Sandra Overend
Mid Ulster · Ulster Unionist Party · Northern Ireland
“My thoughts are with the Black family, who have been put into the public eye once again due to the failings of the judicial system, the very system in which David served so faithfully.”
“On this, the last day the Assembly will meet in this place, I thank my colleague Mr Doug Beattie for proposing this important motion. I express my deep concern and share the anger of many people from my constituency of Mid Ulster at the management of the bail conditions for the man who was charged with offences linked to the terrorist mur…”
“<BR /> <BR />There is an argument that suspects have an entitlement to bail due to the length of time that they spend on remand. However, the answer to that must be to speed up the process of administering justice and not to grant bail in such cases.”
“It emerged that, having failed to sign in with police on 18 November, it was not until 23 December when police called at his bail address that they found the flat had been cleared out, and, in fact, evidence suggested he had been gone a few weeks by that stage.”
“To allow this type of situation to occur once could be seen as being careless. For it to happen twice in the same year is clear evidence of a culture that needs to change and of a policy that needs to change. Bail is seemingly too easily given out and not stringently enough managed.”
“I thank the Minister for that. I wonder whether he is optimistic that he will deliver that programme in the days that remain, given the fact that clubs have been waiting since last March, when the consultation process ended. An announcement was promised before Christmas. How confident is he that there will be something for local clubs?”
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“It is good to see, especially in times of reduced cash in our hands. If it will save money for the Department, it is welcome. I support helping businesses to invest and grow while ensuring a good environmental regulatory process and good environmental protection.”
“I note, however, that further details on how the new system will work in practice will be provided only when further consultation on the environmental permitting regulations is carried out. Does that mean that the Assembly is being asked to pass primary legislation without key details? The Minister talked about further consultation being carried out afterwards. I find that strange: consultation should be carried out beforehand. As the Chair of the Committee mentioned, at this stage of the legislation's progress, we do not have the regulations or code of practice in our hand. I share the Chair's concerns. <BR /> <BR />I welcome the progression of the Bill and look forward to scrutinising it further in Committee. I commend the Minister on the rationalisation of environmental law.”
“I also welcome the fact that this is a better system for businesses and still helps the environment. We are reassured by the words from the Minister that environmental protection standards will not be weakened or compromised by the proposals. <BR /> <BR />I noted the Minister's brief comments on the proposed process for Part 3: the amendments to the Clean Air Order. Am I right in saying that looking to reduce bureaucracy for businesses will, in turn, increase bureaucracy for the Department? Maybe he will address that. <BR /> <BR />I note the reference to a new method for listing authorised fuels in smoke control areas. This is an issue that I would like to pay a great deal of attention to, especially in light of the flawed proposals to ban a range of solid fuels, even in non-smoke control areas.”
“I particularly welcome the fact that it seeks to introduce the legislative framework for any new regulations in order to make it easier for businesses to understand the legal requirements. Greater recognition of what is necessary to comply will lead to a reduction in red tape and bureaucracy, something that the Ulster Unionist Party strongly believes in. In fact, in discussions over the years with businesses and through my work on the Enterprise, Trade and Investment Committee, a comment that I hear from businesses time and time again is how regulation, bureaucracy and red tape limit their ability to grow and develop. Businesses say that they keep needing to go back to the regulations to ensure that they are meeting them. Simplifying the process and making it easier to understand and comply with is very welcome.”
“I rise on behalf of the Ulster Unionist Party to support the progress of the Environmental Better Regulation Bill at this stage. I commend the Minister on his ideal of providing a better environment and a stronger economy. I agree with the broad thrust of what the Bill tries to do: to provide a more streamlined and effective regulatory system for businesses and regulators. Much like the changes proposed for planning a few years ago, the Bill will, hopefully, lead to a more harmonised and more easily understood regulatory framework. <BR /> <BR />The current system is functional but does little to actively encourage innovative and efficient operation. In fact, the complexity of the current legislative framework is beyond the means of many ordinary businesses. I welcome the fact that the Bill looks to rationalise the system.”
