Northern Ireland Assembly, 1 December 2020

328 contributions from 58 members. The official report.

Matter of the Day

Alex Maskey (Sinn Féin, Belfast West)

Mr John O'Dowd has been given leave to make a statement, which fulfils the criteria set out in Standing Order 24, on the public inquiry into the murder of human rights solicitor Pat Finucane. If other Members wish to be called, they should indicate that by rising in their places and continuing to do so. All Members who are called will have up to three minutes to speak on the subject. I remind Members that I will not take points of order on this or any other matter until this item of business has finished.

John O'Dowd (Sinn Féin, Upper Bann)

I rise to speak on yesterday's decision by the British Government not to hold a full public inquiry into the murder of human rights lawyer Pat Finucane. I want to start by paying tribute to the resilience, courage and, indeed, dignity of Geraldine Finucane and the Finucane family in their 31-year campaign for the truth about Pat's killing.

I am conscious that, when such events and stories hit the news headlines, many victims out there reflect on the loss of their loved ones, and many victims also seek justice for their loved ones. What makes Pat Finucane's case stand out? It is this: there have been several investigations into his murder, and most of them — indeed, the most high-profile of them — have concluded, and the then British Prime Minister stated, that there were high levels of collusion by the state in his murder. What does that mean? It means that those who were tasked with, first of all, protecting Pat Finucane and his family were involved in his murder, and those who were tasked with investigating the murder of Pat Finucane were involved in his murder. How can those who were tasked with protecting him and who failed him, and those who were tasked with investigating his murder but were involved in his murder, in any real terms investigate his murder? Hence the need for a full public inquiry into his murder. Indeed, in 2001, the British Government committed themselves to an inquiry into his murder, such were the levels of concern around the collusion in this case.

Those who say — some say it in a dignified manner, others are just brutally ignorant in their response — that there are other victims out there are quite correct. However, what stands out about Pat's case is that the state was involved in his murder. In what other circumstances would this House divide or say, "Well, perhaps the British Government are correct. There should not be an inquiry"? The allegation sits. The facts sit: the state was involved in the murder of a solicitor in this society. That should concern everyone in the House, regardless of your political allegiance or your views on the conflict of the past. The state, the people who told us that they were protecting us, and the security forces, who told us that they were there for our security, plotted, planned and carried out the murder of a solicitor.

Alex Maskey (Sinn Féin, Belfast West)

The Member's time is up.

John O'Dowd (Sinn Féin, Upper Bann)

The state has now refused to carry out an inquiry into that. The state has a duty to carry out an inquiry into that.

Paul Givan (DUP, Lagan Valley)

Of course the murder of Pat Finucane was wrong. I acknowledge the barbaric nature of it, as he was murdered in front of his family. One can only imagine the trauma that that has caused, and it is clearly evident to this day, 31 years later. That pain is felt by thousands of people right across Northern Ireland. I think of La Mon. I think of Bloody Friday. I think of Enniskillen and Narrow Water. The list goes on of thousands of people who suffer as a result of the terrorist campaign of over 30 years in this country. Many of those families have had but a mere desktop exercise carried out by the Historical Enquiries Team (HET). When I think of the Finucane investigations, I think of Lord Stevens, Justice Peter Cory and Sir Desmond de Silva. I think of an inquiry, which was going to be set up under the 2005 Inquiries Act, that was rejected. I also think of the criminal conviction that was secured in the murder of Pat Finucane, which attracted a 22-year custodial sentence. Thousands of victims of terrorism could only wish for the same level of interrogation to have taken place into the murder of their loved ones.

Victims have heard loudly the special status being afforded to the Finucane family by a range of political parties in this House and, indeed, by other international political figures. When I think of those international obligations, I think of the Smithwick tribunal that found the collusion of an Garda Síochána officers with the provisional IRA in the murder of Harry Breen and Bob Buchanan. Where is the public inquiry into that collusion of the state? I think of the safe haven afforded to republican terrorism by the Republic of Ireland for decades. Where is the public inquiry into the actions of the Republic of Ireland? I think of the evidence to that tribunal linking to the Provisional IRA and of the lack of engagement and evidence provided to that tribunal. I think of members of Sinn Féin who have taken their criminal acts to the grave and denied truth and justice to the victims of IRA terrorism. I think of the United States of America and the financing and arming of the Provisional IRA. Where is the congressional inquiry into those activities?

So, yes, everyone ought to be treated equally. Everybody ought to have truth and justice. When are we going to see it from all the other actors in the terrorist campaign that took place for 30 years?

Jim Allister (Traditional Unionist Voice, North Antrim)

The murder of Pat Finucane was terrorist, brutal and extremely shocking, just like over 3,000 other murders; yet, compare and contrast the attention and the demands in respect of those.

Look at the Finucane case: it has had Weston Park; the Cory inquiry; the de Silva report; the offer of a public inquiry; legislation especially drafted to deliver that inquiry; and a criminal trial and a conviction. When I contrast that with all the rest, the deficit is staggering. Compare that with those who were burned alive at La Mon, those who smothered under the rubble of Enniskillen and those who were butchered at Kingsmills.

If we want to talk about collusion, we need to talk about all the collusion. That would include the collusion of some who have sat on Benches in the House, who were leaders of the IRA and who doubtless colluded in multiple murders. What did Martin McGuinness know about the Enniskillen bombing? What did he know about the murder of Pat Gillespie? What did he know about countless other murders? If you want to talk about collusion, talk about it across the board. If there are those who colluded, it is not a one-way street. Anyone involved in criminality deserves the rigours of the law. There should be no exemptions for Sinn Féin or anyone else. That should be the starting principle.

What we have is a hierarchy — a Finucane elite — who think that they can demand what no one else gets. Even when they were offered a public inquiry, they said, "No. We need an international judicial inquiry". Such is the elitism attaching to the matter. Of course, the bottom line is that it is all about insatiability. They are insatiable; they will never be satisfied. They would not have been satisfied with a public inquiry unless they had got to write its outcome. That is the plain truth. When they dismissed the very idea of prosecutions, it was clear that they are not interested in justice. They are interested in maximising the rewriting of history, which is why, of course, this continues to be a boil that needs to be lanced and should have been —

Alex Maskey (Sinn Féin, Belfast West)

The Member's time is up.

Jim Allister (Traditional Unionist Voice, North Antrim)

— properly lanced yesterday by the refusal, at any stage, of —

Alex Maskey (Sinn Féin, Belfast West)

The Member's time is up.

Jim Allister (Traditional Unionist Voice, North Antrim)

— a public inquiry.

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

I welcome the opportunity to speak on the Matter of the Day. As a child growing up, I was always taught that two wrongs do not make a right. It is very unseemly that we are turning the murder of one person into a green and orange issue. All of us in the House should be concerned about finding truth and justice for all victims, regardless of the perpetrators.

It is astonishing that some Members would hold the British Government and their agents to the same standards as terrorist organisations. Surely we should all expect the Government to have a higher standard than any other and to protect all their citizens.

It is a fact that the murder of Pat Finucane was supported by elements in the British establishment. The family have called for the inquiry, and I find it disingenuous for people to say that they were offered a public inquiry. Members know that the 2005 Act was brought into effect quickly to give the Secretary of State undue influence and the ability to interfere in any public inquiry and the matters and facts that might be brought before an independent inquiry tribunal. Stop messing about.

Today and last night, we saw how the British Government treat the widows and children of murdered victims in the North. They treat them with disdain. They cancelled a meeting for which the family had waited almost two years with 10 minutes' notice. That was pretty damning.

All victims deserve truth and justice. All families deserve to know what happened to their loved ones. The SDLP has always stood four-square with all those victims. I pay tribute to Geraldine Finucane and her family and all families who have had to carry that burden from the day and hour that their loved ones were murdered.

I am always in awe of their determination and of how their lives have been put on hold in their search for truth and justice. It does not end with the partner or the child of the family affected; it is trans-generational. If we are to build reconciliation in this society, we must deal properly with legacy. Yesterday, the British Government failed miserably. They failed not only the Finucane family but all families who are searching for truth and justice as they deal with the legacy of our troubled past. The clear message was that we are not to get truth and justice or the legacy institutions that families deserve and need.

Doug Beattie (UUP, Upper Bann)

I start by condemning the callous and brutal murder of Pat Finucane. It is truly a stain on our shared past. This should be a sombre Matter of the Day; it should not be used as an opportunity to hurl insults across the Chamber or to use victims to score political points. There are no winners or losers here. Hundreds if not thousands of victims across the United Kingdom, Ireland and further afield still wait for truth and justice, including my family. Nobody is looking at their case. Nobody is promoting the small man: the one who was murdered, is long forgotten and whose name does not slip off your tongue.

We have failed victims. Every one of us in the Chamber has failed victims. The Westminster Government have failed victims. The Irish Government have failed victims. We did not consult or speak to victims. We did not get them to join us when we tried to come up with a legacy mechanism, which they do not support. The Stormont House Agreement is failing because the victims do not support it. Many will scream at me and say, "Well, you are saying that because you are a unionist", and I will throw back at them that there is a Bloody Sunday family member who does not support the Stormont House Agreement's legacy mechanisms. Go to her, and tell her that she is wrong.

We need to come together and come up with something that works. It must be victim-centred. To be victim-centred, it must include the victims. We cannot deal with legacy one public inquiry at a time. Victims from across this country and these islands look at us and ask, "When will somebody help me to get justice and truth for my family member?". The reality is that nobody is even talking about them.

John Blair (Alliance, South Antrim)

It should go without saying that it is a sad set of circumstances that brings us here today, but it is probably worth repeating that in order to bring balance and measure to the discussion.

The announcement yesterday evening by the Secretary of State appears, to some of us at least, to be further foot-dragging and yet another diversion from the discovery of the facts. The failure of the UK Government to establish a public inquiry into the murder of Pat Finucane falls short of the Supreme Court ruling requiring an article 2-compliant investigation. It is a failure that brings delay to the Finucane family, who have shown great dignity in their pursuit of an outcome. Today, to Geraldine Finucane and her family, we can say only that our initial reaction is that we share their frustration and offer our sympathy.

The frustration and anger at the UK Government's decision will be shared more widely, and that is because it is difficult to see how this outcome can be regarded as in any way consistent with the 2019 ruling by the UK Supreme Court. Today, we can see that yesterday's announcement is unlikely to be the end of the matter, and the family, with others, will continue their campaign for truth. The UK Government had already accepted that collusion was apparent in this case, and they have done so again.

They have apologised again. That feet-dragging, as I have called it, around the decision leading directly to an article 2-compliant investigation suggests institutional resistance to full discovery of the facts. That further delay, with talk of review upon review — a legacy review, an ombudsman review and a policing review — adds yet further elements to a process that is now decades old. We could refer to those further processes or reviews as bringing their own resource issues or demands. We could guess as to the additional time that they will take and the additional stresses that they will bring.

There are other, more relevant factors in all of this, however. There remains in place the existing Supreme Court ruling. There remain, more importantly, the needs of victims. In the past 24 hours, we have had a stark reminder of Government outcomes falling far short of the needs of victims and a stark reminder that there are thousands of Troubles victims who seek truth and deserve justice. In this most recent case, a public inquiry is necessary owing to public-interest issues, which were highlighted by the Supreme Court. As well as stepping up urgently to address their failings of yesterday, the UK Government must now act to honour the commitments that were made in the Stormont House Agreement to implement a comprehensive process to deal with the past in Northern Ireland, a process through which most legacy issues could be addressed. That remains the most viable and achievable option for victims who are waiting, especially for those for whom time is running out.

Gerry Carroll (People Before Profit Alliance, Belfast West)

The decision not to grant a public inquiry into the killing of Pat Finucane is a shameful and despicable one. The Finucane family have already waited for far too long for truth. Yesterday's decision will only prolong their struggle and pain. The evidence regarding the murder of Pat Finucane points to state murder and an appalling level of collusion at the very heart of the British Establishment. This calculated move to block an inquiry begs the question: how far are they willing to go to cover up that collusion and state murder, carried out with impunity?

We should not, however, be surprised by that callous move. The British Empire was one where the sun never set and the blood never dried. Today, the British Government continue to try to cover up their crimes in Ireland and in the North, perhaps because the same Establishment continues to collude in murder in other parts of the world. For over 30 years, British Governments have dragged their feet and tried to cover up the collusion at the heart of this case, but this is the ultimate insult to Pat Finucane's family and other victims of collusion. I will add that former Prime Minister David Cameron effectively confirmed that collusion took place in this case.

We need more than polite words from the Irish Government. I call directly on the Taoiseach, Micheál Martin, to take a stand against this outrageous decision, because the refusal by Johnson and the Tories to hold a public inquiry should not be accepted. Just as they tried to stop justice for the Bloody Sunday victims, they are trying to stop justice for Pat and his family. Just as they failed then, they will fail again. We must show our solidarity with the Finucane family, their campaign and the campaigns of all victims of violence and state violence. It is in our interests to stand with them for as long as their fight continues.

In the past 24 hours, some have asked, "But what about other victims?". Indeed, but it is not as though shutting the door on the killing of a human rights solicitor and denying proper answers about what happened will do anything for any other victim of the state, state agents or paramilitaries. It is a real shame that some in the House are willing to defend the horrible record of the British Government in that regard, but it is hardly surprising.

Alex Maskey (Sinn Féin, Belfast West)

No other Members have indicted that they wish to speak on the Matter of the Day.

Ministerial Statement

Alex Maskey (Sinn Féin, Belfast West)

I have received notice from the Minister of Finance that he wishes to make a statement. Before I call the Minister, I remind Members that, in the light of social distancing being observed by the parties, the Speaker's ruling that Members must be in the Chamber to hear a statement if they wish to ask a question has been relaxed. Members still have to make sure that their name is on the speaking list if they wish to be called, but they can do that by rising in their place, as well as by notifying the Business Office or the Speaker's Table directly. I remind Members to be concise in asking their question.

Conor Murphy (Sinn Féin, Newry and Armagh)

I wish to provide Members with an update on the Procurement Board. Procurement expenditure accounts for some £3 billion annually, representing one quarter of the Executive's Budget. That makes the Executive a hugely significant buyer of goods, services and construction work, and there is tremendous potential to use that spending power for good.

Procurement policy is overseen by the Procurement Board, which I chair as Finance Minister.

(Mr Principal Deputy Speaker [Mr Stalford] in the Chair)

As with many areas of work, the restoration of the Procurement Board has been delayed by the pandemic. The procurement team in my Department has been focused on the response to COVID, and I thank the team for assisting in the procurement of essential PPE for our public services. In particular, working with the Department of Health and the Executive Office, it secured a £60 million order of PPE from China. In a competitive global market, that was a remarkable achievement for a small regional Government.

Today, I can announce the restoration of the Procurement Board, which will meet on 16 December. I would also like to update Members on how, with the agreement of the Executive, I decided to restructure the Procurement Board. I have completely changed the make-up of the board. Previously, almost 20 people attended the Procurement Board. That was too large a group, and I have reduced the membership by half. That will allow the group to meet more regularly and to drive forward reform.

Previously, the Procurement Board was staffed by permanent secretaries. As accounting officers, permanent secretaries have a significant interest and role in procurement, but I believe that the board should be made up of the experts who actually design and manage procurement exercises. I am therefore replacing the permanent secretaries with four procurement practitioners. From the health sector, I am appointing Peter Wilson, interim director of operations in the Business Services Organisation (BSO), who is responsible for procurement and logistics. To provide expertise in the delivery of infrastructure, I am appointing John Irvine, director of major projects and procurement in the Department for Infrastructure. Sharon Smyth, commercial director in the Department of Finance, will also be appointed, as she has extensive experience in procuring a wide range of supplies and services for Departments. From the Strategic Investment Board (SIB), which is responsible for the Buy Social policy, I am appointing Brett Hannam. The people who design and manage public contracts will, therefore, be at the core of procurement policy.

It is also important that procurement policy benefits from the expertise of the sectors that tender for and deliver public contracts on behalf of the public sector. I have therefore appointed five representatives from key sectors of the economy. From the construction industry, I have appointed Mark Spence, managing director of the Construction Employers Federation (CEF), and Denise McMahon, chair of the Northern Ireland Construction Group. To represent the manufacturing sector, I have appointed Mary Meehan, deputy chief executive of Manufacturing NI. To speak on behalf of small and medium enterprises, I have appointed Ian McClelland, director of LM Services, which is a mechanical and electrical engineering company, and a member of the Procurement Board forum for small businesses. To champion the interests of social enterprises, I have appointed Colin Jess, director of Social Enterprise NI. Those representatives will be asked to engage with their respective sectors in order to bring their views and experiences to the Procurement Board.

