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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“I speak for libraries in mid-Ulster, and they certainly do not want to implement restricted hours. Has the Minister agreed with Libraries NI the restricted opening hours that will be implemented as a result of the budget?”
“The time for the DUP to raise their concerns was in Committee; then the Department would have had at least the chance to work with them. Typically, however, they have adopted the stance of their way or no way. Of course, the Ulster Unionist Party raised many concerns during the progression of the Bill but were broadly ignored. This is just one example of what happens when bad political decisions are pushed through the Assembly, not because it is the right thing to do but because it suits one or both of the two main parties, which thrive on carving up Executive responsibilities.”
“Now all call-ins in circumstances of disproportionate adverse impact will be decided on by a qualified majority, as has been mentioned, and a barrister or solicitor's opinion will no longer preclude a decision being taken, although it can be taken into consideration. As my colleague said, various solicitors have various opinions, and I am sure that those can be taken into consideration by all present. <BR /> <BR />The regulations were noted by the Environment Committee on 12 February, as well as at the earlier SL stage. It is worth noting that all parties were content with what was proposed at those stages. It is ironic, however, that we have one safeguard being used — some would say abused — to block another.”
“<BR /> <BR />Today's regulations are the laying down of matters that councils must include in their standing orders. It is important for an even local government system across Northern Ireland that a consistent approach be adopted across the board. Departmental solicitors scrutinised the draft SL1 and removed two provisions on the reconsideration of decisions. The first related to the removal of the termination of a reconsideration if the supporting members fall below 15%. The second provision that has now been removed is the need for the advice of a qualified barrister or solicitor as to the merit of a call-in on the grounds of disproportionate adverse impact.”
“The concerns raised during the progression of the Bill are still valid. For instance, both the Act and the regulations talk about a disproportionate adverse impact, without giving even the slightest indication of what would constitute such an impact. Maybe the Minister could provide some long overdue clarity. With such vagaries, the Department is only exposing itself and councils to unnecessary quarrels. <BR /> <BR />The call-in procedure has, nevertheless, been available to members of a new council during its shadow period. It appears that this provision has been interpreted differently by different councils, and, I am sure, by different legal advisers. There has been a number of attempts to use the process, many on genuine grounds. However, these have all been in the absence of the regulations.”
“We recognise the merits of such a safeguard, but we believe that the Department could have gone about securing it more effectively.”
“Section 1 of the Local Government Act was brought into operation by commencement order on 2 June 2014, albeit pretty low-key and under the radar, even of the councils. As the Minister said, the order made provision for Members to request the consideration or the call-in of a council decision in specified circumstances. Following such a request, on the grounds that a decision would disproportionately adversely affect any section of the inhabitants of a district or was not properly decided on after appropriate consideration of the facts, the clerk of the council is required to obtain the advice of a practising barrister or solicitor. <BR /> <BR />The call-in procedure is an area that my party has long had concerns about.”
“Can the Minister outline why he has not brought in a mortgage relief scheme such as the mortgage to shared equity scheme, which is in place in Scotland?”
“Will the Minister outline the costs, financial and otherwise, of removing the substance misuse target from the plan? I understand that the inability to develop the service in 2015-16 was due to a lack of funding.”
“Is there a preferred plan B that will need to be considered if the voluntary exit scheme is not accepted by staff or the desired grades in the Civil Service?”
“Does the Minister recognise that the issue is not just about matching or undercutting the Republic's rate? Rather, does the Minister agree that there is a need to ensure that Northern Ireland has a full basket of measures to accompany the lower rate of corporation tax, including a super-skilled workforce and a major expansion of A-grade office accommodation?”
“I thank the Minister for his answer. Will he outline the steps he has taken with regard to sectarian intimidation in colleges? Some find that certain colleges are a cold house for unionists.”
“Has the Minister designated any other areas for use as park-and-ride facilities to improve traffic flow during major matches?”
“Sorry, I am just finishing. Unfortunately, until a compromise is found and despite the other benefits being proposed, my party will not be able to formally support any such statutory rule.”
“That would not benefit public transport, as buses would find themselves caught in more traffic, nor would it benefit cyclists, whom we, collectively, have been successful at drawing into the city in increasing numbers. <BR /> <BR />Whilst, at this stage, this is a redline issue for my party for why we cannot support a single-tier regime, it is something that, I trust, Minister Durkan will contribute to rectifying. I know that it is something that the Minister for Regional Development would be keen to find a long-term remedy to. Unfortunately, until a compromise —”
“We do so not because of any major disagreement with the proposals — on the whole, we agree with the broad policy intent, and our position has remained fairly consistent — but because, as the Minister will no doubt be well aware, the regulations as currently drafted will have had a disguised yet hugely significant unintended consequence. I am, of course, talking about the impact that it will have had on the bus lanes in Belfast. If we were to move to a single-tier regime immediately, the number of vehicles allowed to use the bus lanes would swell as private hire taxis would suddenly took advantage of the opportunity open to them.”
