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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“Given the current legislative provision in Northern Ireland, the advice received from Departmental Solicitor's Office is that cases where species such as Japanese knotweed are spreading from one property to another are civil matters between landowners. I am aware of the issues surrounding that. <BR /> <BR />The effect of invasive alien species is internationally recognised as one of the main threats to the ecology of our natural environment; to that end, invasive alien species feature in the Northern Ireland biodiversity strategy. That strategy is a statutory requirement. <BR /> <BR />Some Members referred to the legislative situation in Great Britain and the Republic of Ireland. Each jurisdiction has taken a slightly different approach.”
“If a landowner is disposing of knotweed or any other controlled waste by cuttings or excavation, the Waste and Contaminated Land (Northern Ireland) Order 1997, as amended, is relevant. That legislation places a duty of care on anyone who produces, collects, carries, keeps, treats or disposes of controlled waste to take all the necessary steps to keep it safe and prevent it from causing harm, especially to the environment or human health. <BR /> <BR />At present, there is no statutory mechanism to compel an owner or an occupier of premises or land to control invasive alien species such as Japanese knotweed.”
“I appreciate the concerns of individual citizens, and in the debate we need to balance what can be done in the strategic sense with what we can do to help individuals affected. <BR /> <BR />The legislative situation in Northern Ireland is that, under article 15 of the Wildlife (Northern Ireland) Order 1985, it is an offence to plant or otherwise cause to grow in the wild Japanese knotweed or any other invasive plant listed in Part II of schedule 9 to that Order. Anyone guilty of an offence under article 15 may be liable on summary conviction to up to six months' imprisonment or a fine of up to £5,000 or both. On conviction on indictment, they may be liable to two years imprisonment or a fine or both.”
“Japanese knotweed causes two principal problems: it impacts on our native biodiversity and on buildings and infrastructure. As Members know, my Department works with other agencies, including Transport NI, the Northern Ireland Housing Executive and councils, which are all involved in some way or other in trying to control Japanese knotweed, either on their own properties or in partnership with other organisations. That activity is often associated with rivers, roads, greenways and other infrastructure routes. <BR /> <BR />The call for a regional eradication programme has, no doubt, been triggered by the more recent changes to property sales and the impact of Japanese knotweed growing close to properties.”
“The species is widespread and is especially prevalent on disused and unmanaged lands. In such locations, particularly when the ownership of the land in question is ambiguous or unknown, it is difficult for agencies or citizens to act quickly or at all. That has been highlighted throughout the debate. I recognise that this is frustrating for the individuals concerned.”
“I thank the Members who tabled the motion for doing so. I have listened carefully to the remarks made during the debate and with great interest. As a constituency MLA, I can cite similar cases and concerns. The problems caused by Japanese knotweed growing in the wrong place clearly cause distress to individuals and local communities and impact on our natural systems, including along our rivers. Evidence suggests that it is a growing problem, often triggered by changes in how properties are bought and sold. <BR /> <BR />Japanese knotweed is, as Members said, a bamboo-like hardy perennial that grows quickly and strongly. It was introduced in the 19th century and is invasive, spreading by its underground rhizomes or roots. It is widely established throughout Northern Ireland.”
“I am running out of time, sorry. <BR /> <BR />Due to the nature of the tyres market across these islands, perhaps the best outcome would be to consider the introduction of this sort of scheme across the entire British Isles.”
“In relation to setting up a register for used tyres, my officials are closely monitoring developments in the Republic of Ireland and their proposals for the producer responsibility scheme for used tyres. Officials have also discussed the potential for such an approach with colleagues in England, Wales and Scotland. It would be prudent to await the outcome of developments in the Republic of Ireland and to obtain more certainty about the position of the Scottish Government before considering, in detail, the feasibility and desirability of introducing a similar scheme here.”
“It is clear that we need to support commercial opportunities for their reuse and recycling, and I have given examples of where my officials are working with companies to try to achieve this.”
“I accept the point that Mr McMullan makes, but I am trying to put this into context and will not deviate from that. <BR /> <BR />Mr McKee made a comment about coastal management. Obviously, the creation or improvement of a sea defence requires planning permission and/or a marine construction licence. It also needs to be noted that annex II of the OSPAR convention specifically prohibits the disposal of waste in the marine environment. Tyres that have reached the end of their useful life are classified as waste. Therefore, the use of waste tyres to protect against coastal erosion cannot be considered as a licensable activity on the coast. <BR /> <BR />In closing, I thank all Members for their contribution to the debate. I will continue to ensure that we implement fully the waste hierarchy in respect of waste tyres.”
