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 fair to say that my party was underwhelmed by what was presented in the first draft of the Bill, but we engaged positively at Committee Stage and will support, in general, what we think is the best way forward in terms of amendments, informed by Committee at the scrutiny stage that has just been completed. <BR /> <BR />I will progress through the amendments largely in the order in which they appear on the list. The first amendments are to clause 1 and are about the definition. Amendment No 1 provides support to another Committee amendment, amendment No 8. <BR /> <BR />Amendment No 2, in the name of John McCallister, expands the definition somewhat to include children or young people of different cultural or ethnic backgrounds in addition to what is in the Bill.”
“<BR /> <BR />At Consideration Stage, we have a single group of amendments, but they can be divided into amendments to clause 1 on the definition of shared education, amendment Nos 1 to 7; amendment Nos 11 and 12 to clause 2 on the power to encourage and facilitate shared education; and the rest, amendment Nos 8 to 10 and 13 to 15, all of which are new clauses.”
“I welcome the opportunity to participate in the debate as the Ulster Unionist Party's education spokesperson. The Assembly debated the general principles of the Bill on 10 November. At that point, it was a very short four-clause Bill that provided a legislative definition of shared education and placed a power on the Department and its arm's-length bodies to encourage and facilitate shared education. In addition, it would enact the duty on the Education Authority to encourage, facilitate and promote shared education as provided in the Education Act 2014.”
“As Ulster Unionist education spokesperson, I support the Bill.”
“Regulations and the code of practice will follow, and I welcome, as will fellow MLAs, the opportunity to scrutinise them. <BR /> <BR />I add my thanks to the departmental officials, the Committee Clerk and officers in the Committee and all those who discussed issues in Committee and provided feedback for the scrutiny of the Bill. I have said this before, but nothing shines a light on the issue better than each personal story from a neighbour or constituent who comes into our constituency offices. I sincerely trust that the Bill will reduce problems and increase efficiency in providing good educational opportunities for our children who have special educational needs. Time will tell whether that is a success, and I hope to start hearing a different story in my constituency office.”
“Transitional arrangements and the making of personal learning plans are very welcome; indeed, the issue was discussed at length, and we saw no reason why good practice at one school should not be shared with another school that any child with special educational needs attends, provided that the child or the child's parents agree with that happening. <BR /> <BR />Ask teachers whether there needs to be a better process in place to meet the special educational needs of children at their school. Ask any parent of a child requiring special educational support whether we need to provide that help faster and more efficiently, and you will be told yes, yes and yes. The Bill, which was nine years in the making, will be welcomed as progress.”
“<BR /> <BR />Consistency across all areas of Northern Ireland is another aspect of special educational needs that has been lacking, and I hope that that is something that the Bill will bring. I represent Mid Ulster, where there are families who are choosing schools in one board area over another in a neighbouring area because the statementing process is shorter. That is not exactly something that we want to see continue. The Bill's intention to reduce the time limits for the assessment of need should be a change for the better.”
“Indeed, there is concern and there are questions about whether boards of governors will be adequately trained to provide confidence to parents of children with special educational needs, as well as to reassure those who serve on a board that they will be able to carry out their duty. We will look to the regulations and guidelines that will follow the legislation to ensure that real improvements in the process are realised. <BR /> <BR />I am pleased that amendments were made to the Bill to increase the cooperation between the Department of Education and the Health Department, as well as the safeguards and the checks and balances to ensure that that happens. Of course, the Children's Services Co-operation Bill progressed during the deliberations on this Bill, and that was very welcome in respect of cooperation.”
“The complaints that I have received include these: "Why has my child not been referred for assessment yet?"; "What is taking so long for my child to be assessed?"; "Why is my child not getting the help that he or she needs at school?"; "Why is the process so slow in my area compared with others'?"; "Why is there not enough support for teachers and parents who are dealing with children with special educational needs?"; and "If early intervention is the answer to so many educational outcome problems, why does action for my child take so long?". <BR /> <BR />The Bill places the obligation or duty to look after the special educational needs of pupils on boards of governors.”
