Northern Ireland Assembly, 14 April 2015

281 contributions from 61 members. The official report.

Ministerial Statement

John O'Dowd (Sinn Féin, Upper Bann)

Go raibh maith agat, a Cheann Comhairle. A Cheann Comhairle, le do chead, ba mhian liom ráiteas a dhéanamh, ag comhlíonadh alt 52 de Acht 1988, maidir le cruinniú den Chomhairle Aireachta Thuaidh/Theas i bhformáid oideachais. Tionóladh an cruinniú in Ard Mhacha ar 25 Márta 2015. Mr Speaker, with your permission, I wish to make a statement, in compliance with section 52 of the NI Act 1998, regarding a meeting of the North/South Ministerial Council (NSMC) in education format. The meeting was held in Armagh on 25 March 2015. This statement has been agreed with Minister Storey and is made on behalf of both of us.

Turning to EU funding opportunities, the Council noted the ongoing work of both Departments on the shared education theme of the forthcoming Peace IV programme. I will be asking my officials to explore the potential for collaboration with the Department of Education and Skills on the ERASMUS+ programme. I am looking forward to receiving an update on progress at the next NSMC plenary meeting.

The Council noted plans by both Departments to draw up a model for a future cross-jurisdiction engagement event on educational underachievement issues. I look forward to receiving that from officials.

The Council received a joint presentation from both inspectorates, covering the main conclusions from their work on literacy and numeracy. I welcome the continuing work of the inspectorates and their plans to publish joint work on literacy and numeracy, their continuing programme of inspection exchanges and their plans for the inspectorate of the Department of Education and Skills to quality assure the Education and Training Inspectorate's review of the outcomes of its Promoting Improvement in English and Mathematics programme.

I welcome the continuing progress by both Departments and the Middletown Centre for Autism in facilitating the expansion of the centre's range of services since it commenced expansion in April 2013. Minister O'Sullivan and I had the opportunity to visit the centre following the Council meeting. We received a presentation by the centre on its current work and its plans for 2015-16.

We also had the opportunity to observe intervention work with children referred to the centre and learn about the centre’s whole-school referral work and meet parents and children. Minister O’Sullivan and I were delighted to meet the children and parents and see first-hand the invaluable support that the centre offers to them. We will continue to support the centre in its vital role in working with some of the most vulnerable children and young people with autism.

I turn to teacher qualifications. Both Ministers noted that the work on the professional accreditation of reconceptualisation programmes of initial teacher education has now been completed by the Teaching Council Ireland. Ministers noted that the North/South teacher qualifications working group has asked both councils to revisit the Teaching Council Ireland desk-based qualifications assessment process and provide an assessment of the issues impacting mobility by the end of September 2015.

Ministers were pleased that the criteria encompassing guidelines for the Irish-language requirement programme design have now been approved by the Teaching Council Ireland, and they have recently invited St Mary’s University College, Belfast to submit a formal programme proposal for approval. The Council also noted the progress made on the implementation of the 2014-15 programme plan developed by the Professional Development Service for Teachers and the Curriculum Advisory and Support Service (CASS).

Ministers noted the positive outcome of the independent evaluation of the North/South collaborative programme of work for 2010-11 to 2013-14, the findings of which will inform future programmes of work. It was noted that approval in principle has been given to a collaborative programme of work over the next three academic years based on digital literacy and history and that support services have been asked to develop a detailed proposal to include objectives, timelines and budgets for final approval of the North/South teacher qualifications working group in May 2015. Ministers noted that the twelfth annual conference, ‘Always Learning, Always Teaching: Making the Journey’, took place in the Killyhevlin Hotel, Enniskillen, on 21 and 22 October 2014, and work has commenced on organising the thirteenth annual conference, ‘Teacher Education for Social Justice’.

I turn to school, youth and teacher exchanges. Minister O’Sullivan and I noted the ongoing activities of the North/South education and training standards committee for youth work, particularly in relation to the professional endorsement of higher education programmes in youth work. I welcome the development of a dedicated website and the introduction of an annual monitoring process to ensure that institutions comply with the basic criteria for professional endorsement. The Council welcomed the work of the group established by the Youth Council for Northern Ireland and the National Youth Council of Ireland to consider the issue of youth work and ICT and its recent success in securing funding through the ERASMUS+ programme to carry out further research with European partners.

Ministers agreed that the North/South Ministerial Council in education format should meet again on 21 October 2015.

Michelle McIlveen (DUP, Strangford)

The Minister mentioned anticipated improvements to the transferability of teaching qualifications, and he previously announced a favourable change to the way in which universities in the Irish Republic award points for GCE A levels. Will the Minister tell the House whether he has made any progress in persuading the Irish Universities Association to change its mind and recognise our applied Northern Ireland GCSE A levels to ensure their portability? In addition, will he provide further detail on the cost associated with the three-year collaborative programme of work and confirm that key services like the primary modern languages programme will not be sacrificed to fund cross-border activities that have seemingly limited relevance to our schools?

John O'Dowd (Sinn Féin, Upper Bann)

I am not sure how the Member can end by saying that those activities have limited relevance to our schools, given that her first two points are very relevant to our schools. The issue of applied A levels is very relevant to our schools, and engagement through the North/South Ministerial Council has paid dividends in that Southern universities have made a commitment to review the way in which they deal with and score A levels to ensure that there is greater equitable access for Northern students to Southern universities. That is relevant to our schools.

The Member raised key services such as the primary languages programme. Will it be sacrificed in relation to the ongoing cooperation between the inspectorates etc? No, it will not be, but I think that it is vital that our inspectorate learns from its colleagues from the southern side of the border. We also cooperate with the inspectorate in Britain, so we are learning from other inspectorates around this group of islands to ensure that young people in our schools receive the best-quality education services possible.

I should also have mentioned your question about applied A levels. We will continue to lobby Southern universities to give the proper recognition to applied A levels; we have not succeeded yet, but those discussions and that lobbying will continue. We will continue to engage at both ministerial and official level, and I am aware that the Minister for Employment and Learning is also lobbying for proper recognition of applied A levels.

In relation to the primary languages programme, nothing will be sacrificed in any of our services here to ensure greater cross-border cooperation. I have been lobbied by a number of schools recently about the primary languages programme. It is not directly relevant to North/South cooperation, but the Member has raised it. One of the schools has a surplus of £250,000 and the other has a surplus of £70,000. I respectfully suggest that those schools are in quite a good position to continue our primary languages programme.

Maeve McLaughlin (Sinn Féin, Foyle)

Go raibh maith agat, a Cheann Comhairle. I thank the Minister for his statement today, and I want to acknowledge the continuing progress in Middletown autism centre. As somebody who comes from a border constituency, can I ask the Minister specifically: there is agreement, in principle, on the collaborative programme, but what needs to happen to make that approach more formal? Can the Minister give some indication as to how that would link with further and higher education?

John O'Dowd (Sinn Féin, Upper Bann)

The ongoing work of the North/South Ministerial Council is paying dividends, as I have outlined, in learning best practice from the inspectorate. The autism work, through the Middletown centre, has proven to be very relevant. We visited the autism centre and met the parents, teachers and a child who was receiving services from the autism centre and were heartened to see the reality of investment in the centre and the outworkings across the educational sector. The relevance to further and higher education is really a matter for the Minister for Employment and Learning to respond to. I believe that the ongoing work, whether through the autism centre or inspection qualifications, or through any other aspect of North/South cooperation, has a relevance to our education system and is therefore a benefit to further and higher education.

Seán Rogers (Social Democratic and Labour Party, South Down)

We all acknowledge the great work of the autism centre at Middletown. What discussions have taken place with your Southern counterpart to share the good practice and ensure that children with ASD who fall outside the remit of Middletown have their educational needs met?

John O'Dowd (Sinn Féin, Upper Bann)

My counterpart in the South has commissioned different services from the Middletown centre than we have, and that is to meet what they believe to be the training needs in their jurisdiction. What I found heartening, particularly during my visit to the Middletown centre, was that speaking to teachers from our special educational needs schools, and schools that are coming to the centre and receiving training from it in their schools, is paying dividends for all the children in their settings, whether in special needs or mainstream schools. We are either training our teachers and professionals in Middletown or teachers from Middletown are visiting schools, to work with schools, parents and boards of governors. That is paying dividends for all children, whether or not they are on the autism spectrum.

Sandra Overend (UUP, Mid Ulster)

I thank the Minister for his statement. Does the Minister not agree that, while it is fine to look at North/South mobility for teachers — as the Minister refers to in the second paragraph, regarding teacher qualifications — that his priority should be for teacher mobility within and across sectors in Northern Ireland? Could the Minister clarify at what point, between 9 and 10 February this year, he changed his mind and decided that keeping the requirement for maintained primary and nursery schools to have a certificate in RE was a good idea?

John O'Dowd (Sinn Féin, Upper Bann)

I did not change my mind. I made an error. To err is human; to forgive is divine. I notified Members quite quickly afterwards in writing. During Question Time, when different issues are being thrown at you, I, like anyone else, am capable of making an error. I rectified it, and Members are now fully aware of the position.

There are two clearly distinct issues. I have written to the First Minister and the deputy First Minister about the exemption. I believe that it should be dealt with. I understand that people are seeking to do so through equality legislation, with the support of all parties, I hope. The Catholic certificate is open to all denominations and can be obtained from either St Mary's University College or, through online learning, the University of Glasgow. I have committed to looking at the recommendations that came out of a recent review by my Department to ensure that the certificate is accessible to all and that all teachers have mobility across sectors.

Trevor Lunn (Alliance, Lagan Valley)

In the spirit of North/South cooperation, perhaps, has there been any discussion at these meetings on the excellent work of Educate Together in the Republic and its relevance to the work of the Northern Ireland Council for Integrated Education (NICIE) and the Integrated Education Fund (IEF) in the Northern Ireland context?

John O'Dowd (Sinn Féin, Upper Bann)

I cannot recall any discussions about that group, but I am more than happy to engage with Minister O'Sullivan to see whether she would be agreeable to having it on a future agenda of the North/South Ministerial Council.

Jonathan Craig (DUP, Lagan Valley)

Thank you, Minister. I listened with interest to what you said about the Middletown Centre and how you hope to expand its range of services. What impact will your reduction by £100,000 to its budget this year have on that expansion programme, and will there be a similar reduction from the Republic of Ireland?

John O'Dowd (Sinn Féin, Upper Bann)

I have sought to ensure that there will be no reduction in services at the Middletown Centre as a result of the £100,000 reduction. We believe that that will be dealt with through administration at the Department and in other areas. You will not see a reduction in front-line services. A decision on any funding from Minister O'Sullivan's budget is a matter for Minister O'Sullivan.

Robin Newton (DUP, Belfast East)

I thank the Minister for his statement. The Chair of the Committee asked specifically about the budget allocation for the collaborative programme of work over the next three years, but the Minister did not cover that in his answer. Can he outline the cost of the programme?

In addition, I welcome the establishment of a group by the Youth Council for Northern Ireland and the announcement of the work that it will do with the National Youth Council of Ireland. In the context of cuts to the youth budget, and the consternation that those cuts have caused in the education and library boards, which are particularly concerned about detached youth work in inner-city and difficult interface areas, is it the case that the establishment of the working group will in fact detract from existing support?

John O'Dowd (Sinn Féin, Upper Bann)

I do not have the details of the costs for the collaborative programme of work in front of me, but I am more than happy to share them with Members. I reiterate my welcome for the work between the youth councils on the island.

I have made my views on our local youth council very clear: it is administration that we can no longer afford. I will launch a consultation in the near future on how we move forward. Our current youth council has a legislative basis and, given the budget facing the Department of Education and the projected budgets for future years, we should do everything in our power to reduce bureaucracy and administration. We have to find an alternative solution.

There is no cut to youth budgets in the education and library boards — now the Education Authority. There are no cuts to youth budgets whatsoever, whether for detached youth work or mainstream youth work. I have ring-fenced youth services, and it is now a matter for the various management strands in the Education Authority to decide which programmes of detached youth work that they wish to take forward. The budget is there to continue programmes moving forward in future. This is funded under what is known as the ministerial fund. I introduced that funding a number of years ago, particularly for socially deprived areas. It has been assigned to the authority and I await decisions from the authority as to how the funding will be used.

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

Go raibh míle maith agat, a Cheann Comhairle. Gabhaim buíochas leis an Aire as ucht a ráitis. Fáiltím ach go háirithe roimh an chomhoibriú atá ar bun idir an dá chigireacht um oideachas agus oiliúint, Thuaidh agus Theas. Ba mhaith liom a fhiafraí den Aire cad é an comhoibriú atá ar siúl idir an dá chigireacht maidir leis an Ghaelscolaíocht. An dtig leis an Aire a dheimhniú go bhfuil na scileanna cuí ag na cigirí i bhfos a théann isteach a dhéanamh cigireachta sna Gaelscoileanna?

I thank the Minister for his statement and I especially welcome the cooperation between the two inspectorates, North and South. As part of that cooperation, what work is being done on developing inspection skills regarding Irish-medium education? Will the Minister assure us that the inspectorate here has the appropriate skills to carry out that work?

John O'Dowd (Sinn Féin, Upper Bann)

Gabhaim buíochas leis an Chomhalta as a cheist. Yes, there has been previous cooperation between the two inspectorates in relation to the inspection of Irish-medium provision, and that cooperation will continue. I am satisfied that our inspectorate has the appropriate skills to carry out inspections in the Irish-medium sector.

Gregory Campbell (DUP, East Londonderry)

The Minister referred to educational underachievement, particularly in Northern Ireland, and the work on literacy and numeracy. Did the subject of the signature project come up? It is about to end in the next few weeks. Given the success of that project, has the Minister given any thought to a replacement for it, particularly to enable our working-class young people to get better numeracy and literacy skills?

John O'Dowd (Sinn Féin, Upper Bann)

It would be inappropriate for the programme to be raised at the North/South Ministerial Council in education format because it is funded by OFMDFM. I welcome the Member's support for the programme. I would like to see it moving forward, and I understand that OFMDFM is analysing its budgets to see whether it can continue to fund the programme. The initial response and reports back from the programme have been that it has been very beneficial to the schools and pupils involved. I hope that OFMDFM is in a position to continue funding the programme in future.

