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.”
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“I very much appreciate the question from the Member. I am aware that, when he was Minister of the Environment, he had a particular interest in red squirrels, along with hedgehogs, I believe. <BR /> <BR />I do not have the exact figure for the red squirrel population in Northern Ireland, but there are around 120,000 red squirrels right across the United Kingdom, and 75% of them are in Scotland. There are red squirrel hotspots in Northern Ireland, particularly around the Ring of Gullion. A number of conservation groups are specifically set up to look at the red squirrel, one of which is in the Minister's — sorry, the former Minister's — constituency. He may now have time to join that conservation group and give it a hand in its monitoring of the red squirrel.”
“We do not necessarily have to look to what we had before; there is the opportunity for something different. He mentioned the Canadian and Australian models and various other examples that could be looked at. As I have said, we do not necessarily have to pick one of those and apply it. We can develop something bespoke for the United Kingdom. As a region, we would look for some type of flexibility within the framework offered.”
“I thank the Member for his question. As I said to him earlier, George Eustice shared some of his early thoughts on what any support package might look like. He wants to be visionary. He is looking for fresh ideas and is not closing the door on anyone with ideas on what they might look like.”
“Last week, I met Andrea Leadsom and hosted a visit by George Eustice to Northern Ireland. I impressed on them the unique position of our agrifood sector. We had meetings with a range of agrifood, environmental and fisheries stakeholders and departmental officials. Yesterday, the First Minister and deputy First Minister attended the first Joint Ministerial Committee meeting on exiting the European Union, where they emphasised the strategic importance of the local agrifood sector and sought assurances that we would be kept closely and directly involved in the agricultural, environmental and fisheries policy and trade agendas as they unfold.”
“With your permission, Mr Speaker, I will answer questions 5, 6 and 13 together. <BR /> <BR />The agrifood sector is much more important to the local economy in Northern Ireland than is the case in the rest of the United Kingdom. The percentage of total employees is 5·5% in Northern Ireland compared with 2·4% in the United Kingdom as a whole. In 2014, the Northern Ireland food and drink sector generated sales of £4·5 billion and employed well over 20,000 people. Around 28% of Northern Ireland food and drink sector sales are exported compared with 10% for the United Kingdom as a whole. Therefore, future trade arrangements will be important. <BR /> <BR />Over the past weeks and months, I have met a number of Ministers to discuss the important issues that need to be resolved.”
“I thank the Member for his question. I am aware of the issue, which has been raised with me on a number of occasions. Very recently, I attended the Fermanagh group meeting of the Ulster Farmers' Union, and a number of young farmers raised the issue in the body of the meeting and spoke to me privately about it. I have raised with officials the issue of why the request was so late in the year. My understanding is that they wrote to relevant applicants in September, as they were unable to get the required evidence earlier to meet the deadline for receipt of the advance payments. I understand that a number of them have been able to get their information in on time and have been able to qualify for advance payments in October.”
“I thank the Member for his question. I am aware that that is a particular issue for Mr Allister and one of his constituents. I am happy to meet him and officials to discuss the issue and will make arrangements with him to do so.”
“I thank the Member for his question. He will be aware that my Department has been working alongside Westminster on what future support for farmers might look like. He will be aware that I met Andrea Leadsom last week. I also hosted George Eustice in Northern Ireland. That visit allowed George Eustice to meet industry representatives and stakeholders and gave him an opportunity to look at the vision that he has for any potential support. It is about looking not at what we currently have but at what we could have. It is not about picking something off the shelf and applying it to Northern Ireland or the United Kingdom; it is about having a model that is bespoke to our needs here. There are ongoing conversations between me, my Department and Westminster on what a support system might look like.”
“You will also be aware that additional weighting is given and will be given to young farmers in the capital element of the farm business improvement scheme to encourage those young people to get involved in farming and invest in their business going forward. It is critical that all of us support the farming industry and that those young people see a future in it and are encouraged to become involved.”
“I thank the Member for his question. Each year, there is an opportunity for new entrants to apply if they meet the criteria. I want to ensure that our agrifood sector is growing and is sustainable in order to encourage young people to get involved in the agriculture sector. I want to see a future for them in the industry. You will be aware that the Young Farmers' Clubs of Ulster and the Ulster Farmers' Union have been doing a considerable amount of work on succession planning. I look forward to having a meeting with them in the near future to see how we can assist them with that project.”
