Simon Hamilton
Strangford · Democratic Unionist Party · Northern Ireland
“I have emphasised to the Member and the House before, that, whilst I accept that those are not good enough — that is why we have been developing the plan — there are alternative technologies in place that can present opportunities for those who just cannot get acceptable speeds.”
“I thank the Member for his intervention. There are some initiatives that I believe will help and act as a driver to improve broadband access. One such intervention is the broadband universal service obligation (USO), which is being taken forward by Her Majesty's Government.”
“I thank the Member for his question. However, he is conflating two issues. I wrote to his party leader, and indeed to all Assembly party leaders, before making the announcement that I did last week about wanting to publish the details of the businesses in receipt of the non-domestic RHI scheme. It was my intention to do that tomorrow.”
“<BR /> <BR />The Chancellor, in his autumn statement, made some more funding available for telecommunications, and my Department is studying that and seeking to avail itself of that to the fullest possible extent.”
“In addition, my Department is managing a contract for the delivery of the superfast rollout programme, which, by 31 December, will provide access to superfast broadband with speeds of at least 24 megabits per second to a further 38,000 premises, both business and residential, across Northern Ireland, including in the Newry and Armagh cons…”
“I signalled the intention to do this a few weeks ago. The Member and the House will know that inspections of all installations would have taken place over the 20-year lifetime of the RHI scheme.”
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“I am particularly encouraged that some of our town centres are benefiting from recent exchange rate changes that have seen an increase in cross-border shopping, bringing more money into the Northern Ireland economy.”
“My Department and Invest Northern Ireland have worked closely with the full range of businesses across Northern Ireland, including those in the retail sector, and a wide range of initiatives are available that offer support and guidance to local retailers. For example, Invest NI's business support team and the NIBusinessInfo website provide a valuable source of business information and signposting to specialist advice for retailers. Invest NI has supported local councils to develop programmes that are open and accessible to retail businesses, and they can also avail themselves of Invest NI's wide range of workshops and seminars.”
“My number one priority is to help create the conditions for Northern Ireland to become a globally competitive economy. A key part of that is to create more and better jobs in Northern Ireland. My Department is developing a new economic strategy that sets out our ambition to grow the size of the economy and create jobs across our country. <BR /> <BR />Wider policy responsibility for the retail sector is shared by a number of Departments. In job promotion, support from my Department is primarily aimed at assisting companies to trade outside Northern Ireland. That brings money into the economy, which has a multiplier effect and indirectly supports domestic-facing sectors such as retail.”
“Thank you — such as it was. Once again, I thank the Deputy Chair for his contribution on behalf of the Committee. I thank the Committee for its scrutiny of the order, and I commend it to the House.”
“<BR /> <BR />A public consultation took place between September and November 2015. Two of the three respondents agreed that the bankruptcy level should be increased to £5,000. The third, Land and Property Services, raised concerns about the impact that an increase to £5,000 could have on rates recovery. After discussions between officials from this Department and the Department of Finance, I have decided to proceed with an increase to £5,000. This will be in keeping with the principle of maintaining parity with insolvency legislation in England and Wales. It will ensure that individuals in Northern Ireland with debts of up to £5,000 will not be at more risk of being made bankrupt than those in England and Wales. The order has been agreed with the Committee for the Economy, and I believe that it should have the support of the Assembly.”
“The order amends the current level of debt, known as the bankruptcy level, at which a creditor can petition the High Court to make an individual who owes them money bankrupt. Legislation has been made in England and Wales to increase the bankruptcy level from £750 to £5,000. This was done partly to take account of inflation and also because it was considered that the existing level gave a disproportionate enforcement option over modest levels of debt. The new level came into force in England and Wales on 1 October 2015. Historically, insolvency legislation in Northern Ireland has always been maintained in parity with Westminster legislation. Therefore, the provisions in the order will increase the bankruptcy level in line with that now applying in England and Wales.”
