← LEADERSHIP TERMINAL

UK PARLIAMENT · FORMER

Nichola Mallon

North Belfast · Social Democratic and Labour Party · Northern Ireland

IN THEIR OWN WORDS

I have had the very moving opportunity to meet families who have tragically lost a loved one on that stretch of road. That was an important opportunity for me to hear at first hand their experience and the experiences of the local community as they try to go about their everyday business while living in close proximity to a key transport…

OFFICIAL REPORT, 2022-03-21 · READ THE OFFICIAL RECORD

I take safety on our rural roads very seriously. My Department continues to be actively committed to improving safety on our roads and to work closely with our road safety partners to deliver a programme of road safety education, engineering and enforcement activities.

OFFICIAL REPORT, 2022-03-21 · READ THE OFFICIAL RECORD

I thank Mr Muir and all the members of the Infrastructure Committee for very constructive working relationships. At times, those working relationships were tense, but they were always very constructive — I mean that.

OFFICIAL REPORT, 2022-03-21 · READ THE OFFICIAL RECORD

It was important to me to take forward the motor insurance legislation to try to protect people against a hike of up to £50 in their motor insurance premiums. Members will be aware that I took the decision to freeze any hike in public transport fares.

OFFICIAL REPORT, 2022-03-21 · READ THE OFFICIAL RECORD

That commenced a consultation process that is open until 6 May. I encourage anyone with an interest in this significant project to make their views known during the consultation period. <BR /> <BR />In advance of the major upgrade, it is important that we do what we can to improve road safety.

OFFICIAL REPORT, 2022-03-21 · READ THE OFFICIAL RECORD

I have announced my intention to extend the concessionary fares scheme to provide free travel for people with disabilities who currently pay half fare and to new operators who have already indicated or expressed an interest in joining. I am aware that many people with a disability have limited travel options.

OFFICIAL REPORT, 2022-03-21 · READ THE OFFICIAL RECORD

The complete record

Every one of 2,494 lines we hold for Nichola Mallon, in date order, each linked to its source. Free to read, in full, without an account. Page 18 of 50.

  1. Since that time, officials advise that the procurement regulations have changed and that the Department's procurement processes have been reviewed and updated significantly, including improved pre-market engagement, revised tender documentation and assessment processes, and enhanced preparation for members of the tender evaluation panel. <BR /> <BR />It is important to keep in mind that, although the focus is always on the legal challenges, the Department successfully delivers hundreds of diverse contracts for works, supplies and services across many functions. Its status as a centre of procurement expertise is subject to independent review and re-accreditation at regular intervals.

    OFFICIAL REPORT, 2021-06-15 · READ THE OFFICIAL RECORD

  2. That means that badly needed capital investment will be delayed. I assure Members that officials are rapidly developing a new interim procurement strategy for resurfacing contracts, working closely with legal advisers and procurement experts in the Department of Finance to endeavour to reduce the procurement risks in relation to that area of work and release new tender competitions to the market as quickly as possible. That is an absolute priority for me as Minister. <BR /> <BR />It is clear from the Court of Appeal judgement on Northstone that the judges concluded that parts of the process that were employed in that procurement were not fully in accordance with the public contracts regulations that were in place at that time, not detailed in the competition rules that were set and hence not transparent to other bidders.

    OFFICIAL REPORT, 2021-06-15 · READ THE OFFICIAL RECORD

  3. After running a process that was designed in conjunction with the construction industry, letters providing notice of a decision to award four contracts were sent to tenderers in early March 2021. Writs of summons were subsequently issued on behalf of three of the unsuccessful tenderers in the four areas, thereby preventing the Department from awarding any of the four contracts. Officials engaged closely with departmental legal advisers to consider options for addressing that. However, on the basis of very clear legal advice that was provided by senior counsel, the DFI Roads and Rivers centre of procurement expertise (COPE) took the decision to discontinue the competition on 4 June 2021. That is a seriously concerning situation for me as Minister and for all road users as, at present, there are no contracts for resurfacing in those areas.