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

I welcome the Ministers' statement, and particularly their plans to publish joint work on literacy and numeracy, which Mr Campbell just mentioned. Given that the standards of literacy and numeracy in both parts of the island are equally bad and far below those in Japan, Finland and the Netherlands, does the Minister agree that recent decisions to remove funding — for example, the early years fund from nursery schools — will set us back even further than we were?

John O'Dowd (Sinn Féin, Upper Bann)

Again, I welcome the opportunity to clarify, or correct, the Member's assertion. There have been no cuts to early years education funding for nursery schools or preschools. The Member mentioned a cut to the early years fund but that will not impact on early years provision for preschools because I have a Programme for Government commitment and the budget to meet that commitment to ensure that every child whose parents wish to avail themselves of early years provision will be allowed to do so. There are two separate and distinct funding regimes.

In relation to the common cause of tackling our numeracy and literacy levels, we have much to learn from across this island, these islands and the world. Our educational challenges are not unique; they are common across other parts of the world, and the more we learn from others, the more opportunity there will be for our young people to improve and have an opportunity for better quality education moving forward.

Private Members' Business

Mitchel McLaughlin (Speaker, 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 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.

William Irwin (DUP, Newry and Armagh)

I beg to move

That this Assembly notes the miscarriage of justice in the case of the UDR four; recognises the particular circumstances of Mr Colin Worton in relation to the case and that he served over two and a half years in custody on remand before the case against him was dropped and he was released; further notes the Minister of Justice’s comments on the miscarriage of justice, the innocence of Mr Worton and the significant detrimental impact on Mr Worton; and calls on the Minister of Justice to seek urgently to address this miscarriage of justice by exercising his discretion to provide redress for Mr Worton.

I welcome the opportunity to once again bring the case of Colin Worton to the House. Members will recall that the previous occasion the matter was discussed in the Chamber was in an Adjournment debate on Tuesday 24 June 2011. We are some years down the line from that. However, for Colin, the situation remains unchanged. He continues to pursue his very dignified and honourable campaign to find redress.

The facts are well established in Colin's case. The fact that he spent 30 months on remand before he was released without charge has had a profound effect on him and his family. Colin feels very strongly that a heavy stigma has been attached to his undeserving association with Adrian Carroll's murder and that that has prevented him from undertaking many of the normal and honourable pursuits in his life that he would have otherwise pursued. Indeed, his passion lay with the army, and he was devastated when his contract was not renewed and he had to leave the profession that he loved. His unwarranted and erroneous journey through the legal system at that time was significant for the length of time that he was held on remand. In today's terms, it would represent a very serious sentence. Lord Morrow made that point in the previous Adjournment debate.

Through my numerous meetings with Colin, he has stressed that all he seeks is to be fully recognised as innocent and for the ordeal that he was put through to be appropriately addressed. That has always been the position, and it is one that I fully support.

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

When anyone looks at the facts of Colin's case, they see that it is very clear that, of course and importantly, whilst Lord Justice Kelly acquitted him in the first instance, he had already served a lengthy period on remand. What is obviously concerning for him is that those who were convicted and then had those convictions overturned then qualified for compensation and were duly awarded it. I made the point in the House back in June 2011 that the process of exoneration and compensation in the instances of those convicted and then acquitted was much more public, much more publicised and much more conclusive in getting closure for the accused. Colin has never had a sense of closure. That is the crux of the issue and the injustice that our Justice Minister should move to put right for Mr Worton.

The previous Adjournment debate —

Jim Allister (Traditional Unionist Voice, North Antrim)

Will the Member give way?

William Irwin (DUP, Newry and Armagh)

I will, yes; OK.

Jim Allister (Traditional Unionist Voice, North Antrim)

I think the Member puts his finger on the perverse inequity at the heart of the matter, which is that Mr Worton is effectively being punished by being denied compensation because he was acquitted at an early stage, whereas, if his trial had run its full course and he had been convicted and then acquitted on appeal, he would have qualified for the statutory scheme. However, because on judicial direction, the case being so weak, he was acquitted at an early stage, he is being denied compensation, yet he spent the same 30 months in prison as his co-accused. Is it not the Justice Minister's failure to address that inequity and to bring justice to the case that really is the ongoing scandal?

William Irwin (DUP, Newry and Armagh)

I thank the Member for his intervention, and I agree fully with him.

The previous Adjournment debate was important for establishing the views of the Justice Minister, David Ford, and it included useful debate between Members, including those with experience of law.

Given that the Justice Minister has the necessary authority under our devolved Assembly institutions to respond to the case, Mr Ford, at the time, pledged to reassess Colin's case and gave assurances to fully take on board the contributions made by Members in the House on 21 June 2011. Those contributions, by and large, supported the case for redress to be made by the Minister. The Minister responded to Mr Worton on 28 October 2013 stating that, after a thorough review of the case, Colin was not eligible for the ex gratia scheme. I ask the Minister to tell the House today whether he believes that Colin Worton has been completely exonerated of any wrongdoing in the murder of Adrian Carroll.

In revisiting this important case, the main thrust of the motion is a request to the Justice Minister to further consider Colin Worton's case, thereby acknowledging the ongoing circumstances affecting Colin, and to move to exercise his discretion to get redress for Colin in light of the significant ordeal he has come through. With this firmly established, I am concerned that the Minister, through the amendment tabled by his party colleagues, has clearly signalled that he is closing the door on any possibility of discretionary redress. That, I believe, sends a very poor signal to Colin and is an unfortunate contribution from the Justice Minister's party. The amendment runs against the grain of the goodwill that was generated in the previous Adjournment debate. Alliance Party Members have sought to make an amendment that, in effect, would end any chance of future liaising between Mr Worton and Mr Ford. I must say that I find that unhelpful.

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

There is merit in the Justice Minister redoubling his efforts to seek redress for Colin, and those should be especially directed at the manner in which the confession was obtained in light of the words of Justice Kelly in rejecting the confession as inadmissible. The following quotation is on the record of the Chamber, and it is worth repeating it today to set in context the basis of the case for redress for Colin. Mr Smyth QC stated that Colin's statement:

"had been induced by the detectives at Castlereagh by a trick which embraced threats and dishonest promises and oppressive and unfair means."

Colin remains firmly of the view that the methods used in his interview did indeed represent a serious default on the part of the police. This tallies with the findings of Lord Justice Kelly when, in rejecting the evidence before him, he said:

"the assurance of a fair trial includes the right to be protected from evidence which might have an unreliable effect on the result of the trial."

In the letter to Mr Worton of 28 October 2013, the Justice Minister confirmed that he had reviewed the case under the ex gratia scheme and, importantly, in the realm of exceptional circumstances, which included the suggestion of serious default by the police. The conclusion reached by Mr Ford that he continues to be ineligible for compensation remains a source of great concern for Colin. I appeal again for the Justice Minister to look again at the case. I take the opportunity to go further and ask him to use this very serious example as a basis for improving the criteria and guidelines under which the scheme is operated.

The word "inability" is used in the amendment. However, in the letter to Colin of 28 October 2013, it is stated clearly that responsibility for Mr Worton's application was transferred to the Department of Justice on devolution. It is therefore the case that the Justice Minister has ability in this regard, and the motion urges him to use that ability to reach a satisfactory and deserving conclusion for Mr Worton.

It is an unacceptable state of affairs in the outworking of justice that someone who is held for so long with such notable negative effects, lasting over 30 years, cannot find redress. I respectfully put the motion to the House in the hope that the wrong can be righted.

Stewart Dickson (Alliance, East Antrim)

I beg to move the following amendment:

Leave out all after "further notes" and insert "the previous comments of the Minister of Justice that Colin Worton was found by the proper authorities of the law to be not guilty of any crime associated with the death of Adrian Carroll; and concludes that the inability of the Minister of Justice to provide compensation in no way undermines Mr Worton's innocence.".

I think, like most people, we will have real sympathy for the experience of Colin Worton. It is deeply regrettable that he was ever placed in this position. I have spoken to the Minister of Justice at length on the issue. His Department has looked at the case from a wide variety of angles and with appropriate advice. Indeed, there was a review of it following the evidence of the Historical Enquiries Team (HET). However, unfortunately, it is simply outside the Department of Justice's abilities to provide compensation for Mr Worton because he was never actually convicted of a crime. I trust that the Minister will further develop on this detail. However, it is at the very heart and crux of the matter that Mr Worton is not eligible for compensation because, unlike the three others convicted at trial in that case, he was acquitted. It is for that reason that I propose the amendment to the motion today:

"that Colin Worton was found by the proper authorities of the law to be not guilty of any crime associated with the death of Adrian Carroll; and concludes that the inability of the Minister of Justice to provide compensation in no way undermines Mr Worton's innocence."

The Minister of Justice cannot provide compensation to Mr Worton as he has, I believe and understand, not the means to do this. However, the House can clearly and unequivocally state that, although the Department of Justice is not in a position to provide compensation, it remains plainly the fact that Mr Worton has been acquitted of the murder of Adrian Carroll, something that we must clearly highlight.

Jim Allister (Traditional Unionist Voice, North Antrim)

Will the Member give way?

Stewart Dickson (Alliance, East Antrim)

I will, yes.

Jim Allister (Traditional Unionist Voice, North Antrim)

Will the Member not acknowledge that the Minister, being the Minister, would have the power to revise the statutory scheme and bring to the House revisions to the scheme that would meet the inequity that Mr Worton has been subjected to? Instead of hiding behind the existing statutory scheme, why do the Member and the Minister not set about revising the statutory scheme to bring Mr Worton within it?

Stewart Dickson (Alliance, East Antrim)

I hear what Mr Allister says, and, indeed, my next line will perhaps explain my difficulty in answering him. I am neither a barrister nor a lawyer, and I recognise that this is a complex, unfortunate and troubling case. I am sure and am convinced that the Minister of Justice will look at all the avenues and explore every aspect in respect of this case and other cases that have similar legal complexities attached to them.

Arlene Foster (DUP, Fermanagh and South Tyrone)

Will the Member give way?

Stewart Dickson (Alliance, East Antrim)

I would like just to finish, thank you.

I trust that today's debate can bring comfort to Mr Worton. I genuinely hope that it will do that. I wish to repeat the words that I said earlier: Mr Worton was found to be not guilty by the proper authorities of the law. On that basis, I hope that other Members will join me in supporting the amendment and recognise that, while the Minister cannot provide compensation to Mr Worton, we can all speak with one voice when we acknowledge that Mr Worton has not been convicted of any crime relating to the murder of Adrian Carroll.

Raymond McCartney (Sinn Féin, Foyle)

Go raibh maith agat, a LeasCheann Comhairle. I want to begin my remarks by extending my solidarity to the family of Adrian Carroll. As we have said many times, I am sure that a debate such as this reminds the family of the trauma and grief that they are experiencing. I am a bit perturbed that the proposer of the motion did not acknowledge that family in any way, but that follows the trend from the Adjournment debate in 2012, when not one Member from the unionist parties acknowledged the family at the heart of this. Perhaps they might have the good grace to correct that today.

The motion asks that the Assembly:

"notes the miscarriage of justice in the case of the UDR four".

Then the proposer came to the Floor and did not mention that case, except for Colin Worton, who was not designated by the campaign as one of the UDR four. It amazes me that a person stands convicted, yet the proposer of the motion made no case for why that is a miscarriage of justice.

There is a case to be made that Mr Worton should be considered for compensation, and I will return to that. As I have just pointed out, the motion is framed in a particular way. Perhaps if the supporters of the motion had come here today and said that this case bore all the hallmarks of many cases that passed through Castlereagh and the Diplock courts, we would be having a different debate with a different outcome. Therein lies the problem for us. Those who tabled the motion are trying to paint the scenario that this was somehow the only miscarriage of justice that went through the Diplock courts — far from it, and we have to address that as well.

That is against the backdrop over the last number of years, almost monthly, of cases that were referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC) being overturned by that court, and the trial in that court pointing out abuses by the RUC, the British Army and, indeed, in times gone by, the PPS, yet those who tabled the motion take no recognition of that at all. I think that, in these types of cases, you have to be able to say that, if the process was flawed then, the outcomes, on many occasions, were also flawed. The motion does not address that in any way, which is why we cannot support it.

I turn to the case of Mr Worton. I think that you can accept that there is a case to be made. Here was a person with regard to whom the courts accepted that the RUC abused its power. That led to a man being tried and acquitted, but he was not compensated. If you accept that, you also have to accept that it is a universal principle. Many, many other cases went through the court system in which people were acquitted, and the trial judge pointed out that there were abuses by the RUC, yet those people were told that there was no legal redress. Indeed, I refer to one case in which the witness was an agent of the state. The trial judge called him a liar and said that he was unworthy of belief, fabricated evidence and was encouraged by the RUC to fabricate evidence against people. All those people were acquitted in the first instance, yet not one of them received any compensation. They were told that they were not permitted to do so legally.

Mickey Brady (Sinn Féin, Newry and Armagh)

Will the Member give way?

Raymond McCartney (Sinn Féin, Foyle)

I will indeed.

Mickey Brady (Sinn Féin, Newry and Armagh)

Will the Member consider that there are many cases of people who should be compensated who are not currently provided for under the law?

Roy Beggs (UUP, East Antrim)

The Member has an extra minute.

Raymond McCartney (Sinn Féin, Foyle)

That is an excellent point, and we should address it here today. I firmly believe that the Members who raised this issue are absolutely content that this was a miscarriage of justice. If you accept that, you also have to accept that there are other similar cases in which people have not been given any legal redress or compensation.

Maurice (DUP, Fermanagh and South Tyrone)

I thank the Member for giving way. He said that his party finds that it cannot support the motion, and he cites that, potentially, there are others who suffered in the same way. Surely accepting the motion in relation to Mr Worton does not diminish the cases of others if they are out there. Surely to goodness, he can support what is being said in today's motion because we are dealing with a particular case. That does not preclude any Member coming to the House with other cases.

Raymond McCartney (Sinn Féin, Foyle)

That is a fair point, which we would accept if the first clause of the motion had not been in it. The Assembly is being asked to accept:

"the miscarriage of justice in the case of the UDR four".

A person stands convicted in that case. I did not hear those who tabled the motion make any case for that being overturned. That is why we cannot support it. They did not come here today and say that torture happened wholesale in Castlereagh and that there were Diplock courts. Indeed, I refer to Mr Allister's insight at that time, when he said that the trial judge in this case took no prisoners. That is a good commentary on that particular time because that is what judges did then: they took no prisoners. They accepted the word of the RUC wholesale, but case after case, including this one, showed that there were torture techniques and malpractice in Castlereagh and that the Diplock courts were all too willing to accept it.

