Mervyn Storey
North Antrim · Democratic Unionist Party · Northern Ireland
“I thank the Minister for his statement. It will be noted that there are those who cry much about the environment and purport to be the champions of the environment who did not have the courtesy to come to the House and be present when the statement was being made.”
“I thank the Minister for his statement. Clearly, there are some in the House who want to continue with the same old, same old and get the same outcomes at a huge cost to the public purse and to farms in Northern Ireland. The Minister is absolutely right: it is a scourge.”
“I am sure that the Minister will be aware, having listened to the Member who spoke before me, that the farmers of North Antrim will make an informed choice about who best supported farmers during this mandate of the Assembly.”
“A pilot scheme has been operating with the Education Authority, the PSNI and the South Eastern Health and Social Care Trust across 60 schools in the south Down area since September 2021 and was extended to a further 77 schools in the Newry and south Armagh areas at the start of February 2022.”
“As Chair of the Justice Committee, I am pleased to welcome the motion. It implements the provisions taken forward by the Committee in the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 to establish an Operation Encompass model in Northern Ireland, which is, as the Minister has outlined, a police and early intervention pa…”
“We had our final meeting of that Committee this morning, and I want to place on the public record our appreciation and thanks to our Committee staff of for all the work that they have done.”
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“Homelessness has been at the top of my list of priorities since I came into office. Over the past month, having visited many hostels and facilities, I have learned at first-hand of the experiences of a number of vulnerable and marginalised individuals in our society. While the decrease in homelessness figures is quite small, it is a step in the right direction, and we are in a far better place than many regions. <BR /> <BR />My Department will provide funding this year of over £35 million to homelessness services. This will fund help for those in emergency situations, work to prevent homelessness and to provide appropriate advice, as well as housing support-related support services, through the supporting people programme.”
“The number of people accepted as being statutorily homeless over the past five years has in fact been fairly steady, with a small decrease of 3% between 2010 and 2015.”
“The consultation opened on 12 November 2015 and closes on 5 February 2016.”
“I thank the Member for her question and also for her interest in the issue. It is one that she has raised with me on a number of occasions. <BR /> <BR />She raises a valid point about the private rented sector. The strategy is focused on tenant participation from tenants in social housing. My officials have published a discussion document on the review of the role of the regulation of the private rented sector, which states:”
“I thank the Member for his question. Options for structural reform have been identified and assessed, but the work is being revisited in the light of the Executive's Fresh Start commitment to progressing structural reform in social housing delivery in a manner that focuses on reducing departmental expenditure limit (DEL) subsidy pressures. The Member will be well aware of what those are. That remains the trajectory. It is where we want to go on that particular issue.”
“The difficulty that all Ministers face is ensuring that we do not bring about unnecessary delay. Obviously, when we have the action plan published, it is my intention to ensure that we move forward in a way that is in the spirit of what has been set out so that we can see delivered what we said we want to achieve. I do not intend that there should be delay, but I cannot be definitive because, as with all these things, issues can sometimes arise that must be dealt with at the time, and those can become something of a distraction. As far as I as Minister and the Department are concerned, we will work in conjunction with others to keep the focus on implementing what we said we want to achieve.”
“I thank the Member for her question. The final tenant participation strategy for Northern Ireland 2015-2020 will be published later this month, along with an action plan. My officials will be working with stakeholders to ensure that the elements of the strategy are implemented. It will include the introduction of a new consumer standard to the regulatory framework for social housing providers, which will put tenants at the centre of the process. Other elements of the strategy will include the development of guidance for landlord and tenant groups and support for an independent tenant organisation.”
“It is not a case of trying to abandon commitments that were made on replacement. We are in the business of trying to identify how and when the replacements will be put in place and we can have further progress. The Member is right, and that is why, in response to the initial question from the Member for the area, I said that the 136 houses were not enough. It is not just an issue of quality but one of quantity. Over the next period, I am keen to review why there has been a delay and to say that the economic appraisal will go to the Housing Executive's board before the end of this financial year. However, we need clarity and certainty, and, I repeat, we still need to have quantity.”