    OFFICIAL REPORT, 2021-06-15 · READ THE OFFICIAL RECORD

  4. That is now at risk due to the legal challenges that are in play. It is an incredibly frustrating situation in view of the budget that I worked hard to secure for resurfacing across the road network, the improvement that that would have made to the condition of our road network and the boost that it would have provided to the economy and our local communities. <BR /> <BR />By way of background, Northern Ireland is covered by 12 term contracts for asphalt resurfacing work. Generally, there is one for each council district, but there are two in the Fermanagh and Omagh council area. A procurement competition was run to replace expired contracts in four areas: Newry, Mourne and Down; Mid Ulster; Derry and Strabane; and Omagh.

    OFFICIAL REPORT, 2021-06-15 · READ THE OFFICIAL RECORD

  5. It follows, therefore, that procurement has to be able to withstand the toughest scrutiny in a fast-moving and incredibly complex legal context, otherwise it can pose a risk to the delivery of those critical public services. <BR /> <BR />That takes me to the second important matter on which I wish to provide an update. It relates to the impact of a new legal challenge that has prevented the award of resurfacing contracts in four of our council areas. <BR /> <BR />Members will know the strength of my commitment to addressing the impact of previous underinvestment in the structural maintenance of our roads network, a commitment that I was fully expecting to translate into action in this new financial year.

    OFFICIAL REPORT, 2021-06-15 · READ THE OFFICIAL RECORD

  6. I am conscious of the need to be fully respectful of the court proceedings that have taken place and the judgements handed down and that we do not do anything that would undermine those. It is important that we keep a focus on learning to ensure that this is never allowed to happen again. <BR /> <BR />While it is my intention that the independent investigation will look internally within the Department for Infrastructure in relation to procurement, I will also be keen to work across government to ensure that any learning is shared as widely as possible to help everyone involved in public procurement. <BR /> <BR />The important thing to remember in all this is that public procurement is not simply a process. It is through procurement that we award contracts that get public services delivered for the people we serve.

    OFFICIAL REPORT, 2021-06-15 · READ THE OFFICIAL RECORD

  7. The Northstone judgements, therefore, present for Members and the public all the salient facts in this particular case. <BR /> <BR />It is essential to ensure that the Department, and others, learn from those judgements, and I have asked my officials for options so that I can consider how best to do that, with the purpose of designing revised procurement strategies and processes for my Department that can help in reducing the risk of successful legal challenge when contracts are awarded. <BR /> <BR />It is also essential that I understand how this situation arose and the action that has been taken since to address the problems from when they were first highlighted. I have, therefore, asked that an independent investigation is carried out, and I am consulting with officials and our legal advisers on how best we do that.

    OFFICIAL REPORT, 2021-06-15 · READ THE OFFICIAL RECORD

  8. <BR /> <BR />Having considered various advice from our senior counsel and related information from my officials, I met with a senior solicitor from the Departmental Solicitor’s Office and senior counsel last week to discuss the actions taken by officials at the time and since; the legal issues and complexities associated with this case; the difficulties that the judgement created for future competitions; and the courses of action available to my Department, to limit the risk of future successful legal challenges. <BR /> <BR />By its very nature, the judicial process provides not only a detailed independent investigation of all the processes and documentation relating to this particular process but a detailed and independent outcome from that scrutiny.

    OFFICIAL REPORT, 2021-06-15 · READ THE OFFICIAL RECORD

  9. <BR /> <BR />A key consideration for the Department was whether parts of the judgement presented so many practical difficulties with accepted procurement practices that a further appeal to the Supreme Court may be required. On a fine balance, however, and after careful consideration, I have concluded that the Department should not appeal the Court of Appeal judgement.

    OFFICIAL REPORT, 2021-06-15 · READ THE OFFICIAL RECORD

  10. <BR /> <BR />As I stated in the House on 26 April 2021, the judgement is a cause for concern for me, not least because of the potential impact of its findings on current and future public procurement practice, and I have been considering the matter very carefully in order to understand the implications of the judgement for my Department and future competitions. <BR /> <BR />This consideration has included detailed discussions with my Department’s legal advisers. My permanent secretary has also highlighted the judgement to Construction and Procurement Delivery (CPD) colleagues in the Department of Finance, and to other permanent secretaries, to ensure that our assessment took account of any risks for wider public-sector procurement.

