NORTHERN IRELAND ASSEMBLY Tuesday 27 May 2008 Assembly Business: Ministerial Statements: Executive Committee Business: Committee Business: Private Members’ Business: Oral Answers to Questions: Private Members’ Business: Adjournment: The Assembly met at 10.30 am (Mr Speaker in the Chair). Members observed two minutes’ silence. Commission for Victims and Survivors Bill Royal Assent Mr Speaker: The Commission for Victims and Survivors Bill received Royal Assent on Friday 23 May 2008, and it will be known as the Commission for Victims and Survivors Act (Northern Ireland) 2008. Local Government (Boundaries) Bill Royal Assent Mr Speaker: The Local Government (Boundaries) Bill received Royal Assent on Friday 23 May 2008, and it will be known as the Local Government (Boundaries) Act (Northern Ireland) 2008. North/South Ministerial Council Mr Speaker: I have been advised that a meeting of the North/South Ministerial Council in education sectoral format will be held on 28 May 2008 and that a meeting of the Council in health and food-safety sectoral format will be held on the same day. Copies of the letters that set out the agendas for those meetings and the names of the Ministers who will attend have been placed in the Library. Environmental Governance Mr Speaker: I have received notice from the Minister of the Environment that she wishes to make a statement on environmental governance. The Minister of the Environment (Mrs Foster): As Members are aware, the Department of the Environment (DOE) has a broad remit that includes matters such as local government and planning. At the heart of that remit is the responsibility to protect and enhance our built and natural environment. In order to do that, we need effective systems of governance and regulation. I have thought carefully about my approach to those systems, taking account of the independent review of environmental governance (REGNI), which was led by Professor Tom Burke, and the Criminal Justice Inspection Northern Ireland’s (CJINI) report on enforcement in the DOE. Those reviews were carried out under direct rule, but I have considered their recommendations in the context of the restoration of the Assembly and the Executive. To help me to develop my ideas, I listened to the views of Members and of stakeholders in the business, farming and environmental sectors. I sought advice from my counterpart in the Scottish Government, and I took account of the wider policy and financial considerations. I am therefore pleased to be able set out today my goals for the future of environmental governance. Those goals have a particular focus on my agenda for better regulation. The restoration of the Assembly and our devolved institutions, including the Executive, has meant the restoration of local responsibility and accountability. Our governance system has fundamentally changed. I, as Minister, am accountable to the Assembly and to the electorate. The Committee for the Environment scrutinises my Department’s performance. Arrangements for accountability are much more effective than existed under direct rule. I am satisfied that those arrangements have provided the clarity and transparency that was previously lacking, and the absence of which was the subject of much criticism from Professor Burke and his colleagues. Decisions that I have taken as Minister will help to determine the future shape and nature of our system of local environmental governance. My recent announcement on the review of public administration (RPA) will mean greater local responsibility and accountability, with the transfer of significant functions from Departments to the 11 new councils in 2011. Major planning responsibilities will transfer, including development control and enforcement. Councils will draw up local development plans for their respective areas, ensuring that local people have a say in how those plans are shaped. My fundamental review of the planning system will streamline the planning process, making it more effective and better prepared for the RPA transition. I will take my emerging proposals to the Executive soon. We have already made significant improvements to the planning system. The introduction of pre-application discussions with planners means that developers know exactly what information is required before they submit applications. Streamlined consultation with the city council in Londonderry means that approvals for minor applications are issued in 20 working days. Having assumed responsibility for planning policy statement 5 (PPS 5), PPS 12, PPS 13, PPS 14 and PPS 20 from the Department for Regional Development (DRD), my Department is now responsible for all planning policy statements. The review of environmental governance’s central recommendations involved organisational change. The review team proposed the transfer of environment-related responsibilities from other Departments to mine. It also suggested that an environmental protection agency be created by merging the responsibilities of DOE’s Environment and Heritage Service (EHS) with those of the Rivers Agency and the Loughs Agency in the Department of Agriculture and Rural Development (DARD) and some Department of Culture, Arts and Leisure (DCAL) functions. Although there may be arguments for moving all environment-related functions to DOE, strong arguments also exist for leaving them exactly where they are. The Minister for Regional Development, the Minster of Agriculture and Rural Development and the Minister of Culture, Arts and Leisure have all set out practical, and even constitutional, reasons why the transfer of functions is not appropriate at this time. As the Assembly knows, the Programme for Government commits us to a review of Departments by 2011. It seems obvious that that is the proper context in which to consider any fundamental restructuring of departmental responsibilities. My record, and that of my Department, demonstrates my commitment to working co-operatively across the Executive at all levels, and I will continue to do that. My priority is to build a modern, risk-based approach to regulation. We will make a fresh start, with our sights firmly fixed on regulation. EHS — indeed, the wider Department — already has an impressive pool of intellectual capacity and practical ability, as well as a determination to get things done. That is a valuable and irreplaceable resource of which we can be proud, and we must deploy it wisely in order to achieve our objectives. EHS has the necessary expertise and capability. I will retain and reorganise it as a DOE executive agency, and launch it on Tuesday 1 July as the “Northern Ireland Environment Agency”. Its mission will be to protect our built heritage and natural environment. The new agency will carry out EHS functions and build on its successes. Last year, EHS supported the maintenance of 97 listed buildings, and its funding of 19 biodiversity officers resulted in district councils declaring seven new nature reserves. In total, EHS has declared 257 areas of special scientific interest (ASSIs), and those cover 94,400 hectares. That important work is the backbone of environmental protection. I appreciate that some people will be disappointed by the decision not to make EHS an independent agency, as the Burke Report recommended. I say to those people that I, and my party, take the role of environmental governance too seriously to externalise the organisation. The return of devolution resulted in the appointment of local Ministers to make decisions. I am opposed to the setting up of yet another quango in which unelected people will take decisions on behalf of the people of Northern Ireland. I am Minister of the Environment, and it is I, along with my Executive colleagues, who will take the decisions that will be scrutinised by the House and by the Committee for the Environment. My decision today will result in certainty in environmental governance, both for staff in my Department and in the wider community. It means that we can get on with the job of better governance for the people of Northern Ireland. My environment agency will develop a new, more focused approach to environmental regulation, and on that the EHS has already made an excellent start. On 29 May, I will convene the first meeting of our better regulation board. Its members will be leaders in the agriculture, construction, water and business sectors. In speaking directly to opinion-formers at that level, my aim is to inject environmental concerns into the lifeblood of industry. I want to inspire action, not just because it is the right thing, but because it makes sound economic sense. For example, responsible waste management can shave up to 25% off construction costs. The board will be about dialogue. I want to hear directly from industry what its needs are. I want to learn how the Department can help businesses to help themselves to improve their compliance. The board will meet twice a year and will kick-start action. Also on 29 May, I will formally issue our ‘Better Regulation for a Better Environment’ document. Through that programme of action, we will modernise and simplify our approach to regulation. By working in partnership with the better regulation board, we will maximise environmental benefit and minimise the cost to business. Our programme reflects European and UK better regulation principles. It is risk-based, with the most robust action focused on the most damaging activities; accountable, with regulatory actions explained and decisions justified on the basis of public standards and criteria; consistent, in that rules and standards are applied fairly; transparent, with rules that are simple and user-friendly and policies that are clearly explained; and targeted, both on the problem and on delivery of the desired outcome. Through the better regulation programme, the environment agency will help businesses to comply by giving them clear guidance that will take the guesswork out of compliance and provide tools to help them improve their environmental performance. It will streamline the process of granting permits by introducing on-line application and payment systems. In the longer term, there will be standard permits, simpler registration, management agreements and codes of good practice for lower-risk activities. The agency will also change the way compliance is assessed, so that more resources are targeted on activities and sites that pose greatest environmental risk. In the longer term, site visits will move beyond ensuring compliance: they will consider overall environmental performance and opportunities for savings. The Northern Ireland environment agency will not have to start from scratch. NetRegs already provides online regulatory information and advice that benefits small businesses. The better regulation and simplification review will reduce the regulatory burden on the agrifood industry: EHS has already taken steps to rationalise its activities in relation to water-discharge consents, packaging regulations and inspection for cross-compliance in relation to single farm payments. All those examples show how, within current arrangements, we are already finding opportunities for modernisation and acting upon them. Future action will build on those early steps. Environmental crime is not just bad news for the environment; it is also anti-competitive. The responsible businesses that comply are undercut by the rogues and criminals who do not. The environment agency will have to act, and be seen to act, to stop criminals and reassure legitimate businesses. It must hit perpetrators where it hurts most — in their pockets. Illegal waste activities present EHS with a serious challenge, and its response has been equally serious. Since formation in 2003, its environmental crime team has investigated 5,779 incidents of illegal waste activities. It has secured 299 convictions, which have resulted in more than £670,000 in court fines, 13 prison sentences and four confiscation orders. Recent developments mean that future action will be more effective than before. The Serious Crime Act 2007 classified the most serious environmental crimes alongside armed robbery and money-laundering and introduced new powers to deal with them. 10.45 am Assets recovery is more effective than are court fines as a punishment and a deterrent. During the past financial year, the Assets Recovery Agency (ARA), in association with the EHS, obtained orders to confiscate assets worth more than £833,000 in four cases following prosecutions involving the illegal dumping of waste. In one such instance, the owner of an illegal dump received a confiscation order for £100,000 and, at the Crown Court, an 18-month suspended sentence following a guilty plea to breaches of waste management and water pollution legislation. The EHS has a team of financial investigators who are fully trained and accredited in line with the Proceeds of Crime Act 2002. They work with the Serious Organised Crime Agency (SOCA) and the PSNI, and they are investigating illegal dumping with a view to confiscating perpetrators’ illegal earnings. In April 2007, Northern Ireland Water took over DRD’s water supply and sewerage duties and improved the regulatory and enforcement landscape. Unlike DRD, Northern Ireland Water does not enjoy Crown immunity from prosecution. It is, therefore, subject to the full range of the EHS’s enforcement powers. The EHS has brought two successful prosecutions against Northern Ireland Water for water pollution, the most recent of which was earlier this