Northern Ireland Assembly Flax Flower Logo

Northern Ireland Assembly

Monday 15 April 2002 (continued)

Mr P Robinson:

Mr Close mentioned several groups. I can go further - the Belfast Butterfly Centre and the Bahais have, I am sure, a special interest in the Antrim to Knockmore railway line. I do not gain anything from hearing the views of lesbians in Lenadoon about the Antrim to Knockmore line. I honestly do not believe that that is sensible, but it is the law that the Member asked for when he signed up to the Belfast Agreement. [Interruption].

Madam Deputy Speaker:

Order.

Mr P Robinson:

The rest of us are left to consider the waste of money that results from it. I shall give the Member an example. He specifically mentioned the Antrim to Knockmore line. The figure that I gave him earlier represents the costs for the mere publication of the documentation. For the Antrim to Knockmore line, the figure contained within the numbers that I provided earlier is £3,600. However, the real cost, when all the other paraphernalia, including labour costs, are added in is £50,000. If that figure is multiplied for the regional transportation strategy, the regional development strategy et cetera, the immense cost can be seen. I would far rather that the money be spent on hip replacements or more books in schools - [Interruption].

Madam Deputy Speaker:

Order.

Mr Paisley Jnr:

The Minister has gone some way to anticipating and answering my question. Are the staff costs, as well as the printing costs, included in that figure? What is the true and total cost of such a consultation in the three years that he mentioned?

Mr P Robinson:

I could not give an accurate and true cost if all the labour costs were taken into account. If they were, I have no doubt that it would amount to hundreds of thousands of pounds being spent every year on that type of consultation. I wish to make it clear that consultation plays an important role. However, a distinction must be made between consultations that, as with the regional development strategy and the regional transportation strategy, are of great assistance, where people who had an interest in those subjects gave their views on those matters, and those consultations that are, in my view, carried out wholly for political purposes and are a waste of time and money.

Mr Paisley Jnr:

They are also a waste of paper.

Mr P Robinson:

That is correct.

Mr K Robinson:

Does the Minister agree that the problem with consultation documents is that, rather like a bus, having waited for ages for one to come along, we now find that they have all arrived at once? Our community has waited for consultation documents during 30 years of direct rule. How will the Minister ensure that the public and Members of the Assembly are not inundated by a sea of consultation documents emerging simultaneously, and thus diminishing the quality and quantity of responses that are sought?

Mr P Robinson:

Some consultations are required by statute and some are carried out because they are the best way to inform people of the subject matter. A schedule of consultation cannot be worked out. As soon as a new issue is addressed, it goes out for consultation. As I have said, consultation has an important role to play. I value my consultation with the Committee for Regional Development. I value consultations on specific schemes, where we ask for and receive views from the public. I am concerned about having to consult people who I know are not remotely interested in the subject matter. However, the equality impact assessment requirements under section 75 of the Northern Ireland Act 1998 require me to waste time and money in so doing, and that slows down the process.

Harland & Wolff

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6.

Mr M Robinson

asked the Minister for Regional Development to outline the implications for land at the Belfast harbour estate as a result of the proposed changes at Harland & Wolff.

(AQO 1105/01)

8.

Mr Hilditch

asked the Minister for Regional Development to detail the conditions he will impose on any re-registration of the Harland & Wolff lease and the steps he will take to ensure that expediency does not undermine the economic potential of the harbour site.

(AQO 1110/01)

Mr P Robinson:

Madam Deputy Speaker, with your permission I should like to take questions 6 and 8 together as both relate to Harland & Wolff's lease of lands in the harbour estate.

I was first notified of the company's desire to secure the removal of the restricted user clause from its lease of some of the lands it currently occupies in the harbour estate when Sir David Fell, chairman of Harland & Wolff Group, met Sir Reg Empey and myself on 18 February 2002 to brief us on the company's new business plan. The company has identified an area of some 80 acres as being no longer required for its shipbuilding activities. Its new business plan envisages a more compact yard and diversification of engineering activity, as well as the regeneration of those lands no longer required for shipbuilding. Consequently, the proposal has major implications for the company's future and for land use generally in the harbour estate.

Sir Reg Empey's interest mainly centres on the feasibility of the company's new business plan. It was recognised at the outset that a view on the business plan would inform our decision-making process on the land. While our respective Departments have been working within the very tight timescale notified by the company, the seriousness of the company's situation and the complexities of the issues demanded that the matter be given careful consideration. That, inevitably, has taken time.

I am sympathetic to the plight of Harland & Wolff Heavy Industries Ltd, and I am willing to facilitate the company in its efforts to secure a future for shipbuilding and ship repair in Belfast. However, I approach the matter strategically, mindful of the considerable economic development and the potential for job creation of the land in the harbour estate which Harland & Wolff has indicated is surplus to its shipbuilding requirements.

In addressing the issue of the land I have made it clear that any arrangement reached between the Belfast Harbour Commissioners, as landlord, and Harland & Wolff, as tenant, must be justifiable and acceptable in its own right, regardless of what the future holds for Harland & Wolff Heavy Industries Ltd.

