Michelle McIlveen
Strangford · Democratic Unionist Party · Northern Ireland
“Public confidence depends not only on effective enforcement but on enforcement being exercised fairly and consistently. <BR /> <BR />There is widespread concern across Northern Ireland about the condition of many of our lakes and rivers, and there are a vast number of factors that contribute to water quality challenges.”
“Although we support the overall direction of travel, I think that is appropriate to reflect on the concerns that have been raised and ensure that the legislation is proportionate, practical and capable of delivering its intended outcomes.”
“If we are therefore serious about improving our aquatic environment, every source of pollution must be addressed. New legislative powers are meaningful only if the Department has the resources, the expertise and the personnel necessary to implement them effectively.”
“There is, however, a need for accompanying clear guidance and support and for regulatory consistency and prompt decision-making. Delays, uncertainty and excessive bureaucracy will undoubtedly discourage investment and undermine confidence in the sector.”
“Subordinate legislation should not become a substitute for proper democratic accountability. Consultation and engagement must be undertaken before regulations are introduced, and I cannot overstate the need for stakeholder engagement. <BR /> <BR />I will now talk about the Bill's proposed enforcement powers.”
“The DUP broadly welcomes the Bill. As has been said, it provides an opportunity to modernise legislation that, in some areas, has remained largely unchanged for decades. The Bill strengthens the protection of our fisheries, improves the regulatory framework for aquaculture and enhances the management of our water environment.”
The complete record
Every one of 2,597 lines we hold for Michelle McIlveen, in date order, each linked to its source. Free to read, in full, without an account. Page 18 of 52.
“The youth services provided in North Belfast reflect the requirements identified through an extensive assessment of need involving young people, youth workers and other stakeholders that was carried out in 2020 and is regularly reviewed. Overall, the Education Authority is investing £2·6 million to support youth services in North Belfast in the current financial year. That includes substantial funding totalling £1 million going to four large voluntary youth organisations in the area: John Paul II Youth Club and the Ardoyne, Holy Family and New Lodge youth centres. <BR /> <BR />It is important that both generic and targeted youth services are open and accessible to all children and young people, including those with special educational needs, and every effort is made to ensure that that is the case.”
“My Department is working closely with contractors in relation to that in order to minimise future disruption. Specific projects that have been affected directly include Islandmagee Primary School, Dunclug College, Lismore Comprehensive, Our Lady of Fatima, St Joseph's High School in Crossmaglen and Holy Trinity College in Cookstown.”
“I thank the Member for his question. He will be aware that, on 23 December, I issued a call for applications for major capital works. That has now concluded, and applications have been made. Assessments of the applications will be made over the next few weeks, and I hope to be in a position to make an announcement in mid-March. <BR /> <BR />The construction market has, of course, been affected by sustained increases in the cost of materials. That was quite noticeable in early to mid-2021. I understand that the rate of cost increases has slowed, but prices remain quite high. As the Member will have heard in my initial response, that has had an impact on schools, particularly in the North Antrim area. He will be aware, again from a previous answer, that the Department of Finance issued a PAN.”
“In December 2020, the Chief Secretary to the Treasury confirmed that the remaining £469 million Fresh Start funding can be re-profiled across the remaining years of the programme. <BR /> <BR />The total spend so far is just shy of £37·3 million. Although the spend is low relative to the overall £500 million available, that is expected in a programme of this size, given that a lot of early work included procuring design teams, identifying sites and so on. The projected spend profile will, however, ramp up significantly in the coming years. The overall projected spend on the announced education projects, including Strule, is currently £665 million, so there is a significant requirement for Executive capital to complete all the projects. The additional funding is required over the next five years of the programme.”
“I thank the Member for his question. He will be aware that the Fresh Start Agreement committed £500 million of new capital funding over a 10-year period. A total of 28 projects, excluding Strule, have been introduced; 23 were announced in March 2016 and five further in November 2018. Initially, a carry-forward of unspent funding for 2016-17 and 2017-18 and up to the end of the current spending review period of 2020-21 was agreed by Her Majesty's Treasury under the confidence-and-supply agreement. That allowed £91 million underspend related to that period to be re-profiled across the current spending review period. Subsequently, New Decade, New Approach next steps included the statement:”
“The Member may be aware that, in August last year, the Executive, through the Department of Finance, introduced a new procurement advice note, PAN 01/21, which seeks to give redress for contractors who have been subject to significant and unforeseen costs. Conversations on Dunclug College are ongoing between EA and the contractor in order to see whether the project can be kept on track. In the event of that not happening, we will have to go out to tender again.”