“Many taxi operators have already invested in taxi systems and taximeters on the basis that legislation is going forward. So, while some operators are working to new regulations that are not yet legislated for, others are lobbying for change. It seems that a bit of a mess has developed over the years. <BR /> <BR />I detect a sign of resignation from the Minister and his Department that the current proposals will not win through and they need to go back to the drawing board. Maybe that drawing board is a welcome place to be. Will the Minister outline where he will take it from here? The Minister cannot afford to leave it like this. <BR /> <BR />The Ulster Unionist Party will also support today's prayer of annulment.”
“<BR /> <BR />Whilst what has been proposed may have sounded logical, somehow Sinn Féin and the DUP have changed their positions quite significantly from what was agreed in 2008. The then Minister, Arlene Foster, was the main advocate of what the DUP is now so vociferous in opposing. You only need to look at Hansard, especially around mid-2007, to see that. Indeed, as I have said, the regulations have been bandied about for around seven years. The deliberations on the regulations have been a mess and, ultimately, have resulted in the debate today. What I know is that the ongoing uncertainty is damaging the taxi industry and creating confusion. Correspondence that I received over the weekend iterated the view that some taxi operators thought that legislation was already agreed.”
“It would have seen the removal of the restriction on private hire taxis plying for hire in Belfast, a privilege that all taxis outside Belfast enjoy. To the vast majority of taxi users, that would have been most welcome. The Department, too, had sound reasoning for seeking to make many of the changes it had proposed. No doubt, it saw the challenges of effectively having a hierarchy of taxis in Belfast, and the Minister will probably raise the problems of the demand and the confusion for people looking for taxis in the city centre on nights out. Importantly, the current enforcement policies are not properly targeted on addressing the more important issue of illegal and dangerous taxis, so I am sure that the Minister will make reference to that as well.”
“There is a range of concerns with what the Department has proposed, especially from public hire taxi operators in Belfast. Whilst I have sympathy for their concerns, I believe that what they have argued most against would have given the consumer a better deal. That belief has been supported by countless consumer and trade representative bodies. For instance, under what the Department had proposed, the consumer would have had greater choice, and, essentially, the hiring of a taxi in the middle of Belfast would have been much less restrictive and confusing than it currently is. <BR /> <BR />One of the regulations — probably the most contentious change of them all — is the introduction of a single-tier taxi licensing regime.”
“That was the background to the Taxis Act 2008, which, it is important to point out, received the unanimous support of the parties in the Assembly at that time. The difficulty was, however, that it was primarily enabling legislation, so, whilst the framework may have been voted on and agreed, as the Department has learned to its detriment, the real detail and changes were not. The only part of the Act that has commenced so far is the introduction of taxi operator licensing. The Department even delayed much of the reform programme to give taxi firms extra time to prepare for the reforms, just to get to this stage, where the changes are only a matter of minutes away from being thrown out.”
“It has been a rather long and ill-fated journey for the Assembly and the Department to this stage and the annulment of the regulations. I have been on the Committee for a little over six months, and the issue of taxi legislation and regulations has been brought up a number of times. I am sure that that would have been considered unlikely seven years ago, when the Taxis Act (Northern Ireland) 2008 was passed by the Assembly. <BR /> <BR />We need to remember how we reached this situation. As was said, much of our taxi legislation was and still is outdated. Naturally, modern society has requirements that are very different to those of the early 1950s. In my opinion, it was only logical that steps should be taken to modernise it.”
“My constituent Archie Thompson, who was on the BBC news last week, feels as if he is on a waiting list to get onto another waiting list and is not actually getting onto the list for surgery. With 110 cancelled operations, how many more people like Archie will require an apology from the Minister for delayed operations and delays in progressing onto the surgery list?”
“What discussions has the deputy First Minister had with the First Minister with regard to the future of OFMDFM and, in particular, with its ceasing to be a service delivery Department and becoming one that adopts a more coordinating approach?”
“I just wanted help the Member out by clarifying that only 25% of those recorded in the most recent census, in 2011, identified themselves as being only Irish.”
“Northern Ireland is and continues to be an important part of the United Kingdom, something that the Prime Minister acknowledged just this morning when he called for the inclusion of our parties in the election debates. <BR /> <BR />The recent Scottish referendum revealed a wide cross section of support for the Union across the political spectrum and the regions. However, it is only here in Northern Ireland that motorists will not be able to have their national flag on their driving licence. <BR /> <BR />I realise that some others do not feel that this is an important issue, but let me reiterate the feelings of unionist people right across Northern Ireland who feel totally disregarded because of this decision. I certainly would like the option of having the Union flag on my driving licence, and I promise not to wave it.”