“I trust that it will be finalised for the board by the end of this financial year.”
“I share the Member's frustration, having visited the area. The point made to me by a number of political representatives from the area is that the quality of what replaced what had been taken away is to be welcomed. However, the issue is quantity. Having only 136 houses in place still leaves the challenge of ensuring development in that area. <BR /> <BR />Since taking up this post, my objective has been delivering quality homes. To that we have to add quantity. I can come to the House and say that, over the period of the Programme for Government target, we met that target. However, Members are right to question the number of properties in areas such as south Belfast. The economic appraisal that is expected to be submitted to the Housing Executive board for approval will form part of that.”
“I thank the Member for his question. You will recall that the sites were originally vested in 2008 for social and affordable housing. Since then, 136 new social houses have been delivered. Unfortunately, the provision of affordable housing in the current housing market is not a viable option for housing associations. <BR /> <BR />The Housing Executive is undertaking an economic appraisal of a range of options for redeveloping the vacant land for residential housing. A completed economic appraisal is expected to be submitted to the Housing Executive board for approval before the end of this financial year.”
“The Lord bless you, Arlene, in the future.”
“<BR /> <BR />Solomon, in words of wisdom that we all do well to heed, said:”
“I have no doubt, Arlene, as you take on the role of First Minister, as you have today, that you will do it in the same way that you have to date displayed your capabilities in the ministerial portfolios that you have held. <BR /> <BR />Northern Ireland is a better place today. When I was a young person growing up, the news was dominated by the latest atrocity, the latest murder, the mayhem and the division of our society. Today, as we enter 2016, we have a relative peace in Northern Ireland. Our communities are seeking and endeavouring to come together. I have no doubt that that is the legacy of Peter Robinson, and it is that baton and that mantle that I have every confidence Arlene Foster will pick up and run with to ensure that Northern Ireland continues to be a prosperous place.”
“I joined the DUP over 36 years ago, and I have no doubt that the leadership of Ian Paisley and Peter Robinson formulated a formidable duo in the history of Northern Ireland. Arlene Foster takes on that mantle in a way that I believe reflects her ability and the vision that she has for Northern Ireland. She has undoubtedly proved her capabilities, not because of her gender but because of the person that she is, because of the qualities that she has and because of the history that has helped to form her as an individual. <BR /> <BR />I have worked with Arlene over the last number of years and have found her to be someone of the highest integrity and someone who is extremely personable and approachable.”
“Today is undoubtedly a day of mixed emotions. We come to the House recognising that we have had many historic occasions in the Chamber. My long-standing friend and colleague Lord Morrow said to me when I came to the House in 2003 that nothing remains the same and there is always change. Today we see the outworking of that change. <BR /> <BR />I want to say on a personal basis to my friend and colleague Peter Robinson a sincere word of thanks and appreciation for all that he has done for Northern Ireland. In saying a fond farewell but not goodbye to Peter, it is with the greatest joy that we say a fond welcome to Arlene Foster on becoming the First Minister of Northern Ireland and the leader of unionism.”
“<BR /> <BR />With those words, and endorsing the words of the last speaker, Mr Dickson, I want also to say a word of appreciation and thanks to my staff, who worked tirelessly on these issues, for all they have done to ensure that the regulations have been brought forward in the way that they have been. I, therefore, commend the regulations to the House.”
“I thank the Members who contributed for the level of consensus across the Chamber. Again, I thank the Chair of the Social Development Committee and Committee members for the positive way in which they have dealt with the issue. I trust that as we have progressed through the regulations we have endeavoured to make sure that we give confidence to people. I think that it is vital that people can have confidence that their pension savings are being safeguarded and are not being eroded by excessive charges. These regulations introduce important measures to ensure that pensions are invested in value-for-money schemes that are run in the members' interests.”
“Also, I am glad to be able to remind Members that we are dealing with something that we all have to declare an interest in, and that is our pensions.”