    OFFICIAL REPORT, 2021-06-15 · READ THE OFFICIAL RECORD

  11. Members will be aware that a challenge was lodged by Northstone (NI) Ltd against the former Department for Regional Development’s handling and determination of a tender process for road resurfacing contracts in 2015. The Court of Appeal found, in April 2021, that there had been a manifest error in the Department’s approach to the award of multiple, term-type maintenance contracts across Northern Ireland. The judgement concluded that the Department’s post-tender evaluation and scoring interaction with one of the tenderers, McQuillans, and the resulting related contract award decisions were not in accordance with the governing EU legal rules and principles and were not permitted by the competition rules.

    OFFICIAL REPORT, 2021-06-15 · READ THE OFFICIAL RECORD

  12. Members may be aware of the recent Court of Appeal judgement relating to procurement competitions in 2015 that were awarded by the former Department for Regional Development (DRD) and of a new legal challenge served on the Department for Infrastructure that has prevented the award of the 2021 resurfacing contracts in four areas. The purpose of the statement is to update the Assembly on the impact of those legal challenges and the work in train to ensure that my Department can progress new contracts for resurfacing our road network in the areas affected at the earliest possible opportunity.

    OFFICIAL REPORT, 2021-06-15 · READ THE OFFICIAL RECORD

  13. Leadership is never easy, and leadership in a five-party Executive is not easy. After three years of paralysis, and in an unprecedented pandemic, it is incredibly challenging, as those who take up the mantle will know. At this juncture, it is important to reflect on the fact that devolution has been restored on the basis of a five-party agreement in New Decade, New Approach, and that all those commitments need to be honoured and delivered. It is only through the devolved institutions that we can deliver the change that our citizens deserve and need. <BR /> <BR />I close by wishing Arlene Foster well for the future as she embarks on this new chapter of her life.

    OFFICIAL REPORT, 2021-06-14 · READ THE OFFICIAL RECORD

  14. On behalf of the SDLP, I thank the First Minister for her many years of public service. While it will be obvious to many that there is much that we have disagreed on, as a female leader in politics, I want to acknowledge that Mrs Foster and her family have made huge sacrifices over many years. I have no doubt that, as a female holding ministerial office over many years, Mrs Foster has faced serious and, as yet, untold challenges, not least when it comes to sexism. However, I have no doubt that Mrs Foster has also inspired many young girls to realise that there should be no limit on their ambitions and that if they believe in themselves, there is nothing that they cannot do. <BR /> <BR />Public service is never easy, politics is never easy, and the past few weeks will not have been easy for the First Minister and her family.

