Nichola Mallon
North Belfast · Social Democratic and Labour Party · Northern Ireland
“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…”
“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.”
“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.”
“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.”
“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.”
“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.”
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“Having considered legal advice, I am satisfied that the amendments to the Northern Ireland Act allow me, as Minister for Infrastructure, to take planning decisions from the period of Royal Assent.”
“I do. With the granting of Royal Assent to the Executive Committee (Functions) Bill on 21 August, the Executive Committee (Functions) Act 2020 is now in effect. This Act, through its amendment of the Northern Ireland Act, clarifies that any Infrastructure Minister, now and in the future, can take planning decisions which are the statutory responsibility of the Department of Infrastructure. I see the taking of planning decisions as an important component in assisting a recovery from the COVID-19 pandemic. I intend to begin making decisions shortly on a number of planning applications which officials have been working on to bring to a decision point.”
“I do not have that information to hand, but I am happy to take that question away and provide information as required.”
“It is well known that I supported No Arc21 in my role as an MLA for North Belfast. However, I am now the Infrastructure Minister, and, as such, I am guided by the ministerial code of conduct as well as the Pledge of Office that I took when I accepted the portfolio for the Department for Infrastructure. As Infrastructure Minister, it is important to me that any planning decision is robust and sustainable, and that it is taken in an open and transparent manner, based on its planning merits. As such, I will not come to any conclusions on the processing of this application until I have carefully considered the report and recommendations of my planning officials.”
“At this time, my officials are liaising with colleagues in the Department of Agriculture, Environment and Rural Affairs (DAERA) in relation to the updating of the statement of need for the facility in the context of the proposed development, the strategic and long-term needs for waste management and the circular economy in Northern Ireland. When that response is received, officials will complete their assessment of the planning application. <BR /> <BR />At this time, I cannot confirm when a recommendation will be made. In the interim, I hope that Members will appreciate that it would not be appropriate for me to comment on the individual planning merits or otherwise of this application.”
“Mr Speaker, with your permission, I will answer questions 2 and 3 together. <BR /> <BR />My officials are continuing to progress the application at pace, in line with planning policy, to a point at which a decision is ready to be made. When all consultation responses are received and all statutory processes complete, my officials will bring forward a recommendation. I am keen to bring a resolution to this long-standing application for the sake of all involved, but if a sound decision is to be reached, it is important that the planning process is completed correctly.”
“I thank the Member for her question. We have not allocated money as such to the strategy itself. Given that it is capital money, we are hoping to utilise it to advance a number of projects in the scheme and consider any ideas that councils or communities come forward with in terms of advancing the whole cycling agenda.”
“The Member makes a very important point. The survey showed, as has almost every survey conducted on active travel, particularly on cycling, that more people, of all ages, would cycle if they had safer infrastructure and the space to be able to cycle. We are engaging in a number of pilot projects and working with Sustrans so that we can have cycling proficiency in schools, which is important for the required cultural change. We are looking at a number of schools to see how we can progress cycling routes. <BR /> <BR />The Member will be aware that I announced funding for a 20 mph speed limit to be rolled out around 100 schools in this financial year. That does not solve the problem, but, again, it is about creating an environment for children to be able to walk and cycle safely to school.”
“I thank the Member for her question. My walking and cycling champion wrote to all of the councils in July, if recollect correctly, asking them to submit proposals on greenways. So, we are very keen to work in partnership with councils to address the areas that you highlighted. <BR /> <BR />I would like us to be a much more advantageous situation with greenways, but there is money in my blue/green fund to work on design and feasibility and to work in partnership, which is really important, with landowners, local communities and councils to try to address and pre-empt any difficulties that might emerge so that we can make as much progress as possible.”
“I am very keen to see that agenda progressing across council areas and would be very keen to see that replicated in towns and cities across Northern Ireland.”