I thank the outgoing members for their time and commitment during the term of the previous board.

To date, procurement policy has been approved by the Procurement Board and circulated throughout the public sector through guidance notes. Compliance with that guidance has not been entirely consistent. It is, therefore, important to elevate the status of procurement policy. From now on, procurement guidance notes will go to the Executive for approval. Procurement policy will, therefore, carry the authority of Ministers, who are accountable to the public, and their accounting officers, who are legally responsible for ensuring that public expenditure provides value for money.

The new members of the board will be asked to identify problems, quickly develop solutions and bring fresh thinking to procurement policy and practice. However, I want to finish my statement by highlighting some of the immediate priorities that I will ask the board to progress.

One of those priorities is social value. I am aware that that is something that the all-party group on social enterprise chaired by Mr Stewart Dickson is also passionate about. It is important to point out that social value is not only a concern of social enterprise: there are many private sector businesses that want to contribute to social good, for example, by lowering carbon emissions or paying their staff a living wage. Those social benefits are not factored in to tenders that score only on price and quality. Therefore, I intend to bring a new policy on social value to the first meeting of the Procurement Board. With that policy, social value will be a mandatory component of procurement exercises rather than an optional add-on.

Another policy priority is security of supply. The COVID pandemic triggered a global scramble for PPE and other essential supplies. We do not want to be in that position again. It would be much better if we could source vital supplies locally rather than worrying about supply routes by air and sea. The need for secure supply routes is also heightened by Brexit, which is likely to disrupt trading relationships, particularly if the British Government fail to agree a trade deal with the European Union. A stronger focus on security of supply will, of course, benefit local businesses and help increase employment levels, so I will ask the Procurement Board to develop policy in that area.

There are many other policies that I would like the board to consider, and I would welcome Members' views on what other procurement issues they would like brought to the table.

The new structure of the Procurement Board will mean that procurement policy is co-designed by those who manage and those who deliver government contracts. That will mean that procurement policy carries the authority of Executive approval.

I believe that the changes will help to maximise the social, economic and environmental impact of the Executive's £3 billion annual spend on procurement. I welcome Members' views on the new Procurement Board and the issues that it should focus on.

Steve Aiken (UUP, South Antrim)

I thank the Minister for his remarks and for meeting me earlier today.

As the Minister is aware, the Committee wrote to him in March about the formation of the board, and, despite the delay, we welcome his statement today. There is much detail on the formation of the board, and the Committee will want to take the time to scrutinise it closely.

We have a few initial questions that we would like you to answer. First, is forming a board under your chairmanship that will seek to control and manage £3 billion — approximately a quarter of our Executive's budget, I think — appropriate, given the other instruments that are being set up through New Decade, New Approach, particularly the fiscal council? When should we expect the fiscal council to be in position?

Where are the terms of reference? Who will have primacy in the procurement process? Is the role entirely to provide policy, or is it to direct cross-Executive procurement spending? How does the Procurement Board interrelate with the services sector? Since a lot of government expenditure seems to go to the likes of PwC, Deloitte and other consultancy services, will there be a representative of the services sector on the Procurement Board?

There will be significant procurement issues, and I notice that you talk in your statement, Minister, about the importance of making sure that the Northern Ireland supply chain is given primacy. You will be aware, if we ever get any details out of the Joint Committee or the Specialised Committee, that we will still have to apply EU procurement rules and may not be able to do what, you said, you wish to do with procurement in your statement. We need some guidance on that.

Bringing outside experts into the process is welcome. I cannot think of any Member who does not welcome the external expertise. However, would you consider having an independent chairman of the board? If you are chair of the board of a procurement process that looks at significant government spending, it may seem that the best will, guidance and advice from external sectors are not being utilised appropriately to get us the best out of our procurement spend.

The Committee looks forward to getting more details on this and to your talking to us about the Procurement Board at the earliest convenience.

Christopher Stalford (DUP, Belfast South)

Not only did the Chairman of the Committee go up to the line with that series of questions, but the line is somewhere in the distance. The Minister is under no obligation to answer all the questions — I think that there were six — but I am sure that he can try.

Conor Murphy (Sinn Féin, Newry and Armagh)

I also identified six questions and will attempt to answer them.

In relation to the fiscal council, as with the Procurement Board, COVID-19 has impacted on the speed at which we have been able to deliver on that New Decade, New Approach commitment. However, we are at an advanced stage, and I hope to bring proposals to the Executive in relation to that very soon. The terms of reference will be signed off in the next day or two, and we will ensure that the Committee is informed of them.

On the role of the board and the chairing of it, one of the consistent complaints has been about a lack of consistency, in that procurement policy and guidance have been the property of the Procurement Board but have not necessarily filtered down through Departments and into arm's-length bodies and agencies. To ensure consistency of delivery, authority is being given to the Executive because they will pass the procurement guidance notes and will be responsible for authorising them. My role in chairing the board, as an Executive Minister, will be to ensure continuity through to the Executive and for that Executive authority to flow down through Departments, through permanent secretaries and Ministers, to make sure that there is follow-through.

There have been good procurement policies and guidance notes, but they have somewhat slowed as they have moved down the chain through Departments and not necessarily been reflected in output.

We want to ensure that this is not just an organisation or a board that produces policies for the sake of having documents, but one that changes the way that business is done.

The consultancy sector is a varied one, as the Member knows, as is the service sector. We have looked for sectors that have groups that represent the broad sector from which to draw expertise. If other sectors are identified where there is a gap, I will be happy to look at that again to see whether that sector can come together and whether there is an organisation that might represent it and make someone available from it.

On the question of supplies, as a response to the pandemic, we did have local businesses and manufacturers that stepped up and repurposed their output. I am thinking of firms such as O'Neills, which supplied scrubs, and Bloc Blinds and Huhtamaki, which produced PPE gear. They were very effective and very successful, and the issue of security of supply is something that, increasingly, all governments across the world will be looking to. Clearly, the experience during the pandemic was around the difficulty in accessing that critical supply that was needed very quickly by the health service. We need to look at that, and it is doable within whatever arrangements we have with Europe beyond 1 January. We need to ensure that, if local manufacturers are going to repurpose, they have a guarantee, or at least a huge degree of certainty, about an ongoing contract and ongoing demand for the goods that they might supply.

Paul Frew (DUP, North Antrim)

I thank the Minister for his statement. I can certainly tell that he is hungry — hopefully, hungry for reform. I want to pay tribute to my colleague William Humphrey, the Chairperson of the Public Accounts Committee, who has been pushing for some time now for private-sector influence on the Procurement Board. The Minister said that compliance with the guidance had not been entirely consistent in the past. Can he outline to the House what he means by that? Also, he told us that procurement guidance notes will now go to the Executive for approval. How were they approved before?

Conor Murphy (Sinn Féin, Newry and Armagh)

The lack of consistency is reflected in the fact that some policies and guidance that the Procurement Board brought forward, particularly in relation to social value, were seen as optional add-ons rather than being essential. We want to give the board more expertise to develop better policies in a quicker way by having key people involved. That is not to disregard the permanent secretaries, but there would be duplication if a policy went through the permanent secretaries and ended up in the Executive, and then the Executive gave it the authority. Previously, the guidance notes were approved by the board itself, and that was the extent of their status. This time, the guidance notes will be approved by the Executive, and there is then a responsibility on Executive Ministers, and on their accounting officers, to make sure that those guidance notes are followed through by their own Departments, arm's-length bodies and agencies.

The guidance and policies that are produced will have more teeth and more enforceability, which, in turn, gives them more consistency. Depending on the attitude of a permanent secretary, it may have been that some Departments were keen on pursuing and promoting the issues, while others, perhaps, were not. We want to get consistency across the board and we want to ensure that there is a level of expertise within the board to get the best possible policies and guidance notes.

Martina Anderson (Sinn Féin, Foyle)

I welcome the Minister's statement. For far too long, the social component of procurement contracts was the least enforced. Those who are further away from the labour market, particularly the brokers, have found it very difficult to get access. Will the Minister ensure that the more robust monitoring and enforcement that he mentioned in his statement will mean that the £3 billion of public money that is spent yearly on this process will result in training and job opportunities for those in greatest need in the most deprived areas, such as Derry city and beyond?

Conor Murphy (Sinn Féin, Newry and Armagh)

Yes, that is the intention. On the social value end, we have brought in the Strategic Investment Board (SIB), which was largely responsible for the Buy Social policy. When it comes to the other issues of employment, apprentices and the long-term unemployed, we want to ensure that that consistency travels down through. That is why the involvement of the construction industry on the board itself gives us that interface so that we can see what the issues are from the other side. It is one thing to produce policies through civil servants and public representatives but another to engage with the sector that has to implement them.

We had a useful discussion with people in the Derry area in relation to how some of this had not made its way onto the ground. Those are the sorts of issues that we want to correct through our engagement with the board. We want to ensure that it is effective, that there is a clear understanding of where the policy becomes unstuck in its practice and that we fix those things to make sure that the desired outcomes are achieved.

Matthew O'Toole (Social Democratic and Labour Party, Belfast South)

I want to ask the Minister more about the process of procurement policy, specifically guidance notes going back to the Executive. It is fair to say that, this year, the Executive have not always covered themselves in glory with regard to the timing of their decision-making, notwithstanding the unique circumstances. Will the Minister assure us that the notes that go back to the Executive will not gum up the process of procurement, jeopardise the inclusion of actual, real social value aims or allow this simply to be another tool for divvying up favours between certain parties in the Executive?

Conor Murphy (Sinn Féin, Newry and Armagh)

I cannot, in turn, ask the Member to explain. His point that procurement policy is used for "divvying up favours between parties" in the Executive requires some explanation. That is an outrageous statement. I ask the Member to justify it in some other place. He is accusing people of corruption — of divvying up procurement favours in the Executive.

His party has a member on the Executive. The Executive have had plenty of well-documented disagreements over key issues. They have also produced a range of agreements on a multitude of issues, and I do not see those issues becoming of significance. I brought the proposal for a reconstitution of the board to the Executive, and no dissenting voices were raised. I outlined my ambition to have a more effective social value policy and procurement and more consistency in the application of policies. All of that was agreed by the Executive, so I do not anticipate any difficulty in that regard.

I am not sure how the Member intends to stand over the last remark of his contribution. I know that he has the cover of this institution for such remarks, but, if he is making an insinuation that there is divvying up in procurement among Executive parties, he has an obligation to stack that up or withdraw it.

Matthew O'Toole (Social Democratic and Labour Party, Belfast South)

On a point of order, Mr Principal Deputy Speaker. I want to make clear that, when I talked about divvying up, there was no suggestion that I was talking about the procurement of individual contracts. I did not say that. The Minister has read too much into what I said. I said that there is an issue around things going to the Executive and becoming part of the political bartering. That was the point that I was making. I think that it was fairly clear in my remarks, and I stand by them.

Christopher Stalford (DUP, Belfast South)

Strictly speaking, I do not think that that was a point of order, but the Member has put on the record his intention. It is important that, at all times, Members speak to each other with moderation and tolerance. I suppose that "tolerance" is as good a word as any. However, I understand that Members have strong views. The Member's remarks are on the record and clarification given.

Andrew Muir (Alliance, North Down)

I thank the Minister for his statement. Procurement will play a vital role in the economic recovery that we will need in the years following COVID-19. One of the key issues, which the Minister will be aware of, is an infrastructure commission. Proposals have been circulated in relation to that. Will the Minister provide an update on his views on those proposals and how it would interact with what has been announced today?

Conor Murphy (Sinn Féin, Newry and Armagh)

There is a range of reasons why we want to see the most effective use of significant amounts of capital money for infrastructure. We want to see it being spent well, we want to see maximum value and return for it and we want to see the maximum contribution to the local economy as a consequence of that spend. Construction is a key component of our local economic activity, and, where possible, we want to see local construction companies benefit. Having the Construction Employers Federation, as well as the person responsible for procurement policy in the Department for Infrastructure, represented on the procurement board, brings a new level of expertise in that regard. I hope that that will see better outcomes in procurement, which is something that we all want to achieve.

Mervyn Storey (DUP, North Antrim)

I welcome the statement. The Minister will be aware that I, as a former Finance Minister, raised concerns about procurement in the past. I trust that today's announcement is about more than a name change, as was the case previously. We had the famous change from CPD to CPD.

[Laughter.]

I have to say that that was a surreal moment in the Civil Service. I trust that we will see real progress. I welcome the fact that the construction industry is now involved.

I seek clarification from the Minister on two things, although I could be wrong about them. First, with regard to the involvement of the Department of Education — I declare an interest as a governor of two schools in my constituency — the procurement processes in that Department are woeful. We are being done over in that process at a cost to the public purse. Secondly, will the Minister explain what the relationship will be between the board, as reconstituted, and CPD, because many are still sceptical as to whether we can get delivery on procurement?

Conor Murphy (Sinn Féin, Newry and Armagh)

I thank the Member for his questions. He has raised those issues in the past. I am not sure whether the dramatic change from CPD to CPD did not happen under his watch

[Laughter.]

However, there is a clear intention. This is not just a name change for the board; it is a change of personnel. Procurement is being taken out of the hands of permanent secretaries. That is not to cast any aspersions on the people who served on the board; I thank them for their service. It is to bring in, as the Member says, expertise from various sectors. Among the people on the board, we want departmental representatives who deal with procurement. I know that Education is a gap, but that does not mean that there is no ongoing consultation with Departments. Sharon Smyth of the Department of Finance will have responsibility for engaging with Departments that are not represented on the board. Education is a significant spender of public money in public contracts, so there will be that read-across.

The clear intention is for a new start. It is a reconstituted board that comes from a different place as regards who is involved. We want people who represent industry — construction or SMEs — and for them to engage with their sectors in order to bring forward their views. The intention is to create a facility so that people can give information privately on any complaints. Previously, people might have felt that, if they made a genuine, legitimate complaint publicly about the main contractor, that might be detrimental to their ability to do future work. We want to create a facility in which people have an opportunity to register issues with the board in a way that protects them from any blowback, if that were the case with relationships in contracts.

This is a genuine attempt to do things differently. We will have to test that as we go along, but I hope that, in the not too distant future, the Member will recognise that there is a different way to do things.

Mervyn Storey (DUP, North Antrim)

On a point of order, Mr Principal Deputy Speaker. It seems that Members can clarify things that they have said. May I clarify that the name change did not happen under my watch? However, it happened during a suspension of the Assembly, so perhaps the Finance Minister and his party should take responsibility for it

[Laughter.]

Christopher Stalford (DUP, Belfast South)

I do not think that I need to rule on that

[Laughter.]

John O'Dowd (Sinn Féin, Upper Bann)

On a point of order, Mr Principal Deputy Speaker. I wish to clarify whether points of order are allowed during a ministerial statement and the questions that follow?

[Laughter.]

I believe that they are not.

Christopher Stalford (DUP, Belfast South)

That is a legitimate point of order and is, therefore, unique this morning. The Member is, of course, correct.

Maolíosa McHugh (Sinn Féin, West Tyrone)

Ba mhaith liom buíochas a ghabháil leis an Aire as a ráiteas. I thank the Minister for his statement. This is a good opportunity for change. I will be more specific. In order to ensure that social value is incorporated into procurement contracts, will the board consider a minimum score for social value alongside price and quality?

Conor Murphy (Sinn Féin, Newry and Armagh)

That would be an effective way to achieve that. If the focus is just on price and quality, we lose the ability to give proper consideration to social value. Social value is about many things. It can be about a more green approach to construction, as well as having social outcomes in employment by ensuring that there is spend in certain areas and access for people from communities and social enterprises that can provide services. There is a whole range of measures. Scoring contracts in a way that guarantees that social value is a component part of procurement is an effective way to do that.

John O'Dowd (Sinn Féin, Upper Bann)

Perhaps, if guidance is to be approved by the Executive, that will lessen the litigation against contracts. Given the scale of the contracts awarded at times, it is unsurprising that judicial reviews (JRs) etc are brought, but we have to reduce those. Will the Minister ensure that the Procurement Board looks at how legal action can be minimised? Several weeks ago, the Economy Committee received a presentation from the Law Society on mediation in such matters. Will the Minister ask the Procurement Board to look at that process as well?