“I am pleased and parents and teachers across Northern Ireland will be pleased that the Special Educational Needs and Disability Bill has reached Final Stage. I am sure that every Member in the Chamber has, at one time or another, been asked to assist a child who needs help at school, needs to get a statement or needs to get answers because of a lack of communication or a lack of joined-up action by the people involved in the long and complex process of meeting the special educational needs of children.”
“I thank the Minister for his responses. Will the Minister make a commitment that the aggregated schools budget — the money that goes directly to front-line teaching services in schools — will not be cut in the 2016-17 budget?”
“I thank the Minister for the detail. Northern Ireland food and drink is something that I am very passionate about and that, I think, can be sold very easily. To provide comparisons, can the Minister tell me what the current level of food and drink exports from Northern Ireland is that he hopes to increase by £30 million? What was the spend last year, for instance, on promotions of Northern Ireland food and drink for export? How many exhibitions did we go to last year, given that he wants it to be 10 this year?”
“I thank the Minister for his statement. I want to continue with the Minister's theme of educational underachievement. Do we need another report about educational underachievement? Would it not be better to revisit any recommendations in the series of reports that have been produced on the issue, which date back to the 1998 strategy for the promotion of literacy and numeracy in primary and secondary schools. This is something that we need to move forward on. What is this contract worth and how much is it costing the taxpayers here in Northern Ireland?”
“On behalf of rural dwellers, I was genuinely glad that the Department tabled that amendment, not only because I was considering tabling it myself but because it showed recognition by the Department that it needed to consider things from a rural perspective also. So, with all genuineness, I thank the Minister and departmental officials for that. <BR /> <BR />Overall, this is a good Bill. Perhaps it could have gone slightly further in some regards; in others, however, Northern Ireland is well and truly taking the lead in tackling inappropriate behaviour on our roads.”
“As legislators, it is important that we correlate what looks right on paper with what will work in reality. With the support of party colleagues, and especially the welcome support of the Young Farmers' Clubs of Ulster, specifically their chief executive Michael Reid, I was able to convince the Assembly that introducing a time restriction was the right thing to do. <BR /> <BR />Some months later, it came as a pleasant surprise that, instead of finding some mechanism to try to weaken it, at Further Consideration Stage the Department went further than I had, moving the time back from 10.00 pm to 11.00 pm.”
“Whilst no doubt well intentioned, and even with the exemptions, it was clear to my party and me from the outset that what was being proposed was excessive and potentially detrimental, especially to those in the rural community. A 24-hour restriction would have been felt very differently in Belfast than in rural County Tyrone or Londonderry in my constituency. That is why I tabled an amendment at Consideration Stage. Again, I thank the majority of the House for supporting it. <BR /> <BR />However, it was vigorously opposed by the Minister; he even alleged that it would weaken the effectiveness of the Bill. Of course, he had numbers on collisions and the rough time of day when they occurred, and behind every statistic was personal loss or tragedy.”
“Every death is a heartbreak for every family, and the statistics prove that young people are over-represented in road traffic collisions. Not every collision results in death. Some may be incredibly lucky to get away unscathed or with only scratches or bruises, but many are left with serious, life-changing injuries. Therefore, I really hope that the package of changes that has been agreed has an impact. <BR /> <BR />I thank the Minister for listening to the many concerns raised about the Bill, not least by the Committee, and for agreeing to amendments. I thank the Chair of the Committee, the Clerk and officials for their work during the scrutiny period. <BR /> <BR />Finally, I come to the restriction on newly qualified young drivers from carrying passengers.”
“<BR /> <BR />One aspect of the Bill that I am still disappointed with is the absence of any focus on drugs and driving. There is widespread research and evidence to demonstrate the dangerous impacts of that, and the Bill should possibly have been used to strengthen the law in that respect. I am aware that the PSNI seeks out those who think it appropriate to drive while under the influence of drugs, but I urge the Department, especially as technology and detection methods improve, to keep its options open and, if necessary, to bring forward the necessary safeguards. <BR /> <BR />I welcome the changes made to driver education and testing. It is a tragedy the number of young people who have lost their lives on Northern Ireland's roads.”
