minister of State for Gaeltacht Affairs. The British Government were represented by Clive Barbour, head of international, social and economic engagement at the NIO. The Scottish Government were represented by Alasdair Allan MSP, Minister for Learning, Science and Scotland’s Languages. The Government of Guernsey were represented by Deputy Michael O'Hara, Minister at the Culture and Leisure Department. The Government of Jersey were represented by Tony Scott Warren, language officer. Finally, the Isle of Man Government were represented by the Tim Crookall MHK, the Minister for Education and Children.

One of the two main themes of the meeting focused on the place of indigenous, minority and lesser-used languages in early years education. This is an area that Ministers had asked officials to examine and was the subject of an expert and stakeholder seminar entitled ‘Promoting IML languages through early years education’ organised by the British-Irish Council in Cardiff in November 2012. The Council endorsed a paper that captured the key issues in developing and supporting early years education and childcare within indigenous, minority, and lesser-used language communities. The Council also agreed the important role that encouraging linguistic continuity can play through the use of IML languages in childcare and early years education settings in each jurisdiction. In order to achieve that, it is necessary to identify needs, plan for provision and develop resources in the workforce, including through relevant professional development. Quality practice development and the use of relevant research also have a key role to play.

The meeting also received a presentation by Professor Rob Dunbar from Edinburgh University on the second theme of the meeting, which focused on the official report of the British-Irish Council’s seminar on language policy and legislation. The seminar was held in Edinburgh in November 2013 and considered language legislation in BIC member Administrations and further afield. It also considered how to embed IML languages in other legislation; the role of policy as opposed to legislation in supporting and developing IML languages; external influences on IML languages policy; and reflections on the first year of the Welsh Language Commissioner.

The Council noted the report and discussed the important role that legislative, regulatory and policy approaches can play in support of IML languages, whether suitable initiatives in this regard may be appropriate to their jurisdiction and how continued sharing of best practice in the area of language legislation and/or regulation could further support IML languages across the BIC jurisdictions.

The Council also reviewed a report prepared by officials detailing the other activities of the IML languages work sector since the last ministerial meeting in November 2011. Ministers noted the continuing sharing of good practice between member Administrations on language issues. They especially commended the range of bilateral and other relationships built up and facilitated through membership of the Council and the opportunities that those relationships have presented. Particularly noteworthy is the fact that these contacts have been beneficial for the smaller BIC Administrations.

Finally, the Council considered and approved proposals for the future work programme of the IML languages work sector. This will focus on issues relating to language learning for adults, marketing, the arts and digital media, the links between language and the wider economy, and the role of the community in sustaining IML languages. The Council also expressed its view that the three-year cycle between ministerial meetings was too lengthy and requested that consideration be given to more regular ministerial meetings.

Nelson McCausland (DUP, Belfast North)

The work that is carried forward on indigenous minority languages is largely done not at ministerial meetings but in the ongoing work programme between officials. How is the information, good practice and so on that is discovered through that work disseminated to the Department and more widely in culture, arts and leisure in Northern Ireland? I appreciate that the junior Minister is standing in for the Culture Minister, but maybe I could get an indication subsequently.

Jennifer McCann (Sinn Féin, Belfast West)

I thank the Member for his question. He is aware that I attended the BIC meeting on behalf of the Culture Minister. I do not have the complete answer that he requires, but I will certainly pass his question on to the Minister and maybe get a written reply.

Cathal Ó hOisín (Sinn Féin, East Londonderry)

Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Gabhaim buíochas leis an Aire as ucht a ráitis. An dtig liom a fhiafraí den Aire faoin pholasaí teanga, mar an dara téama? Will the Minister give us more information on the second theme of the meeting, which was language policy and legislation? What consideration was given to embedding IML languages in other legislation?

Jennifer McCann (Sinn Féin, Belfast West)

I thank the Member for his question. As I said, the meeting received a presentation from Professor Rob Dunbar, which discussed languages legislation and embedding indigenous minority languages in legislation. There was quite a bit of discussion on the Scottish and Welsh models in particular and on how, when legislation is brought forward, the rights of those language speakers are enshrined in law, how that affords protection for the rights of citizens to use those languages and how it also helps to develop the languages. Ministers felt that it was important to enshrine that in legislation.

Dominic Bradley (Social Democratic and Labour Party, Newry and Armagh)

Go raibh míle maith agat, a Phríomh-LeasCheann Comhairle. Gabhaimse buíochas fosta leis an Aire as ucht a ráitis ar maidin. Ag amharc ar an darna leathanach den ráiteas, is iontach liom an meas atá ag muintir na hAlban agus ag muintir na Breataine Bige ar a dteangacha, agus ritheann sé liom gur trua nach léirítear an meas céadna ar an Ghaeilge anseo. In reference to the theme of legislation and policy, it strikes me that the people of Scotland and Wales have great respect for their languages; perhaps there are people here who could learn something from them. Tá ceist agam faoin téama áirithe sin. Will the Minister tell us what she learned from the discussions around legislation that might be helpful to us here as we plan an Irish language Act? Go raibh míle maith agat.

Jennifer McCann (Sinn Féin, Belfast West)

I thank the Member for his question. As I said in my previous answer, there was quite a lengthy discussion around how legislation enshrines the rights of speakers, particularly the Irish language Act here. The Member will be aware that the CAL Minister believes that legislation is very important for the status that it affords the language and for protecting the rights of citizens to use it. Obviously, it requires the agreement of the Executive and the Assembly. The Minister is on record as saying that, if local agreement cannot be achieved, there is a commitment in the St Andrews Agreement for the British Government to introduce an Irish language Act here. The Minister believes that they should honour that commitment.

Chris Lyttle (Alliance, Belfast East)

I thank the Minister for her statement. Does she agree with the Church of Ireland that support and respect for linguistic diversity is vital in a shared society? What best-practice policy approaches were discussed at that meeting that might help us to lead in relation to respect for linguistic diversity in Northern Ireland?

Jennifer McCann (Sinn Féin, Belfast West)

I thank the Member for his question. I agree that making a mockery of someone's language or insulting an entire language community serves no purpose at all. I made some comments in my previous answer about the legislation. Also discussed at the meeting was the importance of encouraging and developing early years education and learning through the medium of a particular language. If people start learning a language at an early stage and it is open to all members of the community, that is the way to show clear respect. As the language develops, it will gain respect from all communities, no matter which community anyone is from.

David McIlveen (DUP, North Antrim)

In relation to the Minister's last question, surely considerable respect is shown for the diversity of languages in Northern Ireland; we are the only part of the United Kingdom that provides an interpreting service for all our ethnic minority communities. We are unique in that regard, and we should be very proud of that. What discussion took place around how we recognise all the minority languages in Northern Ireland, which, of course, take in many of our recent immigrants over the last 10 years from eastern Europe and other parts of the world?

Jennifer McCann (Sinn Féin, Belfast West)

I thank the Member for his question. He makes a valid point about the importance of translating for people from countries that do not have English as their first language. We are looking at making it easy for people to understand services that are there for them, and we need to ensure that interpretive services are provided in a language that people understand. The Gaeltacht Quarter or the Ulster-Scots hub and visitor centre, which opened last week, are also very important because it is not just about the language; it is about people learning about the culture and all that. It is important that those places are open for people, particularly those from different ethnic minority backgrounds, so that we have that richness. Diversity is where we want to go; we want to see respect and tolerance, as they make our whole society much richer.

Jim Allister (Traditional Unionist Voice, North Antrim)

I suppose it is a commentary in itself that it took six weeks to make this statement and that this useful body only meets once every three years. However, given that there is a real deficit in our early education years of introducing our children to real, meaningful languages that will have commercial use for them in the future and be to the benefit of the country, would the Ministers not have been better spending their time discussing that, rather than discussing esoteric, hobby-language pursuits?

Jennifer McCann (Sinn Féin, Belfast West)

I thank the Member for his question. I found the discussion of languages quite beneficial. The Irish language — I am assuming that is what the Member is referring to — is a very vibrant language, which is treasured by a certain community. We have to look at the Gaeltacht Quarter and how it has developed and sustained a vibrant economy. There is benefit in maximising and realising all the social and economic benefits that come from that.

Simon Hamilton (DUP, Strangford)

Mr Speaker, in accordance with the requirements of the Northern Ireland Act 1998, I wish to make the following statement on the twenty-third summit meeting of the British-Irish Council, which took place in Douglas, Isle of Man on 28 November 2014. The deputy First Minister and I attended the summit. The First Minister was unable to attend and, in accordance with the provisions of the 1998 Act, nominated me to attend in his place.

The Isle of Man Government hosted the summit, and the heads of delegations were welcomed by the Chief Minister of the Isle of Man, the honourable Allan Bell MHK. The Irish government were led by the Taoiseach, Mr Enda Kenny TD. The United Kingdom Government were led by the Secretary of State for Northern Ireland, the Rt Hon Theresa Villiers MP. The Welsh Government were led by the First Minister, the Rt Hon Carwyn Jones AM. The Scottish Government were led by the First Minister, Ms Nicola Sturgeon MSP. The Government of Jersey were led by the Chief Minister, Senator Ian Gorst, and the Government of Guernsey were led by the Chief Minister, Jonathan Le Tocq.

These twice-yearly summits continue to provide an opportunity for the British-Irish Council to play its unique and important role in furthering, promoting and developing links between its member Administrations through positive, practical relationships and in providing a forum for consultation and exchange of information on matters of mutual interest within the competence of those Administrations.

Digital inclusion, which is one of the BIC work streams and was an agenda item at the meeting, is about ensuring that everyone has the opportunity to benefit from the potential of information technology. It was appropriate, therefore, that, although this was the twenty-third summit of the Council, it was our first e-summit.

As is now customary at each summit, the Council discussed the current economic situation. Each member Administration outlined their latest economic indicators and the strategies that they are putting in place. We were pleased to be able to report that there are positive signals of growth across a range of economic indicators and that the cautious optimism recorded at the previous summit has been sustained. We were particularly pleased to report our recent successes on the job-creation and investment fronts.

As its main agenda item, the Council also discussed the benefits and increasing importance of digital participation in everyday life. We reviewed audiovisual material produced collaboratively by the work stream to highlight these benefits and the disadvantages of exclusion. The Council was updated on examples of work under way in the different BIC jurisdictions to promote digital inclusion.

The Council agreed the importance of ensuring that everyone in their jurisdictions has the opportunity to share in the benefits of technology and the Internet, and the potential contribution towards wider government policies, for example accessing public services and tackling issues like social isolation. We discussed the training being provided in Northern Ireland to enable the harder-to-reach, digitally excluded sections of the population to gain digital skills and to access digital services. The Council agreed that officials in the BIC digital inclusion work sector should continue to collaborate on the common themes of people, partnerships and policies and investigate potential opportunities for research cooperation.

The Council noted the work that had taken place across each of the twelve British-Irish Council work sectors since the previous summit in June 2014. In particular, the Council noted the decisions made at three successful BIC ministerial meetings held in that period, namely the BIC misuse of substances, BIC indigenous, minority and lesser-used languages, and BIC environment work sector meetings.

Ministers also noted that further ministerial discussions are planned in a number of work sectors in 2015.

The Council also reviewed the latest youth employment statistics across the Administrations and welcomed the encouraging picture emerging in this important area. The Council noted the secretariat’s mid-year progress against its business plan. Finally, the Council noted that the next BIC summit would be hosted by the Irish Government in June 2015 with a focus on the use and misuse of alcohol.

Peter Weir (DUP, North Down)

He has obviously been promoted today. Can I ask the Minister what the Northern Ireland Executive are doing to increase digital inclusion?

Simon Hamilton (DUP, Strangford)

It is just a temporary promotion, obviously. In the BIC, the Isle of Man leads on digital inclusion. This was the 23rd summit but the first e-summit of the British-Irish Council. There are a growing number of government and private sector services being made available online. I think that that is reasonable, particularly in the circumstances we find ourselves in, and I know only too well in my role as Finance Minister the pressures that Departments face. It can save money, importantly, and make services more accessible to our people, but it is important that, in so doing, we are careful and mindful of the fact that there are some who are outside the digital ways of life. It is almost second nature for young people nowadays, but there are people for whom using the Internet is not something that they are comfortable with or confident in doing. It is important that we continue to work at increasing the number of people in Northern Ireland who are digitally included.

The figures have increased. The work of Go ON NI, which is an initiative led by my Department to get more people online, has reported great success over the last four years. Since its operation, it has increased the number of adults using the internet by 10%, to a total of 80%, which is quite impressive and compares very favourably with other BIC areas. However, it still means that one in five people is not on the Internet, so we continue to work on programmes, particularly with people who are harder to reach, those who live in rural areas, people with disabilities and older people. As is common across the BIC area, we have been using the libraries infrastructure as a way to reach those who do not use the Internet and digital channels to access services.

Bronwyn McGahan (Sinn Féin, Fermanagh and South Tyrone)

Go raibh maith agat. I thank the Minister for his statement. Minister, given that more and more computer applications depend on a high-speed connection to maximise the potential of the Internet, will you elaborate on what discussions took place regarding digital inclusion for rural areas in the North of Ireland?

Simon Hamilton (DUP, Strangford)

We should be rightly proud that we were the first region, not just in the British-Irish Council area but in Europe, to have 100% access to broadband for our citizens. I appreciate that, in some parts of Northern Ireland, the speeds available are perhaps not as fast as they are here in Belfast or in some other urban areas, but we are in a stronger position than they are in in many other areas in the BIC area. I noticed in the discussions that we had at the summit that the Administrations of Scotland and Wales commented on how the topography and geography of their countries made it very difficult to get anywhere near the level of access to broadband that we have.

I entirely appreciate the point that the Member makes. I know that there has been work conducted by the Department of Enterprise, Trade and Investment to identify what are described as "not-spots", where there are lower speeds and sometimes difficulties in getting any sort of signal at all. There are plans and programmes in place to invest in that sort of infrastructure. It is important that, while we fill in the gaps where there are slower speeds of access to the Internet, we continue to invest. We cannot take it for granted. Just because we are the first region in Europe to have 100% access to broadband, we cannot rest on our laurels. Technology is changing all the time. We need to continue to invest so that we get superfast broadband, develop good 4G networks and always stay ahead of the game with the offer that we have not just for our citizens but for the companies that invest in Northern Ireland.

Dominic Bradley (Social Democratic and Labour Party, Newry and Armagh)

Go raibh maith agat arís, a Phríomh-LeasCheann Comhairle. Gabhaim buíochas leis an Aire as ucht a ráitis. I note that the Minister said that representatives were able to report positive signs of growth across a range of indicators in the economy. Was there any discussion of the damage being done to the economy by the austerity policies being pursued by the coalition Government in Westminster?

Simon Hamilton (DUP, Strangford)

There was a discussion around those issues. This was not only my first time on the Isle of Man but my first British-Irish Council summit. In the discussion around the economy, I found it interesting and useful that each of the eight member Administrations outlined how their economy was doing. It was also an opportunity, particularly with UK Government representatives there in the form of the Secretary of State for Northern Ireland and Francis Maude, the Cabinet Office Minister, whilst being always cordial and friendly, to be direct in raising the concerns of our Administration. The deputy First Minister certainly raised these points, and the Welsh and Scottish Administrations said that, while their economies were showing signs of improvement, they had concerns. We are certainly matching Wales and are maybe a little further behind some of the economic developments in Scotland, but we are certainly up there and holding our own.

There was a degree of frankness and directness in raising issues around the reduction in public expenditure and how that is having and will continue to have an impact on our economy. As you might expect, the issue of welfare was also raised with the UK Administration, not always in a positive way. It was a good opportunity to be blunt with the Secretary of State about the impact of her Government's policies. We know that only too well in the House; we saw it recently in the draft Budget and will continue to see it in future Budgets.

Almost irrespective of who occupies 10 Downing Street after the next election, there will be reductions in expenditure. As Mr Campbell rightly pointed out, the Taoiseach pointed out to the meeting the significant steps that he had had to take. I am on record as having praised the courage that he and his Administration have shown in going after the need to reduce public expenditure and sometimes taking difficult decisions in raising taxes. It was useful, too, in the sense that it affects not just Northern Ireland, Scotland or Wales but all of the British Isles.

Robin Swann (UUP, North Antrim)

Thank you very much, Mr Principal Deputy Speaker. The Minister concentrated on the e-commerce side of things. The Council also reviewed the latest youth employment statistics across all Administrations. How are we faring against the other regions in the UK and Ireland, and did he pick up any useful tips to bring home and give to our Employment and Learning Minister?

Simon Hamilton (DUP, Strangford)

I am always trying to find useful tips to give to all Ministers, not just the Employment Minister. Whether they listen to the advice that I give them is another matter entirely.

Stephen Farry (Alliance, North Down)

I always listen.

Simon Hamilton (DUP, Strangford)

Always listen. There you go; very good. Whether he heeds it or not is a different matter altogether.

That was an area touched on in terms of the ongoing work of the Council and its work streams and work sectors, but it was not delved into particularly. It came up in the discussion on the economy. We should not rest on our laurels, but the Member and the House will be familiar with the fact that our unemployment has fallen considerably. We are now at the UK average, and we should welcome that. We should not be complacent: at 6%, there are still too many people unemployed and still work to be done. Within that, one of the worrying indicators, although it is improving, is the level of youth unemployment in Northern Ireland. It was noticeable, though, that we are not the worst by any means in the United Kingdom. The Employment Minister will be more familiar with these statistics than I am, but, having listened to the Welsh Administration talk about their problems, I think that they are in a graver position than us in respect of youth unemployment. Again, it is a challenge that affects every member Administration in the British-Irish Council. It is something that is worrying across the European Union.

