Tom Buchanan
West Tyrone · Democratic Unionist Party · Northern Ireland
“However, the Bill must give hydro operators clarity and confidence, through a sustainable licensing framework with long-term regulatory certainty, to enable them to invest and upgrade, modernise and improve fish pass technology.”
“I note that quite a bit of work in the Bill falls to the Department with regard to monitoring, enforcement and scientific assessment, which will require adequate resourcing. <BR /> <BR />The Bill must strike the right balance between encouraging investment and protecting sensitive freshwater habitats.”
“I welcome the opportunity to say a few words at Second Stage of the Fisheries, Aquaculture and Water Environment Bill. It is overdue legislation, which touches on three interlinked systems: commercial fisheries; growing the aquaculture sector; and the wider water environment, with an ambition to modernise regulation while supporting susta…”
“<BR /> <BR />Hydro schemes and hydropower to produce clean energy that will contribute to decarbonisation targets must be catered for in the Bill, with a clear vision for their future expansion. Those are not abstract infrastructure projects but local assets that generate clean renewable energy while supporting employment in rural areas.”
“Minister, under your watch, many miles of posts and wire fencing were put up along the A5 western transport corridor. However, in the past few weeks, a good bit of that has been removed by a mechanical digger and pushed into a pile for dumping.”
“In reality, however, every notice, every new form and every new administrative step will be another cost to councils. We simply cannot keep relying on councils to pick up the cost. We cannot pretend that council budgets are elastic, with plenty of stretch left in them. As is the case in many other sectors, councils are under pressure.”
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“Any new sheep scheme or restoration of ANC payments in the absence of an additional funding injection for the overall farm support budget would inevitably lead to money being taken off other sectors that are already struggling, and that would be of greater disadvantage to the entire agriculture industry. We need to bear that in mind when we are looking at the issue. <BR /> <BR />I will deal with some of the issues that Members have raised. The proposer of the motion talked about sheep farming being about more than farming and it being about food security and sustainability. I think that we all agree with that. He talked about the flock performance and the importance of that for future development of the sheep industry, and he talked about the Ulster Farmers’ Union's sheep scheme.”
“Delivering such a pathway will be down to fair taxation and investment in food security and a strategic national assessment. <BR /> <BR />Agriculture support measures should not be in the business of taking money off farmers whose incomes are already going down in order to supplement other farm businesses. Farmers in ANCs got significant uplifts in funding through the way in which the single farm payment is now distributed, and, rather than regressive further area-based payments, we need programmes focused on efficiency and resilience in order to support productive, profitable and sustainable farms.”
“Thank you, Mr Deputy Speaker. As many across the Chamber have said today, the sheep sector in Northern Ireland plays a significant role in the regional economy, with output surpassing £100 million in 2023 and the sector making up 38% of our farm businesses. We must, therefore, be committed to protecting those livelihoods, realising the potential to make sheep farms in all areas and land types efficient, resilient and profitable. Sheep farming, like most other agriculture sectors, is faced with the challenge of an ageing workforce, and, again, that has been mentioned by a number of Members today. For it to be resilient, the sector must not only be profitable enough to make sheep farming an attractive career option but have a pathway for new entrants and farm succession.”
“I thank the Minister for her response. The Minister will be aware, through social media, of a sign that has been erected in Castlederg calling for the boycott of businesses and stating that there is "no alternative" to such a call. Does the Minister agree that that is an incitement to hatred and an attack on the minority unionist culture and the business community, and is further intimidation to that experienced by many innocent victims over recent years? Will she join me in condemning the action and calling on Derry City and Strabane Council to have it removed with immediate effect?”
“<BR /> <BR />Allowing the sign to remain damages not only the community's values but the council's credibility. The council must therefore demonstrate leadership and accountability and take swift and decisive action to ensure that the sign is removed and implement measures to prevent such incidents happening in the future. We cannot have that type of thing happening in Castlederg or any other town across Northern Ireland. Those days are in the past. It is time for those living in the past to come into the real world and seek to work together with everyone to ensure that businesses across Northern Ireland thrive and get the support that they require.”
