Barry McElduff
West Tyrone · Sinn Féin · Northern Ireland
“I empathise to some degree with those who are qualified longer needing to secure posts, and I encourage the Minister to look creatively at that in the future, if he can. Is there any possibility of introducing or exploring the possibility of a scheme to refresh the head teacher workforce in our schools?”
“Further to Mr Agnew's question, I point out that your predecessor, Minister O'Dowd, was able to increase provision in the most socially deprived areas from 20% to 25%. We want universal provision, but, in some wards that are otherwise regarded as affluent, there are big pockets of deprivation, so is there any scope for looking at that?”
“In light of the fact that there have been increases to teachers' pension contributions and employees' National Insurance contributions as well as, in recent years, changes to income tax thresholds, will teachers be better off or worse off? How does that compare with other public-sector workers?”
“Members will be aware of some problems with the process in the last mandate. For example, the primary schools consultation feedback took the Education Authority over one year to analyse. It was not without its problems.”
“Parents with children in special schools are part of the process for the first time, and they want assurance that the added-value nature of special schools will not be lost in an attempt to standardise provision. <BR /> <BR />As a Sinn Féin MLA, I will say in Irish that we will support the DUP amendment.”
“I will make the first part of my contribution in my role as Chair of the Education Committee, and then I will make some comments from a party political perspective.”
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Every one of 299 lines we hold for Barry McElduff, in date order, each linked to its source. Free to read, in full, without an account. Page 6 of 6.
“Go raibh maith agat, a LeasCheann Comhairle. My question relates to the third-last paragraph of the Minister's statement. Will the Minister detail the key concerns identified by the Irish Government and the Isle of Man authorities regarding Sellafield? Further to that, did the Department make any input to this document?”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank the Minister for his answer and take on board the last point that he made about road safety being paramount. Will the Minister outline his Department's thinking on evidence from the Ulster Farmers' Union and driving instructors that suggests that the driving test should not be about age but driver ability? The oft-made point is that young people from a farming background may be ready for the test sooner than 12 months after they secure their provisional licence.”
“On a point of order. I seek guidance from the Principal Deputy Speaker on whether Mr Maginness may be straying far from the debate on the HGV levy. He has totally played the man and not the ball. It has been ad hominem throughout.”
“I appreciate the Member's generosity. In my contribution, I accused DfT of not listening; it appears that Maurice was not listening either. In May, this party tabled a motion in the House — I invite you to read the Hansard report of that debate — which detailed that the exemption that we sought was for all of the road network in the North of Ireland. That is not something new. I suggest that you do some reading of Hansard in either the Committee format or the plenary format.”
“Through the Principal Deputy Speaker, I just want to ask Mr Morrow if he has a clear understanding of the raison d'être of a prayer of annulment, as someone who, I think, has chaired the procedure side of the House. Surely there is validity and merit in tabling a prayer of annulment. It is a legislative tool at our disposal that we are using to try to prevent bad law. What is wrong with using a prayer of annulment? Is there something inherently wrong with doing that?”
“I would like to address Mr Elliott. Does he have any surprise whatsoever that this letter, which lobbies for the levy not to be enforced, is written by a west Tyrone Ulster Unionist councillor representing a cross-border partnership that is partly made up of Fermanagh and Omagh district councils? It is the ICBAN partnership. It is fair to say that Tom Elliott and his party colleagues in Fermanagh and Omagh are at odds on this issue.”
“They have also demonstrated that, when they arrive in Britain, in England, Scotland or Wales, there is a willingness to comply with payment. <BR /> <BR />Very interestingly, on 30 October, in was stated in a commercial motor truckers magazine that the British Government's initial target of collecting annual revenue for this levy came to a figure of £20 million. In the first six months of its implementation in Britain, it has yielded £23·4 million. The money is not ring-fenced for transport; it goes back to the British Treasury. I ask all parties in the House to think very carefully about this motion. I am not setting out to score points of a party political nature, but I ask Members to support the five prayer of annulment motions before the Assembly.”
“They refer jointly to the A5 as a special case, but, once again, we are reminded that DfT was not listening at any stage. Why should we dignify its deafness to us on this matter by approving this legislation today? I appeal to all Members to give this the most careful consideration and not to endorse bad law. <BR /> <BR />In my conversation with one of the leading Donegal hauliers this morning, he said that hauliers were not opposed to paying a levy at port entries in England, Scotland or Wales but that there is an issue because of the uniqueness of the island of Ireland and the north-west of Ireland; for example, the geographical peripherality of Donegal and how it feeds into the economy of the north-west on both sides of the border.”