“Whilst a detailed approach is still to be agreed, my Department has spent approximately £300,000 each year over the last three years on resolving fly-tipping incidents throughout Northern Ireland.”
“My Department has found no evidence that tyre residues sent to landfill pose a danger to the environment. All of the leachate in a permitted landfill is collected and treated. Normally, after initial treatment at the landfill, the leachate is tankered away to a waste water treatment works for further treatment. The treated discharges from waste water treatment works are closely monitored to ensure compliance with their authorisation. Similarly, landfill gas is collected and treated using gas engines to produce energy, and the emissions are monitored to ensure that they comply with the limits in the landfill permit. <BR /> <BR />Mr McKee asked for an update on the fly-tipping protocol. NIEA has been working closely with councils on a fly-tipping pilot project over the last three years. A report on the pilot is due in the next few months.”
“<BR /> <BR />It is pleasing to note that our work on the control of waste tyres is having an impact. Recent evidence from Belfast City Council indicates that the number of significant bonfires reduced this summer, from over 100 to around 80; there has been an increased uptake of celebrations marked with beacons rather than bonfires; and the number of bonfires containing tyres has reduced. Indeed, on several occasions this year, under council-led initiatives and with community support, NIEA has removed over 1,000 tyres from bonfires, and progress has been made in improving their management and design. My Department will, of course, continue to support the councils in this work. <BR /> <BR />Mr McGlone raised issues in relation to the disposal of tyres to landfill.”
“I want to put today's debate in context. A used-tyre survey, published in 2012, indicated that there are around 1·8 million used tyres in Northern Ireland each year, and only a very small percentage of them end up on bonfires. As Members will be aware, the regulation of bonfires is a complex social and cultural issue. Legally, the ultimate responsibility for a bonfire rests with the landowner, often a public body, although those engaged in associated activities also carry certain responsibilities. While district councils often take the lead responsibility for the overall management of bonfires, a number of bodies have enforcement powers, including the PSNI, the Northern Ireland Fire and Rescue Service, the NIEA and, of course, district councils. My Department will play its part in helping to manage this complex issue.”
“Smoke and chemical damage can persist over a number of days as bonfires are left to smoulder.”
“Lafarge has been seeking funding from its parent company to allow equipment to be bought that will automate the process, but, as yet, that is not forthcoming. We are also looking to support innovation by three other companies seeking to commercialise new ideas for the reuse and recycling of waste tyres. That will help to prevent substantial amounts of waste tyres from being dumped or used illegally. <BR /> <BR />I am fully aware that burning tyres is harmful to the environment and to human health. My Department has found that high levels of particulate pollution are frequently detected at local air pollution monitoring sites during bonfire events. Waste tyres are extremely combustible and produce thick clouds of sulphurous black smoke that contains up to 50 toxic chemicals and gases.”
“We have communicated, for example, with key sectors through the development of guidance documents. These include a regulatory position statement, 'Used Tyres: The Risks and Your Responsibilities', for those dealing and handling part-worn and waste tyres, and specific guidance for farmers on the use of used tyres on farms. <BR /> <BR />A number of Members referred to alternative uses for waste tyres. My Department has been working to encourage and support commercial ideas for the reuse and recycling of waste tyres. One example that my colleague Edwin Poots referred to has been through a partnership agreement with the Lafarge cement company. The NIEA is continuing to explore opportunities to reuse waste tyres as an alternative fuel for the company's cement kilns.”
“If Northern Ireland is the only part of the UK with such a scheme, it will be difficult to obtain accurate information on tyres coming into Northern Ireland from England or Scotland, which is the normal route. I also anticipate that there may be opposition to the introduction of such a scheme from sections of the tyre industry here, and that is likely to be exacerbated if they can argue that Northern Ireland is the only part of the United Kingdom with such a scheme. The key to all this will be in ensuring that appropriate and effective enforcement action is taken against operators seeking to bypass the regime or to operate the scheme fraudulently. <BR /> <BR />It is essential that we continue to assist in providing advice and guidance to the key sectors involved in the management of used and waste tyres.”