“We know that there has always been an alternative to the murder, the bloodshed, the bombings, the intimidation and the devastation caused by Republican-inspired sectarian bigotry and to the boycotts, both in the past and today. I call on those who erected the sign to remove it immediately. If it is not removed, the council must step up to the mark and have it removed. Business owners in Castlederg must be given full support, irrespective of the religious background they come from. Given the recent opening of the redeveloped Diamond area in Castlederg, the new play facilities at Castle Park and the COVID recovery paint scheme in the town, it is now time to get behind the businesses and the community and give them the support that they need, rather than taking such a divisive backward step.”
“Therefore, to call for a boycott of businesses and state that there is no alternative to such action is but a continuation of the anti-Protestant/unionist campaign of hatred that caused devastation to many families in Castlederg over the thirty years of the IRA terrorist campaign.”
“I condemn those who, under cover of darkness on Thursday night past, erected a large sign on the wall of Priest's Lane car park calling for a total boycott of all shops and businesses in Castlederg, as they had taken umbrage at the flying of a Union flag in the area. <BR /> <BR />It is nothing short of hate speech and an incitement to hatred that contributes to division and fear. It is a direct and deliberate attack on the minority Protestant/unionist community and all the business owners across the Castlederg area. Business owners are not responsible for what is placed on a lamp post in Castlederg.”
“I thank the Member for her intervention. I urge the Minister to be more proactive in bringing forward plans for more meaningful enforcement against developers. We cannot simply continue with a situation where a developer builds the houses and sells them but defaults on the completion of the roadway, the footpaths and the lighting. The majority of the time, it is all down to the sewerage network being incomplete and insufficient. Therefore, stiffer legislation must be put in place to hold developers to account for that. If they do default, the money should be in the bond to bring it up to a sufficient standard.”
“NI Water has said that it does not have the money, and the bond is insufficient to repair the sewerage network in the area.”
“When we take the main body of the sewerage and storm water systems, no checks are carried out during the laying of that pipework. In 99% of cases, it is the sewerage and storm water pipework that fails the test, which results in so many developments lying unfinished. Minister, that practice must change. Any bonds that are set must be sufficient to cover a default. There should be inspections during the laying of the sewerage and storm water pipework. NI Water has advised me that it does not do any inspections during the laying of the pipework. Again, the developer is getting off the hook and is not being held accountable. For one of the developments in Omagh, NI Water sent me a list of the defaults within the sewerage system, which is why the development cannot be adopted.”
“I heard you say earlier that it is up to the developer to complete the development. That is absolutely right, but then there is a fallback position if the developer defaults: a bond. Yet, on a number of occasions, if the bond covers 25% of the work that is left to do, that seems to be the problem. I cannot for the life of me understand why the Department sets a bond that is so insufficient to cover a default when something like that happens. That leaves a situation where the bonds are not worth the paper that they are written on. <BR /> <BR />I have contacted building control about inspecting the sewerage systems during installation. That is a role that building control officers have to play, but they only inspect the sewerage system within the curtilage of the property.”
“That is only one small area of the constituency of West Tyrone, and we are dealing with these unadopted developments right throughout the constituency, and, yet, developers are being let off the hook, and that should not be the case. Developers should not be let off the hook on this issue. When a developer comes into an area with a new development and gets planning permission for it, a bond is required. We have heard much about the bonds today. A bond is required by DFI and by NI Water, yet, on every occasion, when I request that DFI and NI Water use the bonds to make good the default, we are told that, on some of the developments, it is inadequate to cover the costs. Minister, I have to ask why. Why is a bond that is set by the Department inadequate to cover the costs when the developer defaults?”