“<BR /> <BR />In summary, these regulations introduce a comprehensive package of measures to ensure that savers' interests are put first by protecting members from high and unfair charges and the consequences of poor governance. These measures are underpinned by the enforcement powers of the Pensions Regulator. <BR /> <BR />Before I conclude, I would just like to concur with the comments that were made by my colleague the Minister for Enterprise, Trade and Investment in relation to Mr McCarthy. We wish him well in his future and thank him for helping us to remember the important things in life as we get nearer that date of 25 December.”
“In addition, they are required to make arrangements to encourage the airing of members' views on matters relating to the scheme. The aim is to ensure that the master trusts have members' interests as their priority. <BR /> <BR />The National Employment Savings Trust is exempt from these multi-employer trust requirements as it already has rigorous governance requirements set by statute. Similarly, the regulations provide for exemption to the master trust requirements for other schemes set up by statute. This will be reviewed following further work on the level of governance requirements that already exist in these schemes. The governance measurements have a wider scope than the charges measures. They cover occupational schemes offering money purchase benefits regardless of whether they are being used for automatic enrolment.”
“Where a scheme does not already have a chair in place, the regulations require the trustees to appoint one. The chair will be responsible for signing off an annual statement on how the minimum governance standards have been met. <BR /> <BR />The regulations strengthen the independent oversight of schemes used by multiple employers, known as master trusts. They require that relevant master trusts must have a minimum of three trustees. The majority of these trustees, including the chair, must be independent of any providers of services to the scheme. This will apply to schemes used by employers that are not part of the same corporate group. The regulations also require trustees of master trusts to be subject to limited-term appointments and to be appointed via open and transparent recruitment processes.”
“<BR /> <BR />Secondly, the regulations set out minimum governance standards for relevant occupational pension schemes. These require trustees or scheme managers to ensure that default arrangements are designed in members' interests and are kept under review. They also require that core financial transactions are processed promptly and accurately, that trustees report on the level of charges and costs borne by scheme members, and that they assess the value of such costs and charges. <BR /> <BR />To make sure that trustees have appropriate freedom in how they govern their schemes, the regulations also ensure that trust deeds and rules do not tie trustees into using particular service providers. This requirement overrides any conflicting provisions of the scheme.”
“<BR /> <BR />The regulations provide two methods by which trustees can measure whether charges in their default arrangements have complied with the cap. They may decide which of these methodologies to use depending on how they levy charges on all members. Regulations also prohibit higher charges from being imposed on non-contributing members; a practice sometimes referred to as active member discounts. These are charges imposed on a member's pot, which are increased when they stop contributing to the scheme because, for example, they leave their job. <BR /> <BR />All of these measures apply to occupational schemes offering money purchase benefits which are used by employers to meet their duties under automatic enrolment. They do not cover those schemes that include a promise to the member about the benefits they will receive.”
“They restrict the charging structures that schemes may use in their default arrangement. Broadly speaking, a default arrangement is one into which members contribute if they have not made an active choice about where their savings should be invested or that has a minimum percentage of workers contributing. <BR /> <BR />Schemes must use either a single funds under management (FUM) charge or an FUM charge together with either a contribution charge or a flat fee. The charge cap is set at 0·75% annually for FUM or an equivalent combination charge. The cap covers all costs and charges relating to general scheme and investment administration. Transaction costs, along with a small number of other costs, including those associated with providing death benefits, are not included.”
“Under the legislation, employers can choose the qualifying workplace pension scheme that they adopt to discharge this duty. A qualifying scheme is a scheme that meets specific criteria, for example, an occupational pension scheme or a workplace personal pension scheme. As automatic enrolment rolls out, there is a need to ensure that workers' pension savings are invested in well-governed schemes, with fair and reasonable charges. <BR /> <BR />These regulations aim to protect members in occupational schemes from high and unfair charges and to introduce consistent governance standards. The Financial Conduct Authority introduced similar rules for workplace personal pension schemes. First, the regulations introduce measures to control the level and types of charges in pension schemes used by employers to meet their automatic enrolment duties.”