That is why I have been supportive of many of the initiatives that the Minister for Employment and Learning has taken forward to try to address what is potentially a very damaging issue to our society and have assisted in the funding of some of them.

Chris Lyttle (Alliance, Belfast East)

Was an opportunity taken at the meeting to raise the difficulties surrounding the First Flight Wind offshore wind farm, which had the potential to create 100 jobs for Northern Ireland and to secure 13% of our energy from renewables?

Simon Hamilton (DUP, Strangford)

There was no opportunity to raise that issue, and it was not raised. Whilst I am concerned about the decision that has been taken by First Flight Wind, I am not familiar with the nuts and bolts of the issue so I do not want to comment on the whys and wherefores of the decision.

Obviously, the company took the decision, and I was not familiar with it until yesterday. If I had been able to raise it at the summit on Friday, I would have been almost a soothsayer. I would have been better doing the lottery that evening if I had been able to foresee the company taking the decision that it has taken in the past 24 hours. Obviously, it will greatly interest the Minister of Enterprise, Trade and Investment, who is responsible for energy policy in the Executive, and it is probably an issue that is better raised with her.

Gregory Campbell (DUP, East Londonderry)

It is good to hear that all the Ministers got on so well and were able to speak in a language that everybody could understand.

The Minister mentioned the e-summit and the youth employment statistics. Was any comparison made between how we in Northern Ireland compare with the other BIC Administrations when it comes to young people applying for employment in Departments?

Simon Hamilton (DUP, Strangford)

There was no direct discussion on that issue. There was a lot of sharing of information and experience on unemployment, general economic conditions and issues around youth unemployment. The issue is, I understand, a standing item on the agenda for all summits, and, as concerns or issues on youth unemployment or young people applying for government positions develop, it will come to the Council's attention and could be discussed at future summits.

Jimmy Spratt (DUP, Belfast South)

I thank the Minister for his statement. To what extent were the conclusions of the Smith commission discussed at the summit meeting?

Simon Hamilton (DUP, Strangford)

As you might expect, given that the Smith commission reported the previous day, it was a topic of considerable conversation at the summit, both at the meeting itself and on the margins. The deputy First Minister and I took the opportunity to have a bilateral meeting before the summit with the new Scottish First Minister, Nicola Sturgeon, who was at her first BIC meeting as First Minister, and the issue was discussed then. It was also discussed at the summit.

There is a lot of detail in the Smith commission's report, which we will study as an Executive. Whilst the Scottish First Minister was at pains to stress that the report did not go far enough to please her and the Scottish Government, it is indicative of what is in play for the further devolution of powers, particularly tax powers, to the devolved Administrations, which include Wales and Northern Ireland. From the conversation that the deputy First Minister and I had with the Scottish First Minister, it became clear that, as they develop their thinking and understanding of the contents of the Smith commission report, especially on tax powers and welfare powers, when the Executive believe that there are opportunities for us, we will explore them with the Scottish Government, drawing on their experience of what happens from here on in.

The report was commissioned but will not be actioned for a while; it will be actioned over a period of time. It is incredibly important that the Executive work hand in glove with the Scottish Government and our counterparts in Wales. When there are opportunities for Northern Ireland and for the devolution of further powers that benefit the people of Northern Ireland, we should examine them seriously. We should learn from the other devolved Administrations. Part of the essence of devolution is that we all move at slightly different speeds, in slightly different directions and at different paces, but there is a lot of commonality and a lot of things that we can learn from each other. That is what the British-Irish Council is all about. Given the hotness of the topic, it was a useful opportunity to discuss the Smith commission directly with the Scottish First Minister.

Joe Byrne (Social Democratic and Labour Party, West Tyrone)

I welcome the Minister's statement. In relation to youth employment and, particularly, youth unemployment, was there any discussion about common strategies to tackle this sector, particularly in regard to digital technology use?

Simon Hamilton (DUP, Strangford)

The discussions on digital inclusion were very focused on how we make sure that the roll-out of government services in particular is as accessible to as many citizens as we can make it. We were on the Isle of Man, which is a very small economy that I am very envious of. It has reported 30 years' consecutive economic growth and unemployment at 2%. Oh, to have the problems of the Isle of Man. They have been able to change and adapt over the challenging period of the last number of years and get into, in particular, a lot of high-tech and digital industries such as e-gaming and e-banking. It has really grasped the whole area of potential in the private sector.

I am sure that the Employment Minister will agree that, as we bring people through our schools, our colleges and our universities, this is an area where there are increasing opportunities. We shared with the Council many positive indicators around the record year that Invest Northern Ireland had last year and the fact that, this year, it has already surpassed the number of jobs that it promoted last year. Many of those jobs have been, if not necessarily in the IT sector, with an IT basis to them. So, there are huge opportunities for our young people to get into employment through that sector in particular.

There has been useful work, not only on an east-west basis but on a North/South basis — the Employment Minister will be much more familiar with that than I — to learn from shared experiences and tackle youth unemployment. Indeed, I understand that there has been cross-border work on shared initiatives, particularly related to Europe, to help to fund perhaps some work in Northern Ireland and, indeed, in the Republic of Ireland. My view on working with other Administrations, whether on a North/South or east-west basis, is that we should not be afraid to learn from others and should not be afraid to work with others, if the end result is that it improves the lives of our citizens in Northern Ireland.

Executive Committee Business

Stephen Farry (Alliance, North Down)

I beg to move

That the Work and Families Bill [NIA 34/11-15] do now pass.

I am pleased that the Bill has reached its Final Stage. This is an important and forward-looking Bill that promotes greater flexibility and choice for working people and, in particular, working parents. It establishes improved options for people who want to achieve a better balance between the demands of the workplace and the home. It does so, first and foremost, by giving working parents the option of sharing leave and pay entitlement following the birth or adoption of a child. It also extends the right to request flexible working to all qualifying employees. I thank all those who have given of their time to contribute to the Bill’s progression and, in particular, the stakeholders who contributed so positively throughout the consultation process.

The Bill before us today will enable us to meet the needs of working parents more effectively while allowing employers to carry on running their business without unnecessary disruption. It establishes a progressive policy framework that recognises changing family roles and supports the contribution that fathers and partners increasingly want to make to the upbringing of their children. It is important that our workplaces support this change and that we address in a very positive way the historical and unhelpful assumptions that it will always be the mother who takes on the bulk of childcare and, along with it, a lengthy absence from work. At the same time, let me assure Members that the Bill in no way compromises the rights of mothers to take the full entitlement provided for them in the current arrangements.

I believe that the measures in the Bill will also make an important contribution to the work that is ongoing to promote gender equality in the workplace and in wider society. My Department has developed a gender action plan that seeks to build on the work being taken forward by the Executive to address the historical differences between men and women in pay and participation in the workforce.

We know that women are performing better than men in many different aspects and levels of the education and training system. However, there are issues with the representation of women within some key sectors of the economy, most notably those that are set to grow most rapidly over the coming years. Furthermore, there are issues regarding the retention and progression of women in the workplace, and it is to that aspect of providing equal opportunities that the Bill is most relevant.

While the Bill’s focus is most directly on working parents, there are also benefits for business. Put very simply, we cannot expect to successfully operate in the global marketplace if we do not make the most of the local marketplace of talent. The sharing of parental leave will enable many employers to retain and develop talented individuals, particularly by helping working mothers to preserve a meaningful attachment to the workplace. That can only have a positive impact on skills retention and the flexibility of the Northern Ireland labour market.

Achieving a balance between employee and employer needs in a way that promotes economic well-being is central to what my Department is seeking to achieve through the current review of employment law. I am satisfied that the Bill meets that objective.

As Members may know, the new rights to shared parental leave and pay that the Bill introduces in Northern Ireland correspond to new rights in Great Britain. Consultation has shown that that is what stakeholders here want, and it is only right that working parents in Northern Ireland do not have lesser entitlements. The similarity in the arrangements will also ease any administrative burden on employers who have staff in both jurisdictions. The swift progress of the Bill, thanks in no small part to the detailed and efficient work of the Employment and Learning Committee, should allow our working parents to exercise the new rights at the same time as their counterparts in Great Britain.

I want to emphasise that policies taken forward in Great Britain, or indeed elsewhere, are not always policies that are suited to the needs of Northern Ireland. A good example is the move in Great Britain away from a statutory process for considering flexible working requests to a reasonableness-based approach. The Bill makes no such change. The statutory process is one that is generally working well in Northern Ireland, and stakeholders have told us that a reasonableness approach has the potential to create new uncertainties and satellite litigation. The Bill, therefore, leaves that policy unchanged.

It may be helpful if I briefly remind Members of the key provisions that are contained within the Bill. The Bill will create a new entitlement for employees to be absent from work on shared parental leave for the purposes of caring for a newly born or adopted child. It will permit qualifying birth parents, adopters and intended parents in surrogacy arrangements to qualify for shared parental pay. It will make provision for intended parents in surrogacy arrangements to avail themselves of paternity and adoption leave and pay. It will set in place powers that, following any future review and subject to Assembly confirmation of relevant regulations, could allow statutory paternity rights to be made more generous. It will provide for statutory adoption pay to be paid at 90% of earnings for the first six weeks. It will create a new right for employees and certain agency workers who have a qualifying relationship with a pregnant woman or her expected child to attend up to two antenatal appointments during the pregnancy. It will create a comparable right for the partners of primary adopters and a new right for primary adopters to take paid leave to attend up to five introductory meetings before a child is placed with them for adoption. Finally, the Bill will remove the current requirement that an employee must have a parental or caring responsibility in order to make a flexible working request, and will open that right to all employees. That is a substantial list of positive measures for working people, and working parents in particular.

Importantly, many employers have expressed their broad support for the measures. That reflects the progressive attitude that our employers have towards their employees and their understanding of how promoting a work/life balance is a fundamental element of employee engagement and is also good for business. Understandably, however, the same employers have also quite rightly expressed legitimate concerns about what the practical realities of implementing the Bill will mean for them.

I understand the concerns that have been raised about the regulatory impacts of the proposals, and that is why it is right to leave the process for requesting flexible working unchanged. While more staff may be able to assert the right to request, employers will still use the processes they are familiar with when dealing with a request. As I have stated, that includes the current statutory procedure, which is being retained on the basis of feedback from consultees.

The administration of shared parental leave and pay will be as light in touch as possible and will mirror, closely, the processes with which employers and employees are already familiar for other working parents’ rights.

Shared parental leave regulations will include requirements for employees to provide an early indication of their expected leave pattern. There will also be a limit of three employee notifications for leave or changes to periods of leave, excluding, of course, the changes that are agreed between the two parties. Those measures should encourage a culture where open and honest conversations can take place between employers and employees from the outset. However, I am mindful that agreement cannot always be reached. There are, therefore, proportionate provisions for situations where agreement is not possible. Again, as I have stated on other occasions, it is my desire to create a modern, efficient and integrated employment relations system with a strong economic focus, whilst protecting the rights of individual employees.

The generally positive response to the consultation proposals and the ongoing engagement with key stakeholders give me confidence that these measures will be implemented successfully. It will be in a way that offers working families and employers flexibility and certainty in the practical application of the rights.

Before the debate is opened to Members, I put on record my thanks for the positive role that the Employment and Learning Committee has played in supporting the progression of the Bill. The Committee's call for written submissions, and the opportunity afforded to stakeholders to give oral evidence, provided us all with additional insights into the concerns of stakeholders. The need for continued engagement with stakeholders, particularly in the preparation of guidance, which has been emphasised by the Committee, has resonated with me and my officials and will be a key action going forward.

We have already published for comment preliminary draft guidance for employers and are working on a range of other materials which will be issued in the near future. We will be working closely with key stakeholders to ensure that all of the guidance materials will be fit for purpose. It is critical that the uptake of the new rights is appropriately monitored. My officials are considering how best to take this forward in quantitative terms, including how to make best use of information collected by HM Revenue and Customs, which will administer the scheme. However, I assure the Assembly that my Department will continue its normal engagement with stakeholders, exploring any qualitative issues that arise as the new rights bed in.

I look forward to hearing Members' contributions on this important Bill, and I commend it to the Assembly.

Robin Swann (UUP, North Antrim)

Thank you very much, Mr Principal Deputy Speaker. I thank the Minister for his opening comments. On behalf of the Committee for Employment and Learning, I welcome the Final Stage of the Work and Families Bill. I thank the departmental officials and the Minister for the close working relationship we maintained throughout the passage of the Bill. That helped to ensure that the Committee scrutinised the Bill thoroughly. At this opportunity, I also thank the Committee staff who worked so hard on facilitating our scrutiny of the legislation in a relatively short time.

The Committee's views on the Bill have been outlined at previous stages, as the Minister noted. I point out, again, that the Committee will continue to keep a watchful eye over the subordinate legislation and guidance that will be issued by the Department, as the actual concerns voiced by stakeholders were not specifically dealt with in the legislation but will be developed in the subsequent subordinate legislation.

On behalf of the Committee, I am pleased to support the Bill. I welcome the significant interest and scrutiny of Members throughout its passage in the Assembly. It is a Bill that will reshape the face of parental leave, and Members ensured that it got the close scrutiny that it deserved. We support the Bill.

Tom Buchanan (DUP, West Tyrone)

Thank you very much, Mr Principal Deputy Speaker. I welcome the Final Stage of the Work and Families Bill. Let us hope that, as it finds its way through Final Stage and on to the statute books, it will be something that will not only help working families and the parents, particularly, women, but will reduce the bureaucratic burden of red tape on our business sector, which is a problem at the minute.

I commend the Minister and the departmental officials for their close work with the Committee over the short period in which the legislation was coming through, and the Committee staff for the work that they have done. As the Chair said, the Committee will be keeping a close watch on the subordinate legislation that will be brought forward by the Department to address the concerns raised by stakeholders that were not specifically dealt with in the legislation. We look forward to keeping a close eye on that. Again, I support the passage of the Bill through the House today.

Pat Ramsey (Social Democratic and Labour Party, Foyle)

As a member of the Employment and Learning Committee and on behalf of the SDLP, I thank the Minister and departmental staff. It was an easy passage in many ways because a lot of the groundwork was done during a number of meetings, with key people from the Department briefing us and taking on board our concerns.

In the past, I have spoken about the impact that the legislation will have on businesses, and I would like to reiterate my views on that. As I have said before, it is crucial that businesses are made fully aware and educated so that they can react positively to the legislation. Committee members and stakeholders talked about the need to see the creation of a one-stop shop. I hope that that will enable businesses to be more informed and to be able to deal with the legislation as it comes forward. Such a website would provide stakeholders with the online tools and guidance necessary to allow them to properly understand and, ultimately, implement the legislation. I believe that it is crucial to the success of the legislation that such mechanisms are put in place immediately, and I am keen to hear what the Minister has to say on that, before any law is enacted. I call on the Minister to implement that as quickly as possible.

Families are at the heart of the Bill, and the SDLP remains committed to ensuring that standards in early years development are raised. We believe that good parental leave policies must be complemented by good family policies, including childcare, early years and nursery provision. We, therefore, argue that support for the family structure is central to positive childcare policies, and, once again, we clearly and, from the Committee's perspective, consensually welcome the Bill.

Not every family operates within the same context or circumstances, and I believe that it is important that the legislation remains flexible enough to benefit everyone. It is crucial that the Assembly supports hard-working families, and I welcome the Bill in helping to ease the external pressures that many of them face.

With regard to shared parental leave, as we have heard through the Bill's passage, one such external pressure is the matter of parental leave. The introduction of legislation will go a long way to help to rebalance the nature of parenting and provide greater equality to everybody involved in parenting. In the past, I have commended the Bill for presenting Northern Ireland with a real chance of addressing the inequalities of parenting in our society. This legislation will help to reduce women's disproportionate caring responsibilities and go some way to tackling the discrimination felt by many women in the workplace.

I reiterate the CAB's belief that it will allow families greater flexibility, control and choice over care arrangements. I am happy to say that the Bill will also ensure that parents, including adopters and those using surrogates, will be able to avail themselves of shared parental leave, but I believe that we must ensure that more is done to help different family situations. I raised the issue of kinship carers with the Minister. It will not be possible through this legislation, but I think that, in future, we should be minded of the many thousands of kinship carers across Northern Ireland who we should be legislating for.

I was glad to see that those who are planning to adopt or are in the process of adopting are considered in the Bill. The change in adoption leave rights and the enhancement of statutory adoption pay will give adoptive parents the ability to spend much more time with their child. The proposed changes in appointments, entitling intended parents to take unpaid leave to attend up to two antenatal appointments is another way to help parents to develop a bond with their child.

In conclusion, the legislation will be beneficial not only to parents, adopters and surrogates but to the business community. The fact that the legislation aims to mirror the current arrangements already in place is also beneficial to many. We support the Bill.

Anna Lo (Alliance, Belfast South)

The Work and Families Bill gives new parents greater flexibility in their parental leave and gives equal rights to adoptive parents. This is progressive legislation, and I commend the Minister for bringing it to the House.

I am relatively new to the Employment and Learning Committee, but I understand that the Bill has gone through the various stages in a non-contentious way. That is obviously down to the open engagement and good cooperation between the Minister, departmental officials and the Committee. It is good to see legislation passing through the Assembly so smoothly.