“<BR /> <BR />Homeowners, who purchased their properties in good faith, with the expectation that the developments would be duly completed and adopted, are now left in a position where they cannot sell their property. Many, perhaps, are first-time purchasers who now want to move on and are unable to get a sale due to the unfinished condition of the development. When we contact the relevant authorities, we are told that it is now up to the homeowners to rectify the problem. I say to the Minister that the Department cannot simply wash its hands of the issue and leave it at the door of the homeowners. In my constituency, I have been dealing with a number of developments that have been sitting unfinished for years. In recent correspondence, the Minister informed me that, in the Omagh area alone, there are 76 unadopted developments.”
“I thank my colleagues tabling the motion. A lot of the issues have been covered, so I will be as brief as I can. Unadopted housing developments are a blight right across our constituencies, with unfinished footpaths and roadways posing a serious health and safety risk to homeowners and residents in these areas. Kerbs and manholes protrude above the base coat of tarmac, leaving potential trips and dangerous and hazardous conditions for the residents, including children, elderly people and all who reside in the area. Indeed, in many cases, council refuse lorries will not enter those developments in their unfinished conditions, meaning that homeowners have to take their bins to the entrance of the developments. I know, Minister, that you will agree that that is a totally unacceptable situation.”
“Minister, it is disappointing and perhaps a little alarming that you are pressing on with unrealistic targets and refusing even to look at introducing primary legislation on more realistic targets. However, you have talked about broader representation on the just transition commission to include representatives of other sectors, such as the energy and transport sectors. What do you envisage will be the total membership of the commission and its annual cost?”
“Minister, James Corrigan, the Deputy Chief Inspector of Criminal Justice, advised that the case should be handed over to Deloitte. Why has that advice been ignored, and why, on two occasions since taking up office, have you refused to meet me to discuss the case?”
“Is it not unusual for a special adviser to want only one week's notice, or was her swift exit due to another position that she may have been pursuing?”
“Where there is a will, there is a way, and if you are prepared to take this forward, there is no doubt that legislation on a register for animal welfare offenders can be brought to the House and supported. <BR /> <BR />Therefore I commend the motion to the House.”
“My colleague Phillip Brett, a member of the all-party group on animal welfare, spoke about animal cruelty and how those involved are a scourge on society. We all agree that those involved in animal cruelty are a scourge. It is morally imperative that we, as legislators, put in place legislation that is as strong as possible to stop animal cruelty. <BR /> <BR />The Minister set out the legislative process that exists. He said that action will be taken where a breach is detected. He wants this to be a place where animals are protected and valued. He raised some concern about data processing and data protection. Minister, all those issues can be overcome.”
“He spoke of the love that domestic animals bring and how many families across Northern Ireland have that love for the domestic animals.”
“While councils and other agencies have responsibilities, it is up to the Department to give the lead to the councils. We have 11 councils that perhaps do different things, but, if the Department were to take the lead and set the standard for them, the councils would all take the same approach. Again, there is a role for the Department there. My colleague talked about the inconsistent approach in the justice system and said that a stronger deterrent is required. He also said that those who have been charged must be held accountable for their actions.”
“She spoke of work that was done in the House in the past and said that all that remains is for the Minister to pick up the mantle and progress with the register. I think that everyone around the House will agree with that: it is up to the Minister to pick up the mantle of the work that has already been done and take it forward. She said that sentences must be enforced but it is impossible to do that without a register. She said that we should move forward and get it done rather than paying more lip service to it. While we have paid lip service to it around the Chamber today, let us now make progress and get something done about it. <BR /> <BR />My colleague Stephen Dunne spoke of the important role for the Department, the councils and the PSNI and mentioned the need for a more joined-up approach.”
“<BR /> <BR />Áine Murphy spoke of the Welfare of Animals Act of 2011 and said that more work is needed to strengthen it. She mentioned the problems around data protection and the requirement for updated data on offenders. She said that we must remain steadfast on the protection of our animals. There is a clear message coming from around the House today that we all need to stand steadfast on the protection of our animals. <BR /> <BR />My colleague Joanne Bunting said that she is extremely passionate about the issue. She talked about the bizarre position that there is no record of the people who are already banned from keeping animals. That is where the downfall is: there is no record of those who are banned from keeping animals.”