    OFFICIAL REPORT, 2021-06-14 · READ THE OFFICIAL RECORD

  15. I thank the Member for her question. I will be happy to call in and have a look when I am on my next visit to Mid Ulster. The challenge here is that you, as a Member, have come with a list of requests, but I get those requests from across the North. I have to be fair in how I respond to all those requests and make sure that I have recurring funding to fund them. I am certainly happy to take a look. I am also very keen to work with councils so that we can promote active travel and have a new cohort of budding astromoners — astromoners, is that right, Patsy? — in Mid Ulster as well.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  16. I would like to do much more in this area, but I struggle to fund the existing service and the roll-out of LED lighting within the current budgetary constraints. That does not mean that I am not open to changing, or would not like to change, the policy; I would. However, as I said, I need to manage expectations and be honest with people.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  17. I wonder whether there is something that we could do there, working with Mid Ulster District Council, for example. If Members have proposals, I encourage them to encourage their councillors to work with officers to bring those through to the Department to see what we can do.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  18. They have also highlighted them in correspondence with me, so I know how strongly they feel about them. I am very sympathetic to the provision of additional lighting in our rural communities. I completely understand why people would say that we should, as a Department, take a case-by-case approach, but the issue here is that we need to have one that is objective, fair and consistent. Importantly, we need to have an approach and policy that we can fund, and that is where the challenge comes in. <BR /> <BR />There is merit in the partnership approach that Ms Dillon highlighted. Members know that I set up the blue-green infrastructure fund to act as a catalyst for change. There may be opportunities there. Ms Dillon spoke at length about the possibility of extended pavements.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  19. I am committed to reducing my Department's energy use, and, as Members have highlighted, my Department has changed almost 112,000 sodium street lights, which is 39% of them, to more energy-efficient LED lights. I welcome the support that has been expressed by Members for the continued roll-out of our LED units. It has resulted in a reduction in energy consumption of about 24%, and that programme has also delivered savings in maintenance costs, due to the much longer operating life of LED, as well as providing environmental benefits in helping us to tackle the climate emergency. I am pleased to inform Members that, in order to make additional reductions in energy use, I will make further allocations towards LED retrofitting in this new financial year. <BR /> <BR />I appreciate the list of requests that Members have highlighted today.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  20. In addition, and in order to maintain the current age profile of the existing lighting stock, my Department needs to replace approximately 7,000 street lighting columns per year, along with the associated cabling, at a cost of £14 million. The annual cost to maintain those lights, including outage repairs and electrical inspection and testing, is approximately £7·5 million, and that is over and above the annual electricity cost for street lighting, of around £11·5 million. I do not say that to add negativity to the debate, but it is important that I set out the factual context in terms of the financial requirement of providing our existing service. <BR /> <BR />All that presents huge challenges. As well as that, I am keen that we do what we can to reduce costs.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  21. <BR /> <BR />I also have to consider the considerable financial costs of providing and maintaining additional public lighting installations. In recent years, due to ongoing resource and capital funding pressures, there has been a need to direct the finite resources available towards the maintenance and replacement of existing assets, rather than increasing the network by providing new lighting in areas that were not previously lit. <BR /> <BR />It is important to pause to reflect on the scale on which my Department works to make improvements across our community. My Department is responsible for around 289,000 street lights. Of that total, approximately 32,000 are over 40 years old, which is well beyond their intended design life of 25 years. The cost of replacing those ageing columns is estimated at £72 million.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  22. <BR /> <BR />However — this is where some of the challenges begin to come in — it is also important to get the right balance between the demand for more rural lighting and — Ms Dillon highlighted this — the unwelcome effects of the increased urbanisation of the countryside, the effects on people, wildlife and flora, and the environmental impact of night sky light pollution. <BR /> <BR />Members are also aware that my Department has suffered historical underinvestment and that, despite my best efforts, the resource budgetary outlook, in particular, is not great for this year. It represents a real-terms cut, and this financial year will be challenging in maintaining the level of service that we had in the previous year.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  23. The policy recognises the importance to the community of public buildings, such as church halls or schools, and, for the purposes of assessment, they are given a weighting and counted as two dwellings. <BR /> <BR />I also appreciate, as Keith Buchanan and other Members highlighted, that it can also improve road safety for drivers, wheelers, cyclists and pedestrians. My Department works each and every day to improve road safety, and, for that reason, the policy also allows for the provision of road lighting at locations where there have been a significant number of night-time collisions and it is deemed that road lighting would contribute to road safety.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  24. While in government there is so much more that we need to do and so many of us can be focused on the big projects, I have always been keen that we get the basics right too. No matter how big or small, getting the basics right is key to supporting our communities and enhancing the lives of citizens. <BR /> <BR />My Department's policy for the provision of lighting in rural areas seeks to strike a balance between factors such as the needs of rural communities, road safety, environmental effects, costs and sustainability. The criteria that I inherited from predecessors are based on the identification, as Mr Buchanan highlighted, of a rural community, which, for the purpose of this policy, is defined as the presence of 10 dwellings in a continuous 200-metre stretch of road.