“On that point, if the amendment is moved, we will not restrict further amendments to clause 20. If we move it, at least it will be in place, so to speak. Further amendments could be made to clause 20, or it could be totally withdrawn. Is that not the case? So, why not push on with the amendment?”
“I thank the Member for that explanation. I will conclude and say that I am still minded to move the amendment and am willing to take into consideration further comments around the Chamber this evening. I think that there is a need to have further statistics from the Department and that we give this proper analysis on an hour-by-hour basis for a number of years and not just one year. I will conclude there and make the decision as the debate continues.”
“The question remains: would the proposed new restrictions reduce the number of fatalities? Mr Maginness spoke continually in support of clause 20 unamended. Despite the Minister's assurances that he is willing to consider further amendments over the summer, I wonder whether there is a desire to amend it, considering the comments of Mr Maginness.”
“<BR /> <BR />We have also to remember that not all young people have their own car. I certainly did not, and we all took it in turns to give our friends a lift. The idea of lifting restrictions for night-time is not a new thing. I believe that the precedent has been set in the New South Wales state of Australia, where it was decided to go for the timing of 11.00 pm to 5.00 am. <BR /> <BR />Enforcement should not be an issue with my amendment, which restricts the hours for which enforcement is needed to the hours between 6.00 am and 10.00 pm, freeing up more of the much-reduced resources of the PSNI. <BR /> <BR />In conclusion, we are concerned about the safety of our young drivers, and we must look at how the restrictions disproportionately affect young rural dwellers.”
“That is a very valid point. They also recognise that travelling to sports training and youth and church groups would be impossible if the Bill is passed in its original form. <BR /> <BR />Looking back to my Young Farmers' Club days, when young people as a group drove to various events, taking a couple of friends together meant fewer cars on the road and less petrol or diesel to buy, which is also a big factor, especially at that age. Would the Minister prefer there to be more cars on the road with two people in each? I think that, with the restrictions in place, you would normally take two or three friends in a car. However, if you are only allowed one other person in the car, you will end up with more cars on the road, and that will lead to a greater statistical risk of young people being involved in a collision.”
“<BR /> <BR />I believe that the current proposal would disproportionately impact on rural drivers, and that is why organisations such as the Young Farmers' Clubs of Ulster and the farmers' union have been so opposed. Indeed, all MLAs received correspondence this morning from the Young Farmers' Clubs and I would like to quote what the chief executive said in his email:”
“This is about changing the mindset of our young people. Until 10.00 pm, driving is about continuing their day-to-day activities — whatever activities they have started during the day, whether they continue after school — and to get them home for the evening. However, if young people are thinking about going out for the night, they can change the mindset for a more restrictive period and be curtailed by those restrictions. Therefore, I think that 10.00 pm is a balanced time. <BR /> <BR />Last weekend, my 14-year-old was heading out to a church social, but it did not start until 10.00 pm, so the timings for going out at night have changed since I was 17. It is just about getting into that mindset and taking into consideration the rules that are laid in place and adapting life to them.”
“<BR /> <BR />We know that most teenagers' driving, 80% of it, takes place during the day, yet research from the Department has previously indicated that half of all crashes involving teenagers take place at night. That is primarily why the Ulster Unionist Party proposed lifting the restrictions between 6.00 am and 10.00 pm, rather than imposing them for the proposed 24-hour period. Our amendment would, therefore, still allow young people to get to school and attend after-school activities, football, GAA or other sporting practices and other such events. <BR /> <BR />The debate then came as to what time to start the restrictions, and I looked to the Insurance Institute for Highway Safety, which considers young people driving after 10.00 pm to be most at risk. I think that 10.00 pm seems like a reasonable time.”
“Creating restrictions was, in fact, an area that the Department consulted on in 2012, and I believe that 67% of respondents were against it. <BR /> <BR />Peer pressure is admittedly a serious problem, and the Minister referred to it earlier. I feel that these restrictions are the Department's attempt to ease the peer pressure from a car full of the driver's friends. However, I do not believe that it is so easily eliminated. Peer pressure can also come from siblings, one person beside you in the car or, indeed, a driver in another car who might be heading to the same destination. I therefore feel that the proposed restrictions for 24 hours a day will not necessarily have the desired effect.”