I accept that Mr Worton should be considered for compensation, but, if you accept that, you have to accept that it is a universal principle. There are other people. We cannot support the case of the UDR four being considered a miscarriage of justice.

Roy Beggs (UUP, East Antrim)

Will the Member draw his remarks to a close?

Raymond McCartney (Sinn Féin, Foyle)

The proposer did not try to enlighten us as to why that should be when a man stands convicted in that case.

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

In speaking to today's motion, I am very mindful indeed of the family of Adrian Carroll, who, no doubt, still mourn his loss deeply. It is unfortunate that, as we talk about matters of the past, we often reopen the wounds for the families who are left behind. We have to be very mindful of that in any such debates.

It is also right to be mindful of the fact that many in the UDR lost their lives in circumstances in which they were going about their ordinary jobs elsewhere and were murdered in a very cowardly fashion. However, other members of the UDR took part in and were convicted of the murders of innocent civilians. I am sure that many Members agree with me that they were a disgrace to the uniform.

The case of the UDR four was always very sensitive and prominent in terms of the many murders of the past. As others have said, we have previously debated the case of Colin Worton, who seems to have had a rather peculiar set of circumstances in which he found himself to be ineligible for compensation for the time that he spent on remand. The trial judge, and indeed at other appeals, and the people examining his evidence all agreed that he was a very vulnerable person. That should have been picked up. There were early warning signs during his questioning by the police that he was a vulnerable person, and indeed evidence was submitted by the psychologist to confirm that that was the case. Therefore, one has to ask why, under the European convention, he was not afforded a responsible adult to be with him during that period of questioning. That is a point that Mr Worton, in my discussions with him, said that he wants to have noted. I ask the Minister to reflect on that.

Indeed, Mr McCartney is right about other people who have spent time on remand, given the miscarriages of justice littered across the past. That is why the SDLP sought not only the reform of the police but also that of the judicial system, so that people would have confidence in it. So what if it opens the floodgates? If people spent time on remand, away from their families, their names dragged through the mud, they are entitled to a form of compensation. Society should reflect on that, particularly in cases where the evidence against them was so poor and was —

Raymond McCartney (Sinn Féin, Foyle)

Will the Member give way?

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

Yes, I will.

Raymond McCartney (Sinn Féin, Foyle)

Should that be extended to all those who were interned without trial, never mind a case that —

[Inaudible.]

?

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

Absolutely. I have represented people who were interned without trial and who now suffer respiratory problems because of the damp and dismal conditions that they suffered under and lived in. We have no qualms about supporting such a cause. We will not go into those days in total; I want to deal with the case of Colin Worton because I know that it is one to which the Justice Minister has, in fairness, given lengthy consideration in the past, as have Secretaries of State.

Perhaps, as the parties labour over how we deal with the past, this is an element, given the miscarriages of justice, that should be included in the talks on the Stormont House Agreement.

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

I thank the Member for giving way. I agree with her that support for Mr Worton's case in no way diminishes our sympathy for the Carroll family and the great loss that they have suffered. Has the Member noted that there is a wide range of support for Mr Worton from the leaders of the main Churches; British Irish Rights Watch; the Victims' Commissioner; the Irish Department of Foreign Affairs and Trade; and the Northern Ireland Human Rights Commission, as well as substantial cross-party support in this House?

Roy Beggs (UUP, East Antrim)

The Member has an extra minute.

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

Thank you, Mr Deputy Speaker. I was not as aware as the Member of the lengthy list that he set out. It shows how many people have considered the vulnerability of Mr Worton in terms of his acquittal and the initial charging. That stands as testimony to how he, personally, feels so obliged and hurt by how he has been treated — or mistreated — by the judicial system and how he still maintains, despite all the assurances by repeated Secretaries of State, the Justice Minister and this House, that he should be regarded as innocent. He very clearly feels that he has not yet been vindicated or his name fully cleared. Recognition should be given to the length of time that he served on remand. The SDLP supports the motion.

Danny Kennedy (UUP, Newry and Armagh)

I welcome the opportunity to speak in the debate. I do so as a constituency representative for Newry and Armagh, and someone who has had involvement and more than a passing knowledge of this case and the personalities involved.

This has been a long campaign for justice, not only for the UDR four but for Mr Colin Worton, who is our focus today. There is no doubt that Colin Worton is an innocent man, but the justice system has not served him well, and he has suffered as a result. I pay tribute to Colin Worton for his doggedness and for how he has pursued the issue. I also pay tribute to his wife and family — his elderly mother in particular — who have supported him in his attempts to obtain justice.

The origins of the case, which became known as the case of the UDR four, have been well documented and acknowledged as a miscarriage of justice. The individual, Mr Colin Worton, was held on remand for 30 months between 1 December 1983 and 30 May 1986, when he was acquitted after Lord Justice Kelly ruled that his statement, which was the only evidence against him, was inadmissible. Mr Worton has been seeking not only justice but compensation since 1992 and has thus far been unsuccessful.

Whatever the legal niceties, the fact remains that he has been denied justice. I have lost count of the number of meetings that I have attended with Colin Worton and members of his family. We have met senior politicians, Secretaries of State, important public figures, such as the Police Ombudsman and human rights commissioners — Monica McWilliams and others — to put forward the case. It was clear in all the many meetings that no one disputed the innocence of Colin Worton. Indeed, the Justice Minister acknowledged that in the House in a previous debate and, in part, acknowledges it again in the Alliance Party amendment. However, I believe that the amendment is flawed because it effectively rules out any potential further action on the issue of compensation for Colin Worton. In listening to the Justice Minister's response, I will be interested to hear how he proposes to address that.

There has been a huge impact on Colin Worton, his life and his family lifestyle.

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

I thank the Member for giving way. The ex gratia compensation scheme, which was operated by successive Governments up until 2006, as I understand it, still applies to Mr Worton, and it is within the terms of that ex gratia scheme that the Minister of Justice, as the successor in title to the Secretary of State, can exercise that discretion. That is the nub of the matter. Does the Member agree?

Roy Beggs (UUP, East Antrim)

The Member has an extra minute.

Danny Kennedy (UUP, Newry and Armagh)

I thank the Member. I am conscious of his legal background, so I will be interested in how the Minister of Justice addresses his point later in the debate, in addition to the point made earlier by the Member for North Antrim Mr Allister.

Colin Worton's life has been dominated, unfortunately, by a set of circumstances beyond his control. He deserves and is entitled to proper and fair justice and, indeed, to fair compensation for what he has endured. He is also entitled to an apology and to have his good name restored.

The political and legal systems have managed to find a way of releasing prisoners early. They have managed to exercise the royal prerogative of mercy in some extremely dubious cases for even more dubious individuals. They have even managed to devise literally hundreds of get-out-of-jail-free letters to hand out to so-called on-the-runs. There is no doubt, however, that the justice system has failed Colin Worton. I urge the Justice Minister, even at this stage, to exercise his discretion and prove that common sense and fairness still have a place in the justice system of Northern Ireland.

Edwin Poots (DUP, Lagan Valley)

The Colin Worton case has been ongoing for many years, as has the issue around the UDR four. At the outset, I will say that all our sympathies are with the Carroll family on the murder that took place. Murder is always wrong. The position of our party is that all murder is wrong. It was never justified in any circumstance. I do not need to be prompted by Sinn Féin on when I need to express my sympathies to anyone. We stand totally with that family on the loss of their son. It should never have happened. It was wrong and they deserve the support of the public.

They also deserve justice, and justice will be done when the people who committed that murder are brought before the courts of law and found guilty of having carried out that crime. Colin Worton was not one of those people but was an innocent man who was drawn into this and held for two and a half years although there was not the evidence to support a conviction. Colin's desire to have his name cleared conclusively is something that he holds very strongly. Everyone recognises the man's innocence, but we want to see more done on that front. We would also like Minister Ford to take a look at the circumstances of the case.

I listened to the debate between Ms Kelly and Mr McCartney, and I do not think that we would be supportive of throwing the doors open for every single person who was held for a period of time to receive compensation. The nature of justice is that people are brought before the courts on the basis of evidence that is before them and the Public Prosecution Service has a course of work to do in demonstrating that there is likely to be a conviction. I do not believe that that course of work was well applied in the case of Colin Worton, and, therefore, the circumstances are different from the discussion that took place between the two aforesaid Members, which would open the doors in a way that would lead to hundreds of millions of pounds in compensation having to be paid.

I think that Minister Ford has the ability to look at this, consider the ex gratia payments that Mr Maginness referred to and give proper reasoning and understanding to any compensation that could be paid to Mr Worton. Our sympathies are with him on what he has had to endure and the damage it has done to his life as a consequence. Indeed, it is the same for the others who were found innocent of the crimes committed against Adrian Carroll. They served many years in prison. They have had the opportunity to move on; Mr Worton has not, and our plea to the Minister of Justice is that he gives Mr Worton that chance to move on with the rest of his life.

Sean Lynch (Sinn Féin, Fermanagh and South Tyrone)

Go raibh maith agat, a LeasCheann Comhairle. I oppose the motion. Like other Members said, our thoughts should be with the Carroll family, some of whom I know personally.

There are two aspects to this motion: miscarriages of justice and Mr Worton's case for compensation for the period he spent in prison. Whilst we have sympathy with Mr Worton as he was acquitted of the charges on the basis that the only evidence against him was a statement he made in Castlereagh holding centre, might I add that, in that respect, Mr Worton's case is similar to hundreds of other cases. I do not accept Mr Poots's statement that this should not be opened up to all cases. I believe that it should.

I question the methods of obtaining statements from Mr Worton. The methods that the police employed in Castlereagh and other holding centres were highly questionable during this period. Human rights organisations often criticised the police for obtaining statements under duress. I know many people who experienced degrading and threatening behaviour whilst in custody. Rather than focusing on one case, it would be better if the sponsors of the motion had called for legislation to deal with all cases of this nature.

The motion states:

"This Assembly notes the miscarriage of justice in the case of the UDR four".

It must be remembered that one person was convicted of Adrian Carroll's murder. Miscarriages of justice arise from the criminal justice system of that time — a system that my community had little confidence in. Human rights organisations accused courts of turning a blind eye to dubious police interrogation practices, which routinely led to a conviction, in the shape of a confession, not to mention the dark periods of the paid perjurer era.

More recently, the blight of the miscarriages of justice has raised serious concerns about the judicial system, with the quashing of many convictions from that period. An article in a modern law review recently explored the neglected area of miscarriages of justice and suggested that they may be much more extensive than previously realised and that the level of appeals for wrongful convictions is low. However, it said that that is not a reliable indicator of justice served. The article quotes a figure of over 300 such cases that could be reviewed.

To conclude, a Cheann Comhairle, as my colleague Raymond McCartney said, if the motion had been framed in another form that sought the review of all miscarriages of justice as a result of the criminal justice system, which included dubious interrogation methods and the role of the Diplock courts, we would have supported it.

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

I know that in his campaign for the pursuit of justice, Colin Worton has been persistent and, indeed, courageous. However, if he were permitted to speak here today as a Member, he would also say that he is committed to justice for Adrian Carroll. I think that that is an important thing to remember in the circumstances of this man's case and of his suffering. He did suffer. He was held in custody for 30 months, which, if he had been sentenced to five years, is the equivalent of five years' imprisonment. So, the extent of time in custody for a crime that he clearly did not commit gives rise to a very serious case of injustice. I think that all of us in the House should be supportive of his campaign, no matter about the generality of other issues with which I have great sympathy as a lawyer and as someone who has pursued in my political career human rights justice and fairness for everybody, irrespective of where they come from in this community.

Unlike those who were convicted in the UDR four case and then acquitted, Mr Worton is unable to obtain compensation under section 133 of the Criminal Justice Act 1988. Therefore, he is thrown to the discretion of the Secretary of State — in this instance, its successor in title, the Minister of Justice — to decide whether he is entitled to compensation.

It seems clear from Mr Justice Treacy's judicial review that the central part of the exercise of that discretion is that the relevant Minister has to be satisfied that it resulted from a serious default on the part of a member of the police force or some other public authority.

That, I believe, is the essential criterion involved in this case.

Arlene Foster (DUP, Fermanagh and South Tyrone)

Will the Member give way?

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

Yes, indeed.

Arlene Foster (DUP, Fermanagh and South Tyrone)

I accept entirely what the Member says in relation to the serious default, but does he also agree with me that the judgement then goes on to say that there may be exceptional circumstances that may justify compensation? For me, there are actually two parts to that: there is the serious default element — I believe that the case falls within the serious default element — but I also believe that there is a case to be made in respect of the exceptional circumstances part as well.

Roy Beggs (UUP, East Antrim)

The Member has an extra minute.

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

I accept that point, and I am grateful to the Member for highlighting it. It is important, during the debate, to reflect on that carefully, and I think that the Minister of Justice should reflect on that and reflect on it carefully. Where I disagree with the Member, if I heard her correctly, is that she does not believe that there was serious default in this instance. I think that there was serious —

Arlene Foster (DUP, Fermanagh and South Tyrone)

I said yes, there was.

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

You accept that; thank you for that clarification. There are really two grounds: one is a wider ground, which is exceptional circumstances, and the other is serious default. What I cannot understand is this: in the totality of the circumstances of the case, where three of the UDR four were acquitted by the Court of Appeal on the ground that there was manipulation or rewriting of the confession statements, it seems to me that that represents or could represent serious default. It may well be said, "Does that affect the case of Mr Worton?". I think that it does, because you have to take the case in its totality. I do not think that you can segment the case and say, "Well, this only applied to Mr Worton. What happened to the other defendants in the case is irrelevant". I do not think that you can do that. I do not think that you can segment it.

In addition, in Lord Justice Basil Kelly's judgement there is sufficient to come to the conclusion that there was serious default. Central to that judgement was the fact that there was a vulnerable young man being questioned by the police and all sorts of things were happening, things that Mr Justice Kelly described as bizarre things — bizarre allegations and so forth. If you take those things in the round, that, in itself, comes to serious default, but, if you add the position in relation to the other defendants together with the position in relation to Mr Worton, you have grounds for serious default or, alternatively, exceptional circumstances. That should be applied in this case.

I will conclude there and simply say that we support the motion. It is important that we pursue this with vigour and that the Minister of Justice exercises his discretion positively in favour of Mr Worton.