“There are few more selfish things that a person can do than consume alcohol to the point that it impairs them, then get behind the wheel of a motorised vehicle. The slightest lapse in judgement or concentration can have life-changing consequences, so even with reduced limits, I remind young drivers in particular that there is no safe limit on drinking alcohol before driving. <BR /> <BR />An aspect of the Bill that I strongly welcome is a graduated penalty regime that will reflect the level of alcohol involved in an offence. While some people make mistakes, and work is still necessary to inform people about the limits and how a night's sleep is not a magic bullet, I now hope that those who consciously get behind the wheel while seriously intoxicated face the full rigour of this Bill and the new penalties that it introduces.”
“I very much welcome the opportunity to support the Final Stage of the Road Traffic (Amendment) Bill as the Ulster Unionist environment spokesperson. Whilst much of the debate in the Assembly is focused on one specific aspect of the Bill, we must not overlook the fact that this is the most significant Bill relating to road safety in many years. Therefore, I congratulate the Minister and the departmental officials, who spent so long on getting it here. <BR /> <BR />It is a wide-ranging Bill that touches upon many issues that cost the lives of too many people, especially young people, on our roads. I strongly support the changes that the Bill makes to drink-driving law.”
“Mr Agnew's amendment — amendment No 2 — refers to the preparation of a transition plan, which seems perfectly reasonable. I listened to the Minister's response on that and welcome his support. It was raised at Committee Stage. There was a suggestion that the Department had issues with it and that it was already covered in legislation, so maybe we could have clarification on that. If not, I am happy to support the amendment. <BR /> <BR />That concludes my short remarks on the SEND Bill. I support the progression of the Bill.”
“I welcome that clarification and simplification for those who will be interpreting the legislation.”
“I assume that amendment No 1 aims to find that balance. It also removes a reference to the pooling of resources that was referenced previously, but which is now covered by the recently passed Children's Services Co-operation Act. <BR /> <BR />Amendment No 3 from the Education Minister seems to be restricting the type of treatment of service that should be made available to the child or young person with special educational needs. I assumed that the Minister or the Department of Health, Social Services and Public Safety did not like the reference to "therapeutic" treatment, as it may not be covered by the Department of Health's remit. This evening, the Minister clarified that "therapeutic" treatment is too vague and might leave the possibilities open to interpretation.”
“I welcome the opportunity to speak on the Further Consideration Stage of the Special Educational Needs and Disability Bill on behalf of the Ulster Unionist Party. I will also be brief. As many others have said, it seems that the amendments tabled at this stage are solely tidying up the Bill following the amendments that were made at Consideration Stage. <BR /> <BR />Amendment No 1 changes the reviewing mechanism that is being carried out jointly by the Education and Training Inspectorate and the RQIA, and to a period of every three years instead of every two years. I expect that that fits better with the responsibilities of both those bodies. The Minister confirmed that when he spoke. As legislators, we need to find a balance of creating better scrutiny of work and improved checks and balances, without increasing bureaucracy.”
“<BR /> <BR />In relation to amendment No 6, there seems to have been confusion among departmental officials with regard to the powers of national security. Initially, I was disappointed that the Department thought of this at a late stage, but now they think that it is catered for in other environment legislation. As a result, there has been little detail and, effectively, no discussion within the Committee on the clause. In any case, I accept that the Executive and the UK Government need to act in a manner that must not compromise national security. <BR /> <BR />That concludes my remarks. We support the amendments being moved today.”