Conor Murphy (Sinn Féin, Newry and Armagh)

Yes, as I referenced in my response to Mr Storey, litigation is really the end point. It happens when someone is dissatisfied with how a contract has been awarded. Litigation holds up capital projects in particular and can have a significant and detrimental impact on economic activity generally. That is not to say that people are not entitled to go to court if they feel strongly that they have a case to make, and we would not deny them that. However, there is an opportunity to have some kind of mitigation process at an earlier stage, which is why I will ask the board to consider an alternative service to allow suppliers to raise their concerns and, in some instances, to provide a private opportunity for them to do so. Business relationships are at the heart of procurement, and people are often reluctant to speak out in case damage is caused to those relationships as a consequence. We want an alternative measure that enables suppliers to raise concerns confidentially, and we want the matter to be independently reviewed. That will be a key part of it, and, hopefully, it will have the effect of offsetting the possibility of people going to court. While people are entitled to go to court, it undoubtedly holds up processes and has an impact on budgetary spending.

Pat Catney (Social Democratic and Labour Party, Lagan Valley)

Minister, your statement says:

"Compliance with this guidance has not been entirely consistent."

How will that be measured by the new Procurement Board? How will it measure success?

Conor Murphy (Sinn Féin, Newry and Armagh)

Success will be measured by the consistent application of policy and guidance notes. In the past, we have found that, sometimes, consistency did not filter down through Departments. The approval of guidance notes and procurement policy by the Executive gives them a strength that they did not have. There is an obligation on Executive Ministers and accounting officers in Departments to follow through on that. Monitoring by the board will ensure compliance and find where that is not happening. As outlined, we will have representatives from the sector. If the board finds that the policies are not coming through at the bottom end or that compliance is not the practical experience of people applying for contracts and engaging in the provision of services, we will quickly hear about that. It is the board's responsibility to challenge that where necessary.

Mike Nesbitt (UUP, Strangford)

I am still trying to get my head around the fact that Mr O'Dowd used a point of order to make it clear that points of order are out of order at this time.

I thank the Minister for his statement. I particularly welcome the appointment of Colin Jess to represent the social enterprise sector. It is also reassuring that the Minister of Finance's grasp of mathematics is sound enough to be able to identify how many questions the Committee Chair squeezed into his remarks.

Minister, you talked about social value and included the private sector. Will you expand your definition of social value and advise whether you intend to legislate and include that in a social value Act?

Conor Murphy (Sinn Féin, Newry and Armagh)

I thank the Member for his question. He squeezed in a few questions there himself

[Laughter.]

I have to say that, in my experience, Mr O'Dowd's contribution was not the most surreal thing ever to have happened in the Chamber — not by a long shot

[Laughter.]

Social value includes a range of things, such as a greener approach to doing business or paying the minimum wage, and many private sector companies wish to engage in that. If that was a part of the scoring for the award of contracts, many in the private sector would embrace it and not see it as a burden. I am sure that the Member has had the same experience of speaking to the many people who want to deliver better outcomes for society as well as securing contracts and improving their business.

Clearly, any social value policy is much stronger when underpinned by legislation. The Department's procurement side has been very much involved in assisting other Departments to get supplies over the COVID period, and I am not certain whether there is enough time left in the mandate to legislate. We have asked officials to explore the possibility. If there is an opportunity to do social value legislation in the time left, I will be happy to do it.

Jemma Dolan (Sinn Féin, Fermanagh and South Tyrone)

Minister, thank you for your statement. Many school principals ask for more flexibility for minor procurements. Will the Procurement Board consider that?

Conor Murphy (Sinn Féin, Newry and Armagh)

Yes. We need to get that balance right. At Question Time last week, I said that many elected representatives can give examples of where things are procured for significantly higher prices than they can be got for locally. There is a balance to be struck between ensuring that there is transparency and accountability in buying arrangements — public money is being spent — and making sure that there is flexibility at a local level to get supplies for the best price that they can be got for locally, while contributing to the local economy. The Procurement Board will therefore undertake to strike the right balance.

Stewart Dickson (Alliance, East Antrim)

Minister, I warmly welcome your statement and, indeed, your reference to the all-party group on social enterprise, which has been lobbying for a lot of what you are proposing today for some eight years. Following on from Mr Nesbitt's question, you already have on-the-shelf legislation ready to run to deliver a social value Act for Northern Ireland. We will, in many ways, be playing catch-up with the other four nations of the United Kingdom and the Republic of Ireland, where social value legislation is well embedded. It is slightly disappointing to hear that that may not be achieved in this mandate. In your statement, Minister, you said:

"social value will be a mandatory component of procurement exercises".

How will that work in Northern Ireland?

Conor Murphy (Sinn Féin, Newry and Armagh)

First, if I can legislate in this mandate, I will — I give the Member that assurance — but I want to ensure that we have sufficient time to do that. He will know that, if we start a legislative process and it does not conclude, it falls off the shelf at the end of the mandate and we have to start all over again in a new mandate, with whomever might be in the post. Since I came into the Department, it has been my intention to do that, but other priorities, such as responding to the pandemic, took over.

In my view, if the policies and guidance notes that the Procurement Board send to the Executive are approved, they will have Executive approval as a policy. Each Department — the permanent secretary and staff — will then be obliged to follow through on that, as will arm's-length bodies and the agencies. As I say, because we now have people from various sectors on the Procurement Board, they can see whether that filters down to where it is supposed to achieve an outcome on the ground. We want to hear from people in the social enterprise sector and in all the other sectors to ensure that those polices are followed through on. If there is an opportunity to legislate — I would like to do it — I certainly will.

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

I thank the Minister for his statement. Minister, you will be aware that international contractors win some of the biggest contracts and then subcontract and subcontract until most of the money is sliced off for management rather than for the product. How can you legislate to prevent such occurrences?

Conor Murphy (Sinn Féin, Newry and Armagh)

You tend to find that, depending on the size of the contract, it can attract more international attention, and contracts can be framed in such a way as to be broken up for the various sectors, which perhaps makes them more within the range of local employers and local companies. Of course, you have to do that in a way that is correct under the guidelines and rules, and we are still not sure what the hangover from the exit from Europe will mean for state aid and all those rules. Even within those guidelines and rules, there are ways of doing procurement that can support local companies as much as possible. As it stands, local companies get about four out of every five contracts, but, of course, it is the quality and size of those contracts that needs to be measured. Where that can be achieved, it is a desirable outcome. It has to be done within regulations, but we need to do procurement in a way that provides maximum support to the local economy.

Rachel Woods (Green, North Down)

I thank the Minister for his statement. On Mr Aiken's comment about an independent chairman, an independent chairwoman would be good too.

The Minister will be aware that we have an opportunity not only to build back better from COVID but to tackle our climate emergency through a just transition. What consideration will be given to a green, sustainable procurement by the board? Can it be mandatory? What role will there be for cooperative models in procurement, focusing on community wealth building and working with councils? Perhaps I can also ask what he means by the reference to "living wage" on page 5 of his statement.

Conor Murphy (Sinn Féin, Newry and Armagh)

Firstly, yes. The Executive have targets on green outcomes and carbon-emission reduction. I would like to see those reflected, as they should be, in our procurement policy, because the Executive cannot just argue for those things and then spend £3 billion and not try to use it to effect the outcome of their own policies. I think that that will be a key component in procurement. The Living Wage Foundation has outlined the definition of a living wage, and that is the definition that I work to.

Jim Allister (Traditional Unionist Voice, North Antrim)

Can I bring the Minister back to the point that Ms Dolan raised about the lower end of the procurement market and her example of schools? Hitherto, if a school had a broken window, it would bring in a local handyman and have it fixed for very little. Today, the school reports it to Armagh or wherever, someone comes and looks at it, someone comes back and somebody comes out again, and the cost is phenomenal. Will the Minister consider bringing to the table of the board a proposition that there should be an exemption threshold below which local service needs can be met by the local management in the way that, formerly, it was done?

Conor Murphy (Sinn Féin, Newry and Armagh)

It is interesting that people in procurement will not have heard the stories that all of us, as elected representatives, hear in conversations with school principals, who say, "I could get a local guy or woman to fix something, and it would cost a tenth of the price". There is a threshold, but I think that we need to examine it to see whether it is sufficient in its application.

As I said to Jemma Dolan, there is a balance to be found between transparency and accountability, with people not giving contracts in schools or any other public-sector procurement operation to their brothers-in-law or cousins, and value for money. Procurement is about value for money. One of its primary functions is to ensure that public spend gets value for money, so, where practices at a local level clearly do not give value for money, we have to look at that, but we also have to make sure that we have that transparency and accountability built in.

Roy Beggs (UUP, East Antrim)

The Minister just mentioned value for money. Will he ensure that when the Procurement Board meets it recognises that big is not always beautiful and that that sometimes limits competition and results in significant subcontracting, where the control is lost? For example, painting a classroom can cost two or three times more than getting a local painter.

Conor Murphy (Sinn Féin, Newry and Armagh)

That speaks to the previous conversations that we have been having on all that. I think that it is about finding a balance between ensuring that you get transparency and accountability and value for money at a local level with small contracts. As I said, four out of five contracts are won locally, but that, obviously, depends on their value. That is why there is value in having people in from the various sectors. You then have people who are practitioners of how procurement works. It is one thing having a very good policy that we can all support, but it is another thing to see how the experience of that impacts on the ground and how it works in practice rather than in theory on the paper that it is developed on. I think that that will be the value of having those various sectors, and they in turn represent the voice of the industries and the sectors that they come from. Also, we have that function of hearing confidentially from people out in the world where people procure and enact these contracts. That will all be valuable, but, on local spend, it is about getting the balance and the threshold right on that.

Christopher Stalford (DUP, Belfast South)

No other Member is rising in their place or indicating to me, so that concludes questions on the statement. Before I move on to the next item, I will say to Members that, during questions to the Minister, I reviewed my copy of Standing Orders. Standing Order 19 relates to questions, and (2)(b) of that Standing Order states that questions should not contain "arguments, inferences or imputations". The use of the words "divvying up" has an imputation attached to it. I would never wish to curtail debate or free expression, but I remind Members of their obligations under the rules of the House. Members, please take your ease while we move to the next item of business.

Executive Committee Business

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I beg to move

That the Harbours (Grants and Loans Limit) Bill [NIA Bill 12/17-22] proceed under the accelerated passage procedure.

Christopher Stalford (DUP, Belfast South)

The Business Committee has agreed that there should be no time limit on this debate. I call the Minister for Infrastructure to open the debate on the motion.

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I welcome the opportunity to address the Assembly on the motion. This is a key time for our maritime sector as it aspires to thrive and strengthen. Unfortunately, the sector, like others, has faced financial challenges as a result of the COVID-19 pandemic. Members will agree how important it is, at this time, that our key gateway seaports have sufficient capacity to facilitate future economic growth, adapt how they do business to respond to current challenges, and are connected to key destinations and markets. Accelerated passage is not to be sought routinely; nor is it something that I do lightly. My preference, when taking forward legislation, is to have a full Committee procedure, enabling clause-by-clause scrutiny and the resolution of any issues, there and then, to the satisfaction of the Committee.

I will now explain to the Assembly, as required under Standing Order 42(4), why I am seeking accelerated passage, the consequences of its not being granted, and how I will minimise the future use of that mechanism.

I believe that there are compelling grounds for the use of the accelerated passage procedure in the case of this proposed legislation, which is a short and concise Bill to increase the total amount of grants and loans that my Department can provide to ports. The existing total limit of £35 million was set in 1989, and, working with colleagues in the Department of Finance, a new grants and loans limit of £90 million has been agreed. That will enable my Department to react appropriately to the current and future challenges faced by the ports. The total amount of loans and grants made by my Department to the ports over the years counts against the total limit indefinitely. It does not decrease in line with depreciation nor with loan repayments, and the total currently stands at £34·3 million. If all the potential future loans, identified by the ports to date, were to materialise over the next five years, it will require a further £27 million, making the total £61·3 million. These figures do not take into account any additional grants or loans that may need to be provided to the ports because of the additional financial pressures being placed on them as a result of COVID-19 or to facilitate future developments in a post-Brexit world.

I turn now to the consequences of accelerated passage not being granted. As the North's ports continue to develop their port operations and to diversify their business, they will continue to make loan applications to my Department over the next few years. If accelerated passage is not granted, my proposed legislation will not be in place in time to be able to continue to provide financial assistance to the ports, particularly in the short term. That could have dire consequences for the ports and for the local economy. It would be a poor reflection on the functioning of the Executive and the Assembly if we did not move quickly to address a potential risk to our crucial gateways for trade. The North's main commercial ports have all agreed that there is a need for the increased loan and grant limit.

With regard to minimising the use of the accelerated passage procedure in the future, I have already mentioned my full commitment to clause-by-clause scrutiny at Committee Stage under normal circumstances, but we are not in normal times. I will continue to take any necessary steps to ensure that the accelerated passage procedure is not unnecessarily sought by my Department. In accordance with Standing Order 42(3) of the Northern Ireland Assembly, I appeared before the Committee for Infrastructure on 23 September to explain the need for accelerated passage for the Bill and to outline the consequences of its not being granted. I thank the Chair and members of the Committee for their recognition of the need to expedite the Bill and for their support in seeking Assembly approval for accelerated passage.

Members will have an opportunity to raise issues on the detail of the Bill during its Second Stage debate. In the interim, I seek the support of the House for use of the accelerated passage procedure and look forward to hearing Members' comments.

Michelle McIlveen (DUP, Strangford)

The proposal for accelerated passage of the Bill does not sit well with the Committee for Infrastructure. Like most Members, the Committee believes wholeheartedly that legislation should be afforded the full scrutiny of the Assembly processes, which includes Committee scrutiny. I welcome the Minister's acknowledgment of that today.

The Committee was notified at the start of September about the proposal for this Bill and discussed it during its strategic planning meeting on 9 September. The Committee asked the Minister to brief it on the Bill, and during that briefing on 23 September the Committee sought clarity on three aspects: what the Bill is expected to do; whether it does it; and why the Minister is seeking accelerated passage.

During the briefing, the Minister and her officials explained that Northern Ireland's ports are governed by the Harbours Act (Northern Ireland) 1970, and that this includes funding. Under the 1970 Act, ports are expected to fund their own capital investment, while the Department is able to make loans and grants to assist with major developments. However, this assistance from the Department is limited under the 1970 Act and shall not exceed £35 million. The Minister explained that, given future uncertainties, the need to build additional infrastructure and the added issue of the financial difficulties resulting from the reduction in freight and shipping volumes through ports as a result of the pandemic, there is a need to raise this existing total limit of £35 million. Therefore, the Committee accepts the what and the how behind the Bill.

However, the Committee has been less willing to accept the need for accelerated passage. In the course of the briefing it was established that the 1970 Act, which governs the funding, was last amended to raise the amount that the Department could provide to the ports by way of grants or loans in 1989, some 31 years ago. Therefore, this is legislation being rushed through by accelerated passage — an emergency measure — when there have been 31 years to plan for an increase in the funding limit. On questioning, even the Minister said:

"It seemed strange to me that we had not looked at the issue and that it had not come up before."

The Committee recognises that the increase is required in the circumstances to ensure the smoothest possible working of our ports in these difficult times. However, surely there must have been someone in the Department with the foresight to see this coming and raise this matter earlier. That would have avoided the need for accelerated passage and given this House its place in properly scrutinising the legislation it signs into law.

The Committee reluctantly accepts that, at this moment, accelerated passage is required. The Committee for Infrastructure therefore agrees to there being accelerated passage of the Harbours Bill. However, it would like to be very clear that, in this case, accelerated passage has only become necessary because of the inaction of the Department; it is not because of events. The Committee for Infrastructure therefore supports the motion that the Bill proceed under the accelerated passage procedure.

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

I welcome the Minister's presentation of the legislation today, even though it is by accelerated passage. The Minister made it very clear that that is not, and never will be, her favoured route, but necessity has enforced this action. I think that the majority of parties in the House have held that departmental portfolio and have therefore had responsibility for the ports. This is fairly straightforward legislation that will enable the ports to meet the challenges of not only COVID but Brexit. I therefore support the Minister's legislation before the House.

Martina Anderson (Sinn Féin, Foyle)

I thank the Minister for being here and for introducing the legislation. As the Chair said, we, as a Committee, have scrutinised the legislation and the need for accelerated passage. This is not how any of us want to do business. Like other Ministers, the Minister has said that she is dissatisfied with taking forward legislation in that way. I do not think that there is one Minister who likes the accelerated passage process.

Given that we are on an island, it goes without saying that ports are a vital part of our economy. Foyle port in Derry, for example, is a key marine entry point into the north-west. Foyle port handles 2 million tons of cargo per year and supports 1,000 jobs. A data centre is also located there, and that has resulted in more inward investment coming in to boost the local economy. It is therefore a vital gateway for the north-west economy and has allowed capacity to grow as we move forward. COVID has brought additional challenges to a sector that was already dealing with the looming uncertainty of Brexit, and that is mentioned in the clause.