“My Department is committed to both of those projects. Conversations continue with regard to Dunclug, in the hope that we may be able to turn around the decision of the contractor, particularly in relation to the procurement advisory note (PAN) that was issued in August. We are working on that notification. <BR /> <BR />With regard to the Ballycastle Shared Education Campus, I was privileged to meet staff and pupils of both schools. They are incredibly excited at the prospect of the new campus. A commitment that I can give is that, despite all the setbacks that have taken place, all stakeholders are fully committed to the project and look forward to the delivery of the facilities in the, hopefully, not-too-distant future.”
“The issues encountered during the procurement process have delayed the project by approximately 12 months.”
“Without warning, the contractor submitted a termination notice on 30 November 2021, and the EA is in discussion with the contractor in an attempt to have the termination notice withdrawn. <BR /> <BR />The Ballycastle Shared Education Campus project is a £50 million major capital project for the construction of a new shared campus to accommodate Ballycastle High School and Cross and Passion College. Planning permission for the project was granted in May 2021. The procurement of the integrated supply team has been delayed due to the current uncertainty. Unfortunately, several bidders were unable to stand over their tender prices and withdrew from the process. As a result, the procurement was terminated. A new competition is due to commence this month.”
“There are three new capital builds for post-primary schools in North Antrim. For Cullybackey College, the feasibility report has identified a number of options to provide accommodation for the approved enrolment of 700 pupils. A business case is currently being finalised by the Education Authority (EA) to identity the preferred option, which will be issued to the Department of Finance for approval. An integrated consultant team has been appointed that will complete the design work on the preferred option. <BR /> <BR />With regard to Dunclug College, the EA entered into a contract with Graham Construction on 11 May 2021 to complete the design and delivery of the new school. Royal Institute of British Architects (RIBA) stage 4 design had commenced, with construction work expected to start in February 2022.”
“CCEA's RSE hub provides a range of up-to-date and relevant resources and sources and, in line with the recommendations about the need to include more information in the school curriculum for disabled children and children with sensory disability, part of the funding provided to CCEA has enabled RSE guidance and resources to be developed for children with special educational needs. Therefore, my Department is working with DOJ and has regular meetings with it, in order to follow through on the recommendations made by Gillen.”
“My Department is liaising with colleagues in the Department of Justice, which has lead responsibility for the recommendations of the Gillen report. My officials are part of DOJ's educational awareness working group. The cross-departmental, multi-agency group was established to raise awareness and education in Northern Ireland of the issues highlighted in the review. All publicly funded schools in Northern Ireland are required to deliver the minimum statutory curriculum, including RSE.”
“I am not sure from where Ms Hunter has garnered that information. I am of the view that the topic is very much taught in schools at various levels. If she refers to the Education (Curriculum Minimum Content) Order (Northern Ireland) 2007, she will see that that is part of the minimum content in our schools. Boards of governors and school leadership have signed up to that. Therefore, consent is part of the curriculum and part of the post-primary curriculum.”
“It is characterised by clear, informed and purposeful leadership from the senior leadership team; a whole-school planning process that involves wide-ranging consultation with all stakeholders, including parents, pupils and governors; a comprehensive RSE policy, including a parent-friendly policy; clear linkages and explicit connections with the aims, values, ethos and moral and ethical framework of the school; and judicious and appropriate use of internal personnel, external agencies and guest speakers to handle sensitive topics. The role of the board of governors is incredibly important to the delivery of RSE in every school.”
“That will be done in consultation with parents, will be appropriate to the school's ethos and will be endorsed by the school's board of governors. Through inspection of child protection and safeguarding policies, the Education and Training Inspectorate (ETI) routinely assesses whether schools have an appropriate policy for the delivery of RSE in the curriculum. <BR /> <BR />Overall best practice in RSE should be reflected in the board of governors' policy.”