It is important that we create a culture of shared parenting and recognise the inequality that many women face in the workplace. All families are different, and households face different pressure whether in work, at home, in caring aspects and in the economic need perhaps to bring income into the household. The realities of modern-day society should be reflected in the law. It is true that sharing entitlements will not suit everyone, but, if the Assembly can allow flexibility in that area, we must do so.

The Bill recognises the role of adoptive parents as equally important. Currently, an employee qualifies for adoptive leave only if he or she has 26 weeks' service. The Bill makes adoption leave a right from the first day. The enhancement of statutory adoption pay to 90% of the adopter's salary for the first six weeks brings it into line with statutory maternity pay. The Bill also extends the adoption and parental leave and pay provisions to cover surrogacy arrangements and entitles intended parents to take unpaid leave to attend up to two antenatal appointments. Those measures are all most welcome.

The Bill is about facilitating choice, not about dictating how parents must take their leave. While it is likely that mothers will continue to take the majority of the leave, as the Minister pointed out in previous debates, if we can enable change in our society so that shared parenting is embraced, it will be good for us all. That does not mean that giving employees more choice will disadvantage businesses. The Bill will make changes that will have the effect of creating a more inclusive workforce.

As we know, talent is not gender-biased, and we should be moving towards a greater maximisation of our talent pool. A female employee may take maternity leave for a number of months and sometimes up to a year. If she and her partner shared parental leave entitlement, she could return sooner if she so wished. In cases like that, companies could see key personnel returning to work earlier. It benefits employers to retain and build on the skills and talents that women bring to the workplace and also works towards removing some of the structural barriers to career progression.

I support the Bill, not just because it has been brought to the House by an Alliance Minister but because it will benefit parents in so many ways, will help businesses to retain and progress talented individuals, particularly women, and will enhance the flexibility of Northern Ireland's labour market.

Stephen Farry (Alliance, North Down)

I thank Members for their comments and, indeed, welcome the points that they raised. I very much concur with the general themes that they reflected.

I will respond first to the comments from the Chair of the Committee, Mr Swann. I put on record my thanks to him, the Committee staff and all members of the Committee for the manner in which they have taken the matter forward. As he very well knows and will no doubt concur with and welcome, the Committee's work in that regard is far from concluded. He is quite right to emphasise that this is enabling legislation and that a lot of work is still to be done on the scrutiny and consideration of subordinate legislation. Indeed, some of that will need to return to the Assembly, given the confirmatory nature of some of the subordinate legislation that we are talking about.

The Committee will clearly have a major role in all that work. Indeed, it is something that our officials are committed to expediting, because we have our eyes on the prize of getting it in place for 1 April 2015 to coincide with the commencement in the rest of the UK. There are major advantages to ensuring that we act in a coordinated manner, given the crossover between what happens here and elsewhere, not least in terms of the administration to be conducted through HMRC and the fact that companies operate across jurisdictional boundaries in that respect.

The Chair and the Committee have also made the point about a review of the shared parental pay and leave provisions. I am more than happy to give the assurance that we will revert to the Committee with details of our terms of reference for any review in due course, once everything is up and running. That process of continued review is a healthy one to adopt to ensure that what we put through in the high-level discussions actually works on the ground. We have a commitment to take on board fully the views of stakeholders in that regard as we see things develop.

I thank Mr Buchanan, the vice-Chair of the Committee, for his ongoing support and understanding of the importance of the Bill to a whole range of constituencies. As other Members have stressed, it is a Bill that is good for the business community as well as for working families, parents in particular.

I concur with Mr Ramsey that this legislation is good for business. It is worth stressing the importance of why we are saying that. It may come across in very narrow terms as more complication and administrative work, but, as Anna Lo also mentioned, there is a real prize for business in the retention and progression of talent. We need to encourage people from a variety of different backgrounds. It is right to reflect on the fact that families now come in all sorts of sizes, shapes, forms and types of unit so that we fully reflect the needs of the modern family, particularly how parents interact with the world of work. This should provide a means for key personnel to be retained, or, indeed, return to the workplace more rapidly than in the past, if, indeed, that is the wish of the parents concerned. That will have an impact on productivity levels and on the development of our economy as a whole.

Mr Ramsey is also right to put it in the context of what else is happening in the Executive. I concur with him on the importance of early years policy, which the Department of Education is taking forward, and what is happening with childcare, which OFMDFM is taking forward. All three interventions — and, indeed, there are others — are working towards a singular goal of developing our young people, supporting families and supporting our economy overall. We welcome the synergy and interface between all those interventions. He recognises that kinship care is outwith the scope of the Bill, but the point that he made is well made and received. No doubt it will continue to be subject to discussions, whether in the Employment and Learning Committee or elsewhere in the Assembly and other Committees. No doubt people will return to that in the future.

I also thank my colleague Anna Lo for her comments and her understanding of the Bill. I welcome her to the Committee. No doubt she will provide a unique perspective on a whole range of issues. She focused on the practical benefits that the Bill brings, the evolving shape of the modern family and the shifting balance of how we can best support parents.

In conclusion, let me reiterate that this is an important piece of legislation. It is primarily an enabling piece of legislation, but it is consistent with the overarching objectives of the Executive to support individuals, families and the economy overall. I commend it to the House.

Question put and agreed to. Resolved:

That the Work and Families Bill [NIA 34/11-15] do now pass.

Arlene Foster (DUP, Fermanagh and South Tyrone)

I beg to move

That this Assembly endorses the principle of the extension to Northern Ireland of the provisions of the Deregulation Bill, as amended following Committee Stage in the House of Commons, dealing with: auditors ceasing to hold office as contained in clause 19 and schedule 5; appointment of proxies under company law in clause 20 and Part 8 schedule 6; abolition of Office of the Chief Executive of Skills Funding in clause 49 and schedule 13; legislation no longer of practical use in clause 82 and schedule 20; and to extend to other workplaces, the current Northern Ireland exemption of Sikhs from requirements to wear safety helmets on construction sites in clause 7; and agrees that the UK Parliament should consider amendments to the Bill to the repeal of those provisions of the Sea Fisheries Act 1868; the Fisheries Act 1891; and the British Fishing Boats Act 1983, which are redundant.

First, I apologise for my voice, which is leaving me. That may be good news for some in the House but it is not particularly good news for me.

We are here to look at the issue of extending some measures of the Westminster Deregulation Bill to Northern Ireland. I believe that those measures will help to ensure that legislation that is no longer of any practical use is removed from the statute book, simplify the regulatory environment and make things easier for business. They will also mean maintaining parity with the rest of the United Kingdom in those areas and avoiding any potential comparative disadvantage for businesses in Northern Ireland. The consent of the Assembly is therefore being sought for provisions relating to matters devolved to Northern Ireland.

The provisions under consideration relate to correcting an anomaly in extending the exemption for Sikhs from wearing protective headgear, from construction sites to other less hazardous workplaces which are not currently covered by the exemption; simplifying regulation relating to auditors ceasing to hold office under the Companies Act 2006; correcting some drafting errors in the Companies Act 2006 relating to proxies; and the abolition of the Office of the Chief Executive of Skills Funding, providing for the relevant powers to be transferred to the Secretary of State for Business, Innovation and Skills, thereby ensuring that identified services can continue to be provided for Northern Ireland.

There is a range of pieces of legislation that are no longer in practical use and which we are seeking to remove from the statute book. The first relates to the audit of charitable companies in the Companies Act 2006. We are also taking away the Newspaper Libel and Registration Act 1881, the Aircraft and Shipbuilding Industries Act 1977, the Milk (Cessation of Production) Act 1985, the Mining Industry Act 1920, the Milk (Cessation of Production) (Northern Ireland) Order 1985, the Sea Fisheries Act 1868, the Fisheries Act 1891 and the British Fishing Boats Act 1983.

As Members can see, this provides an opportunity to address a number of legislative issues in a timely and efficient manner, which I hope will contribute to reforming regulatory requirements.

I welcome the support provided by my colleagues the Minister for Employment and Learning and the Minister of Agriculture and Rural Development, and indeed the Executive, in allowing me to bring a composite motion before the House for consideration. That in itself shows that my Department, along with DARD and DEL, has been working closely with the Cabinet Office and, indeed, Whitehall Departments to ensure that the Northern Ireland position is recognised and respected in the Westminster Deregulation Bill.

Regulatory reform is a key issue for me, the Department and Executive colleagues, and hopefully passing this motion will be an important step in helping to deal with that issue. I commend the motion to the House.

Phil Flanagan (Sinn Féin, Fermanagh and South Tyrone)

Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Níl ach cúpla focal le rá agam mar LeasChathaoirleach an Choiste Fiontair, Trádála agus Infheistíochta.

I have only a few short remarks to make. The overall purpose of the Bill, as the Minister said, is to assist in reducing the burden of regulation in the areas that are within its scope. Any steps taken to remove or reduce unnecessary or redundant red tape are to be welcomed. The Committee welcomes the legislative consent motion (LCM) on that basis.

The Committee sought and received clarification from the Department on two matters pertaining to the Bill. The first was about a query regarding the Mining Industry Act 1920. Officials confirmed that the Deregulation Bill will repeal the Act, which relates to powers that are held by a board of trade that have either been transferred elsewhere or have become obsolete. Officials assured the Committee that there would be no impact on the current licensing regime in the North and that the Health and Safety Executive has no objections to the repeal of the Act.

Secondly, members questioned officials on the impact on a company's insurance liabilities of the proposed extension to the exemption for turban-wearing Sikhs from wearing safety helmets in hazardous workplaces. The Department provided written assurances to the Committee that the current exemption protects employers from liability should someone suffer injuries as a consequence of choosing not to wear a helmet on a construction site. Clause 7 of the Deregulation Bill will extend the limited liability provisions associated with the current exemption to other workplaces.

Some provisions in the LCM, as the Minister said, are within the remit of the Department for Employment and Learning and the Department of Agriculture and Rural Development. The Committee therefore wrote to the respective Committees and neither had any points of concern regarding the provisions in the legislation relating to their respective Departments. So, having carefully considered the proposals, the Committee is of the view that the LCM is the most appropriate means of removing this unnecessary and redundant legislation. We therefore support the Department in seeking the Assembly's endorsement of the LCM.

Danny Kinahan (UUP, South Antrim)

I thank the Minister for bringing forward this legislative consent motion. It all seems to be eminently sensible, although we seemed to be slightly at the mercy of the Department when we were being briefed and we looked forward to hearing more in certain areas.

Just now, the Minister listed one or two other areas that are not actually listed here. It may be that I was not listening properly or missed out, but I also think that there was a matter relating to the Companies House register. There are also one or two other matters that are going through the Lords. Are we, as a Committee, going to get more of a briefing on each of the other issues that are going through the Lords? Obviously, I would like to know and understand more. However, I think that this measure is eminently sensible and it is good to see it going through and taking off a burden. I hope that we can do it in many other areas so that, when we bring forward legislation, it all gets much simpler.

Arlene Foster (DUP, Fermanagh and South Tyrone)

I thank the Members for their comments. There has not been any real contention about the Bill, principally because we are tidying up a lot of things that have stayed on the statute books and which should have been taken off a considerable time ago. I am pleased to say that the regulatory reform bug — I can talk about bugs this morning because I have one — seems to have now caught on. I am pleased about that because it means that we are tidying matters that otherwise would have stayed on the statute book. I welcome the positive way in which the Committee dealt with the issue. The changes are minor but they will simplify the whole regime.

Mr Kinahan mentioned the House of Lords matter. As I understand it, the matters that affect Northern Ireland are all contained in the LCM, and I do not foresee anything coming forward that is not contained in it. I hope that the Committee has been fully briefed on the range of issues that I mentioned in the House this morning.

Mitchel McLaughlin (Sinn Féin, South Antrim)

Thank you, Minister. I hope that we were not too severe on your sore throat.

Question put and agreed to. Resolved:

That this Assembly endorses the principle of the extension to Northern Ireland of the provisions of the Deregulation Bill, as amended following Committee Stage in the House of Commons, dealing with: auditors ceasing to hold office as contained in clause 19 and schedule 5; appointment of proxies under company law in clause 20 and Part 8 schedule 6; abolition of Office of the Chief Executive of Skills Funding in clause 49 and schedule 13; legislation no longer of practical use in clause 82 and schedule 20; and to extend to other workplaces, the current Northern Ireland exemption of Sikhs from requirements to wear safety helmets on construction sites in clause 7; and agrees that the UK Parliament should consider amendments to the Bill to the repeal of those provisions of the Sea Fisheries Act 1868; the Fisheries Act 1891; and the British Fishing Boats Act 1983, which are redundant.

Mervyn Storey (DUP, North Antrim)

I beg to move

That the Jobseeker's Allowance (Homeless Claimants) (Amendment) Regulations (Northern Ireland) 2014 be approved.

These regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 to introduce an easement that will enable claimants who have recently become homeless to be treated as available for, and actively seeking, employment for a temporary period. The applications of the easement will be conditional on the claimant taking steps to find living accommodation.

To be entitled to jobseeker’s allowance (JSA), a claimant must satisfy the conditions of entitlement, which include being available for, and actively seeking, employment, which are known as the job-seeking conditions. The steps a claimant should take to satisfy the conditions are those that are reasonable for the claimant to take in any week and are detailed in their jobseeker’s agreement.

When setting the jobseeker’s agreement where an individual is homeless, advisers must consider how the homelessness situation, the need to find accommodation, and other issues, affect the steps that are reasonable for the jobseeker to take to find work in any given week.

Homeless claimants are likely to face difficulties when attempting to satisfy the job-seeking conditions. For example, they may find it difficult to contact, or be contacted by, prospective employers. Currently, the JSA regulations allow an individual affected by a domestic emergency to be treated as being available for employment, in order to deal with the emergency, for a maximum of one week per emergency, with four such emergencies in a year. Where claimants have been treated under those circumstances for a least three days in any week, they will also be treated as actively seeking employment in that week.

The Department for Work and Pensions carried out informal discussions with stakeholders from the homeless and voluntary communities, including Homeless Link and Crisis. It concluded that the existing domestic emergency provisions did not allow sufficient time for the claimant to address their homelessness situation. It also concluded that, because homeless individuals often lead very chaotic lives, a limit of four emergencies a year should not be placed on those individuals. The stakeholders were supportive of the principle of allowing homeless people time to focus on finding accommodation as a preliminary to conducting a job search. Therefore, the regulations amend the domestic emergency provisions of the JSA regulations so that, if they are applied because of a claimant's homelessness, advisers are allowed reasonable flexibility to treat claimants as meeting the job-seeking conditions for periods of longer than one week, with no cap on the number of occasions that it can be applied.

'The homelessness monitor: Northern Ireland', published in May 2014, makes reference to the recent Northern Ireland Housing Executive homelessness strategy, which states that in Northern Ireland the propensity to sleep rough is confined largely to Belfast and, to a much lesser extent, Londonderry. It is estimated that around 10 people sleep rough in Belfast on any given night, excluding foreign nationals, but that up to 100 people could be at risk if street outreach and other services were not available. Unfortunately, a breakdown of data is not available on the numbers who are homeless or rough sleeping and claiming jobseeker's allowance. However, it is thought that the policy will impact on a relatively small number of JSA claimants in Northern Ireland at any one time.

I am sure you will agree that the changes are worthwhile and necessary to allow homeless claimants time to focus on finding sustainable living accommodation that will better enable them to find work in the future. I believe that it is a significant improvement to support claimants who are recently homeless and to prevent individuals becoming entrenched in a homelessness lifestyle.

Alex Maskey (Sinn Féin, Belfast West)

Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank the Minister for introducing the regulations to the House. The Committee for Social Development considered the Department's proposal to make the regulations at its meeting on 26 June and the resulting statutory rule at its meeting on 3 July 2014. The Committee was of course supportive of the regulations. The Committee did note that the regulations will introduce, as the Minister said, an easement that will enable certain homeless claimants to be treated as available for and actively seeking employment for a temporary period.

It is good to hear that the regulations have been made as a direct result of informal discussions between the Department and various stakeholders from the homeless and voluntary sectors in the broader community. The proposal is to amend the domestic emergency provisions of the jobseeker's allowance regulations so that, if they are applied because of a claimant's homelessness, advisers are allowed reasonable flexibility to treat claimants as meeting the job-seeking conditions for periods of longer than one week, with no cap on the number of occasions that it can be applied. On that basis, the proposals are clearly to be welcomed. Making those additional easements will help reduce the pressure on people who are already homeless and under significant stress as a result of that.

I remind the House that the rule coming to the Assembly this week is timely, in that it is homelessness awareness week. On behalf of the Social Development Committee, and with the Simon Community and the Housing Executive, I helped launch an app relating to homelessness a few days ago in the Long Gallery. As part and parcel of that, and in the run up to Christmas, which is poignant for many people who are homeless, it is timely that we launched the app and, more importantly, that we consider this statutory rule.

Following what the Minister has outlined and consideration by the Committee, and knowing the importance that the Committee has attached to the issue, we are willing and more than keen to commend the rule to the House.

Mervyn Storey (DUP, North Antrim)

I thank the Chair of the Social Development Committee for the consensus and support for the regulations. I share the comments that he made about the timing of the issue.

Along with him, I attended the Simon Community launch of the app. During homelessness week and without any great fanfare or publicity, I visited some provisions that make an invaluable contribution to people who find themselves in that situation. Given the time of year, it is vital that we continue to have compassion and understanding for those who find themselves in very difficult situations. I was greatly struck when I visited one provision last week. No one could visit that location without feeling not only concern but relief that such places exist to help people in particular need. I thank the Chair for those comments and for the Committee's work.