I understand that the loans and grants issued by the Department were, in the past, used for developments such as the renewable energy project at Foyle port, as well as purchasing new tugboats and cranes. While we have been told that the loans and grants are not expected to be used for sanitary and phytosanitary (SPS) checks, they may be used for other measures relating to Brexit preparation — again, that is mentioned in the clause — and to help ports to grow their business in the post-Brexit environment. As the Minister and the Committee Chair said, the limit has not been increased since 1989, and the increase to £90 million is based on inflation, therefore I believe that it is a reasonable move to assist the ports in moving forward, particularly given that the Department stated that, if all the future loans identified by the ports were to materialise over the next five years, it would require a further £22·5 million.

I would like to take a moment to comment on the current position that the ports find themselves in — this is in relation to what the clause mentions at the end — with regard to Brexit. The British Government and Minister Poots have been somewhat lethargic, to say the least, in their efforts to prepare our ports for 1 January. We have talked about that extensively in Committee. Given that DAERA officials have been working very hard around the clock, and we need to acknowledge that, to make sure that the readiness plan is feasible, it is a pity that their efforts have been somewhat hamstrung.

Jim Allister (Traditional Unionist Voice, North Antrim)

On a point of order, Mr Principal Deputy Speaker. Are we discussing accelerated passage, or are we discussing the merits of the Bill? From listening to the current speaker, I think that she has jumped the gun and moved to Second Stage.

Christopher Stalford (DUP, Belfast South)

The Member is correct. The Member for Foyle will have the opportunity at Second Stage to raise all the issues to which she is presently talking, but Mr Allister is correct: this section of business is about the use of accelerated passage. I am loath to interrupt you, but, if you wish to wind, there will be an opportunity at Second Stage.

Martina Anderson (Sinn Féin, Foyle)

I will wind on that point. It is related; we know about the relationship between accelerated passage, COVID and Brexit. The ports are dealing with those things. We recognise that giving accelerated passage to the Bill will have implications for COVID and Brexit, what is happening and what we are facing. That is why the Committee, after taking that into consideration, agreed to accelerated passage somewhat reluctantly, as did the Minister. I will make the rest of my comments at the next stage.

Roy Beggs (UUP, East Antrim)

Accelerated passage should be sought only in exceptional circumstances. Exceptional circumstances are coming in about a month's time; we are coming to the end of the EU transition period, and, as of yet, there is no clarity about the implications of that. There may be complications with marshalling, inspecting and other emergency activity that needs to occur, so it is important that we create a little bit of headroom space by proceeding with accelerated passage. There is also COVID. Our ports are vital to trade and our businesses. They have been operating at a reduced schedule, and yet perishable goods move in both directions, so it is essential that there are still good ongoing connections. It is important to support our ports for that reason. However, both those issues could have been predicted at the start of the year. Why was permission to increase not sought much earlier, in which case the Bill could have proceeded via normal passage? Nevertheless, I recognise that we are where we are and that there is a need to create that headroom and an ability to assist if necessary. For that reason, the Ulster Unionist Party and I support accelerated passage.

Andrew Muir (Alliance, North Down)

The Alliance Party regrets that the Bill is coming through accelerated passage. As an MLA, I have quickly become all too well aware of the shortcomings of the procedure. We appreciate the fact that the lack of devolved government for three years and Brexit preparations have meant that the need for this legislation has become urgent. However, we struggle to understand why the legislation was not brought forward some years ago.

In evidence to the Committee, departmental officials stated that the original plan was for the limit to be raised as part of a more holistic governance review. We assume that that review will still take place at some point; perhaps there will be an opportunity for the Committee to consider how the limit is managed on a long-term basis. I would like to hear more about the prospects of that review from the Minister in her closing remarks. That said, I am satisfied that the need for this legislation is urgent, as Mr Beggs outlined, and that the Bill seems relatively straightforward. Based on the briefings to date, it seems that no additional serious complications need to be considered, and, on that basis, we are prepared to support accelerated passage.

Jim Allister (Traditional Unionist Voice, North Antrim)

Accelerated passage should be utterly alien to the House. Sadly, it is becoming far too familiar to the House. It should be alien because it is the role of a legislative Assembly to sift, test and interrogate legislation. Accelerated passage strips out all that; it removes the critical Committee Stage, during which matters can be sifted, tested and interrogated, and it takes the shortcut of simply legislating on the back of Second Stage and further debates. That should be alien to a legislative Assembly. It should be particularly alien to a legislative Assembly in which you have an all-party Executive because, without an Opposition, there is no other opportunity to interrogate the issues.

Therefore, the drift, step by step, whereby the Assembly is always finding excuses to dispense with normal procedures when matters such as this are raised, is alarming. There is not much point in Members saying that they are uncomfortable with this and offering various platitudes such as, "We do not like doing it" or "It is not the way that we would do business but we are going to do it". It is either right or wrong. Further to this, the point has been made that we had 31 years to do it, but no one bothered. Since January, there has been an opportunity to do it, but it was not done.

Over two months ago, on 23 September, the Minister went to the Infrastructure Committee about this issue, and, over two months later, we are here. Two months, which could have been spent on scrutiny in the Committee had the Bill been brought to the House then, were wasted. Who was running down the clock to get to December and say, "Oh, poor us. We must have accelerated passage"?

We could have had the Bill much earlier in the year, and I protest, most vigorously, at the erosion of the powers of the House and at the easy option of accelerated passage being taken. It is not good enough. It should not be the easy passage that it is. I, for one, want to record my dissent from the slippage into repeated accelerated passage.

Christopher Stalford (DUP, Belfast South)

No other Members have indicated that they wish to speak. I therefore call the Minister for Infrastructure, Ms Nicola Mallon to conclude and wind on the debate.

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

Again, I thank the Committee for its support on this matter. I recognise and share the concerns expressed by Members about the use of accelerated passage. That is why my speaking notes were very specific on the matter and why, when I appeared before the Committee, I clearly said that this was not the way to do business.

Given that a number of Members asked why it took so long, it may be helpful to outline the timeline. The loan and grant threshold was last raised in 1989 — 31 years ago. I cannot speak for other Ministers, but I wrote to the Executive on 6 July to raise the issue of the Bill. On 5 November, the Executive agreed to its introduction.

The Department for Infrastructure writes to the ports twice yearly to ask them to identify their loan requirements for the next five-year period. No one could have predicted the impact of COVID or the financial and resilience challenges that it would present to our ports. There are clear indications that my Department will receive a new request for assistance before the end of the year. Those are the circumstances under which the Bill is being brought forward in this way to the House.

Does the Member wish to comment?

Jim Allister (Traditional Unionist Voice, North Antrim)

Yes, please. So that we are clear on this, I will say that part of the cause of the total disrespect of the processes of the House is the indolence of the Executive in addressing this issue. It took from July to November to approve what is, effectively, a two-page Bill. Really? Is that the standard of misgovernment that we have reached in the House? Then, of course, there is the ready reliance on accelerated passage. It is a situation of the Government's own making.

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

All I can do is set out the factual timeline.

I thank all of the other Members for their comments. I thank Mrs Kelly for supporting the intention of the Bill. However, like other Members, she is concerned about the use of accelerated passage.

Ms Anderson raised a number of important points, and I will be happy to address those at Second Stage.

Mr Beggs raised the issue of the strategic importance of ports for trade. I agree with that absolutely. That is why they need to be supported during this difficult time, particularly in the face of COVID. Mr Muir asked about the governance review. Yes, that review is planned, and I am happy to engage with the Committee on it.

I thank all who contributed to the debate, and I ask for the Assembly's support for the position that the motion be adopted.

Christopher Stalford (DUP, Belfast South)

Thank you, Minister. Before we proceed to the Question, I remind Members that the motion requires cross-community support.

Question put and agreed to. Resolved (with cross-community support):

That the Harbours (Grants and Loans Limit) Bill [NIA Bill 12/17-22] proceed under the accelerated passage procedure.

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I beg to move

That the Second Stage of the Harbours (Grants and Loans Limit) Bill [NIA Bill 12/17-22] be agreed.

Christopher Stalford (DUP, Belfast South)

Before we begin, I have to place on the record for Hansard that cross-community consent was achieved, because I saw and heard Ayes from all sides of the House.

In accordance with convention, the Business Committee has not allocated a time limit to the debate.

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I am sure that Members will agree that, as an island economy, it is critically important that our ports are able to meet existing and future challenges. The importance of the ports' role in the supply of goods into and out of Northern Ireland has never been more clearly illustrated than during the COVID-19 crisis.

All of Northern Ireland's ports are governed by my Department's harbours legislation for the provision of grants and loans. Although the trust ports at Belfast harbour, Coleraine harbour, Foyle port and Warrenpoint port, and the privately owned port of Larne, fund their own capital investment and are expected to be commercially self-supporting, my Department can provide assistance for developments of a major nature. That assistance can be by way of a loan or a grant.

On the overall limit to loans and grants, the Harbours Act states that the aggregate amount of grants and loans together shall not exceed £35 million. The original £6 million limit has been adjusted on four previous occasions, gradually rising to the current £35 million level. The last rise was made in 1989. The total grants and loans made stands at £34·3 million. The Harbours (Grants and Loans Limit) Bill is straightforward. It is a short Bill with a single purpose: to raise the existing total loan and grant limit from £35 million to £90 million. The new limit was identified, in liaison with colleagues in the Department of Finance, as an appropriate uplift in line with inflation. That will enable the Department to continue to provide loans and grants to our ports. The existing limit has been almost reached, and the ports face major challenges at this time, particularly as a result of the COVID-19 crisis and the need to grow business post-Brexit.

For the costs to be incurred by ports in implementing the Ireland protocol, it is important to note that DAERA will take forward any necessary EU works at the ports. The British Government have also committed to funding that work. I have to be clear that I do not anticipate the legislation being used to enable construction of sanitary and phytosanitary-related (SPS) infrastructure, nor is that a matter for DFI.

The region's main commercial ports have all agreed with the need for the increase to the loan and grant limit. The Executive also support the increase and agree that the legislation can be done by accelerated passage. The grants and loans made under the Bill increase a charge on the Consolidated Fund, so Minister Murphy has confirmed to me that he is content to recommend the Bill, as required under section 63 of the Northern Ireland Act. I commend the Bill to the Assembly.

Michelle McIlveen (DUP, Strangford)

The Committee was notified of the proposal for the Harbours (Grants and Loans Limit) Bill at the start of September this year and discussed it during its strategic planning meeting on 9 September. The Committee asked the Minister to brief the Committee on the Bill, and, on 23 September, the Committee received that briefing.

During the briefing, the Minister and her officials explained to the Committee that Northern Ireland's ports are governed by the Harbours Act (Northern Ireland) 1970, which includes funding. Under that Act, the ports are expected to fund their own capital investment, while the Department is able to make loans and grants to assist with major developments. That assistance from the Department is, however, limited under the Act, which states that it should "not exceed £35 million". Given future uncertainties, the need to build additional infrastructure and the added financial difficulties resulting from the reduction in freight and shipping volumes through the ports as a result of the pandemic, the Committee is aware of the need to raise the existing total limit of £35 million that the Department can provide by means of loans and grants to a more substantial £90 million, as set out in the proposed legislation that is before us.

The Committee for Infrastructure had already met, on 1 July this year, representatives of the seaports, who are eager to grow and strengthen their business after EU exit. However, the Committee notes that the impacts of COVID have removed the financial certainty that they would like in order to invest in and develop their business. This is an issue not just for them, as the ports have taken on a more strategically important role for our economy in the post-Brexit era. The Committee is aware that it is vital that our ports are ready for the challenges and opportunities facing them. The uncertainty of COVID has come at the worst possible time, a time when the ports were meant to be pushing forward with expansion and plans to build on the new opportunities that are opening up to them. Instead, they are now battening down the hatches and weathering the storm. The Committee appreciates the need for the Department to provide adequate support in order that, for the benefit of our economy, the port can develop the infrastructure that is required.

In its discussion with the Minister and her officials, the Committee sought assurances about the narrow scope of the Bill, that the sole purpose of the Bill is to raise the loan and grant limit and that there would be no other consequences. The Minister gave the Committee those assurances, noting that it is a very short and concise Bill. As Members will note, there are only three clauses: the commencement; the title; and a single line to increase the port funding limit. The Committee also asked for information about the consultation that had taken place with the Executive and the sector. The Minister advised the Committee that one issue was raised by the Executive, which was her proposal to include in the Bill the ability for the Department to increase the loan and grant limit at a future date through secondary legislation. She pointed out that, after objection from the Department of Finance about a lack of scrutiny, that was taken out. She confirmed that there were no objections to the purpose of the Bill.

The Minister was content that she had consulted with the ports and that they were in support of this proposed legislation. The Minister was asked about some of the financial challenges facing the ports, and she advised that those include the likes of urgent quayside repairs, which would be aided by the grant mechanism that is proposed by the Bill. Clarity was also sought on whether checks and balances were in place, what the loan can be used for and the need for that to be addressed in the Bill. The Minister gave an assurance that the Bill was purely for grants and loans and to increase the limit from £35 million. Given that assurance, I understand that the Committee is satisfied. While my preference was to have a Committee Stage, I am content to support the Bill at Second Stage.

Cathal Boylan (Sinn Féin, Newry and Armagh)

Ba mhaith liom labhairt i bhfabhar an Bhille seo. I will speak in favour of the Bill. I am content that we can speak at its Second Stage. Before I make my remarks, while it is in my head, I ask the Minister to indicate when the harbours and ports will be able to access the funding. I ask that that happen at the earliest stage because we are leading into Brexit and everything else, and I am sure that there is a piece of work to be done by the ports.

Our seaports are an essential part of the economy. Moving forward, they need to be able to grow and continue to play their vital role in trade, connectivity and employment. This year, our ports have faced considerable challenges. When they were trying to prepare for Brexit as best they could with the limited information that they had, the coronavirus pandemic introduced another unwanted burden to the sector.

The ports all fund their capital investment; however, the Department can make loans and grants to them under the Harbours Act. The original limit was set at £6 million, but that was changed on multiple occasions in the past and gradually rose to the current limit of £35 million in 1989. Since then, it has not increased. It is also worth noting that, as stated by the Minister, the total amount of any loans granted by the Department does not decrease in line with depreciation or loan repayments. The total amount of grants and loans made to the ports stands at £34·3 million: you do not need a calculator to tell you that that is very near the current limit.

Furthermore, the Department has informed us that if all the future loans that have been identified by the ports were to materialise over the next five years, it would require a further £22·5 million. I think that the Minister might have said £27 million; perhaps she will clarify that point. That does not take account of any additional grants that may be provided to the ports in response to COVID-19. Although DAERA is leading on Brexit preparations at the ports, the Department has stated that the legislation could be used to make grants to the ports for other Brexit preparation measures.

Considering those factors, it has been proposed to raise the current limit of £35 million to £90 million. That figure is based on inflation. Applying the retail price index provided a new limit of around £88 million, which has been rounded up to £90 million. The new limit will help to ensure that the Department can assist the ports during the COVID-19 crisis and enable the consideration of any additional funding needed as a result of Brexit.

The Department stated that ports would be at a disadvantage if the proposed amendments were not made, as they would lose out on the opportunity to access additional funding. In the circumstances of the COVID-19 pandemic, the Department informed us that it is aware of at least one port facing financial challenges in maintaining and operating its services.

A new loan limit of £90 million has been proposed. Although the Bill is to go through accelerated passage — we had the previous debate — I think that Members will understand the necessity of using such a procedure. I support the Second Stage of the Bill.

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

On behalf of the SDLP, I support the Bill. I thank the Chair of the Committee for setting out clearly the Committee's consideration of the Bill and the rationale behind our decisions to support it and its accelerated passage.

On Mr Allister's earlier comments, I declare an interest as a member of the Business Committee. It has requested the Executive's legislative timetable for several weeks, and I want to assure him, although I see that he has left the Chamber, that there has been no slackness on our behalf.

I look forward to the development of the ports. Hopefully, the additional resource will give some surety to them in what, as others have said, are very uncertain times.

Roy Beggs (UUP, East Antrim)

Essentially, this is a very straightforward Bill. There is one significant clause, which gives the power to increase the amount of loans or grants that can be passed to ports that are included in the Harbours Act (Northern Ireland) 1970. The amount of the increase is £65 million, from £35 million to £90 million, which, as the Minister indicated, is in line with inflation and is not an exorbitant amount.

The Minister also indicated that she is aware that there are pressures on the ports. I am also aware of considerable pressures on our ports as a result of COVID-19. Manufacturing has reduced during the pandemic. Hopefully, it will pick up considerably; nevertheless, it will not be at the same level as before.

