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 thank the Member for his question. I absolutely would be up for a meeting with the Minister of Justice about the issue.”
“I thank the Member for his question. As an animal lover and someone who was brought up with animals, I am very conscious of and sensitive to animal welfare. Where there are opportunities to strengthen or review legislation, I am open to having those conversations.”
“The wider level will deliver benefits across the wider countryside, and the group level is to support cooperative action by farmers in specific areas such as a river catchment. The EFS will offer participants a five-year agreement to deliver a range of environmental measures primarily relating to biodiversity and water quality. A programme of awareness-raising sessions will take place prior to the scheme opening to provide farmers with full details of the EFS. <BR /> <BR />Last month, the Treasury announced that it would underwrite EU funding, provided that it is committed before the Chancellor’s autumn statement. Whilst funding for the EFS is not covered by that recent Treasury announcement, we are very focused on securing funding and implementing the scheme.”
“A number of schemes, including the environmental farming scheme (EFS), are being developed in parallel by my Department. The aim is to implement them in line with business priorities as soon as possible. I plan to open the EFS in February 2017. However, two key steps that are needed to achieve that are business case approval and clarity on funding post-Brexit. A well-funded and targeted EFS has to be an important part of our domestic agricultural agenda. Therefore, I will work hard to secure that outcome. <BR /> <BR />The EFS will be targeted to deliver maximum environmental benefit and has been designed to be straightforward for farmers, taking account of experience with previous schemes. The EFS has three levels. The higher level is primarily for environmentally designated sites.”
“I thank the Member for her question. Obviously, the Executive take all this very seriously. As you would expect, I have met the Economy Minister on a number of occasions. I share a constituency office with him, so it is not terribly difficult to have those conversations. We had an initial meeting with the agrifood sector a couple of days following the referendum result, and that has now been formalised with our consultative group, which met last week. Around that table there are representatives of all sectors in agrifood, fisheries and the environment. I also had the opportunity to meet the Finance Minister, and there are obviously concerns around finance moving forward. All those conversations will continue, and I will maximise whatever influence I have, where I can do so.”
“As I said earlier, I have had a busy summer and I met, individually, with representatives from the Danske Bank, Ulster Bank, Bank of Ireland, First Trust, Barclays and HSBC. I am assured by the work they are doing to support the industry, but I will keep in regular contact with them. <BR /> <BR />I also had the opportunity to meet feed merchants to get a better understanding of the issues for them. The priority has to be assisting with cash flow for farmers, and I have tried to put in as many measures as I can in the short time that I have been in office. I am conscious of the challenges and have pledged to have an open-door policy regarding all these things, and I will continue to have conversations as we move forward.”
“As I said in a previous answer, there have been increases in beef, sheep, pig and dairy prices over the last three months, and that is positive and to be welcomed. We will continue to make the most of the measures to build the resilience, efficiency and competitiveness of the industry through the new rural development programme.”
“I thank the Member for his question, and I agree with him on his latter comment. I am aware of the challenging market conditions that farmers face and have faced over the last 18 to 24 months, particularly with the severe and prolonged fall in milk prices. While the factors contributing to the low prices are essentially outside DAERA's control, my Department will continue to do what it can to assist farmers at this time and help them cope with future market volatility. I am pleased that we are beginning to see signs of improvement in prices. Farmers in a number of sectors appear to be benefiting from recent changes in the sterling/euro exchange rates and the recent results from the Fonterra auction are also encouraging.”
“I am delighted that the preparation stage for the capital scheme began today, and the scheme will open for applications in October.”
“<BR /> <BR />Our dairy farmers can now apply for compensation to voluntarily reduce their milk supply under the €150 million EU aid scheme, should that suit their particular business needs. I have successfully made the case for a significant share of the €30 million UK envelope of EU exceptional adjustment aid, and indications are that Northern Ireland will receive €4·8 million. I am considering the options for how best to use that funding and will announce details of that at the earliest opportunity. <BR /> <BR />Looking to the future, my Department will continue to help strengthen the sector through a range of support, including the rural development programme. In particular, the farm business improvement scheme will help ensure that farmers are better equipped to meet challenges and take advantage of future market opportunities.”