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  25. <BR /> <BR />I recognise the importance of street lighting to the public and the contribution that it makes to communities by extending the hours in which activity can take place. As every Member has highlighted, street lighting has multiple benefits for citizens and road users and in helping communities to feel safer. Recognising those multiple benefits, I was pleased when I came into office to be able to commit funding to ensure a full street lighting repair scheme and to, effectively, as Mr McGlone highlighted, switch the lights back on in Mid Ulster, where there are over 66,000 street lights, and back on across the North. Many Members and communities have remarked on the positive impact that that has had across the North.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  26. As other Members have done, I thank Ms Sheerin for instigating the debate on my Department's policy for the provision of street lighting in rural areas of Mid Ulster. Of course, the issue extends beyond Mid Ulster and is relevant to rural areas across all district councils in Northern Ireland. I have listened with interest to the comments and the issues raised by Members, and I thank them for their positive commentary on the staff in the local division. Our staff in my Department live locally. They care deeply about their communities and really want to make a positive difference. I will ensure that that positive feedback is fed back to them because it is important that they get to hear of that.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  27. I look forward to working with the Committee as we try to address the resource difficulties that face the Department.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  28. <BR /> <BR />Particular issues in local areas were identified by Ms Anderson, Mrs Barton and Kellie Armstrong and right across the Chamber. I do not underestimate the impact on families of having to live with this. I am pleased, however, that some Members have been able to report that there has been progress as a result of working with developers. I am keen that we do that. It is about finding the resolution in the quickest possible time frame but, where necessary, the Department needs to step in to take enforcement action. <BR /> <BR />In closing, I thank all Members for contributing to the debate. I thank the Committee Chair and members for tabling a very constructive motion. I will keep the Committee updated on our work to review the level of bonds.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  29. <BR /> <BR />Mr Beggs referenced the real financial challenges faced by the Department, and he is absolutely right. We need to be real when we talk about the service and staffing levels that we can provide. He mentioned Larne Road. I see that he is not in his seat, but I am happy to follow up with him on that. He has raised that issue with me through Assembly questions and correspondence. <BR /> <BR />Mr Muir rightly talked about the responsibility of developers. We should not lose sight of that in the middle of this. Government should be stepping in only when things have gone wrong. Through conveyancing advice and enforcement and by working proactively with developers, we should make sure that it never gets to that stage in the first instance.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  30. <BR /> <BR />One of the other issues that was rightly identified in the Committee's report in 2012 was the loophole by which a developer could choose not to enter into a bond or agreement. Section 6 of the Water and Sewerage Services Act (Northern Ireland) 2016, which was made by the Assembly on 23 March 2016, closed that loophole. That was another positive step, but I recognise that there is still a lot of work to do. <BR /> <BR />Ms Anderson and Mr Boylan talked about the planning review and how we can better join up our planning system on this issue. We received a number of submissions about the review of the Planning Act and the issues that were raised within it. We let it be open for stakeholders to raise any concerns. All the issues that were raised will be examined. I will be keen to keep the Committee updated on that.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  31. The property certificate unit within Fermanagh and Omagh District Council has initiated work to review the questions in the property certificate. That work is ongoing. Some positive actions are being taken but, as Members have said, it is a hugely challenging issue. <BR /> <BR />Mr Buchanan raised the issue of private streets legislation. In his view, there should be a wholesale review and reform of that legislation. Officials have said that, in their assessment, that legislation is generally adequate and fit for purpose and that that view was supported in the course of the review by other key stakeholders including the Construction Employers Federation, the National House Building Council and Law Society NI. I am keen to hear the Committee's view on that as well.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  32. <BR /> <BR />Mrs Kelly talked about the importance of having clarity of roles. She spoke about the role of local government, as a number of other Members did. One of the recommendations of the Committee's report was that property certificates should be adapted to include the legal opinion on the condition of the roads and sewers. Since then, as part of the reform of local government, responsibility for property certificates has been passed to councils, with the regional property certificates unit in Fermanagh and Omagh District Council providing a service on behalf of all the councils. That responsibility includes the production of new service-level agreements with its property certificate consultees.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  33. However, as we have said, the reality is that the voluntary exit scheme and the cuts to the Department's resource budget have impacted on the level of staffing. I am keen to address that. <BR /> <BR />The Committee motion also talks about a code of practice to trigger broader enforcement. I hope that Committee members are aware that, as I think the Chair highlighted, Northern Ireland Water has introduced a monitoring system to speed up the timescales for the adoption of sewerage infrastructure by monitoring the progress of bonds through the adoption process. That enables it to take a much more proactive approach to the process, rather than the previous developer-led scheme. It should help us to identify much earlier sites where development has stalled and, therefore, should lead to quicker enforcement action.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  34. We talked about conveyancing advice and a greater level of awareness in that area. My Department had engaged with the Law Society on that issue. There is a recommendation in the Committee motion about ensuring that we have a much more robust set of guidance. Members may be aware that guidance on private street procedures was updated in 2014 and circulated to all staff involved in private street matters.