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. When you travel to the Continent, get off at the airport and see excellent rail services, you absolutely want that for home. I recognise the strategic importance of our airports and of their having good links to our major towns and cities. However, we have to set that in a context of priorities for investment, particularly given the challenges as we move forward. You also need to understand that, within any recommendations for improvements, the establishment of a rail link to Belfast International Airport would require in the region of 10 million passengers, and the latest figures for 2014 indicate that there were just over four million passengers. I recommend to the Member the very good bus link service from the airport to the city centre.”
“Previous engagement by the Department with Belfast International Airport staff included talks with Mr John Doran, the then managing director, and that resulted in Transport NI commissioning the feasibility study to examine the links between the M1 and M2/M22 with Belfast International Airport.”
“I thank the Member for her question. The study identified a number of potential route corridors, including improvements to the A26 and A57. The next stage will be to refine the options with a view to undertaking a more detailed options appraisal. As with everything, progress will, obviously, be subject to funding. My officials regularly meet officials from Belfast International Airport and the other two airports. Those meetings mostly concern airport noise and control-of-land issues, but transport-related issues come up and are explored. In the coming months, my officials will meet members of the Belfast International Airport consultative forum to discuss a number of transport-related issues, including access to the airport, parking and traffic management matters.”
“A number of potential route corridors were examined, several of which will be taken forward to the next stage for further study. No commitment on funding can be given at this time. The next review of the investment strategy for Northern Ireland may, however, provide an opportunity for my Department to look at the prioritisation of new schemes. At that time, connections to Belfast International Airport can be considered along with other existing and proposed schemes elsewhere in Northern Ireland.”
“I recognise the importance of transport links to our ports and airports. The regional development strategy 2035 identifies Belfast International Airport, along with George Best Belfast City Airport and the airport in Londonderry, as strategically important transport interchanges. The implementation of my Department's strategic road improvement programme has enhanced regional access to Belfast International Airport. Current dual carriageway improvement works to the A26 and recent announcements regarding the A6 flagship project will reinforce that. <BR /> <BR />In 2014, Transport NI commissioned a feasibility study to identify potential options to improve strategic links between the M1 and M2/M22 and Belfast International Airport.”
“That advised of temporary signing and general traffic management arrangements in order to minimise the likely traffic disruption during the event. <BR /> <BR />As part of the Halftown Road safety improvements, there has been work carried out. A 970-metre long and 3-metre wide footway/cycleway has been constructed along the frontage of the MLK site at Halftown Road. There is a piece of work around exploring the potential to extend the Northern Ireland cycle network to the site, and footway/cycleway work has commenced along the frontage of the site.”
“I am aware of proposals for the provision of direct access to the site from the M1 and from Sprucefield. The provision of the infrastructure is really a matter for OFMDFM and the Maze Long Kesh (MLK) Development Corporation to fund and deliver it. As a consultee to the development, Transport NI has met key stakeholders, including the director of the MLK Development Corporation, just to provide advice on the site. My officials will be available to give advice on road design aspects of any proposal that comes forward. I understand that a series of transport management meetings organised by the Royal Ulster Agricultural Society took place again in advance of the 2015 Balmoral Show, which was held at the Maze site in May 2015.”
“I thank the Member for his question. At present, no funding has been identified in our current budget for the provision of the Knockmore link. As I said, it has a developer-led designation. I met the council, along with others, including those from SIB who have an interest, and the proposal that was put to the Department at that time was a partnership model, which would include all three partners. Hence I asked my officials to conduct a survey to see whether or not it could be regarded as a strategic road. I found that to be a productive meeting, and I was encouraged by the proposal that was put to us by Lisburn and Castlereagh City Council. I believe that, moving forward, my Department needs to look at alternative means of funding. That may include partnerships with local councils and others in order to deliver on key roads.”