“The SDLP's behaviour over recent days is stifling the democratic process and has been disappointing. It serves only to make that party appear to be joined at the hip with Sinn Féin.”
“Now the SDLP, not content with trying to block the national flag being displayed on the Northern Ireland driving licences of those who want it, joins Sinn Féin to sign a petition of concern and block the debate and the vote on the issue.”
“The Minister has said that the DVLA indicated that it would not be possible on the grounds of cost, but he needs to provide the details, not least the exact scale of that additional cost and why it was seemingly insurmountable. The Minister may, I think, have said the other day that Northern Ireland licences are printed on a separate line. Is that the case only because of this difference? If not, what savings could be made if all licences were printed on the one line with the Union flag on it? <BR /> <BR />In the past, the SDLP has defended the Belfast Agreement, as it has done today. Unfortunately, in taking this politically motivated decision, they now seem to be abandoning support for a key principle of that agreement.”
“I realise that this diversity of identity would always have meant that putting the Union flag on drivers' licences would be contentious; that is why the Department would have been commended for showing caution. However, instead of caution, it has shown blatant disregard and indifference to the many people who are now being treated differently. After all, it is the sovereign flag of the United Kingdom. <BR /> <BR />The question has been asked before, but I will ask it again: for the majority of people living in Northern Ireland who identify with the Union flag, why is there no option to have it included on new licences? The power is devolved, so in theory the Minister should have the ability to set the policy. Is the printing of licences non-devolved?”
“That is an important point. It is a major anomaly that what is probably the UK's most widely used identity document was dominated by an EU flag and no other symbol. <BR /> <BR />It is a matter of regret, however, that drivers in Northern Ireland were denied the opportunity afforded to those in the rest of the UK by the Minster of the Environment. The Minister's SDLP colleague, John Dallat, spoke yesterday about how, 16 years ago, 71% of the people in Northern Ireland endorsed the Belfast Agreement, an agreement that, as Mr Eastwood said, recognises the position of Northern Ireland as part of the United Kingdom until the majority of people decide otherwise, something of which I can happily say there is no prospect in the foreseeable future. That agreement allowed people to see themselves as British, Irish or Northern Irish.”
“I support the motion. When the inclusion of the Union flag on new driving licences was announced by Westminster Transport Minister Claire Perry on 30 December, it emerged that, while drivers in England, Scotland and Wales would be issued the new licence with both the Union and European flags, drivers in Northern Ireland would not be treated in the same manner. I echo the comments of Ms Perry:”
“I thank the Minister for his response so far. Does he recognise that the current and proposed filtering processes mean that young people cautioned or given a discretionary disposal for a specified offence will not benefit from filtering, contrary to the youth justice review's assertion that diversionary disposals should not attract a criminal record or be subject to employer disclosure?”
“I remain unconvinced of the Minister's rationale.”
“Thank you, Mr Speaker. <BR /> <BR />This is a value-for-money decision. The Irish-language post-primary school at Dungiven for an enrolment of 14 pupils is unaffordable and would not have been approved had it been any other type of school.”
“I say this to the DUP: what about its claims that it fixed everything in the St Andrews Agreement? What did it really achieve in those talks at St Andrews? Oh yes, the on-the-runs issue was a result of the DUP's good negotiations at that time, too.”
“I thank the Member for his contribution, but not talking about an issue to do with money just because it is to do with the Irish language is not good enough. <BR /> <BR />We have concentrated on the facts and figures. Straw men arguments are a distraction. Even the ministerial advisory group report, which was all about the expansion of the Irish-medium post-primary sector, stated that this project was not viable. <BR /> <BR />Let me refer to the DUP amendment. I am disappointed that that party saw a need to extend the debate away from the core issue, which is value for money. Indeed, the DUP's amendment is certainly a reason for debate in itself, and I advise the DUP to table it. The DUP attacked the Ulster Unionist Party for promoting the Irish-medium and integrated sectors in our backing of the Belfast Agreement.”
“At the cost for a new build of some £2·5 million and a yearly cost of some £600,000 at a time of austerity, for all the wind from Sinn Féin denying the politicisation of the Irish language, it has turned around and done just that. To make his decision, the Minister had to weigh up the advice given and the points contained in the 63 pages of the published report.”
“Parental choice is certainly a very important issue. I agree that it is paramount, but, again, I go back to the reason for the debate, which is value for money. At what cost will this school be delivered? <BR /> <BR />Throughout the debate, I have witnessed the further politicisation of the Irish language. How can the unionist people of Northern Ireland ever be convinced that the Irish language is something that they should take more of an interest in or something that can be valued by more people in Northern Ireland, when purely political decisions are made against all logic? Let us go back to the figures again.”