“I understand that, although the Irish Government are keen to press ahead with the introduction of such a scheme in the Republic of Ireland, the necessary legislation has been delayed on a number of occasions, in part due to substantial opposition from the Irish used tyre industry. Minister Kelly announced the introduction of the scheme in 2015. Originally, the legislation was scheduled for the summer of 2015. It is now scheduled for January 2017, but, at this stage, there is no guarantee that the proposals will proceed. <BR /> <BR />My preference would be to consider proposals for the introduction of a producer responsibility scheme in a UK-wide context. Critical to the success of any scheme will be the identification of producers, which will mainly be importers of new tyres into Northern Ireland.”
“<BR /> <BR />All operators in the management of used tyres required to register with the scheme would be required to pay a registration fee. Customers buying new tyres would be required to pay the retailer a levy — a visible fee — set by Government. The retailer would be required to pass that fee to the scheme for every tyre sold. The scheme would establish contracts with waste tyre collectors and pay the fee to the registered collectors when they delivered the tyres to an approved reprocessor. <BR /> <BR />The introduction of a scheme would have significant legislative and resource implications.”
“The Department of Communications, Climate Action and Environment is in the lead, and my officials attend the working group meetings, which take place about every three months. <BR /> <BR />If such a scheme were to be implemented in Northern Ireland, it may follow that approach. All producers of tyres would be required to register and provide evidence of the number of tyres placed on the market. Used tyres would be left at designated collection facilities, typically retailers and garages, but they may also include council civic amenity sites. The used tyres would be collected by registered waste carriers under contract to the scheme and would deliver them to approved reprocessors. The flow of used tyres to reprocessing would be monitored by the scheme, which would report regularly to the NIEA.”
“As an example of that, NIEA has carried out over 90 inspections of tyre retailers, with 21 enforcement notices issued for waste offences this year. I want to be clear about this: where the evidence exists, NIEA will take enforcement action against any illegal storage or handling of waste tyres. I am fully aware that a typical car tyre costs around £2·00 to dispose of legally and that, therefore, there is a huge saving to be made in illegally dumping them. <BR /> <BR />The Republic of Ireland has been engaged in developing proposals for a full producer responsibility scheme for used tyres in the Republic of Ireland for a number of years and has set up a tyres working group involving all major stakeholders to take proposals forward.”
“To help to deliver that aim, my Department's current tyre action plan includes legislative considerations, as well as regulatory and communication measures. In addition, alternative uses for waste tyres are being examined. <BR /> <BR />Current regulation for waste tyres is delivered through the implementation of duty of care legislation. Its requirements provide a basis for ensuring that movements of controlled wastes, which, in this case, are tyres, are properly identified, transported and otherwise handled in ways that are consistent with environmentally sound practices for the management of these wastes. To meet the needs of duty of care for waste tyres, NIEA audits the disposal of waste tyres at tyre-retailing facilities to ensure they are properly handled and disposed of by a licensed waste operator.”
“First, I thank Mr McMullan and his colleagues for tabling this private Members' motion on the very important subject of the regulation of waste tyres and the environmental and harmful effects of their disposal to landfill and public burning. I will also address the need to ensure that this is an issue not only for Northern Ireland and the Republic of Ireland but the wider United Kingdom. <BR /> <BR />I want to be clear from the outset that my approach for the management of all waste streams, including waste tyres, is to apply the waste hierarchy. Where possible, through our waste strategy and the regulations, we must prevent the production of waste in the first place. We must prepare waste streams for reuse, recycling and recovery, with disposal to landfill last of all.”
“It is my understanding that I have no powers to regulate or ban hunting of foxes and other wild animals with dogs, but I am happy to have a conversation with the Member about it.”
“I thank the Member for his question. Hunting is a matter which I have no power over. On a personal level, yes, I would support a ban.”
“I thank the Member for his question. It was quite lengthy, and there were a number of elements in it, which I will look at. I will give consideration to the comments that he has made. Pollution in rivers is something that I find quite abhorrent. I have had experience of it in my area, where there have been repeat offenders who need to be brought before the courts and prosecuted. I am willing to have a conversation with the Member in relation to special status for the river.”
