Danny Kennedy
Newry and Armagh · Ulster Unionist Party · Northern Ireland
“<BR /> <BR />I know the circumstances that we are in, but my hope is that departmental officials will continue to explore these issues and find solutions so that, at the earliest point, those solutions can be delivered to my constituency and to the people who have such frustration with the lack of service.”
“This situation is also prevalent in other rural areas of Northern Ireland. People in areas such as Lissummon, Ballygorman, Cladymilltown, Altnamackan, Loughgall, Mullaghglass and countless others, unfortunately, all of which are located in my constituency, find themselves in a position currently where they are provided with little or no e…”
“I, with others, receive regular contact from my constituents on this issue. It is abundantly clear from the representations that I receive that the lack of broadband provision, particularly in rural areas, impacts in many ways on families and businesses that reside in various locations across the constituency.”
“Madam Principal Deputy Speaker, I thank you and the Business Committee for affording me the opportunity to debate the issue of broadband provision directly relating to my constituency of Newry and Armagh. I also place on record my good wishes to you as you leave the House, and I wish you well for the future.”
“The lack of high-quality broadband, for instance, has an impact on the ability of many rural businesses to function efficiently, placing them clearly at a disadvantage to other competitors in their particular field.”
“I could continue to detail many more circumstances, but I want other Members to contribute and to hear what the Minister has to say. I take this opportunity to make an impassioned plea to the Minister to pursue, within a quick time frame, the network improvements that are so clearly required.”
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“There are alternative ways of dealing with surface water in order to reduce the volume or rate of flow. SUDS can take the form of hard, engineered solutions, such as large tanks to hold surface water for longer before releasing it to watercourses or for treatment, or soft SUDS, which include shallow ponds, trenches and planting, which also slow the flow of surface water. England and Wales experienced difficulties in implementing SUDS, particularly in relation to adoption and maintenance, and now link SUDS with planning consent instead. Local government reform in Northern Ireland will present councils with the opportunity to make progress in this area. The Bill includes powers for NI Water to require developers to construct hard SUDS schemes.”
“In recent decades, developments have been required to have separate foul and surface water sewers, but these separate sewers are often simply connected to the public sewer. As a consequence, NI Water ends up having to pump and treat surface water, which has an impact on costs. NI Water spends well over £30 million every year on energy. High volumes of surface water can increase the risk of flooding and pollution. NI Water can refuse a connection to its network only if it would prejudice the public sewers or if construction standards are not met. The Bill adds to these circumstances to enable NI Water to refuse a surface water connection if suitable alternatives are available or could reasonably be provided. <BR /> <BR />This brings me neatly to the topic of sustainable urban drainage systems (SUDS).”
“The Bill will address this problem. My proposals mean that there will be no automatic right to connect a private sewer to the public sewerage network unless the developer has entered into a sewer adoption agreement. Developers will be guaranteed a sewer connection only if they meet all of the terms of the adoption agreement, they construct the private sewerage to appropriate standards that NI Water can then adopt and they enter into bond arrangements. <BR /> <BR />The Bill promotes sustainability, reducing surface water connections to the public sewer network and encouraging developers to manage it in other sustainable ways. As Members may be aware, for historical reasons, much of Northern Ireland’s sewerage infrastructure is combined: it carries foul and surface water.”
“Regulations made under that provision would be subject to affirmative resolution. <BR /> <BR />The Bill addresses concerns previously highlighted by the Committee for Regional Development in its 2012 inquiry into unadopted roads. As things stand, developers construct private sewerage systems, and, whilst most seek to construct them to appropriate standards so that NI Water can adopt them and take responsibility for the sewers, there is no obligation on it to do so. That means that, if developers do not complete the sewers, which has happened over recent years as a result of the economic downturn, or do not construct them to the proper standards, residents may be left with responsibility for that private sewerage system. This can present a public health risk and lead to significant expense to put matters right.”