I am also concerned to ensure that the public interest in the lands is fully safeguarded and that they are used and developed in the best interests of the people of Northern Ireland. The conditions attached to any agreement between Belfast Harbour Commissioners and Titanic Properties Ltd will be construed so as to meet those primary objectives and will be a matter for negotiation.

Mr M Robinson:

Can the Minister clarify who will take the final decision in relation to the change of leases affecting the land in question?

Mr P Robinson:

In examining the steps to be taken I suppose that the final decision will be taken by Belfast Harbour Commissioners, who by law have responsibility for the harbour. That decision will, however, arise from negotiations with Harland & Wolff and the Fred Olsen companies, and will be taken in the context of a memorandum of understanding, signed by the Belfast Harbour Commissioners and by the Department for Regional Development.

I must indicate to the House that in every respect the Belfast Harbour Commissioners have been true to their word regarding the memorandum of understanding, and our arrangement with them has been open and transparent. The Northern Ireland Executive have indicated that approval of the memorandum of understanding requires their support. There may be no legal obligation for that, just as there is no legal obligation for me to take on board the views of the Committee for Regional Development on the matter. However, it is vital, considering the potential of the land, that the political community is satisfied that what we do is in the best interests of Northern Ireland plc. Therefore, irrespective of what the legal niceties might be on the subject, we want maximum political support, with people knowing that the right decision has been taken for the right reasons.

3.30 pm

Mr Hilditch:

When does the Minister think that the matter is likely to be resolved?

Mr P Robinson:

Perhaps I can indicate some of the steps that have yet to be taken, and I will leave it for Members to work out a time frame for them. Some final fine-tuning must still be done in the negotiations, and legal clearances are required. The Department has asked the Valuation and Lands Agency (VLA) to review independently the four evaluations that have been carried out and to satisfy itself with the valuation of the land involved. The state aid issue must be resolved. In addition, I am interested in the comments and analysis of the Committee for Regional Development, which has considered the issue and gathered evidence relating to it. I also want to hear the views of other political Colleagues and those of the House. The final decision rests with Fred. Olsen Energy ASA and the Belfast Harbour Commissioners.

The Environment

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Madam Deputy Speaker:

Question 5, standing in the name of Mr Eddie McGrady, has been withdrawn and will receive a written answer. Question 6, in the name of Mr Ian Paisley Jnr, and question 8, in the name of Mr George Savage, have been transferred to the Minister for Regional Development and the Minister of Finance and Personnel respectively. Both will receive written answers.

E-Government

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1.

Dr McDonnell

asked the Minister of the Environment to outline any progress which has been made on introducing e-government to his Department over the past three years and any plans in place for the further implementation of e-government methods over the next three years.

(AQO 1129/01)

The Minister of the Environment (Mr Nesbitt): Several key services, such as the telephone renewal of vehicle licensing, are provided in electronic form. Through their web sites, the Department's agencies also provide the public with information in several electronically available forms. During 2001, consultants were retained to assist the Department to produce an e-government strategy, which pulls together the individual strategies of its four agencies. The agencies have a high level of contact with members of the public, and each is examining ways to deliver its key services electronically. For example, the Driver and Vehicle Testing Agency (DVTA) plans to introduce a telephone booking service for its customers from August 2002. Payment will be made with either a debit or a credit card, thus increasing customer choice. It is planned to facilitate booking via the Internet by mid-2004.

The current PFI project to re-equip our test centres will integrate with the booking project, and both vehicle and driver test results will be sent directly to Driver and Vehicle Licensing Northern Ireland (DVLNI). Together with plans for expanded links with the insurance industry, that will enable telephone re-licensing of vehicles to be made available to customers by mid-2002.

The Planning Service is also preparing for planning applications to be made and paid for online and for online access to information about planning applications, including information on their progress.

Advances in technology open up some exciting new opportunities, but they also require significant resources such as finance, time and staffing.

Dr McDonnell:

I thank the Minister for his extensive answer. It was the least that I expected from him, because I know that he had in interest in, and an awareness of, e-government during his time as a junior Minister. The corporate strategic framework for the electronic delivery of services specifies that Departments will consult with their customers to ensure that their needs are addressed. What processes has the Department of the Environment, or its agencies, used to identify the specific needs of customers for electronic services?

Mr Nesbitt:

There are key services that we need to identify for e-government. Twenty-five per cent of those key services must be in place by 2002. However, the guidance states that the key services should be introduced: where there are many transactions, such as the renewal of road fund licences; where the transactions are highly valued by citizens, such as bookings for an MOT; and where citizens are obliged to transact with the public sector, such as the notification of a change of address. Each Department must identify key services and determine how e-government will be implemented. In identifying the key elements, I have tried to clarify where they apply to the Department of the Environment.

Mr McCarthy:

What targets has the Department of the Environment set for the take-up of electronic services? What steps are being taken to monitor progress? When does the Minister expect to publish the costs of electronic services compared with the costs of paper transactions?