“I am committed to supporting Northern Ireland farmers and to helping build a strong, sustainable and resilient local agrifood industry. I recently announced that, this year, Northern Ireland will be the first region in the United Kingdom to make advance payments from mid-October. I have had one-to-one engagement with banks, and I have met feed merchants to encourage them to be flexible and supportive in dealing with farmers. I have pressed both DEFRA and the European Commission for meaningful support for our farmers, including at the EU Agriculture and Fisheries Council (AGRIFISH) on 18 July. Members will be aware of the €500 million farm support package that was announced at that meeting.”
“I thank the Member for his question. Obviously, we had a debate earlier today on Japanese knotweed, and giant hogweed invaded that discussion as well. I am happy to look at all of the issues. I gave a commitment in the Chamber earlier that we would look again at invasive species, and, as I said to the Member after that debate, I am content to meet him to discuss what he sees to be the issues and the possible remedy.”
“The Department coordinates the functions of the group, and I am certainly content to speak to the Member if he feels that we can do anything further with regard to this.”
“I thank the Member for his question. Obviously, flattery will get you everywhere: I wish I had been born after 1985. <BR /> <BR />I am happy to come back to the Member on the issues that he has raised. My Department has undertaken work on several coastal sites, including Strangford lough and others in County Down. There is a spartina control group, which comprises members from the Department, NGOs, stakeholders and landowners. It was set up in 2010 to implement a spartina management strategy. The aim of the strategy is to manage spartina by preventing its spread and, where feasible, significantly reducing the areas of common cordgrass. Various programmes are being carried out by that group, with spraying on the areas targeted. There is a planning meeting every April to discuss this.”
“The Department does not, however, have any statutory powers to compel an owner or occupier of premises or land to control invasive alien species introduced prior to the 1985 order, nor does it have the power to take control measures without the consent of an owner or occupier, but, in the context of our national responsibility to manage our specially protected sites, the Department has worked with a range of stakeholders and landowners in coastal areas to control spartina.”
“Common cordgrass — Spartina anglica — is a highly invasive species that causes extensive ecological damage to intertidal habitats, outcompeting and replacing native eelgrass, on which the light-bellied brent goose, a high-priority species for conservation action here, depends. <BR /> <BR />The Wildlife (Northern Ireland) Order 1985, as amended by the Wildlife and Natural Environment Act (Northern Ireland) 2011, contains powers for controlling the introduction of invasive alien species in the wider environment. It is an offence to cause to grow in the wild any non-native plant listed under schedule 9 to the order, and spartina is listed in Part II of schedule 9.”
“I thank the Member for his question. Who am I to disagree with him?”
“I thank the Member for her question. We continue to move forward with our plans for the rural development programme. Those include opening the capital element of the farm business improvement scheme, which I already outlined; operation of the business discussion groups; farm family key skills; and the roll-out of the LEADER programme. The multimillion-pound environmental farming scheme is an important part of our agriculture agenda. I am working hard to ensure that it is opened up for applications in February.”
“I thank the Member for his question. I agree that there are great opportunities. When you speak to the fishermen, they are clear about what those are, but they are also mindful of the complexities around fishing and how fishing waters are going to be mapped out in negotiations. I had conversations with Minister Eustice in advance of the AGRIFISH Council meeting in July, and I hope to continue those. There are ongoing conversations between my Department and DEFRA. I have given my commitment to those in the producers' organisations to meet them regularly in order to get a real sense of where they feel we need to go as we move forward with the process of exiting the European Union.”
“I thank the Member for her question. She will be aware that we did not know what the situation would be post-2020 in the European Union, and that in itself was causing anxiety. There was a considerable vote by farmers, fishermen and others to leave the European Union, despite what you perhaps perceive to be the comfort of the money that was coming to the industry. There are opportunities to be had. Very difficult discussions also have to be had, and we will be in a much clearer place as we move through those.”
“I thank the Member for her question. Throughout the summer months, I was very busy, even though we were in recess. I went around the rural shows, and I met and spoke to farmers. I went to each of the ports and harbours — to Ardglass, Kilkeel and Portavogie — and met processors and producers. I feel that I had quite productive conversations throughout and used my time productively. I have a sense of where they are. Some are very positive about where we are as a result of the vote — of course, many voted to leave the European Union. We are aware that there are challenges ahead, but they also see the opportunities. As you will have heard in previous answers, I have also met stakeholders from the environment sector and other rural community representative groups.”