Jim Allister (Traditional Unionist Voice, North Antrim)

There has to be something compellingly absurd and fundamentally wrong about a situation where it would have served a man better to be convicted than to be acquitted. That really is the essence of Colin Worton's case. If he had been convicted like co-accused and subsequently acquitted on appeal, we would not be having this debate, and he would have had the statutory compensation to which he would have been entitled. However, because the case was so weak against him that it was stopped at the halfway point by Lord Justice Kelly and, on direction, he was acquitted, he is said to fall outside the statutory scheme. Even though he served precisely the same 30 months as co-accused had served, they, for that and further time, are compensated, but he is denied compensation. That is so absurd, and it is so wrong that any Minister should be stretching to the nth degree the regulations and the guidance to meet that outrageous situation.

The situation is compounded by the tone and content of what Lord Justice Kelly said in acquitting this man. He said that it was not just a matter, in his discretion, of excluding the alleged confession and added that, even if he admitted it, he could not give any weight to it, so bad was the situation. How, in those circumstances, a previous Secretary of State and this Justice Minister could reach the conclusion that there is no serious fault on the part of those who produced that scenario is beyond me.

Mr Maginness was absolutely right to say that there is serious fault to bring Mr Worton within the statutory scheme, as well as the ex gratia or exceptional circumstance aspect. It really is a running sore for not just Mr Worton but the whole sense of justice in this community that this man for so long has been denied what has been available to others who faced, we would have to say, stronger cases, in the sense that they were initially convicted, than he ever faced, yet he spent all that time in custody. It cries out for a remedy.

We are told often that devolution is about being caring, local and bringing solutions where uncaring direct rule Ministers did not bring solutions. Sadly, in this case, the local Minister has made no difference. It is an indictment of the House and the system that something crying out for a solution has been denied one. Therefore, I strongly support the motion and reject the amendment because it seeks to pull the teeth of the motion.

I apologise to the Minister and the House that, because of another compelling requirement, I cannot stay further, but I thank you, Mr Deputy Speaker, for using your discretion in calling me.

Christopher Hazzard (Sinn Féin, South Down)

Go raibh maith agat, a LeasCheann Comhairle. I oppose the motion. It is very unfortunate that the proposer, along with so many people, did not make reference to the loss that the Carroll family had to endure and will still be enduring when they hear of this debate. I do not think we should view justice for Colin Worton through a separate prism from that of the Carroll family. That has been alluded to but, unfortunately, it has happened. It was pointed out by my colleagues that, while we heard at length about Colin Worton and the apparent miscarriage of justice in his case, there has been absolutely no reference by the proposer or any of those in support of the motion to its first sentence regarding the miscarriage of justice for the UDR four. That fault lies at the very heart of the motion, and it is why we cannot support it.

As was also pointed out, there needs to be a universal analysis of miscarriages of justice. Mr Allister just talked about a running sore: this is one of hundreds of running sores. We cannot simply look at one; it is not an isolated case. Hundreds of people have been victims of police brutality, degradation and very often torture in detention centres such as Castlereagh.

Maurice (DUP, Fermanagh and South Tyrone)

Will the Member give way?

Christopher Hazzard (Sinn Féin, South Down)

No, I will not give way on this. Colin Worton's case is a window through which we can look at the entire rotten lot: a wholly flawed judicial system at times, including Diplock courts, police brutality and intimidation, when people's vulnerabilities were pressed on by what can only be described as bullies in darkened rooms. That is something that human rights organisations, Church leaders and everybody else have flagged up, so to simply pinpoint one case and say that it is all we will look at and all that deserves treatment is wrong.

Of course we have sympathy with Mr Worton. I was not alive when the case first raised its head, but, looking back at the files and the information, you can only have sympathy for what Mr Worton has gone through. It is not an isolated case, but it provides a window that we need to look through.

We need to shine a light on the whole lot if we are to afford justice to everybody who has suffered such miscarriages of justice. I will not support the motion or the amendment.

David Ford (Alliance, South Antrim)

Let me begin by stressing that, at the heart of all our discussions about Colin Worton and the UDR four's case, is one important fact that is not in dispute: Adrian Carroll was murdered on 8 November 1983. Every time we discuss the issue, we add to the burden that his relatives and friends bear from that dreadful time. I have no doubt that this debate will create difficulties for them, as, indeed, it will for Colin Worton and his family.

The murder trial took place in 1986. Let us remember that, after exhausting the judicial process, one man, Neil Latimer, served 14 years before he was released under the Good Friday Agreement. Three others — Noel Bell, James Hegan and Winston Allen — were convicted but had their convictions quashed in 1992.

Jim Allister — I acknowledge that, unlike some others, he at least apologised to me and to the House that he would not be here for my speech — said that Colin Worton had served the same time as the other three: he did not. He served the same time pre-trial as the three who were convicted and had their convictions quashed. They served a period post-conviction, and that is the basis for the compensation scheme.

In Colin's case, the trial judge had first to decide whether to admit the only evidence that was put forward against him: his confession. After thorough consideration, with detailed oral evidence from Colin, the police and expert witnesses, the judge concluded that that confession should not be admitted. He did, however, conclude that there was nothing improper in the police questioning of Colin Worton. That point was reconsidered in the judicial review of the Secretary of State's decision to refuse compensation, which was held in February 2010. Unlike the four co-accused, Colin Worton was not convicted, as many have said: he was acquitted at the initial trial. He is innocent in the eyes of the law, but being innocent in the eyes of the law is not the test that applies for compensation in this jurisdiction or elsewhere in the UK. He was released immediately and returned to serve in the Ulster Defence Regiment for the remainder of his contract.

Mr Worton was held in custody for two and a half years awaiting his trial. It is fundamentally important that those charged with crimes should be held in custody only when it is absolutely necessary, that their continuing remand is periodically tested and reviewed and that they be brought to trial without undue delay. Delays in delivering justice are always deeply regrettable, which is why an extensive programme aimed at speeding up justice is now in place.

The motion specifically calls for me to provide redress for Mr Worton. I am aware that he has sought financial compensation for many years. Prior to the devolution of justice, several Secretaries of State considered his case on a number of occasions and concluded that he did not meet the criteria for either of the compensation schemes that were then in place. Following devolution, I first met Colin to discuss his application in October 2010. I explained to him the factors that lay behind the previous decisions and that I would necessarily have to give regard to the same eligibility criteria as those behind the consideration of compensation by the Secretaries of State. However, I said that I would certainly look at the decision, particularly in light of any new material being available. In particular, I wanted to consider any relevant material from the Historical Enquiries Team's report on the murder of Adrian Carroll. Following receipt of that report, it was confirmed that the review did not provide any new information relevant to Colin’s case.

As I promised, I explored all aspects of the case and had no legal option but to refuse his claim for compensation. I met Colin on 17 April 2013 to confirm my decision with him in person and to explain the reasons for it. The key issue is this: the statutory compensation scheme applies only to people who have been convicted. Although Colin spent two and a half years on remand, he was not convicted by the court, unlike the four men who were tried with him. Compensation is not available on the basis of a charge dropped or an acquittal secured. If that were the case, every failed prosecution could attract an award. Last year alone, my Department would have been responsible for compensating over 2,000 adults who were acquitted by the courts in Northern Ireland. I simply cannot provide compensation to Colin Worton without changing the entire basis of the scheme as it applies across the whole of the UK.

While an award under the statutory scheme was clearly not available, I also explored whether an ex gratia payment of compensation would be appropriate. An ex gratia scheme operated prior to 2006, as other Members have said, but it was closed to new cases from that year on. Nonetheless, I considered whether an exceptional case could be made for making an ex gratia payment in line with the terms of that previous scheme. However, my review concluded that Colin's case also failed to meet the criteria for the ex gratia scheme. The fact that Colin had challenged the Secretary of State's refusal by judicial review but was not successful was an important factor that I had to consider. The judge agreed that the requirements of the ex gratia scheme had not been satisfied. I also consulted the Department of Finance and Personnel to determine whether there was any scope to make an ex gratia award. However, I had no evidence to present to DFP that might help to justify the payment of such an award. DFP was unable to provide approval, as Colin did not qualify for the statutory scheme, and there was insufficient justification to provide an ex gratia payment, as the Department was not at fault.

Shortly after our meeting in 2013, Colin submitted an FOI request and was provided with copies of all the information held by my Department relating to my deliberations of his case and his claim for compensation. Colin's solicitor then contacted me, asking me to provide adequate reasons for Colin to understand how I had arrived at my decision. I trust that the response to that letter provided Colin and his lawyers with all the information that he required to conclude that I had made a careful and detailed consideration of all the relevant aspects of his case before making my decision. Colin had the right to apply for a judicial review and ask the court to review my decision, but he did not do so.

The general principle behind any payment of compensation is to make reparation where the normal machinery of justice has demonstrably failed the accused person. In Colin's case, the due process of law occurred, and he was acquitted at first trial. From my discussions with Colin, I very much recognise the pain and hurt that he has described to me, and I was happy to state publicly in the Assembly for the comfort of Colin and his family that there was no stain on his character: he was acquitted by the court. I am happy to restate that today, for the benefit of the House and others: there is no stain on Colin Worton's character; he was acquitted by the court.

I appreciate that my decision to refuse compensation was disappointing to Colin, but I repeat that I have given careful and detailed consideration to all the relevant aspects of the case. Colin has been provided with all the papers held relating to the information that I considered as part of my deliberation, and my decision has been explained fully to him in person and in writing. I therefore have no further avenues to explore in the case. I appreciate that that is not the answer that Colin and many in the House, including most of those who have spoken today, want, but I hope that the House will understand that the matter has been considered fully by me and that, unless new evidence is available, it is not possible for me to reconsider the case. I cannot, therefore, accept the motion.

References were made during the debate to the discretion of the Minister. The discretion of the Minister is not to pick and choose individual cases as he sees fit; it has to be discretion within guidelines that is applied uniformly in all appropriate circumstances. Whatever sympathy we may have as individuals, there is no ministerial pick-and-choose discretion in that respect. Danny Kennedy said, "whatever the legal niceties": I am very sorry, but, as Minister of Justice, I have to adhere to the legal niceties. As a private individual, I may have sympathy for lots of people in different cases, but, as Minister, I have to go with the legal niceties.

Danny Kennedy (UUP, Newry and Armagh)

I am grateful to the Minister for giving way. Use of the term "legal niceties" is one thing, but, fundamentally, there remains a question for the Minister to answer: is he prepared even to consider some legislative amendment that will provide the opportunity to correct the clear injustice to Colin Worton? Is the Minister open at least to exploring that today, given that a large majority of Members have indicated their support for the cause and case of Colin Worton?

David Ford (Alliance, South Antrim)

I thank Mr Kennedy for his point. I must confess that I did not realise that he could read my handwriting over my shoulder as effectively as he has done.

The issue of whether there would be a different scheme is one that the House may wish to consider, but it has to consider it in the context of what is being done to deal with the past under the Stormont House Agreement. It is not something — this is a point that Mrs Kelly made — that could be introduced solely for one or two difficult cases, and it is clear that there is no immediate and easy consensus in the House on that point.

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

I thank the Minister for giving way. I understand what the Minister says about legal niceties and so on and support him in that, but at the nub of this is whether the Minister can exercise his discretion. I believe that he can exercise his discretion positively by looking at the circumstances of the Worton case and coming to the conclusion that there was serious default by the police. Are you suggesting to the House that there is no substance in that proposition?

David Ford (Alliance, South Antrim)

I appreciate the point that Mr Maginness makes, but my advice, on the basis of the remarks made by the trial judge that there was no improper behaviour on the part of the police and on the basis of the decision in the judicial review relating to the Secretary of State's previous refusal to award compensation, is that it is not possible to make that case of serious default. That is why, having explored all the information that has been put before me in the almost five years since the case was raised with me, I do not believe that there is discretion open to me.

Arlene Foster (DUP, Fermanagh and South Tyrone)

Will the Minister give way?

David Ford (Alliance, South Antrim)

I will give way.

Arlene Foster (DUP, Fermanagh and South Tyrone)

If one looks at the judgement in the judicial review case, one sees that it is a very narrow judgement. It looks at whether the Secretary of State had the right to exercise or not exercise his discretion. The judge is not saying whether he believes that there was a serious default or whether there were exceptional circumstances, because that is for the Secretary of State at the time to determine, not the judicial review judge. I argue very strongly that it is still within your discretion as Minister of Justice to deal with the case.

David Ford (Alliance, South Antrim)

I appreciate Mrs Foster's point, but my advice is that the remarks at the initial trial were that, even though he rejected the statement by Mr Worton, the judge did not state that there was improper behaviour on the part of the police. That would have been a serious point. The precise details of that are difficult for us to get to almost 30 years on, but that was part of the information that was put to me. That is where I believe that, if we are to look at something that will provide compensation for Colin Worton, it is an issue that the House will have to address within the Stormont House Agreement discussions, looking at wider issues of the past and recognising that it would take into account a very significant number of cases. There would also be the significant issue of the retrospective effect of legislation, which is not something that the Department of Justice could promote unless it was done in the context of wider arrangements for looking at the past. That is why I believe that it is not possible, with all the information that has been placed before me, to provide specific, individual compensation for Colin Worton at this stage. That is why I believe that the amendment moved by my colleague Stewart Dickson accurately reflects the position as it stands today, and that is why I believe that the amendment is a more accurate reflection of the position than the motion. I cannot support the motion as it stands.

Stewart Dickson (Alliance, East Antrim)

I do not intend to take a great deal of time, other than to remind the House once again that there are two families today who are living through this debate. There is the family of Adrian Carroll and the family of Colin Worton and, indeed, Colin Worton himself.

By way of summing up, I acknowledge the measured way in which all Members have contributed to the debate. However, they also need to acknowledge the situation that the Minister of Justice finds himself in. Today, he has given the House a clear and concise setting-out of the position he has as Minister and in the role that he holds in the Department of Justice in respect of the case. He has also reminded us that to deal with this case the House and wider society in Northern Ireland need to be able to come together to deal with the very complex, very difficult, very hurtful and very important issue of how we deal with the past as a society.

I do not think I can go any further this morning in this case than by repeating the words of the Minister of Justice:

"there is no stain on Colin Worton's character; he was acquitted by the court."

Thank you.

