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UK PARLIAMENT · FORMER

Michelle McIlveen

Strangford · Democratic Unionist Party · Northern Ireland

IN THEIR OWN WORDS

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.

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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.

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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.

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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.

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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.

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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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The complete record

Every one of 2,597 lines we hold for Michelle McIlveen, in date order, each linked to its source. Free to read, in full, without an account. Page 46 of 52.

  1. As a result, you will be aware that, in full awareness of that, I called together a number of stakeholders, including the Minister of the Environment. The chief executive of the Rivers Agency attended on behalf of the Agriculture Minister, along with representatives of the National Trust and councils affected by coastal erosion. That proved to be a positive forum and one that can, I feel, be built on. I plan to have another meeting of that forum in February. At this stage, it is difficult to set out a programme of work, given that we are moving into a change of Departments, but it is a good basis for moving forward. There have been critics who feel that it has not gone far enough, but I have been in this role for only a short time, and at least I am taking the initiative and being seen to do something.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  2. I thank the Member for his question. As a representative of a coastal constituency, I am very much aware of the effects of coastal erosion and the need for better coastal management. The problem is not coastal erosion itself but how we approach our response to it. At present, there is a somewhat fragmented approach that sees different Departments and local councils exercise different responsibilities.

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  3. I thank the Member for his question. I do not really want to comment on particular accidents, but I am content to have a meeting on the back of that review and discuss those measures with the Member.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  4. I thank the Member for his question. Transport NI (TNI) is carrying out its annual review of collision sites. It is from Ballee to Dunsilly. It is expected to be completed within the coming weeks, and TNI will take forward any appropriate remedial measures after that review.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  5. I am hopeful that I will have an announcement to make on that before the end of January. The first section is for new buildings north of Strabane, which is where the money has been identified for. Obviously, that is my focus at present and we will move forward on that, but I will give more detail towards the end of the month.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  6. I thank the Member for his question. As he indicated, it was a critical part of the Fresh Start programme, and additional money was secured from the Irish Government as a contribution towards the A5. An outline programme identifying the next steps is being developed. I gave a commitment in the House that I would speak to land agents who will be affected by the A5. I honoured that and had the meeting with them prior to the Christmas break. They raised a number of issues that I am looking at. The anticipated new environmental statement and new draft statutory orders will be published shortly, and further information on that will be available.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  7. I thank the Member for her question. Traffic flow throughout Northern Ireland is incredibly important and, given the statistics that she shared about manufacturing, those links to the ports are doubly important. I am happy to have a discussion with officials about the A29 and get back to the Member.

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  8. I thank the Member for her question. Obviously, there was an announcement made yesterday, which was in the Mid Ulster constituency and which is very much deemed as a priority. We also have the Magherafelt bypass, which is ongoing and progressing particularly well. There will be smaller schemes being worked on, and if the Member has a particular issue that she wants to highlight, I will be happy to hear it.

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  9. I thank the Member for her supplementary question. If she is aware of that happening in particular areas, will she please let my office know, and I can ensure that that does not happen, particularly if it causes a risk to drivers or pedestrians.

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  10. I thank the Member for her question. During 2015, Transport NI aimed to inspect and clean gullies once during the year. I believe that additional inspections and cleanings were carried out if there were known problem areas, and that was done very much on a reactive basis.

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  11. I thank the Member for his question. I know about that, as my constituency borders this facility very closely. DARD's Forest Service owns and manages the trees in the area. Although someone who purchases the area will own the land, the trees will still be in the possession of DARD. So, the same arrangements that are in place with Northern Ireland Water will continue with the new owner, who will be obliged to comply with DARD's deforestation policies. <BR /> <BR />As regards access, that is something that will probably need to be explored. I am happy to meet the Member and discuss any of these issues.