“I have already held a series of meetings with Ministers from the United Kingdom Government and the devolved Administrations, as well as with rural stakeholders, to consider the potential implications of Brexit. The meetings included discussions on the need to ensure that future trade and policy frameworks take account of the importance of Northern Ireland's agrifood and fishing industries, rural communities and the environment sector. <BR /> <BR />I intend to be closely and directly involved in the domestic agriculture, environmental, fisheries and trade policy agendas as they unfold in order to maximise the opportunities that will come from leaving the European Union.”
“A full assessment will depend on the new arrangements that will be put in place and on how well we can exploit the opportunities that leaving the European Union will present. Certainly, the early impacts of Brexit have been beneficial. The fall in exchange rates has increased the expected value of the basic payment for this year. Farm-gate prices have also improved, partly as a result of exchange rate movements. Sheep prices, for example, have improved by 28% since this time last year. This is encouraging. We can say that the early impact of the vote to leave has been positive for agriculture. <BR /> <BR />The longer-term impacts remain to be seen. I intend to do all that I can to protect and promote the interests of the Northern Ireland agrifood sector in the forthcoming negotiations.”
“I thank the Member for her question. Obviously, this has been trailed for quite a considerable length of time. Work has been done through the College of Agriculture, Food and Rural Enterprise and the advisers to encourage maximum uptake of the scheme. Of course, the scheme will not work for everyone, but I want to encourage as many people as possible. This will be the first phase of the scheme. At the end of this first phase, we will review how well the scheme has been taken up and perhaps look at further opportunities to encourage others to get involved in the next phase, subject to finance for a further scheme.”
“I thank the Member for his question. There is a considerable amount of interest in the successor to the processing and marketing grant scheme. The proposed scheme will help to promote the economic performance and competitiveness of the agrifood sector through capital investment and the processing, marketing and/or development of agricultural products. I am working very closely with my colleague Minister Hamilton in the Department for the Economy, along with Invest NI, to develop what will be the best scheme to fit the needs of our local processing sector. That will be very much subject to approvals and funding. If all goes to plan, I hope to be able to launch the scheme towards the end of the year.”
“Not on this scheme. We are working through the funding of it. The scheme is opening for applications in October, so there is no issue with that.”
“There have been lengthy discussions with the industry about what the scheme would look like. There have also been discussions with banks in advance of that. The business discussion groups have been meeting and making farmers who are interested ready in advance of this happening. I am not taking away from the fact that there was frustration about the length of time it has taken, but we are now at the stage of it being opened.”
“I thank the Member for his question. I understand and, indeed, share his frustration about that scheme and others that I felt should have been opened much earlier than they were. As I said, I launched the preparation stage today. It provides some basic information about the capital scheme to help farmers to start thinking about what they need to do if they are interested in applying for the grant scheme. It will also allow time for farmers to ensure they have a category 1 farm business identification number before the scheme opens. If you have seen the press release, you will notice I am also encouraging farmers to consider using the Making it Safer health and safety tool that is available. <BR /> <BR />Farmers have been aware that this has been coming.”
“Its purpose is to provide information to farmers to allow potential applicants to start to prepare in advance of the scheme opening formally next month.”
“With your permission, Mr Deputy Speaker, I will answer questions 2 and 5 together. <BR /> <BR />The farm business improvement scheme is a package of measures aimed at improving the competitiveness and sustainability of our farming sector. This package of measures is being rolled out in a phased way. The first phase of the farm business improvement scheme is under way, with the business development groups and farm family key skills training providing advice and support to help farmers to clearly identify their needs and make the right decisions about developing their business. <BR /> <BR />The next phase will be the capital scheme, which will offer tiered grant support linked to the needs in the farmer's business plan. I am pleased to have launched the preparation stage for the capital scheme earlier today.”
“I thank the Member for her question. As I said, I am focused on getting a good deal for Northern Ireland, be that for our rural communities, farmers, fishermen or the environment. As the Member will be aware, I have established, alongside my colleague Minister Hamilton, a consultative committee, and the Northern Ireland Environment Link is a member. I have also met a number of groups individually and will continue to do so as we move through the process. She may also be aware that I met environmental NGOs on 7 September. We had a positive discussion. Obviously, there are opportunities and challenges ahead, and I gave them a commitment that my officials and I would engage with them as we move through this.”
“I thank the Member for his question. None of us yet knows the outcome of the exit negotiations or the necessary standards that will be applied to trade. It is vital that any future trade agreements allow us to retain our current export markets and to develop additional agreements with countries outside the EU, while applying the necessary regulation. There will be opportunities as we move forward, and we need to be mindful of those and take advantage of them as they present themselves.”