“I welcome the Minister's amendments on that issue — changing the minimum age back to 17, with the minimum learning period being six months. It is important that our new drivers gain experience in differing conditions and, with the addition of the proposed log book system, that can all be assessed appropriately and accordingly. <BR /> <BR />It is with a common-sense approach that I turn to the restrictions being placed on newly qualified drivers for a new driver period. The present proposals are for a six-month restriction for newly qualified drivers to carry only one passenger aged 14 to 21, except for family members and in cases of emergency. If they are carrying more than one young person, the driver must be accompanied by a relevant person, as has already been discussed.”
“It is important that they are trained up to be responsible in their driving and yet given the much-desired freedom that being able to drive brings them. <BR /> <BR />It is with a common-sense approach that I speak in today's debate. We have had some very interesting discussions in Committee about the proposal to allow new drivers to start driving at sixteen and a half, yet not allow them to pass their test until 12 months later. The inability of the passage of time to be a sole tester of a driver's knowledge and experience of driving in all weathers and in all conditions remains to be convincing. As anyone living in Northern Ireland knows, it is possible to have all four seasons in the space of one day, never mind one year, so the imposition of a 12-month learning period would not be very practical and useful.”
“I rise as environment spokesperson for the Ulster Unionist Party to discuss the second group of amendments. As Members have said, these amendments are primarily in respect of young drivers. <BR /> <BR />It seems like no time at all since I passed my driving test. Indeed, the anniversary of that date was only three days ago. I will not say how many years, but it seems like only yesterday. Like many rural dwellers, we learned to drive up the back lane, and many have experience of other farm equipment and the dangers that come with that. Many rural dwellers depend significantly on their car as a means of transport, and to have another driver in the family is often very welcome. I agree with the sentiments of ensuring the safety of our young drivers.”
“I want to come in on that issue — I may end up coming in on every item. <BR /> <BR />That is why I want to introduce a common-sense approach. I would not like young people coming home in a car at 10.10 pm to be brought in by the police. A common-sense approach would mean the police will pull a car of young people over at 10.45 pm if they saw them heading out at that time. If they were heading home at a reasonable hour, a common-sense approach would be that 10 minutes outside that expected time would be reasonable.”
“Can the Minister outline the ages of the people he is referring to in that statistic?”
“Apologies, and I thank the Minister for giving way. I refer him to the statistics that the Department previously made available that indicated that half of all crashes involving teenagers took place at night. That is the basis of my amendment.”
“I accept the Minister's assurances on the accuracy of breath-testing equipment and the relative accuracy of other tests. <BR /> <BR />I accept the other amendments in the group. Mrs Cameron referred to all the variables in the measurement of alcohol levels in the blood. The key message from this legislation on drinking and driving, which needs to reach the general public, is: just do not do it.”
“I welcome the Road Traffic (Amendment) Bill's progression to Consideration Stage. On behalf of the Ulster Unionist Party, I will address the group 1 amendments, which specifically relate to drink-driving law reform. <BR /> <BR />The Committee's scrutiny was detailed, and it is good that everyone here this evening is satisfied with the amendments. I agree that the Chair and the Deputy Chair have fairly covered the Committee's points of view. I welcome the opposition to clause 3, which would have given drink-drivers the ability to ask for a blood or urine specimen to replace the breath test if they were marginally over the limit. That could be perceived to be an effort to buy time until the blood:alcohol level reduced to below the limit.”
“Does the Minister have any concerns about councils adjacent to one another adopting conflicting policies in regard to the plans?”
“When you were talking about how successful Mid Ulster was, I thought that you might be interested to know that, today, Cookstown High School won the young engineers' award to attend Birmingham next year. I thought that we would promote Mid Ulster together.”
“I commend the motion's support for promoting STEM courses and careers.”