“We just cannot ignore evidence like this. It is irresponsible for this to proceed and for people to ignore the evidence. <BR /> <BR />The British-Irish Parliamentary Assembly met in October. One of the committees of the British-Irish Parliamentary Assembly deals with EU affairs. In all, there are four committees in that structure. The European Union affairs committee looked at the issue, and Robert Walter MP and Joe McHugh TD said quite similar things. For example, Robert Walter said:”
“There are a lot of points made in this ICBAN correspondence, which was addressed to elected representatives by Mr Rainey some time ago, that are very useful in the context of this debate. It states that, in adding to this charge:”
“Hauliers are being penalised for providing a crucial service by the only transport means possible. <BR /> <BR />Then, in light of the Irish Government's existing commitment to the upgrade of the A5, Mr Rainey has said that the people of the South of Ireland will actually be contributing to road costs in the North. Some of the geopolitical language that I use might differ from that of Mr Rainey, but I am sure that you get the point. Conditions are such that hauliers from England, Scotland and Wales will be able to come into the South of Ireland, pick up Irish goods and pay no tax whatsoever.”
“For example, it talks about the fact that, in the North, roads are almost exclusively the only way in which to transport freight, as rail is limited. Of course, we had a nice wee debate yesterday in the House about the rail infrastructure from Coleraine to Derry, but many counties have been without any rail infrastructure at all since it was removed in the 1960s in one of the greatest acts of economic discrimination against the north-west that ever was applied.”
“He is a very strong public representative and currently chairperson of the Irish Central Border Area Network (ICBAN), which is a cross-border partnership comprising 11 councils — six from the North and five from the South. The matter of the HGV levy is deemed by that organisation to be of huge concern. In 2012, it conducted an evidence-based socio-economic and business case for improvements to the N16/A4, from Sligo to Ballygawley, and the N2/A5, from Monaghan to Letterkenny, transport corridors. <BR /> <BR />The study supports the case that the border area performs poorly in economic terms when compared with the wider island of Ireland and that that is, at least in part, attributable to its low-quality transport infrastructure. The letter goes on, at length, to refer to the particular circumstances of the island of Ireland.”
“It is regrettable that business with the nearest and what should be the most accessible market is inhibited through unnecessary trade barriers such as the HGV levy, when the focus should be on removing barriers to trade. According to figures from the Department of Finance and Personnel, trade with the South accounts for 37% of the North's gross value added (GVA), which is the best measure that we have to illustrate local economic output. The British Government should use section 3 of the Act to exempt our local road system, which would be a crucial step to ensuring that we protect our local economy from this poor legislation. <BR /> <BR />At this point, I want to refer to two pieces of correspondence that I have. One comes from Mr Allan Rainey, an Ulster Unionist councillor based in Omagh.”
“<BR /> <BR />As has been said repeatedly, the border areas have the highest rates of unemployment and deprivation, and it is there that consumers find the cost of living perhaps most burdensome of all. The crucial question that the Minister needs to answer today on behalf of DOE, and perhaps on behalf of his Executive colleague Arlene Foster, is this: has either Department carried out any significant body of research on the economic impact of the levy on smaller hauliers and single operators? If not, why proceed apace with the legislation and its enforcement without the necessary evidence base? <BR /> <BR />Local businesses, particularly SMEs, are looking to expand and find new markets.”
“A lot of that work would be disadvantaged by any new barriers introduced that would become new impediments to economic growth. <BR /> <BR />Speaking politically — although I do not speak for the Unionist parties — it is my understanding that both main Unionists parties are in favour of North/South economic cooperation when they deem it to be of practical benefit to all people on the island. Therefore, economic protectionism is not the way forward. If that were the chosen path — I reiterate a point I made earlier, through you, Mr Principal Deputy Speaker, to former Minister Wilson — the Government in the South could introduce a reciprocal measure of a tit-for-tat levy on hauliers travelling from North to South. Economic cooperation threatens no one and benefits us all.”
“Mr McMahon, to his credit, said that he will do everything in his power to ensure that that does not happen but that Southern hauliers would somehow have to recover the additional costs they would incur due to the levy. Hauliers, North and South, already have to pay for the cost of diesel, vehicle excise duty, driver wages, depreciation of their vehicles etc. <BR /> <BR />Huge work is being done by the two Agriculture Departments on the island, especially to grow the agrifood sector, and by the respective trade promotion Departments, not least DETI in the North and InterTradeIreland itself, to increase cross-border trade, which is already a massive contributor to both economies on the island and said to be worth £2·8 billion a year.”