“I would be the first to acknowledge that pension regulations can be complex and, as I have said previously, it is all too easy to get lost in the maze of technical provisions and pensions jargon, particularly at this late hour in the evening. The rule that we are considering today is somewhat technical, and whilst I will try to keep my comments at a fairly high level, some jargon is, unfortunately, inevitable, but I will do my best to keep it to a minimum. <BR /> <BR />Perhaps I could start by providing a brief background to the regulations. The Pensions (No. 2) Act (Northern Ireland) 2008, and corresponding provision in the Westminster Pensions Act 2008, introduced a duty on employers to enrol eligible jobholders into a qualifying workplace pension and to make minimum contributions to it.”
“We want to ensure that that is provided for and complied with. <BR /> <BR />We will go through Hansard to see whether there are any other specific questions that have not been covered, and we will respond to Members accordingly.”
“Mr Dickson also raised the issue of gas safety and whether a person can ask their landlord to provide a gas safety record. Landlords of rented properties have a legal duty to ensure that a gas appliance is installed and maintained and that an annual safety check of the appliance and the flue is carried out. On completion of any safety check, contractors are required to provide the landlord with a houseowner gas safety report, a CP12, which must be retained for at least two years as a record of this check. Tenants must also be provided with a copy. Contractors must inform the landlord or the homeowner and their tenants if any appliance is found to be unsafe, and agreement will be sought to disconnect the appliance. A gas appliance or fitting that is known or suspected to be unsafe must not be used.”
“I look forward to the responses that undoubtedly we will have from the Committee and other interested bodies on that. <BR /> <BR />I will also raise the issue of the importance of the matter for us. Sometimes we get a sense when we come to a piece of legislation that it will not have an important impact. This is an important piece of legislation that gives confidence not only to landlords in ensuring that they are stepping up to the mark but, more importantly, to those locations that have been mentioned in the House and potentially to other new locations where there would be this type of property. We want to ensure that things are being done in a way that gives everybody confidence and where everybody has buy-in to what is happening.”
“It is an issue, and we have already had discussions with some councils on it. It is my intention to ensure that councils are properly addressed on and made aware of what is happening on this particular piece of legislation. <BR /> <BR />The other issue that Mr McCann raised was the over-provision of private rented accommodation in some areas. I know that the Member raises that issue in a number of forums. He is right to do so to make sure that there is a wider point on the over-provision of other forms of private rented accommodation. I will just remind the Member that recently I launched the consultation on the role and regulation of the private rented sector. That will be considered in part during the consultation period.”
“Obviously, the new powers that the councils have on planning give them an input and a day-to-day working experience of what is happening in their own area. <BR /> <BR />Mr McCann also raised the issue, which I think was also alluded to by Mr Dickson, about the support that the Department will provide to councils prior to and after the transfer of the function. The Department will assist councils with new requirements to allow the smooth introduction of the new regulatory regime and will publish a code of practice and guidance for the licensing scheme to help them to meet the requirements of the regulations. The Department will also work with councils on the proper resourcing of the new HMO function. That was raised by Mr Dickson. It will also require there to be a business case on that.”
“It criticised the definition that was used in the registration scheme as being too wide-ranging and for bringing houses into regulation where it was not warranted. I am content that the outlined exclusions from the definition have a sound policy rationale and that many of the exclusions are due to the fact that other, more appropriate regulation exists that is tailored to those types of accommodation. It is recognised that the Bill cannot address the over-provision of properties that are not classed as HMOs. If there is concern that a certain type of accommodation is prevalent in an area to the detriment of pre-existing residents, that is a matter that can be better dealt with through planning policy and legislation. I think that that gives us a suite of policies that tries to address that particular issue.”
“I would be the first to say that, in the first draft of any legislation, you are never able to capture everything that you would like and that it takes that two-way process. As we look at our legislative process, we can see that, sometimes, yes, it can be challenging and cumbersome. I am regretful that we have not been able to work that process because of our previous difficulties in a way that would give us a better time in doing this. However, we are where we are now. I think that we ought to take all the opportunities that we possibly can to try to address the issues. <BR /> <BR />The Deputy Chair of the Committee, Mr McCann, said that the exemptions from the HMO definition as suggested in the Bill would increase the number of HMOs. During the policymaking process, the Department took account of the judicial review, which was critical.”