“I thank the Deputy Chair for his contribution on behalf of the Committee for the Economy. I thank the Committee for its scrutiny of the order, and I commend the motion to the House.”
“All respondents agreed that both limits could be increased, with two respondents stating that one or both increases should be higher. The order has been agreed with the Committee for the Economy. In conclusion, I believe that the order should be approved by the Assembly.”
“The new limits, which came into force on 1 October 2015, take account of inflation and will give more of the most vulnerable people access to debt relief. <BR /> <BR />It is a sad fact that struggling with unresolvable debt can cause immense stress for families. These changes will increase access to the debt relief scheme for those who need it most. Historically, insolvency law in Northern Ireland has always been maintained in parity with Westminster legislation. In keeping with this policy, the amendments made by the order will increase the ceilings on eligibility for the debt relief scheme in Northern Ireland in line with those in England and Wales. A public consultation took place between September and November 2015.”
“The limit on total debt was increased from £15,000 to £20,000, and the limit on assets from £300 to £1,000.”
“I am seeking the Assembly’s approval for the draft Insolvency (Monetary Limits) (Amendment) Order (Northern Ireland) 2016. The order amends two of the three monetary limits currently in place which allow an individual entry to the debt relief scheme. Debt relief schemes were established in England, Wales and Northern Ireland to provide those with very few assets, little surplus income and relatively small levels of debt with a simple process to obtain debt relief at a much lower cost than in bankruptcy. Strict eligibility criteria must be met for entry to the scheme. <BR /> <BR />Legislation has been made in England and Wales to increase the limits on the total debts and property that a debtor can have to be eligible for a debt relief order.”
“I am grateful to the Chairman for his contribution. This is a simple, straightforward and ultimately positive change that will have a practical benefit for our further education institutions. It should also provide more opportunity for business and professional people to play an even greater role in the sector and, in turn, allow our colleges to better meet the needs of our economy. I commend the order to the Assembly.”
“The changes proposed by the order are not expected to attract additional cost, nor will they have any negative equality impacts; indeed, it is more likely that the change will promote participation by those who are currently under-represented on our public bodies, such as women, people with a disability and ethnic minorities. <BR /> <BR />Let me conclude by thanking the members of the Economy Committee for their consideration of the policy content of the proposed legislation and, indeed, for their scrutiny of the order itself. I hope that I have provided sufficient explanation of the purpose of the order and will, of course, respond to points made by Members in my closing remarks.”
“To ensure a smooth transition, the order will allow existing governing body members whose appointments arose from the Education Authority or its predecessor bodies to continue in post until the end of their current term of appointment. Following that, vacancies that arise will be filled through a regulated public appointments competition that is more open. Critically, an open competition will widen the talent pool that can apply to undertake a governing body role and will focus on the recruitment of those from a business, industry or professional background.”
“That is at odds with my Department’s overriding responsibility for effective governance, which assumes the appointment of members who have specific knowledge, skills and experience appropriate to the demands of the role. <BR /> <BR />Finally, the role is predominantly operational, and appointees must oversee the efficient, economical and effective management of all of the college’s resources and expenditure rather than represent the interests of others. <BR /> <BR />For those reasons, it is sensible to modernise our approach. In doing so, I wish to raise the level of influence of those from a business, industry or professional background on our college governing bodies. This, in my view, can help create stronger links with our business community.”
“The new and emerging role of the single Education Authority no longer resembles the regionalised predecessor organisations that had responsibility for the colleges. Indeed, the colleges themselves have a different regional emphasis than when originally established. Therefore, the historical rationale for the nomination rights no longer exists. <BR /> <BR />Effective policy and operational linking mechanisms can more easily be developed between my Department, the Department of Education, the Education Authority and the FE colleges outside the limitations of the legislation. The ongoing use of the nomination rights also represents unregulated appointments within a body regulated by public appointments standards.”