month and which resulted in a £5,000 fine. A number of potential enforcement cases are under consideration. To increase the speed and improve the effectiveness of enforcement action, I will implement an agency-wide environmental crime unit — as recommended by the review of environmental governance for Northern Ireland and the Criminal Justice Inspection — which will build on the success of the existing waste environmental crime unit. A wider range of sanctions and penalties is also required. The use of stop notices, voluntary undertakings and fixed penalties would empower the EHS to work with businesses to ensure rapid and effective change. They would also free up more resources to deal with the most serious offenders. Some £0·77 million will be invested in better regulation and the environmental crime team in 2008-09, and that will rise to £1·98 million in 2010-11. That investment will allow the creation of 40 new posts. The EHS and the planning and environmental policy group have grown to meet myriad demands and requirements. Their focus has been on getting the job done, and it is right that that is the case. My officials need to examine closely the balance of responsibility and the relationship between those two parts of my Department. I want to see clear blue water between the role of the core Department as policy-maker and legislator and the role of the environment agency as protector, regulator and enforcer. Together, the Department and the environment agency must share the objective of fulfilling our European obligations, and we must ensure that those are matched by the talent and resources available to us. I am convinced of the need for transparency and openness in decision-making. In order to achieve that, I will recruit two independent members to the board of the Northern Ireland environment agency. Those members will have a broad perspective that has been gained from experience elsewhere, and they will be independent thinkers who will bring a fresh perspective to the business needs of the agency. At the same time, they will have the ability to challenge constructively and to act as critical friends. The EHS publishes the minutes of its board meetings, team briefs, corporate and business plans, performance data, accounts and other essential information on its website. Furthermore, it is subject to the Freedom of Information Act 2000 and the environmental information regulations. The Committee for the Environment scrutinises its work, and Assembly Members question me on it. I am keen to make decision-making even more transparent, and I have decided that the environment agency’s board meetings should be open to the public. As part of the RPA and planning reform programme, I will also ensure that the environment agency becomes a statutory consultee in the planning process, and with that will come the requirement to comment on planning applications within a specified time. There are three statutory advisory councils: the Council for Nature Conservation and the Countryside; the Historic Buildings Council; and the Historic Monuments Council. Professor Burke and his team proposed that they should be amalgamated. Each council has a distinct and necessary role that is enshrined in legislation, and membership comprises volunteers who bring expertise and experience, and they do an excellent job. Members of those councils do not believe that amalgamation will bring any additional benefit, and nor do I. Their chairpersons are in regular contact with each other, and the councils co-operate as they see fit to fulfil their objectives. The Historic Buildings Council and the Historic Monuments Council work together on the joint committee for industrial heritage on projects such as advising my Department on the Titanic Quarter. I encourage the councils to work in partnership, but I will not change their status. I appointed Patrick Casement as chairperson of the Council for Nature Conservation and the Countryside recently. Next spring, I will reconstitute both that council and the Historic Monuments Council, and recruitment for that will commence this autumn. Indeed, preparations for that work are already in hand. Professor Burke said that: “Accurate, rigorous and timely data as to the state of the environment is essential to good environmental governance.” I could not agree more. On 9 April, our first state of the environment report was published. It sets out 30 baseline indicators in six environmental policy areas. Those indicators are robust figures that allow comparison with the rest of the UK and with the Republic of Ireland. We will revise the state of the environment report every year so that we can keep track of developments. That is not the only way in which we share data and knowledge. In April alone, three significant conferences were held that the DOE supported: the environment forum; the EHS research conference; and the marine and coastal forum conference. On 20 May, which was just last week, we held our major conference on the built heritage. I have described how we will increase openness and transparency in our regulatory system. We also need to present our policies and plans — and the European obligations that drive them — more openly and transparently. European environmental legislation is notoriously complex, and there is an awful lot of it. That means that our policy framework is also voluminous and complex. The challenge for us is to ensure that it is better articulated. That is why I am commissioning Northern Ireland’s first White Paper on the environment, which will be published during the lifetime of this Assembly. The White Paper will identify our major objectives on waste management, climate change, biodiversity, water, landscape and the built heritage. It will map out our commitments and demonstrate how we will work with other Departments to protect and enhance the environment by fulfilling our European obligations and by implementing effective and complementary initiatives of our own. It will refer to the state of the environment report and will link the Programme for Government, the sustainable development strategy and individual policies and strategies. It will look ahead to 2025 and, in particular, will focus on the next Budget period, which will cover the years 2011-14. I am confident that the reforms that I announced today will deliver better environmental governance in Northern Ireland. However, to ensure that effective regulation is being delivered, I believe that in 2011 there should be an independent review of the policy, of legislative development in the Department of the Environment, and of the effectiveness of the Northern Ireland environment agency as a protector, regulator and enforcer. As I said, I want better regulation for a better environment, and that is what we will deliver. We will do that by clarifying and simplifying the existing system, by deploying our talents and resources where they are most needed and by working in partnership with others. We will prioritise and focus on the real problems, which we will solve. Mr Speaker: Given the importance of the Minister’s statement, I am aware that some Members may feel that they also want to make a statement. I warn the House that it is vital that only questions are posed in response to the Minister’s statement. Of course, Committee Chairpersons are allowed some latitude before asking their questions. The Chairperson of the Committee for the Environment (Mr McGlone): Go raibh maith agat, a Cheann Comhairle. Given the nature of the Minister’s announcement, it is inevitable that there will be more questions. However, it remains to be seen whether they will be answered. I thank the Minister for her statement, to which the Committee for the Environment will formulate its response in due course. Indeed, several specific issues have cropped up during meetings of the Committee for the Environment. In October 2007, the Criminal Justice Inspection NI published a report on enforcement in the DOE. Conclusion 2.3 of that report refers to the EHS as an agency whose operational activities are: “fragmented, encouraging a ‘silo’ approach to its enforcement activities with little integration of methods, systems or effort.” It also states that there is: “a lack of communication and interaction between the various units.” Subsequent to that report, the Committee wrote to the Department. We received a response advising that the detail of the Department’s response was inextricably linked to the outcome of the review on which the Minister has made a statement today. The Committee would like some appraisal of that and of how certain methods highlighted in that report have been changed to bring us to the point where we are today. The Minister’s statement today — and specifically the wide range of sanctions and penalties needed — was also discussed at Thursday’s Environment Committee meeting. Indeed, members were very anxious to establish whether representation had been made to the Public Prosecution Service or the courts, either by the Minister or on behalf of the Minister, in relation to these matters. I am sure that that would be of interest to the whole House. These are the issues that I would like to raise on behalf of the Committee. Speaking as an MLA, I wish to refer to ‘Foundations for the Future: The Review of Environmental Governance’ — specifically chapter 5, which deals with environmental regulation. What is the view of the Minister or her Department on how the regulatory responsibility for functions can or should be transferred to the new agency in an independent capacity in relation to pollution prevention and control; waste management; the protection of species and habitats; sustainable water management; the built heritage, including archaeology; sustainable inland fisheries; and the like? There were also recommendations that the Planning and Water Appeals Commissions should be restructured and developed to create a new environmental tribunal for Northern Ireland. What is the Minister’s view on that? There were also issues — Mr Speaker: Order. I really must insist that the Member comes to the close of his question. Mr McGlone: Sorry; I was asking questions and trying to elicit information. I was not making a speech. I will be brief, as I have only a few more points to make. [Laughter.] Shortcomings were highlighted with respect to legal specialisms and the in-house lawyer specialisms. The environmental protection department should have a sufficient mass of expertise in science, economics and law. The report also stated that the arguments for a non-departmental body, a non-ministerial Department, or a transfer of enforcement powers to local government were not convincing. Instead, it called for an independent body. I am anxious to hear why the Minister has not taken this independent course in light of the recommendations contained in the report and from other bodies external to the Assembly. Mr Speaker: Minister, before you answer those questions, it is obvious that there might be multiple questions from Members for the Minister today. If Members insist on asking multiple questions, the Minister may decide to answer any or none of them. Members must realise that. If Members ask multiple questions, it is very difficult for a Minister to answer them all. In fact, it is almost impossible. The Minister of the Environment: So I have multiple-choice questions — Mr Weir: The answer is c. The Minister of the Environment: OK. I thank the Chairman for his many points in relation to the statement this morning. The first point was in relation to the CJINI report of last year. He will recall that that report called for a more joined-up way of dealing with enforcement. In my statement today I stipulated that there would be an agency-wide enforcement unit. This shows that I am taking on board the CJINI recommendation in relation to that issue. Therefore, we are having effective waste management not just in environmental protection but right across the agency, be that in water management or, indeed, in wildlife crime or illegal waste. We are dealing with all the issues through what I believe to be a very good model, worked up in respect of waste enforcement. The review will also deal with the issue of a need for sanctions and penalties. Proportionate regulation is required, so the environment agency must have a wide range of sanctions available. I believe in that strategy, which places education before — respectively — regulation and enforcement. It is important that the environment agency has that under its wing, because education is vital to many businesses. For example, the Environment Agency of England and Wales uses education as a tool in much of its work with various sectors. I am keen to emulate that through my new environment agency. 