Arlene Foster (DUP, Fermanagh and South Tyrone)

The case of Colin Worton, of course, has received widespread support. We heard a list from Mr Bradley of those who have seen fit to support Colin in his long fight for justice over 30 years, and we continue to support him in that fight for justice.

The motion today is about what happened in November of that year. It is specifically about Colin Worton and the particular circumstances of his case, in the context of the UDR four case. There have been some spurious reasons given by Sinn Féin for why they cannot support the motion today — very spurious indeed and nearly as spurious as some of the moral authority we had from them in relation to the many deaths that occurred over the past 35 to 40 years. That fact was reflected by Mrs Kelly when she acknowledged that many murders had been committed over the years, many of them by the IRA, who, of course, murdered Roman Catholics and Protestants alike throughout Northern Ireland. I want to acknowledge the brutal murder of Adrian Carroll and the pain and grief that that caused his family, his friends and the community at that time and, indeed, continues to cause pain to his family.

This debate is the continuation of an Adjournment debate that took place in June 2011 and is an attempt to secure justice and compensation in the particular circumstances of Colin Worton's case. Stewart Dickson moved the amendment making the case that the Minister had an inability to provide compensation to Mr Worton. I hope that, as I continue with my comments, I can point out that that certainly is not the case and that there is a discretion for the Minister to exercise. Whilst he may not be able to deal with Mr Worton's case under the statutory scheme — that is accepted because Colin was never convicted of a crime — there is still a way in which he can deal with the case.

Many Members spoke, including Members from Colin's constituency. Mr Kennedy rightly reflected the wider family support that Colin has received over the years and the fact that he is entitled to have his good name restored. Mr Poots related that all murders are wrong and helpfully pointed out the particular circumstances of Colin's case, as opposed to the scattergun approach that some would seek to take in relation to the case.

Mr Maginness talked about the ex gratia scheme, and it is that that I want to concentrate on. I would firmly argue that there are two elements to the ex gratia scheme: the serious default element, which was referred to in the judgement, and the fact that Lord Justice Kelly, at that time, did not believe that there were improper actions by the police. That is accepted. That does not necessarily mean that there was not serious default. When one looks at the circumstances of the case, one sees that, as Mrs Kelly pointed out, there certainly should have been somebody present with Colin Worton when he was being interviewed by the police. If that had happened, he might not have been in the situation that he found himself in, so I would say that the circumstances of the case lead to a serious default.

Even if the Minister feels that he cannot act for whatever reason on the serious default, he could still act under the part of the scheme that deals with exceptional circumstances. Again, I appeal to the Minister. I have to accept that he has received legal advice from officials on the matter, particularly on the judicial review case, but I urge him to seek further legal advice on the matter in the context of what I put to him today. That judicial review was on the exercise of the Secretary of State's discretion; it was not on whether it met the ex gratia scheme. Wade's 'Administrative Law', which is the textbook on the issue, says that, whilst discretion is not unfettered, it can be wide or narrow. I argue firmly that you have a wide discretion to act in this case. Bearing in mind the comments that have been made around the House today, I hope that you, Minister, will exercise your discretion again and will look at the particular circumstances of the case. In doing so, I hope that you will recognise that this is a very particular circumstance and that Colin Worton deserves to have the case looked at again.

Question, That the amendment be made, put and negatived.

Main Question put. The Assembly divided:

Ayes 54; Noes 27

AYES

Mr Agnew, Mr Anderson, Mr Bell, Mr D Bradley, Ms P Bradley, Mr Buchanan, Mr Byrne, Mrs Cameron, Mr Campbell, Mr Clarke, Mr Craig, Mr Cree, Mrs Dobson, Mr Dunne, Mr Durkan, Mr Easton, Mr Eastwood, Mr Elliott, Mrs Foster, Mr Frew, Mr Gardiner, Mr Girvan, Mr Givan, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mrs D Kelly, Mr Kennedy, Mr Kinahan, Mr McCallister, Mr I McCrea, Dr McDonnell, Mr McGimpsey, Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mr McKinney, Mr McNarry, Mr A Maginness, Mr Middleton, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr Ramsey, Mr G Robinson, Mr P Robinson, Mr Rogers, Mr Storey, Mr Swann, Mr Weir

Tellers for the Ayes: Mr Clarke, Mr G Robinson

NOES

Mr Boylan, Ms Boyle, Mr Brady, Ms Fearon, Mr Flanagan, Mr Hazzard, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Ms J McCann, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr M McGuinness, Ms Maeve McLaughlin, Mr McMullan, Mr Maskey, Mr Milne, Ms Ní Chuilín, Mr Ó hOisín, Mr Ó Muilleoir, Mr O'Dowd, Mrs O'Neill, Ms Ruane, Mr Sheehan

Tellers for the Noes: Mr Hazzard, Mr Lynch

The following Members voted in both Lobbies and are therefore not counted in the result: Mrs Cochrane, Mr Dickson, Dr Farry, Mr Ford, Ms Lo, Mr Lyttle

Main Question accordingly agreed to. Resolved:

That this Assembly notes the miscarriage of justice in the case of the UDR four; recognises the particular circumstances of Mr Colin Worton in relation to the case and that he served over two and a half years in custody on remand before the case against him was dropped and he was released; further notes the Minister of Justice’s comments on the miscarriage of justice, the innocence of Mr Worton and the significant detrimental impact on Mr Worton; and calls on the Minister of Justice to seek urgently to address this miscarriage of justice by exercising his discretion to provide redress for Mr Worton.

Roy Beggs (UUP, East Antrim)

The Business Committee has arranged to meet immediately after the lunchtime suspension. 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 sitting is, by leave, suspended.

The sitting was suspended at 12.21 pm.

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

Oral Answers to Questions — Enterprise, Trade and Investment

Barry McElduff (Sinn Féin, West Tyrone)

1. Mr McElduff asked the Minister of Enterprise, Trade and Investment for an update on her Department's efforts in supporting local credit unions to expand the range of services they offer. (AQO 7919/11-15)

Arlene Foster (DUP, Fermanagh and South Tyrone)

My Department has been working closely with the sector in identifying appropriate updates to Northern Ireland legislation. That will be achieved by way of the introduction of an Assembly Bill. The Bill will remove restrictions on Northern Ireland credit unions and thereby permit them to expand further the range of services that they offer to reach out to new groups. Following a public consultation in the summer of 2013, I wrote to the Enterprise, Trade and Investment Committee in December 2013 with policy proposals for the legislation. Following a number of queries raised by the Committee, which have now been answered, I hope to bring the draft Bill to the Executive in early May 2015, with a view to its introduction in the Assembly soon after.

Barry McElduff (Sinn Féin, West Tyrone)

Go raibh maith agat. I thank the Minister for her reply, particularly her reference to the notion of removing restrictions. Has the Minister or her Department given consideration to enabling credit unions to provide financial support to local businesses, most typically small and medium-sized enterprises (SMEs)?

Arlene Foster (DUP, Fermanagh and South Tyrone)

Absolutely. Indeed, part of what we hope will be achieved by the Bill is that services from the credit unions will be more widely available. I say that also in the context of the fact that there have been a number of bank closures in rural areas over the past period of time. I recognise that that can be a difficulty, particularly for individuals and small businesses who perhaps do not have cause to go to the larger towns where the banks are now situated. It was an issue that was acknowledged by the Northern Ireland Affairs Committee report on banking, which recognised that the banks' position is that closures are inevitable due to a decline in branch transactions and that that could potentially leave customers financially excluded, particularly those in rural areas. I am sure that that is an issue that the Member, bearing in mind his constituency, which is like my constituency, will have concern about. I hope that post offices, in particular, and credit unions will be able to fill that gap.

Gordon Dunne (DUP, North Down)

I thank the Minister for her answers today. I think that we all recognise the need for the change in legislation and the reform to credit unions, and that we all see it as being very important. Will the Minister give a firm commitment to the House that she will do all she can to get those amendments pushed through in the current mandate?

Arlene Foster (DUP, Fermanagh and South Tyrone)

It has always been my hope and desire that we will be able to do that. As I have indicated, the Committee has finished its stage, and, hopefully, I will be able to take a paper to the Executive in May of this year and then introduce the matter into the House. I know that time may not be on my side in relation to the matter, but I am hopeful that we will be able to deal with it in this mandate.

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

Go raibh maith agat, a LeasCheann Comhairle. I thank the Minister for her answer. Are there any additional measures that her Department can take to encourage more people to use credit unions rather than going to payday loan companies?

Arlene Foster (DUP, Fermanagh and South Tyrone)

That is an issue that has caused us grave concern, particularly through the work that we have carried out in our financial capability strategy; there are those who feel that they have no other option. We are not that concerned about payday loans — even though they can cause grave difficulties, they have their place — it is the loan sharks and the unregulated loans that cause us the deepest concern.

The Department for Social Development and my colleague Minister Storey have been looking at ways in which they can work with the credit union movement to allow people who are perhaps on low income to access financial products. That Department is engaged in running two pilots to try to see what support is required by credit unions that may need help in relation to the provision of longer opening hours, training for staff or volunteers, and marketing material. The second proposal is to look at the feasibility of supporting credit unions to provide enhanced banking services and products in the context of benefits. My Department, DSD and DARD have all been engaged in working with the credit union movement and that will be the case in future as well.

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

Before we proceed to question 2, Members should note that questions 7, 12 and 13 have been withdrawn.

Michaela Boyle (Sinn Féin, West Tyrone)

2. Ms Boyle asked the Minister of Enterprise, Trade and Investment how her Department intends to work with Derry City and Strabane District Council to attract greater levels of inward investment to the area. (AQO 7920/11-15)

Arlene Foster (DUP, Fermanagh and South Tyrone)

My Department has engaged extensively with the former councils in the north-west to understand the local investment proposition and will continue to do so with the new council. In addition, Invest NI's international investment division intends to hold a planning meeting in Londonderry at the end of April 2015. The programme will include meetings with council officials, university and college representatives and other stakeholders, with inward investment at the top of the agenda.

Michaela Boyle (Sinn Féin, West Tyrone)

I thank the Minister for her answer. Will she, along with Invest NI, continue to meet council representatives and officials to agree targets and outcomes for inward investment? Expanding on the theme of investment, is she in a position to give an update on the business park in Strabane?

Arlene Foster (DUP, Fermanagh and South Tyrone)

I thank the Member for her question. We will continue to work with the new council, as we did with the previous two councils. She may be aware that Invest NI has agreed to co-fund the development of the integrated economic strategy for the new Derry City and Strabane District Council area, which I wholeheartedly support. I was also delighted to see the new app promoting Strabane as an investment destination launched on 10 March this year. It has highlighted the inward investments that are already there and, on the Member's second point, it has made everyone aware of the fact that land is available in the Strabane area that can be marketed to inward investors as well as investors within Northern Ireland who may wish to set up business in Strabane.

Tom Buchanan (DUP, West Tyrone)

I thank the Minister for her answers so far. Does she agree that the extension of the gas network to the west will not only be a significant boost to existing businesses but will be an attraction for new businesses and a help to inward investment in the west?

Arlene Foster (DUP, Fermanagh and South Tyrone)

Of course, I am particularly delighted to see the progress that is being made in relation to the gas to the west project. Ms Boyle's first question was about Strabane, and it is to Strabane that the gas network will be extended first. Work will commence on that part of the pipeline later this year, with the first customer, we hope, connected in 2016. The main pipeline works to provide for the connections in the west for the other part of the gas to the west project — to Dungannon, Coalisland, Cookstown, Magherafelt, Omagh, Enniskillen and Derrylin — are planned to commence in 2016 and should be completed in 2017. We should be cognisant of the importance of this piece of infrastructure because it will give individuals a chance to connect to natural gas and will be part of the investment story for the west of the Province. It is something that we should all welcome.

Samuel Gardiner (UUP, Upper Bann)

Does the Minister agree that attracting inward investment should remain primarily an Invest Northern Ireland role but that the new super-councils, with their enhanced economic development role, can make their areas more attractive places in which to do business?

Arlene Foster (DUP, Fermanagh and South Tyrone)

Absolutely, and that is the point that I have been making for quite some time. The new super-councils have a very much enhanced role with the new powers that they have been given, particularly in relation to the Start a Business programme and social entrepreneurship and, indeed, others who want to start up, particularly young people. The new councils have been given powers in that regard as well and overall in the sense of promoting their areas as a good place in which to do business. I am sure that he was delighted to see the announcement that we made just recently in Craigavon, where 320 jobs were announced for his area. That was a tremendous announcement, which I was very pleased to make.

Pat Sheehan (Sinn Féin, Belfast West)

3. Mr Sheehan asked the Minister of Enterprise, Trade and Investment, given that the most recent labour force survey shows the working age economic inactivity rate at 27.8%, how her Department is assisting people who are economically inactive. (AQO 7921/11-15)

Arlene Foster (DUP, Fermanagh and South Tyrone)

My Department and the Department for Employment and Learning, in conjunction with the Department for Social Development, the Department of Health, Social Services and Public Safety and Invest NI, have developed a draft strategy to reduce the high levels of economic inactivity in Northern Ireland. The draft strategy seeks to help key economically inactive groups make the transition towards, and into, the labour market. The draft strategy is currently with the Executive for consideration. Once agreed, we will commence implementation at the earliest opportunity.

Pat Sheehan (Sinn Féin, Belfast West)

Go raibh maith agat, a LeasCheann Comhairle. Gabhaim buíochas leis an Aire as a freagra. I thank the Minister for her answer. I am sure she will be aware that west Belfast has one of the highest rates of economic inactivity across these islands. Can the Minister tell us what specific actions are being taken to create job opportunities for people in west Belfast?

Arlene Foster (DUP, Fermanagh and South Tyrone)

I am pleased that Sinn Féin has now agreed to allow the matter to go on to the Executive agenda and that we will be able to have the matter before the Executive, hopefully on Thursday, because the strategy has particular actions in it that I think will be of use to the Member in his own constituency and, indeed, to many members across Northern Ireland. It will have competitive pilot testing of innovative ways to try to deal with the economic inactivity that persists as a legacy issue for Northern Ireland. It is also going to establish and facilitate a strategic forum to oversee strategic delivery issues.

Whilst the Member makes the point about west Belfast — I acknowledge the point that he makes in relation to economic inactivity there — the latest figures show that there has been a sustained fall in the number of people claiming unemployment benefits in west Belfast since 2013, something that I hope he will welcome, as I do, but there is much more work to be done. With the strategy in place, hopefully, after the Executive meeting this week, it is something that we will be able to take forward.