“The remaining applications are being assessed or have been rejected.”
“I thank the Member for his question. Of the 1,780 successful applications in 2015, 593 have been paid an advance young farmer payment in October. Advance payments on the basic payment scheme and greening have been issued to 548 applicants with outstanding issues around the young farmer element of their payment. Therefore, 1,141 young farmer applicants from 2015 have received an advance payment for one or more elements of their claim in 2016. The majority of the remaining applications from 2015 have yet to provide the evidence necessary to make their young farmer payment in 2016. A small number with evidence supplied are yet to be assessed. Of the 746 new applications for the young farmer payment and/or young farmer regional reserve in 2016, 458 have been paid an advance payment.”
“I strongly encourage all farmers yet to provide the required evidence to do so as soon as possible to ensure that full payment is issued to them in December.”
“In 2015, my Department provisionally approved applications to the regional reserve and the young farmer payment from young farmers who had become head of holding and were not in a position to provide all the required evidence to support their applications. My Department has sought the necessary information in recent weeks in order to prevent any delays to the 2016 payments. I am pleased that many young farmers have provided the information required. My officials have assessed the information speedily and have issued advance payments to those who have satisfied the criteria. Where there are outstanding issues with an individual’s young farmer payment and where possible, my Department has made an advance payment on the other elements of their claim.”
“Following the closure, local eel fishermen were entitled to tender for participation in the trap-and-truck conservation fishery, which catches silver eels and moves them downstream off the two dams. This provided potential to an alternative source of income for the fishermen after the closure of the commercial eel fishery. A range of conditions and actions in the eel management plan are being kept under regular review, and progress on these is reported to the EU. To date, there has not been any variation or amendment to the conditions applied to the eel management plan.”
“I thank the Member for his question. In December 2008, the UK submitted 15 eel management plans, including the trans-boundary plan for the Erne system, for individual assessment to the European Commission, covering the river basin districts as defined under the water framework directive in England and Wales, Scotland and Northern Ireland. These plans were approved by the Commission and the management committee for fisheries on 4 March 2010 and are being implemented in accordance with the regulation. <BR /> <BR />As the Member will know, the eel fishery was closed in 2010 as a condition of the EU approval of the north-west eel management plan, and some 17 Lough Erne fishermen who applied each year for licences and permits issued by the former DCAL to fish for brown eels could no longer do so.”
“I thank the Member for his question. The conversations that I had in the past were when I was wearing a different hat. My officials speak regularly with the cooperative, and, over the last number of years, they have spoken regularly with members of the cooperative who do not have permits. I was in attendance at those meetings as the Chair of the Culture, Arts and Leisure Committee. I have not met them in my current role, but I am happy to do so. My officials will accompany me at the meetings.”
“I thank the Member for his question. I am happy to have those conversations in relation to the audit. I was not aware whether it had been completed or not. I do not have that information, but I am happy to provide it.”
“I thank the Member for his question. He may be aware that, in the last mandate, I chaired the Committee for Culture, Arts and Leisure for a number of years, and, during that time, I met the fishermen on a number of occasions and went to Toome to meet the cooperative as well. I am more than happy to meet the fishermen to discuss their issue. Although I have met with them, I am happy to do that again with this particular hat on.”
“DAERA inland fisheries officials are currently finalising a fishery management plan for Lough Neagh, which aims to ensure the sustainable management of fish stocks on the lough and to maximise the socio-economic benefit of the fishery for communities around the lough shore, the local economy and the ecology of the lough. One of the recommendations in the draft plan, which was agreed by stakeholders, was the introduction of a scale fish permit system, and this has now been achieved.”
“The Department has no role to play in that process. The rules regarding the issuing of permits to fishermen are agreed by the cooperative, and any applications for permits are considered against the criteria. Although under no obligation to do so, the cooperative has provided my officials with clarification and supporting documentation on the processes for administering applications for permits, and, indeed, it has been the subject of two judicial reviews in the past. <BR /> <BR />The lough's fish stocks are a finite resource, and the cooperative must control fishing intensity to ensure the long-term sustainability of the fishery. The serious decline of eel stocks across Europe has intensified the need to manage stocks effectively.”