“I thank the Member for his intervention. Later, I will refer to arrangements in the Benelux countries, which show greater flexibility than the Member was just prepared to entertain for the island of Ireland and its uniqueness. <BR /> <BR />I have no doubt that additional costs faced by hauliers will be passed on to local consumers through increased prices for the products they deliver. In a previous contribution to the Assembly, Members highlighted the statement by Mr Seamus McMahon of Linwoods, which is a company based in County Armagh. He said that he runs a large bakery, employing more than 250 staff. He said that the HGV levy could ultimately result in higher bread prices for local customers, because hauliers from the South provide the packaging and the ingredients for his business.”
“This is probably the last time that I will give way in the next five or six minutes.”
“I agree with you, Principal Deputy Speaker. I will speak to the Member in the third person singular from this point onwards. <BR /> <BR />I invite all Members to consider this truth: the cost of the levy will definitely be passed on to local consumers. There is a myth that the imposition and enforcement of the levy in the North will not have any impact on taxpayers or ratepayers in the North. That is a myth.”
“You seem to be very myopic on the whole question of cross-border cooperation in trade and commerce. You — the economics teacher. I wish you well. <BR /> <BR />The Irish Government have invested in the roads network in the North, and the haulage taxation bills in the South are significantly higher than they are in the North. However, I will say this —”
“I will not go into it now, but the Republic has yet to be established. I will put that to the one side.”
“You are not comparing like with like. Those are universal; they are on the M50 in and around Dublin. Everybody knows that. It is not for what they might call out-of-state visitors. Just imagine for a second that there was a tit-for-tat reciprocal measure. <BR /> <BR />This morning, I spoke on the telephone to a Donegal haulier who regularly leaves his base in Lifford to travel the few short miles to Dunnamanagh, where he collects sand and gravel. Does Mr Wilson seriously expect Mr Christy Gallagher from Lifford to pay £1,000 a year for collecting sand and gravel in Dunnamanagh and taking it back to Lifford? If he does, he is more foolish than I thought.”
“Thanks very much, Mr Wilson. Can you imagine the Southern authorities deciding to impose a tit-for-tat reciprocal countermeasure?”
“— five prayer of annulment motions. <BR /> <BR />I will certainly give way in about half a minute, Sammy. You just watch the clock and count back from 30. <BR /> <BR />That was hugely disappointing. I invite all Members, including the Member for East Antrim, to join with me on this one. I ask others to remain true to their earlier statements on the levy and vote logically with us on these five prayer of annulment motions. Without prejudice to the fact that you may be down to speak later, I will certainly give way to you, Mr Wilson.”
“<BR /> <BR />It is worth noting that there was not unanimity in the Environment Committee on the matter, although, disappointingly, the Minister's party colleagues voted to enable the DOE here to enforce the levy. I call on those Members to reconsider their position and to vote in accordance with these —”
“I genuinely do not want to engage in point scoring, but I call on the Minister and his party to vote according to the spirit of their earlier contributions to the debate on this issue. Minister Durkan, to his credit, has previously expressed concern, and, I think, still will, about the negative impact that this is all going to have on economic cooperation between North and South. He has previously stated that, coming from the north-west himself, he is particularly well placed to understand how this negative impact will be experienced most by the already hard-pressed haulage industry and SMEs along the border corridor. He publicly stated that the British Government did not give proper consideration to the island of Ireland's unique position when setting out to transpose this legislation.”
“I appeal to all parties in the Chamber to unite to prevent this bad law from coming into force. This is not simply about compliance with Westminster; it is about choice. We can reject these proposals and collectively work to ensure that the British Government use their power in the legislation to exempt all roads. That would have a minimal impact on the British Exchequer but would have the maximum impact on protecting the North/South economy. That is our local economy, and we in the North will lose out if it is damaged. We must remember that it is our local economy that receives the biggest return from the island economy and that our small- and medium-sized enterprises are reliant on cross-border trade.”
“If ever there was a misnamed official or elected representative — call him what you will — it is Robert Goodwill. Did you ever hear the like of it in your life? When goodwill was called for, all we got was bad will and bad faith. I suggest that Robert Goodwill head off and change his name by deed poll because it does not reflect his contribution to the HGV levy. He showed no goodwill at any stage; it is a total misnomer. He showed no good faith at any stage in the proceedings. <BR /> <BR />Of course, my main point is perhaps that it is in the gift of the Assembly to withhold consent to this bad law.”