The regulations introduce an easement and will enable claimants who have recently become homeless to be treated as available for and actively seeking employment for a temporary period. By amending the domestic emergency provisions of the JSA regulations, we will allow homeless claimants the necessary time to focus on finding sustainable living accommodation that will better enable them to find work in the future and, I trust, enable them to change their circumstances dramatically. With those concluding comments, I commend the motion to the Assembly.

Question put and agreed to. Resolved:

That the Jobseeker's Allowance (Homeless Claimants) (Amendment) Regulations (Northern Ireland) 2014 be approved.

Private Members' Business

Mitchel McLaughlin (Sinn Féin, South Antrim)

The Business Committee has agreed to allow up to one hour and 30 minutes for the debate. The proposer of the motion will have 10 minutes to propose and 10 minutes to make a winding-up speech. One amendment has been selected and is published on the Marshalled List. The proposer of the amendment will have 10 minutes to propose the amendment and five minutes to make a winding-up speech. All other Members who are called to speak will have five minutes.

Declan McAleer (Sinn Féin, West Tyrone)

I beg to move

That this Assembly recognises that the A6, which passes through Dungiven, is the main arterial route between the city of Derry and Belfast and is instrumental in terms of infrastructure to support regional development and economic growth in the north-west; and further recognises that Dungiven is one of the most polluted towns in western Europe and has been waiting for a bypass for over 40 years; and believes that this section of the A6 scheme should be advanced without delay, as per the Executive's investment strategy 2011-2021.

Go raibh maith agat, a LeasCheann Comhairle. Most of us will be aware, particularly those who live in the west and the north-west, of the strategic importance of the A6. It is a key arterial route in the Six Counties, connecting the city of Derry and the city of Belfast. It is part of the TEN-T comprehensive network. Along with other Members — not just from my party but from the SDLP and others — I lobbied the Minister to press the Commission to get this vital part of the core network established by 2030, and that is a job of work.

The A6 is absolutely vital not just for the town of Derry but for the north-west. Earlier in the year, our party's members of the Committee for Regional Development had the opportunity to meet business people from the Derry area, and the A6 was one of the key pieces of infrastructure that they flagged up as being very important for the future development of the city. In fact, the failure to complete it is impeding the economic growth of the city. Therefore, it is absolutely vital for the regeneration and growth of Derry city and the wider north-west.

Environmental health studies conducted by Limavady council and others have produced a great deal of evidence that Dungiven is one of the most polluted towns in western Europe, which is due in large part to the enormous number of vehicles that are forced to pass through the town every day. Obviously, that is made worse by the fact that the town has no bypass. This has been in the pipeline for the best part of 40 years. Certainly, as a representative of the north-west, I see it as vital. The A6 feeds not only into the Six Counties but into the wider island of Ireland, connecting people from that part of County Derry and, indeed. Donegal to Belfast and on to Dublin. That was probably the key motivation for bringing the motion before the House.

John Dallat (Social Democratic and Labour Party, East Londonderry)

I beg to move the following amendment: At end insert

"and recognises that, in addition to the bypass at Dungiven, there are other sections of the A6 that must be dualled and upgraded without further delay, including the section at Moneynick."

First, I want to thank the proposers of the motion. It gives me the opportunity to move our amendment, which lays our cards on the table in relation to how the north-west has fared in transport infrastructure investment over the years and what needs to be done to address that neglect. Our amendment extends the issue beyond the Dungiven bypass and recognises that there are serious issues all along that route.

It seems incredible that, at this late stage, the Minister is looking for an alternative route for a bypass; at least, that is what I am told. Either those in the past got it horribly wrong over 40 years, or the Minister needs to explain why he may not be following the plans that were gathering dust on his shelves. Of course, I look forward to Mr Kennedy sorting out the whole thing.

Our amendment makes it clear that, while the bypass is critical, there are other serious transport issues that should not and must not be long-fingered for a variety of reasons, not least the fact that some direct rule Minister in the distant past promised that the whole thing would be up and running by 2016. Of course, we all know that it will not.

As you all know, I am a fair and reasonable Member of the Assembly, so I am not laying total blame at the door of the present incumbent, who, to be fair, as I have said before, found some money for the railways, which was a vast improvement on his predecessor. Now, again, because I am a fair person, I am not laying all the blame at the door of Conor Murphy either. I see a previous Minister across the Floor, Mr Gregory Campbell. At one time, he was the Minister for Regional Development. Of course, he was rotating at the time. Some unkind people might say that, even today, he is still rotating, but we will leave it at that.

Of course, the previous Minister, Mr Murphy, did not sit on his hands all the time. We will soon get 14·5 miles of motorway from Larne at a cost of £140 million, complete with a bypass for half a dozen houses and a river diverted to please local anglers. Good luck to the people of Larne, but if you are in the north-west it is not a good deal.

One criticism that I would make of the previous Minister, Conor Murphy, was that he stubbornly refused to decouple the bypass, which the motion is about. I firmly believe that, if that had been done at the time, we could have made a lot more progress.

I think that any fair-minded Member — I repeat that I am one of them — who listens to the traffic reports every morning will know that there are three items of news: the M1 is flowing freely, there is a wee bit of a problem at Sandyknowes and, as usual, traffic is a at a standstill at Moneynick. Now, many people —

Maurice (DUP, Fermanagh and South Tyrone)

Will the Member give way?

John Dallat (Social Democratic and Labour Party, East Londonderry)

Of course. To the lord, I most certainly will.

Maurice (DUP, Fermanagh and South Tyrone)

You do not have to be so humble.

[Laughter.]

I was interested to hear the Member say that the M1 was flowing freely. I wonder whether he has ever tried to get down the motorway on a Monday, Tuesday, Wednesday, Thursday, Friday or sometimes a Saturday morning. He might discover that it does not flow just as freely as he suggests or indeed as some of us would like it to from time to time.

John Dallat (Social Democratic and Labour Party, East Londonderry)

Mr Principal Deputy Speaker, I fully accept what Lord Morrow has said, but these things are relative. If, like you, he were to spend some mornings on the Moneynick Road, he would, in fact, describe the M1 as fantastic.

Pat Ramsey (Social Democratic and Labour Party, Foyle)

Pleasurable.

John Dallat (Social Democratic and Labour Party, East Londonderry)

Yes, pleasurable.

Somebody needs to offer an explanation of why the north-west has been so unfortunate. It has had a really bad run of luck. If I were a betting man, I do not think that I would have won a horse race in the last 50 years. The M5 was parked up — no fault of the Minister — the M6 was sidelined, the railway was stalled and the Magilligan ferry, which has been mentioned again recently, has been long forgotten and has been tied up. We know from Mr Kennedy last week that it was never discussed in his Department before his time. That makes me wonder why I spent an afternoon with Mr Murphy at Magilligan solving the problem. I then discover that it was not an issue.

Let us not be negative; let us get back to the motion and the amendment. I do not want to see the proposals for the north-west parked in the same way as the cars are at Moneynick any longer. The issues are serious. They are not just about traffic jams but about economic and social inequalities. I came into the Assembly with other peace-loving people to address that issue 16 years ago. What have I to show in the north-west? There are talks going on at the moment, and there is chat about bonds for raising money. I suggest that we need a bond badly in the north-west to address the issues that, historically, have not allowed the north-west to develop economically in the way it should have. The Minister of Enterprise, Trade and Investment continually tells us that she cannot influence where inward investors locate, but we all know — there is no issue — that if you have good transport infrastructure you are more likely to be successful.

I really feel that this is perhaps our last opportunity to register once and for all a special case for the north-west. I want the Minister to listen to my next point. When I spoke to a senior official recently, he was probably irritated by my constant wrangles. He said, "You know, we have other roads that carry more traffic than the A6". That is probably true, but it totally misses the issue that infrastructure is not there that should be there, irrespective of counting the vehicles that pass between 7 and 10 or whatever it is. Let us give the north-west a boost in tourism. Let us turn the Glenshane pass into a pleasurable journey between our two cities and maybe even stop off at the Ponderosa for something to eat — I do not know, whatever people do. Let us get away from the image that travelling west is some kind of nightmare that you should not really undertake.

I do not, in any way, want to undermine the original proposal. Dungiven is the most polluted town in western Europe: that is a fact. The people, particularly those at the lower end of the town, need justice and some kind of relief from what has been happening to them. Let us rise above the narrow discussions we have had about curries, yogurts, Trojan Horses and all the other things. Let us create a positive image of the Assembly to show that we actually care for people — not Protestants and Catholics but all the people, particularly those in the north-west, who have had a very raw deal over the years. Here is an opportunity to improve our image. Let us be serious about what we are paid for.

Gregory Campbell (DUP, East Londonderry)

Thank you, Mr Principal Deputy Speaker. More often than the press gives us credit for, we rise to be, I hope, unanimous about what we want to see. While the mover of the motion had difficulty in spelling Londonderry, I will have no such difficulty.

This is about more than just Londonderry or the north-west. It is a connectivity issue, to use an in word. I put a question to the Minister of Enterprise, Trade and Investment a couple of weeks ago, and I got a reply yesterday. It was about the most frequented visitor attractions in Northern Ireland. Four were in the north-west: one was the city walls; another was the Giant's Causeway, which is just about in the north-west, depending on how you define it — we will certainly claim it; and the others were the Roe Valley Country Park and the Peace Bridge. That is in the whole of Northern Ireland, which includes the Titanic centre and all the other fantastic attractions that we have across the Province.

Oliver McMullan (Sinn Féin, East Antrim)

Will the Member give way?

Gregory Campbell (DUP, East Londonderry)

Yes, I will.

Oliver McMullan (Sinn Féin, East Antrim)

Does the Member not think that the glens of Antrim should be included in his list of places to see?

Gregory Campbell (DUP, East Londonderry)

I did not quite get that, but I take it he was including another one.

Oliver McMullan (Sinn Féin, East Antrim)

The glens of Antrim.

Gregory Campbell (DUP, East Londonderry)

The glens of Antrim. That is maybe pushing the north-west a wee bit.

There is a huge volume of traffic. Hundreds of thousands of visitors go to each of those tourist attractions. We are at one in saying that this road, particularly the Moneynick and the Dungiven to Londonderry sections, needs to be dualled. I may be the first, but I am sure I will not be the last to speak up for the Minister in this context, in that he has an exceptionally difficult task. We ask him to make bricks, and, of course, he says, "That is a great idea, but, please, can I have the straw?". I am sure he will say to me and others, as he frequently does, "Can I depend on your support with the Minister of Finance?". He normally does that, and I will be disappointed if he does not do so on this occasion. The answer that I normally give him is "Yes, you can, Minister". There is a difficulty in getting the resources.

I was born and bred in Londonderry, and I have represented the north-west all of my adult life, so I am an absolutely passionate believer in and supporter of building the links not just to the north-west but from it. We need to get people to come and go and to build the necessary infrastructure. This will be an essential part of that. But, the Minister has a major difficulty. He was criticised when we were talking about the rail network. I joined in the criticism, but, hopefully, it was constructive criticism. We got over that hump, and we got the development of the railway. We are now at another difficulty that needs to be overcome, and the Minister will have our support in doing that. We need to ensure today that there is unanimity across the House, that we all speak with one voice —

Mitchel McLaughlin (Sinn Féin, South Antrim)

May I interrupt? My apologies: you have an extra minute. I see you are watching the clock.

Gregory Campbell (DUP, East Londonderry)

That is good to know. I will try to utilise that. If I interject with the odd bit of humour, hopefully it will be recognised as such and people will not take exception and write letters of complaint. More about that anon.

We have to get down to how we will provide the Minister with the resources. We can all get up and complain; we can all say that we need this and that we have been disadvantaged in the past; but the bottom line is that the Regional Development Minister needs the resources to provide this.

People mentioned the A5. The A5, had it not been for a legal case, would have meant hundreds of millions of pounds being spent on infrastructure in the west and north-west of Northern Ireland. That was not the fault of the Minister or the Executive; that was an entirely different issue. There has to be complete unanimity and, hopefully, there will be. We need to try to work over the next few years to provide the Minister with the resources to do the job not just for the north-west but for the entirety of Northern Ireland.

Ross Hussey (UUP, West Tyrone)

I will begin by offering my support for capital road improvement work, in particular on the section of the A6 between Randalstown and Castledawson. This element of the A6 project has, in my view, the greatest capacity to contribute economically and reduce congestion.

The motion that Sinn Féin has put before us today states that we should further recognise:

"that Dungiven is one of the most polluted towns in Western Europe".

I readily accept that air quality is an issue in part of Dungiven, but I do not accept that Dungiven has an air quality issue that means it can be described as one of the most polluted towns in western Europe. Even if I did, if I were from that town, I would not be advertising such a fact in the way that the sponsors of the motion are doing today. I would probably want to see hard medical evidence and facts of the impact of existing pollution before I made it the central plank of my argument.

A more positive argument is that of the reduced congestion and positive economic impact on the town that would come about by virtue of the construction of a bypass. Again, I have a problem with the comment that the western end of Main Street has an issue, making it amongst the worst in western Europe. In the last couple of weeks, the European Environment Agency published statistics on the most polluted cities in Europe. Bulgaria and Poland featured heavily, as we would have expected, as did towns in Italy and Slovakia. I am sure that those are not places that Mr Dallat has been to on his recent holidays, but they are the sort of places that would attract —

John Dallat (Social Democratic and Labour Party, East Londonderry)

I have.

Ross Hussey (UUP, West Tyrone)

You have? Well, there you go. It is great to travel widely and extensively.

Unsurprisingly, Dungiven does not feature in those statistics. According to some reports earlier this year, Oxford Street in London is the most polluted street in Europe, in particular for nitrogen dioxide pollution. Dungiven does, however, properly feature as an air quality management area monitored by Limavady Borough Council. We do, and we all should, welcome the important role undertaken by the local council in actively monitoring air quality trends in the town and particularly in Main Street. I will declare a bit of an interest in that, in my previous life, working for Pearl Assurance, I was responsible for the entire area from Larne to Londonderry. I was often on that road through Dungiven, although the roads seemed to be clear when I went there. They must have known that I was coming.

A shift to electric vehicles would possibly reduce and ultimately resolve the problem of air pollution, but, of course, that is going to take time. Promoting a bypass based on reduced congestion and positive impact on the town will still provide a favourable solution, even in an electronic vehicle age.

The motion urges the Minister to get on with funding the entire A6, but that fails to place the 2011-2021 investment strategy in context. The investment strategy suggests that the A6 will be funded by alternative finance, such as some form of loan or PPP serviced by resource funding repayments. The Executive are currently in a resource-funding crisis, such that the Finance Minister had to go to the Chancellor of the Exchequer and get a loan. Without detracting from the merits of the road upgrade, the signatories to the motion would be well served by addressing their minds to how it will be financed. The capital picture is not all that rosy, and the DUP/Sinn Féin-agreed draft Budget makes no provision for funding a single element of the A6 project.

My colleague the Minister for Regional Development has moved the Randalstown-to-Castledawson section beyond procurement-ready to shovel-ready from early next year. An opportunity exists to start this section in the next financial year. All that Sinn Féin has to do is work with the Finance Minister, who it has the ear of, and secure conventional capital to move the project forward. Mr Campbell made reference to the fact that this is the sort of thing that could be done. Of course, the Finance Minister is the Minister who holds the purse strings. If Sinn Féin were to get such an arrangement and agreement with the Minister, perhaps this could start next year, but that is in the hands of another Department. For that reason, I will leave the Minister for Regional Development alone and I suggest that you direct your other solutions to the Minister of Finance and Personnel.

Trevor Lunn (Alliance, Lagan Valley)

I suppose, as I do not come from the north-west, that I rise on behalf of the rest of the country to support the motion and the amendment, which introduces another aspect to the A6 debate without diluting the original motion. I must say, having listened to other Members, that, for once, I am quite glad that I live in Lisburn, where we do not appear to have these massive traffic problems unless we try to get here, but that is for another day.

The case for a bypass for Dungiven is well made. It has been a sound case for at least 40 years. A bit like Mr Hussey, I remember my weekly drive to Londonderry or Derry as a young insurance man all those years ago. I remember it mostly with affection, but that affection did not extend to Dungiven or Toomebridge because they were the bottlenecks. Thankfully, one has been solved but Dungiven still has not.

Even in those days in the early 1970s, there was a traffic jam in Dungiven every morning and evening. Concern was being expressed even then about air pollution and the potential risk to the health of the population, and those concerns remain. I fancy that stricter emission controls would probably have reduced the problem, but that improvement has been countered by the massive increase in the volume of traffic, so I do not think that it has improved overall. That is before you start to talk about the acknowledged problems of vibration, noise, congestion and general nuisance. I would certainly not like to live in the lower end of Dungiven — between the river and the junction halfway up the town — where the pollution must be at its worst.

It is not clear from the papers I have read what state of readiness the Dungiven bypass is at. I would appreciate the Minister telling us whether it is ready to proceed if funds permit. Is there still a problem with the illegal dump that apparently lies on or close to the route? Are there any remaining land acquisition or planning issues? Hopefully, there are not.

That brings me to the amendment, which is fine in itself, but it raises a question about priorities, which others have hinted at. If finance becomes available, the question must surely be that, if Dungiven is ready to proceed, and if the two sections either side of Toomebridge, particularly the section that I call Moneynick, from the end of the M22 up to Toomebridge, are also ready, which would have priority if they could not all proceed? It would be very nice if they could all proceed.

