Northern Ireland Assembly
Tuesday 25 June 2002 (continued)
Mr Deputy Speaker: I shall determine the business in the Chamber, Mr McCarthy. Please ask your question. Mr McCarthy: What consideration has the Minister given to introducing legislation similar to that across the water? He mentioned in his statement that he wishes to introduce safety legislation to Northern Ireland. I contend that sectarian chanting at football matches is keeping the community away from the grounds. Mr McGimpsey: I am at a loss at Mr McCarthy's paradoxical position. He first congratulated and supported me; then he told me that I live with my head in the sand. With regard to barriers to attendance, the Member must consider the overall interest in football here. For example, if the Member were to attend the Milk Cup in Coleraine in July, he would see a packed ground. He would see not only fathers, but whole families. He would see mums with their daughters, their sons and their husbands. Watching the Milk Cup at Coleraine Showgrounds is a nice way to spend a summer's evening in the sun. The Milk Cup is an example of a local football tournament that has grown into an international event, attracting teams from all over the world. Sadly, sectarianism is a product of Northern Ireland society. We all deplore it, and we do what we can to eradicate it. However, we cannot expect football alone to solve our society's problems. Society must solve its problems and not pass the buck to football. I shall legislate as necessary. I am prepared to consider legislation, and I have made that commitment repeatedly in response to questions on the issue. Legislation will require a resource commitment. We must have some responsibility for legislating, and, consequently, we must have some responsibility for those resources as well. Football is an interface sport; it is our only major sport that is genuinely so. An interface sport is one that is played by all sections of our community. That is why it is so important and why we are making such efforts to give football the support that the Hamilton recommendations call for. Mr Shannon: I welcome the Minister's recommendations, but I am disappointed that the IFA seems to have failed to grasp the need for change at its level. Football is the national sport of Northern Ireland, and it brings together all sections of the community. I was at both the Spain 1982 and Mexico 1986 World Cups. In those days I was not married; I could go wherever I wanted, but it is slightly different now. Moreover, the team qualified then, which was the reason for going. Those were heady days for Northern Ireland, and the team played exceptionally well - they played the shirts off their backs. Is it a coincidence that our football's downward trend seemed to start when the league developed another layer of administration? The IFA may have produced legislators, but countries such as Senegal, Turkey, South Korea, Japan and the USA, who are participating in the World Cup, have all produced footballers and teams capable of going to the World Cup finals. The focus must be on the pitch, not on the office. What steps is the Minister taking to ensure that top officials, instead of striding the world football stage in their best - and well-travelled - suits are working to lift football at all levels? The heady days of 1982 and 1986 can and will return. Many are pursuing changes at all levels, and the IFA must get its hands dirty as well. It must make changes from the bottom up and from the top down. What assistance will be available for junior clubs that aspire to do better, and to lift themselves from the junior level and upgrade their grounds? Examples of those clubs are Killyleagh YC, Comber Rec and Ards Rangers - those are three local teams that are striving to do better. What can the Minister tell us about Friday matches? I understand that the decision will not be left to the home team, but must be with the agreement of both teams. Changing matches to Friday may be advantageous to football in the Province. Thank you very much, Mr Deputy Speaker, for your graciousness. Mr McGimpsey: I cannot comment on a coincidence between league officials' actions and a downward trend in football. There clearly is a downward trend that we must reverse. That is the reason for the strategy and for the Hamilton Report. The strategy, supported by the Assembly, is my proposal. We wish the football authorities to adopt the Hamilton recommendations, both to show that they are prepared to make the necessary changes and to give us an implementation plan that we can all get behind. That is the strategy. It is for the governing bodies of football to make those decisions - it is not for me to impose them. If they make those changes I can argue in their favour. It is difficult for me to argue for resources for them without such commitment. Those are not my changes or Billy Hamilton's recommendations; those are the recommendations of the entire football family, which have been dealt with by the Hamilton panel. One proposal is for a pyramid structure that would allow junior clubs to develop; the Member is correct in referring to Senegal and others. A key issue about which I have spoken is that community involvement and youth development should be from the ground up. That is why we have found funding for youth development, and one way of encouraging youth development is through the clubs. Any of the senior and intermediate clubs, or a consortium of clubs, can avail themselves of grant aid. They can employ a youth