“As an MLA, I was invited to and attended a meeting in Letterkenny in February 2014 on a Sunday afternoon. Although that might not have suited everybody, I went along. At the meeting in the Swilly Group building in Letterkenny, I listened to impassioned arguments from local hauliers. Later that same February, I facilitated, with others, a group of those hauliers and their cross-party elected representatives to meet Minister Durkan in this very Building. I was grateful to the Minister because he responded at short notice, attended and lent an ear to the hauliers who came along that day. <BR /> <BR />The British Minister responsible for pushing and driving this agenda is Stephen Hammond. He offered up as a point of contact — a conduit for this message — Parliamentary Under-Secretary Robert Goodwill.”
“The logic of the A5 speaks for itself, given the geographical location and peripherality of County Donegal. Failure to secure any exemption for the A5 has compounded and will compound Donegal's plight. I commend the Minister for his attempts to secure an exemption for the A5, but they fell on deaf ears. I expect consensus on that. <BR /> <BR />It is a fact — I stand to be corrected — that the only point of exit out of Donegal that does not involve the Six Counties is Ballyshannon bridge. It is also worth noting that the Irish Government have invested and pledged significant funding to the A5 upgrade and to others on the island of Ireland.”
“<BR /> <BR />No one in this Assembly — not even, I suggest, the most integrationist unionist — can argue that this part of the world is any more than an afterthought for politicians in the south-east of England. British policies are not designed to cater for the needs of the people of the North of Ireland; they are made in Westminster for the benefit of the 97% that constitutes the British economy and not for the 3% in the North of Ireland. This levy is but one example of legislation that has been enacted in Westminster but which is not fit for purpose here. <BR /> <BR />Members will know that exemptions are being allowed for seven kilometres of the roads network close to Cullaville and Clones, but this has been described in the past, quite accurately, as rather pitiful in the larger scheme of things.”
“However, DfT did not listen to any attempt to secure what some might describe as a fairer and better deal, never mind to objections to the levy in principle. One of the reasons why DfT is not listening and has not listened is that it consistently exhibits no understanding whatsoever of the more complex issues that affect the island of Ireland, which is on the edge of Europe and which has two separate economies and tax regimes — all on a small island with 6·5 million people. Of course, everybody knows that, on the island of Ireland, the economies are intertwined. There is an interdependency, linkages and relationships that have been built up over decades that can easily be damaged.”
“It did not listen to Minister Attwood in his time. It did not listen to what Minister Durkan or Minister Varadkar had to say about this HGV levy. DfT did not listen to any Minister on this island regarding attempts to secure, for example, an exemption for the A5 or any other measure that might mitigate the impact of this levy. In the Chamber, an Ulster Unionist MLA — I think that it was you, Mr Deputy Speaker — described as very reasonable the notion that there could or should be an exemption for the A5. That was never my position; of course there should be an exemption for the A5, but we want an exemption for all roads in the North because of the unique geography of the island of Ireland. <BR /> <BR />You said yourself, Mr Deputy Speaker, that you felt that seeking an exemption for the A5 was a reasonable objective.”
“Suzie provided Members with a very helpful briefing note outlining the technical content of these statutory rules. <BR /> <BR />The Department for Transport (DfT) in Britain is not listening and has not listened. Crucially, this legislation — this bad law — requires the approval of the Assembly. We must not give it. It should not come as a great surprise that the Department for Transport has not listened at any stage of the process. It did not listen to us or to the lobbyists from the north-west and Coleraine about the need to retain Driver and Vehicle Agency (DVA) jobs there. It did not care a damn about jobs in Coleraine. It is a long distance from the south-east of England to Coleraine, and nowhere was that distance more keenly felt than in the DVA jobs debate. <BR /> <BR />The DfT did not listen to us.”
“I say "so-called" because not in my wildest imagination could I contrive a scenario in which a haulier from Donegal drove into and did business in County Tyrone, Fermanagh or Derry being worthy of any such charge or fixed penalty. <BR /> <BR />The Road Traffic (Fixed Penalty) (Amendment) Order (NI) 2014 inserts the amount of £300 for the fixed penalty, while the Road Traffic (Financial Penalty Deposit) (Amendment) Order (NI) 2014 and the Road Traffic (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order (NI) 2014 constitute further parts of this legislation relating to the amount set for the financial penalty deposit etc. At this point, I want to thank Suzie Cave from the Assembly's Research and Information Service (RaISe).”