11.00 am As I said, the review of environmental governance was commissioned under direct rule by the then Minister with responsibility for the environment, Jeff Rooker. In June 2007, the REGNI report’s authors presented me with their findings. However, much of the report was set in a direct-rule context, so I then had to assess it in the context of devolution. That is part of the reason why we have decided not to establish an independent environment agency. The Chairperson of the Committee also asked whether representations had been made to the judiciary about fines. As he knows, the REGNI report contains a section on environmental justice. I felt, therefore, that it was appropriate that I send a copy of the report to the Lord Chief Justice. In his response, the Lord Chief Justice took issue with the report’s comments on sentencing in environmental cases. He said: “The report does not provide evidence to support this statement. The very least one might have expected would have been for the group to have sought my views before making this bold statement.” It is regrettable that the report’s authors did not take the opportunity to speak to the Lord Chief Justice on environmental regulation. The formal response to the CJINI report will be published in July. Moreover, as the Member is aware, the Planning Appeals Commission is within the remit of OFMDFM, which has no plans to amalgamate it with DOE. Finally, I address the Chairperson in his capacity as an SDLP Member. I have received many calls during the review of draft PPS 14 to increase the number of single houses in the countryside. That contradicts the call for an independent environmental protection agency to be established. The Member, and others who call for more single houses in the countryside, cannot have it both ways. Some Members need to start participating in joined-up government. Mr Weir: I welcome the Minister’s statement, which advocates efficient and effective environmental protection rather than bureaucratic burden. This morning, as is a Member’s role I tabled to various Ministers and Departments several questions that focus on the pollution of our beaches, which is an important issue. Will the Minister assure Members that, rather than abdicating responsibility for environmental protection and subcontracting it to an arm’s-length body, her proposals will ensure that proper accountability remains with the House? The Minister of the Environment: That is why I felt that environmental governance needed to be kept within the Department of the Environment’s remit. Although I recognise that a need to reorganise EHS and change its culture existed, my proposals will result in better regulation for a better environment. The Deputy Chairperson of the Committee for the Environment (Mr Boylan): Go raibh maith agat, a Cheann Comhairle. I hope that the Minister was not referring to me when she mentioned PPS 14. Although I thank the Minister for her statement, I am disappointed because she has missed a good opportunity to introduce an independent environmental protection agency (EPA). The Minister mentioned some positive aspects about EHS; however, it has a bad record when it comes to planning and illegal dumping, particularly in border areas. How will the Minister ensure that the service offered will be effective and efficient? Furthermore, bearing in mind how border areas are affected by the dumping of illegal waste, what consultation did she have with her counterpart in the South in making her decision? Go raibh maith agat. The Minister of the Environment: I thank the Member for his question. He will be aware of a road map that was drawn up with John Gormley, Minister for the Environment, Heritage and Local Government, and his team in the Republic of Ireland to address the issue of the illegal dumping of waste. I was so concerned about that issue that I wrote to Mr Gormley earlier this year to try to bring some degree of urgency to the issue of the repatriation of waste from two sites in particular — one in Fermanagh and one in Tyrone. My aim was to ensure that the repatriation was conducted in a more effective and efficient manner. Dialogue about the illegal dumping of waste between me and Mr Gormley is ongoing. I said in my statement, and I make no apology for it, that the issue of the illegal dumping of waste is challenging. It not simply an issue of people deciding to throw a couple of bags of rubbish over a hedge; it is big business, and large amounts of money are involved. That is why I believe that an agency-wide approach to the issue is required. A lot more powers are now available to address such issues, not least the Proceeds of Crime Act 2002 and the Serious Crime Act 2007. Those powers will enable us to take effective action, not relying simply on fines, but using confiscation orders for those who break the law and who are benefiting from a great deal of money. I want to tackle such issues personally. I have taken a close interest in the work of the illegal dumping unit in the Department of the Environment, and I will continue to do so. Mr Gardiner: I am disappointed with the Minister’s statement. I now understand why no members of her own party even bothered to attend the meeting in the Park Avenue Hotel about the setting up of an environmental protection agency. Will the Minister explain why she feels that Northern Ireland should be the only part of the United Kingdom not to have an environmental protection agency? Is she prepared to create a local version of an environmental protection agency that would take account of the concerns of farmers and rural dwellers, especially given that agriculture is a bigger part of Northern Ireland’s economy than is the case in other parts of the United Kingdom? The Minister of the Environment: It is interesting that the Member has recognised that farming is a huge issue in Northern Ireland, especially given that I saw a statement of his over the weekend that singularly failed to recognise that. Some 85% of land in Northern Ireland is owned and managed by farmers. Therefore, farmers are key stakeholders in environmental management. That is why I want to work with farmers and with the business sector to bring about education that will lead to better regulation. If such education does not work, we will move to the regulation of environmental governance, and, if that does not work, we will move to enforcement. That is a clear way in which to address the issue of environmental governance in the future. I have every confidence that that will work. I note the Member’s disappointment with my statement and with my efforts to address environmental governance and to tackle environmental crime. It is worth noting that when members of his party were in my position, nothing was done about better regulation and better governance for the future. In fact, it was the then Minister of the Environment, Mr Dermot Nesbitt, who created the sewerage hotspots in Northern Ireland that nearly resulted in our being fined by the European Court of Justice for the first time. Therefore, I will take no lectures from the Ulster Unionist Party about environmental governance and better regulation for the country for the future. Mr Ford: I thank the Minister for her statement. Given that representatives of three of the Executive parties have expressed concerns about the Minister’s statement, will she clarify whether it is agreed Executive policy or a solo run? On a more substantive point — [Interruption.] That was a question. In her lengthy statement, the Minister failed to address the recent High Court ruling on the issue of independent environmental advice to the Planning Service, although she did refer to the EHS becoming a statutory consultee. Given that she referred to “my environment agency”, how can the Minister possibly persuade either people in Northern Ireland or the courts in Europe that that agency will be adequately independent? The Minister of the Environment: I thank the Member for his questions. I took this matter to the Executive Committee last Thursday. It is not a cross-cutting issue, and therefore I did not seek the support of Executive members. I brought the statement to the Executive out of courtesy, so that they knew what would be in my statement today. The Member knows full well that that High Court ruling is being appealed, and therefore I cannot answer his questions. I am somewhat surprised that he asked such questions, given the fact that that matter is before appeal in the High Court. Mr Ross: I find it quite staggering that the parties in the Assembly that wanted devolution in order to have local accountability now want to give powers away to an independent agency that is not accountable to this Assembly or to the Environment Committee. Will the Minister outline the cost of setting up an independent EPA, including running costs on a yearly basis? Will she also outline how successful independent EPAs have been in other jurisdictions? The Minister of the Environment: It was disappointing that the REGNI report did not fulfil its terms of reference and provide the estimated costs of an environmental protection agency. It has taken some time to try and guesstimate the amount of money that it would take to do what the REGNI report envisaged. From an administrative point of view, it would cost at least £2·5 million to set up an independent environment protection agency. It would also cost an additional £600,000 per year to run such an agency. That does not take into account the diseconomies of scale that would be involved in having an independent environmental protection agency, because such an agency would have to buy in expertise. The Chairman of the Environment Committee talked about the agency having the appropriate expertise — an independent environment protection agency would have to buy in that expertise. From time to time, this House hears about how much is spent on consultants, and we all know that the public does not like those high costs. The Member also asked whether other jurisdictions that have independent protection agencies have a better record than Northern Ireland. The Republic of Ireland has an independent agency, as does the rest of the UK. Both those countries have been infracted by the European Commission for breaches of environmental governance. Having an independent protection agency would not make a difference: I want to make a difference in relation to better governance and better regulation. I listened to the Friends of the Earth spokesman this morning, and I listened to others. I look forward to the day when those people put themselves up against me for election; to see what the people of Northern Ireland believe is the best way to achieve better regulation and better governance. Some Members: Hear, hear. Mr McKay: Go raibh maith agat. I thank the Minister for her statement. It is an understatement to say that her announcement will be met with disgust and dismay by the entire environmental sector and the majority of this Assembly. The EHS record of protecting the environment is clearly abysmal, and the review of environmental governance was correct to recommend that an EPA should be independent of Government, while remaining accountable to the Assembly through the chairperson of the agency. I agree with the Minister that farmers are key stakeholders in protecting the environment. Will the Minister admit that she has punished the environment sector by not trying to address the concerns of some people in the agriculture sector? The Minister of the Environment: I am absolutely amazed by the Member’s comments. I wonder whether the Member was in the Chamber to hear what I am doing to achieve better regulation and a better environment in the future. The Member said that the entire environment sector will be opposed to what I said today; he is wrong. I will tell Members why he is wrong. The built-heritage sector had grave concerns about what was said in the REGNI report, and the Member knows it. It is remiss of Members to misrepresent the stated opinion of Government environmental agencies on environmental governance. 11.15 am The REGNI report came to me after a period of direct rule. The Member is on the Committee for the Environment. Is he happy to hand away his scrutiny of what goes on in environmental governance and regulation? I am disappointed about that. I thought that, after recent instances, he would find himself to be the guardian of the environment and would want to take on board current environmental regulation and governance concerns. I wrote to two of his ministerial colleagues about transferring powers from DARD and DRD; however, they did not want to transfer those powers to the DOE and have it deal with them. The Member should speak to his ministerial colleagues about the transfer of regulations to DOE. Mr T Clarke: When does the Minister hope to set up the working group with businesses on environmental governance, and who will be on that working group? The Minister of the Environment: The better regulation board will have its first board meeting on Thursday this week, and it will be made up of members from the environmental, water, construction and farming sectors. Bringing together all of those sectors will be a good body with a better understanding of what better regulation means for Northern Ireland. Mr Elliott: In her statement, the Minister said that EHS already has an impressive pool of intellectual capacity, practical ability and determination to get things done. When were those people appointed? It must have happened quite recently because, as yet, I have failed to meet them. Does the Minister accept that EHS has been successful in clamping down on small businesses and individuals and, due to its focus on those minor discrepancies, has failed to clamp down on the major offenders in environmental issues in Northern Ireland? The Minister of the Environment: It is a sign of weakness when Members have to attack civil servants to get their points across. It is pathetic of the Member to ask questions about the intellectual capacity of EHS staff, who have a proven record on their scientific abilities. I am interested to hear the Member’s views, and whether he is in favour of an independent environmental projection agency. At