“<BR /> <BR />The aim of the proposed legislative change today is to address the position of the appointments that are made on the basis of a nomination by the Education Authority, which, Members will recall, previously took the form of the education and library boards. Simply put, there is no longer a justification to retain Education Authority nominations. The nomination rights are a residual power deriving from the 1997 Order and the education and library boards’ former responsibility for the further education colleges. The original justification for the representation has been overtaken by the passage of time and the emergence of colleges as larger, self-governing, business-orientated entities with a more significant role in supporting the development of students and helping to grow the Northern Ireland economy.”
“Of those 18 members, 10 are from a business, industry or professional background; one is the college principal; two are elected by the staff of the college; one is elected by the students of the college; two are nominated by the Education Authority; and two may be co-opted by the governing body — for instance, to bring in specialised expertise. Importantly, 10 of the governing body members must come from a business, industry or professional background and are recruited through public competitions that are regulated by the Commissioner for Public Appointments for Northern Ireland.”
“The bodies provide strategic leadership, as well as performing key governance and accountability functions. Against that background, we must take their governance arrangements with the utmost seriousness, both to ensure proper accountability and to enhance the positive influence our further education sector has across our society. <BR /> <BR />A governing body’s membership, role and proceedings are governed by the Further Education (Northern Ireland) Order 1997, which requires that each body has 12 to 18 members.”
“Subsequently, the intention is to replace Education Authority members through a public appointment competition aimed at recruiting those from a business, industry or professional background. <BR /> <BR />The further education sector has achieved much in recent times. Its capacity to develop our workforce, to support employers and to help stimulate economic growth must not be underestimated. Colleges engaged 120,000 learners during the last academic year and were responsible for around £200 million-worth of public expenditure. <BR /> <BR />The services that colleges deliver under the direction of their governing bodies impact on the lives of many people. My Department must ensure that the six further education colleges have in place governing bodies that are able to provide effective and efficient management of their college.”
“I am seeking the Assembly's affirmation for the Further Education (Governing Body of Institution of Further Education) Order (Northern Ireland) 2016. The order will not come into operation until approved by this Assembly. It will amend the Further Education (Northern Ireland) Order 1997 by removing the right of the Education Authority to nominate two individuals for appointment to each of the governing bodies of the six Northern Ireland further education colleges. In addition, the order will allow current governing body members who were appointed as a result of an Education Authority nomination to see out the terms of their appointment.”
“That was not necessarily said from any love or particular affinity to the TEF on its part; it is because it wants to be part of that wider UK higher education brand and wants to use it. Whatever the shortcomings Dr Farry and others pointed out, it is a strong brand internationally, and the Northern Ireland universities' participation under the umbrella of that brand helps to attract international students and research excellence to these shores. We want to use it for those purposes. <BR /> <BR />The LCM is narrow and technical, and I hope I have given some reassurance. Some Members, of course, came into the House asking for reassurance but would never accept it even if it were given to them. Notwithstanding that, I commend the motion to the House.”
“However, the Government have been cognisant of the need to have Northern Ireland's views and, indeed, those of other devolved Administrations represented, so, again, there is an amendment saying that the board will have someone with devolved Administration experience included and the TEF panel will have devolved representation on it. As I understand it, a Northern Ireland representative will be on that panel. I hope that will mitigate the need for a specific Northern Ireland panel. <BR /> <BR />I want, and I am sure everybody in the House wants, to attract more international students to Northern Ireland and to attract research excellence and retain it here in Northern Ireland. The universities are saying they want to take part in the teaching excellence framework. I already referenced what the Ulster University said.”
“There are concerns, and I accept them, about the metrics that are used, but this is an evolving process. The current metrics are set for two years, I understand, and they will be subject to potential change. I think there were similar issues with the introduction of the research excellence framework that have been broadly ironed out and are now widely recognised by the sector as being, on balance, positive. <BR /> <BR />The fifth recommendation was on a separate Northern Ireland teaching excellence framework panel. Again, I reiterate the point that this is an English policy.”