“I thank the Member for his question. Obviously, all our waterways are important. There is a value there for the community and for tourism, and I see value in that particular waterway. Having previously chaired the Culture, Arts and Leisure Committee, I had a close involvement with those who are involved with the waterways, and I was aware of their anxieties around pollution. The responsibility for the waterways and their environmental protection now lies with my Department.”
“I do not have the detail, but I know that we are working alongside the industry to assist it through this. My intention is to meet the pork industry and the processors in the very near future to discuss the issues that the Member raises.”
“My officials have been working closely with the pork sector. Remedial actions were required, and we now await an updated progress report from the Chinese.”
“That is very dependent on the outworkings of the negotiated exit. Officials in my Department are scoping in and around the issue of environmental protections. I want to give an assurance that it is certainly my aim to enhance our environment moving forward and to ensure that it is protected. <BR /> <BR />The Member also mentioned climate change. Legislation is in place in the form of the UK Climate Change Act 2008, which sets out the targets that we are working to meet. I will keep the need for local legislation in mind, along with other measures that will help to reduce greenhouse gases. Our continued progress on making reductions without, at this stage, a local climate change Act shows our commitment to tackling greenhouse gases.”
“It is still too early to have a clear picture of the implications of the Brexit vote for that. Existing legislation will remain and will continue to apply until there are conversations about Brexit. How that takes place will very much depend on the form of Brexit. If we remain part of the economic area, as in the Norway model, most of the environmental protections and legislation that we have in place will remain. It will be very dependent on the type of Brexit.”
“I recently visited the Armagh show and, no doubt, in the coming months, will have the opportunity to visit again and have conversations with the apple-growers. I assure the Chamber today that I plan to assist all sectors of our farming and agrifood community. I will continue to do that through the challenging process that we are about to embark on. There is assistance in place through the farm business improvement scheme, and, hopefully, the capital element of that will be launched shortly. There are also opportunities through the Agri-Food Strategy Board and other programmes that it has been working through. There will continue to be assistance for those whom you represent.”
“I met industry representatives on two occasions yesterday. I met them at the Livestock and Meat Commission (LMC) event, where they were launching their new advertising campaign for quality farm assurance. Later, they met me in Parliament Buildings, and we had a useful exchange. I hope that that will be the start of many conversations that we have, as we move forward through this process.”
“I have not had any formal meetings with the Minister in the South, but I intend to do so on Monday on the periphery of the meeting of the North/South Ministerial Council (NSMC). I am conscious of the concerns about the movement of animals and dairy products between Northern Ireland and the Republic of Ireland. I will seek to have that meeting and report back.”
“The Members has some concerns, and he will be aware that, at this stage, we are unclear on the negotiations for Brexit and how long they will take. In the meantime, I am quite clear that business will continue as usual in pushing forward with this scheme and others.”
“The European Maritime and Fisheries Fund will give Northern Ireland the opportunity to invest in all sectors of the fishing industry over the next number of years. We have secured £23·51 million, with £13·7 million available to support applications from fishermen, processors, aquaculture and community-led local development interests. Since coming into office, I have had a number of meetings with my officials about opening the applications for Northern Ireland, and I am fully aware of the need to open the programme as quickly as possible. I represent a constituency with a fishing village, and it is something that Portavogie will look forward to, along with Ardglass and Kilkeel. I have instructed my officials to prioritise the finalisation of the business case and the submission to the Department of Finance for approval.”
“I have asked my officials to work through the current processes as quickly as possible. I hope to be in a position in the near future to be able to give a further outline of the timescales for that.”
“I thank the Member for his question. Obviously, the outworkings of the result last Friday are still being worked through. It was very clear, during the campaign and the Assembly campaign, that the majority of farmers were keen to leave the EU, primarily because of issues around red tape and bureaucracy. I notice that the Member is shaking his head, but that is certainly the evidence that we received on the doors and in the number of visits that I have made in my time in office. <BR /> <BR />Single farm payments will continue to be paid while there is negotiation to exit the EU. I and Executive colleagues will work very closely with DEFRA in the coming weeks and months to ensure that Northern Ireland gets the best deal.”