“Those plans set out how the company will manage water resources for future supply needs and environmental protection during periods of drought. <BR /> <BR />The Bill will remove much of the administrative burden and reduce costs. Under my proposals, NI Water will produce a single overarching plan — a water resources and supply resilience plan — every six years. That will coincide with six-year price control funding periods. The consolidated plan would be subject to a review every two years. <BR /> <BR />Importantly, the Bill includes a power to make regulations to amend the existing legal requirement on NI Water to install water meters at domestic properties that are connecting for the first time to the public water supply. Installations have been costing NI Water some £137,000 every year.”
“<BR /> <BR />The Bill also includes a power to make further extensions to the payment of the subsidy power, if necessary, by way of subordinate legislation, which would be subject to affirmative resolution. Members may recall that two Acts, passed in 2010 and 2013, have already been required to extend the subsidy-paying power. The new power to make further extensions by subordinate legislation would provide some flexibility and enable any future extensions to be made more quickly and efficiently. <BR /> <BR />The Bill further introduces powers to streamline the process for NI Water in relation to drought plans and water resources management plans. The Water and Sewerage Services (Northern Ireland) Order 2006 requires NI Water to prepare a water resources management plan every five years and a drought plan every three years.”
“The Executive approved proposals for the Water and Sewerage Services Bill on 15 January 2015, and its introduction was agreed on 8 June. I introduced the Bill on 16 June, and, now that it has reached its Second Stage, I will set out its components in more detail. <BR /> <BR />The Bill deals with six main areas, covering the subsidy payment, governance and environmental measures. It also includes a number of practical powers to make subordinate legislation. Importantly, the legislation makes good the Executive’s commitment not to introduce household water and sewerage charges within this Assembly mandate, and it flows — no pun intended — from the one-year extension in this mandate.”
“<BR /> <BR />The purpose of this order is to provide for the formal revision of the commissioners' harbour limits. The order has been subject to a 12-week public consultation, which ended on 23 February 2015. Only one response was received during the consultation process, and that supported the legislation. I am grateful for the consideration given to the proposal by Executive colleagues and for the consideration given to the matter by the Committee for Regional Development. In addition, the Examiner of Statutory Rules has considered the order and has not had any formal comments to make in his sixteenth report of this session. This has allowed the order to proceed to today's debate to seek affirmation. I, therefore, commend the Londonderry Harbour (Variation of Limits) Order 2015 to the Assembly.”
“In 1992, the Londonderry Port and Harbour Commissioners resolved, through an administrative measure, to abandon their jurisdiction of part of the River Foyle. Since the Craigavon Bridge was built in 1933, the part of the river between Craigavon Bridge and Lifford Bridge has been inaccessible to port traffic and of no commercial benefit to the commissioners. Therefore, the commissioners decided to amend their limits of jurisdiction. However, while the commissioners introduced this administrative measure, that in itself was insufficient to legally alter the harbour limits, so it was recognised that formal legislation was required. The commissioners did not bring their decision to the attention of my Department and, once it came to light, my officials worked closely with the commissioners to prepare the order.”
“I think that the Member's reference is a veiled one to the comment that I made earlier about it taking money to buy whiskey. It does indeed. At this stage, even watered whiskey would be a help. That might be of some benefit. <BR /> <BR />My Department's officials will continue to work with the groups and transport providers out there to try to manage the situation and offset some of the impacts that we are already aware of to front-line services. The important thing is that it is ultimately about the customer. People will debate whether it is proper for reserves to be used in such situations. Will their use reduce any negative impact that there is on people who use the service? If the answer to that is yes, and I believe that it is, we have got to stretch ourselves to do that.”
“I thank the Member. She has been assiduous in trying to raise concerns on the issue. <BR /> <BR />I have to say that, in view of the severe budget outcome — I have outlined this in the recent past — I was forced to reduce funding in that area by some £2 million. I believe that, through continued efficiencies and use of all the financial resources available to them, providers should be able to minimise the impact on service users. I have bid for additional funding in the June monitoring round to mitigate further the impact on services. Those decisions were not easy or soft options in any way. We have sought to mitigate their impact as much as possible. We will continue to work with the groups that provide those important services to see whether we can further alleviate the impact.”