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  35. There are often very complex sewerage and road problems affecting adoption, although, in recent years, my Department has made some progress on adopting a number of the legacy sites, as Mr Muir highlighted. I am keen to provide a fresh impetus to the process, so I am committed to ensuring that my officials in Roads and Northern Ireland Water continue to work proactively to address a number of legacy developments towards adoption, with intervention prioritised on the basis of need. <BR /> <BR />A number of Members talked about the 2012 Committee report and the series of very helpful recommendations that came from it, and a number identified the fact that progress had been made on the implementation of some of those recommendations. I will quickly run through a number of them.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  36. Progress has been made, in the sense that there is a greater level of awareness of responsibilities when it comes to providing conveyancing advice . There is also a greater level of public awareness about bonds and agreements being in place when solicitors are advising people on the purchase of their new home. Many people who are buying in new residential developments will therefore have greater protection than previously was the case. <BR /> <BR />Before I move on to addressing the specific points that Members raised, I will go back to the point about legacy sites that Ms Dillon raised in her intervention. As Members have highlighted, there are legacy sites right across Northern Ireland that remain unadopted. As Members have also rightly identified, a lot of those sites emanated from the property crash of 2007.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  37. It will be reviewing the construction costs to ensure that bonds are able to cover the cost, and it will be working with a range of stakeholders from within the construction industry and across the board. The Committee will, of course, be kept updated on the process. I reassure Members that I am committed to ensuring that construction rates are used to calculate our road bonds and that those fully reflect the cost of constructing roads in new developments. Kellie Armstrong and others raised that issue. Hopefully, that will give residents some peace of mind. <BR /> <BR />Mr Beggs and Mrs Kelly in particular emphasised the importance of the legal profession to trying to find solutions to the issue.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  38. I thank the Member for her intervention. She is correct to point out the legacy sites and the difficulties that have ensued. Even within the resource constraints that I have outlined, my Department is trying to take a proactive approach to tackling issues at those legacy sites, and for it to be a prioritised approach, working with Northern Ireland Water. <BR /> <BR />Members have rightly identified that there is an issue with the level of bonds from developers. As Minister, I will clearly state today that I recognise that that is a difficulty. I have therefore asked my officials to carry out a review of how we calculate bonds, because we have not changed how we do so since 2008. That review will take place. I think that it was Mr Boylan who asked about its terms of reference.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  39. That is the reality within which we have to operate. I am heartened by the fact that the Committee's motion rightly recognises that difficulty, which was reiterated by Committee members and others. I look forward to working with the Committee as we try to address the resource allocations to my Department, particularly with the first opportunity presenting itself in June.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  40. It was made clear at the time that the scheme would have an impact on services, and, unfortunately, the resource budget allocated to my predecessor, Danny Kennedy and the cuts that ensued have had an impact not only in that area but, as Members across the House know because they passionately represent their constituents, on services across my Department.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  41. My Department's private streets inspectors will also monitor a developer's progress. Should a developer ultimately fail to progress their development, my Department will issue an enforcement notice under the Private Streets Order 1980 requiring completion of the roadworks. If a developer fails to comply with that notice or is no longer trading, my Department can complete the outstanding roadworks and adopt the road into the public road network. <BR /> <BR />I recognise the important role that my Department's private streets inspectors play in the process. However, as Members across the House have rightly identified, the voluntary exit scheme halved the number of officers that I have who are able to carry out that role.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  42. It is equally important to recognise that, in most instances, developers act responsibly and their developments are completed and adopted without the need for any interventions from my Department. However, as we heard today, some developers commence work without having the necessary road agreement and bond in place. In those cases, I can confirm that my Department will take action against the developer. Equally, where a developer fails to complete road infrastructure in a new development, my Department will adopt a phased approach to intervention that is appropriate to the individual circumstances. Where a developer is still trading and seems to be progressing their developments, albeit slower than some residents might like, my officials will, first, engage with them and encourage them to complete the outstanding works in a timely manner.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  43. As Ms Kelly and Mr Muir highlighted, we had three years without any Government or Minister in place, which has contributed to the slow pace of change on the issue. <BR /> <BR />I recognise that, as Members have highlighted, renting or buying your home is a special moment in your life. That should be a positive experience, and it is not right that, for many people for quite some time, it has not been a positive experience because of the reasons that Members have articulated. <BR /> <BR />While my Department manages the adoption of roads in new developments, it is important to acknowledge, as a number of Members did, that it is primarily a developer-led process.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  44. Thank you, Mr Deputy Speaker. I add my birthday best wishes to Mr Robinson. <BR /> <BR />I thank the Chairperson of the Committee for Infrastructure for tabling the motion on unadopted roads. Every Member who spoke highlighted the fact that this is an important issue that affects so many people across the North. As the Minister for Infrastructure, I am focused on improving the lives of people across Northern Ireland. I have listened carefully to the views expressed by Members and recognise their genuine comments on behalf of their constituents. I also completely understand and recognise the frustration shared across the House that we are sitting with a Committee report that was produced in 2012, despite there having been successive Ministers since then.