development officer to develop the youth in their area, using the three strands: mini soccer; community football for 12- to 16-year-olds; and coaching for talented players. The Hamilton panel approves the support of elite athletes in football. A key mechanism for doing that will be Sports Institute Northern Ireland, which is part of the UK-wide Sports Institute network. That is going ahead at Jordanstown. I hope that athletes will attend the institute this October. Thus far, rugby, athletics, hockey and Gaelic bodies have signed up, and each sport will have a performance director. To date, football has not availed itself of that opportunity. I implore the IFA to take that opportunity. We shall not only provide football with a performance director, it will also be able to obtain the support of the infrastructure that will be available in Jordanstown. Support services relating to strength, stamina, sport and medicine, which are common to all athletes, will be provided. That is another tangible measure that the IFA can take. Football was not included in tranche one. Tranche two is now available, and two more sports will be admitted. Competition is strong, but I implore the IFA to get involved because it is one of the key ways to take the game forward. Mr Foster: I too am a staunch soccer supporter. I congratulate the Minister for his welcome presentation, and I congratulate the task force on its fine work. Soccer is a game that all can play without any hindrance, and that is very worthwhile. The debate is appropriate in these World Cup days. Reference has been made to players such as George Best, Peter Doherty, Danny Blanchflower and Jackie Vernon. Windsor Park has also been referred to. Although the Minister mentioned the establishment of a new national stadium, what will happen to Windsor Park? That ground has served the country very well for a long time. Sadly, although people talk about Windsor Park, not many people go there now. I remember standing in Windsor Park when there were about 48,000 people at international matches. Reference was also made to an all-Ireland team. People from across the island played together in the days that I have just mentioned, and we were often beaten by England and Scotland by six or seven goals to one. Will the Minister think again about making improvements to Windsor Park? The Minister also said that junior football is the lifeblood of the game in the Province. People such as myself, and those in the Fermanagh and Western Association, have been proud that the Irish Junior Cup final has been won for the past three years by Fermanagh teams - Irvinestown Wanderers, Lisnaskea Rovers and the north Fermanagh club, Kesh. Mr Deputy Speaker: I know by the way that the Member is looking at me that he knows that he is not obeying the code. Is he coming to a question? Mr Foster: I am just making a few points. [Interruption]. Mr Deputy Speaker: Order. I have been quite relaxed about this, but there is point beyond which I cannot be stretched. This is not an opportunity to make a few points; it is an opportunity to ask questions. Mr Foster: Will the Minister further confirm that he will not forget the junior football clubs, because they are the lifeblood of the Province? Will he think again about Windsor Park? Mr McGimpsey: It is not a question of whether I shall think again about Windsor Park. I have already outlined what I see as the proper and sensible way forward. I do not see us having the funding for a major prestigious capital project such as a new international stadium. If we did have the amount of money required, I am not sure that that would be the best way to use it. 11.45 am Football needs to be developed at the grass roots - at community and youth level. As far as the Northern Ireland international team is concerned, Windsor Park needs some investment to raise it to an acceptable international standard. The IFA must come and tell me what it sees as the way forward and what its options are. It should not wait for me to make suggestions or impose a course of action. I shall not be imposing anything. It is for the IFA to come forward with its proposals to ensure that it has a ground of acceptable international standards for the international team to play on. In relation to the junior clubs, I have said that we need to move forward at all levels. The strategy is not simply about the senior game; it is about the game at every level, and junior clubs play a vital role. Mr Campbell: I shall stick rigidly to your request to ask questions, Mr Deputy Speaker. I welcome sections of the report and the reference that the Minister made to the 26,000 individuals who play football. That shows the level of interest in the national game. In his earlier comments, he said that he considered that any funding support to clubs for improved facilities and safety management should be tied into conditions relating to wider measures, such as youth development, community involvement, the development of the women's and girls' side of the sport, et cetera. Does the Minister believe that a good way to implement and promote that would be to fund clubs that already carry out those functions and that already provide those facilities? That would provide a twofold impetus. It would support the clubs that are already doing so, and it would provide an impetus for other clubs that are not doing so to get involved in community development and women's and girls' sport. Many clubs in the north-west are already doing that, as are the organisers of the Milk Cup - a