“That will obviously be an absolute last resort, but, in the absence of affording proper materials for them to do their job, it does rather put staff in a very difficult and challenging position. They have to deal with the frustrations that are being expressed by the general public. Indeed, I think that all constituency offices and advice centres, including my offices in Markethill and Tandragee, are subject to people raising legitimate concerns and complaints about the lack of road maintenance and associated work. I hope that that message can trickle down not only to the Assembly but to the Executive to get them to move on, unblock the financial issues and move forward in such a way that we can properly fund front-line services.”
“I say to the Member that this is hugely frustrating for my officials and other staff throughout my Department. I have taken the opportunity to meet front-line service staff in the Armagh area and the Antrim area, close to the Member's constituency, to hear at first hand their frustrations and about the impact on morale. These are highly dedicated and professional staff who want to carry out and provide the best possible service, and the maximum service, when it comes to grass cutting, gully emptying, street lighting and road defects. It is hugely frustrating for them to find themselves in this situation. <BR /> <BR />There have not been any lay-offs at this point.”
“I am grateful to the Member for his question. He will have heard me consistently say that this is not the service that I want to provide as Minister, nor do I believe that it is the service that people expect, but I have to say that the skeleton service that I have in place, which is at financial risk, even at this point, is the maximum that I can provide without further relief. I appeal to him again to use his considerable political influence within his party and therefore on the Executive to ensure that, either through June monitoring or through other sources, the Department can be properly and fully funded for the important front-line services that it undertakes.”
“I am grateful to the Member for his supplementary question. I can say that the five reservoirs where work has been completed are progressively refilling naturally. Of course, the rate of refilling depends on weather and rainfall. I can be challenged about many things, but providing additional rainfall is probably not one of them. The same principles will therefore apply on the remaining two: Copeland and Lower South Woodburn. We hope that that will deal with the situation.”
“I am grateful to the Member for his question. NI Water has advised that there are seven reservoirs in the Carrick area that are being refurbished as part of an ongoing routine maintenance programme over the past 18 to 20 months. Water levels have been lowered in the reservoirs to allow that work to progress. Work on five reservoirs has been completed, and work on the remaining two — Copeland and Lower South Woodburn — is due to be completed by the end of July, after which they will be refilled. Again, the rate of refill will depend on the weather.”
“I am not in a position to confirm that at this stage. We are still working through some of the detail. I could be uncharitable and say that some of the delay issues were caused while he was Minister for Regional Development, but I will not do that. We will continue to see what progress can be made on the A5 scheme.”
“I am grateful to the Member for his question and welcome him back to the House, perhaps unadvisedly as a constituency colleague. <BR /> <BR />I am currently processing the situation around the A5 and the new statutory approvals that need to be issued, and I hope at some stage to update Executive colleagues on that situation.”
“I am grateful to the Member for his positive comments on the scheme. Indeed, I want to endorse them and will certainly relay them to my officials, the consultants and the contractors. There will always be ongoing issues in matters of finer detail. Those charged with carrying forward the scheme on the ground hope to continue to resolve such issues as easily and practically as possible. This is a scheme of huge benefit to the east Antrim area and that region, and I look forward to seeing it finalised as quickly as possible.”
“I am grateful to the Member. I confirm that work is progressing well on the A2 Shore Road scheme at Greenisland. Work on upgrading three and a half kilometres of single to dual carriageway began in March 2013 and is programmed for completion in September of this year. Along the online section of scheme between Jordanstown Road and Station Road, the new carriageway in the Carrickfergus-bound direction has been substantially constructed and a contraflow traffic arrangement is currently in operation. The existing road is now being reconstructed to become the Belfast-bound carriageway. That work is nearing completion, and, later this month, traffic will revert to it while the final surfacing is completed on the Carrickfergus-bound carriageway.”
“I note the Member's comment, and I recall the meeting. The issue is not so much the structure or soundness of the bridge but its aesthetic value. I wish that I was in a position to worry about the aesthetics of the services I provide, but I will engage with him, and perhaps we can meet to discuss the issue further. Tarting up bridges is not so high a priority as maintaining bridges and ensuring that their structure is sound and remains safe.”