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  12. I thank the Member for his question. Ballysallagh reservoir in Cairn wood, as the Member is aware, is one of 26 impounding reservoirs owned by Northern Ireland Water but regarded as surplus to use. It is therefore obliged to put them up for sale. Having gone through the normal processes of discussions with other government agencies and statutory bodies, and them not giving any expression of interest, it has been moved to the open market. This is all part of commercial life, and I understand that there are interested bidders. I believe that Northern Ireland Water hopes to close that sale in the coming weeks. <BR /> <BR />As to the long-term plans, those will be something that the buyer will want to explore, as regards viability, along with what it intends to do with it. However, it will be restricted as regards the forest area as well.

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  13. Her suggestion in relation to the second clearing is something that could be considered, given what has happened in recent weeks. I will certainly pass that on to NI Water for comment.

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  14. I thank the Member for her question. I think that the good working that there has been over the last number of weeks has been reflected on. As a constituency MLA, I have hit the same problem, and I imagine that, as we move forward into the new Department for Infrastructure, that should be much easier to deal with and those agencies will work much closer together. In some ways, this is perhaps a lesson of good practice learned in moving forward, and we can also see how that has worked out in working alongside councils.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  15. We will be immediately looking at remedial work that needs to be carried out on the roads that have been flooded, and we will be able to get a better assessment of that once the water has subsided. As well as carrying out emergency repairs, we will obviously be looking to longer-term measures and identifying where structural maintenance is really required on those roads in and around Fermanagh, Upper Bann and other areas. <BR /> <BR />The Member mentioned septic tanks: obviously, that is something that Northern Ireland Water will give support to. It is particularly important that you remind people that they are entitled to a removal of sludge once a year, so it is incumbent on all Members to make that and the councils' role in all this and the emergency payments known.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  16. I thank the Member for her question; indeed, I have had discussions with Mrs Kelly over the last number of weeks, in particular about her constituency. In general, my Department has worked well as part of the multi-agency approach to the current flood situation with Rivers Agency, councils and other responders. At this stage, I want to pay tribute to the work of all the staff who have been involved in trying to alleviate some of the pain that has been felt by those who have been left stranded and who are also, I am sure, very weary after what has been a long process, given the rainfall that we have had and the levels that did not ever seem to be going down. Thankfully today, however, we can see a significant change in that. <BR /> <BR />My key priority has always been to make sure that roads are safe and, where possible, are kept open.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  17. I thank the Member for her question. I have asked exactly the same question, and I understand that there has been good cooperation in resolving some issues that may have come up. Again, that is something that I will continue to ask. As with other schemes, starting a scheme does not necessarily mean that discussions have concluded; they continue throughout the process.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  18. Reports have been prepared outlining the findings of the review and addressing the other recommendations arising from the public inquiry. Once I have received those reports — I have not as yet — and get the opportunity, I will consider them in full and make a decision on how the scheme should proceed after that.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  19. I thank the Member for his question. As he said, public inquiries were held on the scheme in late 2012, and the inspector delivered his report to the Department in March 2013. One of the inspector's recommendations was that an alternative route for the Dungiven bypass be considered in sufficient detail to allow an informed comparison to be made between it and my Department's published route. Transport NI's project consultant subsequently reviewed the alternative route, and its findings endorsed my Department's published route. However, there was a view that that was not sufficiently independent and may not have given the alternative route a fair consideration, so an independent review of the alternative route was commissioned by my Department and has now been completed.