“In England, inflationary fee increases will in future be linked to teaching excellence framework outcomes. That is not and never has been the case in Northern Ireland. England wants to link inflationary fee increases to the TEF, whereas inflationary fee increases in Northern Ireland are automatic. <BR /> <BR />Moving to the fourth recommendation made by the Committee, which was about the metrics used for the measurement of teaching excellence in the TEF, I will say that the teaching excellence framework is, as I and others pointed out, an English policy. That was pointed out by Dr Farry in his very intelligent and useful contribution to the debate. I do not want to deny participation in the TEF to Northern Ireland's higher education institutions for the aforementioned reputational reasons.”
“That person could be — it is not specified that this is the case — a student representative, but it has to be somebody who has an interest in promoting student interests. The fact that it is a Government amendment shows some acknowledgement of the issue that has been raised by the Committee and, indeed, others from the higher education sector. <BR /> <BR />The third point is that link to tuition fee levels. I think there has been a huge misunderstanding of this. I was shocked by Mr Aiken's opposition to the Bill. He was atypically dispassionate in his opposition to it, and that rang more of opposition for opposition's sake than of anything constructive. I hope I have made this clear: the issue here is very different issue compared with that in England.”
“This area is not part of the LCM. As the Chair mentioned, it is a matter that ought to be taken forward through the parliamentary system, and I am sure that the Open University and others will lobby for some assurances for this as the Bill moves through the Lords and other stages. <BR /> <BR />The second issue is the NUS-USI and UCU proposal for representation on the board of the Office for Students. Inclusion of someone on the board with experience of student representation has been brought forward by a Government amendment to the Bill, and that person must specifically have experience in promoting student interests. It could, in fact, include a former president of Queen's Students' Union if they so wish, but I am sure we would not want to subject anybody to that sort of onerous responsibility.”
“There is a risk of losing some important joint working on key aspects of the UK system including, as was much mentioned in the debate, the research excellence framework. Major reputational damage to Northern Ireland's universities could happen if we are not part of, or are out of step with, the wider UK university brand. <BR /> <BR />I want to address some of the issues that were raised by the Chair and others about the five recommendations that the Committee made in its report. The first was around the Open University's point about working for all learners of all ages and in all modes of study. I absolutely acknowledge those concerns. The Open University's input to the Committee appears to be nigh on a replica of input to the submission on the UK Bill as a whole and not necessarily specific or tailored to this legislative consent motion.”
“For those back at home who are making sponsorship decisions on where they want to send students, it could well be that they are looking at the teaching excellence framework, in the context of the UK higher education brand, as to where they may fund students to go. Therefore, whether we like it or not, it will be important in those key decisions for students and, indeed, for international students. I think that it is right that we retain the right to participate in the teaching excellence framework for those reasons. <BR /> <BR />The second thing that the LCM covers is that it aligns Northern Ireland with the new UK system, that being the new Office for Students and also UK Research and Innovation.”
“Universities want to be part of this for reputational reasons, particularly, as I have pointed out before, in attracting international students. It is undoubtedly the case that we have seen in various newspapers the ranking of universities and a whole range of different measures. Whether we like those measures or not, they happen and they do have an impact on student choices. They could well particularly have an impact on international student choices as these league tables are developed. Dr Farry pointed out the importance of international students to our universities and, indeed, the under-representation of international students in Northern Ireland versus other universities in the UK or Ireland.”
“It is us responding to universities' request for reputational reasons. One Member said that they had not heard any university speaking in favour of any aspect of this Bill. Ulster University wrote to the Committee during its work and pointed out in respect of the TEF:”
“I welcome the recommendations that were made by the Committee for the Economy, outlined by the Chair in his contribution. As he and other perhaps better informed Members pointed out, this legislative consent motion is very narrow, covering small technical areas. That did not stop many from finding their voice on this issue and expounding about all sorts of things related to the higher education sector that do not relate to what is in this legislative consent motion. <BR /> <BR />In short, going back over it briefly, the LCM permits Northern Ireland universities to partake in the teaching excellence framework. It is not compulsory, and it is not automatic. As Dr Farry in his contribution pointed out, repeating what I said, it requires the Minister of the day, whether it be him, I or whoever else, to authorise that participation.”