“On 28 January 2016, I met Dr Donaldson and other members of Lisburn and Castlereagh City Council to discuss the road scheme proposal. I subsequently wrote to Dr Donaldson on 2 February 2016 to confirm that my Department will undertake a preliminary traffic assessment of what the traffic impacts would be on the surrounding road network by the provision of the M1 Knockmore link. It is envisaged that the results should provide objective evidence for further discussion between Transport NI and Lisburn and Castlereagh City Council officers. The results of the traffic assessment should be available by the end of March 2016, after which I will write again to Dr Donaldson about the outcome.”
“However, as delivery of the link road is dependent on future development of west Lisburn by other parties, it is not possible for me to provide an accurate timescale at this time.”
“In the Belfast metropolitan transport plan 2015, the Knockmore to Sprucefield link road, known as the M1/Knockmore Link, has been identified as a developer-led proposal. This means that it is the responsibility of the developers of adjacent land to deliver the road scheme as part of their development. As a consultee to Planning Service, my Department has in the past engaged in pre-application discussions with a potential developer.”
“I appreciate the Member's comments. I will meet Mr Allister at that junction on Monday morning in advance of the meeting with the other MLAs. At the meeting, it will actually be useful for all of us to sit around the table with the engineers, look at the proposals and talk about the available options for each junction. As I said, each junction is different and very site-specific, and there will be recommendations for each of them. The opportunity to have those conversations will be on Monday. Out of that, we can pursue any further suggestions or changes that others may feel are appropriate.”
“I thank the Member for his question. The safety review considered all junctions along the route, with particular attention being paid to locations where at least four collisions had occurred in the last three years. Records show that there has been one collision at the Valley Road junction in the last three years. That collision occurred on 16 November 2014. That junction currently has junction warning signs, map-type advance direction signs and advance warning signs of the school on both approaches to the junction on the A26. The junction will benefit from the recommendation in the report that a route treatment be completed to refresh and replace the signs and lines to ensure consistency of information to drivers.”
“I thank the Member for his question. Obviously, I acknowledge the comments that he has made. With regard to each of those areas, they are very site-specific in relation to the recommendations that will be put to members. That will include the provision and review of street lighting and legislative changes to ban right-turning movements on at least two of those roads. Enhanced signage and road markings will also be included in that. Obviously, that will become clearer when we have the conversation.”
“I intend to have meetings with local representatives at which I can detail the proposed measures. Transport NI officials intend to make a joint presentation with the PSNI to Mid and East Antrim Borough Council to inform members of the council of the findings of the report and to seek their support for the proposed collision remedial actions.”
“I can report that the safety review of the A26 Lisnevenagh Road is now complete. It concludes that, whilst there is not an unusually high incidence of collisions along that route, given the volume of traffic using the road, the number of fatal collisions is a cause for concern. Transport NI has identified three sites that warranted further investigation and where collision remedial measures can be introduced to influence driver behaviour and reduce the risk of collisions. The sites that have been singled out for further investigation are the Barnish Road/Creevery Road junction; Woodgreen Road and Maine Road junction; and Cromkill Road junction. <BR /> <BR />Police investigations of the fatal collisions are ongoing. However, I am aware that there is great interest in the matter from a number of local MLAs.”
“Obviously, that is all very provisional, but I am hopeful that that will be a positive outcome for that area and will ease the congestion described by the Member.”
“I thank the Member for his kind comments. I am fully committed to Belfast rapid transit and have been. It is important that we look at expanding it not only to the south of the city but to the north. Work will commence on an assessment of that, and the route should be identified. Obviously, it is looking at an area where there is a lot of traffic, so that it can ease that congestion, and where there will be people who will use it. A natural route would be from Cairnshill down the Ormeau Road. I would be very much in favour of that as a proposition. There is an outline timetable for that, but it is, obviously, provisional at this stage. They are looking to prepare an options assessment in 2017-18, to prepare the business case in 2018-19, to have a detailed design and implementation in 2019-2020 and for it to be operational in 2022.”