On the grounds purely of road safety and accident history, the M22 to Toomebridge would probably be the favourite, followed by the bit from Toome to Castledawson. However, in terms of public health and congestion easement to reduce journey times, the obvious choice would be Dungiven. That would have the added bonus of honouring a promise made to the population of Dungiven by, I fancy, just about every Minister in the last 40 years, including some present.

I respectfully suggest that both schemes — all three if you count Randalstown and Castledawson as two schemes — should at least be at shovel-readiness. Perhaps they are; the Minister can advise me. When the finance is available, Dungiven should be given priority, and a long-standing problem would be solved, to the relief of residents and motorists alike.

I am a fairly regular traveller on the alternative route to Strabane/Londonderry, which is the M1 and the beautiful new section of road that takes you right through to Ballygawley. A few years ago, the bypass at Newtownstewart was added. The changes in that journey — not necessarily the speed but the ease — must be making a difference to the region that that road touches. I am sure that the same thing would apply to the A6.

The A6 should be the premier route in Northern Ireland. The only competition is perhaps the A1 to Dublin, although some might not agree. Those are the two major routes. Mr Campbell said that the Minister has a difficult task, and I acknowledge that, but, at some stage, we will have to be able to proceed with some of these plans. I do not think that we will be able to proceed with all three in any foreseeable timescale, so I hope that Dungiven will be given priority because it is the most important.

I look forward to hearing the Minister's comments.

Mitchel McLaughlin (Sinn Féin, South Antrim)

As this is the first debate in which the Assembly will hear from Mr Maurice Devenney, I remind Members that it is the convention that a maiden speech be made without interruption. I call and welcome Mr Maurice Devenney.

Maurice Devenney (DUP, Foyle)

Thank you, Mr Principal Deputy Speaker. It is an honour to speak in the House this afternoon for the first time. I was checking very closely whether it was the afternoon, because I thought that I might have to change references to the "afternoon" to "morning" in my speech.

I have been co-opted to the Northern Ireland Assembly to replace Willie Hay, former Speaker of the Assembly. Before I speak to the motion, I want to pay tribute to my friend and colleague William Hay.

Having represented the citizens of Londonderry in local government for over 30 years and in the Assembly since 1998, William was well respected and known for his hard work, dedication and commitment to those he had the honour of representing. I wish William well in his new role in the House of Lords. I thank my Democratic Unionist Party colleagues for selecting me for this position and for their continued support and encouragement over the years.

As someone who now makes the return journey from Londonderry to Belfast at least three times a week, the A6 is all too familiar; the journey can often take up to two and a half hours in the morning and in the evening. The proposed project for the 30km dual carriageway from Londonderry, incorporating the Dungiven bypass, was first announced by the then Secretary of State Peter Hain, so it is with deep regret that we are a decade on and are still no further forward. The road network between Northern Ireland's two largest cities is vital to growth in the north-west and should not be overlooked.

My constituency, Londonderry, is continuing to grow rapidly as a serious destination for tourism and investment; the UK City of Culture year saw huge numbers of people flocking to enjoy all that the Maiden City had to offer. Figures released just last week show that the number of overnight trips to Londonderry and Strabane increased by 50% between 2012 and 2013 and that associated expenditure increased by 75% to £47 million in 2013.

While those figures are encouraging, the Londonderry to Belfast road is vital for the economy of Northern Ireland and specifically that of the north-west. An upgrade to the transport infrastructure is urgently needed to support the region's development and its further economic growth. The recent announcement by the Regional Development Minister on the Londonderry to Coleraine railway line has dealt a further blow to the region. Therefore, the A6 must be a priority.

Improved infrastructure will have a catalytic effect on the north-west and will improve the opportunities for investors to invest there, for developers to develop there and for tourists and commuters to get there. For business, that transport link is essential: by improving journey times on that route, there will be enormous benefits for commerce in the north-west. That will benefit Northern Ireland as a whole by ensuring that it is less burdened by transport delays.

Dr Eddie Rooney highlighted that the levels of pollution in Dungiven pose a potential health risk to people who are living and working in that area, particularly vulnerable groups, such as the very young, older people and people with severe respiratory conditions. That has been of great concern to the residents of that area. The upgrade to that section of the A6 will no doubt alleviate pollution problems that come from the high volume of traffic that passes through.

Finally, the message should be clear from Londonderry and the north-west that the A6 is vital, is necessary and should be at the top of the agenda. I support the motion and the amendment.

Raymond McCartney (Sinn Féin, Foyle)

Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Beidh mé ag labhairt ar son an rúin agus ar son an leasaithe. I will be speaking in support of the motion and the amendment.

I commend Declan McAleer and apologise to the Chair: Cathal Ó hOisín was originally meant to propose the motion but could not do so because of time constraints. I knew that the Minister would be wise enough to know that Declan got up to ensure that the motion did not fall. We could have used the excuse that we were caught at Moneynick, but at 12.00 noon in the day that is an excuse that everybody would see through.

I commend Maurice Devenney for his first contribution to the Assembly and for being on-message immediately. Whatever work William did to ensure that the DUP had a good representative for Foyle paid off: Maurice was on-message on the A6, which is welcome.

On the motion, when Ross Hussey was speaking he perhaps felt that it was some sort of veiled attack on the Minister, as if he is the only person who is responsible for this. I think that we are all wise enough to know that this is an ongoing and long-established issue. As representatives of Foyle, Members from the north-west who have spoken, and even Trevor Lunn from a constituency far flung from the A6, we think that it is important to ensure that the issue is always on the agenda. In particular, we want to put it on the agenda because it was a major commitment in the Programme for Government, which —

Ross Hussey (UUP, West Tyrone)

Will the Member give way?

Raymond McCartney (Sinn Féin, Foyle)

Yes.

Ross Hussey (UUP, West Tyrone)

I accept fully that you would never want to attack the Minister, and I accept fully that the A6 is an issue of great concern in the north-west. I accept that without reservation.

Mitchel McLaughlin (Sinn Féin, South Antrim)

The Member has an extra minute.

Raymond McCartney (Sinn Féin, Foyle)

I am saying that just in terms of the framing. We believe that it is important, and I am sure that the Minister will accept that, in any contact that he has had with any person in the north-west, particularly in Derry, they will always point out the major infrastructure, and the A6 obviously features heavily in that. As I said, this is part of major commitments made in the Programme for Government to tackle unemployment, create more jobs and, obviously, deal with regional disparity and regional imbalance. It also has to do with the issue of connectivity and the ability for people to be able to move freely is what inward investors want. That is what INI tells the representatives when we sit down. That is what we need. We need better infrastructure and the ability for people to get in and out of the city quicker. That makes it more attractive for investors. That is the purpose of the lobby for the A6, and, no doubt, it was the purpose of the lobby for the A5 and any other capital project that is either in place or ready to go forward. It is all about making sure of those types of issues.

As a representative of the north-west, I understand well that there are other areas that are dealing with unemployment and poor infrastructure. They, quite rightly, make the case as well. We know that we are in a competitive market, but we believe that, given the critical importance of Derry, of the north-west and of the expansion of the university, issues like the A6 become even more potent and important. That is why it is important that we bring this forward.

Ross Hussey quite rightly made the point that, if we are ever going to present this to anyone to ask for more money, we have to be nearly shovel-ready. I think that that is perhaps one of the growing concerns. Perhaps the Minister will address the fact that there is a suggestion of looking at another way of bringing about the Dungiven bypass. Many people believe that the route that is now nearly established is the best one. Perhaps looking for an alternative route would slow the process down and push it further down the agenda. I believe that if we are all going to present a united case — the One Plan is very core to it — we have to put ourselves in the position where, if someone were to go the Minister in the morning and say, "Are you ready to proceed with the A6?", he would be in a position to say, "Yes, I have all the technical detail done." At present, the speculation about seeking another way of going around Dungiven, in my opinion, perhaps pushes it back. We should be trying to assist the Minister in the process of having it shovel-ready so that, if the opportunity were to present itself in terms of capital, we would be ready to go.

Mitchel McLaughlin (Sinn Féin, South Antrim)

The Business Committee has arranged to meet immediately after the lunchtime suspension today. I propose, therefore, by leave of the Assembly to suspend the sitting until 2.00 pm. The first item of business when we return will be Question Time.

The debate stood suspended. The sitting was suspended at 12.29 pm.

On resuming (Mr Deputy Speaker [Mr Dallat] in the Chair) —

Oral Answers to Questions — Environment

John Dallat (Social Democratic and Labour Party, East Londonderry)

I have to tell Members that questions 1 and 4 have been withdrawn.

Paul Girvan (DUP, South Antrim)

2. Mr Girvan asked the Minister of the Environment for an update on the recent fish kill at Sixmilewater, Ballyclare. (AQO 7189/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

The Northern Ireland Environment Agency (NIEA) is continuing to investigate the cause of a serious fish kill that occurred on Wednesday 29 October on the Sixmilewater at Ballyclare, County Antrim. As part of the investigation into that fish kill which was carried out by the NIEA in conjunction with DCAL inland fisheries, a large body of evidence was gathered. It included the collection of statutory samples from several premises, a detailed biological survey of the Sixmilewater and its tributaries in the area, and a detailed survey of the numbers and spread of fish deaths.

Interviews under caution are also being conducted as part of the process. The standard protocol in incidents of this nature is that interviews under caution are conducted in writing, and it is anticipated that it will be several more weeks before the process has been completed. Once the interviews under caution have been completed, the NIEA will review all the evidence and make a decision on appropriate enforcement action.

You will appreciate that, because it remains an ongoing investigation with evidence still being gathered from some parties, it would not be appropriate for me to comment further at this stage on the premises under investigation, as that might threaten the success of any future enforcement action. However, I can assure you that this remains a live investigation and that the NIEA is following definite lines of enquiry. Once the investigation has been completed and I am no longer constrained by legal considerations, I will, of course, be happy to provide you with a further update.

Paul Girvan (DUP, South Antrim)

I thank the Minister for his answer. If there are further investigations ongoing with a view to making prosecutions, it will be fine to wait on that information coming through, but there was a further incident on 22 October —

Trevor Clarke (DUP, South Antrim)

November.

Paul Girvan (DUP, South Antrim)

— November, when the Ballymartin river was polluted. Is the Minister aware of any investigations into that incident? That river is also a tributary of the Sixmilewater.

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank Mr Girvan for his question and supplementary question on this topic. It is one that I know is very close to his heart, and we had an Adjournment debate about it one or two weeks ago.

I am aware of the more recent incident to which the Member referred. I assure him that Environment Agency is also aware of it and is investigating.

Danny Kinahan (UUP, South Antrim)

I thank the Minister for his answers and look forward to hearing about many of the issues that we raised in that Adjournment debate. Does the Minister believe that the current penalties are effective as a deterrent, especially to public bodies, if, indeed, they are at fault? Does he have any idea why they are not working?

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank Mr Kinahan. This issue was raised during the Adjournment debate, and there is evidence to suggest that fines for polluters are lower in this jurisdiction than in the others on these islands. However, the scale or nature of punishment for those crimes is beyond my remit as Environment Minister and is very much a matter for the courts. During the Adjournment debate, I said that I would raise the matter with the Minister of Justice, and I fully intend to do so.

However, I am given to understand that the average fine for pollution imposed by the courts in Northern Ireland has increased significantly in recent years and that fines of thousands of pounds are now routine. Of course, we do not want them to be routine, and we do not want pollution incidents to be routine. However, I believe that, for offences as serious as this, there should be serious penalties and deterrents, particularly for potential repeat offenders.

Anna Lo (Alliance, Belfast South)

Whilst it is important to have enforcement and increasing fines as deterrents, the most important thing is prevention, although it is very difficult to have preventative measures. What preventative measures is the NIEA taking to prevent these very serious damaging events?

Mark Durkan (Social Democratic and Labour Party, Foyle)

The agency works in conjunction with other bodies, primarily DCAL's inland fisheries, on the prevention of incidents like this. Unfortunately, we cannot prevent every incident, and it is impossible to measure how many events we have prevented through our proactive work. I know that quite a lot of work has been done in this specific geographical area, not only among and between government agencies, but with other stakeholders and anglers on the river. I believe that locals and local anglers have embraced that work very positively and have played an important role in it. That is how this should be addressed; prevention is, obviously, better than cure. The Environment Agency and DCAL's inland fisheries also visited all premises along this stretch of water in the not too distant past to look at pollution risks and to advise businesses of them. Subsequently, many of the businesses put in mitigation measures to prevent these disasters from happening.

Cathal Ó hOisín (Sinn Féin, East Londonderry)

Go raibh maith agat, a LeasCheann Comhairle. I thank the Minister for his answer. The Minister will be aware that, on occasions, the time between an incident, the detection of its source and subsequent prosecution is very significant. Sometimes, that is down to the manner in which it was first reported. Will the Minister ensure that the Environment Agency looks at the procedures in those cases?

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank Mr Ó hOisín. In my answer to Ms Lo, I outlined the importance of a proactive approach to preventing such incidents. When these incidents occur, it is vital that our reactions are sharp, swift and successful. If there is an issue with how quickly, or otherwise, government agencies respond to incidents of this nature, it is something that I would like to address and see addressed. I will happily speak to the Member, as I know that he has a keen interest in angling, as do other Members, and I am happy to speak to them to hear their suggestions as to how this might be improved.

Fearghal McKinney (Social Democratic and Labour Party, Belfast South)

3. Mr McKinney asked the Minister of the Environment what role health bodies will play in local government community planning. (AQO 7190/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

I want to stress that community planning is not just for local government. From 1 April 2015, new community planning duties will be placed on central and local government. The Local Government Act 2014 sets out the process by which councils will lead community planning, and by working with their community planning partners, identify long-term objectives for improving the social, economic and environmental well-being of a district. The Act also places a duty on all 12 Departments to promote and encourage community planning and to have regard for community plans.

The community planning partnership will provide leadership in each council area by bringing together the key organisations and people. To ensure that that happens, I am making regulations to name the bodies that will be required to participate in the process as statutory community planning partners. Consultation on those regulations started on 17 October. I encourage all those with an interest in community planning to provide responses to the public consultation, which closes on 12 December 2014.

Given the key role of health bodies in improving the life of citizens, the health sector is well represented on the list of proposed statutory partners, with the health and social care trusts, the Public Health Agency and the Health and Social Care Board (HSCB) included. Indeed, the health sector has been very enthusiastic about the prospect of becoming involved in community planning, as previous work has shown the benefits of working together to achieve common goals and improved outcomes.

I know that the health bodies here already play a key role in the interface between public health, Health and Social Care and the role of the new councils. The DHSSPS strategic framework for public health, Making Life Better, reflects the important role of local government in helping to deliver improvements and in addressing health inequalities at community level. The joint working arrangements already in place between the Public Health Agency and councils to support health and well-being improvement, along with the commissioning responsibilities —

John Dallat (Social Democratic and Labour Party, East Londonderry)

The Minister's two minutes are up.

Mark Durkan (Social Democratic and Labour Party, Foyle)

— of the HSCB, will contribute to effective council community planning activity.

Sorry, Mr Deputy Speaker.

Fearghal McKinney (Social Democratic and Labour Party, Belfast South)

I thank the Minister for his fulsome answer. Will he outline how the needs of people with disabilities will be taken into account in community planning?

Mark Durkan (Social Democratic and Labour Party, Foyle)

Community planning involves integrating all areas and aspects of public life, such as the services and functions that are delivered in that area, and producing a plan that will set out the future direction of a council area, with a focus on improving service delivery for all its citizens. To reflect the diverse nature of the communities that they serve, councils' community plans will be developed by bringing together key public-sector organisations, such as statutory community planning partners, and other non-statutory support partners. Those support partners might include businesses, voluntary organisations, and community and other groups that make vital contributions to promoting a district's social, economic and environmental well-being.

Under section 75 of the Northern Ireland Act 1998, all public authorities have a statutory duty to promote equality of opportunity and good relations. The Local Government Act explicitly makes reference to that duty for community planning. Equality of opportunity and social inclusion should be embedded in all stages of the process, and community planning partnerships will need to ensure that they work proactively to identify and address the specific needs of people with disabilities.

George Robinson (DUP, East Londonderry)

Will hard-to-reach rural communities have a role to play in health on local government community planning bodies?

Mark Durkan (Social Democratic and Labour Party, Foyle)

While I am in the process of drawing up a list of statutory community planning partners, I cannot tell each and every council who it should have on their community planning partnership. Different councils will have different needs and aspirations, and some council areas will be more rural in their make-up than others. However, I am determined to make sure that community planning ensures that all areas and sections in the new council areas are catered for, protected and looked after. For that reason, I believe that it is very important that consideration is given to those living in rural areas and that their needs are represented on a community planning partnership.

Barry McElduff (Sinn Féin, West Tyrone)

Go raibh maith agat, a LeasCheann Comhairle. Will senior representatives of health trusts at director level be compelled to participate in the community planning process? I say that because, recently in Omagh, negative proposals came forward regarding palliative care and dementia care that would never have seen the light of day if local elected representatives had been alongside health chiefs in decision-making.

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank Mr McElduff for that sensible question — not that his questions usually are not sensible. As I outlined in my previous answer, the Department recently opened consultation that will identify statutory partners to participate in community planning with councils. Health organisations are well represented in that. I believe that it is imperative that they are on that list and that they have to be part of the community planning process, not least to avoid the kind of recent scenarios to which Mr McElduff referred. I believe that that is in the health trusts' interests as much as it is in the interests of the elected representatives and the people that they represent.