“The Committee and the Assembly will need to pay particular attention to any attempts through the regulations to broaden the scope beyond what is currently agreed. However, I am glad that, through amendment No 1, the Department has agreed to tighten the language regarding consultation. I also welcome the amendment to schedule 1. <BR /> <BR />Despite it being an enabling Bill, I am glad that the Department has, through amendment No 2, realised that it was quite an oversight not having an agreed and stated broad policy intent. I am content to support amendment No 3 and await the wider review regarding powers of entry, as well as the code of practice being laid before the Assembly, as mandated by amendment Nos 4 and 5.”
“I welcome the opportunity to comment on this legislation. It is a difficult Bill to get a definitive assessment of. As has been mentioned, it is very much enabling legislation, with much of the detail and powers coming through the subordinate regulations. I am always concerned, however, about attempts by Departments to pass primary legislation that effectively gives them a free run to do what they wish. We have only to think of the recent examples in education such as the attempted ESA carte blanche powers and, ultimately, the failed power grab by that Department. <BR /> <BR />Whilst I fully appreciate that the Department of the Environment wants to keep the Bill flexible, I again express concern about clause 1.”
“I thank the Minister for that response. I appreciate the work that has been put into Mid Ulster thus far. Going forward, we need to keep progressing and looking to see how we can make improvements in Mid Ulster. Access to the constituency of Mid Ulster is now improving with the A6 etc, but we need to ensure a good flow of traffic in Mid Ulster. Considering that 27·5% of jobs in Mid Ulster are in the manufacturing industry, compared with 11% for Northern Ireland overall, it is really important that we ensure the flow of traffic. Will the Minister consider upgrading the importance of the A29 from a link corridor to a key transport corridor in her priorities?”
“I thank the Minister for the detail on the A6 this afternoon. Can she confirm that her Department has been working with the landowners along the A6 in the Moneynick/Castledawson area and that it has been able to find satisfactory resolutions with all the farming businesses there?”
“I am sure that the people of mid-Ulster will welcome the news that the A6 is progressing to yet another stage, and I hope that the remainder of the money is forthcoming in the next financial year. I welcome the responses to all the questions so far. Does the Minister foresee any problems for daily commuters along the A6 while the project is under way?”
“OK?" That is what we, as legislators, must see through.”
“Those answers have been replicated with a very minimalist approach to cyberbullying in the legislation. This issue requires closer scrutiny at Committee Stage. We also need to see the supporting guidance to the Bill. What form will the guidance take? Who will write it? When will it be finalised? Realistically, will it be available before the end of March 2016 when the Assembly will be dissolved? <BR /> <BR />I am glad to see this legislation making progress and I look forward to contributing to the Committee Stage. There were nearly 5,000 responses to the consultation, with 85% from pupils. I will leave the last word to one of those pupils, who wrote to the Department. Angus, a six-year-old, in responding to question 8 under "Any other comments" in the children's version of the consultation document, simply wrote, "Stop bullying.”
“I have been contacted by local schools and concerned parents seeking clarity on the responsibilities and powers that schools possess in relation to cyberbullying that occurs outside school premises and school hours. <BR /> <BR />I recently asked the Education Minister to provide clarity to parents and teachers with regard to the responsibilities in taking action on cyberbullying. He replied:”
“That does not appear to take cognisance of cyberbullying, which nowadays could be carried out on Internet-enabled devices provided by the school but used outside school hours. I understand that advice on cyberbullying is to be included in the legislative guidance that will accompany the new law. I would like to know more about that. Cyberbullying is a growing problem in our schools, aided by the fact that young people can now have virtually constant access to the Internet and bullies can target victims at any time of the day or night. Traditionally, bullying might have taken place in the playground or elsewhere on school premises, allowing schools to take action to tackle the problem once detected. With cyberbullying, the problem becomes more complex.”