“In the context of all-island trade and North/South cooperation — I gcomhthéacs comhoibriú trasteorann — economic development, business and commerce, this levy is an absolute nonsense as far as the island of Ireland is concerned. <BR /> <BR />By way of further technical explanation, I should outline that the secondary legislation deals with financial deposits, penalties and powers to require payment when a vehicle is found using a road in the North without having paid the appropriate levy. The Road Traffic Offenders (Additional Offences) Order (NI) 2014 creates the so-called offence of using roads here in the North without having paid the levy. The Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (NI) 2014 refers to the fixed penalty that should be applied to this so-called offence.”
“They will point to the fact that this levy has come about as a result of a European directive. They may also say that this levy is an excepted matter and that responsibility for its implementation rests with the Department for Transport in Britain. That may be so, but I emphasise that the Assembly is not powerless in this matter, and it is a fact that our Department of the Environment can withhold its consent, because, for this bad law to come into force, the Department of the Environment is required to introduce secondary legislation. It is this secondary legislation that we are praying against today in the Chamber, essentially in order to prevent bad law. <BR /> <BR />The HGV levy is one of the most regressive taxes ever introduced here. It fails spectacularly to take into account the particular circumstances of the island of Ireland.”
“Go raibh maith agat. An chéad rud ba mhaith liom a rá go bhfuil mé sásta na cúig rún impí chun neamhniú seo a mholadh. I am pleased to move the five prayer of annulment motions, which essentially seek to annul and pray against statutory rules 2014/230 to 2014/234, inclusive. In essence, Sinn Féin is resolutely opposing any legislation, or enforcement of such legislation, that would introduce and preside over any charge for the use of the road network in the North of Ireland by heavy goods vehicles from the rest of this island. That is, principally, our case set out in one sentence. <BR /> <BR />However, I will elaborate. I am sure that others in the debate will emphasise a wider European context for the introduction and enforcement of this legislation.”
“I thank the Minister for his answer and for his agreeing to meet me and a number of architects and planning advisers from County Tyrone in the near future to discuss this. Ahead of that meeting, can I seek a commitment from the Minister that he will approach with an open mind any new ideas, proposed amendments and proposed improvements to PPS 21, especially if they improve the life chances of rural people who want to live and build in the countryside?”
“Can I have an additional minute for my supplementary? OK.”
“I thank the Minister for his answer. He will be aware of my long-standing interest in the issue. Does his recent welcome decision to develop and enhance the addictions treatment unit in Omagh, together with the commencement of the building of the new hospital, provide compelling arguments for the retention and development of acute mental health services there, where they have been professionally delivered for over 100 years?”
“I thank the Minister for his reply. Ba mhaith liom mo bhuíochas a ghabháil leis an Aire. I further ask the Minister whether he accepts that the current valuation threshold may be set too high to provide appropriate protection for tenants?”
“Will the Minister detail what efforts have been made in recent years to remove barriers to access for students from the North going to universities in the South and vice versa? I understand that both Minister O'Dowd and Minister Farry have been involved in this work, but what more can be done to increase that student flow?”
“Go raibh maith agat, a LeasCheann Comhairle. I thank the Minister for his answer. Is there any early indication that the signature project involving newly qualified teachers had any effect on results in 2013-14?”
“Thank you very much. I hope you are all keeping well. Will the Minister clarify one area, if not now, in writing? I would like clarity on an area that is causing uncertainty — students undertaking second degrees in courses that relate to allied health professional courses. There seems to be a different take at DEL and the Western Education and Library Board regarding the entitlement of students to avail themselves of student finance in second degrees relating to NHS or allied health professional courses. I invite the Minister to comment on that and explore that.”
“He left out Greencastle in County Tyrone. It is between Creggan and Gortin in the Omagh district in mid-Tyrone.”
“On a point of order, Mr Deputy Speaker. I was listening carefully to Minister Kennedy, and he referred to a number of Greencastles.”
“Go raibh maith agat, a LeasCheann Comhairle. What direct or specific advice would the Minister or his Department give an MLA to pass on to a very distressed mother who contacted me on Friday evening to say that she had just found evidence of the wrongly named legal highs in her 17-year-old son's bedroom? She has since found out that it was Magic Dragon, three grams of which cost £24.”