the Balmoral Show two weeks ago, he told us how he was working with the farmers for better regulation. With regard to hitting small business and over-regulation, I thought that that was quite a good argument for not having an independent environmental protection agency. However, the Member can make those arguments as well as I can; he is constrained only by where he sits today. We are engaged in a risk-based system — Mr Kennedy: It is always easy to change party, is it not? Mr Speaker: Order. The Minister of the Environment: We are engaged in a risk-based approach to environmental regulation. Perhaps the Member was listening earlier when I talked about working with the farming and business communities and having education and better regulation, and then, if necessary, having better enforcement. We want to have better regulation for everyone in Northern Ireland, and I hoped that the Member would agree with that. However, that depends on where he sits today. Mr Gallagher: We have all waited with great interest for a statement from the Minister, and we got that this morning. It is a great pity that the Minister came to the Assembly with such a poor response to the biggest single issue facing everyone on the planet: how to regulate the environment. The Minister has merely repackaged the EHS, which is akin to moving the chairs around as the Titanic went under. The Minister mentioned a better regulation board. The document, ‘Foundations for the Future: The Review of Environmental Governance’, which has wide public support, recommended the establishment of a board, but stressed that is should be a strong and focused regulator. How will the Minister’s better regulation board meet key principles such as being representative, accountable and open? The Minister of the Environment: The better regulation board is specifically intended to be representative. It will include people from the water industry, construction, the farming industry and environmental organisations. The new Northern Ireland environment agency will be responsible for four main elements of better regulation. First, compliance assistance will provide direct support and guidance to companies, using web tools, such as the NetRegs that I mentioned in my statement. Better regulation will streamline the permits system by introducing online application and payment, and that will also facilitate easier compliance with environmental regulations. Compliance assessment will use proven, accredited management schemes and risk-based audit, and the final element will be effective enforcement. Today, I have set out a clear road map for environmental governance. People who do not take the first hint to comply will move to the next stage of the process, further non-compliance will move them to the next stage, and ultimately they will be punished by the courts. Mr I McCrea: I welcome the Minister’s statement. I do not want to disappoint the Minister. She may have thought that Mr McKay might want to make a difference or that he was saddened by the thought of no Committee scrutiny, but he rarely attends its meetings. [Interruption.] Mr Paisley Jnr: How can he represent the farmers in his constituency? Mr I McCrea: Exactly; I am sure that he has barely considered the farmers in his constituency. Will the Minister outline in more detail how her proposals will lead to more scrutiny and what will be the benefits to the environment? The Minister of the Environment: I thank the Member for his question. Essentially, the proposals aim to ensure better regulation and, importantly, accountability, which is why Members have been elected to this place. Recently, I spoke to someone about a new independent environmental protection agency, and his parting question concerned the point of electing me to Stormont if I was going to hand over half of my Department to someone who is not accountable to the House. That question rang in my ears for some time. Members have been elected to the House to be accountable, and they can express their concerns about regulation in written questions and debates. They can also do so through oral questions, and I will doubtless face some later today. I find it strange that some Members would be happier for an outside agency to take decisions on environmental governance and regulation. The Assembly should keep its eye firmly on the ball. Mr Wells: The Minister mentioned that her decision will cause disappointment — indeed, I would say intense disappointment — to many of Northern Ireland’s environmental non-governmental organisations. However, her statement also referred to a review of environmental issues in 2011. Will she confirm that that review will be all-encompassing and that the Assembly will be able to revisit the possibility of establishing an independent environmental protection agency in 2011? [Interruption.] The Minister of the Environment: I remind those Members who are making a racket that empty vessels make the most noise. I say to Members who have made points in the debate that I have the greatest respect for the Member who asked the question, my honourable friend Jim Wells. He is a true environmentalist who knows what he is talking about — unlike many of the other Members in the House, it has to be said — when he speaks about environmental governance and environmental regulation. I say to the Member that the review that I have mentioned, which will take place in 2011, will be an independent review. It will look at all aspects of the proposals that I have announced today, and therefore it will look again at the possibility of, and the need for, an independent EPA. However, I do not believe that that will be necessary at that time —and I hope the Member shares my view on that — because I have every confidence that what I am doing today will bring about better regulation for a better environment. Therefore, I do not believe that there will be a need for such an agency; however, there may be, and the opportunity will be there in 2011 to revisit the matter. Mr B McCrea: I thank the Minister for her gentle stroll through the environmental policies. It is always good to have a nice ramble in the country; a little bit of this, a little bit of that. Will the Minister tell me if she agrees with the Confederation of British Industry (CBI), that the Environmental Heritage Service is underfunded, and therefore unable to perform its duties? Will she explain why there is a significant lack of detail in her proposals with regard to costs? I note that the written answer she gave me earlier is twice as long as the actual amount of money in her statement. Will she further explain why, having said that she is not in favour of quangos, she has failed to tackle three such quangos? Finally, will the Minister assure the House that her proposals amount to more than just a halfway house, designed to give the DUP time to do a U-turn ahead of the next election? The Minister of the Environment: I find it interesting that the Member should ask me about doing a U-turn before the next election, because the DUP is the only party that did not say that it would establish an independent EPA. In fact, the Member’s party was, for some considerable time — between 2000 and 2002 — in a position to establish one. Of course, the Member was not around at that time. A Member: Tell us what party you were in. The Minister of the Environment: Do not remind me, please. It is a bad nightmare; it was a long time ago. In relation to the CBI’s view about an independent environmental protection agency, I refer the Member to the briefing note from the CBI on that issue, which states that: “There is not universal support within the CBI membership for an Environmental Protection Agency (EPA)”. The Member should get his facts right before he comes to this House. One swallow does not make a summer, and one member of the CBI does not represent the entire CBI. The Member should know that. In relation to advisory councils, they are not quangos; they are statutory advisory agencies. However, I do not expect that the Member will understand that, so he may wish to check up on those bodies. The staff are not paid; they are volunteers, and they do an excellent job. The Member should have another look at those statutory advisory councils, and, indeed, apologise to them for calling them quangos, because they are not. Mr Dallat: Given the effusive praise that the Minister has heaped on her officials, and her assertion that she takes environmental governance too seriously to externalise it to an outside agency, how does she answer the charge that she has been captured by her civil servants? Devolution is surely supposed to make a difference, yet, whether in relation to the need for an independent environmental protection agency, the issues surrounding PPS 14, or even the Giant’s Causeway debacle, is it not true that the officials are calling the shots, and that the message is that there is no change at the DOE? Finally, given that the proposed new agency will be launched on 1 July, the historic anniversary of the Battle of the Boyne, surely it is more likely to be the sham fight at Scarborough — [Interruption.] The Minister of the Environment: I am sure that the members of the Royal Black Institution would welcome the Member to Scarva for the sham fight on 13 July. In relation to the charge that I have been captured by my civil servants, quite frankly, that is ludicrous. 11.30 am Mr Dallat made a lot of noise when I came before the House with a decision about the Giant’s Causeway visitors’ centre. At that time, his charge was that I had ignored my civil servants. He cannot have it both ways. He must understand that the Department is trying to create better regulation. It is easy for him to make as many allegations as he likes against civil servants in EHS because, of course, they cannot answer him. The good body of men and women in EHS stand ready to take up the challenge of the changes that have been brought about in order to create the environment agency. I believe that the agency will work. As I told Mr Wells, I am confident that the changes will be effective. However, an independent review will be conducted in 2011. If the agency does not work, I am quite sure that Mr Dallat will tell me that I got it wrong. Mr S Wilson: Unlike the Member for Lagan Valley Mr McCrea, I will not take a quiet ramble through the countryside. However, he has plenty of time to do that now that he is not a member of his party’s executive. I welcome the fact that the Minister has not caved in to the frenzied demands of Friends of the Earth and the Coalition for Environmental Protection, which have admitted that to introduce an independent environmental protection agency for Northern Ireland would be too costly an exercise. I also welcome the fact that she has recognised that, for example, the Scottish National Party has admitted that the independent Scottish Environment Protection Agency has been a disaster — it is unaccountable, remote and out of control. Mr Speaker: Will the Member come to his question? Mr S Wilson: Yes, Mr Speaker, I will come to the question now. Can the Minister assure Northern Ireland’s tourism, construction and manufacturing industries that the frustration that they experience in trying to secure planning permission and in ensuring Northern Ireland’s economic development will be allayed and alleviated by the changes that she has made in setting up the new body; and that those changes will lead to faster planning decisions and will remove the delays that are often caused by the Environment and Heritage Service? The Minister of the Environment: I thank the Member for his question. The Member is, of course, correct — I do not react well to threats. Earlier, some such comments were made about my being taken before the European Commission. Of course, that is not the first time that I have heard such threats, and I doubt that it will be the last. There are only 1·7 million people in Northern Ireland. The devolved Administration is in place to deal with all the relevant issues, and I believe that that represents the proper forum in which to deal with better regulation and governance for the environment. The Member asked whether I believe that the reforms that I have announced will help to speed up planning applications and whether they will deal more efficiently with responses to consultations with EHS. The new body, the Northern Ireland environment agency, will respond to planning applications within a specified time. I wish to be clear about that. It will also relate neatly to my planning reforms, the proposals for which I hope to bring to the Executive in the near future — in any event, before the summer recess. The new agency will sit well with planning reform and will deal effectively with the issues that the Member has raised. During the past several years, there have been difficulties with planning, such as perceptions of delay, and so forth. The Department has tried to deal with those through planning reform. I hope that the introduction of the environment agency will bring about better and more proportionate regulation for everyone involved, whether they are in business, tourism, agriculture, etc. Dr Farry: It is not contradictory to work for the economy and to protect the environment. Bearing in mind that the Minister has outlined the quite minimal costs that are involved in setting up an environmental protection agency — £2·5 million, and then £600,000 a year — can she explain the actual and potential financial, economic