“<BR /> <BR />St Patrick's College also said that a recent BELB report had shown that there were 537 unfilled places between the eight Irish-medium schools in the primary sector for the 2012-13 enrolment. Should there be a further unsuccessful attempt to establish post-primary Irish-medium provision, it would be potentially harmful for the development of Irish-medium education. Apart from that, the proposal does not acknowledge the provision at St Patrick's College; it counts the number of pupils at St Patrick's feeder schools towards the projected intakes.”
“I understand that Dungiven was not identified as an optimal location. <BR /> <BR />I am surprised to learn that the proposed school in Dungiven has been approved at the risk of damaging a very good school in my constituency of Mid Ulster, namely St Patrick's College in Maghera. Indeed, I am sure that those in St Patrick's College will be disappointed by the MLAs from the Mid Ulster constituency who signed the petition of concern to enable the motion to fall. St Patrick's objections to the Dungiven proposals were overruled. Indeed, the college outlined that previous attempts at Irish-medium post-primary provision in mid-Ulster/greater Londonderry failed due to a lack of pupil numbers. It said that the projected intake did not meet advisory group recommendations, even by year 5. It also questions the long-term viability of the school.”
“Notwithstanding that duty, it is clear that the Minister has acted against advice from the Education and Training Inspectorate and from his ministerial advisory group. The Education and Training Inspectorate said that it was not desirable to deliver the Key Stage 3 curriculum 100% through the medium of Irish even if it could be delivered, which is doubtful. The inspectorate also pointed out that Dungiven is not one of the eight locations provided by the Irish-medium support body for inclusion in the ministerial advisory group's report. Furthermore, the ministerial advisory group's report 'On the Strategic Development of Irish-medium Post-primary Education' of April contained 33 recommendations, one of which concerned the identification of eight Irish-medium planning areas and optimal locations of post-primary schools.”
“By asking for a cross-community vote, those who have signed the petition of concern have said that the motion adversely affects one community. Therefore, they are saying that Irish-medium education and, by extension, the Irish language are the sole preserve of the nationalist community, so they are again politicising the Irish language. <BR /> <BR />Members referred to the fact that, in making the decision, the Minister was upholding his statutory duty to develop and promote the Irish-medium sector. That duty is not unfettered; he has other statutory duties that he must balance. In the development proposal, his Department officials said:”
“No, I am concluding and will continue. Thank you. <BR /> <BR />It forwarded two highly critical responses to the proposal from schools in its area. St Patrick's College in Maghera was particularly critical in a detailed letter to the NELB at the end of 2014. The proposal failed to take into account the potential impact on the current, unrecognised Irish-medium provision by St Patrick's College, which felt that, were a new school to be established, some or all of the pupils from the college's feeder schools would be drawn away from St Patrick's. <BR /> <BR />At this stage, I express my exhaustion at the misuse of the petition of concern. We have been accused of politicising the Irish language: that is complete nonsense.”
“Therefore, supporting this school would mean taking away numbers from other schools. That is why the support did not come from that area. <BR /> <BR />Likewise, the NELB was not a formal consultee. However, because the proposal affects schools in the North Eastern Education and Library Board area, it carried out a consultation and forwarded two highly critical responses from schools in its area —”
“<BR /> <BR />The Minister of Education has driven a lorry load of political agenda through swathes of advice from various sources, including the Education and Training Inspectorate and the ministerial advisory group, and against the wishes of representations via the Western Education and Library Board and the North Eastern Education and Library Board. Sinn Féin and SDLP Members refuted the opposition, but they certainly did not support the proposal. The planning and development officer of the Western Education and Library Board has said:”
“I appreciate the opportunity to wind on the motion, which was introduced to the Assembly by the Ulster Unionist Party. I thank my colleague Danny Kinahan for the fine introduction and all those who made contributions. As my South Antrim colleague said and contrary to what the Minister said, we are not refuting this school's case because of its sector. The Minister has said that he is not closing a school because of its sector, and we are not proposing the non-opening of a school because of its sector. This is not an anti-Irish language motion; it is a value-for-money motion.”
“Do the Member and the Member who intervened not accept that signing a petition of concern has turned the debate and the Irish language into a party political football? The motion was tabled as a value-for-money motion, not as he portrays it.”
“Care in the community is especially important in rural areas, yet each of the trusts is cutting support for domiciliary care. Can the Minister detail how this is justifiable?”
“<BR /> <BR />I am interested in results, and I believe that placing a duty to cooperate will make cooperation more likely and deliver results for children and young people. Sometimes in the House, we vote on legislation that is ideologically motivated; sometimes we vote on legislation because we are maintaining parity with Great Britain; and sometimes — just sometimes — we implement legislation because it is the right thing to do and because it will make life better for the citizens of Northern Ireland. It seems that the principles of the Bill will help deliver better services for children. On that basis, I am content to support its Second Stage.”