“I thank the Member for his question. He rightly says that planning permission was granted in February for the footbridge. The bridge orders have also been made for that facility. Obviously, we are in a situation where budgets are being developed. The project has a potential cost of between £8 million and £9 million, so it is very much subject to funding being made available. While I recognise that it would be of benefit to cyclists and walkers and would perhaps aid in the reduction of congestion as we move forward, the residents also have to be taken into consideration. Further conversations will have to be had with them, and, obviously, any future Minister would need to do so before making a final decision on the facility.”
“There are things that can be used to encourage people out of their cars and on to public transport, but it is also about making the environment much safer for them to do so.”
“There are seven schools with very high enrolment in that particular area, which adds to the congestion, so it is also about encouraging schools to use active travel methods.”
“I thank the Member for her question, and I take on board what she has said. I have spoken to officials about this, having looked at the responses received, and I have asked them to update the data, with bus lanes included in that and the enforcement associated with it. We are trying to encourage people to use public transport, and I have very good information about Cairnshill Park and Ride, which is used by an average of 500 vehicles a day. There has also been somewhere in the region of a 12% increase in the number of passengers using buses. We also want to encourage the safe use of cycles on that route. The Member representing the area will be cognisant of the fact that there are somewhere in the region of 4,000 pupils enrolled in schools within that small area.”
“There is no journey-time information available for the Ravenhill Road.”
“However, from 10.30 am to 3.30 pm, the average speed from Ravenhill Road roundabout to Annadale Embankment was approximately 16·2 mph, and from Annadale Embankment to the city was 9·9 mph. <BR /> <BR />As a comparison, at peak times, bus journey times have been available through the BusTrak system since 2007. From that time up to 2014, the bus speeds on the Saintfield Road/Ormeau Road corridor have remained constant at between 5·9 mph and 6·8 mph. That includes the time taken to stop and pick up and set down passengers. Data for bicycle journeys on the Ormeau Road corridor are not routinely collected. A small number of timed journeys from Cairnshill Park and Ride to Belfast city centre via the Ormeau Road — that is about 3·8 miles — have indicated a typical off-peak journey time of 20 to 25 minutes.”
“The Ormeau Road is one of the city’s busiest radial routes. Care must be taken in assessing such data, as traffic conditions can vary due to numerous and varied vehicle and pedestrian interactions along the route. The latest journey-time information my Department has for the Ormeau Road is from 2013. The data relates to journey times for cars, vans and HGVs. For a road stretch between the Ravenhill Road roundabout and Annadale Embankment, the average speed was approximately 3·7 mph, and between Annadale Embankment and Cromac Square, in the city, the average speed was approximately 7·3 mph. That information is for the morning peak period of 7.30 am to 9.15 am. An assessment indicates a marginal decrease in journey times on both sections from 2011 information.”
“My understanding is that the basic loss payment is better, in that it protects the landowners for the loss as it arises. So, in this instance, it is more beneficial to landowners. <BR /> <BR />I welcome the comments of those who contributed to today's debates, and I look forward to continued engagement with Members as the Bill progresses through its various stages.”
“With regard to the changes that are possible in England and Wales and what may happen in the future, there are no proposals to change the amounts in the Bill. My officials have consulted the Department for Transport as part of the consultation process, and I understand that England and Wales are re-examining the levels of compensation they pay, but there is no clarity on that and certainly nothing that we could consider introducing within the timescales of the Bill. There is provision within the Bill to adjust the amounts by subordinate legislation, so the option exists to reflect higher payments in the future if that were considered appropriate as we move forward. <BR /> <BR />Mr Allister mentioned farm loss payments being claimed, but there has been no occasion in the recent past of the farm loss payment being claimed.”