and environmental costs of not setting up such an independent agency? I was under the impression that the St Andrews Agreement was supposed to stop solo runs by a Minister. However, according to today’s ministerial statement, this issue touches on the Department of Culture, Arts and Leisure and the Department of Agriculture and Rural Development and, no doubt, every other aspect of governance here, so how can the Minister say that it is not a cross-cutting issue? The Minister of the Environment: To take the Member up on his last point, it would have been a cross-cutting issue had I been taking functions away from those Departments, but I am not. My Department and I are dealing with environmental governance. Therefore, this is not a cross-cutting issue and it does not need the support of the Executive Committee. Mr B McCrea: What about education? The Minister of the Environment: Does the Member really want me to answer that? It is foolish to ask me about education when I am dealing with environmental issues. It shows where that Member’s priority lies; he is not really interested in environmental governance, instead he wants to talk about education during the debate. I want to return to the issue about solo runs. I am not on a solo run; I am dealing with environmental governance and the restructuring of my Department. That is why I felt it was necessary to inform the Executive of my decision. No support was sought, nor was it given. Dr Farry is absolutely right about business and environmental governance not being mutually exclusive. That is why I have invited leaders from the business sector, as well as the agriculture, construction and water sectors, to sit on the better regulation board, so that we can work together to improve regulation. Dr Farry also talked about the minimal costs of setting up and running an independent environmental protection agency. My Department’s budget would not be able to finance the additional cost of that at present; money would have to be found. There is concern among some sections of the community that if an independent agency got off the ground, it would increase the cost of regulation, which would increase the burden on the — already strapped — business and agriculture communities. That would be a mistake. I have taken the decision in the round. Cost was not the only factor in my decision. I believe in accountability and, therefore, that the House is the proper place to look after regulation. Mr Hamilton: I welcome the Minister’s statement and her extremely sensible decision. We, like the Minister, know that the cost of an independent environmental protection agency would be pinned on the ratepayers of Northern Ireland. I am sure that the Minister is as surprised as me that certain Members, including Dr Farry, who cried for years about re-establishing devolution and bringing accountability back to Northern Ireland, would want to cede control of a matter as important as environmental protection to an independent, unaccountable quango. What consideration was given to the argument, which has been made, that Northern Ireland, with a population of 1·7 million, is simply too small for an independent EPA? The Minister of the Environment: That was certainly part of my considerations. I felt that the money would be better spent on improving regulation instead of investing in another quango and creating a layer of bureaucracy. People will be able to see what happens on the ground more quickly. EHS has demonstrated that with its designations of ASSIs. We have a challenging target to meet in 2016 in relation to that. We want to get on with the job, and that is what we will do under the Northern Ireland environment agency. Mr Shannon: I thank the Minister for her statement to the Assembly this morning, in which she said: “In the longer term, site visits will move beyond ensuring compliance: they will consider overall environmental performance and opportunities for savings.” What assistance will be given to businesses so that they can comply with and gain the overall environmental performance standards sought by the Department? My colleague Sammy Wilson mentioned EHS and the planning process, which does seem to take an extraordinarily long time. Will the Minister again confirm that a timescale for planning applications will be put in place to which the Northern Ireland environment agency must adhere? The Minister of the Environment: There will be a time limit for the new agency to respond to planning applications as a consultee. As regards compliance visits, I have been impressed by some businesses that have strongly addressed environmental issues recently. They have seen the benefits of doing so; not only because it helps the environment, which is a good enough reason in itself, but because it saves them money. I attended a recent event in the Long Gallery at which the Quarry Products Association gave an excellent presentation on its environmental strategy for all its members. I was impressed by that presentation, and the outworkings of that will be seen. Northern Ireland Strategy for 2012 Olympic Games and Paralympic Games Mr Speaker: I have received notice from the Minister of Culture, Arts and Leisure that he wishes to make a statement on Northern Ireland’s strategy for the 2012 Olympic Games and Paralympic Games. The Minister of Culture, Arts and Leisure (Mr Poots): I wish to inform Members of the plans and ambitions for Northern Ireland to participate in and benefit from the 2012 Olympic Games and Paralympic Games, and to set out how we will ensure delivery. (Mr Deputy Speaker [Mr Dallat] in the Chair) The UK has committed to delivering Olympic Games and Paralympic Games in 2012 that aim to be an inspirational world sporting event for athletes and the viewing public. Potentially far-reaching benefits will arise from the games, not only for sport, but in respect of the economic boost from increased investment, training and jobs that will benefit the whole of the UK. The Cultural Olympiad will ensure participation in a range of cultural and educational opportunities. The games will have a big impact on raising community and national pride and will help to raise the international profile of Northern Ireland and the UK. Having the games on our doorstep presents a once-in-a-lifetime opportunity for all of us. The extent to which Northern Ireland benefits from that opportunity depends entirely on the level of our engagement. My Department’s vision for Northern Ireland’s participation is to get more young people involved in sport and physical activity at domestic and international levels; to increase our success at major world-class events; to create better sporting infrastructure through facilities, coaching and development; and to maximise the economic and social impact for Northern Ireland. Ultimately, the strategy is about leaving a legacy from the games for future generations. Some challenging targets have been set. We want Northern Ireland to host part of the torch relay for the 2012 Olympic and Paralympic Games, and we will work to ensure that at least 10 Olympic or Paralympic teams come to pre-games training camps. We will also deliver on the other important elements of Northern Ireland’s strategy for 2012. My Department has worked in partnership with lead organisations across central and local government to develop a strategy to deliver benefits for Northern Ireland across a number of key themes. The cultural theme of the Northern Ireland 2012 strategy is underpinned by the plan to host a four-year cultural celebration across the UK, which will be known as the Cultural Olympiad. That project will be launched over the weekend of 26 September 2008, and will comprise local and regional projects and events; large-scale signature projects, which were included in the London 2012 bid; the mandatory opening and closing ceremonies; and other ceremonies. Northern Ireland projects will be considered for inclusion in the Cultural Olympiad, and they can apply for inclusion through the DCAL 2012 unit. Although new funds are limited, some moneys have been allocated to support cultural activity. Northern Ireland expects to gain an additional £1·31 million through Legacy Trust UK to support local Northern Ireland projects that bring together culture, education and sports. There are also opportunities for local communities and grass-roots organisations to get involved and to use the gold dust of the Olympics to raise the profile of their sector. Another key theme is business, and an electronic brokerage system has been specially designed to support UK business in bidding for contracts for 2012. That system, CompeteFor, was launched on 8 April 2008 in Belfast by Invest NI and the London Organising Committee of the Olympic and Paralympic Games (LOCOG). To date, 216 companies from Northern Ireland have registered, and an agreed target is in place of 300 registrations a year for Northern Ireland. The 2012 games will result in a growth in international leisure tourism to the UK. An additional total of 500,000 visitors is forecast for 2012. Hosting the Olympics can boost inbound tourism for a decade, and the Northern Ireland Tourist Board will wish to maximise its share of additional visitors to the UK by supporting the Cultural Olympiad and maximising public-relations and destination-marketing opportunities that are associated with London 2012. Given that 2012 will mark the Titanic’s centenary, the Titanic brand will also offer potential to attract visitors around that date. We must use the Olympic Games to promote Northern Ireland as a destination of choice for major international and world-class events. 11.45 am Volunteering is a fundamental part of Northern Ireland’s 2012 Olympic strategy, and the Volunteer Development Agency is taking the lead on that theme. The 2012 games should inspire existing volunteers to volunteer during the games and encourage the involvement of those who have not yet had volunteering experience. Sustaining that volunteering contribution will be challenging; however, an even greater challenge is to envisage how that contribution might be increased in order to build further capacity in the sector. Nevertheless, the unique attraction of being a volunteer during games time — being part of that world event — should add value. The Personal Best programme — a new programme that is inspired by the games — is an excellent example of that, and its objective is to ensure that marginalised and socially-excluded people have the opportunity to participate in London 2012 activities. The programme uses the excitement generated by the 2012 Olympic and Paralympic Games to engage socially-excluded people, and it will encourage them into, and support them in, further accredited training, volunteering and paid employment. Participants will experience volunteering — perhaps for the first time — and develop skills in areas such as event management, health and safety and business. Successful graduates from the programme will be guaranteed an interview with LOCOG to be considered as a games volunteer. In coming months, the programme will be implemented throughout the UK, and the Department for Employment and Learning, in conjunction with the sector skills councils, is considering how we might participate and derive benefits from that excellent opportunity. Such skills will not only benefit London. Northern Ireland successfully bid to host the World Police and Fire Games in 2013, when we will welcome more than 25,000 visitors, including athletes and their support personnel. In order to support that major event, 5,000 volunteers will be required, and people with training, and possibly even experience from the London games, will be of huge value then and beyond. Opportunities in education are still being developed. However, the games will provide a unique opportunity to inspire young people to greater participation in cultural activities and sport and to develop their knowledge and skills. Young people and their teachers and schools, colleges and universities throughout the UK will have access to films and other education resources and materials, such as, from June, an interactive website that will enable students to learn about the Olympics and Paralympics. The Paralympic Games handover will take place on 17 September, and its theme will be education. Aspirations to maximise the sporting opportunities provided by London 2012 are fully aligned with my Department’s draft strategy for sport and physical recreation, which focuses on participation, performance and places. Its aims are to increase participation by 2014; to provide every child over the age of eight with the opportunity to participate in at least two hours a week of extra-curricular sport and physical recreation; to secure, by 2017, a 3% increase in adult participation in sport and physical recreation, a 6% increase by women and a 6% increase by people with a disability. With regard to increasing performance, by 2017, we want 100 medallists at Commonwealth, European, World or Olympic level, and, with regard to places, we aim to complete the elite facilities programme. Sport Northern Ireland intends to invest in 100 multi-skill coaches; 80 community coaches and physical activity leaders; 22 disability and women’s sports officers; 60 talent coaches; six performer development centres; and 24 high-performance coaches and performance directors. With regard to pre-games training camps, Northern Ireland has been successful in having 27 sports facilities included