Another aspect of fundraising for our ports, and an important business for them, is the tourist trade. The "holiday at home" mantra that tourists in Northern Ireland have largely been practising — and, indeed, tourists in the rest of the United Kingdom — has obviously reduced the amount of traffic and income to airports. We want that to pick up again, and we want our ports to be able to service that industry again whenever we get through the current pandemic. Therefore, it is important that our ports are still able to operate and still have the commitment there of ships and infrastructure to service that.

It is important that we maintain support for our ports so that tourists are able to come here. It is also so that we are able to ship our products, suppliers can quickly bring goods into Northern Ireland from Great Britain, and the perishable goods that we export can quickly get to market. Therefore, it is important that we have the ability to once more ramp up the services and to provide frequency, such as is provided from the port of Larne in my constituency, which is where we have the shortest, fastest journey to Cairnryan. I had to get that plug in. However, that is equally so for the ports of Belfast and Warrenpoint with their ro-ro facilities. It is important, in particular, for speed in the modern facilities that ro-ro traffic, which has been particularly affected by the pandemic, has the ability to ramp up again. On that basis, as I have said, I am content to support this increase, which is in line with inflation.

It is regrettable that this is also occurring at a time when a regulatory border is being created down the Irish Sea, as that will be a major impediment to our businesses and our region. It is something that I, and my party, warned others about the risks of doing. It is regrettable that, one month off, there is still not full clarity of the full implications. I have heard the Minister say that she is not planning to use this fund to support the ports with regard to the end of that transition arrangement. It would be helpful if the Minister could advise whether there would be the flexibility here for her to assist our ports in the case that some sort of emergency arose and others did not step in.

Secondly, with regard to this additional money, the Bill does not speak of how that will be determined or how it will be carved up going forward. It would be helpful if the Minister could say a little about that. In particular, there is concern that Belfast City Airport and City of Derry Airport received airport funds, but our principal airport, which is also trading at a loss, has not received support from that —.

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

Will the Member give way?

Roy Beggs (UUP, East Antrim)

I certainly will.

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

Will the Member acknowledge the fact that the Finance Minister gave a rates holiday of over £1 million to the airport in question, and that, from my understanding, it has been in discussions with the Finance and Economy Ministers, who have responsibility with regard to the funding for the airports? At least acknowledge where the responsibility lies.

Roy Beggs (UUP, East Antrim)

The Member has rightly highlighted that there has been support for all three airports through other mechanisms, but I am conscious that only two of the three received support from Infrastructure. There needs to be clarity around how this is used going forward. I hope that they will all be appropriately supported.

The other aspect and question that I have about the Bill which I find quite strange — perhaps it is because it is having to be taken forward by the accelerated passage route; it would be helpful if the Minister could explain — is that we are essentially increasing the amount of funding in line with inflation. That is a very minor change to our legislation. It is something that, for instance, with regard to benefits, happens each year with a statutory rule. Why is this change not occurring with a statutory rule? The next time we adjust it, are we also going to require primary legislation, as happened here, to repeal this legislation — assuming it goes through — and to introduce the new figures as we go forward? Why is it not being adjusted using a statutory rule? As others have indicated, had there been proper scrutiny and time allowed for Committee discussion, that could have been pointed out, and an amendment could have been tabled to enable such a change to be made much more easily and efficiently. It would be helpful if the Minister would explain why primary legislation was required.

That having been said, it is important that the Bill passes Second Stage. The Ulster Unionist Party will support it.

Andrew Muir (Alliance, North Down)

I rise on behalf of the Alliance Party to support the Bill's passing Second Stage. Last week, I was here until 2.30 am debating the Consideration Stage of a Bill. Hopefully, we will not be here until that time again.

My party welcomes the legislation. The £35 million loan and grant limit in the Harbours Act (Northern Ireland) 1970 has not been amended since 1989. That was a long time ago. The current balance is only 2% short of the total limit. It is, therefore, right that the limit is updated to £90 million.

Ports are a vital part of Northern Ireland's infrastructure. They are important contributors to local growth. Warrenpoint harbour alone adds £9·6 million to the local economy. Ports bring in tourists and cruise ships — hopefully, they will be back some day soon — and allow people to make their journeys across the water to visit friends and family or to go to university. Perhaps, most importantly, they are the gateway for the vast majority of Northern Ireland's imports and exports. They allow our fantastic local businesses to bring in parts and to export their products across the world. They also keep the food on the shelves, which we take for granted.

At Committee, the Minister stated that the ports fund their own capital investment and are commercially self-supporting, but loans and grants can be provided by the Department for developments of a major nature. The distinction between "capital investment" and "developments of a major nature" seems vague. We would have liked to have teased that out in more detail at Committee Stage. I would like to better understand whether the ports are expected to exhaust their commercial borrowing options first before turning to public funding. Perhaps, the Minister can touch upon that in her remarks.

I am, however, satisfied that there is further clarity in the legislation with regard to public funds. There should be no risk of increasing the loan limit as long as the Department's credit processes remain sufficiently robust. Ports need to be able to invest so that they can continue to provide the service that their customers expect and to meet the challenges of today.

I wish to talk about the three main challenges. The first is carbonisation. It was the major strategic goal that was raised by the port authorities when they came to the Committee in July. Additional investment will help ports to turn away from coal and oil products to become a major player in the development of offshore renewable energy.

The second challenge is Brexit. There is not long left until the end of the transition period. While the impact of disruption at the ports is likely to be more keenly felt by consumers and haulage firms, port authorities still face major challenges in preparing for those new arrangements. In the short term, ports are working with DAERA and HMRC to build the new infrastructure that is necessary as a result of the hard Brexit that is being pursued by the current UK Government.

Finally, there is the challenge of COVID-19. Although the ports have experienced a significant drop in trade, particularly in the number of foot passengers travelling through Belfast and Larne, since the onset of the necessary travel restrictions as a result of the pandemic, the medium- to long-term impact of COVID-19 on their businesses remains unknown. However, it is clear that ports face major challenges in navigating the choppy waters ahead.

It is, therefore, critical that we are able to invest in ports' facilities to support long-term sustainability and growth. Public grants and loans can be used only for capital projects and not for resource expenditure to aid cash flow. The ports have estimated that they will require some £22·5 million in loans and grants over the next number of years, notwithstanding the additional financial pressures as a result of COVID. My party supports the Department in ensuring that the capacity exists to provide that funding. The Committee for Infrastructure will have a role in monitoring how that figure of £22·5 million compares with the reality of what is required in the environment in which we currently find ourselves.

I support the Bill because an increase in the loan limit is long overdue and ports need to be able to invest in the future for the sake of us all. I look forward to hearing other Members' contributions and the Minister's response.

I thank and pay tribute to all those who have continued to work in our ports throughout the pandemic. Their contribution has often gone unacknowledged in the crisis, but it is absolutely vital to the well-being of our society during the most challenging of times. We owe them a great debt of gratitude.

Sinéad Ennis (Sinn Féin, South Down)

I welcome the opportunity to speak to the Second Stage of the Harbours (Grants and Loans Limit) Bill. Like other Members, I acknowledge that our ports play a huge role in our island economy. The importance of keeping our supply chain secure and open has been acutely highlighted during the pandemic. However, like other sectors, ports have faced many difficulties during this period. It has, for example, meant that a lot of the roll-on roll-off — ro-ro — facilities encountered difficulties at the start of the pandemic, which impacted port income. Freight volume took a hit, as, of course, did passenger levels on ferry operations.

It is important that our ports continue to grow and play their essential role in our economy. Warrenpoint port, no doubt, plays a big role in that regard. In 2019, Warrenpoint port handled 3·5 million tons of cargo, and Ulster University estimated that, during 2019, the port put some £9·6 million back into the immediate local economy of Warrenpoint, Newry and beyond.

The total number of loans and grants issued by the Department currently stands at £34·3 million. As other Members said, that is very close to the max of £35 million. Also, between £22 million and £27 million in future loans have already been identified by the ports. That is without consideration of any other additional investment that may be needed as a result of the COVID-19 pandemic.

Those loans and grants are used to enable ports to commit to measures for future economic growth. In Warrenpoint harbour, for example, I understand that those grants were previously used to help to replace old infrastructure and to construct a deepwater quay.

While the Department and the Minister do not believe that the grants will be used for SPS checks, as that work is led by DAERA, they state that such grants and loans could be used for other measures related to Brexit preparations. Given the paramount importance of our ports, it is madness that checking facilities will not be ready in time for 31 December.

Although contingency measures have been put in place, the British Government and Minister Poots knew well ahead of time that they needed to upgrade the ports. Not only did they delay that needlessly but Minister Poots actively stepped in to obstruct preparations at a critical time and relented only when he was told to do so by the British EFRA Minister.

Meanwhile, ports have worked tirelessly in their preparation efforts for Brexit. It is unacceptable that they find themselves in the current position with just weeks to go until the end of the transition period.

Sinn Féin wants our economy to grow, which means allowing our ports to respond successfully to all the emerging challenges that stand before them. The increase in the limit to £90 million will go some way to assist in that. I support the motion.

Martina Anderson (Sinn Féin, Foyle)

The last time that I stood to speak, I think that I strayed into Second Stage, but, sure, it would not be like me. I will take this opportunity again to say how wonderful Foyle port is in Derry, as people would expect me to say. It is a fantastic port that employs over 1,000 people.

Ports are vital to our economy. The particular clause in the Bill is quite striking, and many Members referred to the impact that COVID has had on ports and, of course, Brexit.

As my colleague has just stated, the British Government and Minister Poots have been somewhat lethargic, to say the least, in their efforts to try to prepare the ports for what is coming down the road at us on 1 January. Perhaps we will know this week or perhaps we will not. Who can tell? We are waiting on the outcome of the negotiations. However, the resources to build the necessary infrastructure are vital to ensure that ports are in a competitive position in the medium to long term.

When we reflect on EU exit and the impact that it will have on the economy and on ports, I would like to recall, for instance, Project Kelvin in Derry, which is an EU multimillion-pound/euro cable that was built to provide the island of Ireland with the first undersea network cable for the fastest transatlantic route directly to Ireland.

How does that relate to this clause? When we are talking about Brexit, that was one of the many things that we secured from the EU on infrastructure projects. It enabled the establishment of a data centre at the Foyle port in Derry, the Atlantic Hub, which is attracting interest from EU countries. It is clear that the funding cap increase in the clause — the Minister talked about it, and it is vital for the ports — needs to be coupled with a renewed call for the British Government and Minister Poots to clarify urgently what buildings and IT systems will be in place. A clear plan and leadership are the best way of ensuring that the money is spent in the best way possible.

We urge both sides of the Joint Committees, as we head towards the end of the transition, having been kicked out of the EU against the democratically expressed wishes of the majority of the people in the North, who voted to remain —

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

Will the Member give way?

Martina Anderson (Sinn Féin, Foyle)

Yes.

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

I want to correct the record. The Member said that we were being "kicked out" of the EU: "dragged out" would be more correct.

Christopher Stalford (DUP, Belfast South)

Order. For the past four years, politics has been dominated by the argument about whether leaving the EU is a good thing. There will be occasions to discuss that, but this is not one of them. I ask Members to return to the content of the Bill.

Martina Anderson (Sinn Féin, Foyle)

I will stick to the content of the Bill, particularly what it says as a result of the COVID-19 crisis and Brexit. I cannot answer the last contribution because of your ruling, but I am sure that the Member knows where I stand, which is that people did not vote for it.

In the context of EU exit, as referred to in the Bill, we urge the Joint Committee to work quickly on any aspects of checks that are within the remit of the spirit of compromise. It is vital that our ports can deal with the challenges that lie ahead. Raising the cap on loans and grants, as referred to in clause 1, is to be welcomed.

I give my support — somewhat reluctantly, because we do not like accelerated passage — to the Bill.

Harry Harvey (DUP, Strangford)

As already stated, the Bill will increase the existing limit placed on the Department with regard to the financial assistance that can be given to local harbours. The change in the limit from £35 million to £90 million is welcome, and I am pleased to see the Minister bringing the Bill to the Assembly. I am hopeful that the Bill will enable the Department to be much more flexible in responding to the needs of our ports, particularly as we reach the end of the transition period and emerge from COVID-19.

Our harbours act as one of our main gateways to the world. They provide the economic and social links that we rely on both within the United Kingdom and to the furthest parts of the globe. We must ensure that they receive the necessary government support to operate and compete on the world stage. The operational capacity and soundness of our main shipping ports have a direct economic impact on the ability of local companies to export their goods and on our access to key markets and destinations. Should our ports not be fit for purpose, the knock-on effect on other sectors of the economy would be significant.

The Department consulted all our main harbours, including Belfast, Larne, Foyle and Warrenpoint. Such targeted consultation is vital to ensuring that the sector is fully involved in all these decisions. At present, communication with our ports and haulage industry is vital, and I urge the Minister to keep those lines of communication open over the next few months in particular and to react, where needed, to support our harbours and our ports.

I note that the limit has not been updated since 1989. A lot has changed for our commercial ports and harbours since 1989. In the light of that, I call on the Minister to take time to consider any other areas in which her Department has a role, to ensure that all other mechanisms in her portfolio are up to date and provide fit-for-purpose state support to meet 2020 needs.

While the Bill is long overdue, I have some concerns about accelerated passage, given the lack of time for wider consultation, which, I note, has not been feasible on this occasion. I appreciate, however, given the limited scope of the Bill, that all the ports that stand to be impacted on have been involved in the consultation process. I am therefore happy to support the Bill.

Christopher Stalford (DUP, Belfast South)

No other Members have indicated to me that they wish to speak. I call the Minister for Infrastructure, Ms Nichola Mallon, to conclude and wind up the debate on the motion.

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank all the Members who have commented on the Bill at Second Stage. Some general issues have been raised, as well as several specific points, and I will try to deal with them. If I miss anything significant, I will get back to Members in writing once we have examined the Official Report. I reiterate my appreciation to the Chair of the Committee and its members for their support for increasing the threshold. I acknowledge the concerns around the utilisation of accelerated passage, which I share.

The Chair of the Committee set out clearly the uncertainty of COVID, the challenges that it presents to our ports and the need for adequate support. She also set out the engagement that my Department has undertaken with the ports, the Finance Minister and other Executive colleagues. She set out the rationale for the Committee's support for the Bill and reiterated the its fervent support for our ports and the critical role that they play.

The Chair of the Committee also gave examples of how previous loans and grants had been used by the ports, and that is an important point. Loans and grants have been used for the Evermore renewable energy project at Foyle port; the expansion of the ro-ro facilities and the construction of a deepwater quay at Warrenpoint harbour; the purchase of new tugboats and cranes at Foyle port; and the replacement of old infrastructure and the construction of new bulk storage silos at Warrenpoint harbour. It is important that we take cognisance of the fact that that is how the grants and loans have been used and that we clearly understand that the next set of planned loans and grants will be expected to be used, as Members have said, to enhance the resilience of our ports and ensure that they have the financial capacity for future economic growth, including diversifying their business, land acquisition and building cruise ship infrastructure. Mr Muir and Mr Beggs talked about the importance of tourism. It is also anticipated that the money will be used for purchasing additional tugboats and replacement cranes and for quayside repairs.

Cathal Boylan sought clarity on a number of issues, and I am happy to provide it. He asked when the ports would be able to access the finance. The intention is that the operational date for the legislative amendment will be in January. He highlighted the fact that the current threshold has almost been reached and that real and pressing financial requirements face our ports: I agree, and that is why we tabled the legislation. He asked for confirmation of the value of future loans that have been identified by the ports over the next five years. I can confirm that the figure that I have been presented with is £27 million, as opposed to £22 million. Were those loans to materialise, that would bring the total up to £61·3 million.

Mrs Kelly spoke in support of the Bill's Second Stage and highlighted the strategic importance of our ports and the role that they play.

Mr Beggs talked about the increase being in line with inflation. He emphasised the importance of tourism and of ensuring that our ports are equipped to facilitate and service the industry. I share his concerns about the lack of clarity on implementation of the protocol. I have close engagement with our ports, and it is hugely difficult and challenging for them to prepare when it is not clear at all how they are meant to do so or what is required of them. Mr Beggs talked about Brexit and SPS checks. He will understand that that is a matter for DAERA. There is a clear commitment from the British Government that they will fund the work that is required for the implementation of the protocol. That is a commitment that, I think, all of us in the House support and want to see materialised and realised.