“I thank all the Members who have commented on the Bill during the Second Stage debate. A number of Members have obviously asked why this has not happened sooner. I cannot speak for previous Ministers, nor can I speak for other Departments in this instance. Having met land agents and landowners, I know that losing land can have a devastating impact, and it can have a huge impact on families and future generations. It is incredibly upsetting for many, and I want to acknowledge that in the House today. I hope that the Bill, as set out, demonstrates, in some way, my commitment to landowners who will be affected by future land schemes, in particular the A5 and the A6, which are strategic roads and are major infrastructure projects for my Department and the Executive, moving forward.”
“My officials also consulted officials in all other Departments. <BR /> <BR />The issue of increased capital costs to Departments as a result of the proposed changes arose during consultations with other Departments. I acknowledge that Departments that compulsorily purchase land will be affected by the changes proposed in the Bill, and any additional costs will have to be paid out of Departments' budgets. Indeed, my Department, which makes great use of the compulsory purchase vesting procedures, will be one of the most affected by the change. However, I believe that we cannot allow a situation to continue where people here are treated less favourably than other citizens in the United Kingdom. In the interests of equity, I believe that that anomaly must be addressed. I commend the Bill to the Assembly.”
“<BR /> <BR />The basic loss payment and the occupier’s loss payment are not necessarily payable to the same claimant. The owner who receives the basic loss payment, which is calculated at 7·5% of the market value of the claimant’s interest being acquired, may not be the occupier entitled to the occupier’s loss payment element, which is calculated at 2·5% of the claimant’s interest being acquired. Where the owner is also the occupier, they are entitled to both and therefore receive 10%. In both instances, any entitlement to the additional payments is offset by any payment in respect of home loss payment. <BR /> <BR />Last year, my Department publicly consulted on the policy underlying the Bill and received two substantive responses, from the Ulster Farmers’ Union and from UKIP, both of which were supportive of its aims.”
“However, there are few instances of farm loss payments having been claimed in Northern Ireland. <BR /> <BR />Farm loss payments were abolished in England and Wales by the 2004 Act, which I have referred to. In keeping with the changes in England and Wales, the Bill therefore proposes the abolition of farm loss payments here and the introduction of two new additional payments: the basic loss payment and the occupier’s loss payment. <BR /> <BR />The new additional payments are calculated using the market value of a claimant’s interest. They will apply to all domestic and non-domestic property, including farms, and will not require the whole property to be acquired before they are payable. They are both subject to ceilings and qualifying criteria.”
“<BR /> <BR />Home loss payment is a sum that may be paid to a qualifying person in addition to the market value to reflect and recognise the distress and discomfort of a person being compelled to move out of their home. Home loss payment is already payable here under our current legislation and will be retained. The Bill will not have any effect on it. <BR /> <BR />Here, under our current legislation — the Land Acquisition and Compensation (Northern Ireland) Order 1973 — farm loss payments are still payable under certain conditions. Owner-occupiers of land that is comprised or included in an agricultural unit and who are displaced from the whole of the land as a result of compulsory acquisition are, subject to other qualifying conditions, entitled to unlimited farm loss payments. The amount of compensation is based on average net profits.”
“The Bill has seven clauses, but it has a single purpose: to ensure that citizens in Northern Ireland whose land has been compulsorily purchased are treated equally to their counterparts in England and Wales who enjoy enhanced compensation payments. The Bill does not propose to change any other aspect of the existing law relating to compulsory purchase, save as to the introduction of the mechanisms for enhanced compensation payments here and the repeal of the farm loss payment. <BR /> <BR />To bring us into line with the more favourable position in England and Wales, the Bill intends to reflect the legislative changes introduced by the Planning and Compulsory Purchase Act 2004, with the abolition of farm loss payments and the introduction of two new payments: a basic loss payment and an occupier’s loss payment.”
“<BR /> <BR />As I indicated, the law relating to compulsory acquisition is complex, but the Land Acquisition and Compensation (Amendment) Bill is straightforward.”