“I thank the Member for his question. One of the positives from COVID is that we are seeing an increase in people engaging in active travel, particularly cycling. As the Member will know, I have appointed a walking and cycling champion in my Department to demonstrate that this policy area and commitment is at the centre of the work of my Department. The Member will also be aware that I have allocated a new blue/green fund of £20 million, and we are very keen to see more cycling infrastructure and the further development of greenways. <BR /> <BR />The Member referred to the Belfast Bicycle Network. I hope to publish a document on the Belfast Bicycle Network before the end of the year, which will set out the priority cycling routes for Belfast.”
“<BR /> <BR />In order to achieve that, I want to ensure that in all transportation interventions my Department includes measures to improve walking and cycling as key components of the project, particularly in urban areas. I want to build infrastructure that makes walking and cycling journeys easier, safer and more convenient to undertake, including segregated and separated lanes and paths on the road, quiet streets where motor traffic is not allowed to predominate and traffic-free paths away from roads. Finally, I want to support councils in their development of greenways across the North.”
“The bicycle strategy that the Member refers to was published by one of my predecessors in August 2015. The strategy was based on three pillars: to build a comprehensive network for the bicycle; to support people who choose to travel by bicycle; and to promote the bicycle as a mode of transport for everyday journeys. <BR /> <BR />There were no specific targets set out in the strategy, but there were a number of Ministerial ambitions related to significantly increasing the proportion of shorter journeys made by bicycle. That desire to increase cycling journeys is reflected in the Programme for Government, and my commitment is to increase the proportion of journeys made by walking, cycling and public transport.”
“As Mr Beggs and Andrew Muir highlighted, to avoid double accounting — Mr Muir urged caution on this — careful work is required to ensure that any scheme that is devised provides assistance to those who have been unable to avail themselves of any such scheme to date. <BR /> <BR />There is no ping-pong here. I can speak for myself, and I have continuously tried to reach out because I want to ensure that all those who have fallen through the cracks can get the support that they deserve. An Executive effort is what is required: an Executive effort that is highlighted in the amendment. The best way, in my humble opinion, for the Assembly to show its support for these sectors is to show its support for the amendment ahead of the Executive's consideration of future hardship schemes. That is what I remain committed to doing.”
“<BR /> <BR />As Mr Boylan, Mr Muir and Martina Anderson highlighted in their contributions — I thank them for that — this is a cross-cutting issue. As Minister for Infrastructure, I do not have the vires to provide financial hardship and assistance schemes, but I have been determined to do what I can within my remit and by working with others. <BR /> <BR />Today, we have all been united on the need for a proposal to come before the Executive. That costed proposal was brought to the Executive recently by the Minister for the Economy, and it is in line with the other hardship schemes that her Department, the Department of Finance and the UK Treasury have announced to date.”
“Her paper acknowledges that this would encompass the taxi industry and, possibly, the haulage, driving instruction and private bus and coach sectors. I have written to Minister Dodds to confirm that I am very supportive of this option because I recognise the hardship being felt by those who have not been able to avail themselves of the hardship schemes currently on offer. <BR /> <BR />A number of Members highlighted the fact that, as regulator, I hold data and information. Prior to and since this recent paper, I have reiterated my offer to provide whatever information or data I hold, as regulator, to ensure that we can communicate with those who need assistance. Surely, all of us in the House can support this.”
“My officials continue to work with DAERA and other colleagues to support that work. <BR /> <BR />I understand that, at a time of stress, people need to know where to go for help, and it is very important that they are pointed to the right place. I have set out the steps that I have taken in my remit as a regulator, but also how I have reached out to Executive colleagues, given their roles and responsibilities, to provide support to the industries that we are very much focused on today. I was therefore very pleased to see the Minister for the Economy bring forward a paper to the Executive that included options to enhance support to the very industries that we are talking about today. The Economy Minister's paper outlines options to extend the hardship funds to include self-employed businesses with no employees.”
“I have also written to the Minister for Communities to explore the idea of how taxi drivers can play their part in taking the pressure off our vital services by helping the most vulnerable in our communities by, for example, delivering groceries, food parcels, medicines and other critical supplies to those who are shielding and vulnerable. <BR /> <BR />On financial support for the haulage industry, the Department for Transport has had regular engagement with the Road Haulage Association and the Freight Transport Association to understand the up-to-date picture for road hauliers at a local and UK-wide level. Work along these lines is being led by DAERA. Given its role in food security, it is the lead in identifying the evidential basis for specific financial interventions to the haulage industry.”