“I am grateful to the Member, and I accept, even as a backhanded compliment, the reference to me as a bridge-builder. The Member has raised this through correspondence. It is not so much a topical question as a typical question. We will provide an update with the detail as quickly as possible.”
“I am grateful to the Member, and I join with other Members to congratulate him on being a recent recipient in the honours system. Enjoy the moment. <BR /> <BR />I am aware of the scheme that the Member speaks of. Indeed, there are a clutch of other similar schemes for improvements that would give considerable benefit to areas and, indeed, communities. It was always my intention that we would somehow create a pocketful of money to carry out schemes of that nature. That might even perhaps be useful to improve the reputation of the Assembly and the Executive for what they are able to deliver, but the financial situations we find ourselves in are very constrained. Whilst that scheme remains active on the books, we are not able to indicate at this stage how quickly it will further develop.”
“I am grateful to the Member for the point that he raises. I understand it entirely, and it appears that, from an engineering point of view, that is the case. Clearly, it would be sensible that two schemes could run parallel to each other. I say to him directly, and not in any aggressive way, that I think the difficulty and challenge will be, clearly, that the financial implications of both in terms of capital are substantial. We will have to look at those issues and other capital projects, which have also been waiting for some considerable time. Members will be quick to raise particular capital projects that are of interest to them. I understand the point he has raised, but I see challenges in bringing forward a track scheme of that nature in the immediate period that we are facing.”
“The scheme has already received EU funding towards design development. I am hopeful about being successful in attracting further EU funding for construction. I continue to engage with EU officials to secure further funding for this and other important projects. <BR /> <BR />If there were to be any cuts to my capital budget as a consequence of the current austerity measures, I would, of course, have to review the capital programme, including the Yorkgate interchange. However, any decisions would be informed by the extent of budget reductions and a review of the progress on schemes and capital commitments existing at that time.”
“My Department has a capital allocation of £328·3 million in 2015. That is some £70 million less than projected expenditure in 2014-15. However, we are still taking forward a substantial capital programme. I am pleased to inform the Member that development work on the York Street interchange is progressing well. This important project will alleviate the existing bottleneck on the strategic road network, which affects the M1/Westlink, M2 and M3. It will reduce congestion, improve the reliability of journey times and improve access to the regional gateways from the eastern seaboard corridor. <BR /> <BR />A considerable amount of work is required to take the scheme through the public inquiry process, scheduled to start on 10 November 2015, and the necessary budget has been set aside in this financial year to complete this task.”
“I am very grateful to the Member for his question, lest anybody think it was a plant. <BR /> <BR />In the past two years, over £240,000 has been directly invested on bus and rail in north Down. This year, some £1·5 million will be invested, including £1·1 million for Bangor park-and-ride. Additionally, this year around £5·6 million will be invested in a number of other projects across the wider bus and rail programmes, which will benefit north Down. I hope the Member draws comfort from that.”
“I am grateful to the Member. I do not think that the notion of me losing sleep would appeal to any Member; therefore, I am comforted by his remarks. There have been issues in getting phase two under way, but we are now in a better position and are moving forward. We will have the work undertaken, begun and completed hopefully in time and in budget. I think it will benefit hugely the increasing numbers of people who want to use the rail service between not just Coleraine and Londonderry but Belfast and Londonderry. We have seen remarkable and astonishing figures in relation to that — an increase of 12% over the past year — so we are doing the right thing, and we will continue to work at it until it is satisfactorily and fully finished.”
“My expectation is that we will receive sufficient to ensure that Coleraine/Londonderry phase two is completed and paid for.”
“I thank the Member for his mild encouragement. I appreciate it. This is a priority not only for my Department and Translink but is an Executive commitment. I am not sure where he got the idea that it might slip into a third financial year. As he will know from previous statements that I have made, the works are due for completion by the end of next year, and I very much anticipate that that target can and will be met. <BR /> <BR />Obviously, whilst budgets are not set for next year, let alone this year — let us not even go there for this question — it is inconceivable to me that I would receive nothing. I know that sometimes I am Oliver Twist, in that I am always looking more, but to receive nothing would be jolly unfair.”
