Arlene Foster
Fermanagh and South Tyrone · Ulster Unionist Party · Northern Ireland
“Yet, like too many projects, it has been tied up in legal wrangles. Too many infrastructure projects are being swallowed up in the courts. We need to improve the expertise in infrastructure delivery. We need better infrastructure for the next generation, but key projects being delayed by 10-plus years is unsustainable.”
“Any agreement involves compromises but NDNA had two central pillars that, I believe, remain important: ambition for devolution and a new cultural deal. The breadth and depth of issues that NDNA set us all to deliver on would have been enough to fill an entire term or perhaps more, let alone two years of government.”
“That confidence-and-supply agreement will leave a legacy but also highlights our challenges. Some £150 million has been rolled out via Project Stratum to bring broadband to rural areas and leave Northern Ireland as the best-connected region in Europe. When it is completed, the project will be transformational to our economy.”
“However, such short-term advantage comes at the cost of long-term harm to relationships. It is not a real partnership. Imbalance and instability are built in that will fester and deteriorate. If Brussels continues to think that the protocol is enough, it is in denial.”
“Colleagues inside and outside the House know very well that all periods of leadership must come to an end. That is why, when we are privileged and, indeed, honoured to hold such a position, we must not waste a moment in frivolous brinkmanship but forge ahead on behalf of those whom we represent.”
“The recommendations of the Commission on Flags, Identity, Culture and Tradition (FICT) are to be taken forward as well. I encourage all of you to do all of it, to take it forward in its totality and to speak of and implement it as one complete, independent package: a new cultural deal for Northern Ireland's new century.”
The complete record
Every one of 3,345 lines we hold for Arlene Foster, in date order, each linked to its source. Free to read, in full, without an account. Page 23 of 67.
“— their credibility will not be helped one iota by what goes on here today. However we got into this position I will make sure that we put it right. It is time for solutions, not for the nonsense we are about to hear from the Opposition. As I said this morning, we will implement a plan; we will get the costs down —”
“I made a full and detailed statement this morning; I gave a lengthy interview to the BBC last week; and here I am, this afternoon, responding to the debate. <BR /> <BR />This does not elevate our political process. It does nothing to solve the many problems and challenges that we face. It reduces our politics to a soap opera and the conduct of the House to little better than a television drama — and not a very believable one at that. Our people deserve better. Last May, I asked the people of Northern Ireland for a mandate: I got it. I do not intend to run away from my responsibilities. After this speech, I will have further meetings about how we find solutions, while others will talk to a meaningless motion in the House and, no doubt, will get coverage on the news tonight. I hope they enjoy it, because — do you know what?”
“For almost two weeks, I have listened daily to lies presented as facts, the truth distorted out of all recognition and a public narrative created and relentlessly pursued that bears no relationship to reality. Now, I am not surprised that the Opposition, in their desperation, seek to exploit the situation for cynical political reasons, but I expect better of publicly funded broadcasters who fail to present the facts in a fair and impartial way. Unfortunately, that has not been the case. From the start of this process, I have not sought to hide from my responsibilities, the House or even the media. I have been out and about, fulfilling my engagements and meeting people from all walks of life who have offered me warm words of encouragement and support.”
“None of the other allegations made in recent days relate to my period as ETI Minister, nor are they particularly germane today. However, I want to reiterate the fact that I had no role whatever in the decision of the ETI Minister to introduce cost controls to the scheme in 2015. My involvement and that of the deputy First Minister in 2016 was to bring forward the closure of the scheme, not to delay it. The publication by the Department for the Economy of the note for the record of the allegations concerning claims made about the leaking of government records speaks for itself. <BR /> <BR />I am grateful for the opportunity to respond to the motion.”
“As I said, it amounts to nothing more than a 'Carry On' coup d'état.”