“Generally, compensation payable for land and property that is compulsorily acquired is valued on the basis of its open market value. <BR /> <BR />The Land Acquisition and Compensation (Northern Ireland) Order 1973 as amended by the Home Loss Payments (Northern Ireland) Order 1992 contains provisions for the benefit of persons displaced from land. Under those provisions and subject to qualifying conditions and a minima and maxima range, the current legislation provides for a qualifying person whose land has been acquired to have entitlement to home loss payments, farm loss payments and disturbance payments. Other payments for certain Housing Executive tenants and rehousing also exist. The legislation applies to all land, urban and rural.”
“In Northern Ireland, many Departments and bodies with statutory powers possess compulsory purchase powers to enable them to acquire land and property for specific purposes set out in legislation. The right to compensation may arise. Land and Property Services (LPS) in the Department of Finance and Personnel acts on behalf of all Northern Ireland Departments, negotiating and approving compensation payments following vesting arising from compulsory acquisition. The law on compulsory purchase is complex, but it may be helpful if I refer briefly to the existing position in Northern Ireland. <BR /> <BR />The rules for determining the amount of compensation are set out in article 6 of the Land Compensation (Northern Ireland) Order 1982.”
“I felt that, given where we were with the Fresh Start Agreement, there was a need to move this forward and to move it forward quickly. Accelerated passage is certainly not my preference; I much prefer the Committee Stage, having sat on Committees for many years and seen the value of the contributions that Committees can make to legislation. Given where we are with this legislation and the need for it in advance of vesting, particularly for the A5 and A6, I felt it necessary to table this today. <BR /> <BR />I thank those who have contributed, and I ask for the Assembly's support for the position that this be adopted.”
“I thank Members for their contributions. I thank the Chairman and members of the Committee for the time that they have afforded me. <BR /> <BR />I wanted to pick up on one point. Obviously, Mr Dallat raised the issue of someone sleeping at the wheel, and I will highlight to him one aspect of that relating to where the power actually sits. My Department does not have responsibility for the Land Acquisition and Compensation (Northern Ireland) Order 1973, which is the Order that will be amended by the Bill. In fact, DOE has responsibility for the 1973 Order. <BR /> <BR />That said, Executive agreement was sought by the previous Minister, and this has obviously been given to my Department to take forward. It is a complex area of law, and some time has been taken to go out for detailed and ongoing consultation around all the Departments.”
“<BR /> <BR />In accordance with Standing Order 42(3), I appeared before the Committee for Regional Development on 16 February to explain the need for accelerated passage for the Bill and to outline the consequences of it not being granted. I thank the Chairman and members of the Committee for their recognition of the need to expedite the Bill and for their unanimous cross-community support in seeking Assembly approval for accelerated passage. <BR /> <BR />Members will have the opportunity to raise issues on the detail of the Bill during the Second Stage debate. In the interim, I seek the support of the House for use of the accelerated passage procedure, and I look forward to hearing Members' comments.”
“<BR /> <BR />Faced with that prospect, it is my view that, in order to ensure equality for all our citizens, this amending legislation must be introduced as soon as possible and in advance of the vesting process. I believe that it would be a poor reflection on all of us if we did not move quickly to address a situation that will likely arise in the very near future where citizens here are subject to a vesting process and continue to be treated less favourably than their counterparts in England and Wales. <BR /> <BR />With regard to minimising the use of the accelerated passage procedure in the future, I have mentioned my full commitment to clause-by-clause scrutiny at the Committee Stage. I will take any steps that are necessary to ensure that the accelerated passage procedure is not unnecessarily sought in future.”
“<BR /> <BR />As part of the Fresh Start Agreement, it has been agreed by the Executive that funding will be made available to my Department for two major road infrastructure projects; the A5 and A6. It is possible that the vesting of land in respect of those projects could start as early as this summer, which makes the advancement of this legislation a priority. <BR /> <BR />That leads me to the consequences of accelerated passage not being granted. If accelerated passage is not granted, my proposed legislation will not be in place before land is vested for those major infrastructure projects and citizens here will continue to be compensated on the same less favourable basis. That cannot be right.”