“I will not overload you with figures, but suffice it to say that 46·3% of students enrolled in Northern Ireland higher education institutes were enrolled in broad STEM courses. We are in a slightly better situation than England and Wales, but worse than Scotland. Only 23·5% are on narrow STEM-related courses. That shows that we are worse than England, Scotland and Wales in that area. <BR /> <BR />In the four years up to 2013-14, the total number of students who were enrolled in broad STEM-related courses increased by only 1·2% and by 14% in the narrow STEM subjects. Therefore, it is right to express our concern and our support for improving this situation.”
“In that debate, I described an increase in A-level STEM entries between 2005 and 2011 as "underwhelming". That increase was only 1,957 over six years. I called for more political leadership to encourage pupils to pursue those fields of study. This is where it all must start: in the schools and as early as possible. I am pleased to hear other Members in the House agree with me on that point. <BR /> <BR />Last week, the Department for Employment and Learning published a higher education statistical fact sheet on its website. The most up-to-date statistics for participation in STEM subjects at higher education level are for 2013-14, and are worth reading into the record.”
“We will not get STEM graduates if we do not develop the narrow and broad STEM subjects at school. <BR /> <BR />On 2 March, the Assembly debated a Committee motion highlighting the importance of science, technology, engineering and maths in schools, recognising the role of STEM as a key driver of the economy. It called on the Minister of Education:”
“That can and should begin at school, and it is another example of where proper joined-up government would be welcome. <BR /> <BR />Sentinus, the leading educational charity that delivers science, technology, engineering and maths engagement programmes to over 60,000 pupils across Northern Ireland, has had its budget cut. As a result, a STEM smart technology primary-school programme had to be shelved. Other valuable Sentinus programmes are being shelved or greatly reduced in size, yet those are the type of initiatives that the authors of the motion are presumably referring to: programmes aimed at improving the teaching of science, technology, engineering and maths in primary schools, while developing the skills and confidence of trainee teachers through school-based experience.”
“While underlining the work that still needs to be done to support and encourage young women to enter those industries, the Semta Northern Ireland Women in STEM programme has played an important part in providing that encouragement, and will hopefully continue to do so. <BR /> <BR />The Women in STEM programme set out to support 20 SMEs, and four large companies, to develop 50 females in a successful career in STEM, promote STEM to 1,000 schoolgirls and establish a women's network to mentor and support women and girls in those industries. That is the sort of innovative approach to encouraging STEM subjects and careers that the Assembly and the Executive should support. Promotion of STEM subjects and matching the skill set of our young people to the demands of the workplace are central issues that we should focus on.”
“Given the latest impending Budget crisis facing the Assembly, private Member's motions, no matter how worthy, seem somewhat superfluous and unreal. Nevertheless, we have another motion in front of us noting the importance of the promotion of science, technology, engineering and maths degrees for the future of the Northern Ireland economy, and calling for a greater emphasis on those in education. <BR /> <BR />I am fairly sure that the House will not be dividing on the motion, and I am pleased to speak on the subject for the Ulster Unionist Party as it is an area that I have a particular interest in. As a patron of Semta, the sector skills council for science engineering and manufacturing technologies alliance in Northern Ireland, I hosted an event in the Long Gallery in March, celebrating the success of women in STEM careers.”
“Can the Commission member detail the cost of translating all of the content on the Assembly education website into the Irish language in 2015?”
“If not, will he endeavour to get that information?”
“I thank the Minister for that. I know that the Department of Education carries out a lot of work in the realm of Internet safety. Can he tell me whether the Office of the First Minister and deputy First Minister has shared with him the details of the gapping and mapping exercise that it carried out in winter 2012 and completed in summer 2013, or given him any of the information from that exercise? I feel that it is something that should greatly benefit him —”
“It has been calculated that, over the same period, there would be savings of £19,000 for the Official Receiver, £2,800 for business and £23,740 for HMRC and the Northern Ireland Courts and Tribunals Service. <BR /> <BR />The Ulster Unionist Party is supportive of both groups of amendments.”