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  20. Yesterday, as I said, I announced that the allocations for the A6 set out in Minister Foster’s Budget would enable construction of the scheme to commence in the next financial year. <BR /> <BR />The development of the A6 Londonderry to Dungiven scheme is well advanced. It went through public inquiry in 2012, and the inspector produced a report embracing various recommendations, some relating to complex issues. My officials have prepared a report addressing the recommendations arising from the public inquiry and are reviewing the extent of the scheme, which can be built with the funding allocations in the December 2015 Budget statement. Once I have received those reports and considered them in full, I will make a decision on how the scheme should proceed.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  21. With your permission, Mr Principal Deputy Speaker, I will group questions 5 and 9. <BR /> <BR />There are proposals to construct a dual carriageway on two sections of the A6, those being from the end of the M22 at Randalstown to Castledawson and from Londonderry to Dungiven. I had previously announced that funding had been provided to progress the A6 Randalstown to Castledawson dual carriageway project to an advanced position so that it would be ready to commence construction at short notice, should the necessary funding become available. In May 2015, as part of that process, Graham/Farrans Joint Venture was appointed to assist Transport NI and its consultant adviser with the development work, which is ongoing.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  22. I thank the Member for his question. As he knows, there is no provision under the Roads (Northern Ireland) Order 1993 to give the Department the powers to issue licences to place flags, so it is regarded as illegal. He is asking me to take the lead on this. He will be aware that, under the Fresh Start Agreement, a flags commission is being established. Those discussions will be held around another table, and it will then go out to consultation, which is probably the appropriate place to have it.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  23. I thank the Member for her question. Obviously, she will understand that the removal of flags and so on is quite complex and requires a lot of community negotiation because of the sensitivities around that. The issue that she raises in relation to her colleague's posters would fall under the advertising section in the legislation, which goes beyond flags. An assessment would have been taken at that stage in relation to that particular aspect, and it would have been deemed that there was not any issue in relation to intimidation and so on to my staff. I know that that probably sounds like quite a complex answer — or perhaps even a waffly answer, if I am going to be fair — but it is within my Department's remit to be able to do that.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  24. I thank the Member for his question. I know that he is spending some considerable time looking at this and a possible amendment to legislation and so on. I am happy to have a discussion with him about that point. If he would like to liaise with my office, I would be happy to discuss it with him.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  25. <BR /> <BR />Under the protocol, when called upon by the lead agency, my Department provides the access equipment and resources to remove unwanted flags, once agreement has been reached for their removal and where they are not easily accessible. As I have said, my Department has a duty of care to its staff and, in situations where flags need to be removed, the safety of personnel tasked with the removal work must always be taken into account.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  26. In dealing with flags on street furniture, my Department's primary consideration is in its duty of care for the safety of the public, employees and contractors. Where unauthorised flags pose a hazard to road users, my Department will seek to remove that danger. When there is no such danger, my Department acts in accordance with the multi-agency 'Joint Protocol in Relation to the Display of Flags in Public Areas', which was introduced in 2005. <BR /> <BR />My Department is generally not perceived to be the lead agency under the protocol. In most cases, other signatories such as the PSNI, OFMDFM, the Northern Ireland Housing Executive, DSD or DOE are better placed to assume the lead role in arranging for the removal of flags, through their contacts with community groups, local elected representatives and other relevant contacts.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  27. I am happy to share that information; I have it here and can make it available to the Member.

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  28. The scheme is specifically designed to provide protection to the treatment works during flood conditions. It was evident from discussions that I had during the flooding, and also from the meeting that we had last week, that this had been successful and had made a difficult situation less difficult.