“In fairness to Mrs Overend and Mr McGlone, they were not alone. Everyone who spoke in the debate supported the regulations. There was not a single voice in opposition. Today, this motion is seeking to exclude me from office for a policy and a scheme that received not just Committee support but the unanimous support of the Assembly. This morning, I dealt with the issue of the concerned citizen. I do not intend to repeat that now, but I followed the appropriate steps in passing it to officials. In short, the motion seeks to castigate me for a scheme that was not just based on following the advice of officials but received the unanimous support of the Committee, after detailed scrutiny, and the endorsement of the Assembly.”
“So she too accepts that she had scrutinised the regulations that contained the vital flaw in the scheme. She also went on to address the issue of why we opted for a Northern Ireland-specific scheme and not the GB scheme. She said:”
“If there were errors on my part, they were errors that were specifically endorsed by the Committee after "considerable" scrutiny. Indeed, not only did the Committee consider and approve this scheme, but so too did the entire Assembly. In fact, one of the other signatories of today's motion, Mrs Overend, gave her specific support to the scheme and said:”
“In fact, as it was recorded at the time, the introduction of the regulations was delayed because the Committee took so long to scrutinise the scheme. Lest anyone thinks that concerns were raised that the tariff was too high, exactly the opposite was the case, as was so eloquently highlighted by Mr McGlone, who said:”
“<BR /> <BR />However, in this regard, I am not alone. I did not introduce this scheme as an unilateral ministerial decision. I brought proposals for this scheme to the Enterprise, Trade and Investment Committee to be considered and scrutinised. It did not simply nod through the regulations but, as the Chairman, Mr Patsy McGlone, told us, and it bears repeating:”
“No. <BR /> <BR />I referred the correspondence of the concerned citizen to my departmental officials. At no point was any recommendation made to me to introduce cost control measures. In fact, far from it; I was being told that we needed to increase, not decrease, the take-up of the scheme. Although the Opposition do not want to hear it — they clearly did not want to hear it or they would have been in the Chamber earlier — the simple fact remains that at no time during my tenure in the Department was I warned that there could be an overspend. As Minister, I, of course, accept responsibility for the work of the Department, but the charge that I did not observe the highest standards of propriety and regularity is completely and totally baseless. If I am to be blamed for anything, it is accepting the professional advice that I was offered.”
“<BR /> <BR />When it is published in full, the record will show that, at all points, I followed the professional advice of the officials, the experts and the consultants. I approved the recommendations that were made to me.”
“One can only assume that this relates to the period when I was Minister responsible for the RHI scheme and not some guilt by association with what happened when I left the Department. We should be absolutely clear that the charge that is being made is not that I made some error of judgement in relation to the policy. The charge that has been made today is that I did not observe the highest standards of propriety and regularity. This is a remarkably serious and grave allegation to make. It is one that implies not merely an error of judgement but some malign intent or involvement. Of course, there is not a scintilla of evidence to justify such a charge. This claim goes far beyond any allegations made by the BBC, or even by Mr Bell for that matter, about my conduct as Minister for the Department of Enterprise, Trade and Investment.”
“<BR /> <BR />I turn now to the charges that have been made in this debate and in the motion on the Order Paper. The allegation is that I:”
“It is not for MLAs to arrogate to themselves the role of appeal chamber to decisions of the electorate. <BR /> <BR />Absent some allegation of corruption, fraud or criminal activity, even the outrageous and outlandish allegations of the Opposition fall far short of what would justify a proper use of section 30. Even the use of section 30 represents a massive overreach by those who have tabled it. The fact that it has been tabled before the PAC or any other body has investigated the matter, never mind reached any conclusions or recommendations, make it an even more inappropriate device for this debate. Section 30 was not drafted for these circumstances, but the real truth for those who tabled the motion is that it is a motion designed to fail.”
“Nowhere in the Northern Ireland Act are there powers of exclusion, for the very reason that the Northern Ireland powers were drafted to deal with the particular circumstances of the links between political parties and the paramilitary groups at the time of the Belfast Agreement. <BR /> <BR />Members on this side of the House will recall that, when the Ulster Unionist Party and the SDLP had the power to exclude Sinn Féin when IRA activity continued in the first term of the Assembly, they sat on their hands and did nothing. On any proper analysis, section 30 is appropriate only where there is a proven link to paramilitary or criminal activity, or where there is wrongdoing on the part of Ministers and the normal democratic processes do not suffice.”