“I thank the Members who contributed to the debate. I am glad that at least one Member said that the Minister is listening, but one other Member decided to accuse me of yet further delay. However, I appreciate Members' comments and will endeavour to work my way through some of them. If I do not cover them all, I assure you that we will come back with definitive answers, post today's debate. <BR /> <BR />I appreciate the work of the Social Development Committee. As ought to be the case when legislation comes through the House, there is a good working relationship with the Committee. That enables us to come to a point and place where we will have covered and done, in the best possible way, all that we can to ensure that we have the best legislation.”
“Further monitoring arrangements for HMOs will be discussed and agreed with councils. It is envisaged that a new reporting/governance framework for councils will be put in place. <BR />Subject to the successful passage of the Bill, district councils will, thereafter, need some time to complete the preparations necessary to administer the new licensing scheme. Therefore, the main provisions of the Bill will come into operation on a date appointed in an order made by my Department, following liaison and agreement with councils.”
“They will cover the following issues: ensuring adequate protection for seasonal workers housed in HMOs; reducing the risk of some student HMOs being inappropriately excluded from regulation by removing the word "cousin" from the definition of family for the purposes of determining what is an HMO; some minor changes to address concerns expressed by landlords on the availability of their personal details; some modest modifications to the fit and proper person test to ensure that it fully reflects the outcomes of a judicial review; and, finally, some changes to licensing arrangements for HMO properties whose ownership is transferred. <BR /> <BR />It is my intention to publish a code of practice and guidance for the licensing scheme for councils and landlords to help them to meet the requirements of the regulations.”
“It can require any occupier to disclose the nature of their relationship with any other occupier where that information is required to determine whether the accommodation is an HMO that requires to be licensed. In general, this revised system of regulation will, I trust, allow the targeting of houses in a way that is proportionate to the risk presented and will address the added risk to safety associated with living in HMOs. <BR /> <BR />I turn to the Social Development Committee's unofficial call for evidence. Taking account of evidence provided by interested parties to the Committee, I am considering five potential amendments.”
“Fixed penalty notices will avoid the need to proceed directly to court action for lesser offences. Introducing fines will provide a more cost-effective and less time-consuming means of enforcing HMO legislation, with benefits both for councils and occupiers. <BR /> <BR />Further guidance on the use and operation of fixed penalty notices will be produced in collaboration with councils and will mirror the existing guidance on fixed penalty notices for other areas where they work well, such as on litter, graffiti and noise pollution offences <BR /> <BR />The Bill will also create a new power to issue a prohibition notice on a property if the council deems there to be an imminent risk to the health and safety of the occupants. In addition, councils will also be given powers to obtain information from various specified persons in the house.”
“<BR /> <BR />The introduction of a fit and proper persons test will ensure that those people who are unsuitable to hold a licence and to operate an HMO are identified at the earliest opportunity and prevented from doing so. The aim of the test is, I trust, to weed any bad landlords out of the system. <BR /> <BR />The Bill includes a power to open statutory information-sharing gateways with a number of government and non-government organisations and bodies. Those gateways will provide for relevant information to be shared to assist in the identification and regulation of HMOs. <BR /> <BR />The introduction of greater and more comprehensive enforcement powers will ensure that councils have the power to take timely and proportionate enforcement action.”
“The most straightforward way of achieving that is likely to be the inclusion by councils in local area development plans of thresholds similar to those in operation in the HMO subject plan for Belfast. An HMO inspection will ensure that the property is not overcrowded and has suitable amenities and facilities for the number of people occupying it. Landlords will be required to apply for a licence to rent out the home lawfully, with licences granted subject to management conditions and conditions requiring any work necessary to meet current amenity and/or safety standards. Councils will be able to impose a works requirement, which may result in a licence having to be revoked in certain circumstances.”
“The Bill will give a council the discretionary power to refuse to grant an HMO licence if it considers that there is, or that the granting of a licence would result in, over-provision in the locality. As planning is now devolved to the 11 local authorities, the Department will liaise with councils on how HMO over-provision can be prevented.”