competition that was mentioned by the Minister. Mr McGimpsey: I do not broadly disagree with the sentiments expressed by Mr Campbell. Some clubs are doing extremely important work and taking their game forward. We look to support those clubs. Some other clubs are lagging behind, and certain areas of the game need development and support. We need to look at how we can support those clubs. We shall not turn our backs on health and safety. We shall ensure that spectators are safe when they go to the grounds, that objects will not fall on them and that they will not trip over objects. Health and safety is a key requirement for all citizens, and they are entitled to that kind of support from the Government. A raft of measures is involved, and we shall try to give levels of support to those measures. We need to see something in return as well. We are involved in a programme, a policy and a process that cannot be a one-way street. I want the soccer governing body to say that it supports the recommendations, and I want to see its implementation plan. I shall then look at resource implications and make the arguments for them at that point. Mr Byrne: I too welcome the Minister's efforts to try to tackle the sorry state of soccer in Northern Ireland. How committed are the football authorities to developing a meaningful, sincere and practical approach to the development of youth football? I would suggest that the lack of youth football competitions is probably one of the main reasons why the game is in such a sorry state. I ask the Minister in his deliberations with the football authorities to impress on them their obligation to try to help and promote youth football. There were two other famous football players who were not mentioned: Norman Whiteside, who was a great product of a youth policy in Belfast, and Pat Jennings, who was perhaps the greatest goalkeeper ever. Mr McGimpsey: I did mention Norman Whiteside, who, at 17 years of age, was the youngest player from any country to play in the World Cup finals. I agree that Pat Jennings was one of the greatest goalkeepers ever. As far as the young are concerned, we have committed £1·6 million to youth development, and we are looking at three areas of need: mini soccer, elite coaching and community football for 12- to 16-year-olds. That will reinforce what is already going on. Some senior clubs are doing important work in developing youth football. We wish to reinforce that to support them and to make it available to clubs at all levels, not just at senior level. Housing Support Services Bill: The Minister for Social Development (Mr Dodds): I beg leave to lay before the Assembly a Bill [NIA 23/01] to confer on the Northern Ireland Housing Executive functions with respect to housing support services, and to amend provision about housing benefit. Bill passed First Stage and ordered to be printed. Mr Deputy Speaker: The Bill will be put on the list of future pending business until a date for its Second Stage has been determined. The Minister for Social Development (Mr Dodds): I beg leave to lay before the Assembly a Bill [NIA 24/01] to make provision about the conduct of tenants of the Northern Ireland Housing Executive and registered housing associations, grants and other assistance for housing purposes and action in relation to unfit housing; to amend the Rent (Northern Ireland) Order 1978 and the Housing (Northern Ireland) Orders 1981 to 1992; and for connected purposes. Bill passed First Stage and ordered to be printed. Mr Deputy Speaker: The Bill will be put on the list of future pending business until a date for its Second Stage has been determined. Strategic Planning Bill: The Minister for Regional Development (Mr P Robinson): I beg to move That the Second Stage of the Strategic Planning Bill (NIA 17/01) be agreed. The main purpose of the Strategic Planning Bill is to amend the Planning (Northern Ireland) Order 1991 and to assist the Department of the Environment and the Department for Social Development in carrying out their statutory functions in respect of implementing the regional development strategy. As Members will be aware, strategic planning is my Department's responsibility, while operational planning, including the preparation of development plans and policy, are the responsibility of the Department of the Environment. The Bill deals with the relationship between the regional development strategy, which was agreed by the Assembly on 17 September 2001, and development plans. Before dealing with its main provisions, I shall briefly explain the need for the Bill. The Strategic Planning (Northern Ireland) Order 1999 provided the legal context for the preparation of the regional development strategy. It also amended the Planning (Northern Ireland) Order 1991 by introducing an obligation to ensure that future planning policies, development plans and development schemes are "consistent with" the strategy. Several concerns were expressed about the "consistent with" requirement before the formulation of the regional development strategy. First, there was a concern about three development plans being introduced by the Department of the Environment that were well in advance of the regional development strategy. The Bill deals with that difficulty by way of a transitional arrangement for those three plans. Secondly, the Department of the Environment expressed concern that the requirement could produce a potential conflict of tension in respect of its duty to secure the orderly development of land, an obligation