“We can all agree with the objective of making the administration of insolvencies faster, more efficient and less expensive by legitimising the use of up-to-date methods of communication and doing away with burdensome and unnecessary procedural requirements. <BR /> <BR />The guidance notes published with the Bill point out that there is no financial cost to the Government. In these cash-strapped times, that is important. In addition, it has been calculated that the Bill proposals could result in net savings of £2,275,000 for insolvency practitioners over the period it takes to deal with all insolvency procedures entered into in one year.”
“<BR /> <BR />During Committee Stage, the Department informed the Committee that amendments would be needed, mainly as a consequence to changes to legislation under way at Westminster. That is why we have so many amendments today tabled by the Department. It is clear from the Chair's comments that the Committee is content with those amendments. <BR /> <BR />It is important that insolvency legislation in Northern Ireland is kept as far as possible in parity with that in England and Wales. Undoubtedly, insolvency legislation in both jurisdictions needed to be updated to allow for the use of modern means of electronic communication and to do away with certain procedures and requirements that had outlived their usefulness.”
“The Bill has progressed from public consultation through Second Reading, Committee Stage up to today's Consideration Stage, and it looks like it is a law that the legislative Assembly is shaping in a sensible and proper fashion, proving that, at times, the Assembly can do what it is meant to do: legislate. <BR /> <BR />On reviewing the Committee report on the Bill, I note that it was introduced to the Assembly on 7 October 2014. The Assembly debated the principles at Second Stage on 10 November, when the Bill was passed to the Committee for Enterprise, Trade and Investment. The Committee sought and received the approval of the Assembly in plenary session to extend its consideration and scrutiny of the Bill until 13 March this year. The Bill has 21 clauses and three schedules.”
“At the outset, I apologise for having to deputise for Danny Kinahan MP MLA, who was party to the deliberations at the Committee Stage of the Bill. We make no apology, however, for implementing our manifesto pledge to end double-jobbing, which we are in the process of doing at this stage. I can inform the Assembly that the Member for South Antrim is at Westminster, doing the job that he was elected exclusively to do. I have spoken to Danny Kinahan and can confirm that he is content with both groups of amendments that have been put forward by the Department at Consideration Stage. <BR /> <BR />Clearly, it is a technical Bill about a highly technical subject. As such, it is unlikely to grab the attention of the media or the general public today, except, maybe, chartered accountants. Nevertheless, it is important legislation.”
“<BR /> <BR />I agree with the Committee recommendations that it would be useful if Members and staff were provided with some training on adhering to the code of conduct and in dealing with areas such as social media to ensure that Members know their limitations and act with respect and in an appropriate manner befitting of an MLA. <BR /> <BR />I must have talked much faster than I anticipated when I wrote this speech. I will draw my remarks to a close by commending the report to the House. It is important that Members act appropriately and avoid bringing the Assembly into disrepute. As one of our witnesses, Dr Tom Walker from Queen's University, said, we are the guardians of its integrity.”
“For these and many other reasons, it is crucial that Members have a clear set of rules and standards. The new code of conduct includes both 11 aspirational principles of conduct and 21 enforceable rules, supplemented by a guide to explain the application of how to comply with the code. The principles are largely similar to what we had before, but the 21 rules are much more clearly defined. Therefore, Members and the public should find it easier to define if the code has been broken without having to process a complaint, which is often a complicated procedure. I have looked to summarise the 21 rules into the following categories: interest and influence; upholding the law; improper use of your position; respect; cooperation with any investigation; not urging other Members to contravene the code; and staff conduct.”
“The Committee has, therefore, taken the view that the code of conduct should continue to apply in circumstances where a Member only partly accounts for the Member's actions, except when it is clear that a Member is acting exclusively in another capacity. Of course, it shall not be enough for a Member to state that they are not acting as a Member. The commissioner is expected to take into consideration all relevant evidence etc before concluding if a Member is acting exclusively in another capacity. It is extremely important that there is increased clarity in this area.”
“That is inevitable, considering the political dynamic in Northern Ireland, the history of the Troubles and the fact that we have such vastly differing views of what is acceptable, what is normal and, sometimes, what is the truth. <BR /> <BR />One of our main concerns about the existing code of conduct was that it was too ambiguous in parts, leading to unrealistic expectations of what it was supposed to do. A major difficulty throughout our evidence sessions and discussions was how to define when an MLA was acting as an MLA. While a Member is certainly entitled to a private and family life, there are occasions when it is difficult to define where that line lies.”