Maurice (DUP, Fermanagh and South Tyrone)

Can I ask the Minister something in relation to the question that has been asked? Surely there is something hypocritical about Sinn Féin's position in relation to welfare reform. Many from that constituency are being deprived because of the inactivity and inaction of the party opposite.

Arlene Foster (DUP, Fermanagh and South Tyrone)

There is no doubt that the inertia that seems to have arrived within Sinn Féin at the moment in dealing with the Stormont House Agreement is something to be deeply regretted, because I believe that we need to get on and deal with the issues that were agreed back in December. That will free us up to deal with all of the issues on the agenda, including corporation tax, because, of course, we have not had the opportunity to set the date and the rate as yet because we are in a state of limbo in relation to corporation tax until the welfare reforms, which were agreed in December, are implemented.

Robin Swann (UUP, North Antrim)

Minister, there is a target in the Executive's economic inactivity strategy of an employment rate of over 70% by 2023. Does the Minister think that that will be achievable?

Arlene Foster (DUP, Fermanagh and South Tyrone)

Yes, I do, particularly if we are able to continue on the route of the devolution of corporation tax, because, as I am sure the Member is aware, the studies from the Northern Ireland Centre for Economic Policy — now the Ulster University Business School — indicate that that is going to grow the economy by 10% or 11%, so that will allow us to employ more people right across Northern Ireland and will deal with some the legacy issues that we have had to deal with over the past period. It is true that we have the highest level of economic inactivity in the United Kingdom. Next to us are Wales, with 25·6%, and the north-west of England, on 24%. We currently stand at 27·8%, and that is something that we need to tackle. We have recognised that and, with the strategy in place after the Executive meeting this week, we hope we will be able to move forward.

Jim Allister (Traditional Unionist Voice, North Antrim)

Does the Minister agree that the Member who asked the question and his party, by opposing all aspects of welfare reform, are in fact blocking any incentivising of the economically inactive into work? Does she accept that incentivising the economically inactive into work has to be part of a viable economic strategy?

Arlene Foster (DUP, Fermanagh and South Tyrone)

I do think that we have to look at new and innovative ways to try to incentivise people into work. There are those who are not in work at present because of deep-seated problems — some of them mental health problems. Issues need to be addressed. That is why the Department of Health, Social Services and Public Safety was involved in the formulation of the strategy. There is no doubt that there are also those on welfare who do not believe that it would benefit them to go into work because it would disadvantage them. We need to incentivise those people into work, because work is not just good for bringing home a wage at the end of the week or month but is good for one's mental health. To be able to engage in gainful employment is good generally for the society and community within which people dwell.

Cathal Boylan (Sinn Féin, Newry and Armagh)

4. Mr Boylan asked the Minister of Enterprise, Trade and Investment to outline her proposals to ensure that local businesses secure greater returns from island-wide trade. (AQO 7922/11-15)

Arlene Foster (DUP, Fermanagh and South Tyrone)

The all-Ireland market is an important market for many of our businesses, large and small. Specific industry sectors, such as construction and food, continue to deliver significant sales across the island. Invest Northern Ireland works directly with many of these businesses to support and assist their export plans.

The trade and business development body InterTradeIreland offers practical cross-border funding information, advice and support to small and medium-sized industries in both jurisdictions and continues to develop an environment in which the Republic of Ireland and Northern Ireland cooperate to ensure that SMEs are making full use of cross-border opportunities to drive competitiveness, growth and jobs. InterTradeIreland also supports businesses, through its innovation and trade programmes, to take advantage of North/South cooperation opportunities to improve capability and drive competitiveness, jobs and growth.

Cathal Boylan (Sinn Féin, Newry and Armagh)

Go raibh maith agat, a LeasCheann Comhairle. I thank the Minister for her answer. Has she any other proposals to ensure that we maximise the trade potential of local firms?

Arlene Foster (DUP, Fermanagh and South Tyrone)

Around two thirds of small and medium-sized companies already take their first step into exporting by working with their nearest neighbours in the Republic of Ireland. That is their first step into the export market. Indeed, 90% of Northern Ireland exporters took their first step into exporting by trading across the border first and then looking to new and different markets. There is a very healthy cross-border market ongoing. Of course, InterTradeIreland and Invest Northern Ireland will continue to help those companies who want to take that first step.

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

Can the Minister outline what discussions she has had, if any, with the Irish Government and others on the proposed cuts to the budget of InterTradeIreland?

Arlene Foster (DUP, Fermanagh and South Tyrone)

Well, they are not proposed cuts: those cuts are already in place. They were agreed at the last inter-trade sectoral meeting. I think that my counterpart, Richard Bruton, understands the issue with regard to Northern Ireland, because they went through a similar issue in the Republic of Ireland a number of years ago.

Paul Givan (DUP, Lagan Valley)

What impact is the fluctuation in the exchange rate — the strengthening pound and the weakening euro — having on our local economy, the Republic of Ireland and across Europe?

Arlene Foster (DUP, Fermanagh and South Tyrone)

Given the answers that I have just made about the number of firms and the percentage of firms that take their first step into exporting by working across the border, it is a very difficult picture at the moment because a stronger pound makes our goods and services more expensive in the eurozone market, not just in the Republic of Ireland. As well as for goods, it is the same for tourism. When considering destinations, of course tourists are usually price-sensitive. It could be a barrier to those people who are perhaps looking at coming to Northern Ireland from the eurozone.

However, on a positive note, goods and services, such as energy and food, which we import from the eurozone will of course be cheaper for businesses and households in Northern Ireland. I suppose that it is a bit of swings and roundabouts, but we totally understand that, for those people who are doing business across the border, it is very difficult at the moment.

Stephen Moutray (DUP, Upper Bann)

5. Mr Moutray asked the Minister of Enterprise, Trade and Investment for an update on the local uptake of superfast broadband. (AQO 7923/11-15)

Arlene Foster (DUP, Fermanagh and South Tyrone)

According to Ofcom's latest infrastructure report, at June 2014 the number of premises that had taken up superfast broadband services in Northern Ireland stood at 22%, having risen by some three percentage points on the previous year. That is on a par with the take-up in England and considerably above that of similar services in Scotland and Wales.

Stephen Moutray (DUP, Upper Bann)

I thank the Minister for her response. It is encouraging to know that we are on a par with other regions of the United Kingdom. Will the Minister expand on that? Is she aware what the take-up in Southern Ireland is?

Arlene Foster (DUP, Fermanagh and South Tyrone)

I do not have the figures for the Republic of Ireland because we work in the United Kingdom system. Ofcom looks at how the regions of the UK are doing. Wales and Scotland, particularly, sometimes look at Northern Ireland with envy in relation to some of the schemes that we have been able to roll out, whether it is the Northern Ireland broadband improvement project; the Superfast Rollout programme, which we began in February of this year; or the SuperConnected Cities programme, which we hope to expand beyond Londonderry and Belfast and into the rest of Northern Ireland. So there is quite a lot going on in relation to broadband. We make no apology for that because we want to retain our position as number one in the UK.

Mickey Brady (Sinn Féin, Newry and Armagh)

Go raibh maith agat, a LeasCheann Comhairle. I thank the Minister for her answers so far. What level of investment in superfast broadband is provided in Newry and Armagh?

Arlene Foster (DUP, Fermanagh and South Tyrone)

The Superfast Rollout programme is a £17 million programme that has just begun, and its coverage will be extended to over 38,000 premises by 2017. As it has just begun, we do not have the figures for Newry and Armagh at present.

The SuperConnected Cities programme started life as a voucher scheme in Belfast; businesses could apply for a £3,000 voucher. It was then rolled out to our second city, Londonderry, and now it will be available for councils across Northern Ireland to bid into. I encourage councils in the Member's area, or in the area of any other Member, to apply to the SuperConnected Cities programme. That name is a misnomer: it started life as a cities' programme, but it will now be available right across Northern Ireland.

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

How happy is the Minister with the various schemes that DETI and DARD have tried to promote over the last number of years? There are still queries about reliability and speeds. When can we have 100% coverage of fixed-wire fibre-optic cabling throughout Northern Ireland?

Arlene Foster (DUP, Fermanagh and South Tyrone)

It will be a long time before we have 100% fibre to every home in Northern Ireland. What we are trying to do at the moment is ensure that there is fibre to cabinet in some of the schemes that we have been involved in. Fibre to the home is more expensive again. We want to ensure, through the broadband improvement project, which is still ongoing and which does not finish until the end of this year — and I accept that there are still some areas have to be dealt with — that people have a basic broadband in certain areas where there is no service and improve broadband services where choice is poor or speeds are low. That is what we are engaged in at present. I must say, however, that it will be a very long time before we have fibre to every home in Northern Ireland.

Sandra Overend (UUP, Mid Ulster)

6. Mrs Overend asked the Minister of Enterprise, Trade and Investment to outline the training her Department provided to local councillors in advance of the transfer of new economic powers. (AQO 7924/11-15)

Arlene Foster (DUP, Fermanagh and South Tyrone)

As a statutory partner in community planning, Invest Northern Ireland has been actively working with council officials and elected representatives on the transfer of functions and its community planning activities. While no formal training has been provided to local councillors in advance of the transfer of new economic powers, both my Department and Invest NI are committed to continuing to provide as much ongoing support and guidance as may be required.

Sandra Overend (UUP, Mid Ulster)

I appreciate that officers have a crucial role to play in this. Will the Minister liaise with the Minister of the Environment on training needs for councillors and officers? A lot of attention has been paid to planning powers in the new councils.

Does the Minister agree that the new local economic development powers are equally important for the new councils?

Arlene Foster (DUP, Fermanagh and South Tyrone)

The new powers that are being devolved from Invest Northern Ireland relate to enterprise awareness, the start-a-business activity and social enterprise. I acknowledge that they are not as comprehensive as the new planning powers that are being devolved from the Department of the Environment. Because of our network of offices across Northern Ireland, Invest Northern Ireland officials stand ready to work with council officials or, indeed, council members across Northern Ireland. If a request in relation to training comes in, which has not happened to date, I am sure Invest officials will try to facilitate that.

Ian McCrea (DUP, Mid Ulster)

Will the Minister outline what funding has been allocated to councils to help them with the devolution of the powers and what role parts of her Department will have in respect of community planning?

Arlene Foster (DUP, Fermanagh and South Tyrone)

The original allocation to the 11 councils was £3·55 million, but, as a result of budget restructuring, that has been subject to a reduction. The reduced amount transferring is £3·01 million. As I have indicated, economic powers transferring from Invest NI include functions in relation to enterprise awareness, the start-a-business activity and social enterprise. It is for individual councils to decide how they wish to exercise those powers. Some may wish to continue with the start-a-business programme. They will have to procure a new contract in relation to that, as it ends, I think, in October this year. They may want to do things in a different way that will suit their agenda and their rural area, but we stand ready to help in any way we can from a strategic point of view.

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

I thank the Minister for her interesting answers. Does she envisage that the devolution of more economic power to councils will continue over the years? It seems to me that the local council, particularly in rural areas, has an important and pivotal role to play in economic development.

Arlene Foster (DUP, Fermanagh and South Tyrone)

It is too soon to answer that question, because the new powers have just been devolved. It will be interesting to see the way in which they develop over the next couple of years. Invest will be very much part of the community planning process at each of the council area levels, so there is that connectivity between regional level and the local council area. I referred to the app that has been set up in Strabane: it is a piece of collaborative working between Invest NI and the new council, which was in shadow form at that time. I will be happy to look, in the future, at what else can be devolved, but, at the moment, we have devolved some powers, and we wait to see how they will be exercised.

Paul Girvan (DUP, South Antrim)

8. Mr Girvan asked the Minister of Enterprise, Trade and Investment to outline the number of new businesses in South Antrim since 2010. (AQO 7926/11-15)

Arlene Foster (DUP, Fermanagh and South Tyrone)

Invest Northern Ireland releases information at subregional level following each financial year end. Therefore, the most up-to-date figures available show that, between 1 April 2010 and 31 March 2014, Invest NI offered support to 428 start-up projects in the South Antrim constituency area. Of those projects, 400 were supported indirectly by Invest NI through the regional start initiative, formerly known as the enterprise development programme.

Paul Girvan (DUP, South Antrim)

I thank the Minister for her answers thus far. My supplementary question relates to businesses which, probably, have had a major turnaround. I think in particular of Mivan Marine Ltd: this time last year, it was in bankruptcy. It is a good news story. Is there any more information on how that is progressing?

Arlene Foster (DUP, Fermanagh and South Tyrone)

Indeed. I commend Brian McConville and his team in Mivan Marine Ltd. I was due to visit Brian and his team, but, unfortunately, due to a death in the family I was not able to attend. The junior Minister attended in my place, and I understand that things are going well. In its first year of trading, Mivan Marine Ltd achieved profit with a turnover of £9·7 million to the year end — December 2014 — and currently employs 99 full-time staff. That is good news for Antrim and for Mivan in particular, because, as the Member rightly says, it was a very different story some 12 months ago.

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

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

Cathal Boylan (Sinn Féin, Newry and Armagh)

T1. Mr Boylan asked the Minister of Enterprise, Trade and Investment whether she can confirm that there has been a slight increase in activity in the construction industry, given that that industry has traditionally provided a lot of employment, and to state how we can ensure that we retain our local young tradespeople rather than losing them to places such as America and Australia. (AQT 2341/11-15)

Arlene Foster (DUP, Fermanagh and South Tyrone)

I recognise that it has been a concern of Members that skills may be lost in the construction arena, with young people in particular emigrating to other parts of the world because of the lack of construction jobs in Northern Ireland. It is a challenge for the Minister for Employment and Learning and me to ensure that those skills are retained and that we continue to provide them into the future. We may find ourselves in a situation where we have skill gaps in the future because young people have left. We need to be very aware of that and to make sure that we continue to train young people in those jobs. Although construction was down again in the last quarter, I believe that there are signs that things are beginning to pick up. Certainly, for the first time, I am seeing construction projects start all over Northern Ireland.

Cathal Boylan (Sinn Féin, Newry and Armagh)

I thank the Minister for that answer. What assistance can she provide, through talking to other Ministers, to ensure that local firms can access capital projects through the public procurement process? Go raibh míle maith agat.