Mr Nesbitt:

Twenty-five per cent of key services, as determined by the Departments, must be in place by 2002, and 100% by 2005. The Executive intend to meet those targets. The cost of developing those services is extensive. I do not have the figures that the Member requested, but I will ensure that, where appropriate, Mr McCarthy receives them.

Landscaping and Planning
Approval Stipulations

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2.

Ms Armitage

asked the Minister of the Environment what steps he has taken to ensure that landscaping and planning approval stipulations are adhered to.

(AQO 1100/01)

Mr Nesbitt:

Under article 27 of the Planning (Northern Ireland) Order 1991, the Department has the power to attach conditions, including landscaping conditions, to planning permission. Those conditions are imposed when they are considered necessary, relevant, precise, enforceable and reasonable. In the past year, the Department approved 20,092 planning applications, all of which contained relevant planning conditions. Given the volume of applications, it is impractical to monitor all planning approval conditions comprehensively to ensure their compliance.

However, planning policy statement 9, 'The Enforcement of Planning Control', sets out the Department's general policy approach to its discretionary enforcement powers. If the Department considers it expedient to take enforcement action, that action will be commensurate with the breach of planning control to which it relates. When members of the public notify the Department of an unauthorised development, it will be investigated. In the first instance, the Department will seek to achieve a satisfactory resolution through negotiation. If that is not possible, the Department has the statutory power to institute formal enforcement action to resolve the situation.

I propose to bring before the Assembly soon a Bill that will considerably strengthen the Department's enforcement powers. The Department is also recruiting additional staff to bolster the Planning Service's development control and enforcement functions.

Ms Armitage:

I thank the Minister for his comprehensive answer. However, the system seems to be a long-drawn-out and expensive way of ensuring that stipulations are adhered to. Will the Minister consider the idea that, when planning approval that includes landscaping is granted, the developer should have to lodge a sum of money to cover the cost of that landscaping? I do not wish to be personal, but in Portstewart, where I live, umpteen developments have been approved with landscaping. Last week I checked about 10 of those developments, and not even a blade of grass had been planted. I am sure that the Minister agrees that insufficient staff are available to check that stipulations are adhered to. Will he consider introducing the advance lodgement of money by developers to cover landscaping costs?

Mr Nesbitt:

Enforcement is a fundamental function of the Department, on which I place a great deal of importance. Its aim is to bring unauthorised activity under the Department's control, to remedy the undesirable effects that Ms Armitage mentioned and to take legal action. However, as the Member rightly said, we do not have sufficient resources. The Department has addressed the backlog in planning applications, and when it recruits additional staff it will ensure that enforcement takes place, where appropriate.

By and large, the Department trusts the integrity of planning applicants, and often, when it alerts someone that he is in breach of a condition, the matter is rectified. However, I remind Members that the Department can, and will, take legal action if that does not happen. The Department must always be careful that legal action is timely; it is costly, so it must be effective.

I shall take note of Ms Armitage's interesting suggestion that money be lodged in advance to ensure that conditions are adhered to, and I shall see what happens.

Mr Shannon:

The enforcement of planning approval stipulations is crucial to ensure that there is transparency in the Department. In the past few years there have been insufficient enforcement officers, which has led to problems. My Colleague from East Antrim Roger Hutchinson gave the example of travelling people who built walls or erected gates but moved on before the Planning Service could enforce the planning regulations, with the result that nothing could be done. On other occasions, enforcement officers were unable to take action against illegal applicants because of manpower shortages. What does the Department intend to do to address those two issues?

Mr Nesbitt:

I do not wish to refer to Members' specific points; however, I referred to the general principles in my previous answers.

Mrs Nelis:

Go raibh maith agat, a LeasCheann Comhairle. Has the Planning Service, or the Department, plans to deal with land left by developers after development? Such land, which is referred to euphemistically as "open space", is often left without maintenance or landscaping for many years. It is dangerous and has an adverse effect on communities. People pay a great deal of money to buy houses, and the developer profits. I refer specifically to land at Chippendale Park in Foyle Springs, in the Foyle constituency, which has been derelict for 20 years. It is dirty, unsightly, affects property value and is dangerous to the community.

Mr Nesbitt:

I cannot deal specifically with Chippendale Park. I agree that open space contributes to the ambiance of the environment, whether in an industrial or residential area. It is part of a wholesome approach to the environment.

Castlebawn Development

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3.

Mrs I Robinson

asked the Minister of the Environment to outline discussions he has had with the developer and his agents of the Castlebawn development in Newtownards.

(AQO 1124/01)

Mr Nesbitt:

I have had no discussions with the developer or his agents about that development. The proposals, which were submitted on the basis of two outline planning applications, include a food superstore, retail warehousing, business parks and a new link road between the Comber Road and the Portaferry Road. However, since receipt of the planning applications, officials from my Department have been in regular contact with the developer and his agents about the various elements relating to them. That included discussions about retail impact, traffic implications and the protection of the historic landscape of the area, including scheduled monuments. The Department has also been involved in detailed discussions with the developer and with the Department for Regional Development's Roads Service with regard to necessary road improvements to deal with traffic generated by the development. Ards Borough Council supported the proposals, indicating that they would be of benefit to Newtownards. The Member is aware that on 15 March 2002 I announced a notice of opinion to grant planning permission for the proposed development.