“It confirmed that there might be limited interest in the signalling procurement due to the scale of railway investment being carried forward in Great Britain. Translink has now awarded the contract to Babcock, which is a company renowned for its engineering excellence. <BR /> <BR />The overall cost, at £46 million, is higher than originally envisaged but reflects the market that we are competing in. The profile of expenditure on the Coleraine to Londonderry project is such that there will be no additional budget requirement in this financial year. As you will be aware, budgets beyond 2015-16 have not yet been agreed. I will be prioritising this project in my capital planning for the next budget period to provide cover.”
“My commitment to the Coleraine to Londonderry rail line has always been clear, and I have worked hard to ensure that the line has remained open. The project is a key Programme for Government commitment and is evidence of the Executive’s determination to invest in our rail network. It also signals our continuing commitment to invest in the north-west and improve connections and frequency of service between Belfast and Londonderry. <BR /> <BR />In November 2014, I commissioned an independent review of the project following concerns that the original cost estimate for the scheme was significantly underestimated. The outcome of the review provided me with the assurance to press on with the project.”
“I thank the Member for his question. It will be incumbent on me to protect NI Water and the Department against any such proceedings, but, again, we are down to the issue of finance. We have to ensure that the infrastructure work that needs to be done on the ground to upgrade water and sewerage facilities is made available so that we can avoid any situation, anywhere in Northern Ireland, in which there is a risk of infraction proceedings. Those things are taken seriously in Europe, and they are taken seriously by DEFRA and the UK, and let me assure you that they are also taken seriously by me and NI Water.”
“Meeting our European obligations is a key priority in social and environmental guidance, and the Commission expects those obligations to be met in a timely manner. As a result, Ballycastle has been identified as a priority for NI Water. The timescale for completion of the upgrade, subject to satisfactory completion of the procurement and construction processes, would be late 2017. That information has been communicated to DEFRA and the Commission, and, to date, the proposed way forward has satisfied the Commission and no further action has been taken.”
“It is very easy for the Member to say that it is an abject failure on the part of the Department. Actually, it is not. I am happy to update him now on the current situation in respect of Ballycastle waste water treatment works. I got a sense from his question that he was hoping for infraction proceedings. I am actively working to make sure that we are not subject to infraction proceedings, and that includes the Ballycastle situation. <BR /> <BR />Ballycastle waste water treatment works is one of 17 sites throughout the UK that is the subject of infraction proceedings by the European Commission for failing to meet objectives under the urban waste water treatment directive. It is the only one in Northern Ireland.”
“Should the situation continue, it may adversely impact on NI Water's ability to build on its success in improving on its performance. It is clearly an area of concern, and I will continue to bid for additional funding for NI Water through monitoring rounds.”
“<BR /> <BR />NI Water will strive to continue to meet its environmental obligations over the next three years. However, due to the reduced funding allocations received by my Department, I am unable to fully fund the determination made by the Utility Regulator in relation to the levels of investment required in water and sewerage infrastructure for this financial year.”
“Northern Ireland Water’s environmental compliance has steadily improved over the last seven years. This has led to NI Water achieving the best ever waste water compliance in recent years of 98%, which can be attributed to significant investment in sewerage services and improvements to the management and operation of waste water assets. The number of pollution incidents attributed to NI Water over this period has also declined significantly. <BR /> <BR />The NI Water business plan for the price control 15 (PC15) period, which runs from 2015 to 2021, sets out the approach for NI Water to continue to improve its compliance and meet environmental obligations over the next six years. This approach is based on the DRD 'Social and Environmental Guidance for Water and Sewerage Services' that I launched in 2014.”
“I am grateful to the Member for her question. Basically, it is one thing to bid in June monitoring for additional funds; it is another thing to receive them. That is the challenge. There is no guarantee. Simply, a bid does not do it in and of itself; it needs to be followed up. Talk is cheap, but it takes money to buy whiskey.”