It appears that the trusts often make decisions based on balancing the books rather than on addressing need, and that need is perhaps more acutely understood by locally elected representatives. This is a fine model, and I am hopeful that it will succeed in getting statutory bodies to work together to the benefit of their citizens and our citizens.

Nelson McCausland (DUP, Belfast North)

5. Mr McCausland asked the Minister of the Environment for his assessment of the Hightown Quarry landfill site on the Upper Hightown Road, north Belfast. (AQO 7192/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

Excuse me, Mr Deputy Speaker, I was informed that question 5 had been withdrawn as well, and it has now been withdrawn from my file. I can have a stab at it if you want.

John Dallat (Social Democratic and Labour Party, East Londonderry)

Minister, there may be some confusion. It is topical question 5 that has been withdrawn.

Mark Durkan (Social Democratic and Labour Party, Foyle)

Obviously there has been some confusion. I was disappointed because, for a few years, I had been asking Mr McCausland questions, and this was his first chance to ask me one. He was never able to answer mine either.

[Laughter.]

The Hightown quarry landfill site is the subject of a recent planning application. That planning application is being treated as an article 31 application, so, ultimately, it will fall to the Minister to make the decision on it. As it is the subject of a current application, I cannot go into too much detail on it, and I certainly cannot give much away on my assessment of it. I assure the Member that the planning application will be dealt with as efficiently as possible.

John Dallat (Social Democratic and Labour Party, East Londonderry)

I call Mr McCausland for a supplementary, and I am sure that the Minister will try to answer it.

Nelson McCausland (DUP, Belfast North)

I would be delighted if he answered the question that I actually asked, which was not about a prospective planning application but about his assessment of the landfill site as it is today. Having grown up in the area, I am familiar with the part of the hill just above the Horseshoe Bend as it was many years ago. The quarries have been filled in, but a much larger mountain is now developing there. Can the Minister assure me that officials have investigated whether the dumping at the landfill site has, up until now, been done in accordance with what was permitted or has it in some way gone beyond that? I am surprised that it has been able to grow in the way in which it has.

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank Mr McCausland for that supplementary or maybe for clarification of his original question. I may have let the cat out the bag. There was a recently submitted planning application to extend the site. I assure the Member that what occurs on that landfill site is what occurs on any landfill site that we are aware of: it is closely monitored by NIEA and DOE officials. If the Member would like to bring to my attention any problems specific to the site or the situation, I will be happy to hear from him and have them investigated further.

Alex Maskey (Sinn Féin, Belfast West)

6. Mr Maskey asked the Minister of the Environment which departmental outside bodies will be specified for councillor appointments as part of the Local Government Bill. (AQO 7193/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

I will not specify any bodies to which councils will make appointments. Section 6 of the Local Government Act (Northern Ireland) 2014 lists the positions that are deemed to be positions of responsibility. This includes those requiring the appointment of a councillor as an external representative of a council — in other words, where a councillor is nominated by the council to serve as a member of a public body on behalf of the council. The Act defines "public body" as a body other than a council established by or under any statutory provision. There appears to have been some confusion about that, and local government sought clarification from my Department. My officials have been liaising with their counterparts in other Departments to identify public bodies established by or under any statutory provision that seek nominations from councils. The Department will provide councils with the information.

Alex Maskey (Sinn Féin, Belfast West)

Go raibh maith agat. I thank the Minister for that response. I think it probably continues to add to the confusion, with respect. Can the Minister give the House an assurance that he will continue to liaise with all the other relevant Ministers to ensure that there is consistency in how councils engage with arm's-length bodies that have to relate to the new district councils in the new dispensation?

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank the Member for that question. It is important that there is a degree of consistency. However, yet again, as I said in response to an earlier question, councils will have different needs. There will be bodies that are more relevant in some council areas than in others. However, I can imagine that there may be some difficulties where members are currently appointed to bodies by one council but not by another and now those two councils are amalgamating. My officials will continue to work with their counterparts in other Departments and, most importantly, their counterparts in local government.

Gregory Campbell (DUP, East Londonderry)

The Minister would not outline the bodies that he will specify in the Bill, but will he undertake to look at the number of terms that councillors can serve consecutively on outside bodies, which I know has been a matter of some concern over a number of years?

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank the Member for that question. As I have outlined, my officials continue to work with their counterparts in other Departments and in local government. I will ensure that, as part of that ongoing work, they ascertain the information to which the Member refers.

Colum Eastwood (Social Democratic and Labour Party, Foyle)

7. Mr Eastwood asked the Minister of the Environment to outline the implications of the draft Budget 2015-16 for grants to councils. (AQO 7194/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

If the current draft budget proposals for my Department were to be confirmed in the final Budget, there would be immediate and substantial reductions in key statutory grant payments to all councils, particularly to the less well-off councils dependent on additional rate support payments to guarantee basic levels of service at local level. Also, a wide number of grant programmes will face significant cuts and potential termination. They include emergency planning, which provides support to councils to undertake emergency planning preparatory work; construction products, which provide support to councils to carry out statutorily required inspection work; local air quality, which is aimed at assisting district councils in carrying out the statutory air quality duties prescribed under the Environment Order 2002 and corresponding air quality regulations; the Rethink Waste revenue fund, which provides grants for councils to improve resource efficiency and boost waste prevention, recycling and re-use activity; the listed buildings programme, which provides support for repair works to listed buildings in council ownership; and the natural heritage programme, which provides support to encourage the conservation and enhancement of key elements of the environment. In respect of the transferred functions grant, uncertainty remains about whether these sums will be protected from the basis of calculation or, indeed, any actual cuts in the future.

Colum Eastwood (Social Democratic and Labour Party, Foyle)

I thank the Minister for his answer. Does he agree with me that cutting money to the councils that need it most is hardly the best way to begin a new council structure? Those councils are the poorest councils, which, unfortunately, happen to be located west of the Bann.

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank Mr Eastwood for that supplementary question. As the saying goes, I would not start from here, that is for sure. I would love to be in a position where I could offer an assurance to all councils, particularly the less well-off councils. However, unfortunately, I cannot. The imposition of budgetary cuts of this magnitude will have a very detrimental impact on all councils at a time when they are starting a new era in local government, when they need certainty and when we here should support them as best we can. The impact on the less well-off councils — Mr Eastwood referred to the geography of the situation; they are largely in the west — gives me great cause for concern too. Not only will there be an impact on all councils but it will be disproportionately harsh on those that can least afford it.

Cathal Boylan (Sinn Féin, Newry and Armagh)

Go raibh maith agat, a LeasCheann Comhairle. Has the Minister assessed the impact on jobs if some of the grants do not go to local authorities?

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank Mr Boylan for that supplementary question.

That work is ongoing. However, as a member of the Committee, you saw my budget paper last week and you will be aware of the impact that the draft Budget will have on jobs in the Department, leading to possibly 500 job losses. I am also aware of the impact that the cuts will have on jobs supported by my Department, be they in local authorities, where quite a number of building control staff, for example, are supported through the construction products grant, the local air quality grant and the emergency planning grant, or in other NGOs, which I do not want to name now but which are supported through other grants and do invaluable work in helping us meet our recycling and waste reduction targets. I do not have a final figure on that yet, but I am sure it will be bleak reading indeed, which will compound the bleak announcements of last week, not just from my Department but across all Departments.

Pat Ramsey (Social Democratic and Labour Party, Foyle)

8. Mr Ramsey asked the Minister of the Environment how the recently introduced taxi driver test will benefit people with disabilities. (AQO 7195/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

The taxi industry provides a valuable and vital service to many people with disabilities across the North, providing the only means of transport for many. The introduction of a new taxi driver test is an important element of the Taxis Act 2008. It was introduced on 31 October and will help increase minimum standards and professionalise the industry. Further, from September 2016, all taxi driver licence renewals will need to be accompanied by evidence of periodic training.

The taxi driver test will include a practical and a theory test. The theory test will include questions specifically relating to people with disabilities. The questions have been designed to ensure that those becoming taxi drivers are trained and fully responsive to the needs of people with a disability.

My Department has been working closely with groups representing people with disabilities. As part of a report on a new specification for wheelchair-accessible taxis, a survey of people with disabilities was undertaken. When asked what features they thought would make it easier for them to use taxis, 49% of all respondents cited better trained drivers who are more aware of disabled people's mobility assistance needs. For that reason, within the periodic training regime, the only mandatory module for all drivers will be disability awareness.

The Member will also wish to note that an updated wheelchair-accessible taxi specification will come into force in the middle of next year. I am confident that these measures will make the taxi industry more accessible and go some length towards making the journeys made by people with disabilities safer and more comfortable.

Pat Ramsey (Social Democratic and Labour Party, Foyle)

I welcome the Minister's detailed response and declare an interest as chair of the all-party group on disability. It will be encouraging and motivating for all those in our community who have disabilities, who struggle with public transport at the best of times and who depend on taxis.

Will the Minister outline any discussions he has had with the taxi disability groups across Northern Ireland in relation to the single-tier system that is coming into place soon?

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank Mr Ramsey for that question. In the last year, I have had countless meetings with representatives of all sectors of the taxi industry as well as stakeholder groups such as Disability Action, the Consumer Council and the Inclusive Mobility and Transport Advisory Committee (IMTAC) specifically to discuss the taxi reform programme and to take soundings on their views. The following stakeholders expressed their support for single-tier licensing to me: Disability Action, IMTAC, the Consumer Council, Women's Aid, Victim Support, Belfast Chamber of Trade and Commerce, Pubs of Ulster and Visit Belfast.

I made it clear in my statement to the Assembly in June that I have considered all the arguments presented to me and none has persuaded me to persist with the current dual-tier system in operation in Belfast. The relevant legislation is nearing completion and will be made within the next month. I intend to update the Environment Committee on progress on taxi legislation when I attend its meeting this week.

John Dallat (Social Democratic and Labour Party, East Londonderry)

That ends the period for listed questions. We move on to topical questions.

Patsy McGlone (Social Democratic and Labour Party, Mid Ulster)

T1. Mr McGlone asked the Minister of the Environment to confirm that applications for large solar photovoltaic (PV) farms in open countryside are being determined on the basis that the installations are temporary, albeit for 30 years, otherwise the land would have to be rezoned. (AQT 1841/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

Applications for solar farms are determined under planning policy and the relevant development plan. The current policy for all renewables is Planning Policy Statement (PPS) 18 'Renewable Energy', as the Member is aware. For solar PV farms, the Department may include conditions on any permission for the removal of the structures 30 years after connection to the grid. That may be related to the lifespan of the technology, for example, and the planning condition ensures that old, non-functioning equipment is not left in the landscape. If an applicant wishes to continue operating after that 30-year period or beyond it, they would have to make a fresh planning application.

The zoning of land is a function of the statutory development plan. The reason for the temporary nature of planning permission related to solar farms is not related to the zoning of land but rather to issues associated with the proposed development and lifespan of the equipment or technology.

Patsy McGlone (Social Democratic and Labour Party, Mid Ulster)

Go raibh maith agat, a LeasCheann Comhairle. Mo bhuíochas leis an Aire arís eile. I thank the Minister again. What assurances can he give that those large solar installations will be decommissioned, the panels recycled and the land restored at the end of that 30-year period? In other words, what I am asking is: can it be conditioned as part of any potential approvals that are issued?

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank Mr McGlone for that supplementary question. As mentioned, if an applicant wishes to continue operating at the end of the 30-year period, they would have to make a fresh planning application. The application would be subject to the full rigours of the planning system and be assessed against the relevant area plan in place at that time, along with the prevailing planning policy and any other material considerations. If the use of large-scale installations continues without the benefit of planning permission, the Department can initiate enforcement action against the applicant to ensure compliance with the original condition.

Alban Maginness (Social Democratic and Labour Party, Belfast North)

T2. Mr A Maginness asked the Minister of the Environment to comment on an application for a proposed housing development in Brookhill Avenue in north Belfast to assist those who have suffered from mental ill health, which has great social value and is a very interesting enterprise but has encountered difficulties through restrictions to the development due to the fact that demolition in an area of townscape cannot take place without an alternative use having been identified. (AQT 1842/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank Mr Maginness for that question. I previously met with the Member on this application. The meeting was attended by Mr Maginness, other community representatives and, quite tellingly, service users. I was most impressed by what they had to say. The planning application remains under consideration. It seeks to replace existing specialist supported housing at Brookhill with new facilities. There are three detached buildings that may be affected. While those are unlisted, they are in an area of townscape character.

I am aware of the background to the application. As I said, I met Mr Maginness and the applicants' advisers and supporters. At the meeting, it was agreed that evidence should be submitted to show that all other options, including avoiding demolition of the buildings, have been considered. It was agreed that, in parallel, officials would engage with the applicants' architect on design issues. Amended plans have been submitted as of 21 October, accompanied by further information. A further meeting between my officials and the applicants will be arranged and held before the Department presents an opinion to Belfast City Council for statutory consultation. I hope to get that done soon.

Alban Maginness (Social Democratic and Labour Party, Belfast North)

I thank the Minister for his detailed response on the application. Does he agree with me that the social value of the application outweighs, in many respects, the value of retaining the buildings due to their townscape character and that this is indeed a worthy project? Does he also agree that, in such circumstances, planners should take the view that the application should succeed?

Mark Durkan (Social Democratic and Labour Party, Foyle)

Clearly, this project has potential social and health benefits, as it involves the provision of modern supported housing facilities. The applicants and their many supporters clearly articulated that at the meeting that we held. There may indeed be benefits in maintaining supported housing at this location. That is something that I heard loud and clear from those who avail themselves of the supported housing. However, the issue for planning is to assess whether it is feasible to accommodate the supported housing needs at this location whilst seeking to retain the built heritage. I believe that a balance can be struck and I am determined to strike it.

Paul Givan (DUP, Lagan Valley)

T3. Mr Givan asked the Minister of the Environment what measures his Department is taking to address the concerning situation of the tragic deaths on the roads in various constituencies in recent months, with the figures this year, when compared to last year, making for very alarming reading. (AQT 1843/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank Mr Givan for that question. He quite rightly identifies the fact that this year has been a particularly bad one for fatalities on our roads in comparison with the previous two years. However, we must bear in mind that the previous two years had the lowest figures on record for fatalities, and we should look at the general trend to see how much we have improved our road safety and reduced the number of fatalities on our roads over the years due to continued education, improved engineering and the stricter enforcement of laws pertaining to road safety.

However, I think that it is important that we do not rest on our laurels. I assure the Member that that is not what has been happening or why we have seen the drop back this year and this sad and sudden increase in road deaths. It is strange because there has been no increase in serious injuries or collisions on the roads. However, that shows just what a fine line there is between survival and death on our roads.

I assure the Member and, indeed, the House that I remain extremely committed, if not more committed than ever, to ensuring safety on our roads. Next year, I will have less money to do that. However, I think that necessity can sometimes be the mother of invention. I will have to look again at how we work with our road safety partners to get the message out there. I chaired a meeting of the ministerial working group on road safety yesterday that was attended by Minister Ford and Minister Kennedy, and I am assured of their support. Indeed, I am sure that I have the support of all Members.

Paul Givan (DUP, Lagan Valley)

I thank the Minister for that response. Fatalities on our roads had been on a downward trajectory for quite a number of years, and that is why the considerable increase this year and the devastation that that has caused the families impacted on by it is such a cause for concern. I know that the Minister is all too aware of that.

His predecessor and Ministers before that were able to use their ministerial office to attract media coverage and to enhance public awareness, and that was helpful in bringing the issue to the public's attention. I appreciate the difficult financial constraints and the implications that those may have on advertising campaigns. However, will the Minister assure the House that he will seek to use his office in a way that will attract as much public awareness as possible to the issue to try to help address the problems on our roads?

Mark Durkan (Social Democratic and Labour Party, Foyle)

Absolutely. I give the Member and the House an assurance that I will use my office to do just that. I remind him and all other Members of their responsibility to use their office and any opportunity that they have to reinforce road safety messages as well.

The Member quite rightly outlined the fact that, although we are talking about statistics, we are talking about people. Each fatality on our road represents a life lost and a family devastated. I believe that we all have a responsibility to reduce that number or to eradicate it. My Department has a campaign called "Road to Zero". We would love to get to a position in which we had zero road deaths every year. That may sound beyond our ability, but it should not be beyond our ambition. The causes of many of the fatal collisions remain speed, drink and drugs and a lack of attention. Basically, it is human error, and that is why it is extremely important that we continue to reinforce our messages to the public.

Oliver McMullan (Sinn Féin, East Antrim)

T4. Mr McMullan asked the Minister of the Environment why, rather than a face-to-face interview, when a farmer is called in to the Northern Ireland Environment Agency (NIEA) for an interview about using tyres on his farm for his legitimate farming business, he is treated like a common criminal by being sat down, interviewed under formal caution, with the interview taped using three tapes, as would be the case when charged in a police station. (AQT 1844/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank the Member for his question. I am unaware of the specifics of the case and therefore cannot comment on them. However, issues have been brought to my attention in the past around how officials, particularly NIEA officials, conduct their work, and, as such, I have ordered a root-and-branch review of the agency. I want to make it more customer-friendly and customer-focused. Certainly, the behaviour described by Mr McMullan does not give the impression of an organisation that is either of those things.