“It is all very well to stand up in the House and say that they take the matter seriously, but let us see what positive action will be taken following the debate. <BR /> <BR />Robbie Butler spoke of the USPCA proposals to strengthen animal welfare. Of course, the USPCA brought forward proposals, raised concerns and talked about how the Assembly should take note of the issues. <BR /> <BR />Mr McGlone supported the call for the Minister to move forward with the establishment of a register for those convicted of animal welfare crimes. He spoke about a public petition that was brought to the House some time ago. He said that our key priority should be to ensure that a register is established in order to protect the animals in our society.”
“She said that the cut in funding will have devastating effects on councils that are seeking to carry forward their work on animal welfare issues. She also talked about data protection and cited other areas around the world where such a register is already in place. <BR /> <BR />Declan McAleer spoke of the importance of government agencies working together to address this important issue. It is key that Departments all work collectively to address the issues that we have before us. <BR /> <BR />John Blair said that his party takes the issue seriously. Well, his party has the AERA Ministry and the responsibility sits there, so let us see whether the Minister will now take positive action on the issue.”
“Another approach that we need to consider is raising awareness among our young people and educating them about responsible ownership and the value of animals. That should go a long way towards rooting out the evil crime against our animals, but the register is one of the main things that we need the Minister to introduce. <BR /> <BR />I will focus on some issues that were raised on the Floor today. My colleague, in proposing the motion, spoke about enforcement measures and said that they needed to be robust and effective. That is the big difficulty: the measures are not robust and effective enough to cut out the problem. She spoke about her disappointment with DAERA cutting financial resources to councils and pointed out that, in 2016, seven councils called for the establishment of an animal welfare register.”
“If we are serious about avoiding repeat harm and taking a preventative approach to crime that impacts animals, we cannot shrink from our responsibility to exhaust all avenues to make progress on the matter. While there are complex issues around data protection, human rights and cost, those must be addressed and overcome. <BR /> <BR />The lack of a central banned offenders register means that reputable dealers and rehoming charities do not have access to the information that they require to vet individuals who express an interest in purchasing, rehoming or assuming care of an animal. It also results in police officers and animal welfare officers being unaware of whether a potential offender is banned from owning animals when they investigate fresh complaints.”
“Therefore, we must all strive to ensure that animals in our society, whether farmed animals or pets, are cared for and treated appropriately; that those who abuse animals are punished and pay the price for what they have done; and that those with statutory and legal responsibilities for animals' care and welfare and for enforcement have the required support and resources to carry out their responsibilities. <BR /> <BR />In the absence of a register of animal welfare offenders, bans on convicted offenders are particularly worthless. Offenders can be banned by the courts one week but, within a few weeks, can acquire animals again and reappear in court on further cruelty charges, simply as a result of the fact that the authorities and rehoming charities and other responsible bodies have no knowledge of those individuals' status.”
“Thank you, Principal Deputy Speaker. I thank all the participants in today's debate. <BR /> <BR />The creation of a register of animal welfare offenders is an essential step in the protection of our animals from the hands of those who treat them with such cruelty, inflicting untold pain on them and, in some cases, leaving them to die in some of the most horrendous circumstances. I am sure that everyone in the Chamber has, at some stage, seen photographs or videos of animals that have been in a very poor condition.”
“I agree with the Minister that finance is a huge problem and needs to be addressed in order to tackle the huge issue of poor water quality in Northern Ireland.”
“Any future river basin management plan must recognise the progress made to date through existing strategies and projects such as the Living with Water programme and the soil nutrient health scheme. Indeed, independent businesses are leading the way in building knowledge and capacity around environmental sustainability and the potential risk to water quality. <BR /> <BR />Of course, enforcement must avoid a broad-brush approach. That will mean targeting deliberate and repeat offenders while providing advice and education to all sectors with responsibility for the preservation of water quality. There is always the concern that the scale of fines faced by farm businesses is unfairly inflated in comparison with that faced by other offenders for similar offences. We need to see more consistency in that area.”