Mr Beggs also spoke about the importance not only of ports but of airports. He mentioned the International Airport. It is important to clarify — I think that it was Mrs Kelly who stated this — that rate relief has been provided by the Finance Minister to all three airports. That equated to £1·7 million in support for Belfast International Airport. The Economy Minister has secured £2 million for tourism. My understanding is that she is engaging with Belfast International Airport on two of its airlines. The Finance Minister is also preparing a paper to bring forward to the Executive on the provision of safety and security grants to all three airports. That will be funded from the remaining money that is sitting in the centre for our airports. I reassure Mr Beggs and all Members that, given that the statutory responsibility for airports is shared across the Minister for the Economy, the Minister of Finance and me, I am committed to working with my ministerial colleagues to ensure that we support our airports during this challenging time.

Mr Beggs also asked why we were not addressing the increase of the threshold at a later stage through secondary legislation. I think that it was the Chair who pointed out that that was one of the issues that I originally raised but the Finance Minister had had concerns about it. Therefore, in recognising the pressing nature of the Bill in ensuring that we can get financial support to our ports, I proceeded without that principle and objective. It is something that I hope to return to with my ministerial colleagues.

Mr Muir reiterated his support for increasing the threshold. He raised the issue of commercial borrowing. Our ports can borrow commercially, but very specific circumstances are set by Treasury, so it is important that they are able to access grants and loans from government. Mr Muir paid tribute to the ports and all those who work in them and keep them going. I agree that we owe them a debt of gratitude.

Ms Ennis talked about the importance of our ports in keeping our supply chains open. We are very much reminded of that during COVID and of the fact that those who work in our ports, ships and haulage companies are critical key workers. She referenced Warrenpoint harbour in particular and the importance of that port to the local economy and the community that she represents. Very recently, I met again representatives of Warrenpoint harbour to understand better the challenges that they face and to reiterate my Department's support and commitment to continue to work with them.

Ms Ennis and Ms Anderson again raised concerns about the lack of clarity about Brexit and what that will mean for local businesses and communities and our ports in particular. They highlighted their concerns about the lack of clarity on SPS checks, the time that is left to prepare and all the challenges that come with that. Ms Anderson also spoke about Foyle port, which is a significant employer in her area. She referenced the many benefits to the north-west and to Northern Ireland of membership of the European Union.

Mr Harvey spoke about ports being the gateways to the world and to key markets and destinations. I agree with that. Importantly, he emphasised the need for ongoing communication with our ports. I reassure him that I will continue to engage and work closely with our ports to support them through this difficult time.

I hope that Members across the House support the Second Stage of the Bill, and I look forward to continued engagement with them as the Bill progresses through its stages.

Question put and agreed to. Resolved:

That the Second Stage of the Harbours (Grants and Loans Limit) Bill [NIA Bill 12/17-22] be agreed.

Christopher Stalford (DUP, Belfast South)

That concludes the Second Stage of the Harbours (Grants and Loans Limit) Bill.

Given that it is 12.44 pm and that there is a very important debate to take place on COVID, I will, by leave of the House, suspend now, because the Business Committee is meeting at 1.00 pm. Do not forget to clean your surfaces before you leave the Chamber.

The sitting was suspended at 12.44 pm.

On resuming (Mr Speaker in the Chair) —

Oral Answers to Questions — Infrastructure

Paul Frew (DUP, North Antrim)

Mr Speaker, I have just rushed from Committee, and I thank you for your latitude.

Paul Frew (DUP, North Antrim)

1. Mr Frew asked the Minister for Infrastructure for an update on her plans to reduce the backlog of driving test appointments. (AQO 1229/17-22)

Tom Buchanan (DUP, West Tyrone)

3. Mr T Buchanan asked the Minister for Infrastructure for an update on the steps she has taken to address the backlog of applications for practical driving tests. (AQO 1231/17-22)

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

Mr Speaker, with your permission, I propose to answer questions 1 and 3 together.

Driving instructors were included in the Executive’s regulations on businesses that closed from 16 October until 20 November to help stop the spread of COVID-19. Following that Executive decision, driving tests also ceased over this period of increased restrictions based on public health and scientific advice. Driving tests resumed on 21 November but ceased again for two weeks from 27 November to 10 December inclusive, due to the circuit-breaker restrictions announced by the Executive. Motorcycle lessons and tests are not affected by those restrictions.

The Driver and Vehicle Agency (DVA) has opened up its booking system exclusively for customers whose tests were cancelled between 17 October and 20 November. Testing slots have been released for February, and additional booking slots have been made available in December and January, as the DVA increases capacity by recruiting additional examiners. The DVA is working on proposals to reopen the booking service next for customers impacted by the two-week circuit-breaker restrictions and, in due course, will issue further communications to customers through nidirect and social media channels.

While testing resumes, the DVA will continue to offer driving tests on a Saturday and, following consultation with key stakeholders, plans to offer driving tests for heavy goods vehicles on Sundays, where it is suitable to do so without compromising the integrity of the test. The DVA will also use overtime to rota off-shift dual-role driving examiners to provide additional capacity and to provide cover for scheduled driving tests where, due to a variety of unforeseen reasons such as sick absence or the requirement to self-isolate, driving examiners are unable to attend work.

I understand that this is a challenging time for new drivers and for the DVA, but I assure Members that officials are working hard to minimise the disruption caused by the impact of COVID-19.

Paul Frew (DUP, North Antrim)

I thank the Minister for her answer. She is no doubt aware of the massive impact that this has had directly and indirectly because of the lockdown. It has massive implications throughout wider society for other reasons. The problem with driving test appointments affects the mobility issue, job applications, loneliness and mental health. Has an impact assessment been completed in the Department on the impacts of not testing during lockdowns?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question and understand the huge impact that this has on the multiple aspects that he has highlighted. Given that it is a public-facing service, the DVA and the driving test element of that have been severely impacted, as all public-facing services have been. We are mindful of that and constantly review the situation and do what we can to maximise capacity.

I assure the Member that we have 37 driving examiners and 40 dual-role examiners, who conduct both vehicle and driving tests. To increase the driving test capacity, we are in the process of recruiting an additional 27 temporary and permanent vehicle examiners. So far, 10 temporary examiners have started with the DVA; six have completed their training and been appointed to test centres; and four are currently undertaking training and are due to be in place by early January. We are also working at pace to recruit a further five temporary vehicle examiners. In addition to that, the recruitment of 12 permanent vehicle examiners and a further recruitment process for permanent driving examiners will be launched in the new year.

We are very mindful of the impact, and I assure the Member that we are doing what we can, in line with risk assessments, to maximise our capacity. We have also extended the validity of test pass certificates for learner drivers. We are committed to doing what we can to minimise disruption and restore our services as quickly and safely as possible.

Tom Buchanan (DUP, West Tyrone)

I thank the Minister for her response on the issue. We are open for business again on Friday 11 December.

Students who have booked to do their driving test will be coming in that day. They do not want to cancel the test again, as it will have been cancelled on a few occasions, and they may not have had a driving lesson for two, three or four weeks prior to the test. Will you engage with your Executive colleagues to allow those students a little flexibility so that they can have a final driving lesson on Thursday 10 December, the last day of lockdown, in preparation for their driving test without cancelling it for a third or fourth time?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. He is correct: we will resume driving tests on 11 December. While driving instruction was suspended during the recent period of increased restrictions, it was still possible for learner drivers to practice their driving under supervision from someone in their household or support bubble. Candidates who are concerned that they will not be ready for their driving test when it is scheduled to take place should contact the DVA. We are open to offering refunds and rebooking tests, but I hope that, during the period of restrictions, our learner drivers were still able to practice safely on the road in line with the regulations.

Pat Sheehan (Sinn Féin, Belfast West)

Gabhaim buíochas leis an Aire as ucht a freagraí. I thank the Minister for her answers. Many people are waiting for driving tests, Minister, and a lot of them depend on their car for essential travel. How many tests per week do the DVA anticipate doing when services resume? How long will it take for the backlog to be cleared?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. This is not a normal year, so assessing the current demand for driving tests is difficult. In order to book a practical driving test, a learner driver must first pass their theory test. As of 1 November, over 21,000 people held a valid theory test pass certificate, and, therefore, that is the maximum number of people that could apply for a driving test at that time. However, some of those learners will have already secured a slot and will have their test between now and the end of February.

I understand that learner drivers are hugely frustrated and really want to take their test, but it is a close-contact service, so we have to undertake risk assessments and adapt our services accordingly. That is why, in response to a previous question, I wanted to emphasise that we have extended the theory test pass certificate period because we hope that that will go some way to mitigating the disruption caused to learner drivers. Of course, we are not in normal circumstances, and we will continue to do all that we can to increase capacity so that all the learner drivers who want a test can book it as quickly as possible.

Cara Hunter (Social Democratic and Labour Party, East Londonderry)

Minister, I understand that the Executive's decision to impose the restrictions has affected the DVA service, and I welcome how quickly the Minister and her Department have responded. With regard to communicating with the public on COVID-19 and driving tests — you have touched on this already — will social media and nidirect be updated with guidance, as that is the usual route through which most people receive timely access to information?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for her question. As we respond to and recover from COVID, it is really important that we communicate consistently, clearly and constantly with the public not just about the restrictions but about how services are affected as a consequence. As I said, DVA is dealing with a significant workload, and officials are working hard to keep drivers safely on the road and to adapt and support new learner drivers at this challenging time. I assure the Member that the DVA will continue to communicate the opening of general bookings to the Northern Ireland Approved Instructor Council and will write to all driving instructors to advise them when the booking service will be available. As the Member has rightly pointed out, social media is an important tool in communicating with the public, and we will continue to provide updated information on nidirect and ensure that any changes are communicated through all social media channels.

Paula Bradshaw (Alliance, Belfast South)

There was a system in place for a few months that gave priority to the essential workers whom Mr Sheehan mentioned. I have a constituent whose theory test was delayed and then delayed again. She has a low-wage job and has had to use her own money for taxis to get to a COVID test. There is discrimination against essential workers, and the whole system needs to be reviewed.

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for her question. She makes an important point. Following the reopening of the online booking service, from 5 October, we moved to a full opening of the system because we were mindful that some people had their tests cancelled way back, and we have tried to manage that in as fair a way as possible. There was a process prior to that for critical workers based on a priority waiting system, and that looked at a combination of the applicant's role and whether a driving licence was needed for their job or for commuting to work. We are keeping that situation under review, but the approach that we have taken since is to open up the system to all applicants. If the Member has significant concerns, I am happy for her to write to me directly about them.

Roy Beggs (UUP, East Antrim)

I put on record my thanks to the Minister and the DVA for facilitating driving tests for a number of key workers to enable them to carry out their duties. I am aware of ongoing problems with one constituent who applied in July and was given a date that was subsequently cancelled because of COVID. That person is still waiting.

The Minister mentioned that recruitment is still going on. It is disappointing that it has taken so long to recruit. Does she agree that the time taken for the recruitment process is excessive and that, given these exceptional circumstances, the process needs to be speeded up so that key workers, young people and members of the public who need a driving test can be facilitated by trained instructors in a timely manner?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question and for his kind words about the hard work of the officials. As I said, we are recruiting 27 permanent and temporary examiners. We are working off a merit list for a number of those, but we also have to make sure that all those who are recruited are fully trained. These driving examiners are taking pupils out, and we need to make absolutely sure that they are trained because this is a road safety issue. We are, of course, trying to do things as efficiently and effectively as we can, but it is always about balancing that with my statutory responsibility for ensuring road safety.

Alex Maskey (Sinn Féin, Belfast West)

Questions 7 and 11 have been withdrawn.

Harry Harvey (DUP, Strangford)

2. Mr Harvey asked the Minister for Infrastructure when she plans to approve the upgrade of the A7 from Doran's Rock to Saintfield. (AQO 1230/17-22)

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. The A7 Doran's Rock to Rowallane scheme is at an advanced stage of development, and the design work and an environmental assessment for the scheme are substantially complete. The next stage of development work will include taking the proposal through the statutory procedures, which will include a vesting order to secure the land required for the school from adjacent landowners. The A7 from Downpatrick to Belfast forms part of the strategic road network and is classed as a link corridor.

My Department is developing proposals for a new regional strategic transport network transport plan that will set out the priorities for future development of the main road and rail networks across Northern Ireland. I will consider proposals for improvements to the A7 as part of that process. This plan is still in development, but, once I have identified my preferred options and priorities, a draft document setting those out will be issued for public consultation, giving you an opportunity to support or challenge the proposals.

Harry Harvey (DUP, Strangford)

As you are aware, Minister, the short stretch of the A7 between Doran's Rock and Saintfield is a main route linking Downpatrick to Belfast. This is the final link in that road that needs to be upgraded. Given that this part of the district has seen little investment in infrastructure lately and given that no work has been carried out on the scheme for some 10 years now, I was seeking assurance from the Minister that she will look into this to see that it is completed soon. I got that assurance.

I will ask my supplementary question. Minister, while we are talking about roads and transport issues, have you given consideration to biennial MOT testing for motor vehicles when they reach four years of age as opposed to it being done annually as it is at present?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his questions. I think that I have addressed the first part of your question in saying that I will consider that as part of the wider strategic road network, and I am happy to hear your views on it at that stage.

I was keen to look at biennial testing, but events have somewhat overtaken us in terms of COVID and staffing resource. I am keen to move to a call for evidence on that issue at the earliest opportunity. It is an important area that we must examine thoroughly when deciding on next steps.

Liz Kimmins (Sinn Féin, Newry and Armagh)

The Minister will not be surprised to hear this, but another road that is in desperate need of upgrading is the A1, and, unfortunately, in the last number of weeks, we have seen yet another fatality there. I am sure that other Members saw the segment on the news last week about those who have been campaigning long and hard for improved safety on that road. Can the Minister state when, if next month's decision on the inspector's report is positive, construction is likely to begin?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for her question. I am very aware of how important the A1 improvements are to the many people who have expressed their support for the scheme, especially those who have lost loved ones. I saw that segment on the news. My thoughts are with the family who lost their loved one in the collision on the A1 earlier this month.

As the Member will know, the inspector issued his report to the Department on 19 October. Officials will require some time to fully consider the inspector's proposals and recommendations. When I have been apprised of the findings, I will give them careful consideration before deciding on the next steps for this scheme. I assure the Member that I very much recognise the importance of these improvements. I hope to be in a position to publish the Department's response to the inspector's report towards the end of January 2021. I am committed to moving it forward at pace, if, as the Member indicated, upon the completion of all of those statutory processes, the decision is positive.

Colin McGrath (Social Democratic and Labour Party, South Down)

I welcome the assurances from the Minister about the A7, not least because it will enable people from Belfast to enjoy the delights of Downpatrick much more easily.

Another road that is due an upgrade is the ring road bypass around Ballynahinch. Can we get an update on that bypass and where we are with the project?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. In June, I announced my commitment to fund the continued development of a number of strategic road improvement schemes, including the Ballynahinch bypass, as part of my plan to aid economic recovery and community transformation while addressing regional imbalance. The Ballynahinch bypass scheme is now at an advanced stage of development, and preparatory work on contract documentation has been completed. I have asked officials to complete the work necessary to allow me to make the direction order, and this includes a review of the environmental reports, which is nearing completion. Subject to the outcome of the review, I hope to be in a position to make the direction order for the scheme in the new year. I reaffirm my commitment to moving ahead with the Ballynahinch bypass while also promoting the opportunities for active travel in the town. I will be and am considering the next steps.

Karen Mullan (Sinn Féin, Foyle)

4. Ms Mullan asked the Minister for Infrastructure what measures her Department is taking to address flooding issues along the River Foyle. (AQO 1232/17-22)

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for her question. A feasibility study for Derry completed earlier this year by my Department recommended significant flood alleviation works to both banks of the River Foyle in the city centre to provide protection from coastal and river flooding. The associated business case has recently been approved, and it is anticipated that the Derry flood alleviation scheme, which is estimated to cost £17·3 million, will progress to the detailed design stage within the next few months. In conjunction with this work, and as part of the Living with Water Programme (LWWP), I have also recently allocated £130,000 from this year’s budget to start the development of a Living with Water feasibility study in Derry.

Karen Mullan (Sinn Féin, Foyle)

I thank the Minister for her response and that update. That is very welcome, Minister. I ask that areas such as Foyle Road be included. I have written to you on this, and you responded yesterday. I will arrange a meeting locally with your office. Can you give assurances that your Department will effectively deal with the problem following our engagement, given that your Department has had to respond nine times in the past two years to flooding in the Foyle Road area?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for her question. She has corresponded on the matter with me, and I have said that my officials are to meet with her on-site so that we can see what we can do to address the issue and to support the local community, which may be affected by any flooding in the area.