    OFFICIAL REPORT, 2021-06-01 · READ THE OFFICIAL RECORD

  45. I have had meetings with my counterparts in Scotland and Wales, because I recognise that we have shared challenges and that they are best overcome when we work together. I also do it because I am legally obliged to fulfil my obligations when it comes to my interactions, North/South and east-west. <BR /> <BR />I understand that the DUP has new leadership, but, regardless of who the leader is, they have legal responsibilities. I am so concerned by that particular issue that I have sought legal advice from the Attorney General on it.

    OFFICIAL REPORT, 2021-05-25 · READ THE OFFICIAL RECORD

  46. If east-west relations have been trashed, in the Member's analysis — I do not agree with it — the reality is that that is due to Brexit. We are in the current situation because the DUP mishandled Brexit at Westminster. I do not need to rehearse the arguments, because we all know that they are there. It does not matter how we try to spin that: it is there for all to see. <BR /> <BR />As a Minister, I do not have a pick-and-mix approach to my legal obligations. As Minister for Infrastructure, I have been proactive in my east-west engagement. I have had numerous meetings with colleagues in the Department for Transport and Robin Walker. I have had meetings with the Secretary of State for Northern Ireland.

    OFFICIAL REPORT, 2021-05-25 · READ THE OFFICIAL RECORD

  47. I have instructed officials to carry out and then publish that assessment for consultation in accordance with the PAC recommendations.

    OFFICIAL REPORT, 2021-05-25 · READ THE OFFICIAL RECORD

  48. I thank the Member for his question. He has passionately expressed his view about the A5 to me previously, primarily during the Adjournment debate on the matter. The original scheme that was put forward through the North/South Ministerial Council in 2007 was for a dual carriageway from New Buildings to Aughnacloy. As the Member will know, the PAC has taken a different view and has said that there is an obligation on the Department, in its role as the statutory decision maker, to consider reasonable alternatives to the proposed scheme and, therefore, to examine matters such as the extent to which town bypasses and selected improvements to the existing A5 standard would meet or fail to meet the overall aim and objectives of the dual carriageway scheme, together with an assessment of their environmental effects.

    OFFICIAL REPORT, 2021-05-25 · READ THE OFFICIAL RECORD

  49. When we look at Europe, we see that they are making huge advances in rail. They recognise the importance of rail; what it can do for the economy, what it does for the environment, and what it does for the regeneration of local communities. Therefore, I am excited by that piece of work.

    OFFICIAL REPORT, 2021-05-25 · READ THE OFFICIAL RECORD

  50. We will also look at the role that freight can play in the decarbonisation of transportation of goods on the island. We will examine rail connectivity to our international gateways, be those the ports or airports. That examination will be data-led. I am very excited by the all-island strategic rail review. It is the first time that we have looked at our transport network on the island since partition, which is really important. By working together and making data-led investment decisions, we will really improve people's lives across the island.

    OFFICIAL REPORT, 2021-05-25 · READ THE OFFICIAL RECORD