“<BR /> <BR />Although the Minister outlined his intention to facilitate the ongoing review and bring forward the third cycle river basin management plan, it is important that every opportunity is taken to home in on local concerns about water quality and identify solutions specific to those catchment areas. In some areas, concern has been expressed in recent times that that localised focus has been diluted, with little consideration being given to the voice of the people in those areas in relation to possible solutions. I hope that the Minister does not intend to proceed on that basis but recognises the importance of the voice of the people. I hope that he will ensure that future implementation and governance structures are catchment-based.”
“Thank you, Mr Deputy Speaker. <BR /> <BR />I do not intend to go through what everyone has said, other than to say that fresh water is an essential and natural resource. As we approach the issue before the House today, there is no doubt that everyone wants to achieve the same goal, and that is to see a vast improvement in our water quality, our rivers and lakes across Northern Ireland. <BR /> <BR />We all recognise that our rivers are a precious commodity and a natural resource. As my colleague who moved the amendment said, there are areas where our rivers have been turned into nothing more than open sewers. We face a deplorable situation, and it has a huge impact, resulting in the loss of habitats and biodiversity and in lasting socio-economic damage for those living and working in affected areas across Northern Ireland.”
“With that, I will have to leave it as my time has gone.”
“He said that it stands at a critical junction, with anxiety and mental health issues among farmers increasing, and that long-term, sustainable funding is required.”
“The proposer of amendment No 1 tabled that amendment because of concern about pillar 2 not being mentioned in the motion and because of the importance of rural development funding to rural communities. <BR /> <BR />My colleague Michelle McIlveen spoke of the various policies that are now in the mix. Of course, policies relating to the agriculture and farming industry are increasing. All the new policies that are coming in, and where it will end, can sometimes be a bit of a concern. She said that the Minister could do more on ammonia, planning and TB. The Minister mentioned the action that he plans to take on those issues. Robbie Butler spoke about farming being at the heart of the rural community.”
“Safeguarding direct farm support should be the central tenet of the Government's policy on promoting food production and food security. However, it should not be the only priority; creating the proper conditions for on-farm investment in more sustainable and productive technologies and buildings must also be a priority. <BR /> <BR />I will mention some of the comments that have been made in the debate. The proposer of the motion spoke about the single farm payment and the multiplier effect and increased spending power that that has in rural communities. He said that it is central to sustaining growth and that there is a need for a robust and long-term commitment to agriculture. That is exactly what we need: a robust and long-term commitment to our agriculture sector.”
“However, it is clear that simply maintaining the level of direct support available at 2020 levels, ignoring the impact of inflation, is no longer sustainable. Others around the Chamber have mentioned that today. We must ensure that future allocations are future-proofed so that our farm businesses are protected and treated equitably. The Labour Government must continue to value primary production and make food security a national asset by providing an increased multi-year, ring-fenced farm support and development programme budget. Given increased costs of production, many smaller farm holdings are struggling financially, with some paying off debt that has been accumulated over the past few years due to profit loss in their business.”
“Of course, there is a little concern about farms perhaps being left as unsustainable by the new A5 road that will be coming through. With some of the Ministers, we will have to look at proper funding packages for those farmers in order to allow them to redevelop and rebuild their farm holdings when they lose their land for that road to be built. <BR /> <BR />Single farm payments have been critical in supporting our agriculture industry, especially our smaller farms, to be financially viable and environmentally sustainable. That is why, in the previous Westminster term, our party secured a guarantee from the Government that the level of annual support provided for direct farm payments would be maintained at pre-2020 levels for the duration of that Parliament.”