in the pre-games training camp guide for London 2012. The guide will be launched at the Olympic and Paralympic Games in Beijing this summer. Furthermore, eight of our sporting venues are included in the London 2012 guide for pre-games training camps for paralympic sports. Inclusion in the guide is the first stage, but that does not guarantee success. We must work hard to secure the sports to ensure that our facilities are used by athletes. That will present opportunities for the young and for local communities to be inspired further by seeing Olympians live, work and train in their area. There is also scope to expand our plans and activities for 2012, and to include additional themes, such as health and the environment. Engagement with the relevant organisations is already well under way. Although much more work remains to be done on taking forward Northern Ireland’s plans for 2012, it is worth recognising that steady progress has been made. It is crucial to continue to work in partnership and to engage across all sectors to ensure delivery. Northern Ireland is a full part of the London 2012 structure for the Games — it is represented on the organising committee’s nations and regions group at a senior level, along with the nine English regions and the other two devolved Administrations. We are working closely with our colleagues in Scotland and Wales to ensure that we learn from and share best practice. Being part of the London 2012 structure will ensure that we are kept informed of key developments across the themes of our strategy and that we feed into the wider Government policy objectives for creating a lasting and valuable legacy. I presented the plans to the Executive Committee on 22 May 2008, and they agreed to the establishment of an inter-agency steering group — chaired by the Minister of Culture, Arts and Leisure — to provide strategic oversight of Northern Ireland’s contribution to the 2012 games. The Executive also agreed to embed 2012 opportunities into respective departmental plans and, where appropriate, include those plans as part of the normal in-year monitoring and budgetary process. That demonstrates the Northern Ireland Government’s commitment to capitalising on the Olympic Games and Paralympic Games in 2012. The eyes of the world will transfer from China to the UK on 24 August 2008, when the spotlight moves from the 2008 Olympics and Paralympics in Beijing to London and the UK. It is essential that Northern Ireland plays its part fully to ensure that we gain the maximum benefit for Northern Ireland — for our businesses, communities and our young people. This is a once-in-a-lifetime opportunity, and we are well placed to deliver on it. The Chairperson of the Committee for Culture, Arts and Leisure (Mr McElduff): Go raibh maith agat, a LeasCheann Comhairle. Cuirim fáilte roimh an ráiteas seo. I welcome the Minister’s statement. What opportunities will the vision for business that he referred to present for the hard-pressed construction industry — for example, in helping to build the Olympics infrastructure for 2012? Is the Minister’s refusal to reach a decision on the location of the multi-sports stadium at the Maze/Long Kesh site tantamount to the throwing away of opportunities to host major sporting events ahead of and during 2012? Are we losing out on major sporting opportunities because of the dithering in arriving at a decision on the multi-sports stadium? The Minister of Culture, Arts and Leisure: The Member has raised a couple of issues; the first relates to business. Lloyds TSB has estimated a potential £400 million of business for companies in Northern Ireland as a consequence of the Olympics. That is a significant target, and Invest NI believes that it is a very challenging one. However, if targets do not present a challenge, they are not worth setting. It is better to set challenging targets in the first instance. I wish to challenge businesses to get involved in CompeteFor. Invest NI has already held a launch event and will be visiting regional towns to encourage local businesses to get involved. I have no doubt that many of our companies will attract business as a consequence of the London Olympics. A number of firms have already won sub-contracts with some of the companies that have received the more significant awards for construction of Olympic facilities, and they will be well placed to further cement those relationships. The Member knows well that the decision on the stadium — and all that goes with it — is not one to be made by myself alone; rather, it is for the Executive as a whole. It is a cross-cutting issue, and I am, therefore, not in a position to make a decision on it without the full support of the Executive. Further work must be done on the matter before we can reach a conclusion, and I trust that a decision will be made sooner rather than later. Nonetheless, the matter is not exclusively in my hands. Mr Shannon: I thank the Minister for his statement. He outlined clearly a vision for involving young people in sport and physical activity, for creating a better sporting infrastructure and for leaving a lasting legacy. With that in mind, I want to ask about target sports, which is one of the sectors in which Northern Ireland has excelled over the years, whether it be clay-pigeon shooting or shooting with shotguns, rifles or pistols. We have brought gold, silver and bronze medals home with a regularity that has astounded the rest of the world. What is being done to ensure that target sports are getting the help that they clearly need, especially where the provision of suitable grounds, training and elite facilities are concerned? In particular, what opportunities will young people have to participate in target sports? The vision mentions the need for more young people to get involved in sport and physical activity, and that is important. Target sports are good for discipline, personality and character. We have great talent in this country and the potential to win some gold and silver medals. The Minister of Culture, Arts and Leisure: I am aware that target-sports bodies submitted several applications to stage one of the elite facilities programme. Unfortunately, they did not meet the requirements and failed to proceed to the next stage. I am also aware that there are facilities in Northern Ireland that are of a very high standard, some of which have opened just recently. I am also aware that the target-sports sector has enjoyed great success in the past. I would have encouraged the organisers of the London Olympics to hold target-sports events in Northern Ireland, but, unfortunately, facilities in London have already been secured, meaning that those in Northern Ireland will not be required. I am also aware that young people’s participation in target sports here is subject to an age restriction that does not apply in the rest of the United Kingdom. The Department would certainly support a change in the regulations that would allow young people to participate — under proper supervision — in target sports from an earlier age. Mr McNarry: I welcome the Minister’s statement, and I recognise that it is built on plans and ambitions. I note the line: “Having the games take place on our own doorstep presents a once-in-a-lifetime opportunity for us all”. In the recent past, the Minister talked — if not boasted — of bringing Olympic soccer teams here for Olympic competitions. Is that an ambition, or is there an actual plan to bring Olympic soccer to Northern Ireland? The Minister of Culture, Arts and Leisure: That ambition could be delivered if we had fit-for-purpose premises. Ultimately, delivery of that ambition depended on our proceeding with plans for a multi-sports stadium. However, until we make a decision on whether to proceed with the stadium, we cannot pursue any plans for Olympic soccer competitions. Mr P Ramsey: I welcome the Minister’s statement, and I share his optimism and hope for the future. It is important to showcase Northern Ireland in a wider context and to increase pride in all communities in Northern Ireland. Can the Minister outline his commitment to equality of access in the three Ps that he described — participation, performance and places — to ensure that there is a proper geographical balance across the regions and all areas and that there is a true sporting legacy for all young people? I frame my question with the North West Regional Sports Campus in mind. Has the Minister had any discussions with the new Irish Government Minister for Arts, Sport and Tourism about cross-border elements of pre-training and about elite facilities? 12.00 noon The Minister of Culture, Arts and Leisure: The elite facilities are going to an outline business case at present. There is a shortlist of 15 potential sites, none of which happens to be in the west of the Province. That has come about as a result of the quality of the bids that were submitted and not on the basis of excluding any particular area. As a consequence, we are where we are. I am aware of the facilities in Londonderry to which the Member for Foyle Mr Ramsey has referred. Meetings were held to discuss that issue, and an alternative source of funding, albeit with less money, was identified to help to support that project. I look forward to meeting again those people who want to deliver that project in order to see what progress has been made and how the Department’s offer of assistance can be turned into action. Dr Farry: I welcome the Minister’s statement and acknowledge his commitment to the development of sport in Northern Ireland. I declare an interest as a member of North Down Borough Council. Will the Minister assure the House that the finite capital resources that are available for the development of elite facilities will be concentrated, as necessary, to ensure that a number of those facilities become a reality? The flagship project that is earmarked for Bangor is the aquatic centre. Will the Minister update the House on the current outline business case for that project? The Minister of Culture, Arts and Leisure: We have less than the £53 million for elite facilities that was originally referred to by David Hanson, the then Minister with responsibility for culture, arts and leisure, and I will seek to make up the shortfall in other ways. However, I want to sweat the money that has been allocated for elite facilities and get as much match funding as possible from the deliverers of the projects. I will, therefore, be encouraging those who are making bids to do so on the basis of value for money as well as on all the other conditions in the bid applications. North Down has two bids: one for a swimming pool and one for marina facilities. I am sure that the people of north Down would not want all the money to go into one project, with the result that the other project had no possibility of being funded. Later today, I will be speaking to the chief executive of North Down Borough Council and to the council’s director of leisure services, and I hope that we can reach a conclusion quickly and get that 50-metre-pool project off the ground and under way as soon as possible. Lord Browne: I also welcome the Minister’s statement and am pleased that steps are being taken to ensure that the Olympic Games will have a sustainable impact on sport in Northern Ireland. The Minister’s statement referred to increased participation, performance and places, adding that: “The aim is to increase participation by 2014 to provide every child in Northern Ireland over the age of eight with the opportunity to participate in at least two hours per week of extra-curricular sport and physical recreation”. Will those proposed additional two hours be compulsory or voluntary? The Minister of Culture, Arts and Leisure: My Department is wholly reliant on the collaboration and co-operation of other Departments in delivering the proposals, which is why a cross-departmental working group has been established. The group has already met, and I appreciate the co-operation that has so far been shown. The delivery of the additional two hours’ extra-curricular activity for children over the age of eight is dependent on the co-operation of the Department of Education (DE). I will be looking to the Department of Education for advice on the proposals. However, I am not sure whether we can make extra-curricular activity compulsory. In fact, for many years — even in recent times — some schools offered no extra-curricular activities. Therefore, we must ensure that every school offers such activities, particularly in sport. The Department of Health, Social Services and Public Safety (DHSSPS), among others, will reap the benefits in years to come. Mr McCartney: Go raibh maith agat, a LeasCheann Comhairle. Gabhaim buíochas leis an Aire as a fhreagra. I thank the Minister for his statement and for his answers. I note his commitment to balanced regional development in the upgrading of sports facilities throughout the North. I also note the emphasis that he placed on inspiring people to become volunteers, especially for the 2012 Olympic Games, not to mention the World Police and Fire Games, which will follow in Belfast in 2013. I am sure that the Minister is aware that Belfast City Council premised its bid to host those games on the fact that there would be a multi-sports stadium at the Long Kesh site. That site is listed as one of 27 sports facilities that will be used for the 2012 Olympic Games. However, if a stadium is not built on that site, what impact will that