“We are in a dire financial situation, and it is time for parties around the Executive table and parties in the Assembly to face political and financial reality, and that includes your own party.”
“I am grateful to the Member for his supplementary question. I understand and entirely agree and want to pay tribute to all the providers of community and rural transport services. They fulfil an important task, and the Assembly, the Executive and the Department need to ensure that they are properly and fairly funded. We have sought to do that. There are challenges, and we have made a bid to the June monitoring. However, I am getting smoke signals from the Department of Finance and Personnel, and from around the Executive table, as to whether, first of all, we can agree a Budget, let alone whether there will be any moneys available for June monitoring. Frankly, I am in Old Mother Hubbard land here. We are already providing services at financial risk, and we can see the skeleton service that is available.”
“We are bidding, as I have indicated, for capital and resource to address the situation, and it would be very helpful for the Member and his party to support those bids.”
“I am grateful to the Member for his supplementary. He will know that there are significant pressures on capital schemes in NI Water. As well as the Duncrue one that he mentioned, there is an issue at Sicily Park and other places. <BR /> <BR />We need to ensure that proper capital and resource funding is made available to NI Water; otherwise we face considerable infrastructure issues that are not in anybody's interest. The Utility Regulator has set out the bare minimum that she wants and expects us to meet in the water and waste water services that we provide, so it is important that we address that. I have done as much as I can within the current financial limits open to me to ensure that that happens. There is still a shortfall.”
“They include a £14·8 million bid for a skeleton service for street lighting, road maintenance and to fund the winter service for the at-risk period and the remainder of the year. There is a £6·6 million road maintenance minimum requirement for traffic, patching and routine maintenance, including for the operations and maintenance division and its overheads. That is in addition to the skeleton service bid. There is £2 million to cover street lighting, including restoring normal service, for inspection and testing, and for repairs and maintenance to electrical and structural hazards. That is also in addition to the skeleton service bid.”
“I am grateful to the Member, and, as I indicated in the initial response and the previous response, the brunt is, unfortunately, being borne by Transport NI. Its resource budget has a shortfall of £38·5 million compared with the 2014-15 opening budget and a further shortfall compared with the funding required for an optimum service. As a result, the budget is sufficient to fund only the street lighting and traffic signal energy requirements and associated electrical inspection and testing requirements. I have, therefore, agreed that Transport NI should undertake a skeleton road maintenance at-risk service until the bids can be made in June monitoring. Transport NI has submitted resource bids totalling £23·4 million in the June monitoring round.”
“I have also included a bid of £15 million to address the shortfall in capital funding to NI Water to bring it up to the level of funding recommended by the Utility Regulator in the PC15 final determination.”
“<BR /> <BR />The main bids that I have put forward in June monitoring are for essential road and street lighting maintenance activities, including winter service; addressing the shortfall in the funding of NI Water to bring it to the level recommended by the Utility Regulator in its final determination; addressing the continuing pressure on concessionary fares and the delay in implementing the Translink efficiency programme to allow further consultation with the unions in an attempt to minimise the impact on services; and funding to support community and rural transport services. <BR /> <BR />I have also submitted 13 capital bids, including a bid of £104·4 million to meet the substantial shortfall in the current structural maintenance budget, which stands at over £100 million less than the independently recommended requirement.”
“The outcome of the 2015-16 Budget leaves my Department facing cuts and pressures of some £60 million on its resource budget, which is around 18% of the 2014-15 baseline. Whilst I have worked with my officials to try to absorb some of those pressures internally, the extent to which that is possible, without impacting on public safety and core public services, is limited. Therefore, I have identified eight other resource non-ring-fenced bids totalling £39·8 million and 13 capital bids totalling £141·1 million, which my Department has now submitted to DFP.”
“That is generally done using specialist contractors, following advice from the NIEA, as required.”
“I am grateful to the Member for his question. Members will know that special efforts are required to control giant hogweed and Japanese knotweed by poisoning. In those instances, Transport NI generally treats invasive weeds such as Japanese knotweed found growing on land in its control using chemical treatment.”