“I thank the Member for her question. As with all areas of learning, the board of governors of a school has a responsibility for ensuring that a comprehensive and age-appropriate RSE programme is taught and that the minimum content is covered. The central tenet of the Department's school improvement policy, Every School a Good School, is that schools, through honest self-evaluation and informed by data, are best placed to identify and address areas for improvement that can bring about better outcomes for their pupils. As with all other aspects of the curriculum, the governors are responsible for the quality of RSE provision, which is evaluated through the inspection process. <BR /> <BR />My Department requires each school to have in place its own written policy on how it will address the delivery of RSE.”
“As part of the work that we are producing, the CCEA hub is constantly being updated and resourced in order to assist teachers in the delivery of RSE and to give support where appropriate.”
“I thank the Member for her question. I need to reiterate that RSE is already mandatory. The statutory curriculum for personal development and mutual understanding at primary level and the personal development strand of learning for life and work at post-primary level include high-level content for each Key Stage in the area of RSE. The specification can be found in the Education (Curriculum Minimum Content) Order (Northern Ireland) 2007, and it is age-appropriate. <BR /> <BR />As the Member will understand, schools, alongside their governors, will work within their ethos and to guidance. I accept her point about challenges for females and so on. Those are difficult issues in society, and we are working closely with schools, particularly by providing online support to pupils.”
“I thank the Member for her question. I do not agree with the sentiment that she has expressed, because RSE is already mandatory. It is in our schools, and there is a minimum content order. Considerable work has been done over many years to ensure that resources are in place in schools. I accept that work needs to be done in order to give teachers the confidence and support that they need to teach this, but the Member is wrong in what she says. A considerable amount of work is being done by my Department, alongside its partners, to assist schools in the delivery of RSE.”
“<BR /> <BR />The statutory curricular content is supplemented by teaching materials and resources developed and produced by the Council for the Curriculum, Examinations and Assessment (CCEA), which has developed a specific RSE hub that provides a range of up-to-date, relevant resources that support teachers to effectively address sensitive issues while they are contemporary and relevant to young people. I have instructed officials to work with our education partners to provide further guidance to our schools on their approaches to the delivery of RSE, including the teaching of contemporary and sensitive issues.”
“Those are consistent features of high-performing school systems, where school-level flexibility and teacher collaborations are the drivers of constant improvement, because they lead to innovations in teaching and learning at a time when issues are important to young people. We also have a clear picture of best practice in our schools that is characterised by clear and informed leadership from the school principal and senior leadership team and by ensuring that RSE has a significant role in the school's curriculum provision. Additionally, it reflects wide-ranging consultation with stakeholders, including parents, pupils and governors.”
“Our statutory curriculum for personal development and mutual understanding at primary level and the personal development strand of learning for life and work at post-primary level includes prescribed content in the area of relationships and sexuality education. That represents a coherent legal framework within which schools have autonomy to choose their own delivery approaches, and it allows our school leaders to provide a curriculum with appropriate coverage, content, structure and progression for their pupils. <BR /> <BR />We have a world-class curriculum with flexibility and pedagogical autonomy at its heart.”
“<BR /> <BR />Although I appreciate that amendment No 47 seeks to clarify that the regulations relate to integrated education, I do not believe that that makes a material difference to the impact of the Bill. Again, I urge Members to support amendment Nos 49 to 55, which, I am sure, Mr McCrossan will be delighted about. <BR /> <BR />In the Chamber, we will have to face up collectively to the implications of the final legislation that emerges from this process. Throughout the process, I have taken that responsibility very seriously. I hope that Members do likewise in the last moments of the Consideration Stage debate.”
“If the Education Committee's amendments to subsections (3) and (4) are agreed and the regulations are to be made via draft affirmative resolution, the power should be enabling: the Department "may" make the regulations. I am very clear about the risk if the duty for the Department to make regulations were to be subject to the draft affirmative approval process. That is my concern. That could leave the Department in breach of its statutory duty if approval were not given. That is my concern, which relates primarily to the Committee's amendment. If amendment No 46 is not supported, which the Bill sponsor has indicated, my request is that amendment No 56 not be supported. I therefore urge Members to support amendment No 46, which will make the choice about amendment No 56 more straightforward, because it will not matter one way or another.”