Arlene Foster (DUP, Fermanagh and South Tyrone)

Of course, the public procurement rules are sometimes a mystery to all of us. Through InterTradeIreland, we have established a go-to-tender programme that allows companies in Northern Ireland to bid in to procurement projects in the Republic of Ireland and vice versa so that they can access those projects on the island. We have supported companies that continue to work here. They may perhaps be engaged in projects in Great Britain at the moment, but they keep their design facilities and intellectual property here in Northern Ireland. We will continue to work with the construction industry.

Robin Swann (UUP, North Antrim)

T2. Mr Swann asked the Minister of Enterprise, Trade and Investment for an update on the work of the Executive-appointed task force, of which she and the Minister for Employment and Learning are members, that was created to see a future for the JTI Gallaher’s site and workers in Ballymena. (AQT 2342/11-15)

Arlene Foster (DUP, Fermanagh and South Tyrone)

First of all, we were not appointed as a task force; we were appointed as the two responsible Ministers to liaise with the management and workers at Gallaher. We have continued to do that. As he will be aware, a proposal was put forward between the workers and the local management to the management in Switzerland. That was rejected, and, therefore, Gallaher's management has decided to proceed with the plant's closure on a phased basis. I understand that it has made packages available to staff, and that process is ongoing.

Robin Swann (UUP, North Antrim)

I thank the Minister and apologise for using the term "task force": it was incorrect. The Minister will be aware that I have sort of explored the possibility of creating the area as an enterprise zone. I know that in the past the Minister has said that it is not her responsibility but that of Westminster. Matthew Hancock MP from the Department for Business said that it is up to the Executive to approach it, and Danny Alexander MP from Her Majesty's Treasury says that it is up to the Executive to ask the British Government whether they would create an enterprise zone in any area in Northern Ireland. Would the Minister still be willing to explore that as an opportunity?

Arlene Foster (DUP, Fermanagh and South Tyrone)

As the Member knows, the pilot enterprise zone has still to be designated in Coleraine. Whilst there has been progress on the matter recently between the council and, indeed, the private sector in Coleraine, it remains outstanding. Therefore, we need to deal with the matter in front of us, which is the Coleraine enterprise zone.

This enterprise zone is a different creature to the enterprise zone creature that was available back in the 1980s. We have planning policy devolved to Northern Ireland; indeed, it is now devolved to local councils, and the telecoms policy is there. The other issue is in relation to capital allowances, which is the only issue that we have control over, and that is one of the reasons why a data centre is well suited to an enterprise zone. If the Member wants to indicate why he believes that capital allowances would be particularly helpful in relation to the enterprise zone in Ballymena, I am more than happy to listen to that.

Oliver McMullan (Sinn Féin, East Antrim)

T3. Mr McMullan asked the Minister of Enterprise, Trade and Investment for her assurance that, with the formation of the new Mid and East Antrim Borough Council and Tourism NI, the Antrim coast and glens will be promoted to the standard set in the Programme for Government. (AQT 2343/11-15)

Arlene Foster (DUP, Fermanagh and South Tyrone)

I could give a very short answer to that, but, absolutely, it will be. It is one of the nine tourism destinations and one that Members from his area should be very proud of. I had the opportunity to visit Whiterocks recently to see the new facilities there, and I encourage all Members who have not been to visit that new facility to do so.

Oliver McMullan (Sinn Féin, East Antrim)

Indeed, we are quite proud of having it included in the Programme for Government, but the mid-glens from Glenarm and Carnlough right down into the mid-glens is sadly lacking and has been for a number of years, and we only have to look at the promenade in Carnlough to see that. Can you assure me that the mid-glens will get the share of promotion that it desires on the back of the Giro d'Italia when we had the iconic photographs and pictures of the horses on the beaches at Carnlough? We have not capitalised on those worldwide pictures.

Arlene Foster (DUP, Fermanagh and South Tyrone)

To be fair, if you have not capitalised on those worldwide pictures, one has to ask, "Why not?". Those were really iconic pictures. I recall a debate on the mid-glens recently when we were treated to the Deputy Speaker telling us all about the different glens in and around the glens of Antrim. It was very enjoyable, but people have to come forward with applications to Tourism NI. I very much hope that they do, and I understand that they have in relation to the tourism events fund. I am sure that the Member, like me, is very much looking forward to the opening of the Gobbins path, which will be an outstanding tourist attraction in his area, and I hope that his new council will take full benefit of it.

Judith Cochrane (Alliance, Belfast East)

T4. Mrs Cochrane asked the Minister of Enterprise, Trade and Investment, given her good record in attracting foreign direct investment and major sporting events to Northern Ireland, whether she shares the concern that the proposed conscience clause Bill could have implications along the lines of the business and sporting boycott being experienced in the state of Indiana following the introduction of similar legislation there. (AQT 2344/11-15)

Arlene Foster (DUP, Fermanagh and South Tyrone)

No, I do not share her concerns at all. What concerns me is the number of small businesses that have approached me and many of my colleagues in relation to the concerns that they have about the provision of services in the future. It is a concern that she and her party would do well to acknowledge as well because we are not just interested in foreign direct investment; we are also very interested in our indigenous companies.

Judith Cochrane (Alliance, Belfast East)

I thank the Minister for her answer. I take that point on board, but a number of concerts were cancelled, sponsorships for major tech conferences were pulled out and the planned $40 million expansion of a company headquarters was cancelled, which was all to do with that, and I think that is a major issue. Does the Minister understand that encouraging foreign investment and tourism is a difficult enough job without added hurdles such as that and, perhaps, the negative comments that came from the likes of Kit Harington?

Arlene Foster (DUP, Fermanagh and South Tyrone)

I could do well, as could our most major investor in Northern Ireland, without the comments of her colleague Naomi Long about Bombardier yesterday. I have been in contact with Bombardier, and it is very concerned about the comments that have been made. Bombardier is completely committed to Northern Ireland because of the workforce that there is here, and to suggest that it would act otherwise following a referendum on the European Union when the company has made it clear that it does not have a particular stance on the UK referendum, if, indeed, it happens after the general election, is irresponsible.

I am hugely surprised that a current Member of Parliament should say such a thing about our biggest investor in Northern Ireland. I hope that the Member who made the comments reflects on the comments and, indeed, apologies to Bombardier for the embarrassment that she has caused.

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

The Member listed for topical question 5 has withdrawn their name.

Ian Milne (Sinn Féin, Mid Ulster)

T6. Mr Milne asked the Minister of Enterprise, Trade and Investment for her assessment of the importance to the economy of plans by Concentrix and Allstate to build and develop their new headquarters in Belfast. (AQT 2346/11-15)

Arlene Foster (DUP, Fermanagh and South Tyrone)

Allstate and Concentrix are two very important foreign direct investors in Northern Ireland. I met senior teams from both of those organisations recently, and I am aware that both organisations have plans for expansion in Belfast and both have recently submitted planning applications for new development that will be in front of the new Belfast council. I hope that they will be able to develop in the way in which they have said that they want to.

Ian Milne (Sinn Féin, Mid Ulster)

Go raibh maith agat, a LeasCheann Comhairle. Mo bhuíochas leis an Aire as a freagraí go dtí seo. Thank you, Minister. Do you believe that that development will result in more really well paid jobs?

Arlene Foster (DUP, Fermanagh and South Tyrone)

I certainly know that Allstate and Concentrix have ambitious plans. They want to be on the former Maysfield Leisure Centre site in a few months' time. Both of those companies want to be on the site because they have plans for expansion in the future, and I think that we should very much welcome that. We should also hope that Belfast council will work with both of those companies to make sure that the plans go ahead.

Colum Eastwood (Social Democratic and Labour Party, Foyle)

T7. Mr Eastwood asked the Minister of Enterprise, Trade and Investment what she believes are the major barriers to attracting foreign direct investment to the Foyle constituency. (AQT 2347/11-15)

Arlene Foster (DUP, Fermanagh and South Tyrone)

I think that there are legacy issues, which the Member is well aware of, in relation to economic inactivity in that constituency. There are issues in relation to youth unemployment in that city. When I met his colleague Mr Ramsey in relation to the economic inactivity draft strategy, he expressed hopes that he would be able to use that strategy and the pilots that would come out of it to help to deal with those legacy issues — I call them legacy issues because they have been there for a period of time — and, therefore, that is why there is a real need to deal with those issues.

Colum Eastwood (Social Democratic and Labour Party, Foyle)

I thank the Minister for her answer, and I agree with her. However, does she agree with me that, without proper investment in the road network to the city and proper investment in the expansion of the university campus at Magee, we will not reach our economic potential and will not be able to attract high-end foreign direct investment to the city?

Arlene Foster (DUP, Fermanagh and South Tyrone)

He has actually picked up on a subject that I discussed with the Chamber of Commerce in Londonderry recently. I said to it that it was not just about looking at the number of jobs that come to the city; it was about the ecosystem in the city and going out of the city. Therefore, roads are critical and telecoms infrastructure is critical. He will know that the telecoms infrastructure within the city is very, very good and is a legacy of the City of Culture that took place there. There is much to talk about the future of the city and its economic prospects, but he is right to talk about the infrastructure as well as just looking at the Invest NI job numbers.

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

Ms Caitríona Ruane is not in her place, the Member for topical question 9 has withdrawn their name, and Mr Michael McGimpsey is not in his place.

I ask Members to take their ease for a moment until questions to the Minister of the Environment begin at 2.45 pm.

Oral Answers to Questions — Environment

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

I inform Members that questions 2, 8 and 11 have been withdrawn.

Ian Milne (Sinn Féin, Mid Ulster)

1. Mr Milne asked the Minister of the Environment how many planning applications for single wind turbines have been approved since 2005. (AQO 7932/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

The number of single wind turbine applications approved from 2005 to 31 January this year is 2,212. That is my Department's latest available provisional renewable energy information.

This figure is for applications approved and does not necessarily equate to the number of single wind turbines constructed and operational, as the Department does not hold information on whether the permission has been implemented. The figures may also include renewals of planning permissions and changes to existing approvals, and may, therefore, equate to fewer than 2,212 individual sites.

Applications for single wind turbines are determined by taking into account all relevant planning considerations — a wide range of factors, including the potential impact on public safety, human health, residential amenity, landscape and cumulative impacts. The details of each application, including site characteristics, locality and height of turbines, will differ. Therefore, each application is determined on its own particular location merits.

It is important that the right balance is struck between facilitating wind energy development in appropriate locations and protecting the exceptional quality of our natural environment. These are matters and issues that I considered in finalising the strategic planning policy statement (SPPS).

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

I call Mr Milne for a supplementary.

Ian Milne (Sinn Féin, Mid Ulster)

Go raibh maith agat, a LeasCheann Comhairle, mo bhuíochas leis an Aire go dtí seo. Thanks, Deputy Speaker, and I thank the Minister for his answer thus far. Minister, do you propose to set a threshold for single wind turbines in, say, each council area, or what means do you imagine you will set to control, if you like, the blight of single wind turbines in the countryside?

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank the Member for the question and the supplementary. As the Member will be aware — as all Members will be aware, or should be aware — as from 1 April the vast majority of planning powers were transferred from my Department to the 11 new councils. While the Department will retain overarching planning policy responsibility, including the responsibility for planning policy statement 18 — or now the SPPS — and policy for renewable energies, it is only right and proper that councils will have a fair degree of autonomy when it comes to deciding what will work in their areas and what their areas need.

Therefore, I certainly do not have any intention of introducing a threshold or limit on the number of wind turbines that may be erected in any council area, as I would not have any intention of introducing a threshold for the number of houses in any council area. However, one threshold that does exist is that any renewable energy application over 30 MW will not be dealt with by the relevant council but retained centrally by the Department, as that would be deemed to be a major or regionally significant application given its scale.

Colum Eastwood (Social Democratic and Labour Party, Foyle)

I ask the Minister for an update on the finalisation of the SPPS.

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank Mr Eastwood for that question. The final draft of the SPPS was completed last month following extensive engagement with key planning stakeholders.

My aim is to publish the SPPS in its final form in the very near future, following Executive Committee consideration. When it is published in final form, the provisions of the SPPS must be taken into account in the preparation of local development plans by the 11 new councils, and will be material to all decisions on individual planning applications and appeals. It is very important that the SPPS be in place as soon as possible to provide the policy framework for the new two-tier planning system and, in particular, to enable the new councils to get on with the very important work of preparing their local development plans.

Pending its publication, the existing suite of planning policy statements and relevant provisions of a planning strategy for Northern Ireland shall continue to apply as a temporary arrangement.

Leslie Cree (UUP, North Down)

Getting back to wind turbines, can the Minister advise on whether there has been any progress on securing cooperation with NIE to get connection costs agreed early in the process so that people can see if they can go ahead?

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank the Member for that question. The issue of grid connection has been raised, largely by the industry itself, as a major problem, as it slows down the development of wind farms and single wind turbines. The Member will be aware that, while I have responsibility for planning, I do not have responsibility for energy. So, problems with, or associated with, NIE and grid connections would be better directed towards the Enterprise, Trade and Investment Minister the next time the Member gets the opportunity.

It is very important. Quite a number of wind farms in the system have received planning approval but have not been able to secure a grid connection. That skews our figures when we talk about meeting renewable energy targets, because, although one has received planning approval, there may be no realistic prospect of its being connected. So, I share the Member's concerns: it is something that we need to look at strategically.

In other jurisdictions — Scotland, for example — they do it the other way round: planning permission will not be awarded to a renewable energy project unless it has a guaranteed grid connection. That is something that we need to look at, and I will look at it in conjunction with the Enterprise, Trade and Investment Minister and others.

Gerry Kelly (Sinn Féin, Belfast North)

3. Mr G Kelly asked the Minister of the Environment, in relation to noise and shadow flicker, whether ETSU-R-97 is outdated. (AQO 7934/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

In common with the approach in the other devolved Administrations, my Department's planning policy statement 18 on renewable energy recommends the use of the 'Assessment and Rating of Noise from Wind Farms' — ETSU-R-97 — standard in the assessment and rating of noise from wind energy developments.

That standard describes a methodology for the assessment and rating of noise from wind energy development that provides protection to wind-farm neighbours without placing unreasonable restrictions upon appropriate wind-energy development. ETSU-R-97 deals only with the assessment and rating of noise; it does not provide guidance in relation to the assessment of shadow flicker. Advice on shadow flicker and reflected light is set out in the associated best practice guidance to PPS 18.