Mark Durkan (Social Democratic and Labour Party, Foyle)

I thank the Minister for her action. Clearly, she is delivering on promises and making progress in the north-west. I was delighted to welcome her to Derry last week. Can the Minister provide an update on the LWWP in Derry, please?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question and his kind words. I was pleased to visit Derry to mark the completion of works on the north-west transport hub. The Member will be aware that 'Living with Water in Belfast', an integrated plan for drainage and waste water management in greater Belfast, was published for consultation on 11 November.

The draft plan indicates that approximately £1·4 billion of investment is needed over the next 12 years to upgrade the drainage and waste water infrastructure in the greater Belfast area to protect against flooding, enhance the water environment and facilitate growth. The focus of the programme is on developing integrated catchment-based solutions to manage rainwater on the surface and, where possible, avoid hard-engineered drainage solutions that involve long-term operating and maintenance costs. It is my intention to bring the final plan to the Executive for approval in the spring of 2021, and, following the publication of the final Belfast plan, I intend to publish guidance on the development of integrated drainage investment plans across the rest of the North.

As I said, I have allocated £130,000 from this year's budget to start the development of a Living with Water feasibility study in Derry. The study will initially focus on working with the designers of the A2 Buncrana Road strategic improvement scheme to bring forward integrated drainage solutions locally. The study will examine opportunities to use blue-green spaces such as the linear park — Galliagh, is it? — to reduce naturally surface water flows in order to improve water quality in the rivers and reduce flood risk in the surrounding area.

Rosemary Barton (UUP, Fermanagh and South Tyrone)

Minister, following the recent peatbog slide at Meenbog, where a large quantity of peatbog land was displaced into the Mourne Beg river, do you accept that such bog slippage has endangered a pristine salmon river, releases captured carbon, reduces ponding and further increases the risk of flooding downstream? How will your Department limit the chance of that occurring in Northern Ireland?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

The Member raises an important issue. That was a serious incident. My officials responded when they became aware of it, and the AERA Minister was on-site with his Southern counterpart. That incident demonstrates the need for joined-up working across the board. Planning can play a role in a number of those situations, as can, as I referred to, blue-green infrastructure and natural catchments. There is a real opportunity to be more creative in dealing with such difficulties.

Gary Middleton (DUP, Foyle)

5. Mr Middleton asked the Minister for Infrastructure what steps her Department is taking to address road safety. (AQO 1233/17-22)

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. I take my responsibility very seriously to promote road safety. This has three strands: education, enforcement and engineering. We work with others, including the Department of Education, the PSNI, the Fire and Rescue Service and the Ambulance Service, and work to develop the new road safety strategy is ongoing. I want to do what I can to tackle drink-driving. On 9 November, I removed the so-called statutory option from legislation, making it harder for some drink drivers to evade justice. I will bring draft legislation to the Assembly early in the new year to increase the fine and penalty points for using a handheld mobile phone while driving and to close the gaps in a law that predates modern smartphone technology. I have also announced the road safety grant scheme for 2020-21, and a number of projects focusing on road safety and active travel will be rolled out across local communities in the coming weeks. I was delighted to allocate £2 million of funding to introduce part-time 20 mph speed limits at 100 schools by the end of this financial year, and I will introduce more as funding permits. My Department also has a rolling programme of educational activities, including the road safety public information campaigns. In recent times, those measures have included promoting the benefits of walking and cycling and doing so in a safe way, taking account of COVID. My Department will continue its engineering efforts, including undertaking general improvements to the network; providing facilities for users who are more vulnerable; introducing measures aimed at regulating traffic; and seeking to maintain the road network to ensure that it continues to be safe for us all.

Gary Middleton (DUP, Foyle)

I thank the Minister for her response and for the work that her Department has done. The most recent figures show that 54 people have been killed on our roads this year. That is up from the same period in 2018-19, despite the fact that we have had a lockdown and fewer drivers on the road. That is very concerning. As we approach a dangerous time of the year, what with the darker nights, will the Minister ensure that her Department will do everything to continue to promote that message and work with organisations such as Life After that support those bereaved through road collisions?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I assure the Member of my commitment and the commitment of all my officials to doing all that we can to improve road safety. He is right to highlight the fact that we are coming into a period of much darker nights, where we will experience some challenges on the roads. I am committed to working with the PSNI, the fire service and a range of partners, particularly community groups, because they have a really important role to play in taking the road safety message to the heart of communities. I am aware of Life After, and I have already agreed to meet it.

Órlaithí Flynn (Sinn Féin, Belfast West)

To follow on from that, I will say that, unfortunately, I have lost two extremely close family members on the roads, both at the start of December, so I am well aware of the impact that losing someone in such a cruel way can have on families.

I know that the Minister will be aware of the new McDonald's restaurant that has opened on McKinstry Road in the Colin area of west Belfast. We met a team of her officials the other week and had a good site visit, but I have the same concerns and genuinely live with a fear that, with kids, young people and people of all ages crossing those four lanes, someone will be killed or really seriously injured. Can the Minister update us on progress or on a timeline for pedestrian safety measures?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for her question, and I offer my sincere condolences on the loss of her family members.

I am aware of the issue, and the Member, along with other colleagues, has written to me about it. There was a site meeting with officials, and signs have been erected, but we need to do so much more. I have asked my officials to work proactively with McDonald's so that we can get a more sustainable road safety solution there.

John Blair (Alliance, South Antrim)

I thank the Minister for her answers on road safety and for the detail given. Whilst I welcome the information on the further roll-out of 20 mph limits outside schools, will the Department pay particular attention to areas that have been raised with it separately, such as Maine Integrated Primary School in Randalstown, which I raised?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. I want to do so much more in that area. Logistically, it is challenging to roll that limit out to 100 schools in this financial year, but it is something that I am committed to doing. I am also committed to seeing it rolled out further to many more of our schools. We have to use a matrix and criteria to do it fairly, but I assure the Member that I want to see 20 mph limits outside many more schools in coming years. I look forward to continuing to work with him as he advocates for that on his constituents' behalf.

Colin McGrath (Social Democratic and Labour Party, South Down)

6. Mr McGrath asked the Minister for Infrastructure for an update on her Department's commitments in 'New Decade, New Approach' (NDNA). (AQO 1234/17-22)

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

The commitments made by parties in 'New Decade, New Approach' will be transformational, and I am committed to doing all that I can to deliver on our shared promise to the people of the North. My Department is progressing Executive flagship projects on the A5 and A6 along with other key infrastructure projects including the A1 junction safety programme, the iconic Narrow Water bridge and York Street interchange. Work is also progressing to develop the design of the Newry southern relief road and other statutory requirements in advance of public consultation. 'New Decade, New Approach' also recognises that significant investment is required in our sewers, pumping stations and upgrades to our waste water treatment works. Progressing action on that, in November my Department launched a public consultation on Living with Water in Belfast, which is the strategic drainage infrastructure plan for Belfast.

Collaboration across our islands is key to ensuring the delivery of the commitments in NDNA, as the agreement also contains pledges from the Irish and British Governments. I have met and had useful discussions with the Irish Transport Minister, Minister Ryan, on how we can work in partnership to progress the shared commitments to improve the lives of all our citizens who share this island. The North/South infrastructure projects in 'New Decade, New Approach' were discussed at the October North/South Ministerial Council (NSMC) transport sectoral meeting. At that meeting, I provided my counterparts with an update on my commitments and priorities, including enhancing the rail network to create a spine of connectivity on the island, the A5 project and the Narrow Water bridge. I look forward to continuing to work closely with Minister Ryan and members of the British Government to realise those commitments.

Alex Maskey (Sinn Féin, Belfast West)

With seconds left, I call Colin McGrath.

Colin McGrath (Social Democratic and Labour Party, South Down)

The Minister has made serious progress in delivering on the commitments of 'NDNA'; in particular, she has clearly set the standard for all-island partnership working and progressing delivery. With that in mind, will the Minister's work towards an infrastructure commission include a focused all-island element?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

The short answer to the Member's question is yes. We need only look at the climate emergency to realise that the issues facing our citizens are not restricted to boundaries or borders. I am committed to working with all partners across this island, and across these islands, as we tackle the challenges facing all our citizens. I believe that an infrastructure commission would play a critical role in delivering that.

Alex Maskey (Sinn Féin, Belfast West)

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

Steve Aiken (UUP, South Antrim)

T1. Dr Aiken asked the Minister for Infrastructure, given that she will be aware that, this morning, the Finance Minister announced the reestablishment of the Procurement Board, to outline how that will effect her Department and how responsibility and accountability will be run within the new board. (AQT 761/17-22)

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. I welcome the Finance Minster's proposals to reconstitute the Procurement Board. The new Procurement Board announced today by Minister Murphy will, I believe, provide impetus to the development of public procurement policy to ensure that it delivers maximum social, economic and environmental impacts.

The Executive spend significant sums of public money annually on procurement, so it is only right that procurement policy is designed and developed by those who manage and deliver government contracts and that policies have Executive approval. I look forward to engaging with the Finance Minister to agree the roles and responsibilities of the new Procurement Board and on how any work will be referred to the Executive. It is vital, as the Member points out, that Ministers have oversight, given our accountability.

Steve Aiken (UUP, South Antrim)

I thank the Minister for her answer. As she will be aware, we have not yet seen the terms of reference for the Procurement Board, and a fiscal council has not yet been established. Bearing in mind those two issues, does the Minister have any concerns, given that her Department will be one of those most closely monitored by the new Procurement Board?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. He will be aware that my party and I are supportive of a fiscal council, as we believe that it is an important tool for planning and for the future management of our finances. We need to be strategic in our investments. I believe that that is important work and that we all should be involved. I look forward to having an input on the terms of reference. I believe that our strategic, long-term approach to, and delivery of, services and projects right across all Departments needs to be much better. It was with that in mind that I set up the ministerial advisory panel on an infrastructure commission, which would have a key role to play in ensuring that we are strategic in our approach and in the delivery of projects to the maximum effect.

Robbie Butler (UUP, Lagan Valley)

T2. Mr Butler asked the Minister for Infrastructure, given that she will be aware that this Thursday, 3 December, is the International Day of Persons with Disabilities, when Parliament Buildings will be lit up in purple as an acknowledgement, to join with him to celebrate the day and to reaffirm the Executive’s commitment to ensuring full equality for disabled people in Northern Ireland. (AQT 762/17-22)

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. He has been a long-standing champion of equality and of the rights of disabled people. I share his commitment and will do what I can. I am fully supportive of Parliament Buildings being lit up to mark International Day of Persons with Disabilities. However, as the Member says, we need to go much further than just lighting up buildings, and I want to assure him that I am committed to doing what I can in my Department.

We are working to ensure that DFI services are accessible and inclusive. For instance, more than 95% of Ulsterbus vehicles are wheelchair-accessible, but they need to be 100% accessible. That is why all future bus and coach purchases will be wheelchair-accessible. My Department and Translink also work closely with the Inclusive Mobility and Transport Advisory Committee, as it is important that disabled people are involved in shaping and designing services from the very beginning. I assure the Member that I am committed to that cause and that I, as Minister for Infrastructure, will continue to do what I can.

Robbie Butler (UUP, Lagan Valley)

I thank the Minister for her answer. Will she provide an assurance that, in her vision to deliver sustainable and green transport strategies, disabled people will be central to every consultation and included in those strategies?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

The Member makes a very important point. We bandy about the term "co-production", but what it should mean is that we are working with our citizens to shape services and to make sure that we have a society where everyone feels involved and where there is equal access. That is why, in the terms of reference for the ministerial advisory panel on the infrastructure commission, I specifically referenced the need for our infrastructure to be not just sustainable but inclusive.

I continue to engage with my Executive colleagues in the hope that we can take forward the recommendations of that panel and have sustainable and inclusive infrastructure right across our society.

William Irwin (DUP, Newry and Armagh)

T3. Mr Irwin asked the Minister for Infrastructure what plans she has to increase resources for the maintenance of B-class and minor roads in the Newry and Armagh constituency. (AQT 763/17-22)

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. He is an extremely active advocate for his constituency. I have made the point to him on a number of occasions about the need to be transformative and to get the basics right. I maintained the budget for road maintenance this year. I also established the rural roads fund, which is £10 million, so I am committed. I have also said that it is very important that we, as an Executive, do what we can individually and collectively to tackle regional imbalance. I am committed to doing more. Of course, what I would like to do is constrained somewhat by the financial envelope within which I have to operate, but I will continue to make the case at the Executive to ensure that we get the funding required to invest in our infrastructure, particularly in our rural areas.

William Irwin (DUP, Newry and Armagh)

I thank the Minister for her response. I am sure that she will accept that some of those minor roads are in a very bad state of repair, with large potholes. I had one lady in my office this morning who had wrecked her wheel on a pothole yesterday afternoon. She told me that the police car had hit the same pothole, also yesterday afternoon. Last year, there were claims of over £7,000 on one pothole. Does the Minister accept that more resources are required to deal with that situation?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his supplementary question. I agree that we need to have more finances and that we need to improve our roads. I think it was the Barton report that identified independently that £140 million is required annually to ensure that our roads are maintained to a satisfactory standard. The Member will be aware of what took place when Danny Kennedy was the Minister for Regional Development. The Department has struggled to recover from that. I assure the Member that I will continue to make the case for greater investment in our infrastructure, because it is key to our communities and our economic growth.

Matthew O'Toole (Social Democratic and Labour Party, Belfast South)

T4. Mr O'Toole asked the Minister for Infrastructure, given that she has talked at length and passionately about the need to use the COVID crisis as a step change towards more active travel and the better use of public transport, particularly in the city that they both represent, to provide an update on the delivery of phase 2 of the Glider service, specifically in relation to South Belfast. (AQT 764/17-22)

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. All politics is local. DFI teams, along with consultants Atkins, are continuing to actively work remotely on the development of that project, which is also a Belfast region city deal infrastructure project. A feasibility and options appraisal is being developed, together with an associated interim outline business case. I hope to be in a position to consider an emerging preferred option later this year. COVID-19 restrictions may, however, have a bearing on that timeline. An interim outline business case for Belfast rapid transit 2 was forwarded to the Belfast region city deal executive board on 12 August 2020. My understanding is that it may be in a position soon to indicate which projects have been successful and how much funding has been allocated.

Matthew O'Toole (Social Democratic and Labour Party, Belfast South)

Thanks to the Minister for her answer. It would be really helpful if the Minister were able to meet me and people who are interested in the possibility of extending the Gilder phase 2 to Carryduff, which is a part of the constituency that has not always been as well connected and funded as it should have been. Will she meet me to talk about the potential of extending the Glider phase 2 and broader possible public transport development in that part of the world?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. There is obviously great enthusiasm for the delivery of that project. There is huge interest in the routes that the Glider will take in both north and south Belfast. I assure the Member that I will consult on routes for phase 2 of the Glider project. I am, of course, more than happy to meet him to discuss the matter.

John Blair (Alliance, South Antrim)

T5. Mr Blair asked the Minister for Infrastructure for an update on the timescale for the review of the Planning Act (NI) 2011, given that, when the Act came into force in 2015, DFI was required by law to conduct a review of it within three years, albeit that the review was delayed, with the absence of a functioning Assembly given as one of the reasons for that delay. (AQT 765/17-22)

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. He is right, there is a requirement to review the Act, and I have initiated that. My officials have attended the Committee, and I hope to be in a position, later this year, to be able to provide an update to the Committee and the House.

John Blair (Alliance, South Antrim)

I am keen to know whether the Minister can provide any information on the sectors, groups or organisations that she has consulted with on the review.

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

As part of the review, my officials have been engaging with key stakeholders. I recently met with the Northern Ireland Local Government Association, and that was one of the issues that it wanted to discuss with me. I reassured it that, given the critical role that councils play in our Planning Service and the delivery of a much-improved Planning Service, they will be central to the review and will be widely consulted. We will be engaging with stakeholders, right across the board, on the review and as we work to identify what needs to change, from a legislative and non-legislative perspective, to improve our Planning Service.

Gerry Carroll (People Before Profit Alliance, Belfast West)

T6. Mr Carroll asked the Minister for Infrastructure for a breakdown of the 500 extra bus services that were announced several months ago to deal with COVID and to state how they relate to his West Belfast constituency, including any extra buses. (AQT 766/17-22)

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. He is correct. To ensure the safety of passengers and staff, Translink provided 500 additional buses. I do not have at hand the specific breakdown of the information that he is seeking, but I am more than happy to write to him and provide that information.