“My Department is responsible for the conservation and protection of salmon and inland fish stocks on Lough Neagh and for the issuing of licences for commercial fishing of eels and scale fish. It also provides financial assistance to the Lough Neagh Fishermen's Co-operative Society towards the eel restocking programme, which is a conservation measure outlined in the EU eel regulations. The Department is satisfied that the cooperative is complying with the conditions of funding contained in the letter of offer. That funding is not related to the issue of commercial permits. <BR /> <BR />The fishing rights for Lough Neagh are owned by the cooperative, and it is a matter for that organisation to manage its own interests, including the issuing of permits to allow fishermen to fish for eels and scale fish.”
“I thank the Member for his question. A zero-waste society does not necessarily mean that we produce no waste. It is about trying to reduce the amount of waste that goes to landfill. There is currently a policy of promoting reuse and recycling, which will hopefully lead to zero waste. The Department published 'The Road to Zero Waste' in September 2014, and it is something that we are working to achieve. There are a number of projects in each council area around the circular economy and encouraging business to get involved with that. In my constituency, I am aware of a large business that says that it has zero waste. It has invested a considerable amount of money in its plant to ensure that everything is recycled or reused. It is about trying to encourage that and about changing the mindset of people and their attitude to waste.”
“I thank the Member for his question. There is a disparity there. An education programme needs to be carried out not only in our communities but alongside our local councils. I am aware, given the changes to local councils and changes in personnel, that there are probably a variety of policies still being looked at and addressed by each council. Therefore, following on from today, I will be content to have conversations with councils, particularly with my officials leading on that to ensure that their use is encouraged. In the first instance, however, we need to try to have an education programme to avoid littering.”
“I thank the Member for his question. I do, indeed. The challenge fund has made a huge difference, particularly in getting schools and communities involved. That is why I am particularly keen that, in this new element of the fund, we include the theme of civic pride, because that is incredibly important. As elected representatives, we all engage with our local communities and village groups and understand the pride that they have in their local area, and this is just to help encourage them to do that. This is therefore an incentive as much as anything else, but it has made a tremendous difference.”
“To date, more than £4·6 million has been awarded from the challenge fund, enabling almost 600 environmental projects to be carried out. I am pleased to be able to deliver further resource to ensure that that good work continues.”
“<BR /> <BR />I am pleased to be able to deliver further resources for the fund and ensure that this good work in our schools and communities can continue. This competitive fund will award moneys to organisations delivering projects on civic pride, access and recreation, education and awareness, and environmental management.”
“I thank the Member for her question. I am delighted to announce today that an initial £400,000, sourced from the carrier bag levy, will be available for the challenge fund in the current financial year for not-for-profit organisations delivering projects that aim to improve the local environment and boost civic pride. This funding of £400,000, with potentially further support later in the year, will enable local communities, schools and voluntary organisations to undertake small-scale projects to improve the environment and deliver environmental education. Community groups, for example, can use the funding to enhance their local area through tidying a local beach or neglected beauty spot or by creating and enhancing areas where the public can enjoy the local environment.”
“As of January 2015, Northern Ireland was the first country to have every school signed up to the Eco-Schools programme. Additionally, NIEA runs a fly-tipping partnership programme with councils to clean up fly-tipped wastes. My Department is using a combined approach of legislation, education, awareness and enforcement to tackle litter in Northern Ireland.”
“The levy is the most extensive of any of the carrier bag charging arrangements on these islands and has generated millions of pounds for local environmental projects, including anti-litter projects. A review of the charge, as Members are aware, is currently under way. <BR /> <BR />Education is a vital component in the fight against litter, and, to that end, DAERA works closely with councils and NGOs to develop and support educational and promotional campaigns aimed at achieving behavioural change. For example, my Department provides significant financial support, nearly £945,000 in the period 2014-15 and 2016-17, to Keep Northern Ireland Beautiful, which runs a number of programmes, including Eco-Schools and Live Here Love Here.”