“Indeed, in 2003, the provision was bolstered by a power to exclude for the Secretary of State for Northern Ireland, following a report from the IMC. This provision has never been regarded as a substitute for the normal accountability arrangements of Ministers to the electorate or to the Assembly; it was intended as a long stop when the normal processes did not or could not work. <BR /> <BR />At Westminster, when the House of Commons passes a vote of no confidence in the Government, the convention is that it will precipitate a general election. When the House loses confidence in a Minister, the expectation is that the Minister will resign.”
“No, I will not. <BR /> <BR />— or to costing her party a place in the Executive last May. <BR /> <BR />Then, of course, there is Mr Allister. Well, in fairness to Mr Allister, there has never been an exclusion motion that he was not prepared to sign, so we can let him off this time. <BR /> <BR />I turn now to the detail of the motion. It is an exclusion motion in accordance with section 30 of the Northern Ireland Act 1998. This is the most severe power on the statute book for dealing with political parties or Ministers. Section 30 of the Northern Ireland Act was introduced as a way of dealing with those who were linked to ongoing paramilitary and criminal activity after the Belfast Agreement but were otherwise legally entitled to a place in government.”
“The SDLP and the Ulster Unionist Party chose to go into opposition, and that is entirely a matter for them. I do not object to it; I am just grateful that they are not very good at it. <BR /> <BR />Then, of course, there is Naomi Long of the Alliance Party. In the past, for the most part, the Alliance Party behaved in a more considered and responsible way than this, but, of course, that was under a different leader. No doubt, we will hear at some point today that this decision is related to the flags protest —”
“No matter what Mr Nesbitt says, let me say one thing: I will not be asking him to step aside as leader of the Ulster Unionist Party.”
“Yet, here they are trying to bring back majority rule. I am sure that Mrs Long will get her chance to speak, as she always does. <BR /> <BR />Perhaps none of this should come as a surprise. When I look around the Chamber at those who have supported the motion, all I can see are individuals hungry for publicity and profile, jockeying for position as they desperately seek the media spotlight. I see Mr Eastwood and his party searching for political relevance after losing more seats at the election and opting out of government. I see Mr Nesbitt, the man who led the Ulster Unionist Party to its worst result in over 100 years, fighting for revenge against the party that humiliated him and defied his prediction at the polls.”
“There are basic rules in the Assembly that my critics are trying to flout — rules at the heart of power-sharing. MLAs designated as nationalist or other cannot gang up and kick out the elected leader of unionism. Those rules work the other way, too. How many sermons on power-sharing have we heard over the years from the SDLP and the Ulster Unionist Party?”
“I would not be surprised if Donald Trump even tweeted it. Well, guess what? I am ready and willing to go to the PAC. I have made that very clear. Suddenly, by magic, that is not good enough for Mike, Colum and Naomi; they want me out before I get near the PAC and before I am asked one single question or even open my mouth. So much for due process. So much for justice. So much for the facts. I ask this question in all sincerity of those who tabled the motion: would you tolerate for one second action being taken against a constituent on the basis of utterly unsubstantiated allegations? I sincerely hope that you would not, and I expect that your constituent would feel the same.”
“What we have here is nothing more than shameful political opportunism. The central charges against me in the debate today have not even been considered by the PAC, or any independent investigation for that matter, let alone decided on. This rush to judgement not only exposes the political motivations of my opponents but raises serious questions about the fitness of those who sit on the PAC to be impartial. The debate is a fact-free zone. There is no evidence, no adverse findings and nothing that could even resemble a basis for the motion being tabled, never mind passed. <BR /> <BR />Until very recently, there were constant calls from across the political spectrum for me to give evidence to the PAC. It almost seemed like every news outlet, bulletin and press release featured that demand.”