Oliver McMullan (Sinn Féin, East Antrim)

I thank the Minister for his answer. The community will be heartened by the fact that you are conducting a root-and-branch review of the agency's dealings. When a farmer applies to the agency to bring tyres on to his farm, why does he have to pay £842 for a licence to cover him for a three-year period?

Why is that permit or licence so dear? It is £842. There is no rationale for it whatsoever. Consider how much the countryside is blighted by bonfires every year. Nobody responsible for bonfires is being brought to book. Why is the farming community being singled out? Why is the farmer having to pay £842 for a permit to bring tyres onto his farm? Go raibh maith agat.

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank the Member for that supplementary question. I can assure him and the House that the farming community is not being singled out. Anyone who handles waste tyres will be subject to the same type of scrutiny and investigation.

The rationale behind paying that licence fee is actually to attach a value to those tyres because, all too often, tyres that are being used on farms are the very ones that end up on bonfires. I know that this is an issue that the Member has raised previously. Unfortunately, he was not able to be here on the day that there was an Adjournment debate on this subject. I know that that was through no fault of his own. I would happily meet him to discuss it in the future.

Oral Answers to Questions — Finance and Personnel

John Dallat (Social Democratic and Labour Party, East Londonderry)

Question No 6 has been withdrawn.

Samuel Gardiner (UUP, Upper Bann)

1. Mr Gardiner asked the Minister of Finance and Personnel what redeployment and retraining opportunities he intends to provide to cover the skills gap in the public service created by early retirement and redundancy packages. (AQO 7202/11-15)

Simon Hamilton (DUP, Strangford)

At the outset, I want to make clear that my answer is in respect of the Northern Ireland Civil Service. It is for other Ministers to answer for other public-sector bodies that come within their areas of responsibility.

The Executive have asked my Department to bring forward a range of proposals for strategic personnel interventions to effect a pay bill reduction in the Civil Service, including a voluntary exit scheme. It is important to stress that a voluntary exit scheme is only one of a range of measures to be considered.

DFP, in close collaboration with other Departments, has begun the process of establishing the overall size of the pay bill reduction that needs to be delivered and how this is to be achieved. It is recognised that it will be important in the planning of these measures to take account of the Civil Service maintaining essential business continuity. At this early stage, it is not possible to estimate the extent to which there might be any redeployment or any need for retraining due to the implementation of a voluntary exit scheme.

Samuel Gardiner (UUP, Upper Bann)

I thank the Minister for his answer. In my constituency, there are 13,400 people working in the Civil Service and public service. Will he assure me that the interests of local towns like Lurgan, Portadown and Banbridge will be protected in any redundancy situations that he develops?

Simon Hamilton (DUP, Strangford)

As the Minister responsible for personnel in the Civil Service, I obviously have the responsibility of bringing forward a voluntary exit scheme for the Civil Service. Other Ministers are actually responsible for the bulk of public servants in Northern Ireland. The Civil Service accounts for roughly only 15% of the total public sector in Northern Ireland, which is around 212,000 individuals. I will seek to do that carefully.

The Member and the House will appreciate that the severest pressure that we face is the need to reduce our pay bill so that we can not only live within our means next year but be better prepared for future years. That will necessitate some tough choices, particularly around personnel issues. I think that everybody understands that, as far from ideal as it is, when you have less money and you are providing fewer services, you will need fewer people to do that.

I am sure that one thing that we will not consider is the impact on individual towns or parts of Northern Ireland. What will obviously be at the forefront of our minds in devising, implementing and executing a scheme is the interests of the people who live in those towns and the services that they receive from government, whether they be through the Civil Service or the broad public sector. That is what we always have keep to the forefront of our minds: we are here to provide services and achieve outcomes for citizens. That will obviously necessitate public servants' being situated not only in Belfast or major towns but right across Northern Ireland. As far as possible, we will ensure that anything that is done will not do any violence to the delivery of services, whether that be in Upper Bann, East Londonderry, Strangford or indeed any other constituency.

Ian McCrea (DUP, Mid Ulster)

The Minister will be aware that local media have said that trade unions are planning to strike as a response to the job cuts — I suppose that the "voluntary exit scheme" is the proper phrase for it. Is the Minister willing to comment on what the impact of those strikes could be?

Simon Hamilton (DUP, Strangford)

Within 24 hours of the draft Budget being announced earlier this month, I had already arranged a meeting with representatives of the trade unions. We had a very useful discussion, as we do on any occasion we meet. What I heard at that meeting and at previous ones stands in stark contrast to some of the public utterances of some members of the trade union movement who I do not think are representative of the trade union movement as a whole or the members of trade unions.

Listening to some who appear on our airwaves and television screens regularly, there is an air of unreality about what they say on this issue. I think that they fail to understand, in the way that, I think and hope, most of us in the House understand, and I am pretty sure the people of Northern Ireland and the business community in Northern Ireland understand, that there is less money to do everything we want to do in Northern Ireland. That requires us to cut our cloth accordingly.

If those views are, in any way, seeping through to others in the trade union movement, I encourage trade unions to reflect again on those sorts of comments. If one of their objectives is to protect public services, they have to ask what a strike, a series of strikes, or, as one member of the trade union movement said, a winter of discontent in Northern Ireland, would achieve. I am all for them protesting. However, if they are going to protest, they should protest where it matters. The fact that we have £1·5 billion less spending power today is not as a result of decisions taken by the Executive; it is because of decisions taken by the Conservative-led coalition in Westminster. If they want to protest, that is the place to go.

Pat Ramsey (Social Democratic and Labour Party, Foyle)

I thank the Minister for his responses today. Given the dependency in some areas, as Samuel Gardiner said, on public-sector jobs, including my constituency, where there are high levels of economic inactivity, and given that it is a most emotive subject matter for many in our community, will the Minister outline to the House what discussions he has had with the trade union bodies in respect of the plans for early retirement and redundancy packages?

Simon Hamilton (DUP, Strangford)

As I said in response to Mr McCrea, I met the trade unions within a day of the draft Budget being published. We had a very good discussion in and around this issue. Obviously, you would not expect trade unions to welcome, with open arms, a draft Budget that reduces public spending. I have said that it is not a perfect draft Budget; it includes tough choices and difficult decisions. Obviously, they had comments to make in respect of a voluntary exit scheme and a reduction in headcount across the public sector.

By meeting them early, I showed my intent to include them in the conversation. There have been, there are, and there will continue to be, meetings between officials from primarily my Department, officials elsewhere in the public and the trade unions. I have a paper before the Executive this week on a reform and restructuring plan which includes details of a voluntary exit scheme. I hope to get approval for that from my Executive colleagues this Thursday, because we need to start moving on this very quickly if we are to realise savings starting in the next financial year.

When it is up and running, it is important that there is discussion with the trade union movement about the terms of all that and how it will work. Let us face it: many members of the public sector will want to avail themselves of a voluntary exit scheme, and I am sure that the unions will want to ensure that their interests are also looked after in that process.

Christopher Hazzard (Sinn Féin, South Down)

2. Mr Hazzard asked the Minister of Finance and Personnel what assurances he can give on the timely delivery of key departmental papers to the Committee for Finance and Personnel, particularly those papers relating to the draft Budget 2015-16. (AQO 7203/11-15)

Simon Hamilton (DUP, Strangford)

It is my responsibility as Minister to ensure that I am content with all the output from my Department, including briefing for the Committee. I will always endeavour to provide the information requested on a timely basis.

Christopher Hazzard (Sinn Féin, South Down)

Go raibh maith agat, a LeasCheann Comhairle. I thank the Minister for his answer, short as it was. No doubt the Minister will agree that scrutiny of these plans and papers is very important. In light of that, does the Minister agree that public engagement and, indeed, engagement by community groups and trades unions in the consultation process for the draft Budget are very important?

Simon Hamilton (DUP, Strangford)

The drive for efficiency may extend even to my answers in the Chamber, although do not hold your breath. Yes, I do. We are not unique, but our process of agreeing a draft Budget, putting it out to public consultation, finalising it in a final Budget and then legislating — a process that extends over roughly five months — stands in contrast to some other Administrations. I sometimes envy the ability of the Chancellor to get up on Budget day and say, "This is the Budget for next year". The next day the legislation is introduced, and within a week it is law. There is a neatness to that, but it does not allow for healthy public debate in the way that we do, although some may criticise the time that it takes.

The Committee system in the House plays an important role in taking feedback from Departments and scrutinising what they say when the Budget, as with this one, will make reductions. It also allows them to engage with sectoral groups, interest groups and the community, who are affected by Ministers' decisions. It could be criticised by some as cumbersome, and perhaps there is sometimes a perception, particularly in an environment where we do not have as much money as we would like, that there is not a lot of change. I think, however, that it is a useful process that allows the public, trade unions, the business community and others to have their say and an input into the Budget. I am sure that you already see that in the consultation, and I hope that you will see it reflected in the final Budget, which I hope to see agreed in early January.

Phil Flanagan (Sinn Féin, Fermanagh and South Tyrone)

3. Mr Flanagan asked the Minister of Finance and Personnel for an update on his Department's discussions with Treasury officials and Ministers ahead of the Chancellor's Autumn Statement. (AQO 7204/11-15)

Simon Hamilton (DUP, Strangford)

I have not had any direct communication with the Chancellor of the Exchequer on the content of his autumn statement, and, whilst my officials are in ongoing contact with their Treasury colleagues on a range of issues, they are not sighted on the content of the autumn statement.

Phil Flanagan (Sinn Féin, Fermanagh and South Tyrone)

Go raibh maith agat, a LeasCheann Comhairle. Gabhaim buíochas leis an Aire as ucht a fhreagra. I thank the Minister for his answer. All the talk and speculation on the statement here is about the transfer of powers and corporation tax. The 'Financial Times' says yes; 'The Irish Times' says no. In wider terms, have you or your officials had any meaningful discussions about the real-term cuts to the block grant that you have alluded to in previous answers and how they have impacted and will impact on the Executive's ability to deliver core front-line services in the next year?

Simon Hamilton (DUP, Strangford)

As you would expect of me in this role, I take any opportunity to stress to Treasury Ministers when I meet them the impact that reductions in expenditure in Northern Ireland have had and are having. It is fair to say that our 2011-15 Budget was challenging, certainly in the latter years, and we are experiencing that in this financial year. However, that conversation was slightly different from the conversation that we are having now. I made a statement in the House today about the British-Irish Council meeting in the Isle of Man last Friday, which I attended on behalf of the First Minister. The issue was raised not just by me and the deputy First Minister but by the Scottish and Welsh Administrations. It was raised not with Treasury officials but with the Secretary of State. There is no doubt that the impact of spending reductions comes up in discussions that I have with Treasury Ministers and with other Ministers. Indeed, the ramifications for public spending in Northern Ireland and how we can deal with the issues come up in discussions that officials have with their counterparts in Treasury too.

Paul Girvan (DUP, South Antrim)

Will Northern Ireland received a Barnett consequential from the £2 billion announced by the Westminster Government, and will it be ring-fenced?

Simon Hamilton (DUP, Strangford)

I thank the Member for his question. We will hopefully find out soon exactly what the impact on Northern Ireland will be. To be honest, I was not expecting a terrible lot to come out of the autumn statement through Barnett consequentials for Northern Ireland, given that the Chancellor and certainly his Government have been heading more towards income tax reductions next year and have been dealing with less in their own tax revenues. I did not expect there to be a huge amount of additional spending, so I was pleasantly surprised by the announcement at the weekend of an allocation of £2 billion to the NHS that would have some Barnett consequentials. The timing is interesting: you would almost think that there was an election in the offing. However, we will take whatever we can get. It appears that there is at least between £40 million and £50 million of a Barnett consequential for Northern Ireland as a result of the decision that the Chancellor is expected to announce in his autumn statement tomorrow. Obviously, that is gratefully received by the Executive, and it will be a great help in arriving at a final Budget position.

On the Member's final point about whether it is ring-fenced, that is obviously a decision for the Executive to take in the fullness of the situation that we face. I am sure that my colleague Mr Wells, the Health Minister, could make a compelling case for why some of or all that money should go to his Department, but we should bear it in mind that a range of pressures is emerging between draft and final Budget across a range of Departments. I have spoken about some of those pressures in the House, and other Ministers have come to the House and spoken about some others. Let us not forget either that the Executive were generous to the Department of Health in the settlement that we had in the draft Budget and that some other Departments had to pay for that with larger reductions. We were able to give it £150 million of an additional allocation. It is one of only two Departments that will be in a beneficial position next year compared with last year. However, those pressures and what we have already done with the draft Budget —

John Dallat (Social Democratic and Labour Party, East Londonderry)

The Minister is over his two minutes.

Simon Hamilton (DUP, Strangford)

— are obviously factors that the Executive will consider.

Steven Agnew (Green, North Down)

Even if we get a positive decision, as he would see it, on corporation tax powers, will the Minister listen to the likes of Bro McFerran and Allstate and rein back his position on reducing the rate to 12·5% or even less?

Simon Hamilton (DUP, Strangford)

I share the views of others, not least my colleague the Enterprise Minister, who answered questions in the House yesterday. I am deeply disappointed by Bro McFerran's comments, particularly those on the Executive's ability to take decisions. Obviously, the Executive have been able to take what Mr McFerran would consider to be positive decisions on supporting his business and bringing employment into Northern Ireland. I think that it is disappointing. Aside from whatever the media may wish to do to blow up the impact of what Mr McFerran said, his views are not reflective of the business community in Northern Ireland.

We have a rare occasion where not only are all the five parties in the Executive supportive of the devolution of corporation tax powers but you have a collective across business, and not just big business represented by the likes of the CBI, the Institute of Directors (IOD) or the Chamber of Commerce but small business in the shape of the Federation of Small Businesses, the Northern Ireland Independent Retail Trade Association or Pubs of Ulster have all got behind the campaign to devolve corporation tax powers to Northern Ireland.

I remain hopeful of a positive decision tomorrow. The economic pact that the First Minister and deputy First Minister agreed with the Prime Minister in June last year made a commitment, which the Prime Minister signed, to make a final decision on the devolution of corporation tax no later than the 2014 autumn statement. The autumn statement is due tomorrow, so we expect a final decision tomorrow. I am hopeful, given the robust and compelling case that Northern Ireland has made not just on the need to rebalance our economy but on our unique situation as the only part of the United Kingdom sharing a land border with a state with a significantly lower rate of corporation tax. I think that that compelling case stands on its merits, and I hope that we get a positive decision from the Chancellor tomorrow.

Dolores Kelly (Social Democratic and Labour Party, Upper Bann)

Minister, you alluded to health with regard to the Barnett consequentials and to the idea that there may perhaps be some ring-fencing of that. However, I understand that infrastructure is also to be accommodated in the Budget tomorrow in the autumn statement. I wonder whether there would be a willingness on your part and on the part of the Executive to ring-fence some Barnett consequentials for Northern Ireland for infrastructure.

Simon Hamilton (DUP, Strangford)

If there are Barnett consequentials from decisions that are taken across the water on infrastructure investment, it will not be a matter of us ring-fencing that for infrastructure. It will come as capital that will have to be spent on infrastructure. That will be very welcome, too, because, whilst our capital position next year is improving from this year, it is still under pressure. Any money that we can pour into developing our infrastructure helps our economy and helps to create jobs, but it is also a boost to attracting investment to these shores.

We will see what comes forward in the autumn statement in any capital Barnett consequentials. Some announcements that I have seen appear to be the bundling and re-announcing of previous commitments made by the Government, so it is not yet clear whether they are new decisions and therefore with a Barnett consequential if there is comparability or whether they are just a rehash of old announcements.

It is a bit like the caution on the announcement about health. Although it does look as though there are positive Barnett consequentials coming from that, it is not clear how some of it might be financed. It could be coming from decisions that have negative Barnett consequentials. There may be other positive and negative decisions, so we will find out at approximately this time tomorrow whether it is good news or not-so-good news for Northern Ireland.

Peter Weir (DUP, North Down)

4. Mr Weir asked the Minister of Finance and Personnel what impact the proposed closure of the Northern Ireland Law Commission will have on the review of the law of defamation. (AQO 7205/11-15)

Simon Hamilton (DUP, Strangford)

The Northern Ireland Law Commission launched its consultation on the law of defamation on 27 November, and it will run until 20 February next year. I expect the commission to try to complete the analysis of responses and the final report by 31 March 2015, which is the scheduled date for closure. We are considering how the commission's resources can be maximised to help it to achieve that objective. However, if it is not able to do so, it may be possible to retain the services of the lawyer leading the project for a further short period to allow for the completion of the review.

Peter Weir (DUP, North Down)

I thank the Minister for his response. We were talking about the Barnett formula. Obviously, with Lord Barnett recently deceased, he would seem to fall outside the law of defamation. The Minister outlined contingency arrangements. Will they in any way compromise the independence of the project?

Simon Hamilton (DUP, Strangford)

I thank the Member for his question. I thank him for his original question, too, which gives an opportunity to clear up for the House some confusion that may have emanated from the Minister of Justice's decision to end the work of — close down, effectively — the Law Commission from the end of this financial year. There was concern in some print media that that would lead to the end of the review, which I commissioned about a year ago, and that we would not see any progress on the matter. I had correspondence with the Minister of Justice, and we have agreed the consultation, which was published just this past week. That will take some time to complete and get the feedback on.