have on the entire volunteering project? The Minister of Culture, Arts and Leisure: It will certainly set a challenge for us. More than 25,000 visitors, including participants and their support teams, will attend the World Police and Fire Games. At present, we do not have a facility to cater for that number of people at the opening and closing events. However, we are considering several options, and I have always said that I am prepared to consider all feasible options. Ultimately, we must have delivered a facility of that scale by 2013. Therefore, a decision must be made on whether the facility be sited at the Maze/Long Kesh or at another site. That decision is not for me as Minister of Culture, Arts and Leisure to take, but one that the entire Executive must take. Mr Ross: I thank the Minister for his statement. I, too, recognise the massive potential that exists not only for sport but for business in Northern Ireland. The Minister mentioned volunteers. I have been involved in hosting tournaments in various sports clubs, so I recognise the massive contribution that volunteering makes to hosting sports events or training camps. What steps have been taken to ensure that we have enough volunteers and that we encourage people to become involved in the Olympic Games in that capacity? The Minister of Culture, Arts and Leisure: We have held meetings with the Department for Social Development and the Volunteer Development Agency, both of which will assist the cross-departmental working group. Therefore, we are working closely with those who are charged with the delivery of volunteering in Northern Ireland. The biggest issue may not be whether we get sufficient volunteers to go to the London Olympics but whether we receive a fair allocation. The organisers of the Olympic Games are looking for 70,000 volunteers. There will be greater capacity in London and the home counties to fill those 70,000 places, but we want a quota of those places for volunteers from Northern Ireland. However, there are other issues to consider. For example, it will be a challenge to identify how we might financially support volunteers in order to enable them to travel to London and pay for their accommodation. Ultimately, we will seek sponsorship from private-sector organisations. Lloyds TSB, which is the Olympic Games’ main sponsor, is not based in Northern Ireland — although other sponsors are — so that will present us with a further challenge. The problem will not be getting volunteers; rather, it will be obtaining enough places for those people who wish to volunteer at the London Olympics. Mr D Bradley: Go raibh maith agat, a LeasCheann Comhairle. Fáiltím roimh an ráiteas seo, agus gabhaim mo bhuíochas leis an Aire as. Fáiltím fosta roimh na deiseanna spóirt, oideachais agus cultúir a thiocfas as na cluichí oilimpeacha agus parailimpeacha. I welcome the Minister’s statement and, in particular, the opportunities that will be available to sport, education and culture through the Olympic Games and Paralympic Games. Will the Minister help to ensure that films and other educational resources will be available in the Irish language? Given that the Irish language is a central part of our culture, and that we have a vibrant Irish-medium education sector that should have access to such resources in the Irish language, will the Minister ensure that the Irish-language film industry will have access to the funding? Go raibh maith agat, a LeasCheann Comhairle. The Minister of Culture, Arts and Leisure: My statement did not mention films, and, therefore, I do not understand to what the Member for Newry and Armagh refers. However, the various TV companies that have acquired broadcasting rights will be responsible for coverage of the Olympics. I am sure that those companies would — if there was sufficient demand — be prepared to broadcast in the Irish language. However, if there is no demand, those companies will take a commercial decision not to do so. If the Member has sufficient evidence to support the broadcasting of the Olympics in the Irish language, he should, perhaps, approach those TV companies. Mr Gallagher: I welcome the Minister’s statement and, in particular, the possibility of situating pre-Olympic training camps across Northern Ireland. Does he consider a quality centre such as the Necarne Equestrian Centre to be the type of facility that could be used for that purpose? If so, is there any work that such centres can conduct in the meantime? The Minister of Culture, Arts and Leisure: Necarne Equestrian Centre is one of the 27 venues identified by LOCOG; I hope that Fermanagh District Council will support the marketing of that facility to ensure that Olympic equestrians can participate in Northern Ireland. Mesothelioma, etc., Bill Accelerated Passage The Minister for Social Development (Ms Ritchie): I beg to move That the Mesothelioma, etc., Bill proceed under the accelerated passage procedure in accordance with Standing Order 40(4). The Bill is an important piece of legislation, which will establish provision in Northern Ireland that corresponds to the Child Maintenance and Other Payments Bill, which is expected to receive Royal Assent at Westminster soon. The Mesothelioma, etc., Bill is a compassionate piece of legislation designed to help those who need it when they need it. Social security Bills are, by definition, exceptional. The Northern Ireland Act 1998 — which established the Assembly and is the basis for its legislative competence — recognises the unique position of social security, child support and pensions. Under Section 87, I have a statutory duty to consult with the Secretary of State for Work and Pensions with a view to maintaining single systems of social security, pensions and child support in the United Kingdom. Section 87 recognises the long-established principle of parity in social security issues between Great Britain and Northern Ireland. Northern Ireland’s social security system is not self-financing. The cost of paying benefits in Northern Ireland is very heavily subsidised by Great Britain. In 2006-07, for example, the Northern Ireland National Insurance fund needed a transfer of £630 million from the Great Britain fund to meet its benefit obligations. In the same period, expenditure on non-contributory benefits, which are demand-led and financed out of taxation revenue, was in excess of £2·29 billion. That means that in 2006-07, the amount we received from Great Britain to fund our social security system was approximately £3 billion. That funding is predicated on the maintenance of parity. 12.15 pm The Bill introduces a new scheme to make a lump-sum payment to a person with diffuse mesothelioma, or a payment to his or her dependant if that person has, sadly, passed on. The aim is to provide faster compensation to all those people diagnosed with diffuse mesothelioma by providing upfront financial support to those people who were exposed to asbestos in or outside the workplace, while they can still benefit from it. Diffuse mesothelioma is an asbestos-related cancer of the lung or abdominal linings. It has a long latency and is rapidly progressive and, invariably, fatal, with death normally occurring within nine months of diagnosis. Mesothelioma causes up to 50 deaths each year in Northern Ireland. The very short life expectancy from diagnosis often means that the sufferers die before compensation is paid. The provisions of the Bill are highly beneficial to those suffering from this devastating and fatal disease. The Bill also provides for lump-sum payments under the new scheme and the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979 to be recoverable from subsequent civil compensation. Any moneys recovered will be ploughed back into the scheme with the aim of funding higher payments in future. The amount payable is expected initially to be set at around £6,000. As money starts to be recovered from civil compensation, it is hoped that the payment will increase to match the amount payable under the 1979 Order for those people who can establish an occupational link, which is currently around £18,000. In order to ensure that the proposals in the Bill are implemented at the same time as in Great Britain, the necessary powers must be available as soon as possible. I have discussed the provisions of the Bill with the Committee for Social Development, and, in accordance with Standing Order 40(3), I have explained the reasons for my request for accelerated passage. I believe that the Committee shares my view that the Bill should be implemented as soon as possible. In fact, I recently received a letter of support from the Committee for accelerated passage of the Bill. In accordance with Standing Order 40(4), I will now explain the reasons for seeking accelerated passage. The Department for Work and Pensions proposes to make the first payments under the corresponding Westminster Bill by October 2008. If we were to use the normal Bill procedure, it would not be possible to maintain parity of timing with Great Britain. That would mean that sufferers in Northern Ireland would not be allowed compensation from the same date as sufferers in Great Britain. On this occasion, the use of accelerated passage is unavoidable if we are to maintain parity of timing with Great Britain. Given that death normally occurs within months of diagnosis, I am sure that Members will agree that it is vital that the scheme is operative from as early a date as possible. The aim is to have the scheme up and running by October 2008. Members will appreciate that I do not seek accelerated passage lightly. However, if we do not use the accelerated passage procedure, the implementation of these beneficial measures in Northern Ireland will be delayed for several months, and people will be denied the extra financial security that this Bill offers during the final months of their lives. Surely that cannot be right. As I said, recently I had a very useful discussion with the Committee for Social Development on the future handling of parity Bills in the field of social security. The Committee acknowledged the imperatives underlining parity, and the inevitable tensions in relation to the parity of timing that are inherent in a single system of social security in Great Britain and Northern Ireland. Although, I intend to use the full legislative procedure where possible, it is inevitable that there will be occasions — such as the introduction of this Bill — on which I must seek accelerated passage. For the reasons given, I am sure that Members will wish to support the motion for accelerated passage to ensure that Northern Ireland sufferers of that terrible, pernicious disease can receive payments, under the scheme, from the same date as can sufferers in Great Britain. Accelerated passage means that there will not be a formal Committee Stage. However, Members will have opportunities to make their views known and to discuss the issues fully at the Second, Consideration and Further Consideration Stages. The Chairperson of the Committee for Social Development (Mr Campbell): At its meeting on 17 April 2008, the Committee for Social Development received a briefing from departmental officials on the background and policy objectives of the Mesothelioma, etc., Bill. On 15 May, Minister Ritchie attended a meeting of the Committee to explain her reasons for requesting accelerated passage for the Bill, and she outlined — as she has just done for the Assembly — the consequences of it not being granted. Mesothelioma has a long incubation period. It may not be diagnosed for many years after exposure; however, as soon as the symptoms manifest themselves and a diagnosis is made, the sufferer’s life expectancy is very limited. The Bill will ensure that, once diagnosed, every sufferer will receive a payment in six weeks of making a claim. Ensuring that sufferers receive a lump-sum payment when they can still benefit from it is of the utmost importance. It is hoped that it will give them greater financial security in the final months of their lives. As the Minister said, the Bill is a parity measure. It is crucial that sufferers of that terrible disease in Northern Ireland are not disadvantaged in any way whatsoever with regard to the timing of the payment of the lump sums. In conclusion, the Committee for Social Development supports the Minister’s request that the Bill be granted accelerated passage. Mr Brady: Go raibh maith agat, a LeasCheann Comhairle. I agree with Minister Ritchie’s argument that the Mesothelioma, etc., Bill, in particular, warrants accelerated passage, due to the nature of the condition and the relatively short period between diagnosis and the sufferer’s death. I welcome the fact that the Bill encompasses spouses who develop the condition as a result of having washed clothing that had been in contact with asbestos. The Minister discussed accelerated passage and parity legislation with the Committee for Social Development. Although, each Bill will be examined on its merits, this particular legislation warrants accelerated passage. Go raibh maith agat. Mrs M Bradley: I welcome the Bill’s introduction in the House today. There can be no doubt that it is compassionate legislation, and it will be welcomed by all mesothelioma support groups in Northern Ireland. It will ensure that benefits will reach the sufferers quickly. The Bill removes the need for a test to establish how the disease was contracted. Members will have heard the stories of their constituents who have that horrible