“<BR /> <BR />What I want to do this afternoon, however, is to analyse the motion before us, to consider the statutory provisions on which it is based, to respond to the central allegations, to consider the role of the media in all this and, finally, to make it clear that this party will use the mandate of last May to defeat the motion. The motion is, of course, premature. It is inappropriate and has no evidence to justify it. Above all else, the one aspect of the motion that most cruelly exposes the motivation of those who have sought it is the timing. No one could possibly conclude that all the evidence has been weighed and considered and that action should follow. What we have here is trial by television, not by the appropriate authorities. What we have here are facts being disregarded in a fevered quest to build my political gallows.”
“Unlike the DUP, they have no plan to strengthen our schools and hospitals. We do, and we are not going to be distracted by these games. <BR /> <BR />My political life is about bringing people together. I am proud to see that I have done it again today by getting the UUP, the SDLP and Sinn Féin to work together. It shows what they can achieve when they put their selfish interest first. Imagine what could be achieved if they put the people of Northern Ireland first. Imagine what this Chamber could achieve if they harnessed that energy and made the people of Northern Ireland their priority instead of themselves. I will always put the people of Northern Ireland first. I am proud to do so.”
“That is because they are not interested in a discussion let alone a debate: all that they are interested in is political distraction. You know why they want a distraction. You know why they are desperate for a political distraction. It is because they have no purpose. They have no plan or policies for Northern Ireland, unlike the DUP, which has a plan to create more jobs by bringing in more business investment and to ensure that we get the best deal for Northern Ireland.”
“I regret the fact that it has placed a projected burden on our public finances, which we now seek to bring under control, but I totally and absolutely reject any notion that I have ever done anything other than act with the highest levels of integrity from the start of the process. <BR /> <BR />As should be the process, I have made a statement to the Chamber and laid down the facts of the scheme. My opponents were so interested that they walked out. So confident were they in their arguments that they could not be bothered to attend the debate or to ask me a question — just one question — on the record. They are very brave in front of a camera but cowards in the Chamber.”
“What people want is to get the problem sorted, not more arguing, bickering and stunts of walking out when they could have heard the facts from politicians here at Stormont. They want to know what our priority is to reduce projected costs — not claw back but reduce those costs — not to claim a political scalp. That is what this is all about: trying to claim a political scalp. I am here. I will stay here to fulfil the trust that has been placed in me and to make sure that the whole mess is being cleared up. That is what my priority is in all this. I deeply regret the fact that the scheme was flawed from the outset.”
“Instead, it will cruelly expose the impotence of those parties that shirk their responsibilities rather than face up to the difficult choices that a Government face. The motion exposes and confirms what has already been clear over the past few weeks: that this is nothing short of an attempt at a constitutional coup d'état. I have to say that it is a coup d'état more worthy of a 'Carry On' film. <BR /> <BR />I know that, if the election had been held amongst just newspaper pundits and elements in the BBC, this party would not be where it is today. If they had their way, a few of us would be scattered across the Back Benches — probably sitting where Mr Allister and Mr Agnew are today, though perhaps with a few more seats — but it is the people and not the media who decide.”
“<BR /> <BR />The RHI debacle deserves to be fully investigated and understood, and that is what will happen. We need to know exactly what went wrong and how we are going to fix it. What does not serve the people of Northern Ireland well is people seeking to score cheap political points. I know that Christmas is coming, but the attempt to turn the issue into a political pantomime is a diversion and a distraction from the important work that is going on. This motion turns what has been a very serious issue into low farce. It is a kamikaze motion with no prospect of success, and the signatories to it know that. It will not shine any light on the truth, nor does it seek to find solutions.”
“Of course, they will deal not with the facts of the RHI scheme but with a totally doomed motion. It is doomed because of what votes they need, and I will come to that in a minute. <BR /> <BR />I am proud to say that I serve this country as First Minister not at the pleasure of my political opponents but because of the mandate from the people of Northern Ireland in an election less than eight months ago. I am delighted to say that, in this country at least, it is still the people and not the politicians who get to decide who should be in office. It is certainly not the responsibility of those politicians who were soundly rejected at the polls such a short time ago to decide who should hold the highest ministerial office, however much they wish to do so.”