“<BR /> <BR />Buildings or parts of buildings not considered HMOs are listed in schedule 1. Examples include establishments regulated by the Regulation and Quality Improvement Authority (RQIA) and buildings occupied by students and managed by educational establishments. That is the right thing to do and will allow councils to focus resources on licensing and enforcing appropriate standards in HMOs where there is a potential risk to the well-being of their occupants. <BR /> <BR />The introduction of mandatory licensing of HMOs will ensure that higher physical and management standards are adopted before an HMO can be classed as licensed. The Bill will address the future risks of HMO over-provision. The introduction of licensing will mean having to have a licence before a landlord can legally operate an HMO.”
“Because of the importance of linking HMO regulation with other critical government functions, such as planning, building control and environmental health, the Bill will transfer the responsibility for regulating HMOs to councils. As council environmental health departments already lead on all other aspects of regulation of the private rented sector, HMO regulation will sit neatly with those functions. <BR /> <BR />It may be helpful if I spend a few minutes outlining the key provisions in the Bill. The new HMO definition and associated exemptions will provide clarification and guidance on what is or is not to be classed as an HMO. That is an important change that will remove from the HMO banner a number of properties never intended to be classed as HMOs.”
“Landlords will be required to have a licence before an HMO comes into existence. To obtain a licence, planning permission will have to be in place, the landlord's fitness to let an HMO established, and important quality and safety checks of the home completed. Thirdly, the Bill will clarify existing law and make current regulation and enforcement more effective. <BR /> <BR />The key aim of our new regulatory regime is to take a risk-based approach designed to better protect tenants living in HMOs by ensuring that landlords and managing agents meet important obligations about the quality and safety of HMO accommodation.”
“HMOs are often an important part of the housing mix and can provide affordable rented housing for a range of tenants, including students, migrant workers and single people on low incomes. Because of the higher risks of living in an HMO, they are subject to a higher level of regulation than other rented housing. Latest Housing Executive figures show nearly 5,500 HMOs registered, many of which are in the Holylands and the Coleraine University area. The number of people living in that tenure could be as many as 30,000. <BR /> <BR />The purpose of the Bill is to enable the better regulation of houses in multiple occupation by doing three things. First, by streamlining the definition of an HMO. Secondly, introducing licensing to promote effective housing management.”
“Findings from the fundamental review of the houses in multiple occupation (HMO) registration scheme identified weaknesses in the regulatory system, not least the difficulty in identifying HMOs and the approach to enforcing management and physical standards. The results of the public consultation indicated overwhelming support for a new regulatory scheme. HMO licensing schemes exist in other parts of the United Kingdom.”
“Thanks to the House for its help. This has been a successful piece of legislation that we have been able to do ourselves. We have been able to do it in a way that is a good reflection on how we can deal with an issue of such importance.”
“We all want to live for as long as we possibly can, although that, of course, is ultimately in the hands of someone else. We want to ensure that everything is being done in pension provision to reflect the change in our society. Pensions are always a movable feast because of the many challenges that are brought to bear. <BR /> <BR />On Members' comments again, I appreciate the work of Mr Beggs on these issues and his help in scrutinising what is an important piece of legislation, not least because some of us are getting nearer to that date. Maybe we should all have started by declaring an interest, but I will do it on our behalf. As I look around, I see that there are some who are further away from pension age, but I say that for those to whom it applies. I also want to say a word of appreciation and thanks to my staff.”
“Those are all to be welcomed, along with other independent advice that is available. <BR /> <BR />I now turn to the comments of Mr Maginness. I appreciate the work and effort that he and his colleagues make on these issues. He touched on a point that I mentioned earlier: proportionate regulation. I assure the Member that our aim is to provide appropriate regulation that will safeguard members' rights but which will not be so burdensome as to discourage employers from running schemes. I concur with him about the necessity of having good-quality advice and guidance. That is vital. Much as been achieved over the period of the Bill in giving assurance and confidence not only to Members but to those who, ultimately, are the beneficiaries of a good pension scheme. <BR /> <BR />The Member raised the point about life expectancy.”