“The Department introduced the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 to allow councils to issue fixed penalty notices of up to £80. The number of fixed penalties issued by councils for litter offences increased to 4,443 in 2014-15, up from 3,268 in 2011-12. Where the case is dealt with by the courts, a fine of up to £2,500 can be imposed. I will continue to keep the situation under review, taking appropriate action where necessary. <BR /> <BR />The Department also introduced the carrier bag levy in April 2013, which has reduced the number of bags dispensed in Northern Ireland by tens of millions every year, and thereby reduced the number of bags littering our public spaces.”
“I thank the Member for his question. Obviously, the whole issue around pollution is something that I do take seriously, and it does cause me concern. It has happened in rivers in my constituency, and I understand the impact that it has on the habitat and on those who use the rivers. Very often, as you say, it does not seem that the fine is commensurate with the crime that has been committed. I am happy to have further conversations about this and to pursue it, and I am open to conversations with Members as well.”
“I thank the Member for his question. Since 1 January 2012, there have been 44 major or moderate fish kills in Northern Ireland where the cause was a polluting discharge. Northern Ireland Water has been determined by NIEA as the source of two of the 44, with a further two incidents, including last week's in the Carrig river, at various stages of the enforcement process. In 2010, a moderate fish kill associated with Tandragee waste water treatment works resulted in a £5,000 fine, and, in 2014, a moderate fish kill associated with the pumping station in Ballynahinch resulted in a warning letter from NIEA, and £1,600 in fishery restoration costs were recovered from Northern Ireland Water.”
“I thank the Member for his question, and I agree with him about those responsible for pollution incidents such as this, be they from public bodies, in business or private individuals. There is a process within which my Department has to operate, but we also need to look at education and advocacy alongside our enforcement rules. While NI Water has admitted that it is responsible, there is an ongoing investigation.”
“All of the evidence to date confirms that there has been no risk to or impact on public health. <BR /> <BR />With regard to the effect on fish and fauna in the Annsborough river, the chemical involved is toxic to fish. Inland fisheries officials have confirmed that in excess of 1,600 fish were killed, including adult salmon and sea trout, and this will undoubtedly have an effect on the river for many months to come. However, the inland fisheries division is already working with others to consider how the river could be restocked. NIEA is also carrying out a biological survey of insects in the area.”
“<BR /> <BR />As far as the potential ecological harm posed by the spill is concerned, there are three broad lines of inquiry into mitigation: first, the absolute necessity of protecting public health; secondly, an assessment of the pollutant's effects on fish and fauna in the river; and, finally, an assessment of any potential damage to commercial shellfish beds where the river enters Dundrum Bay. <BR /> <BR />As far as the risk to public health is concerned, the data on this chemical confirms that although it is toxic to fish, it does not pose a significant risk to human health. Nevertheless, my Department has worked closely with relevant agencies, including the Food Standards Agency and Newry, Mourne and Down District Council, to ensure that all possible risks are considered and addressed.”
“Officials from my Department first learned of the incident in the early afternoon of Saturday 8 October 2016, and on-call officers from DAERA's Northern Ireland Environment Agency (NIEA) and inland fisheries division immediately travelled to the scene. By late afternoon, the source of the spill had been traced and samples taken with a view to enforcement action. Inquiries at the source site also quickly determined the precise nature of the chemical involved in the incident and thus the detailed ecological and toxicological information on the potential hazards that it poses. Officials from my Department promptly notified, and have continued to work closely with, a range of other agencies to ensure that every possible risk to the environment or public has been considered and addressed.”
“Ministers have asked the agency to work with the Ulster Farmers' Union and the Irish Farmers' Association with a view to preventing pollution incidents by raising awareness of the issue among farmers and educating them through early intervention. As a consequence, the number of fish kills will hopefully reduce. I am pleased to say that the Loughs Agency has already made contact with both farming unions, and a meeting is expected in the very near future.”
“I thank the Member for his question. At the meeting, we had a report from the Loughs Agency on pollution incidents in their area of jurisdiction, and pollution is, unfortunately, on the rise: a total of 100 incidents were dealt with in 2015, compared with a total of 150 to date in 2016. The Loughs Agency was directly involved in dealing with a recent major pollution incident that killed in excess of 1,000 fish in the River Faughan. <BR /> <BR />Reducing pollution is one of my ministerial priorities. I believe that the Loughs Agency has a responsibility to work closely with farmers here and in the Irish Republic to reduce pollution, and the inevitable fish kills that follow, in the catchment areas.”