“I thank the Member for his question. As I said, I am committed to environmental protection regardless of where we are coming out of the debate. It is a priority for me, whether in the environment, agriculture and fishery sectors or in rural communities. I will look for the best deal for Northern Ireland and apply whatever legislation we feel is appropriate.”
“In addition, Northern Ireland has itself led the way with its own environmental legislation through initiatives such as the carrier bag levy in advance of developments elsewhere in the United Kingdom. The position is further complicated by the fact that environmental requirements are also contained in other legislation, such as that relating to agriculture and fisheries. <BR /> <BR />Whatever the post-Brexit scenario, I remain committed to environmental protection. However, I am also sure that I want to consider whether there are opportunities for Northern Ireland to do this in different ways that are not burdensome on society and the business community, particularly the agrifood sector.”
“It is difficult to give a precise answer on the proportion of environmental legislation that is derived from the European Union, given that it varies significantly in both scale and scope. Therefore, simple numeric figures are not necessarily helpful in this case. <BR /> <BR />Most of our key environmental legislation is EU-derived, in that it comes from far-reaching directives such as the waste framework directive and the water framework directive. However, some of our environmental legislation is UK Government-derived; for example, the Climate Change Act 2008. In addition, Northern Ireland has itself led the way —”
“Such information could lead to much more informed action in the local community and, indeed, inform a regional map, as was suggested. Our response needs to be targeted, focused and joined up. I will encourage my officials to continue their partnership with other Departments and to engage with the Committee and others where appropriate.”
“A broad-scale eradication approach may appear desirable but would be very costly. Complete eradication would be practically difficult, if not impossible, to achieve and could raise expectations of future interventions. I believe that we should focus our attention on the worst cases, and, in looking at the policy options, my officials will certainly investigate that. Any potential change or action will not lead to an immediate solution for those directly impacted by this species right now, and so, in the meantime, I appeal to owners of land, particularly in urban areas, to take control of Japanese knotweed and, indeed, other potentially invasive or nuisance species. I also seek information from citizens and ask them to record their observations.”
“Whilst the departmental invasive species policy has been generally focused on impacts of invasive species on natural habitats and systems, it is suggested in the building industry that Japanese knotweed is a special case where the issue is about people and property rather than just ecology. A range of other plant species can cause damage if growing near property, and some spread directly and grow on property. There is also an expectation in society that land- and property owners act responsibly with respect to neighbours, and given that there is a range of other species that readily spread or, if growing near property, can cause structural damage, there could be calls for further intervention by government agencies to resource the removal of such species. <BR /> <BR />This is an emotive and complex issue.”
“<BR /> <BR />Given that some treatment approaches for removal of Japanese knotweed require three to seven years, it would not be unreasonable to predict that costs of an eradication programme would increase year on year and would require ongoing budgets over a prolonged period. The question of whether there should be a regional eradication programme for Japanese knotweed raises interesting secondary questions about why we should do so for this species and not other plant species that can cause damage and whether that creates expectation and precedent that public resources be used in this way.”
“Costs would be associated not only with the actual removal of the species — for example, herbicide spraying — but with land searches, legal costs, and restoration and reinstatement. Costs for eradication in individual cases will vary depending on the size of the infestation and the length of time the plant has been growing. One published source reported a cost of £2 million to eradicate Japanese knotweed in a 2 hectare development site in 2010. The European Environment Agency quotes a figure of €175 million being spent in the UK on control — not eradication — of the species.”
“<BR /> <BR />I will come to cost considerations in a moment, but, first, we need to acknowledge that an intervention programme could require significant levels of enforcement-type action given the individual rights that citizens have on their private property. There currently is no statutory basis for forcing action on individuals to remove Japanese knotweed, so any strategy would, initially at least, need to operate on a voluntary/partnership-type basis. The likely costs of a regional eradication programme are very difficult to estimate, not least because we have an incomplete picture of actual distribution of the species, as Mr McMullan highlighted. That is especially true in urban areas, where the problem is more acute.”