“Being part of the United Kingdom's higher education brand is a critical aspect of the international reputation of our higher education sector and the provisions in the Higher Education and Research Bill that require today's motion to be passed will ensure that that continues to be the case.”
“I thank all Members, irrespective of the positions that they take on this issue, for their contributions during the debate. I think that it goes without saying that our higher education system is a real asset to Northern Ireland in economic and social terms. It has a dual role in providing graduates with the right mixture of skills and knowledge that current and future employers seek and in providing excellent research and innovation. It is fundamental to our aims to develop the Northern Ireland economy. Higher education is also a public good in its own right as it helps individuals to meet their own personal goals.”
“Mr Speaker, I feel that we have a pregnant pause here.”
“I am reluctant to intervene and perhaps encourage the Member to go on even further on an issue — I do not think that he has actually addressed the LCM so far. I am content to offer him some reassurance in seeking his support for the legislative consent motion. I am content to say to him, and indeed the House, that I will not use — to use his phrase — the outworkings of this LCM to go to the Executive to support an increase in fees. I am content to say that, and, that being said, I look forward to the Member's support for this legislative consent motion.”
“Including Northern Ireland in these arrangements ensures that we will continue to be part of how higher education is coordinated across the UK. <BR /> <BR />I commend the motion to the Assembly and trust that Members will support it.”
“In summary, the Bill sets out a clear legal basis for joint working relationships across the UK by replicating and, in the case of joint working with my Department and the Department of Agriculture, Environment and Rural Affairs, extending the terms for joint working and the provision of advice set out in the Further and Higher Education Act 1992. It will also provide for the continuing involvement of eligible Northern Ireland institutions in the teaching excellence framework and will clarify research funding powers in relation to the arts and humanities. The changes provided for by the Bill are therefore primarily technical and consequential in nature. They are required due to the establishment of two new bodies, namely the Office for Students and UK Research and Innovation.”
“The Open University, however, commented that the Bill itself may require a wider scope to ensure that it works for learners of all ages and for those who need more flexible study options like part-time or distance learning as well as those who choose full-time. This concern was reflected in the Committee's report, and I support the expectation of full inclusivity across the sector. This is outside the scope of the motion, although I am sure the Open University will be promoting these ideas as the Bill progresses through the House of Lords.”
“Two examples of this are the research excellence framework and public information arrangements. <BR /> <BR />The Bill contains a technical change that amends the Higher Education Act 2004 to clarify that the power to make grants in respect of the arts and humanities includes the power to make and require repayment of loans. This mirrors changes to parallel powers for England, Scotland and Wales. <BR /> <BR />As the Bill primarily introduces changes to the operation of the higher education system in England, our local institutions concentrated their comments on the provisions covered by this motion.”
“For Scotland and Wales, these essentially transfer existing arrangements set out in section 82 of the Further and Higher Education Act 1992. For Northern Ireland, the current power for the Higher Education Funding Council for England to provide advice on request to my Department, and to the Department of Agriculture, Environment and Rural Affairs, is replicated from section 69 of the 1992 Act. <BR /> <BR />A parallel power to underpin future joint working, including with my Department and the Department of Agriculture, Environment and Rural Affairs, is also proposed in the Bill. This effectively reflects the way the system currently works, with the Higher Education Funding Council for England taking the lead on a number of initiatives as being the most efficient way of proceeding.”
“If that was the decision, we would have to look at how that might be done. Obviously, in terms of fee levels, we would have to come back to the Assembly. I think there is a process, which the Member is aware of, whereby fee levels and increases do have to come back to the Assembly on a regular basis. So, I can give the Member assurance to a degree in respect of what he is asking. <BR /> <BR />I hope that what I have said has cleared up any confusion — or helps to clear up any confusion — that this is in itself a vehicle to increase fees in the way that maybe some have suggested. <BR /> <BR />Arrangements are also set out in the Bill for joint working between the three devolved higher education funding bodies, the Office for Students, and UK Research and Innovation.”