While I recognise that ETSU-R-97 is the established UK-wide standard in relation to the assessment of noise, I am aware that it has attracted some criticism. I also acknowledge that the Environment Committee, in its recent report on the outcome of its inquiry into wind energy, recommended that my Department review the use of ETSU-R-97. As a result of those concerns, and in response to the recommendation of the Committee, I am considering further investigation of the use of ETSU-R-97 in the North.

I aim to complete an urgent review of strategic policy on renewable energy following the publication of the SPPS and during 2015-16, and I will consider this matter as part of that review.

Gerry Kelly (Sinn Féin, Belfast North)

Gabhaim buíochas leis an Aire as a fhreagraí go dtí seo. I thank the Minister for his answer up to now. He said that he will do a review. Can he give us some indication of when he plans the update? I notice that you said 2015-16 in terms of the noise control regulations. Do you have a date for that? Will it be done in this mandate?

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank Mr Kelly for the question. When I heard that I was going to be asked a question about my assessment of ETSU, my answer was going to be that he has not done that much for Everton since he came on loan from Chelsea.

The Member's question is around the review that I have pledged of PPS 18, which is the wider renewable energy policy. I very much intend to do that this year, which, obviously, is my last year, potentially, as Minister of the Environment. It has always been my intention that, following the publication of the strategic planning policy statement, each component of that statement would be subject to a comprehensive review. It is my intention that the first components of that review will be the more controversial aspects of it, namely PPS 18, pertaining to renewable energy, and PPS 21, with which the Member's more rural colleagues are very well acquainted. However, I have to wait until the SPPS is published until I can proceed with these reviews. The SPPS is currently awaiting approval by the Executive.

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

4. Mr McGlone asked the Minister of the Environment to outline how prosperity agreements can contribute to tackling climate change. (AQO 7935/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

Climate change is one of the key societal challenges of the 21st century, with transport, business and agriculture all contributing to greenhouse gas emissions in Northern Ireland. I am committed to bringing forward a climate change Bill in the next Assembly, and my Department is also being proactive in seeking to address this challenge through innovative regulatory practices in advance of any legislative instruments. Prosperity agreements are voluntary agreements through which the Northern Ireland Environment Agency (NIEA) and an organisation can realise opportunities for reducing the environmental impacts of energy and material use in ways that create prosperity and well-being.

To address the challenge of climate change requires a business and the regulators to take a radical new approach. Companies need to change the way they operate and recognise the environment as an opportunity rather than a barrier. This requires a partnership approach with the regulator.

The first agreement, signed with Linden Foods, included a target to reduce carbon emissions from the company’s operations by a staggering 25% through investment in new refrigeration equipment. Prosperity agreements support responsible businesses that seek to move beyond minimum compliance and harness market value from innovation. A prosperity agreement can also enable the Department to leverage sector-wide change, influencing the supply chain — in this case the agriculture sector — to take action on reducing its carbon footprint. The recently signed agreement with Lafarge Tarmac includes the commitment to use alternative fuels in its cement kiln, helping to reduce fossil fuel dependency and use former waste materials as a resource. All future prosperity agreements will also include actions relating to climate change adaptation or mitigation.

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

Go raibh maith agat, a LeasCheann Comhairle. Mo bhuíochas leis an Aire as an fhreagra chuimsitheach sin. I thank the Minister for his comprehensive reply. Can he give us some more detail about the prosperity agreement that exists with Lafarge in Cookstown? How does that work and when did it come in? That is the type of detail that I am asking for.

Mark Durkan (Social Democratic and Labour Party, Foyle)

The second prosperity agreement was signed with Lafarge Tarmac on 5 March this year, and it focuses on the innovative use of waste-derived fuels to secure jobs and better environmental outcomes in its Cookstown plant, in the Member's constituency of course. The agreement is a public document and is available on the Lafarge Tarmac and NIEA websites. Details of the agreement include that Lafarge Tarmac will reduce fossil fuel or coal dependence by 35% through alternative fuel substitution. Lafarge Tarmac will reduce its total carbon emissions from production by a minimum of 10%.

That is the equivalent of taking 6,500 cars off the road. That is how big an impact we are talking about. We are also exploring options for the reuse of known Northern Ireland waste streams; for example, gypsum, chicken litter, meat meal and bonemeal, and tyres. That will obviously reduce the amount of waste to landfill.

Lafarge will examine options to reduce emissions from transport, including in its haulage supply chain and staff. There will also be improved public access to the key European geological features that are found in the Ballysudden area of special scientific interest (ASSI), which is in the Cookstown quarry. It is also worth noting that Lafarge has undertaken to work with key stakeholders to develop a renewable energy strategy and to examine further options to reduce packaging. I think that those are very responsible actions that that company is taking. However, it is not taking them sheerly for the environmental benefit; it can clearly see, as these prosperity agreements highlight, that there can be win-wins and that what is good for economics can also be good for the environment.

Cathal Boylan (Sinn Féin, Newry and Armagh)

Go raibh maith agat, a LeasCheann Comhairle. Gabhaim buíochas leis an Aire as ucht a fhreagra. Thank you, Mr Deputy Speaker, and I thank the Minister for his answers. How do the powers that the he has transferred to local authorities assist them in tackling climate change?

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank Mr Boylan for that question. The restructuring of local government was about not just reducing the number of councils but increasing its powers and responsibilities. One of those new powers, which has been spoken of a lot with perhaps not a lot of understanding or maybe even realisation of its potential, is community planning. I think that it is a very important vehicle through which councils can take a real hands-on approach to improving the economy, the environment, and their own area's social health and well-being. I put environment in the middle there, but I think it is very much a central plank of what new councils could and should be doing.

Regarding the powers that have transferred to allow them to do that, councils clearly have in their own gift the ability to have their own waste policies. Many of them do, and they are working together in their new councils to formulate waste policies that not only prove to be good value to the ratepayer but that help us, as NI plc, to meet European targets. If you look at the estate of councils, such as the number of public buildings that they have and vehicles that they own, you will see that all councils will already be looking, as purely a cost-saving exercise, at how they can reduce energy use. I also very much think that, if any of the councils have potential new builds, we should put pressure on them to make them carbon-neutral buildings. I do not know whether I can do that legislatively or through regulation.

Anna Lo (Alliance, Belfast South)

I very much welcome the Minister's announcement of reviewing urgently the ETSU-R-97 and of introducing the climate change Bill. Can the Minister be a bit more specific about the timescale for bringing in the climate change Bill and about whether he is going to put in targets for mitigating measures?

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank the Member for that question. I referred to the fact that the clock was ticking in my office, or on my time in it anyway, and that, therefore, work is already well under way. Given the groundwork that is necessary to proceed with legislation, over the past 18 months to two years, I have been involved, as have my officials, in extensive and intensive discussions with representatives from a number of sectors, including from agriculture, industry, the environmental NGO sector, and with officials from other jurisdictions about how we could and should best progress any climate change legislation.

The challenges facing us in the North, while not unique, certainly differ from those in other UK jurisdictions. That is why it is important to look at the Republic of Ireland, with which we share a very similar economy, given, for example, our dependence on agriculture. We have to work closely with them and look at their incoming climate change legislation when shaping ours. It is vital that we as a Department do not do that in isolation, and the input from those sectors to which I referred earlier is and will be vital. The ball has started rolling; it is important that momentum is sustained and that I keep my shoulder to it.

Pam Cameron (DUP, South Antrim)

5. Mrs Cameron asked the Minister of the Environment for an update on the proposed Arc21 incinerator at the Hightown site, Newtownabbey. (AQO 7936/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

The Arc21 planning application for the development of a residual waste treatment facility at Hightown quarry, Mallusk was submitted to the Department on 27 March 2014. The application was accompanied by a voluntary environmental statement. Consultations were carried out with a wide range of statutory bodies, including NIEA, Antrim Borough Council's environmental health department, Transport NI and the Public Health Agency. Following receipt of comments from consultees, a request for further environmental information was issued to the agent last July. The further information was submitted in September 2014 and was advertised in the local press. It included further information from NIEA, environmental health and Transport NI. Consultations were issued to the relevant consultees and all responses have now been received.

I am aware of the very high level of objections to the proposal. There have been 3,258 letters of objection to date, the main issues raised being visual impact, traffic impact, health implications, odour, noise, house values, proximity to residential areas, economics, tourism impact, environmental impact and the adequacy of the environmental statement. No letters of support have been received to date.

This regionally significant planning application is still under consideration, and my officials are currently in the process of making a recommendation to me through a comprehensive development management report. I will fully consider all relevant material considerations, including the views of local objectors, before making a final decision.

The operating permit application is also currently being considered by the Department, and all statutory consultee responses have now been submitted. It would be remiss of me to make any further comment until officials conclude their deliberations.

Pam Cameron (DUP, South Antrim)

I thank the Minister for his answer. I understand that he is reluctant to comment further but does he agree with me that, given the vast number of objections — 3,258 to date, as he has outlined — and the obvious lack of infrastructure at the Hightown site, it is wholly inappropriate for the development to go ahead?

Mark Durkan (Social Democratic and Labour Party, Foyle)

Given my stated reluctance to elaborate on my earlier points, I cannot, unfortunately, agree with Mrs Cameron at this stage as she has requested. The number of objections to this proposal is, I think, unprecedented, certainly during my tenure as Minister. However, the number of objections to a planning application is not and never can be a determining factor when assessing an application. I have, however, given a pledge to consider all material considerations raised by the objectors. I think that is very important. The reference by the Member to what she perceives to be inadequate infrastructure has been made in many of the 3,000-odd objections. That will receive close scrutiny from Transport NI, which is the relevant consultee on such issues.

Danny Kinahan (UUP, South Antrim)

I thank the Minister for his comments so far, and I am glad that he will take on board all the objectors' comments. Will he clarify the position on funding for Arc21? I think that £50 million or £51 million was placed in your budget by the Finance Minister.

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank the Member for that question. I was delighted when I heard that I was getting a bonus £50 million inserted into my budget by the Finance Minister. That was £50 million that I never asked for. However, I then discovered what the £50 million was for. To be precise, It is £50·5 million of financial transactions capital money from the Treasury, which has sought to identify privately financed projects that the Government can finance and then have the money repaid at a commercial rate. It is the Treasury's view that the Arc21 project could be one such project; however, it cannot be one in the absence of planning permission or a successful application for an operating permit. With that in mind, I raised objections to the fact that that money was being put into the capital budget of the Department that would ultimately be responsible for making the decisions on the planning and permit applications. However, we still have it. If the approval is not granted, that money could become available to other projects. If not, it will be taken back but at no loss to my Department or any other.

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

I thank the Minister for his previous answers. I want to ask about the point that has just been raised about the £50·5 million, and I ask without prejudice to the Minister making any decision. If, for some reason, the Arc21 project were not to go ahead, is the Minister saying that that £50·5 million could, at some point, go back to Westminster if there is no other project in which that money could properly be invested?

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank the Member for that supplementary question. The allocation of the financial transactions capital is to the DOE. The FTC fund is a Treasury loan to support the delivery of major infrastructure projects, and it is being administered — just administered — on the Treasury's behalf by DFP. As I indicated in an earlier answer, any loan must be repaid at commercial rates.

As we now know, DFP has assigned that £50·5 million from the fund to the DOE budget to assist the delivery of the Arc21 project in the event of the waste management group submitting a satisfactory business case and reaching financial close. However, in the event of that not happening and a failure to identify a similar major infrastructure project in that Department, it is my understating that that money could well go back to the Treasury. I do not know whether that money would become available to another major infrastructure project that might come forward under the umbrella of another Department, but I would be keen to explore that.

Oliver McMullan (Sinn Féin, East Antrim)

Go raibh maith agat, a LeasCheann Comhairle. Following the review of public administration, what role does Arc21 now have in addressing waste management?

Mark Durkan (Social Democratic and Labour Party, Foyle)

Arc21 is one of three waste management groups across the North. It is comprised, as each of them are, of a number of councils. It will be very much up to the councils what role is played by the waste management groups.

I have gone on record before saying that we should consider a move towards a single waste authority for all of the North rather than the three groups comprising the various councils. I think that for many reasons, not least because a lot of the proposals that have been brought forward — I am not singling out any particular one — have been fuelled as much by competition as anything else. As I said, it is up to the councils to decide how to proceed, but I meet councils regularly, and the regional waste management board has strong opinions on this — not always wrong opinions but always strong opinions. Work is ongoing with the councils to decide the best way forward. Waste is a massive issue, and it is only now with the spiralling cost of managing our waste that it is getting the attention that it deserves and requires, not just across the councils but in this Chamber as well.

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

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

Declan McAleer (Sinn Féin, West Tyrone)

T1. Mr McAleer asked the Minister of the Environment whether he is aware of reports in last week’s ‘Ulster Herald’, which stated that raw sewage may have been leaching into the River Strule for two weeks and, if so, what steps his Department has taken to investigate and remedy the situation, given the serious concerns that this raises for wildlife, public health and the aquaculture of the River Strule and, indeed, the wider Foyle basin. (AQT 2351/11-15)

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank the Member for that question. This report will cause huge concern for the public around the issues that the Member has identified, as well as for me and my departmental officials. The incident to which the Member refers was first reported to the Northern Ireland Environment Agency (NIEA) on 8 April, and a local inspector investigated immediately. The inspector informed Northern Ireland Water about the problem, and it then carried out work to remove the sewer blockage that had caused the sewage overflow and had led to it going into the watercourse.

It is understood that there were difficulties in gaining access to the site. NIEA classified this as a low-severity incident, with localised impact on the River Strule. I am not saying that low impact is no impact, but fortunately, due to the swift reporting of the incident and the swift reaction to that report, a more major incident was avoided. Contrary, however, to the report in the 'Ulster Herald', DOE and the Northern Ireland Environment Agency do not have a role in maintaining rivers, other than in securing improvements in water quality. NIEA will investigate water pollution reports and encourages the public to do so in a timely manner on our confidential pollution hotline. I would give you the number, but it would not be confidential then.

[Laughter.]

Declan McAleer (Sinn Féin, West Tyrone)

I thank the Minister for that response and for the clarification. In a second incident, again highlighted in the local press last week, the carcass of a calf was dumped in the Rylagh burn outside Omagh a number of weeks ago. Does he agree that this is reprehensible behaviour by the people who dumped it there? Given the public health concerns, does he also agree that it is entirely unreasonable to expect the local landowner or indeed any member of the public to attempt to remove the carcass themselves?