“<BR /> <BR />Furthermore, I wrote to the Executive on 26 March, and then again on 28 March, to stress that there was a need to ascertain what financial support could be made to the industry. In both memos, I also suggested that options should be explored as to how the industry could be repurposed during the COVID-19 crisis to help the vulnerable who were staying at home. In addition, in an email to the Executive Office on 28 March, I stated that I had been contacted by many in the industry and stressed the need to TEO for urgent redeployment and assistance for the sector.”
“I advise that in his response, which is dated 30 March, Minister Murphy indicated some of the measures that would directly assist the taxi industry, whether self-employed individuals or those who run taxi operations. These included the measures that were announced by the UK Chancellor to support the self-employed who were impacted by coronavirus through the coronavirus self-employment income support scheme. That scheme provides for a taxable grant being paid to the self-employed, or their partners, who have suffered a loss of income, with 80% of their profits up to a cap of £2,500 per month. For taxi operators, he advised of help that is available through zero rates bills for April, May and June, and the opportunity for small businesses to avail themselves of a grant under the small business rate relief scheme.”
“In one minute. <BR /> <BR />That is not simply my opinion, as one Member put it. I sought legal advice from my officials to check this, and it has confirmed my limited vires in that regard. <BR /> <BR />However, the help push the issue of financial support for the taxi industry forward, I contacted Minister Murphy and Minister Dodds on 20 March 2020 to seek information and advice as to whether there was specific support and financial assistance that the industry could access. In my emails, I indicated that I was keen to discuss the issue with them. Follow-up emails to Minister Dodds on 14 April and 12 May sought an update to guidance on social distancing for the industry.”
“<BR /> <BR />As I stated at the Committee meeting on 29 April 2020, existing taxi legislation — I am referring to section 51 of the Taxis Act (Northern Ireland) 2008 — does not extend to providing general financial support grants to the taxi industry in times of hardship and to cover lost income.”
“There are financial assistance schemes on offer but I, like you, remain concerned for those who fall outside their scope. In fact, since this crisis hit, more than any other Minister, I have been raising the issue of the impact of COVID-19 on these sectors with Executive colleagues. I have shared a number of my correspondences to Executive colleagues with the Committee. It has also been made clear that my statutory functions do not include the power to create grant support for hardship or loss of income for these sectors. DFI carries regulatory responsibility for these businesses and it could only make grants available in relation to regulatory matters. This is defined in statute.”
“I understand that that meeting was welcomed by the industry. I appreciate the frustrations felt by our ADIs and AMIs in these uncertain times. The DVA will continue to provide regular updates to the industry to inform it of any relevant changes to service safety that may have an impact on their business. I assure them that my officials are working to resume car and lorry driving tests as quickly as possible because we recognise the importance of that to their industry and custom. <BR /> <BR />I will turn to the issue of financial support to the taxi, haulage, private bus, coach and driving instructor sectors. As with many Members in the House, regardless of our party political background, we are all very aware of the hardship and challenges that are facing these sectors.”
“<BR /> <BR />Throughout the crisis, the registrar for ADIs and AMIs in the DVA has provided regular updates to the industry and signposted them to the latest public health advice on social distancing and safe working practices and advice on financial support. I accept the point if Members feel that communication could have been better. I will always seek to improve things where I can, and I will take that back and feed it to my officials. On 23 June, however, the registrar met industry stakeholders and the Northern Ireland approved instructor council group to provide further updates, address their queries in relation to the planned reinstatement of services and listen to their concerns, including on dates for resumption of driving and vehicle tests, extension of theory test pass certificates and safe working practices.”