“It is good to see people back in their places.”
“<BR /> <BR />The Department's business case to DFP stated that there was no need to consider tiering because the rate proposed was lower than the cost of fuel, and, therefore, there would be no incentive to abuse the system by generating heat just to claim the subsidy. However, in the case of biomass boilers, this was simply not true. In fact, the cost of wood pellets was shown in the same business case as being 4·39p per kilowatt-hour compared with the proposed tariff. It was there in black and white that the proposed tariff for the wood pellets was 6·4p per kilowatt. Nobody in DETI, CEPA or DFP spotted that that was the case, and, therein, lies the fundamental problem.”
“<BR /> <BR />The consultants were then asked to reconsider the rates following feedback from the industry after the consultation process, and, in February 2012, the consultants produced a new paper that increased the rates to account for a larger reference case boiler of 50 kW rather than the original 20 kW reference case. The rate proposed for biomass boilers of less than 100 kW was increased in this paper to 5·9p per kilowatt-hour, but there was no mention — no mention — of the need for tiering or that this was not in excess of the cost of wood pellets. So, the final business case approved by DFP in mid-2012 included a 5·9p tariff, which has subsequently been increased with inflation to 6·4p per kilowatt-hour.”
“I thank the Member for his question. It appears to have been a mistake that was made by DETI officials. The initial report from the consultants, CEPA, suggested that the rate for biomass boilers below 100 kW was set at 4·5p per kilowatt-hour based on a 20 kW biomass boiler reference case. At that rate, the consultants noted that there was no need for tiering because, at that time, the proposed rate was less than the cost of wood pellets, and, therefore, there would be no incentive to use the boilers excessively just to claim the subsidy.”
“I have nothing to hide, so why would other Members table a motion to exclude me? It is all party politics, and this party will not be part of it.”
“As the accounting officer has explained at length to the Public Accounts Committee, several important commitments were made at the time when the RHI was approved, not least on risk management, that were not followed through. Those omissions by officials contributed materially to the very serious problem we now face. That is already under investigation in the fact-finding work that has been discussed with the PAC, and I look forward to the outworkings of the PAC. As I have already said on the record, I am more than happy to go to the PAC, even though that is not the convention. The reason I am happy to go to the PAC is that I have nothing to hide in the matter — absolutely nothing. I am putting everything out there and am calling for an inquiry if we can get it arranged with colleagues.”
“In that document, it was made clear that there were to be regular planned reviews of subsidy levels after a number of years of experience with the subsidy. That would, of course, have provided the opportunity to amend tariffs if needed and ensure that they remained appropriate, given the potential changing market conditions. Of course, the market changes, and we saw that in the prices of wood pellets, oil and gas. <BR /> <BR />In that RIA, it was proposed that the first review would begin in January 2014, with any changes needed to be made by 1 April 2015. The review did not happen. Departmental officials did not carry out that review. As Minister, I have the right to expect that risks identified in an RIA would be managed by officials.”
“I thank the Member for her question. It is an important question, and I am glad that she has asked it. First, let me say that our opponents told us that today was an important day but then could not be bothered to show up. They cannot be bothered to show up and ask me questions about the sorts of things that the Member has asked me about. <BR /> <BR />In the regulatory impact assessment, the Department recognised that setting incorrect support payment levels to the RHI tariff posed the most obvious risk to the Northern Ireland scheme. If the level was set too high, those installing renewable heat would be oversubsidised and less heat would be delivered per pound than would be under more optimal subsidy levels; alternatively, if the rate was set too low, renewable heat would not be deployed to the extent expected.”