placed on it by the Planning (Northern Ireland) Order 1991, and the requirement to ensure consistency with the regional development strategy. Thirdly, there was a concern that the requirement might adversely affect the Department of the Environment's ability to respond to changing circumstances unforeseen in the regional development strategy. Legal opinion was sought on those concerns about the "consistent with" requirement, and on receipt of advice from senior counsel it was agreed that the alternative wording "in general conformity with" provided the flexibility sought by the Department of the Environment while maintaining the clear authority of the regional development strategy. The relatively short Bill is in three parts and has three main clauses. The first clause amends the requirement that development plans must be "consistent with" the regional development strategy to one of being "in general conformity with". I have agreed with the Minister of the Environment that the concerns raised by his Department can be averted by that change in wording. The second clause makes provision for a statement of conformity procedure in the statutory planning process. I regard that as a very important provision in the Bill. It will reaffirm the primacy of the regional development strategy since all future development plans must be "in general conformity with" it. The importance of the overarching authority of the strategy was raised by the Committee for Regional Development on several occasions. It was concerned that the regional development strategy should have teeth for the development plan process. The new statement of conformity procedure will provide a robust policing role to enable the Department for Regional Development to assess whether a development plan is in general conformity with the strategy. I see the statement procedure as part of four stages of plan preparation. The first stage is before the publication of the draft plan, when the Department for Regional Development will be required to issue a first statement that offers its opinion on the conformity or otherwise of the draft plan. By working closely with the Department of the Environment, officials from the Department for Regional Development will do everything possible to ensure that plans do conform with the regional development strategy. However, if the Department for Regional Development is of the opinion that a draft plan does not conform, a statement of non-conformity will be issued that will specify how the draft plan is not in general conformity with the regional development strategy. A statement of non-conformity will be treated as an objection to the draft plan. It is not in anyone's interest that that should happen, and officials will work closely with the Department of the Environment as plans are prepared to avoid such an event. The second stage is the issue of a report by the Planning Appeals Commission after a public inquiry into the draft plan. The issue of conformity will be considered at the public inquiry. The subsequent Planning Appeals Commission report will deal with any objections that may alter the relationship between the plan and the regional development strategy. The third stage will come when a draft adoption statement is prepared by the Department of the Environment. In preparing that draft statement, the Department of the Environment must take account of the Planning Appeals Commission's report, which will include recommendations made in the light of all submissions at the inquiry, including those on the conformity of plans with the regional development strategy. At that stage, the Department for Regional Development will be required to issue a second statement on the conformity of the plan, and the Department of the Environment will have to regard that second statement before it adopts the plan. The fourth stage in the process will be the published Department of the Environment adoption statement. The adoption statement will refer to the contents of the second statement on conformity, and it will confirm that the Department of the Environment has taken it into account before adopting the plan. I have outlined the crucial double-locking nature of the statement-of-conformity procedure. The procedure meets the concerns of the Committee for Regional Development, and I am satisfied that the regional development strategy has teeth. 12.00 Clause 3 makes provision for transitional arrangements for three development plans - the Cookstown area plan 2010, the Craigavon area plan 2010 and the Dungannon and South Tyrone area plan 2010. The provision addresses difficulties that arise because the preparation of those plans commenced several years before the regional development strategy was formulated. In accordance with normal planning practice, it was not desirable to freeze the preparation of those plans until the strategy was in place. Therefore, the Bill provides for an exemption for the three plans from the proposed requirement that development plans must be in general conformity with the regional development strategy. Under clause 3(3)(a), the plans will be exempted from the requirement that any policy prepared under article 3(1A) of the Planning (Northern Ireland) Order 1991 should be in general conformity with the strategy. Also under clause 3(3)(b), the Department of the Environment will be exempted from the requirement under article 5 of the Strategic Planning (Northern Ireland) Order 1999 to have regard to the regional development strategy in respect of those plans. In