“<BR /> <BR />The teaching excellence framework, because of the increase that there will be from £9,000, which has been a rigid level of fees across the water since its introduction, has been perhaps a little bit mixed up in the thinking that it would be some vehicle to increase fees beyond their current level in Northern Ireland. I hope I have offered some assurance. Our fees have been increasing with inflation, as the Member knows, and are now sitting at around £4,000 a year. This is not going to be used to increase fees. I have no current plans to do anything with this. I can give the Member and the House the assurance that any decision in respect of the future financing of the sector will absolutely be taken by the Executive, with the agreement of the Executive on how we might do that.”
“I thank the Member for his intervention. He will be very familiar with the origins of the Bill and its intentions. Whilst I thank him for accepting the assurance that has been given in respect of the purpose of the Bill, when he was in post in the previous Department for Employment and Learning, and now that I am Minister for the Department for the Economy, we would have said similar things around ensuring that the higher education sector, which is incredibly important in Northern Ireland for a host of reasons, be on a sustainable footing financially. I am endeavouring to do that as best I can.”
“Fees in Northern Ireland have gone up with inflation since 2012, so the same issue is not a factor here. The argument from some seems thus mistakenly to be that, should local universities use the TEF, it will be a vehicle to increase fees, when, in truth, they have already risen with inflation, year on year, which is what England is proposing to do by using the teaching excellence framework. <BR /> <BR />I hope that offers Members some assurance that Northern Ireland universities using the teaching excellence framework is nothing whatsoever to do with an increase in student fees here.”
“From 2019-2020, the degree to which an English university could increase its fees by the inflationary increase would be dependent on the outcome of its assessment under the teaching excellence framework, as they are arguing that such future increases should be tied to certain standards in teaching, which is one element of the introduction of the TEF, as well as providing information to students when they are making choices.”
“I assure Members that, with regard to those institutions from Northern Ireland that will be participating in the teaching excellence framework, I have no plans to link teaching excellence framework assessments to tuition fee levels. <BR /> <BR />Since fees were increased in England in 2012 to £9,000 a year, they have not increased with inflation. England plans to have inflationary increases in fees from 2017-18 and year-on-year inflationary increases thereafter.”
“<BR /> <BR />I am aware that both unions also noted concerns regarding the link between teaching excellence framework participation and a rise in tuition fees. In England, under current plans, institutions that receive silver or gold teaching excellence framework awards in year 3 of the teaching excellence framework will be able to increase their fees by inflation from 2019-2020. Those who receive bronze awards will be able to apply an increase of 50% of the rate of inflation. The unions have stated that attaching a monetary incentive to a measure of teaching quality is problematic. I take this opportunity to be as clear on the issue as I possibly can.”
“Nevertheless, officials have been working with counterparts across the UK to ensure that any applications received from outside England are assessed fairly — for example, by assessment panel members being appointed from across the UK, by contextual information being made available to assessors, including our preferred measures of deprivation, and by officials being involved in the groups overseeing the implementation of the teaching excellence framework. <BR /> <BR />It is also important to note that the Bill includes a statutory requirement that the relevant devolved Minister must approve participation in the teaching excellence framework once the Office for Students takes responsibility under powers set out in the Bill. That ensures that devolved control of participation in the framework will remain in place.”
“Ensuring that they are allowed to take part will provide the institutions with an assurance that they are on a level playing field in the higher education sector across the United Kingdom. <BR /> <BR />I recognise the concerns raised by unions, but I reiterate that the teaching excellence framework is an English framework that has been designed for the English sector; it is not a jointly developed cross-UK policy. My aim to provide participation from Northern Ireland institutions is in response to the concern that our universities have articulated that they would otherwise be adversely affected for the reasons that I outlined.”