“<BR /> <BR />The consultation document suggested that a particular governor would be designated as the responsible person for a school's anti-bullying policy. That could, conceivably, have fallen to a lay governor, which would have radically changed that role and raised capacity challenges. If it were the responsibility of the teacher representative on the board of governors, who may already be charged with child protection and safeguarding duties, questions would have been raised about the increasing administrative and non-teaching burdens falling on teacher-governors. However, I notice that the suggestion that one person on the board of governors should be responsible for a school's anti-bullying policy has not been carried forward into the Bill. <BR /> <BR />This legislation aims to apply to bullying by pupils only:”
“What exactly are the financial effects of the Bill when broken down? Is it not the case that the current C2k school information management system has a facility for teachers to record pupil behavioural issues? Seven years ago, there was a pilot scheme to assess the usefulness of a specially created module within that IT system to record bullying incidents. I hope that lessons learned in that pilot can be used and a common and consistent reporting method incorporated into the C2k system. <BR /> <BR />The definition of bullying in clause 1 deserves further consideration. As it stands, it appears that any example of aggressive behaviour by a child in school or any playground scuffle between two pupils will be recorded as a bullying incident. We require further examination of that.”
“That is commendable, but it also shows the high level of importance attached to tackling bullying and the strength of feeling among our young people that bullying must be eliminated. <BR /> <BR />I note that the Bill is a short Bill, with five clauses. It provides a definition of "bullying" that includes a reference to electronic communications. It defines the responsibilities of a school's board of governors, sets out the duty on a board of governors to keep a record of incidents and to ascribe motivations to incidents. All of that is to be recorded, and it is estimated that adapting and maintaining the IT system for that will cost in the region of £40,000, which is to be found out of existing budgets. I would like the Minister to expand on that. What exactly are those IT requirements? Will extra training be required for school staff?”
“That review informed the Department of Education's public consultation exercise, which was carried out in January and February 2015. I recognise the good work of the Northern Ireland Anti-Bullying Forum in schools across Northern Ireland. Indeed, the PSNI is also keen to be proactive on the matter. In fact, I was speaking to the police today about a case in my constituency. I find that my local schools want to address bullying, and they will welcome updated legislation. <BR /> <BR />The Ulster Unionist Party made a written contribution to the public consultation process in spring of this year, and the Bill is the product of that process, which received almost 5,000 responses. It must be noted that 85% of the respondents were young people.”
“On behalf of the Ulster Unionist Party, I welcome the progression of the Bill to address bullying in grant-aided schools to its Second Stage. Saying that is not in any way to suggest that grant-aided schools do not already address bullying. However, it is surely right that we as legislators make sure that the law is clear and right up to date, particularly in the light of recent technological innovations and the omnipresence of the Internet in education. Cyberbullying requires particular focus. Advances in technology are so fast, and they need to be embraced rather than ignored. <BR /> <BR />I place on record my appreciation of the work of the Northern Ireland Anti-Bullying Forum over a number of years. As the Minister mentioned, it produced a review of anti-bullying policies in local schools in 2013.”
“I thank the Minister. I am sure that we will question him again in the new year on that. Will the Minister add his weight to the process and ensure that all paperwork is in order and all checks and balances are in place for releases and, importantly, returns? An important issue that I have raised with the Minister before is the need to ensure that victims and relevant families are informed about each prisoner who is being released.”
“I thank the Minister for that information. Obviously, I welcome the recent allocation of £40 million, but, as the Minister rightly said, there was far more money awarded last year, yet the situation continued to worsen. Aside from temporary reprieves, what has he done to get to grips with the escalating costs?”
“Apologies for the slip; I do not know what happened to me there. Once again, the Assembly will be forced to rush through a Budget. Does the Minister agree that this is an extremely unfair way to work, given the uncertainty that it provides for so many organisations, such as local environment organisations?”
“Indeed, it is a very difficult decision to make, and it is important that a correct balance be struck between road safety and mobility. Young farmers' meetings, GAA training, football matches and social events all could have been squeezed by the 10.00 pm restriction. It is my hope that today's amendment tabled by the Minister addresses that point. In addition, it should cut down on the prospect of young drivers rushing home, potentially speeding and driving beyond their means in order to be home for 10.00 pm. <BR /> <BR />I welcome today's amendment, as well as the minor technical change. I look forward to working with the Department and the Minister as they embark on what will have to be a major public messaging campaign.”