“If they want to challenge me, the place to challenge me is in the House, but instead they will stay out. They will come this afternoon and put down an exclusion motion even though they have not been here to question me on the issues. They will come here with an exclusion motion even before the PAC has finished its investigation. They have made up their mind about the First Minister of Northern Ireland, but, thankfully, the electorate has also made up its mind about the First Minister of Northern Ireland.”
“Of course it undermines this place when Members do not stay here to ask the appropriate questions but instead go outside and indulge in media spin. Unfortunately, this is not the first time that some Members have done that: we all remember the Ulster Unionist Party's stunt when I was appointed after the election. They said that they were going out of the Executive, and it was "Bring it on" and all that stuff. What was it? "Let battle begin", was that it? That was when they decided not to go into the Executive. They ran away then, and, of course, they ran away before that over the Fresh Start talks when they decided not to engage in that either. This is not new; it is a pattern. I do not think that they serve their constituents well: they do not.”
“She had spoken to officials on a number of occasions, yet they still did not think that it was the right thing to do to send me a submission on the issues. I deeply regret that that was the case.”
“Back in 2012, there were no submissions to me on cost controls. As I indicated in my last answer, cost controls of a sort were set out for comment in the 2013 consultation paper. It is not unreasonable for a Minister to expect that this document would have been acted on and that I would have been given a submission after the consultation closed. In fact, there was never a formal submission responding to that part of the consultation. I then went on to look at the introduction of the domestic scheme, but that is not a good enough reason for not bringing me a proposal or recommendation on the non-domestic scheme. One should have been brought, especially given that, by that stage, the concerned citizen had been in.”
“The governance processes in the Department did not enforce compliance with commitments given when the scheme was approved, including careful review of tariffs and risks. Cost control was proposed back in the 2013 consultation paper but not acted on. There was no submission to me saying, "We think that you need to look at cost controls" or, "This has been raised as an issue". Nothing came to me on that matter. <BR /> <BR />The cost controls in Great Britain should of course have been replicated in the Northern Ireland scheme. I am giving you the reasons that were given to me as to why they were not replicated. They are not good enough, but they are the reasons that were given to me.”
“At that rate, the consultants noted, there was no need for tiering, as, at the time, the proposed rate was less than the cost of wood pellets and therefore there was no incentive to use the boiler excessively just to claim the subsidy. <BR /> <BR />Secondly, there was not the level of demand for the Northern Ireland RHI in the first few years. In fact, the first application for the scheme was received in January 2013. Remember that the scheme opened in November 2012. Over the first four years, there was an underspend of approximately £15 million. Therefore, it was thought — incorrectly, as it turns out — that the need to introduce cost controls did not arise. <BR /> <BR />The third issue is around governance.”
“I took the opportunity over the weekend to speak to officials to establish why that is the case, and there are three reasons. I have to say that none of them is good or very acceptable, because cost controls, as we know now with the benefit of hindsight, should have been in place right from the beginning of the scheme. <BR /> <BR />First, there was an understanding from the specialist report — the Cambridge Economic Policy Associates (CEPA) report — that the tariff set was lower than the cost of the fuel. That was the fundamental mistake, as I said in my statement. The suggested rate for biomass boilers below 100 kW was set initially at 4·5p per kilowatt-hour.”
“I am setting out a plan for how to deal with the matter whilst others seek party political advantage. I regret that. I regret that deeply. Others have to answer for themselves.”
“I just do not know what to say on this matter. For weeks now, people have been calling for me to come forward and calling on me to go to the PAC. I said I would go to the PAC; that was not good enough. I said I would come to the House, set out the facts and take questions from Members of the House, and where are they? Where are they? The people of Northern Ireland deserve better than this. The people of Northern Ireland will look at this today and say, "What is all that about — what is all that about?". <BR /> <BR />I have listened to people from across Northern Ireland — I have not been hiding away, I have been out and about. I have been in Upper Bann, South Belfast and my own constituency. I have been listening very carefully to what people have to say. They are angry, but they want a plan as to how to deal with this.”
“I will continue to work hard, as I have done throughout my political career, on everyone's behalf, to ensure a better and more stable future for Northern Ireland.”