3.45 pm

Mrs I Robinson:

This question was tabled before the Minister had announced publicly his decision on Castlebawn. I welcome the decision and thank the Minister for Regional Development for his efforts to secure a successful outcome to the project. I hope that the development will halt the haemorrhaging of shoppers who are going elsewhere. Will the Minister take cognisance of the fact that some traders in Newtownards are understandably concerned that the new in-town shopping development at Castlebawn should in no way take away from the existing town shopping area but should complement and enrich the whole town? Will the Minister give assurances that he will do his utmost to ensure that this happens?

Mr Nesbitt:

I spoke to the planning officials before I signed off and sought clear assurances from them with regard to the development and transport. I am mindful of where the objectors came from. There is also the issue of the pathway to link the traditional town with the new development. I have been cognisant of the issues concerning Newtownards when discharging my duty.

Mr Hamilton:

I am certain that the Minister will join me in welcoming the development, which will be of great benefit to the people of Newtownards and Strangford in general. Ards Borough Council also welcomes the development. Does the Minister agree that the design of this much-needed development, including the provision of walkways to link it with the town centre, will help to relieve traffic congestion and contribute to the economic prosperity of the town as a whole?

Mr Nesbitt:

The development will improve the vitality, viability and vibrancy of Newtownards. With regard to traffic movement, when I met the planning officials, I sought a clear assurance that they would not allow a sod to be cut for the development until it was clear where the linkage road between Portaferry and Comber would be located. I also sought an assurance that they would not allow any part of the development until it was clear where the section of the road round the Blair Mayne monument would be located. I have tried to ensure that traffic movement is taken into consideration.

Nitrate Vulnerable Zones

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4.

Mr Armstrong

asked the Minister of the Environment what plans are in place for landowners who have land designated as nitrate vulnerable zones.

(AQO 1146/01)

Mr Nesbitt:

Arrangements for dealing with nitrate pollution are based on the requirements of EC Directive 91/676/EEC, which aims to reduce nitrate levels in areas where the water is polluted and to prevent new pollution. The Directive was transposed into Northern Ireland legislation by Regulations made in 1996 and 1999.

In 1999, three ground waters were identified where nitrate levels exceeded the maximum permitted level under the Directive. These three areas were identified and designated as nitrate vulnerable zones (NVZs) in March 1999. One is at Cloughmills, County Antrim; the other two are near Comber, County Down. There are approximately 100 farms within the three zones.

Action programmes were established in June 1999, setting out measures which must be taken by people farming in these zones. Those measures include closed periods for the use of nitrogen fertiliser and organic manures and permitted application rates for nitrogen based on crop requirements. There are also controls on spreading fertiliser and manure, taking account of ground conditions and proximity to waterways. Requirements are also in place for the provision of slurry storage and the keeping of farm records, covering cropping, livestock numbers and the use of nitrogen fertilisers and organic manures. These measures are applied in ways appropriate to the particular agricultural activities carried out on each of the relevant farms.

The European Commission has recently indicated that the Directive applies to surface waters that are eutrophic, or likely to become eutrophic, through nutrient enrichment. The European Commission is currently taking infraction proceedings against France for failure to implement the Directive on those grounds. Accordingly, the Environment and Heritage Service of my Department is reviewing its water quality monitoring data. If, following this review, any other areas are identified as candidate NVZs, my officials will consult farmers and other interested parties before proposing any further designations.

Mr Armstrong:

Will the Minister outline the measures that his Department is proposing to take to assist farmers in their efforts to reduce the amount of nitrates and pollutions entering the soil?

Mr Nesbitt:

As I mentioned in my answer, the farms in nitrate vulnerable zones are subject to a range of measures, depending on the particular circumstances of individual farms. While I am aware of farmers' concerns about these implications, I want to make it clear that I have met representatives of the farming industry. I have asked my officials to clarify the scientific explanation and measurement for both unions in the farming industry. If we are all aware of the problems, that will help us all to address the solutions. Direct assistance in the form of grants which might comply with the controls, for example, falls to the Department of Agriculture and Rural Development.

Mr McHugh: The Minister partly answered my question in his last answer, and I thank him for that. Water quality is a particularly important issue. I wonder about the relevance of the measures that have been drawn from Europe. They are generally suitable there. However, measures relating to nitrates in particular are not appropriate for this part of Europe where farmers can put slurry on their land. I hope that the Minister will get as much information on those points as possible, especially from the farming organisations.

Mr Nesbitt:

We will secure as much information as we can. Slurry and artificial fertiliser are the most significant sources of excess nutrients. I accept that that is relevant to the farming industry. In the same breath, I must say that treated sewage effluents, storm sewage discharges, septic tanks and surface drains in urban areas are also major sources of nutrients. This problem has developed hand in hand with the developing economy.

Waste Framework Directive

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7.

Mr M Murphy

asked the Minister of the Environment if he has any plans to implement the Waste Framework Directive (75/442/EEC), which relates to packaging waste.