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  29. <BR /> <BR />During the recent flooding, Northern Ireland Water was part of the inter-agency cooperation in responding to the general flooding around Upper and Lower Lough Erne. The company has been involved in regular conference calls with other responders, including the PSNI, the Fire Service, Transport NI and the Ambulance Service. It has also been working in conjunction with local councils. Northern Ireland Water reviewed the resilience of the Killyhevlin water treatment plant following the 2009 flooding in Fermanagh. The subsequent flood resilience construction works were completed in 2011-12. Northern Ireland Water has invested £600,000 in measures at the site, including the construction of an earthen levee and the installation of additional storm-pumping sensors and alarms.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  30. I thank the Member for his question. In most Northern Ireland towns and cities, there are sections of the sewerage network that require investment to reduce the risk of sewer flooding and to improve combined sewer overflows that are causing pollution. Northern Ireland Water's PC15 business plan states that it requires £185 million of capital investment to address this by 2021, excluding Belfast and treatment works across Northern Ireland. However, due to public expenditure constraints, less than 50% of that could be funded in the Utility Regulator's PC15 final determination. Significant investment is also required by Transport NI and the Rivers Agency to improve drainage infrastructure.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  31. I thank the Member for his question and his remarks in relation to this. I would like to think that that will not be the case. If it is, I would like to think that any debris is cleared up very quickly and that we do not lead to an environmental issue that becomes much more difficult to contain.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  32. Northern Ireland Water has steadily improved its environmental compliance over the past number of years, and that improvement has led to Northern Ireland Water achieving the best ever waste water compliance in recent years: 98·4% in 2014. That can be attributed to significant investment in sewerage services and improvements to the management and operation of the waste water assets. To achieve that, Northern Ireland Water has developed and implemented a pollution-reduction strategy to minimise the risk of prosecution cases arising. The strategy is centred on the three areas of operational management, capital investment and education and awareness. The delivery of identified actions stemming from this strategy has been linked to the steady improvement in the number of pollution incidents attributed to NIW.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  33. These figures show a marked reduction in the number of fines from 2011-12 to 2015 and reflect the hard work undertaken by Northern Ireland Water (NIW).

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  34. My Department has not incurred any financial penalties as a result of environmental pollution offences in the past five years. Northern Ireland Water, however, has incurred financial penalties as a result of environmental pollution offences in the past five years, and those amount to £61,250. That figure equates to £16,250 for 2011; £22,500 for 2012; £7,950 for 2013; £9,300 for 2014; and £5,250 for 2015.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  35. I thank the Member for her question. Obviously, that is a concern for a local Member, but we should reflect on how well the ongoing A26 project has been managed. I assume that the lessons that have been learnt from the A26 project, which has been successful, can be carried across to this project. Again, it will be seen as a risk that needs to be managed.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  36. I thank the Member for his question. I am too young, thankfully, to remember that. Again, I have had a discussion with Mr Dallat on the critical connectivity that is needed between Londonderry and Belfast. He is aware from those conversations that I see the A6 as being critical to that, and I hope that that project will come to fruition in the not-too-distant future. It is something that I regard as being a priority.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  37. I thank the Member for his comments. I have met him on a number of occasions on that and other schemes in the area. As I said, the construction is intended to start in the summer of this year, and, with a fair wind, it should be completed around 2019.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  38. We are hoping that it is going to happen at the start of the summer. That is very much dependent on budgets moving forward and on the next Minister, but my commitment is certainly that we move forward with the work and do it as quickly as possible. As you say, it has been very well received. I know that there are sceptics out there and critics of the design, and so on, but the project is something that has been long waited for, and I hope that we are in a position in the summer to commence it.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  39. In May 2015, as part of this process, a Graham/Farrans joint venture was appointed to assist Transport NI and its consultant advisers with the development work, which is going. <BR /> <BR />Yesterday, as the Member will be aware, I announced that the allocations for the A6 that were set out in Minister Foster's Budget statement of December 2015 will enable construction of the scheme to commence in the next financial year. This is good news for the Northern Ireland construction industry and those who use the road. Work on the site is expected to start by the end of the summer.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  40. The Moneynick section of the A6 is included in the Randalstown to Castledawson dual carriageway project. The scheme comprises two distinct sections of dual carriageway located on either side of the A6 Toome bypass: a 4·5-mile stretch from the end of the M22 to the eastern end of the Toome bypass; and a 4·2-mile stretch from the western end of the Toome bypass to the existing Castledawson roundabout. When completed, the scheme will significantly improve connectivity between Londonderry and the wider north-west region and Belfast. <BR /> <BR />I previously announced that funding had been provided to progress the A6 Randalstown to Castledawson scheme to an advanced position so that it would be ready to commence construction at short notice should the necessary funding become available.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  41. Discussions are ongoing. Community transport is beneficial to all our constituencies, particularly the rural ones. I was delighted that, in association with DARD, we were able to get additional funding to help the Community Transport Association. Integrated ticketing for rural transport is causing it some concern, particularly around its budget, but discussions will always continue with that lobby.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  42. It issued a comprehensive document to which the following organisations responded: the Inclusive Mobility and Transport Advisory Committee (IMTAC); the Commissioner for Older People for Northern Ireland; Northern Ireland Environment Link; Belfast City Council; Sustrans; the Western Health and Social Care Trust; and Armagh City, Banbridge and Craigavon Borough Council. In June 2015, a meeting occurred with the Education Authority transport officers for each respective region. Translink is also fully involved with CCNI in complying with the surveys for the ticketing customer survey exercise and reviewing the subsequently produced report.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  43. That includes Transport for London, Transport for Greater Manchester, the National Transport Authority in the Republic of Ireland and Transport for Edinburgh. It has had engagement with the ticketing systems supply industry and financial services suppliers, including MasterCard, Visa and various banks. It has also consulted local stakeholders, including the Consumer Council in Northern Ireland (CCNI), the Education Authority and Tourism Northern Ireland. It has undertaken qualitative and quantitative consumer research with costumers and focus groups across Northern Ireland, including around 2,000 face-to-face surveys.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  44. Again, I thank the Member for his question. It is quite a comprehensive list. Translink has consulted widely with other transport operators and authorities on the mainland, in Ireland and in Europe.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  45. I thank the Member for his supplementary question. At this stage, I can advise that, subject to a successful procurement, the award of the contract is expected to be complete by the end of 2016; the design of systems will run up to the end of 2017; ticketing equipment replacement will begin during 2018; and full implementation, with enhancements, could run into the early part of the next decade. The project will obviously align with the timetable for Belfast Rapid Transit, which includes off-bus ticketing. I can say that the advice that we have been given is that, due to its complexity, it is better to phase this in. I hope that that gives an adequate response.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  46. The system will be developed with suppliers and must be feasible and affordable, with income maintained.