“I have asked my officials to examine the options that may be available within my policy remit and the consequential financial and resource implications. That would include the potential to introduce powers similar to those available in section 215 of the England and Wales Town and Country Planning Act 1990. <BR /> <BR />The general concept of a regional eradication programme for Japanese knotweed does have merit. However, the practicalities of delivery, given the statutory basis, the likely resource costs and the possible societal expectation that government agencies will intervene with other similar or nuisance species, are something that we need to consider very carefully.”
“The Department of Agriculture, Heritage and the Gaeltacht has indicated that it will continue to address the problem of Japanese knotweed on its own property but has no plans to tackle it in privately owned gardens. <BR /> <BR />The legislative position in Northern Ireland is arguably less robust than that in GB with respect to actual powers to intervene in problematic cases where Japanese knotweed is perceived to be a nuisance to individuals or communities. However, such legislative powers as applied in GB have not led, and are unlikely to lead, to eradication there. While it has been suggested that introduction of similar legislative intervention might be a sufficient deterrent, there is not a substantial list of enforcement case history to examine what could be applied in Northern Ireland and the relative costs and benefits.”
“If you do not mind, I would like to move on quickly. <BR /> <BR />The Department of Arts, Heritage and the Gaeltacht is responsible for enforcing the European Communities (Birds and Natural Habitats) Regulations 2011, which contain provisions to address the problem of invasive species. Regulation 49 of the 2011 regulations, relating to the prohibition on introduction and dispersal of certain species, places restrictions on the introduction of any plant species listed on part 1 of the third schedule. It is an offence for a person to plant, disperse, allow or cause to disperse, spread or cause to grow any listed plant species. Again, Japanese knotweed is listed in this schedule.”
“The orders are intended to be used when it has been impossible to reach a voluntary agreement with the owner or occupier or when action is urgently required. To date, we are not aware of these powers being used to tackle any plant species. <BR /> <BR />With regards to the Republic of Ireland —”
“<BR /> <BR />In Scotland, the Wildlife and Countryside Act 1981 makes it an offence for any person to plant or otherwise cause to grow in the wild any non-native plant listed on schedule 9 of that legislation. Japanese knotweed is listed. The legislation is designed to prevent non-native species spreading into the wild but does not require people to control invasive species on their land. The Wildlife and Natural Environment (Scotland) Act 2011 amended the 1981 Act to include species control provisions to control or eradicate invasive alien species. These provisions make it possible, under certain circumstances, to compel landowners or occupiers to carry out control or eradication operations, or allow them to be carried out by the issuing authority.”
“The 2014 Act does not specifically or explicitly refer to Japanese knotweed or other similar, invasive, non-native species, as these powers are designed to be flexible and could be used to address specific problems caused by widespread invasive or non–native species. However, an information note has been produced on Japanese knotweed to accompany this legislation. Councils have used community protection notices to compel landowners to take action against invasive species. A report in a recent Royal Institute of Chartered Surveyors' 'Building Control Journal' stated that a community protection notice was issued in Peterborough on a whole street and on an individual homeowner in Coventry who initially refused access to their garden to allow treatment of knotweed affecting the adjacent owner.”
“However, the decision on whether to take action in individual cases is a matter for the local authority concerned, which needs to take into account all the local circumstances. In addition, the Anti-social Behaviour, Crime and Policing Act 2014 enables community protection notices to be served by local authorities or the police on individuals who act unreasonably or persistently or continually act in a way that has a detrimental effect on the quality of life of those in the locality.”
“The intent of the provisions is primarily to remove newly arrived invasive species or those of relatively restricted distribution; it is not envisaged that the powers will be used to control invasive species that have become widespread. Any action taken has to be demonstrated to be proportionate and cost-effective, and my Department is not aware of any cases having been taken to date. <BR /> <BR />There is also a discretionary power in England and Wales to require the landowner to clean up land that is adversely affecting the amenity of the neighbourhood. That is under section 215 of the Town and Country Planning Act 1990. Local authorities also have the power to undertake clean-up works and recover costs from the landowner.”
“In England and Wales, the Wildlife and Countryside Act 1981 is the principal legislation that deals with non-native species, and it is illegal to plant or otherwise cause to grow in the wild any plant listed in schedule 9 to that Act. Furthermore, the Infrastructure Act 2015 amended the Wildlife and Countryside Act 1981 to introduce new measures relating to species control legislation that have the potential to tackle invasive alien species. The species control agreements or orders are made by environmental authorities to ensure that landowners take action on invasive species or permit others to enter the land and carry out those operations to prevent their establishment and spread.”