(AQO 1103/01)

Mr Nesbitt:

The Waste Framework Directive establishes a framework for the safe management of waste. In Northern Ireland the primary legislation necessary to transpose the requirements of the Directive is contained in the Waste and Contaminated Land (Northern Ireland) Order 1997. However, full compliance will also require a phased programme of subordinate legislation.

The first stage in the implementation of that programme was the introduction of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999. They require persons or companies carrying or transferring controlled waste to register with the Department.

The second stage will be the implementation of a duty of care on any person who imports, produces, carries, keeps, treats or disposes of controlled waste. A consultation paper on the duty of care was issued on 14 November 2001, and it is hoped that the legislation will be operational in May or June this year.

The third stage in the programme will be the introduction of a new waste management licensing system. Under that system, my Department will issue licences authorising the treatment, keeping or disposal of controlled waste. Those licences will replace the waste disposal licences currently issued by district councils under the Pollution Control and Local Government (Northern Ireland) Order 1978. Consultation on the licensing proposals is scheduled to take place in the next few months, with a view to the system's being operational by the end of 2003.

Mr M Murphy:

What does the Minister propose to do about plastic bags from retail grocery outlets? Each week, thousands of plastic bags end up in landfills. Will the Minister introduce the regulations that apply on the rest of the island, where there is a charge for plastic bags to encourage their reuse and reduce the amount going into landfills? Go raibh maith agat.

Mr Nesbitt:

Litter poses a major environmental problem, and plastic bags are a significant part of that problem. I am watching with interest what happens in the South, where Minister Dempsey introduced legislation to deal with plastic bags. His levy will raise funds to help tackle litter.

However, more important than where the funds go is the public's attitude to waste generally, whether that is litter, plastic bags or major forms of litter. Unfortunately, taxes are a UK-wide matter. Northern Ireland is part of the United Kingdom, and it has no powers to adopt a similar levy independently. Therefore, there are no plans at present to deal with plastic bags. However, I will be monitoring the situation in the South, and if we think that it would be helpful, it could be raised at a United Kingdom level.

Drinking Water Directive

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9.

Mr J Wilson

asked the Minister of the Environment, in the light of the European Commission's decision to take legal action against the UK due to the absence of legislation transposing the new Drinking Water Directive into legislation in Northern Ireland, what co-operation has taken or will take place between the Department of the Environment and the Department of Agriculture and Rural Development to ensure that the new Drinking Water Directive is transposed as quickly as possible.

(AQO 1109/01)

Mr Nesbitt:

My Department has worked closely with the Water Service on the quality of drinking water within the current statutory and administrative arrangements for ensuring drinking water compliance. That relates particularly to health requirements and the ongoing monitoring of the quality of water supplies. Because of the under-resourcing of my Department's environmental policy division under direct rule and the first year of devolution, it was not possible to achieve the required date for transposition of the December 2000 Directive. However, my Department issued a consultation document on 29 March 2002 on the proposed water supply and water quality Regulations that will transpose the requirements of the new Directive.

4.00 pm

The Regulations will apply to all public water supplies intended for drinking, domestic purposes and use in food preparation. I have indicated to the European Commission that I expect to have the Regulations in operation by the summer. The new Regulations will give statutory force to the drinking water standards required by the Directive. Those standards will begin to apply progressively from December 2003, and my Department will be assessing compliance of public drinking water supplies with the standards.

My Department's Drinking Water Inspectorate will continue to liaise closely with the Department for Regional Development's Water Service on the achievement of the standards by the required date. However, responsibility for the infrastructural and operational improvements necessary to ensure effective compliance lies with the Water Service in the first instance.

Mr J Wilson:

Will the Minister advise the House as to the legal position wherein infraction proceedings are being taken against the UK Government by the European Union? Will he also confirm that where Northern Ireland is the only constituent part of the UK that is in breach of European Directives, such fines as may be imposed should fall solely on the Northern Ireland Executive?

Does the Minister agree that the existence of a long-running and widespread terror campaign contributed massively to the situation in which environmental issues did not and could not receive the priority treatment that they do now?

Madam Deputy Speaker:

I ask the Minister to make his response a brief one.

Mr Nesbitt:

Legal infraction proceedings are going ahead because we have been unable to comply with European requirements. That leads to the second point, because, under direct rule, the focus was not there. In the first year of devolved Government in Northern Ireland we had to readjust. That focus now exists, and we have more resources.

As regards the Member's point about the terror campaign, it is true that people have been focused on other political matters. It is to be hoped that we are now moving towards a stable environment in which we can address the issues of infractions and EU Directives.

(Mr Deputy Speaker [Mr J Wilson] in the Chair)

Motion made:

That the Assembly do now adjourn. - [Mr Deputy Speaker.]

Mosside Primary School, Ballymoney

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Mr Kane:

We are now supposed to have joined-up government. On the one hand, we have a Department pushing like mad for rural development, and on the other, an education and library board that is responsible to another Department, which is determined to close a rural village school. I ask the Minister of Education and his Department - is that not a contradiction of policy? On what grounds can the education and library board justify closure?