“I had not intended to do this but, given that a number of Members were not present at the beginning of the debate, I feel that I should repeat some of my initial remarks about my concerns about amendment No 46, which I tabled, and its linkage to amendment No 56, which was tabled by the Committee. <BR /> <BR />Amendment No 46 to clause 10 means that the power to make regulations would be an enabling power. That is important when we link it to amendment No 56, which would make the regulations subject to the draft affirmative approval procedure. If the Department "must" make regulations, then, in optimal procedural terms, the regulations should be made via negative resolution.”
“<BR /> <BR />On the other amendments tabled on clause 10, whilst I appreciate that amendment No 47 seeks to clarify the regulations as they relate to integrated education, it would not make a material difference to the impact of the Bill. Amendment Nos 49 to 55 represent improvements on the Bill, as introduced. I urge Members to support those amendments. <BR /> <BR />As I said, we are nearing the end of the Consideration Stage debate. The impacts of weak and unclear legislation would be felt for years to come. I would be failing in my duty, as a Member of the legislative Assembly and as Minister of Education, if I did not bring those longer-term and far-reaching consequences to the attention of the House. Thank you.”
“The risk of the Department not being given the approval to make regulations in these circumstances would place it, through no fault of its own and due to circumstances outside its control, in breach of a statutory duty. If the Department "must" make regulations, it should be via negative resolution. Therefore, if amendment No 46 is not supported, amendment No 56 should not be supported. If the Department "may" make regulations, these can be made via negative resolution or draft affirmative resolution. I urge Members to support amendment No 46, which will make the choice at amendment No 56 much more straightforward.”
“We must also look, in particular, at amendment No 56, tabled by the Chair of the Education Committee. That amendment, amongst other things, requires regulations to be made by draft affirmative procedure rather than negative resolution procedure, as introduced. <BR /> <BR />Regulations made by negative resolution are laid and come into operation unless they are prayed against, with a Member actively opposing them. Regulations made by draft affirmative resolution are subject to a debate and active approval by Members. Why this is important is the combination of amendment Nos 46 and 56. If the Department "must" make regulations via draft affirmative procedure, I am advised that, procedurally, this is not a straightforward combination. If approval was not given, the statutory duty to make, not draft, regulations would still apply.”
“As we move through the amendments and debates, we have reached the final set of decisions about the Integrated Education Bill. In this debate, we have only one clause to discuss, clause 10, which is about the power and scope of the regulations that can support the Bill. As introduced, clause 10 sets out a range of unnecessary provisions and includes a hammer blow approach that would amend primary legislation through subordinate legislation. <BR /> <BR />I refer Members to amendment No 46, which I have tabled to clause 10: rather than the Department "must" make regulations, the Department "may" make regulations. This appears to be very straightforward. However, as with so many in this Consideration Stage, this amendment cannot be taken in isolation.”
“<BR /> <BR />While I appreciate what amendment Nos 37, 38, 40, 41, 42 and 43 would do in terms of the meaningfulness of the information provided and the impact on education bodies by amending what is introduced, I urge Members to look to the provisions of the amendments and support amendment Nos 30, 32, 33, 34 and 35. I urge Members to oppose clause 9, which will enable amendment No 45 to be moved, and I urge Members to support amendment No 45.”
“<BR /> <BR />Clauses 8 and 9 detail greater reporting and delivery from the Department on a strategic level on its duty under article 64 to encourage and facilitate the development of integrated education. The amendment that I have tabled brings complete and unambiguous clarity to that, without setting in legislation unnecessary distractions around activity-based and output-focused targets or benchmarks. It is my duty as Minister of Education to ensure that the focus on outcomes for children and young people is carried through and enshrined in everything that we do. The amendments that I ask Members to vote for today are designed to benefit our children through clear, workable legislation.”
“The amendments enable the Department of Education and all planning stakeholders to take account of what is already provided for in terms of consultation requirements as part of that process. The amendment is the best guarantee that the Assembly has of absolute legal accuracy. <BR /> <BR />Again, procedurally, in order to move the amendment as part of the Bill going past Consideration Stage, I will oppose the existing clause 7. Amendment No 29 will introduce clause 7A to provide an alternative that can work with any proposals for new schools. I urge Members to vote for amendment No 29, which means not voting for amendment No 27 and associated amendment No 28.”