“<BR /> <BR />When a complaint against a Member is made, the process is meant to proceed in closed session and behind closed doors. However, many make it into the public domain due to the strong feelings of complainants and the view that they must be seen to have lodged a complaint. In my experience on the Committee, however, it has often been the case throughout this mandate that complaints turn out to be inadmissible as they are outside the scope of the code of conduct. That conclusion is reached following investigations — through written correspondence, oral interviewing or both — by the Commissioner for Standards, who is, currently, Douglas Bain. <BR /> <BR />A number of difficulties have been experienced with regard to complaints about Members, their conduct and how that has been perceived by the public at large.”
“I, too, would like to record my sympathies for Councillor Joan Hanna on the passing of her husband John. He will be sadly missed indeed by so many. My thoughts and prayers are with them all. <BR /> <BR />I speak on behalf of the Ulster Unionist Party to commend the Committee report, which followed a thorough and lengthy review of the code of conduct. I add my thanks to the Clerk and staff of the Committee for pulling together a vast amount of information. <BR /> <BR />The review began in March 2014, and I am glad that it reached its conclusion before the end of this mandate. The new code, if agreed today, will be introduced in the new Assembly mandate — I might have added "in May 2016" but the ways things are going around here, you just never know when that might be.”
“It serves only Sinn Féin's agenda of breaking down everything that is good about Northern Ireland.”
“I wonder how much is still allocated to the project in the Northern Ireland Budget and whether the £53 million will be allocated elsewhere in Northern Ireland. I look forward to the Minister's response. <BR /> <BR />Finally, the deputy First Minister referred to the current political stalemate as a problem imposed upon us. He said that it was not the fault of any of the Northern Ireland parties. It was rather big of him to say so, and I think that it was wrong of him to say so. It would be much bigger of him to accept responsibility to resolve the situation in the Northern Ireland Assembly. The people of Northern Ireland will not forgive us if this mess cannot be resolved. It will be a real test of the Northern Ireland Assembly. The First and deputy First Ministers have the responsibility to lead. The ongoing uncertainty serves no one.”
“I fear that, much like the current approach to the voluntary exit scheme, some of the decisions, by showing a disregard to statutory and European obligations, only expose the Department to risk later down the line. We need to be rational about this because a saving from a research fund, for instance, will pale in comparison if we are hit with infraction penalties. <BR /> <BR />I would like to conclude with a query about my constituency of Mid Ulster, specifically the community safety college at Desertcreat. I hope that the Minister will be able to clarify the current budget position. We heard that Her Majesty's Government at Westminster have withdrawn the £53 million that was earmarked for Desertcreat.”
“I believe that, even now, officials in the Department are working towards an in-year saving of approximately £2·2 million. <BR /> <BR />Following last week's announcement on Exploris, it is essential that the allocation of £700,000 for the current financial year is not squandered. I urge the Department to revisit its engagement with the council to make sure that it can get plans in place to spend that money. <BR /> <BR />I have a wider concern about the DOE budget, and it is likely a criticism that could be levelled against others as well. I get the impression that the primary consideration in determining where to make reductions is how most quickly to make the most savings, rather than acting with any form of strategic thinking.”
“In the end, I believe that 459 applied under the voluntary exit scheme, and, of those, only 159 will be made a conditional offer. It is worrying that the Department openly admits that it chose those personnel solely on the basis of a value-for-money calculation, with no regard to the subsequent impact. <BR /> <BR />I support the voluntary exit scheme, but we need to approach it rationally. There is no point letting someone go if their departure will leave a skills gap that someone else will need to be trained to fill. Given the apparent eagerness to reduce the number of staff, suppress posts and reduce overtime, it was peculiar that the Department sought to make no modification to the Budget to reflect that. Even if staff do not begin to leave the Department until later this year, significant savings could still be made.”