“My Department has been working on preparing an amendment to the Land Acquisition and Compensation (Northern Ireland) Order 1973 for some time. Last year, my Department publicly consulted on the policy that underlies this Bill, which seeks to bring legislation in Northern Ireland in respect of compensation for compulsory purchase into line with legislation that exists in England and Wales. The terms under which compensation is payable in England and Wales are more favourable than they are in Northern Ireland. It is unfair that citizens here are treated less favourably than their counterparts in England and Wales, and I want to rectify that situation.”
“I welcome the opportunity to address the Assembly on this motion. The use of accelerated passage is not something to be sought routinely, and nor do I take it lightly. When taking forward draft legislation, my preference is to have a full Committee procedure to enable clause-by-clause scrutiny and the resolution of any issue there and then to the satisfaction of the Committee. However, in the case of this proposed legislation, I take the view that there are compelling grounds for departure from normal procedure and to use accelerated passage. <BR /> <BR />I will now explain to the Assembly, as required under Standing Order 42(4), why I am seeking accelerated passage, the consequences of it not being granted and how I will minimise future use of the mechanism.”
“I thank the Member for his question. My understanding is that TNI is in ongoing negotiations with the development consortia for the financing and building of the three junctions at the LD1 site. I expect that the discussions between TNI, Lisburn and Castlereagh City Council planning officers and the developer's agent will continue to facilitate the agreed junction approvals to be implemented. I have agreed to visit the site and meet the developers afterwards to discuss the scheme.”
“I thank the Member for his question. In January, I met members of Lisburn and Castlereagh City Council to discuss the proposal, and I can confirm that my Department will undertake a preliminary assessment of the traffic impacts of the Knockmore link, the results of which should be available in March. I expect the results to provide objective evidence for further discussion between Transport NI and Lisburn and Castlereagh City Council officers.”
“I thank the Member for his question. The Millisle sewerage improvement scheme is at construction stage. The project is aimed at improving bathing water, reducing the risk of flooding and enhancing the coastal area. The project involves the construction of a new underground pumping station in the car park/seafront area of Millisle. It also includes the laying of approximately 340 metres of sewage pumping main, and that, with the exception of the final connections, is substantially complete. It is anticipated that the overall programme of work will be completed in the summer of 2016.”
“I thank the Member for his question. In North Down, Northern Ireland Water is investing in the sewer network through carrying out maintenance activities, as well as addressing flooding issues. A number of schemes in North Down are in construction or nearing the construction phase, including some dealing with unsatisfactory intermittent discharges. The Clandeboye stream phase 2a is in construction, at a cost of £1.7 million, and phase 2b is nearing construction, at a cost of £3.6 million. The Rathmore stream is nearing construction at a cost of £200,000, and Belfast lough is nearing construction at a cost of £2 million. In addition — not in the Member's constituency but mine — the £250,000 Kircubbin drainage area plan and combined sewer overflow upgrade is nearing construction.”
“My Department is undertaking a number of projects on sourcing EU funding, and I mentioned the greenways. One that has a cross-border dimension is the Londonderry transport hub. I will speak to officials and get the detail of the information that the Member has requested and send it to her.”
“I thank the Member for her question. As she will be aware, the date was agreed only at the weekend, and, given that it is only Monday, I am not yet at the stage of getting that information, but I plan to do so in the near future.”
“I thank the Member for his question. The case is well made. As somebody who also represents a rural constituency, I am aware of rural roads requirements, and many in the Chamber would reiterate that. While I can give a commitment that I will seek to get as much money as possible into the roads budget, it very much depends on how local divisions allocate their money and the areas that have the highest priorities. It is about making a case for those areas.”