“While I very much appreciate the fact that the Bill sponsor has also tabled an amendment that aims to clarify what is meant by a "new school", my amendment does not bring in unnecessary consultation provisions that have the potential to tie up those involved in strategic planning in repetitive consultations and reports, which can really only have the result of slowing down the whole process for all sectors, including the integrated sector. It would serve only to elongate the area planning processes even further when, in fact, all involved in area planning have indicated that their aim is for it to become a much more agile system in order to meet the needs of communities. They are working well with officials to design much more streamlined processes that better serve our children and young people.”
“If you do not mind, I really want to continue. It is getting late, and we have been here for a considerable time. <BR /> <BR />Clause 5A does not mention the status quo. For further clarification, there are 68 integrated schools, 30 of which are controlled integrated. <BR /> <BR />Amendment No 29, which is to clause 7, addresses the extremely concerning provisions that would result in the presumption that every new school would be an integrated school. The amendment ensures that the definition of a "new school" is clear and in line with all existing legislation. The duty is appropriately placed on the Education Authority to reflect where legal power exists for planning purposes.”
“Also, there are still around 3,000 places in integrated schools for children who want to attend them. While I appreciate that they may not always be in the right place, there is still space in the sector. That is why we need effective area planning. There are, of course, plans in place to address that.”
“The Bill sponsor mentioned the issue of access to integrated schools and about young people perhaps having to go to controlled or maintained schools. For the record, where integrated education schools are oversubscribed — not all of them are — 100% of requests for temporary variations (TVs) were approved.”
“I will not labour on this too much, but it is still my intention to move amendment No 23 for a new clause 5A. I believe that, so long as that clause is included, there is an opportunity to revisit this. Regardless of what the Bill sponsor says, I would prefer to leave it to the experts in the Bill Office than to take advice from the Bill sponsor, who has a clear vested interest. It is still my intention to move amendment No 23. I hope that I get support from Members for the new clause, if they mean what they have said throughout the stages of the Bill about the importance of parental preference being recognised and provided for. The amendment delivers on that on a solid legislative basis, and I urge Members to vote for it. <BR /> <BR />I will make a couple of points for clarity.”
“I appreciate that the Member has concerns, and I very much appreciate the fact that he is giving it consideration. I have spoken to the Bill Office to get clarity. If he desired to support me on new clause 5A and clauses 4, 5 and 5A were on the books, as it were, to be considered, that could, due to the synergy there, be brought back for amendment at Further Consideration Stage and considered at that point.”
“The risks of getting that wrong and making poor and unclear legislation need to be considered: I cannot underline enough how serious this is. We have a Bill before us that is deficient in a number of ways, yet we have the benefit of access to amendments that have been drafted by legal experts and that, collectively, give us a means of achieving a better outcome. It would be remiss of me not to remind Members of that and, again, to take the opportunity to say so.”
“<BR /> <BR />Whilst I appreciate what amendment Nos 37, 38, 40, 41, 42 and 43 seek to do in terms of the meaningfulness of the information that is provided and the impact on education bodies by amending what is introduced, the amendments that I have tabled enable the focus to be on delivering for the benefit of children in integrated schools. The Department must still publish a strategy and report against it, but in a meaningful way that will allow the underpinning work to focus on children rather than on gathering information to meet statutory requirements that take time and focus away. <BR /> <BR />I urge Members seriously to remember that we are now debating the third group of amendments to the Bill. What we vote through in the Bill must work with the rest of the Bill and with existing legislation.”
“<BR /> <BR />Biennial reporting in clause 9 as introduced adds bureaucracy and burden, with no benefit for the children who are in our schools currently or for those seeking places in the school or sector of their choice. Again, for procedural reasons, I will oppose that clause 9 stand part of the Bill. That is to enable me to table amendment No 45. Equally, I urge Members to look to the provisions of the amendments and to support amendment Nos 30, 32, 33, 34 and 35. I also urge Members to oppose that clause 9 stand part of the Bill, which will enable amendment No 45 to be moved. I urge Members to support amendment No 45.”
“Clause 8 requires the Department of Education to publish an integrated education strategy, whilst enabling the work of NICIE to feed into it. New clause 9A reflects that that reporting will be related to the implementation of the strategy: that is logical and meaningful. Biennial reporting in clause 9 as introduced distracts from the work in hand, which, in this context, must surely be to provide high-quality education and to report on how effectively that is in line with parental preference. Anything that goes beyond that is beyond the scope of the Bill, but I am clear that the preference is that which will be expressed by parents — not limited by the schools that currently exist, but ascertaining what provision is sought by them.”