“<BR /> <BR />Mr Buchanan highlighted that he felt that an email circulated by the DVA a few Saturdays ago had caused confusion among the sector. That email was important because, that weekend, a number of elected representatives had indicated to driving instructors that they could recommence and resume services in line with close-contact services. I felt that it was important that I communicated the case with them clearly. The Executive Office confirmed that the regulations do not currently prevent driving lessons from taking place. If it is safe to do so for both instructors and their customers, they should; that is what the DVA communicated to the driving instructors whose data we held.”
“I have also met industry representatives and recognise the huge financial difficulties that they face as a result of the COVID crisis. Given their key role, not least to our tourism sector, it is right that private tour operators are a key work stream of focus in the Department for the Economy's COVID recovery work; I very much support that. <BR /> <BR />As Members have also highlighted, my Department is responsible for regulating the approved driving instructor (ADI) and approved motorcycle instructor (AMI) industry through the DVA. It does not, however, employ driving instructors or motorcycle instructors in the capacity of delivering driving instruction and, therefore, has no remit to suspend their services for public health reasons or determine when they might return to work.”
“In a second. <BR /> <BR />It is important to be aware of the facts as they are very relevant to the motion proposed by some of the Committee today. My Department did not devise or administer this package. I worked alongside ministerial colleagues to make the case to the Department for Transport and the UK Treasury. They devised the financial scheme that the Executive agreed to jointly fund. This is a pertinent point that I will return to. <BR /> <BR />To support private coach operators, my officials have held weekly meetings with industry representatives, while all permit holders were issued with a letter reassuring them that their permits would be safe in the event that their services were withdrawn temporarily.”
“<BR /> <BR />A number of Members, including Jim Allister and Cathal Boylan, referred to the financial package secured for ferry operators.”
“An EU regulation came into effect on 4 June 2020 enabling the extension of the validity of certificates and licences to support those transport operators and individuals that, owing to the coronavirus restrictions, are having difficulties fulfilling certain administrative formalities before the expiry of the relevant deadlines. These measures supplement or supersede announcements that I have already made in relation to Driver CPC, driving licences, tachographs and road transport operator financial standing. On 25 June 2020, the UK Government announced that they will suspend the heavy goods vehicle levy for a year, with effect from 1 August 2020, as it is recognised that the haulage industry is critical to restarting the economy as the pandemic begins to subside. That suspension applies here and will provide further much-needed assistance.”
“For the haulage industry, throughout the crisis, I have pressed for recognition that maintaining our transport network is essential to safeguarding food security and ensuring that critical goods continue to be delivered. I have put in place a range of measures to support the freight sector. This includes introducing a range of regulatory measures, suspension of all MOT tests for commercial vehicles and relaxation of other requirements in areas such as the CPC, tachographs, medical assessments and planning restrictions.”
“In addition, and with effect from 26 May 2020, taxi drivers who do not have a medical condition to declare will have their taxi driver's licence renewed without a medical report.”
“I have brought forward coronavirus regulations to ensure the issue of a six-month taxi vehicle licence, automatically and free of charge, to vehicles for which the previous licence expired between 10 March 2020 and 9 October 2020. All licences have now been issued. Drivers' certificate of professional competence (CPC) training providers are also now authorised to deliver taxi periodic training remotely, via online video platforms. That enables drivers to continue to undertake some training online. <BR /> <BR />With regard to medicals, following discussions with the Department of Health and the British Medical Association, the BMA and GPs have agreed to support and prioritise the processing of medical forms for key workers who need them to renew their licences.”
“I will turn to those before addressing the issue of guidance and financial support. As regulator of the taxi industry, a priority for me during the current public health emergency has been two-way communication with the industry on regulatory issues that need to be addressed. My officials and I have been in regular and ongoing contact with the industry, including individual drivers and operators and through open letters to the industry to ensure maximum reach. I recently met with a delegation of drivers outside this Building, and I listened to their concerns. <BR /> <BR />I have put in place a number of measures to support the industry during the pandemic.”