disease. Wives contracted the disease from washing their husband’s clothes, and some children have it because they played with their dads when they came home from work with asbestos dust on their clothes. It is a horrible, filthy disease. I am delighted about the Bill’s accelerated passage because it will ensure that people in Northern Ireland receive their benefit as quickly as people in GB. Ms Lo: The Alliance Party supports the accelerated passage of the Bill in order to maintain parity of timing and to get the scheme up and running in October 2008, the same time as in Britain, so that people who suffer from this terrible disease will receive compensation and not be left behind. The Minister for Social Development: I thank the Chairman of the Committee for Social Development for his remarks. I agree that mesothelioma has a long incubation period and results in limited life expectancy, which is one reason that I am asking for accelerated passage in order to ensure that there is parity in making the payments at the same time as the legislation is enacted in GB. I thank Mr Brady, Mrs Bradley and Ms Lo for their comments and for their support and endorsement of the accelerated passage procedure. The detail of the Bill will be discussed during Second Stage, subject to the approval of accelerated passage by the Assembly, and I look forward to that discussion. Mr Deputy Speaker: Before we proceed to the Question, I remind Members that the motion requires cross-community support. Question put and agreed to. Resolved (with cross-community support): That the Mesothelioma, etc., Bill [NIA 16/07] proceed under the accelerated passage procedure, in accordance with Standing Order 40(4). Second Stage The Minister for Social Development (Ms Ritchie): I beg to move That the Second Stage of the Mesothelioma, etc., Bill [NIA 16/07] be agreed. As Second Stage follows immediately after the motion for accelerated passage, there will inevitably be an element of déjà vu in what other Members and I say, but I hope that Members will bear with me. The Bill makes provisions that correspond to those contained in the Westminster Child Maintenance and Other Payments Bill; it is, therefore, a parity measure. In seeking accelerated passage for the Bill, I have outlined the arguments in favour of maintaining this long-standing policy, not least of which are the financial realities. I trust that all Members accept the benefits of parity and that the Bill is a compassionate piece of legislation, which, if enacted, will enable people in Northern Ireland who suffer from mesothelioma to benefit financially. During the accelerated passage debate, I briefly described the contents of the Bill; I will now address the Bill’s proposals in greater detail. Under current provisions, a sufferer of the disease may receive compensation from one or more sources. First, a civil claim for damages can be made against the company or companies responsible for negligently exposing people to asbestos, in breach of their statutory duty. Secondly, people may be entitled to claim through the industrial injuries disablement benefit scheme, which is administered by my Department. Thirdly, for those unable to pursue a civil claim against an employer, a lump-sum payment can be made under the scheme set up by the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979, which is now administered by my Department. Making a civil claim can be difficult; for example, the employer’s company may have ceased to exist, making its insurer difficult to trace. Eligibility for industrial injuries disablement benefit or a payment under the 1979 scheme is dependent on asbestos exposure having occurred during the course of employment. Therefore, those who contract mesothelioma from any other type of exposure, and those who cannot establish an employment link, are ineligible for such payments. 12.30 pm It can often take some time for an entitled claim to be processed, particularly if it involves tracing relevant employment records. Sadly, the poor life expectancy associated with mesothelioma — on average, around nine months from diagnosis — means that sufferers often die before compensation is paid. Therefore, quick receipt of compensation — while they can still benefit from it — is important to sufferers and their dependants. The Bill provides for lump-sum payments to be made to those suffering from diffuse mesothelioma without the need to establish an occupational or, indeed, a causal link. Mesothelioma is a particularly terrible disease, with a very long latency period and a very short life expectancy from diagnosis. The Bill’s aim is to provide payment to sufferers within a matter of weeks of diagnosis, while they can still benefit from it. If a person dies before a payment is made, that person’s dependants can claim a payment under the scheme. The scheme will benefit, in particular, people who currently cannot claim compensation, such as women who have been exposed to asbestos when washing their partner’s clothes; those who were self-employed; and those who cannot establish any occupational or causal link. Everyone who contracts mesothelioma will be eligible for an upfront lump-sum payment within weeks of diagnosis of this devastating disease. The Bill will amend the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 to enable payments made under the new scheme, and the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979, to be recovered if a person proceeds to receive compensation from a civil claim. Payments recovered from civil compensation will be used to fund future payments made under the scheme. The amount payable under the scheme is expected to be set initially at around £6,000. As money starts to be recovered from civil compensation, it is hoped that the payment will increase in coming years to match the amount payable under the 1979 scheme, which is currently around £18,000. To avoid double provision, a person who has already received compensation — such as a payment under the 1979 scheme or civil compensation — will not be eligible for a further lump-sum payment under the Bill. The Bill also provides for the appeals system — which applies to social security benefits — to apply to the determination of claims by the Department. That gives a claimant a right of appeal to an appeal tribunal and a subsequent right of appeal to a commissioner on a point of law. In short, the Bill will ensure that people suffering from diffuse mesothelioma receive compensation more quickly. It will provide upfront financial support within a matter of weeks to those who were exposed to asbestos inside or outside the workplace. The Bill is beneficial and will provide significant financial support at a time when it can be of most use. It will provide additional financial security during what must be a very difficult time for sufferers and their families. No amount of money can adequately compensate a person facing death as a result of this terrible disease, but I hope that the speedy payment of a lump sum under this proposed legislation will assist sufferers in the final months of their lives. The Chairperson of the Committee for Social Development (Mr Campbell): The Minister has outlined the background and policy objectives of the Bill in some detail. I will not go over all of the same ground; however, I will highlight a couple of points. Under the scheme, all sufferers of mesothelioma, or their dependants, will receive a lump sum quickly, without having to establish an occupational link. In practical terms, payment under the scheme will be made to certain groups, including those who have been exposed to asbestos indirectly, for example, from a relative, those who have been exposed environmentally, and the self-employed. The Minister has already given specific examples of those who are covered by the Bill. At present, people suffering from mesothelioma may receive payment as the result of a civil claim or compensation under the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979. However, payment under that Order is dependent on an occupational link. Therefore, under the Order, those who contract mesothelioma from any type of exposure other than through their occupations are ineligible. Furthermore, a civil claim may take a considerable time to process, especially if it involves tracing employment records from many years ago. Unfortunately, and as has been mentioned already, the poor life expectancy that is associated with mesothelioma often means that sufferers die before compensation is paid. It is important to sufferers and their dependants that they receive compensation while they can benefit from it. Although no amount of money can compensate for the misery and suffering that are caused by this terrible disease, the quick payment of a lump sum should offer at least some assistance. On behalf of the Social Development Committee, I thank the Minister and her officials for briefing the Committee on the principles and details of the legislation. The Committee supports the Bill. Mr Brady: Go raibh maith agat, a LeasCheann Comhairle. I have no wish to repeat what has been said, and I have only one point to make. The Minister mentioned that sufferers will be able to appeal. I hope that that will not be a major feature of the outworkings of the legislation, because a sufferer may die before their appeal is heard, and we know that appeals can take a long time. In general terms, however, Sinn Féin supports the Bill. Go raibh maith agat. Ms Lo: I, too, have no wish to repeat the many points that have been made. I endorse the Bill warmly: it fills the gap that has been left by the 1979 Order. Without stipulating the need for an occupational link, the Bill will compensate those who have contracted this terrible illness either directly or indirectly. That goes a long way towards being fair to everyone who suffers from the illness. I support speedy payment, which should be made in a matter of weeks, to those who suffer as a result of the disease. As other Members said, no amount of money can compensate for suffering or for loss of life. However, material compensation will help sufferers and will make their lives easier. The Minister said that the scheme will start by paying lump sums of £6,000. However, she said that she hopes that it will eventually match levels of payment that are provided for by the 1979 Order, under which maximum sums of £18,000 were paid. The Department for Social Development must work hard, using the benefit-recovery legislation, to recoup money. Indeed, the whole scheme depends on that recoupment: we can increase the size of payments only if we recoup enough money from insurers. Taxpayers should not have to pay for the liability of employers. Where an employer is ordered to pay compensation to an employee, the employer’s insurer may go to court and ask that the level of compensation be reduced on the ground that the employee has been compensated by the state already. It is therefore important that we work hard to recover the full amount from employers’ insurers. The Minister for Social Development: I have listened carefully to Members’ comments, and I trust that I will be able to address their concerns. I thank the Chairman and members of the Committee for Social Development for supporting the expeditious passage of the Bill. It is necessary, because it concerns people who are enduring great suffering and misery as a result of that pernicious disease, mesothelioma. I cannot disagree with what Mr Brady said about appeals. Any appeals that are received must be dealt with expeditiously, because of the low life expectancy of mesothelioma sufferers. We want people to benefit from the compensation scheme when they are alive. That is preferable to the family’s receiving the compensation following the victim’s death. Ms Lo mentioned the levels of compensation payment. We have arranged to pool the money that has been recovered from civil compensation claims with Great Britain. That recovered money comes from the employer’s insurer, and not from the person who is being compensated. I listened carefully to Mr Brady’s comments, and I agree that there will be few appeals. However, as I said already, it is hoped that the appeals will be dealt with as expeditiously as possible. In our past lives, Mr Brady and I experienced the appeals structure, and we know that, sometimes, appeals can impose further misery on applicants and — due to the possible delays — place an inordinate burden on them. The Department for Social Development has the power to reconsider a decision, perhaps in cases where a new fact comes to light, or where a mistake has been made. In such cases, the Department will be happy to examine the matter. We are in no doubt that this is a matter of grave concern to the sufferers, their dependants and their families. We want to deal with the problem in the most conciliatory, sensitive and sympathetic manner possible. I hope that I have addressed all of the concerns that were raised. I will read the Hansard report, and if a Member has raised a matter that I have failed to address, or that needs to be dealt with in more detail, I will write to the Member. I am happy to commend the Bill to the Assembly. Question put and agreed to. Resolved: That the Second Stage of the Mesothelioma, etc, Bill [NIA 16/07] be agreed. Final Stage The Minister of Culture, Arts and Leisure (Mr Poots): I beg to move That the Libraries Bill [NIA 5/07] do now pass. The decision to establish a new body to manage and |