We talk about social and economic deprivation. What greater social need can there be than the need for education for the growing and close-knit community of Mosside? All 108 MLAs should be fighting tooth and nail to keep all schools in rural communities open in order to preserve them for future generations. The North Eastern Education and Library Board (NEELB) is taking away the very fabric of society that exists in a rural community and does not exist elsewhere.

The NEELB appears to have had a complete disregard for the facts in reaching its decision to close Mosside Primary School. The extensive new build programme in the village and the creation of new commercial ventures in the Mosside area are significant reasons to keep Mosside Primary School open. Those factors have been overlooked in the decision-making process. Has the NEELB taken those factors into consideration, or is it too short-sighted?

I accept that a reduction in the number of children of primary school age can lead to falling class sizes, which in turn leads to inefficiency in the provision of primary school education. Bearing in mind the pointers that suggest that the trend is for more youngsters in the village, I am perplexed by the proposed closure of Mosside Primary School. The potential is there in Mosside. Support for rural sustainability means having local primary education. The population and potential for an increase in numbers of children of primary school age is there. The decision to close the village primary school is therefore premature and poorly thought through.

Some parents in the village take their children to other schools, thus not supporting the outstanding teaching qualities available at Mosside Primary School. However, I congratulate the principal and her staff on those outstanding qualities. The NEELB should put the recommended closure of the school on hold and begin a public relations exercise in the community to encourage parents and children to return to Mosside Primary School. That would be a great asset to the community and a positive step forward.

Teaching staff, the board of governors and parents inform me that the performance rate of children at Mosside Primary School far outstrips the performance rate of children at larger schools. That is a great achievement, and it is a major challenge for the board to have the school kept open. It constitutes a significant factor in the decision that, ultimately, should be to keep Mosside Primary School open for business.

I have been strongly petitioned by parents and members of local churches to resist the closure of the school as it is a focal point for young and old. The parents, children and the entire community are very much aware of the value of the school. There seems to be a disregard in the proposed decision to close the school as it provides convenience for working parents living in the village and surrounding area, and continuity in first-class primary school education for children.

Schools that have closed in the area in recent years include Cloghcorr, Cloghanmurry, Tullybane, Drumtullagh, Giant's Causeway, Croaghbeg, Kirkhills, Ballintoy and Moyarget. Although the circumstances of the declining attendances were compelling at the time, the detachment of children and young people from their community is evident. I must caution Members that this has not been an encouraging development in many cases. We must provide our children and young people with a sense of belonging and a sense of identity for them to prosper and become contributors to their society. We can do this in Mosside, and we must not ignore the opportunity. The future of Mosside Primary School depends on the support of the House to prevent the closure. Neither I nor other Assembly Members can begin to quantify the social damage that primary school closures inflict on rural communities.

Mr Paisley Jnr:

I congratulate my Colleague on securing the debate today. It is an important debate because it goes to the heart of Government policy; it also goes to the heart of what we want for our community and for this society. Schools are a cornerstone of society, and in rural areas where there is remoteness and lack of choice, it is essential that the heart is not ripped out of the local community. That issue must not be lost in the House.

Many people will argue that this is about resources, but the reality is that the school has been well resourced. In fact, one could argue that it is one of the best equipped schools in the area. Therefore it would be a double scandal to remove the teachers and the resources and equipment from the school. Today I saw a report listing the equipment in the school. For such a small school it is not short of modern technology. There are six personal computers, two laptops, two televisions, two videos, five printers, three data projectors and a hi-fi system. The Internet is available to every classroom as well as the assembly hall. The classes are obviously small due to the dwindling number of pupils who have enrolled. However, that means that there is more time allocated to each pupil and that there is a better teacher/pupil ratio than in many other schools. Therefore it can be argued - and shown - that the children are well catered for in this area.

The fabric of the building is also very good. The recent installation of double-glazed windows and a new central heating system; the construction of a principal's office and the replacement of sanitary ware have left the school in tip-top condition. There have been improvements and special conditions put in place for children with special needs. There is now a special needs classroom that has been completely refurbished with a new roof, carpeting, curtains and a heating system. In relation to the entire fabric, therefore, the school is probably one of the best catered for and maintained primary schools in the vicinity. It would be a double scandal to rip up that good work by no longer using a well catered for school and by asking the children to go elsewhere.

As I said at the beginning, this is not just a question of resources; it is a question of Government policy. It is essential that Government policy allows for choice in rural areas. People in areas that could be left remote or without choice should be given the choice to attend a local primary school. We have seen that choice given to other schools, such as Irish-medium schools. Government policy for Irish-medium schools shows that where a school has 12 pupils or more, it can be considered for funding. This school is not an Irish-medium school, but surely it is entitled to the same rights. If Irish-medium schools with 12 pupils are entitled to funding, then Mosside, which has seen a dwindling in its numbers, should also be entitled to proper funding.