“I thank Members for their contribution to today's debate. This is an extremely important issue, and while there has been much confusion, today's debate has given me a welcomed opportunity to clarify my role, remit and powers and the actions that I have taken to date, within my responsibilities, to provide assistance to the industries highlighted in the motion. I hope that, in setting out the facts, those who have accused me and my Department of abandonment, of not stepping up or coming up with ideas, of a lack of leadership, of having a can't-do attitude will reflect and see it as unfair. <BR /> <BR />As the Committee Chair pointed out, I have introduced a number of measures to ease the regulatory burden on hauliers and taxi drivers to assist them during the crisis.”
“It is an important part of our scrutiny process and our democratic system to ensure accountability. I ask that the Assembly endorse the inclusion of the clause in the Business and Planning Bill.”
“Mr Beggs is absolutely right: part of the consideration is road safety while ensuring that we can maintain critical supply chains and get the essential goods and services that we very much need to shops and to homes. <BR /> <BR />I can assure Mr Muir about the road safety assessment. The one-year extension, if I choose to go down that path, will be issued only to those submitting renewal applications, not first-time applicants, and it will be issued to those over the age of 45 who do not have a medical condition to declare that could impact on road safety. <BR /> <BR />In concluding, I again put on my record my appreciation of the Committee's diligence and efficiency in dealing with the matter, for its support and for challenging me, as the Chair aptly put it.”
“As Mr Muir pointed out, however, we do not know where we will be in six or seven months' time. We can look at what is happening in Leicester or in Australia, where we have seen an increase in the spread of the virus and localised lockdowns. That is why I am taking what I believe to be a sensible, reasonable and prudent approach by having the one-year licence extension as a further mitigation measure on the shelf so that we can use it if required. <BR /> <BR />I add my voice to that of Mr Beggs and the others who spoke by saying that this is very much about balancing risk. It is what I do in this job daily, particularly in this area. It is very much about taking a prudent, sensible approach — a belt and braces approach — but it is also about balancing with road safety.”
“That is why my Department worked in partnership with the Department of Health, the British Medical Association and GPs to put in a place a framework to ensure the prioritisation of medical appointments and assessments for essential workers. Following that, we moved to tie ourselves in with the European Union regulation, which has granted a seven-month extension to all licences. As Members have rightly said, the regulation will run from 1 September through to the end of August. It is a practical solution. <BR /> <BR />Mr Boylan asked whether we were seeking a further extension: we are keeping that option open. The request would have to come from the Department for Transport, but we are continuously working with it and keeping abreast of the situation.”
“I thank the Chair, the Deputy Chair and all the members of the Committee for their support and for the urgency that they gave the matter, given the speed at which the legislation is moving through Westminster. I add my voice to that of all Members who spoke by putting on record my appreciation of the critical role that our lorry and bus drivers play, particularly that which they have played during this crisis, in which they have worked hard to ensure that we can keep critical supply chains open. <BR /> <BR />Mr Boylan and Mr Beggs were right in referencing the difficulty that a number of lorry drivers and bus drivers have had in trying to get medical assessments.”
“<BR /> <BR />I commend the motion to the Assembly and ask that it endorses the inclusion of clause 15 in the Business and Planning Bill.”
“On principle, I believe that all devolved matters should be legislated for in the Assembly, and I will always endeavour to make legal changes through the Assembly where possible. In this instance, however, legal advice indicated that, in order to avoid the risk of legal challenge, the best approach would be to include the necessary provision for one-year licensing in Westminster legislation. <BR /> <BR />In summary, the Driver and Vehicle Agency (DVA) is working to restore normal licensing arrangements as quickly as possible. However, I believe that it is appropriate to take powers that would permit the issue of one-year licences without prior medical assessments as a further mitigation should that prove necessary. I would, of course, think carefully before using that power.”
“In practice, my Department would waive the medical report requirement only in circumstances where drivers are aged 45 years or over, are applying for a licence renewal and do not declare a medical condition that prevents them from driving safely. <BR /> <BR />I should also point out that those licences can be granted only during the period commencing on 1 August 2020 and ending on 24 March 2022. Effectively, it is a sunset provision. In practice, however, normal licensing arrangements will be restored as soon as it is practical to do so. <BR /> <BR />Finally, since driver licensing is a devolved matter, I considered whether we could bring a Bill through the Assembly to legislate for one-year licences.”