“<BR /> <BR />My expressed concerns about a strategy for any sector that elevates it above others notwithstanding, if we are to have a provision requiring an integrated education strategy, it should provide for a sensible approach that allows a body such as NICIE, which is funded to encourage and promote integrated education and is represented at every level in area planning, to put forward a strategic plan that reflects the aspirations of parents wishing to avail themselves of integrated education. Amendment No 33 provides for that and also requires the Department to provide commissioning information and to publish it, in addition to the strategy and associated report. <BR /> <BR />I will now turn to the amendments to clause 8 and the replacement for clause 9 — clause 9A — which is reflected as amendment No 45.”
“Amendment Nos 30, 32, 33, 34 and 35 bring complete and unambiguous clarity to that, without setting in legislation the unnecessary distractions of targets or benchmarks or attempts to put pressure on the Education budget or the Department's staffing quotas. Amendment No 32 also sets a reasonable period of time for a meaningful strategy to be provided. Any Department that develops and reports on a strategy will include in its reporting an analysis of how effectively that strategy has been delivered. That will include an analysis of progress. References to targets and so on do not need to be in the legislation.”
“I see from the Bill as introduced that there is a desire for greater reporting and delivery from the Department, at a strategic level, on its duty under article 64 of the 1989 Order to:”
“It sets out, in the clearest terms, a definition of what is meant by a "new school" that does not include amalgamations, new school buildings or admissions or enrolment changes for existing schools. Members will see that it achieves clarity in a way that no other amendment tabled does. <BR /> <BR />Procedurally, I will oppose the Question that clause 7 stand part of the Bill. I will vote against amendment Nos 27 and 28. I will do so to enable amendment No 29 to provide a replacement clause 7A. I urge Members to oppose clause 7 stand part of the Bill and to vote against amendment Nos 27 and 28. I remind Members that, if they vote for those amendments, they will not be able to vote for amendment No 29. <BR /> <BR />I will turn to strategy and reporting.”
“<BR /> <BR />Amendment No 28 is not necessary, as transformation involves existing schools changing their status to integrated. That process is well defined and only relates to integrated education. <BR /> <BR />Amendment No 29 provides a new clause 7A, which aligns consideration of integrated education in relation to proposals for new schools with the legislation that governs how new schools are established. It clearly sets out the duty of the Education Authority as the body that would bring proposals for controlled schools or publish proposals for any sector. Regardless of views about planning for new schools, in law, the statutory power that enables it rests with the Education Authority as an organisation. The amendment provides legal clarity. It requires the Education Authority to have regard to demand.”
“There is therefore no benefit to be achieved by the approach, taken throughout the Bill, of placing spurious duties on a range of education bodies, which they simply will not be able to deliver, and that are inconsistent with the wider legal landscape. <BR /> <BR />The wording in the Bill if amended has the potential to require every education body to consult at unspecified times and therefore, arguably, at every single stage when a school is being considered. Every consultation by every body requires a report to be published. Every report has further statutory requirements under proposed subsection 7(4), and all that is in addition to existing statutory consultations both pre and post publication of any proposals. To what end?”
“Even as amended, however, the clause carries significant flaws. Education bodies, as defined by clause 13 of the Bill as introduced, do not plan for the establishment of a new school. At what point has CCEA, for example, ever been involved in that process? Legally, the Education Authority plans controlled schools and has overall responsibility to act as a planning authority. Currently, parents and the community have the power to say, "I want an integrated school", and the power to bring proposals for a new integrated school rests firmly with them. CCMS has a role in the maintained sector, but, in strict legal terms, area planning operates under the provisions of the 1986 Order. Those provisions govern the efficient and sufficient provision of schools to meet the needs of the community. Legally, that duty sits with the Education Authority.”
“<BR /> <BR />Clause 7, as introduced, was one about which there was widespread concern, both across the House and across the education sector. I recognise that the Bill sponsor's replacement for clause 7, as set out in amendment No 27, does go some way in providing a definition to clarify what is meant by "new school".”