“I thank the Member for his question. We are still working through those issues, so I am not in a position to table any report, but when we have the findings, we will speak to the Committee in the first instance and go from there.”
“I am reassured that the Foreign and Commonwealth Office has been engaging with the Department of Foreign Affairs, and that steady progress is being made in an attempt to find a compromise on the jurisdictional issue. Like the Member, I am frustrated at the lack of progress and the impact that it is having on the licensing of aquaculture activities on the River Foyle. I reiterated my frustration at the meeting, and I welcome the fact, as did Minister Naughten, that steady progress is being made, but we are looking for a speedy resolution.”
“I thank the Member for his question. As he indicated, this is a historical issue, and, because it is a jurisdictional issue and is primarily regarding Lough Foyle, it is a reserved matter.”
“I thank the Member for his question. Obviously, we were on the Culture, Arts and Leisure Committee at that particular time. If there are any issues, I am keen that they are resolved. However, I understand that the Loughs Agency is stretched as it is with the remit it has. If there are opportunities to share work and experience, we will certainly encourage that.”
“As I indicated, the agency has been successful to date in gaining in excess of €15 million working with partner organisations. The most significant of these are €4 million for marine tourism and angling development and €8 million for the integrated resource management programme across the Republic of Ireland, Northern Ireland and Scotland. As I said in my statement, the agency plans to avail itself of future funding initiatives, including the European social fund, Heritage Lottery Fund, INTERREG V and the rural development programme. This is all for the benefit of the Foyle and the Carlingford area. The agency is hopeful, given the Chancellor's recent announcements with regard to EU funding that has been successful, that these funding commitments will be honoured.”
“Given my long interest in the Exploris aquarium in my constituency, I believe that the Loughs Agency can learn valuable lessons from how Exploris currently operates and from the lessons it learned from the past. Again, that is a vital resource for those in the area as regards education and learning. Ministers have asked the agency to look at how Exploris operates, including how it charges for the services it provides. I understand that arrangements have now been made with the Loughs Agency to meet Ards and North Down Borough Council to discuss these matters further.”
“I thank the Member for his question. I will reiterate the comments I made in my answer to Mr McGlone's question. Obviously, a number of funding streams have been explored by the Loughs Agency regarding European funding and they have been successful to date. In excess of €15 million has been secured with partner organisations; that is not insignificant. <BR /> <BR />The Member may be aware that I recently visited the Loughs Agency and had the opportunity to look around its visitor centre and aquarium, Riverwatch. I believe that it is an incredible and invaluable educational resource that, to date, has been available for free. The activities on offer encourage learners and visitors to learn, explore and engage but it requires some investment.”
“I thank the Member for his question. He is aware that the service has been offered for an initial three-year period, which commenced in July. Proposals include an option to extend the contract for up to another four years, and discussions on that will continue.”
“I thank the Member for his question. Obviously, we noted that, and the Loughs Agency is looking for alternative means of funding. However, given the comments made by Mr Ford in response to my previous statement, the agency will be looking along the lines of being involved in consortia. As we move through the process, we will look at that and at what additional funding is required.”
“It is unfortunate that we are in this situation, but staff are doing what they can to bring to justice those who are causing issues, particularly in areas that they have jurisdiction over.”
“I thank the Member for his question. The Loughs Agency has seen an increase in poaching and other illegal activity in 2016, which is unfortunate. Seizures by agency staff have risen compared with 2015. In 2015, there were 125 seizures of items such as boats, nets, rods and fish, compared with 197 in 2016, and that is only to date. It is a significant increase. <BR /> <BR />We want to move forward with prosecutions, and, to date in 2016, the Loughs Agency has taken 47 court cases: 30 relating to angling offences, eight to netting offences, seven to pollution offences and two to other types of offence. Three of those cases have successfully gone through the court system. The figure of 47 represents a rise compared with 2015, when a total of 35 prosecution cases was taken.”