“<BR /> <BR />I was pleased to receive strong support for my amendment, before and after it was voted on, from important organisations, including the Young Farmers' Clubs of Ulster. In the months that have passed, however, I have continued to speak with those bodies and with people living in rural areas, and it is clear that, although they still support the principle of putting a time limit on passenger restriction, they feel that the 10.00 pm slot should be put back by a further hour. In recent weeks, I met officials from the Department. I thank them and the Minister for making themselves available. The issue of 10.00 pm versus 11.00 pm was raised. I appreciate that the Minister is trying to put clear blue water between the riskiest hour and the young drivers who are trying to get home.”
“That, in my opinion, struck a balance between cutting down on the late-night incidents that tragically result in multiple fatalities or injuries and allowing our young people the freedom to travel to and from school, college and work. <BR /> <BR />Of course, before it was amended, the Bill was going to have a hugely different impact on young people, depending on whether they lived in an urban or a rural area. Those in urban areas have the advantage of being close to Northern Ireland's public transport infrastructure system. If they were not allowed to carry passengers or be a passenger, they would still have the option of getting the train or bus. In many rural areas, those options simply do not exist. Therefore the Bill was potentially going to make living in and getting around rural areas more difficult than it is already.”
“This is an ambitious Bill with much to be welcomed, not least the proposed changes to driver training and testing. I was concerned, however, that, in its rush and desire to bring forward an all-encompassing Bill, the Department of the Environment had gone a step too far with the restrictions on new young drivers carrying passengers. Although it at least tried to add several valid exemptions, such as family members, I came to the conclusion that those simply did not go far enough. It was for that reason that I took the decision to table an amendment at Consideration Stage. My amendment — I am still grateful to the majority of the House for supporting it — limited the restriction on carrying passengers to a period from 10.00 pm to 6.00 am.”
“I welcome the opportunity to speak at this stage of the Road Traffic (Amendment) Bill. I welcome its continued passage through the Assembly, and I really hope that the changes that it proposes prove themselves to be effective mechanisms for tackling and reducing the absolutely tragic loss of young lives on our roads. We should take the time to remember the families of all those whose lives have been taken on our roads. I think of those in mid-Ulster, and I extend my sympathies to the Member opposite on the tragic death of his niece. <BR /> <BR />I have no doubt that the other regions of the United Kingdom are watching this legislation closely. It is always a positive, I feel, when this Province takes the lead on major policy issues and those are then followed up on by England, Scotland and Wales.”
“That is not good for parent-teacher relationships, and it certainly is not a satisfactory outcome for all children requiring special educational needs provision. <BR /> <BR />Should the Bill proceed past this stage, as I expect it will, it will not be the end of the process. The road ahead has many additional pieces of information to consider in the regulations and the code of practice, as well as the further stages of the Bill. In the meantime, the Ulster Unionist Party supports the passing of this group of amendments.”
“I am not sure whether the Minister and his Department were trying to chance their arm by not including such back-up or scrutiny measures, but, in the end, he agreed, so I will say nothing more except to welcome it. <BR /> <BR />To conclude, it has been a steep learning curve for me during the Committee Stage of the Bill, but nothing shines a light more on the detail than each personal story that is brought into our constituency offices. I thank each parent and teacher who thought of asking me for help in their situation. Of course, schools face huge difficulties with the current system. We hear of instances of a school principal having to choose between children — which child has the higher need — because they are only allowed to refer one child in each academic year.”
“The Department gave assurances that there would be regulations setting out the qualifications for the role of the learning support coordinator. Furthermore, we were concerned that there had not yet been the opportunity for public scrutiny of other regulations. We are aware that the reduction in the number of stages in the assessment process will be the subject of secondary legislation and a revised code of practice. I, therefore, feel that amendment No 12 is necessary to ensure that any secondary legislation is properly scrutinised, examined and debated and that the Assembly procedure should be changed from negative to draft affirmative.”