simple terms, the three plans, as adopted, will not be required to undergo the "in general conformity with", or the "have regard to", test in respect of the regional development strategy. Also in respect of the three plans, the Department of the Environment will not be required to pass either test in respect of policy formulation. However, any subsequent change to the plans will mean that they are caught by the test. The provisions under clauses 1 to 3 of the Bill are the only means for dealing with issues that have emerged regarding the relationship between the regional development strategy and development plans. The Bill will have no additional cost implications for Departments, other bodies or individuals. It is likely that any work arising from these provisions can be handled using existing resources. The Bill is - as Members may have judged from my remarks - largely technical, and its provisions have not proved controversial. Earlier this year the Department for Regional Development carried out a full public consultation exercise involving more than 400 organisations, interest groups and individuals. Only 31 responses were received, mainly from district councils, public bodies and Departments. Only one response - from the Planning Appeals Commission - raised a substantive issue. It concerned a point of fairness about the second statement of conformity in the context of the public inquiry procedure. Independent legal experts advised that there was no inherent unfairness in the provisions. I am satisfied that the Bill, as drafted, is clear and will not give rise to difficulties. I appreciate the constructive role that the Committee for Regional Development played in the formulation, pre-introduction consultation and later work on the Bill. I ask the Assembly to support the Bill. The Chairperson of the Committee for Regional Development (Mr A Maginness): I thank the Minister for acknowledging the work of the Committee and for his usual co-operation with it. I thank also the departmental officials who attended Committee meetings to brief members on the purpose and details of the Strategic Planning Bill. The Committee spent much time examining the regional development strategy in detail. Every member recognised the importance of the strategy given that it establishes an important strategic planning framework for Northern Ireland for the next 25 years. Therefore, the Committee was determined to ensure that the strategy was balanced, challenging and, above all, deliverable. Given the expected impact of the regional development strategy on society over the next 25 years, the Committee paid particular and close attention to the pre-introduction consultation on the Strategic Planning Bill. As the Minister said, the Bill is largely technical, and its provisions have not proved to be controversial. Nonetheless, it is a critical and significant piece of legislation that will help to ensure the successful implementation of the regional development strategy. When the Committee first examined the proposals in the Bill, it was apprehensive about the change of words from "to be consistent with" to "in general conformity with". There was concern that Departments might pay only lip service to the overarching authority of the regional development strategy. In the words of the Minister, the Committee was determined that the strategy should "have teeth". However, departmental officials and the Minister have explained the Bill's main provisions. As the Minister said, the Bill will reaffirm the primacy and the authority of the regional development strategy and will contain the requirement for all future planning policies, development plans and development schemes to be in general conformity with the strategy. That has helped to reassure the Committee that the Bill will have teeth and will be an effective tool to ensure the successful implementation of the strategy. The Committee is reassured by the provision in the Bill for a new statement of conformity in the statutory planning process. That is important, and the Minister has explained in detail how the statement of conformity procedure will operate. The procedure should provide the Department for Regional Development with the robust policing role required to assess whether a development plan is in general conformity with the regional development strategy. In conclusion, the Committee looks forward to considering the legislation and examining its clauses in detail. It is committed to conducting a detailed scrutiny and intends to consult widely and take evidence from interested parties. Mr P Robinson: I thank the Chairperson of the Committee for Regional Development for his constructive contribution. I welcome the Committee's support and thank it for its role during this process. The legislation will clarify and formalise the important relationship between the regional development strategy and the development plans. The Committee rightly pointed out the importance of the strategy as an overarching strategic framework within which development plans and policies must operate. I note the general welcome for the change from "consistent with" to "in general conformity with". However, I note the Chairperson's initial reservations on this, and I am persuaded, as are he and his Committee, that the approach will operate satisfactorily and ensure that the authority of the regional development strategy is not diminished. I have been heartened by the expression of a view that was broadly endorsed by councils during the public