I want to identify some of the reasons for the dwindling numbers in the area. In 1988 there were 72 enrolments, and last year there were 13. The tapering downwards of the number of enrolments seemed to start between 1996 and 1998. It fell from 34 to 22 in the year beginning 1999. I suggest that the reason for that is the uncertainty placed at the heart of the future of the school. That uncertainty started with a rumour that the school would not last due to dwindling numbers. As a result, parents have panicked and decided to register their children for pre-school education in other local schools, so that they can get the next best school. That rumour has damaged the availability of pupils to enrol in the area.

The one thing that the Department could do is give certainty back to the school and say that it will stay open. We would then see enrolment increasing because parents would be confidentthat their children would be at the school for several years to get their education before going on to secondary level education. The rumours should be quashed, and the Assembly and Department can help to do that by saying that they will give certainty back to the school. It is not an unprecedented request; the Minister of Education, who is here for the debate, made such announcements before. He has done it for two other schools. He indicated that Toberlane and Churchtown Primary Schools would stay open even though they do not reach the same criterion. Most Members will know that the criterion is that if a school does not have 25 pupils for enrolment, it can be earmarked for closure. Those schools had 25 and 24 pupils respectively, yet they were not earmarked for closure. In his public statement of 6 December 2000, the Minister recognised that to close them would be unfair and would disadvantage people in a rural community.

4.15 pm

If the argument stands for areas such as Cookstown, it stands for areas in north Antrim. The same criteria used for that decision should be applied in this case. To close Mosside Primary School because it has not reached the enrolment criteria last year and this year is not good enough. The school needs to be given a chance.

My Colleague Mr Kane talked about local development, and there are major planning developments in the locality that will see a development of the village and an increase in people who will want to live in areas that have been depleted because of changes in farming and in the locality. Those people will want a local school for their children. If there is no local school, they will not want to live there and will go elsewhere. They will want to live in a town or village that does have a local school. We need to encourage people to stay in the area.

Another Government agency, namely the Planning Service, has taken decisions to allow building in the village to keep the village whole, instead of seeing a dwindling population. People will then go to that village and see the cornerstones of the local village, such as the local church, the local school and the local shops. I hope that the principles that were applied to Toberlane and Churchtown Primary Schools will also apply to Mosside Primary School.

There are peaks and troughs in enrolment, and there is a trough at the moment because of the birth rates in the area. There will be peaks in the future, and it is essential that we cater for them and be ready, instead of ensuring that they can never be catered for by closing the local rural school. It is essential that parents have choice. To close a rural school and reduce parents' choice is not a good policy or principle upon which to devise education provision.

The issue has not only been raised at local community level, at the local council, and in the form of a petition which I presented to the House, but also by many people who have indicated their strong desire not to see another rural community decimated by a decision that will damage the fabric of that rural society. It is important that the plea go up from the House to maintain that school and to apply the same principles in operation elsewhere to allow the school to continue, and also to make sure that discrimination does not creep in. It could be argued that discrimination has been allowed to creep in through other policies. The Department of Education has the responsibility to demonstrate to this rural community in a part of Protestant Ulster that they deserve their rights and are entitled to the same rights as others in that locality.

Rev Dr Ian Paisley:

All public representatives have seen rural schools closed before. All sorts of arguments were put forward. First, we were told that the buildings were not manageable; that they had been built years ago and had deteriorated and that a new school would be required. I am glad to report that Mosside has a good building. The issue does not relate to the building - an excuse which has been made on many occasions by those who were intent on ruthlessly carrying out a policy of closing down rural schools. Small rural communities are vital contributors to life both locally and Province-wide.

I was amazed by the figures produced by a recent inquiry into relative deprivation by the centre for urban policy studies at Manchester University. That inquiry reported the shocking statistic that 76% of residents in Mosside over the age of 16 have no formal educational qualifications. If they are to gain formal educational qualifications, they must have a good primary education.

First, Mosside Primary School has a good building, so the Department would not have to spend a vast sum on a new building or renovations. Secondly, it is a good school. All the parents and community members wish me, as an MLA and MP for the area, to express thanks to the teachers and the principal of the school. They have done, and continue to do, a good job.

The issue is represented across the board. An Ulster Unionist councillor, Helen Harding, who is a former pupil of the school, has pledged to fully support the campaign to keep it open. An SDLP councillor, Madeline Black, said that it is vital that such communities have a primary school, which is necessary for children's stability. Therefore, it is not just one section of the community that is crying loudly for the maintenance of the school; every section with pupils at the school is represented. The community has a united voice.

Schools and churches cement a community together. If the cement is taken away, the community will disintegrate. Communities in Ulster are in danger of disintegrating. Schools have been removed from other rural districts that used to have real communities, to which people were pleased to belong, and that enjoyed a neighbourliness that was begotten of people's sense of community. Those communities have completely disintegrated because the cement has been taken away. Children who are brought up and educated together share a closer bond than those who are educated separately. Therefore, there is a danger of destroying a community that is vital to the betterment of that area of north Antrim.

I do not understand why we plan to build so many new houses in the area and then tell people that there will be no school. Anyone with experience of such schools knows that enrolment statistics vary. The unfavourable statistics of some schools have been reversed because of an increase in the intake of pupils. That must be considered when deciding whether to close a school. New houses are being built, and people are moving to the area, including some who were forced to leave before because of housing difficulties. They wish to live in the area in which they were brought up.