The Member asked about independence. My whole objective in asking the Law Commission to carry out a review of the law of defamation in Northern Ireland to determine whether there is a need to extend to here in full or in part the changes that were made to the law of defamation in England and Wales was that we needed an independent perspective on it. We had views expressed by some in the legal profession, who may be considered to have a vested interest, and by some in the press and media, who may also be accused of having a vested interest. I thought it important to get an independent view.

In short, the contingency arrangements that I am talking about are designed to advance rather than diminish the level of independence. My Department will not be assuming any responsibility for the final stages of the review project. Rather, it is envisaged that the commission's lead lawyer, who has been carrying out the work on our behalf, will complete the final report and refer it back to the Department for consideration.

Alban Maginness (Social Democratic and Labour Party, Belfast North)

I thank the Minister for his answer, but he misses the point in this. It is not really just that the report into defamation has been delayed and may not be completed but that the Law Commission is an important outworking of the criminal justice review. At the stroke of a pen, the Minister of Justice effectively abolished —

John Dallat (Social Democratic and Labour Party, East Londonderry)

Can we have a question, please?

Alban Maginness (Social Democratic and Labour Party, Belfast North)

— the commission. Is that not a terrible waste of resources that the Assembly could have used to build a good legislative body in the House?

Simon Hamilton (DUP, Strangford)

There is a pattern developing: a lawyer asked the first question and another lawyer asked the second. I would expect a lawyer to point out where I was wrong in respect of this.

The decision on the Law Commission is not a matter for me; it is a matter for the Minister of Justice. The point that my learned friend made so eloquently would be better directed towards the Minister of Justice, who obviously faces, not just this year but in future years, pressures on his budget. I am sure he can argue with the Minister of Justice about the relative merits of the Law Commission.

While not wishing to speak for the Minister of Justice, I am sure that he would highlight the fact that, in the very pressurised budgetary environment that he is facing, not just this year but in future years, he has to take decisions that, in a more perfect environment or a more benign environment, may not be decisions that he would want to take, but that in order to ensure that as much of the front-line services, particularly around the police, are protected and supported within his area of responsibility, the decision to do away with the Law Commission is, in that context, a reasonable one to make.

Danny Kinahan (UUP, South Antrim)

I thank the Minister for his answers so far. So we have got the review. However, when the consultation comes out, will the Minister guarantee that, if reform is needed, legislation will be brought forward?

Simon Hamilton (DUP, Strangford)

I was concerned, and this is why I am glad to have the opportunity to clear some of this up, that the Commission's expiring at the end of this year might have kiboshed the whole review and shunted it into the sidelines; it might have made it difficult for us to pick up and continue in a way that included the all-important independence that I wanted to have in that review.

I would be foolhardy if I stood here and guaranteed anything, including legislation, on this. However, the whole purpose of the review is to get an independent perspective and for us to consider that and see where the balance of the arguments are on the need to introduce legislation. If the conclusion that I reach after studying the report is that there is a need for legislation, I will seek to bring that forward. Obviously, towards the end of an Assembly term there is a rush to get legislation through and there is pressure on resources in terms of the legislative draftsmen, the time available in this House and the time that the Committees have available. Certainly, if there is a need to do it, that is something that I certainly will pursue.

Robin Swann (UUP, North Antrim)

5. Mr Swann asked the Minister of Finance and Personnel to outline his Department’s role in the fact-finding investigation into the actions of Mr Stephen Brimstone. (AQO 7206/11-15)

Simon Hamilton (DUP, Strangford)

DFP had no departmental role in the fact-finding investigation into the actions of Mr Stephen Brimstone.

Robin Swann (UUP, North Antrim)

Will the Minister clarify what specific role the head of corporate HR within his Department had? They were tasked to carry out a fact-finding investigation into Mr Brimstone's role as a civil servant.

Simon Hamilton (DUP, Strangford)

The Member has articulated the position exceptionally well, to the point where I am wondering why he needed to ask the question. The head of corporate HR in my Department — corporate HR has a range of responsibilities, not just in my Department, but for the broad Civil Service — was asked by the permanent secretary responsible for the Department for Social Development to carry out a fact-finding mission. I presume that that was done on the basis of getting an independent view or voice from outside the Department. That work was carried out, but it had nothing to do with me, and I did not commission it. Therefore, it is not a responsibility for my Department.

Jim Allister (Traditional Unionist Voice, North Antrim)

Mr Stephen Brimstone, because he is a special adviser, is a temporary civil servant. He is therefore subject to the same code of ethics as every other civil servant. Your Department has responsibility for all civil servants in that regard. Why, therefore, would you not be interested in the fact-finding exercise pertaining to that which was carried out by your corporate HR department? Why do you want to be complicit in covering up the facts that were unearthed?

Simon Hamilton (DUP, Strangford)

That is a typical response from the Member, who has shown his position on this issue through his very open remarks in the Committee. I would have thought that, as a lawyer, he would have waited until the balance of evidence was there, but he has very clearly reached a conclusion in his own mind on the matter.

This was a fact-finding investigation, commissioned by the permanent secretary responsible for the Department for Social Development: it was nothing to do with me, and it was nothing to do with my Department. I daresay that, had I shown an interest in the report and asked to see it, the very same Member would have been accusing me of interfering in the process. I think that what I have done in not asking for the report, not looking at the report, not seeing the report, not commissioning it and not being involved in it in any way, shape or form was the right and proper thing for me to do.

Gregory Campbell (DUP, East Londonderry)

Will the Minister, in his capacity as Minister of Personnel, outline the protection offered to temporary civil servants when they come before a Committee for an inquiry, which Mr Brimstone has done not once, not twice, not three times but four times — and is due to come for a fifth time to answer questions, when others have declined to come — from constant badgering from people who cannot face up to the truth?

Simon Hamilton (DUP, Strangford)

It would not matter to me whether they were special advisers or, indeed, any other civil servant or public servant. When they come before Committees of this House, they should be treated with courtesy and respect. First, they should not be treated as if they are guilty, which is the behaviour of the Member Mr Allister in his dealings with Mr Brimstone. Secondly, they should not be treated as if they are some sort of witness in a court of law where the Member can practise the skills that he has developed through the years in the High Courts in Belfast. All witnesses and all people who come to the House to give evidence in whatever way, shape or form should be treated with decency and respect.

John Dallat (Social Democratic and Labour Party, East Londonderry)

That ends the period for listed questions. We now move to topical questions.

Mickey Brady (Sinn Féin, Newry and Armagh)

T1. Mr Brady asked the Minister of Finance and Personnel for his analysis of the Smith commission recommendations and their potential local impact. (AQT 1851/11-15)

Simon Hamilton (DUP, Strangford)

I think that it was an interesting report that was published last week by the Smith commission. I have taken a look at it, and, obviously, I will study it in much more depth. It is interesting in itself because of the impact that it has on Scotland, but it is more revealing perhaps, particularly with the conversation that we are having at the minute in respect of the devolution of further powers to Northern Ireland. Obviously, we are very much focused on the devolution of corporation tax, and, hopefully, we will get a positive response to that in the next 24 hours. It reveals that, particularly around welfare and other tax devolution, there is potential in Northern Ireland, should we want it and should we judge it to be in our interests, for more powers to be granted to the Assembly should we agree to seek them.

Mickey Brady (Sinn Féin, Newry and Armagh)

I thank the Minister for his answer. The Smith commission's recommendations on welfare have changed the context of welfare cuts. Does the Minister think that the enhanced benefits offered to Scotland could have some impact or potential here?

Simon Hamilton (DUP, Strangford)

The area of welfare contained in the Smith commission report is one of the more complex ones. I met the new Scottish First Minister, Nicola Sturgeon, last week at the British-Irish Council. She was at pains to point out that the Smith commission, in her view, was a good start but did not go far enough as far Scotland was concerned.

In respect of welfare, I do not wish to ascribe views to her, but I think that she was a little underwhelmed that the welfare benefits that were potentially going to be devolved to Scotland were only a small chunk of the overall welfare benefits and that any decisions that came at a cost would have to be paid for by the Scottish Government. This, of course, sounds familiar to us here because, obviously, we have negotiated flexibilities around welfare reform. All of these flexibilities come at a cost to the Northern Ireland Executive.

I think that there is potential for us to work closely with Scotland. They will tease out and work out themselves whether it is in their interests, whether they want to take it, how they want to take it, what they want to take, what they do not want to take and what the ramifications are for developing an IT system for Scotland. As they form a view on all of that, it is important that we keep close to them and continue to engage with them. The deputy First Minister and I pointed that out to the First Minister, and she was keen for that to continue, because, looking four or five years down the line, if the Scots do develop their own welfare system and that is a system that is more in keeping with where we might want to be at that time having passed some welfare reform legislation in the intervening period, there may be an opportunity for us to work with the Scots and have a joint welfare system, which would help to reduce many administration costs.

However, I am at pains to stress that that very much depends on what the Scots decide and will be very much in the longer term. I do not see it happening in the next year to 18 months or before we have to make a decision on the issue.

Michael McGimpsey (UUP, Belfast South)

T2. Mr McGimpsey asked the Minister of Finance and Personnel, bearing in mind that we are looking at workforce restructuring proposals, and given the high level of public-sector workers in Northern Ireland, what his initial view is of the potential impact on the number of workers and jobs. (AQT 1852/11-15)

Simon Hamilton (DUP, Strangford)

Down through the years, certainly since I have been here and before that, there has been consensus across the House that we have an over-reliance on the public sector in Northern Ireland for economic growth and employment. We have a rather large public sector of around 212,000 people for a population of just 1·8 million. Whilst we want to rebalance the public sector, the circumstances that we find ourselves in that are forcing us towards rebalancing it are not ideal.

It is too early to say precisely how many people we expect to lose across the public sector. In the discussions that I have had so far with every Minister from every party represented on the Executive, I found that there are no Departments, arm's-length bodies or public sector bodies that do not foresee the need to reduce their headcounts by some degree. No matter who is stewarding those Departments in a ministerial sense, there are no Departments that see it as anything other than necessary to help us to live within our means.

Michael McGimpsey (UUP, Belfast South)

I thank the Minister for that answer. Among the 200,000 people in the public sector, there is clearly uncertainty, anxiety and concern about those issues. Will he confirm that he, as the Minister, and his Department are in discussions with unions and the staff side and that a key feature of any proposals will be voluntary rather than compulsory redundancies?

Simon Hamilton (DUP, Strangford)

As the Member was talking, I wrote down one word: "voluntary". It is important to stress that we are developing a voluntary exit scheme.

I do not want to jump to rash conclusions, but the feedback that I am receiving is that a voluntary exit scheme will not be rebuffed by many in the public sector. A number of people would like to avail themselves of such a scheme, and we will see the quantities as we develop a scheme over the next number of months.

I am aware that it is one thing, and it is my responsibility, to stand here and say that we have a Budget, that we must live within our means and that, particularly in the current circumstances, that requires drastic action. However, I also have to be sensitive to the fact that we are talking about people, and the Member was right to make that point. Many people and families across Northern Ireland, for whatever reason and whatever their particular motivation or concern, will want to know with some certainty what is happening, when it is happening and what it means for them.

Whilst it would be wrong to say that something like that will not happen and that we will not have to have a voluntary exit scheme — we clearly will have to have such a scheme — it would be equally wrong to rush out and say that there will be x number of people in this, that or the other Department. A lot of work has to be carried out before we can hollow out exactly how much money we have, what it will cost to remove people and whether we will have to do that over one, two, three or maybe more years. We will then decide where the people will come from and when they will come out of those Departments or arm's-length bodies. It is very complex, technical, difficult and challenging work, but, at all stages, we have to bear in mind that we are talking about people and we need to be sensitive to their concerns.

Gregory Campbell (DUP, East Londonderry)

T3. Mr Campbell asked the Minister of Finance and Personnel to outline the consequences for Northern Ireland following the publication of the Smith commission report. (AQT 1853/11-15)

Simon Hamilton (DUP, Strangford)

There are, perhaps, no direct consequences flowing from the Smith commission report. It was a discrete piece of work that was done for Scotland, viewed from a Scotland perspective and populated by Scottish politicians, and, obviously, Scottish politics were very much to the forefront of the minds of members of the commission and the conclusions that they reached.

Some have suggested that, because there was a rebuffing of corporation tax for Scotland and then the subsequent comments of the First Minister in Scotland that she was disappointed. To be fair to her, she has been supportive of our call for the devolution of corporation tax to Northern Ireland. Some have also suggested that the rebuffing of the Scottish demand for corporation tax might have thrown some sort of a spanner in the works. I do not see it that way. I am at pains to stress that Northern Ireland is in a unique position. We are not Scotland, in terms of our economy and our economic development. Scotland's economy is much stronger and more industrialised than ours.

As the Member and the House will know, we have suffered for a number of years from underinvestment because of the Troubles, and we have that challenging land border issue with a state that has a considerably lower corporation tax rate. The fact that there is nothing in the Smith commission report about corporation tax does not necessarily mean that there is going to be a bad answer for Northern Ireland. I hope that we get a positive outcome by way of, at least, some sort of decision by the Chancellor. Obviously, a lot of work will be required to be done after a decision is made. A positive or supportive decision by the Chancellor will necessitate work being done at Westminster, by way of the passing of legislation there, and in Northern Ireland, by passing legislation here. I am still hopeful that we will get the go-ahead tomorrow that will allow us to proceed with securing that policy.

Gregory Campbell (DUP, East Londonderry)

Hopefully, the Minister is right and there will be a positive response tomorrow. Assuming that there is, and, within 24 hours, we know the position, will the Minister's officials, post-legislation at Westminster, begin the very diligent process with the Treasury of rolling out the positive response?

Simon Hamilton (DUP, Strangford)

The economic pact was very clear about a final decision being made no later than the autumn statement. I expect a statement tomorrow. I do not know what nature and shape that decision will take, or what it will or will not say, but we expect a decision of some kind tomorrow.

If it is, as we hope, a positive decision, in many respects, after a decade of work to get to this point, the work to ensure that the legislation can get through Westminster will really start. Obviously, we will be looking to the Member and his colleagues to ensure the swift passage of that legislation across the Houses of Parliament. We have work to do in Northern Ireland too with regard to consenting to that legislation, and, later, passing our own legislation and deciding where we want to set our level of corporation tax. Work will be ongoing with officials. Even if there is a positive decision tomorrow, it will not be a positive decision with a precise price and all the technical details. Some work will still have to be carried out with regard to all of that, and that will, obviously, have to be done incredibly quickly over a short time.

Like the Member, I hope that we get a positive decision tomorrow that will allow Northern Ireland to move forward on this issue, after the struggle and battle that there has been for the best part of a decade to get to this point. We have done everything that we can. I think that we have made a very strong, robust and sound case, based on evidence and need. I also think that we have a Government in London who are receptive to our argument, and I hope that they follow through positively with a decision tomorrow that is beneficial to Northern Ireland.

David Hilditch (DUP, East Antrim)

T4. Mr Hilditch asked the Minister of Finance and Personnel when he expects a voluntary exit scheme to be in place, given that most Departments are reporting the need to reduce staff numbers next year if they are to meet their budget pressures and targets. (AQT 1854/11-15)

Simon Hamilton (DUP, Strangford)

The Member is right. I do not think that any Minister who has reported to their Committee on the impact of the reductions in their budget has not said that they expect to take a number of staff off the payroll. The feedback that I am getting in discussions with Ministers so far is that every one of them has wanted to discuss the issue and has wanted to understand when a scheme will come forward. They are not hugely relying on making savings next year, but they want to know that they can start to make savings next year, which will materialise in much larger quantities the year after.

I have submitted a broader paper to the Executive on restructuring and reforming the public sector; it includes a range of issues, but primarily the voluntary exit scheme. The paper outlines the hope that, with a lot of effort and work over the coming weeks and months, we could have a voluntary exit scheme in place open for applications early in the next financial year. We will then start to take the first tranche of people out of the public sector around August or September next year.

John Dallat (Social Democratic and Labour Party, East Londonderry)

Order. Time is up. Before we return to the A6 debate, I ask Members to take their ease while we change the top Table.

(Mr Deputy Speaker [Mr Beggs] in the Chair)

Private Members' Business

Trevor Clarke (DUP, South Antrim)

I support the motion and the amendment. Like others, I listened to the debate, and many of the contributions came from the north-west. However, as many Members will know, I represent South Antrim, where the bottleneck starts on the M22. I support the principle of the motion, but I appreciate the difficulties, given the scale and enormity of the cost of the total project. That said, it has to start somewhere.

Listening to the contributions, it is interesting to hear people talking about jobs, unemployment, connectivity, infrastructure and investment. One area that has not been touched on, which is dear to me, given the area that I represent, is that, with regret, I have to say there have been a number of road deaths on the Moneynick section of the M22. People try to exit properties on to a road that was not designed for that purpose. While there are benefits for people travelling to and from Belfast and Londonderry, and that is a necessity, it has put many people's lives at risk on the Moneynick section of the road where there are in excess of 18,000 movements a day. It has made it very difficult for people exiting and entering their properties, and it has put many lives at risk. It is with regret that I have to say that I know someone who lost their life on that section of road.

So, whilst we can talk about connectivity and investment, I do not think that we should forget about the people who make the difficult journey on that section of road. I am not taking away from the Dungiven section. Unlike others, I have travelled on it on a few occasions. It is not necessary for me to travel on it very often; however, I have sympathy with those who have to make that journey regularly. I also have sympathy with the people who live in Dungiven having that level of congestion through their village. To that end, I want to put on record that I support the motion as amended.