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  47. <BR /> <BR />Technical and customer-led enhancements planned include ticket vending machines and more tickets sold off-vehicle, stored value mobile cards, online top-ups, and gates which will automatically validate smart cards in Northern Ireland. Consultation has taken place with other transport operators here, in Great Britain and in Europe. Some of the key benefits expected include improved bus boarding times, reduced use of cash, improved data and communication channels and improved customer choice. <BR /> <BR />The procurement phase of the project started in early 2015, and the invite to tender was issued to a number of interested suppliers in December. Full implementation will take a number of years to complete, but initial developments will be rolled out from 2018.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  48. My Department and the Department of Finance and Personnel approved a business case for that project in 2015. The project is complex and includes a number of elements. First, it aims to replace Translink's existing ticketing equipment, which is at the end of its useful life. Secondly, it aims to update existing concessionary and Translink smart cards to align with new technology, particularly online card top-ups. Currently, that is available only on rail services. To put that in context, there are currently half a million smart card holders. Thirdly, it aims to expand ways in which customers can use retail channels to purchase and top up travel cards or use mobile technology to a greater extent. Finally, it aims to facilitate off-bus ticketing on Belfast Rapid Transit.

    OFFICIAL REPORT, 2016-01-11 · READ THE OFFICIAL RECORD

  49. Obviously, that is the direction in which he is willing to travel. <BR /> <BR />I would like to thank Members again for their contributions. I ask, finally, that Members support amendments Nos 1 to 6. I consider that amendment No 7 does not add any value to the comprehensive reporting structure and I hope that Members who have indicated their support will think otherwise by the conclusion of the debate.

    OFFICIAL REPORT, 2015-12-08 · READ THE OFFICIAL RECORD

  50. I am also somewhat concerned by the fact that Mr Lyttle is content to place an additional burden on households through the introduction of water charges without a much more —

    OFFICIAL REPORT, 2015-12-08 · READ THE OFFICIAL RECORD