“I thank the Member for her question. It is my priority to get payments out in a timely fashion and to minimise issues with regards to payments so that they are expedited as quickly as possible. My Department works to ensure that all payments are made promptly, and it will continue to do so in the future. Obviously, there has been an increase in online applications this year. We are trying to make the processes as easy as possible.”
“I thank the Member for his question. Applicants for the basic payment scheme must be able to demonstrate that they enjoy the decision-making powers, benefits and financial risks in relation to the agricultural activity on the land for which their entitlements are requested. In 2015, a total of 1,638 applications were assessed and found not to meet that requirement. Eight hundred and fifty five applications for a review of decision regarding active farmer have been received, 28 of which have been completed, with 827 outstanding. It is not possible at this stage to give a date when they will all be assessed. However, I have asked my Department to take action to ensure that applicants have certainty over the eligibility to claim from the basic payment scheme.”
“Mr Speaker, with your consent, I will answer questions 5 and 10 together. <BR /> <BR />So far, 23,753 farm businesses have been paid their 2015 direct payments. That is worth £234·5 million and represents 99·4% of applicants identified as eligible for the scheme. That leaves 88 eligible farm businesses that have yet to receive their direct payments for the 2015 scheme year. There are a number of reasons why eligible applicants may not have been paid for 2015. Those include missing bank details, outstanding probate issues and disputes between business members. Those reasons are largely outside my Department's ability to resolve and will usually depend on customers providing the necessary information. Payment can be made in these cases only when the necessary information is provided.”
“Certain items will be ineligible for support as stipulated by the RDP regulation. That includes like-for-like replacement or maintenance; consumables such as feed, fuel or sprays; investments relating to non-agricultural animals; and items to meet existing statutory requirements, such as minimum slurry storage. I reiterate that I am disappointed that the scheme did not open earlier, but I look to it being opened in the near future.”
“I refer the Member to a response that I gave to another Member for a previous question. I am disappointed that we have not been in a position to move this on more quickly. Again, I inherited this legacy, so my officials will be looking to bring something forward very quickly. The full details of the capital investment element are subject to the outcome of a business case approval process. Once that process has been completed, it is planned to start a preparation stage for the scheme to provide information to potential applicants in advance of the scheme opening to allow farmers time to prepare. <BR /> <BR />Subject to the business case approval, the farm business improvement scheme capital investment scheme will be managed as two tiers, and we are working through that.”
“I thank the Member for his question. Obviously, these are very early days in any negotiated exit so, at this stage, my Department is moving on with the programme.”
“I understand that your question relates to the LEADER element of the rural development programme. I can advise that my Department does not directly fund farmers under the LEADER initiative. However, farmers, as owners of a diversified business, or their rural business can apply to their local action group for LEADER grants. All successful applicants can avail themselves of staged payments by, first, agreeing this approach with their local action group when their letter of offer is being drafted and, secondly, by submitting payment claims at various stages through their project to be reimbursed for the grant element of money they invested.”
“I thank the Member for his question. I think that it was a question, although it was maybe more of a criticism. Obviously, a number of targets were set on that. In my response to the first question, which I gave to Mr Kearney, I said that a number of key actions were to be implemented. Good progress has been made, despite the Member's view, on opening new export markets, the launch of the farm business improvement scheme and the development of the land management strategy, which is working along. We are developing a commercially focused marketing body, which we should be looking at reasonably quickly, and there is the opening of the Agri-Food Quest competence centre. A number of things can be seen as successful. Obviously, this work is continuing, and we will be looking to work very closely with the sector to progress it.”
“I thank the Member for his question. Yesterday, I met members of the industry to discuss the outworkings of the result last Friday; it was a very useful meeting, and it is something that I intend to continue to do. That was alongside, as I mentioned, the Department for the Economy, with Simon Hamilton also in attendance. Represented there were the Northern Ireland Food and Drink Association, the Agri-Food Strategy Board, Dairy UK, the Ulster Farmers' Union, the Northern Ireland Meat Exporters Association, and the Northern Ireland Grain Trade Association.”
“I thank the Member for her question. That is very important, and it has been reflected throughout the answers to my questions. I see this Department as being very much an economic driver and working alongside the Department for the Economy. I have had a number of conversations with my colleague and the industry in relation to that.”
“So, as I said, I will be working with the Agri-Food Strategy Board on that and on other matters with the Economy Minister.”