Gerry Carroll (People Before Profit Alliance, Belfast West)

I thank the Minister for her reply. It is important, for her benefit, to emphasise that the Glider service, particularly in my constituency, is regularly full to the brim of people trying to get home from school or work. In those circumstances, I question whether it is possible to socially distance. Will the Minister commit to ensuring that extra buses will be placed on routes in my constituency, including buses that have more space and capacity than the Glider, to avoid a situation where students, workers and everybody are forced into potentially hazardous situations?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for his question. I am aware of occasions when there have been a substantial number of passengers on Glider services, making it difficult to be socially distanced. It is my understanding that Translink has been providing additional services along the routes where that is occurring. The challenge is that our young people, in particular, prefer to use the Glider, with its access to the internet, rather than use a standard bus. It is something that we are working on. We are working with Translink to engage with schools to reinforce the public safety message and the requirement to wear face coverings. There are a number of measures that Translink is taking to try to address the issue. I am happy to provide the Member with the information on the routes that he was speaking about.

Karen Mullan (Sinn Féin, Foyle)

T7. Ms Mullan asked the Minister for Infrastructure, while sticking with the theme that all politics is local, for an update on the plans for a residents’ parking scheme and traffic management facilities in the Bogside and Bishop Street area of Derry. (AQT 767/17-22)

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

I thank the Member for her question. One of the joys of being the Infrastructure Minister is that you get a whirlwind tour of all the constituencies and to hear about the important issues that are facing communities.

On the residents' parking scheme, the Member will be aware that officials are reviewing the analysis of the scheme that was carried out on Rugby Road. I have not been presented with the findings of that yet. However, I am very clear that, when we have those findings, we need to be learning lessons. I am mindful that, in your constituency and others across Northern Ireland, this is an issue of importance to communities and one that elective representatives would like to see delivered. I have committed to continue to work on it, and the Department will publish the findings of the review when I receive them.

Karen Mullan (Sinn Féin, Foyle)

Thank you for that response and the work that is ongoing for residents. It has been an issue for nearly 10 years and there have been many consultations. We would like to see an end to the consultation and something put in place. Could you expedite that work, please?

Nichola Mallon (Social Democratic and Labour Party, Belfast North)

To reassure the Member, the work that my officials are undertaking is not further consultation. They are analysing the successes and the difficulties with the scheme that was devised and implemented in Belfast so that we can adapt that learning and ensure that new schemes that are rolled out are informed by the learning that has gone before to make sure that they are as effective as possible for communities.

Alex Maskey (Sinn Féin, Belfast West)

Time is up, Members. Please take your ease.

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

Oral Answers to Questions — Justice

Roy Beggs (UUP, East Antrim)

Question 2 has been withdrawn.

Cathal Boylan (Sinn Féin, Newry and Armagh)

1. Mr Boylan asked the Minister of Justice to outline her plans to replace the Prisons 2020 strategy. (AQO 1244/17-22)

Naomi Long (Alliance, Belfast East)

Since the publication of 'Prisons 2020: The Way Forward' in July 2018, the Northern Ireland Prison Service (NIPS) has driven a programme of continuous improvement across the organisation, with the aim of delivering better rehabilitation for people in our care.

During the first two years of the programme, we have seen significant progress made towards the strategic commitments across each strand of the programme: our people, our services, our infrastructure and our partnerships. Plans for the first two years of the programme detailed over 180 deliverables, which have resulted in significant improvements for staff and people in our care.

The programme has entered its third and final year, and consideration is being given to how we will maintain the drive for continuous improvement. In light of the achievements made in Prisons 2020, I am committed to implementing a consecutive programme to continue the next stage of our continuous improvement journey. The process to develop our strategic commitments for the next three years will involve analysis of the outcomes of the Prisons 2020 programme, consideration of our recent Criminal Justice Inspection Northern Ireland (CJINI) inspection reports and consultation with our staff, partner organisations and wider stakeholders.

Members will recognise, however, that prisons are a complex and challenging environment, which has been impacted by the pandemic. Those pressures and restrictions have delayed the development stage of the next programme. However, I will be progressing that with the director general once it is deemed safe to do so, and I aim to have the next plan in place during 2021.

Cathal Boylan (Sinn Féin, Newry and Armagh)

I thank the Minister for her answer. Minister, you will be aware that, despite some real improvements in our prisons, several inspections, including at Magilligan and Maghaberry, have reported worse outcomes for prisoners from disadvantaged communities, particularly those in the Catholic community. What work has been undertaken by the Department of Justice to identify the causes of that disparity and to develop effective responses?

Naomi Long (Alliance, Belfast East)

The reasons for people being inside the prison system are multifaceted and complex. The prison system does not have control over the disparity in the number of people within the system. People are committed to our care by the judiciary and the courts. However, supporting vulnerable people in prison is a priority area for the Prison Service. That was clear in Prisons 2020 and will continue to be a focus in the next phase of continuous improvement.

What people have seen in the reviews of and reports on prisons is a significant improvement since the introduction of the supporting prisoners at risk (SPAR) Evolution programme — a person-centred approach in care planning that focuses on supporting the individual. It also aims to support individual needs for people in crisis or distress, addressing the root causes while supporting them through that period in a way that is right for them. As with all prisoners, of course, the focus is on rehabilitation and successful re-entry into the wider community.

Sinéad Bradley (Social Democratic and Labour Party, South Down)

I note that the strategy was to run until March 2021. Does the Minister intend to publish a final report following the final quarterly submission from the Prison Service management board, which provided the oversight arrangements for the programme?

Naomi Long (Alliance, Belfast East)

Yes, it is our intention to produce a final report because that will also be the basis on which we will plan for any other continuous improvement programme that will be issued consecutive and subsequent to the completion of Prisons 2020. I had hoped to be in a position to have more development work done on that this year, but, given the extent of the impact of COVID-19 on prisons, it simply has not been possible. However, we are hopeful that we will be able to do that during 2021.

Doug Beattie (UUP, Upper Bann)

It is good to hear the Minister say that people are one of her priorities; quite rightly so. Although not a statutory responsibility of the Prisoner Ombudsman, will the Minister support the ombudsman's request to look at the staffing level of night custody officers at Her Majesty's Prison Maghaberry?

Naomi Long (Alliance, Belfast East)

The Member continues to return to this issue despite the fact that the director general for prisons has been very clear that our prisons are properly and adequately staffed. We will, of course, consider any request from the Prisoner Ombudsman to look at any aspect of the Prison Service. However, I ask the Member to reflect on the information that the director general has provided, on a number of occasions, on the management of night and daytime custody.

Jim Allister (Traditional Unionist Voice, North Antrim)

Given the very clear connection between our prisons and our criminal justice system, does the Minister think it appropriate to join in a tribute to Lord Kerr, who sadly passed away suddenly this morning? Lord Kerr was a man whom I knew throughout my professional life, first as a member of the Bar and then as he progressed through the various tiers of the judiciary. He served with distinction at a time when many judges were under serious threat, and some were murdered by the IRA. Of course, he became our Lord Chief Justice and went on to be our representative in the Supreme Court until just three months ago. Will the Minister join in a tribute to him and in extending condolences to his wife, Gillian, and family?

Naomi Long (Alliance, Belfast East)

Very much so. As the Member indicated, very sadly, the former Lord Chief Justice of Northern Ireland Brian Kerr passed away today. He served as a member of the Supreme Court from 2009, when it was reconstituted in its modern format, until his retirement only months ago. Indeed, on his retirement, he was the only serving member who had been there when the court was constituted. He distinguished himself in his service to Northern Ireland, and in particular the judiciary, but it goes much wider than that. It goes to the rule of law and to our expectations of fairness and justice. He also distinguished himself in the Supreme Court by standing up for people's rights, which he spoke about often and with passion, and we are all very grateful to him for that. I join Mr Allister in extending my condolences to his wife and children.

Michelle McIlveen (DUP, Strangford)

3. Miss McIlveen asked the Minister of Justice for an update on the independent review of hate crime legislation in Northern Ireland. (AQO 1246/17-22)

Martina Anderson (Sinn Féin, Foyle)

12. Ms Anderson asked the Minister of Justice whether legislation resulting from the recommendations of the independent review of hate crime will be accompanied by an implementation plan. (AQO 1255/17-22)

Naomi Long (Alliance, Belfast East)

With your permission, Mr Deputy Speaker, I will answer questions 3 and 12 together.

I received the final report from Judge Marrinan's independent review of hate crime legislation yesterday. A substantial work of four volumes, it runs to approximately 885 pages and includes 34 recommendations. It is very commendable that he has been able to undertake such a thorough piece of work on this important issue. Colleagues will appreciate, of course, that, having just received the report, I will need to take some time to carefully consider all the recommendations that he has made and the context that he has set out for them.

The next steps will include my officials working to develop an implementation plan that takes account of the recommendations contained in the report. Whilst Judge Marrinan’s report is wide-ranging, the primary purpose of the review was to consider the legislation associated with hate crime, so I will want to give particular consideration to any legislative recommendations emanating from it. Any legislative changes will need to be scheduled into the Department’s legislative programme in due course.

I have written to Judge Marrinan, and met him today, to thank him for undertaking the review of hate crime legislation. I place on record my thanks to him and his team for their hard work on what was a very complex review in what, at times, were very challenging circumstances, particularly in light of the onset of the COVID-19 pandemic. I also pay tribute to those victims of hate crime who spoke with such candour to Judge Marrinan and allowed him to see the impact of hate crime on our community. They have advised us very fulsomely on the way to tackle any deficiencies in the current system.

Michelle McIlveen (DUP, Strangford)

I appreciate the Minister's response. Obviously, when I submitted the question, I did not anticipate it being quite so timely. I commend Judge Marrinan and his team for the comprehensive report that they have compiled. I appreciate that the Minister has just received it, and it is lengthy, but can she assure us that, in her consideration of the report and in the proposed legislation that she will ultimately bring to the Chamber, she will ensure that private conversations in the home will continue not to be subject to criminal law?

Naomi Long (Alliance, Belfast East)

There are a number of things that have been said. I know that Judge Marrinan reflected on freedom of speech when it came to his report, and we need to read and consider very carefully the balance that he has struck. We also need to consider that there are conversations that happen in the home that would be captured by, for example, our domestic abuse offence, legislation on which we are about to pass in the Chamber. We therefore have to be conscious that there are limitations even in the home as to what is deemed appropriate and what is deemed inappropriate. If, for example, someone is engaged in threatening conduct in the home as part of a conversation, that is not acceptable. That is abuse. I therefore would not want to give a blanket confirmation of my position on that. We need to look carefully at the report and at having a balance between issues around hate crime and the ability to speak freely. We need to look at all of that in the round, so I am not willing to give such a commitment today, because it would be premature and cut through some of the other work that we are doing on domestic abuse.

Martina Anderson (Sinn Féin, Foyle)

Minister, as you know, 600 racist hate crimes were reported to the PSNI last year, and only 13% to 14% received prosecutions. That is a shockingly low figure, as, I am sure, you will agree, particularly for the victims who reported and endured those hate crimes.

It is something that we heard very clearly during the Black Lives Matter protests. Minister, I know that you are working your way through all the recommendations, given that you received the Marrinan report only last night, but what do you intend to do to try to ensure that people continue to report such crimes to the PSNI, despite the low uptake of prosecutions? Moreover, what do you intend to do to increase the number of prosecutions for those people who have reported racist hate crimes?

Naomi Long (Alliance, Belfast East)

I thank the Member for her question. There are a number of things that we can all do to encourage people to have the confidence to come forward and report hate crime when it occurs and to ensure that those with whom they are working in the justice system are fully apprised of it. One of the benefits of having the review take place over recent months has been the increased debate and focus on the issue of hate crime and its impact on the wider community. Raising awareness will therefore also help. Undoubtedly, however, when people come to the justice system after finding the courage to step forward and tell someone of their concerns, we want to ensure that the justice system responds effectively and efficiently. Judge Marrinan's report provides a basis for us to ensure that that is the case. It is not the only reported crime that has very low rates of prosecution, as well as very high rates of attrition of victims and witnesses. We experience the same thing with domestic abuse and sexual offences. One of the things that I am looking at very actively is having a victims of crime commissioner: someone who can advocate for and support victims who are going through the process so that we ensure that the justice system is responsive to their individual needs.

Daniel McCrossan (Social Democratic and Labour Party, West Tyrone)

Minister, the public consultation that was led by Judge Desmond Marrinan reports having received over 1,000 submissions. Notably, 80% of those were described as "online submissions". Does the Minister agree with me that any legislation deriving from the review must take serious account of the growing level of hate crime that is evident online?

Naomi Long (Alliance, Belfast East)

Absolutely. It is something that is fully referenced in the report and the recommendations. As Members will be aware, online hate crime and general online crime is a reserved matter for Westminster. I have, however, already been in touch with the Home Office and spoken with Priti Patel and some of her colleagues, as well as with colleagues in DCMS who are taking forward a White Paper on online hate crime. We want to ensure that they take forward that work on online harms or that they will consider giving the Assembly the power to take forward local resolutions. In this instance, it is probably best dealt with at Westminster level, because I believe that the level of clout that we have with organisations such as Facebook and Twitter is much greater at that level, or, indeed, at a pan-European level, where we have some leverage over what their community standards are. Having seen some of the hate speech that is regularly published on Twitter, Facebook and a number of other similar platforms, I think that, if it were to be published in any normal newspaper, the newspaper would simply not exist. The fact that it is allowed to be posted on those platforms from untraceable anonymous sources in order to pester, threaten and intimidate people, spread hate and incite violence is unacceptable. At times, I wonder what the community standards could be of any organisation that does not find some of those comments to be in defiance of those standards.

Steve Aiken (UUP, South Antrim)

I thank the Minister for her answers so far. Does she believe that the term "hate crime" should now also encompass the term "sectarian"?

Naomi Long (Alliance, Belfast East)

That was the first recommendation that Judge Marrinan made in his report. There is huge merit in what he asked for in that he recognises that there are crimes that are motivated by sectarian hatred in society. It is an aggravating factor in those crimes. The way that he suggests that those crimes and, indeed, all hate crimes be dealt with is as an aggravating factor to an existing crime. For example, assault that is motivated by hate, whether that be sectarian or based on someone's sexual identity or race, then has a factor attached that would lead to a higher penalty when it comes to sentencing. It is appropriate that sectarianism be included in that mix, because, undoubtedly, there are areas where we see the impact of hate crime and the chill factor, threat, intimidation and violence that goes with it. We also see the stuff that is perhaps more pervasive and that puts people in their place and lets them know who is in control. If we are not in favour of coercive control through domestic abuse in the home, we certainly should not accept coercive control in our communities.

Paula Bradshaw (Alliance, Belfast South)

One of the recommendations was that the definition of hate crime should be extended to include gender-motivated offences. Does the Minister have any initial thoughts on that?

Naomi Long (Alliance, Belfast East)

There are a number of additional areas to that. In addition to looking at sectarianism as a particular form of hate crime, age, sex, gender and variations in gender characteristics or identity could also be added to the list of hate crimes. Again, my Department wants to look at that very carefully through the overall context of the report. However, in the light of what we have seen, even in recent days, with multiple attacks on women during a short period in our own city, there is certainly merit in looking at whether the motivation for an attack is the gender of the person who has been attacked.

I am glad to see that the report also deals with transgender issues. It is incredibly important that those issues are dealt with at the same time as all the others, because that is an area where the number of people who experience hate crimes and, indeed, discrimination is increasing. We have to prepare for that and deal with it adequately.

Robin Newton (DUP, Belfast East)

4. Mr Newton asked the Minister of Justice what investment is planned for prisons over the next three years. (AQO 1247/17-22)

Naomi Long (Alliance, Belfast East)

The Northern Ireland Prison Service has a central role to play in seeking to make our community safe as we contribute to reducing reoffending and improving the effectiveness of the justice system. It is essential that we hold those who are in our care safely and securely, and it is equally important that we make the community safer by supporting and challenging people to change as we focus on rehabilitation, resettlement and reintegration into society. In order to do that, it is important to have the right infrastructure.

There has already been considerable investment in the Northern Ireland Prison Service under the Prisons 2020 programme. That included the construction and opening of Davis House at Maghaberry prison, modernising the fleet that is used by the prisoner escorting and court custody service (PECCS) and significantly improving how modern technology is used to support people in our care. Subject to funding being made available, that investment will continue, and the Northern Ireland Prison Service has identified four priority areas for consideration in the next three years.

Robin Newton (DUP, Belfast East)

I thank the Minister for her answer. No prison service could achieve the high standards that we all want without the dedication of the staff who are employed in it at all levels. All those staff are agents of change and, indeed, reform, whether that be in the prisons or the young offenders' centre. What specific investment will take place in order to upgrade the skills, qualifications and knowledge of prison staff at all levels?