“Thank you, Madam Principal Deputy Speaker. <BR /> <BR />The amendment has been well articulated by my colleague Michelle McIlveen. I thank all who took part in the debate: those who brought the motion, and the SDLP for bringing the other amendment. It is something that has obviously united everyone in the Chamber. This is an issue that lies at the heart of everyone in the House, and therefore we need to support it as best we possibly can. <BR /> <BR />I come from the rural constituency of West Tyrone, which consists largely of agriculture enterprise. Many of the farm businesses are small, family-run farms. No one can overestimate the economic benefit that those small farm holdings have brought to rural communities.”
“I thank the Minister for that answer. What impact will the £20,000 registration threshold have on small charities?”
“Minister, the majority of the road runs through the entire constituency of West Tyrone. Given that our rural economy depends so much on its agriculture industry and on third- and fourth-generation farmers, what conversations have you and your officials had with LPS about proper compensation to allow those farmers to rebuild their farm businesses and with the Planning Service, which is a real hindrance to the farming community when it tries to rebuild farm businesses?”
“I welcome the statement today as well. It is reassuring that none of the acute services is going to be closed during or after the process. Will the Minister assure us that each acute and local hospital will be utilised to its full potential? Far too often, when we see a change coming, we can see the gaps that will be left. That leaves the hospital not being utilised to its full potential, which then creates problems with the retention and recruitment of staff, as we have seen in the South West Acute Hospital (SWAH).”
“What assessment has the Minister made of the detrimental impact that such a move may have on small farm holdings that, despite being small, produce quality meat to the food chain, which, in turn, provides an income for that small farm holding?”
“Thank you. We look forward to those measures, and to the Minister providing the clarity that has been asked for around the Chamber today. I commend the motion to the House.”
“Another issue that has been raised around the Chamber today is that new and replacement dwellings must be treated with different measures; not all measures in the draft strategy are suitable or sustainable. Any proposal must be subject to a rural impact assessment. Perhaps the Minister will take all those issues on board. <BR /> <BR />The Alliance Members who spoke said, of course, that they were not in favour of the motion. That is no surprise to us. <BR /> <BR />Patsy McGlone said that investment in improving farm buildings is essential. That process must be looked at again. <BR /> <BR />The Minister talked about striking a balance that provides new buildings and protects our environment. He talked about bringing forward capital investment measures to help businesses improve their environmental performance.”
“A matter that, I am sure, every Member has faced when dealing with agriculture issues is the difficulty between NIEA and SES with planning applications and the confusion that there seems to be between those two bodies. That really needs to be dealt with. He spoke about the problems with replacement buildings and planning applications being no longer allowed under permitted development rights if they fall within a distance of 7·5 km of particular sites. That is a huge drawback for our farming community. <BR /> <BR />Declan McAleer said that Sinn Féin supports a logical and well-thought-out policy and said that a one-size-fits-all approach to ammonia was neither "fair" nor "sustainable". That is a fair assessment; a one-size-fits-all approach will not be fair or sustainable to our farming communities.”
“<BR /> <BR />There was concern that if policy is restrictive, it will reduce the number of livestock on farms and productivity in Northern Ireland. There was a call for the Minister to provide clarity and certainty for farmers, and that is what we need. We need to see the Minister come forward, and we thank for Minister for being here today, with clarity for our farming community. <BR /> <BR />Tom Elliott spoke of the need for improvement in air quality and the environment — of course, that is what farming businesses are all about — and a proactive agriculture policy to provide for Northern Ireland and further afield. He spoke about the difficulties.”
“Therefore, farmers are reluctant to make significant investments in ammonia mitigation measures until there is more clarity on what NIEA might accept. Perhaps we could get clarity from the Minister on what NIEA is really looking for with ammonia mitigation measures. <BR /> <BR />I will deal with some of the issues that were raised in the debate. The proposer of the motion spoke about the importance of the farming industry to our economy, a planning system that is unfit for purpose, delay by over-stringent planning policy and how it costs a farmer between £10,000 and £30,000 to bring a planning application. We need to see evidence of sustained efforts to reduce the applications backlog, and the Minister should bring forward evidence that planning applications are being dealt with in a timely and efficient manner.”