“It contains discretionary provision that would allow one-year licences to be issued to drivers who are aged 45 years or over in circumstances where my Department decides to waive the normal requirement for a medical report. The clause is drafted so as to manage any road-safety risk. That is the thinking behind restricting the licence to one year and the provision that a one-year licence cannot be renewed for a further year. In addition, I do not propose to issue one-year licences to any first-time applicants. I believe that it is important that drivers should be medially assessed before being granted a first licence to drive a bus or lorry.”
“To date, those other measures have been sufficient. However, I believe, particularly given the impact on critical supply chains, that it is prudent to keep other options open and have a further contingency plan if needed. The EU emergency transport regulation is a short-term measure that expires at the end of August. While there is provision for a further extension of up to six months, that requires an application to the EU Commission, and there is no guarantee that such an application would be granted. I, therefore, believe that we should take the opportunity to legislate for one-year licences; short-term licences that can be issued without a prior medical assessment in the event that they may be needed in the future. <BR /> <BR />I want to summarise very briefly what the clause would allow my Department to do.”
“In response, I have worked with the Department of Health and the British Medical Association to ask GPs to prioritise medical appointments. In turn, my Department has prioritised licence applications from key workers. More recently, the EU emergency transport regulation has provided for the extended validity of existing licences. Effectively, driving licences that expire during this time are extended for seven months beyond the expiry date that appears on the face of the licence. That has been very helpful in ensuring that drivers can remain on the roads at this time. <BR /> <BR />All that, perhaps, begs the question: do we need a new power that would allow us to issue one-year licences? The honest answer to that is that I do not know. None of us can predict with any certainty what the future holds.”
“Clause 15 makes short-term statutory provision that would enable my Department, if required, to issue one-year licences to certain bus and lorry drivers. I will outline very briefly the policy background. <BR /> <BR />Full licences for those drivers, known as group 2 driving licences, normally last for five years. However, first-time applicants, drivers who are aged 45 years or over, or drivers who declare any medical conditions on their application form normally require a prior medical assessment. That is current policy. The outcome of that assessment determines whether applicants receive a full five-year licence, a licence of restricted duration, or, indeed, have their licence application refused. <BR /> <BR />During the current crisis, it has often been difficult for drivers to get appointments for medical assessments.”
“I am also grateful to the Assembly, the Infrastructure Committee and Committee officials for their urgent consideration and processing of the LCM. <BR /> <BR />As Members will be aware, the legislative consent motion relates to a specific driver licensing clause — clause 15 — that is included in the Westminster Business and Planning Bill. The Business and Planning Bill contains a range of measures that are designed to support the transition from crisis response into recovery from COVID-19. Many of its measures relate only to England and Wales or to England alone. <BR /> <BR />Clause 15 makes provision for the temporary reduction in the duration of certain driving licences, and is specific to Northern Ireland.”
“At the outset, I acknowledge the fact that it has not been possible to adhere to normal Assembly timescales in progressing this legislative consent motion. That reflects the fact that the Business and Planning Bill is being fast-tracked through its legislative passage. The Bill was only introduced to Westminster on 25 June and completed its Commons stages in a single day on 29 June. It is in the House of Lords and is expected to become law later this month. <BR /> <BR />It is that fast-tracking process that has necessitated the very short timeline leading up to today's debate. I regret the need to shorten normal Assembly timescales on this occasion, and I am very grateful to my Executive colleagues for reviewing my Executive paper at very short notice and agreeing to the LCM.”
“I thank the Chair of the Committee and its members for their support in taking forward the regulations, as well as for their contributions today. As both the Chair and Cathal Boylan pointed out, the rule addresses an anomaly that we were not able to address owing to the collapse of the Assembly. It is an important step forward in removing the risk of prosecution but also in bringing much-needed clarity to our ambulance personnel as they carry out their daily duties of making sure that we are all safe and saving lives. <BR /> <BR />In concluding, I ask the Assembly to affirm the regulations before us today.”