People who speak for rural districts understand that well. I do not know why some statistics should be played to the full, when other statistics point to a rise in the number of children. At first there was panic when it was whispered that this school would close. Then parents worried about where their children were going to go. They naturally wanted to get their children into the nearest school and into the school that they calculated to be the best.

Once there is a rumour in an area that a school is going to close, there is panic among parents. They have been telling me that they are worried that all the children will have to be bused away. I do not think that any mother or father is keen to see children leave home earlier in the morning than they should have to do because of the distance that they must travel to the new school. One mother told me that it will be a long and tiring day for her youngest child, who will have to catch a bus at around 8.30 in the morning and will not return home till long after 3.00 pm. That is not right.

The Assembly must remember that those children are growing up and should not have to depend on such a busing system to get a primary education. That could be avoided if the school were maintained. If it is announced tomorrow that the school is to stay open many parents who have already made alternative arrangements will go back on them to keep their children at the local school.

The Assembly must address those difficulties. The best thing to do is to give the school a chance to continue to do its work. Members are pleading for that chance because the results of closing it will be dire. It will tear the heart out of the community and lead in some measure to its disintegration. All those matters and the points that my Colleagues put before the House mount up to a strong plea to give Mosside Primary School the chance to survive - indeed, the chance not only to survive, but also to succeed.

The Minister of Education (Mr M McGuinness): A LeasCheann Comhairle. Members will be aware that the North Eastern Education and Library Board published a development proposal on 31 January to close Mosside Controlled Primary School with effect from August 2002.

Under the legislative provisions there is a two-month period following this publication during which objections can be sent to the Department of Education before a decision is taken on the proposal. As that period has now expired, I will be examining the details of the case soon, with a view to taking a decision quickly. That is necessary to remove any uncertainty on the part of the school, parents and pupils regarding educational plans that will have to be finalised soon for the next school year.

While I have not yet determined the outcome of that matter, it may be helpful if I outline to Members the various factors that I will consider as part of my examination of the closure proposal. They include the pattern of enrolments at Mosside Primary. I understand that there are presently 13 pupils in attendance.

We must also consider educational factors, such as the balance and delivery of the curriculum and the proximity of neighbouring schools. There are four other controlled schools within a five-mile radius of Mosside Primary School. We must also look at surplus places in other schools and the social, economic and community issues, which several Members raised.

4.30 pm

I am on record as emphasising the importance of a strong network of rural schools as part of the infrastructure to reinforce rural communities. However, although it is important to retain relationships between schools and their communities, there are circumstances in which the burden on teachers to deliver the curriculum in very small schools across a whole range of age groups and abilities is excessive. Ian Paisley Jnr mentioned the situation at Churchtown and Toberlane controlled schools. In those cases, I made it clear then that there are circumstances when change is needed when the burden on teachers to deliver the curriculum is such circumstances is excessive.

We must also look at the condition of school premises. Objections to and representations on the proposal are other factors that we must consider. There were three objections to the proposed closure of Mosside, two of which came from the school's board of governors and Moyle District Council. Furthermore, Ian Paisley Jnr laid a petition in the Assembly during the two-month objection period. That petition has been treated as a formal objection. Members can see that I must carefully examine a range of issues before I can make an informed judgment on the matter.

Ian Paisley Jnr also mentioned the funding criteria for Irish-medium schools. That also affects integrated schools. The reference to the figures acknowledges the lowering of the viability criteria, a decision that I took last year to make it easier for integrated and Irish-medium schools to become established. Support is given to those schools only when my Department and I are convinced that the proposals are robust and that the schools will go from strength to strength. In almost 100% of cases, those schools have gone from strength to strength. They have not failed. Indeed, enrolment numbers have increased rather than decreased.

It was interesting that Ian Paisley Jnr used the argument about Protestant Ulster. I do not think that Ulster is Protestant. Ulster is full of Catholics, Protestants and Dissenters, and we are all the better for it. We should not attempt to sectarianise the argument. Any decisions that are taken on schools, especially small rural schools, must be based on what is best for the education of pupils in those areas.

All aspects of the arguments for and against the proposed closure of the school will be considered. The overriding objective is to determine a way forward that is in the best educational interests of all the pupils. I am on record as saying that I value highly the contribution that small rural schools make to society, especially as much of our geographic area is rural.

The arguments against closure are not lost on me - I sympathise considerably with all the points that have been made by the three Members who spoke. However, we must also recognise that all cases must be judged on their merits. There are 13 pupils at Mosside Primary School. In all likelihood, there may be only 10 pupils next year. The numbers are declining. People can say that there is a historical explanation for that. Before this institution was established, there were rumours in Mosside that the school was in difficulty and numbers were dwindling. Those circumstances were well beyond my control. If there was any validity in those rumours, we were effectively left with that legacy.

A decision will be taken shortly, and I shall consider carefully the points that have been made before I make an announcement.

Adjourned at 4.35 pm.

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