consultation. Although councils recognise the importance of a regional strategy, many welcome the flexibility offered by the proposed change in the wording. Indeed, many have recognised the need to ensure the primacy of the regional development strategy. On the basis of independent legal advice, I am satisfied that the changed wording will not impugn the authority and the authoritative nature of the strategy. The primacy point is particularly important in relation to the new provisions to introduce statements of conformity before the publication and adoption of a draft plan. I am pleased that that provision was welcomed; it will provide a double-locking mechanism to maintain coherence and conformity with the regional development strategy. Clearly - and I say this in the presence of the Minister of the Environment - it is not in anyone's interest that the Department for Regional Development should be seen to object to a development plan by the Department of the Environment. In my opening remarks, which, I think, were made before the Minister arrived in the Chamber, I stressed the importance of my Department's working closely with Department of the Environment officials to bring forward development plans that conform. My officials will draw up with the Department of the Environment a protocol for preparing development plans and setting the key milestones - not millstones - at which discussions will occur to ensure that they meet the key objectives of the regional development strategy. In short, the statement provision, coupled with the protocol, will go a long way to ensure that development plans are in conformity with the strategy. Some people have raised concerns about the derogations provided for the three development plans. Having spoken to some of the representatives from the councils concerned, I believe that there is a general welcome in those areas for the provisions of the Bill. Concerns had been expressed that the plans would be receiving a "get-out-of-jail" card for the foreseeable future. Of course, nothing could be further from the truth. The derogation applies to only those three plans as adopted. The decision taken on the derogation was a pragmatic one. Each of the plans commenced considerably in advance of the regional development strategy, and it was only fair and reasonable that they could not have been expected to anticipate the final content of the strategy. Commitments and planning permissions that had been given during the course of their preparation meant that in some respects, most notably in relation to housing capacities, they were not aligned with the regional development strategy. I must emphasise again that in many respects those plans reflect the key themes and objectives of the regional development strategy. They each contain a sustainable framework that sets an important policy context, against which local development proposals will be assessed. As I have already said, the derogation given is in respect only of the three plans as adopted. Any alteration or replacement to a plan will switch the lights back on, and the entire plan will have to pass the test of being in general conformity with the regional development strategy. I welcome the supportive comments made by the Chairperson of the Committee for Regional Development. I ask the House to support the Second Stage of the Bill. Question put and agreed to. Resolved: That the Second Stage of the Strategic Planning Bill (NIA 17/01) be agreed. Mr Deputy Speaker: The Bill now stands referred to the Committee for Regional Development. The Minister of Finance and Personnel (Dr Farren): I beg to move That the Second Stage of the Marriage Bill (NIA 18/01) be agreed. The Marriage Bill is intended to simplify, consolidate and, perhaps most importantly, bring a level of equality to the existing procedures in relation to the formalities and preliminaries that must be undertaken in order for a marriage to take place. Members will note from the outset that the Bill does not deal with, nor is it intended to deal with, the concept of marriage - the voluntary union of a man and a woman, to the exclusion of all others. The Bill aims to provide a universal system that applies to all persons who wish to marry, while recognising and supporting the practices and principles that exist for those of different religions. It does so by implementing the vast majority of the recommendations that were submitted to the Government by the respected law reform body, the Law Reform Advisory Committee for Northern Ireland. I thank the advisory committee for its invaluable work, especially the chairman, the Hon Mr Justice Girvan, who devoted much of his own time to the production of the report. 12.15 pm Members may be aware, whether from personal experience or knowledge of the existing system, that current marriage laws are based on a model set up in Victorian times. The premier statute is the Marriages (Ireland) Act 1844. Since then, the law has developed in a piecemeal fashion. There are more than 20 pieces of legislation on the statute book that a reader must refer to in order to gain a full knowledge of the current legal framework. The Bill aims to streamline and consolidate that and provide a much easier reference point for those wishing to know the legal requirements that they must follow before a marriage ceremony can take place. The current law is not applied uniformly. Privileges in relation to the celebration, timing and venue of marriages are granted to certain religious groups, but not to others. The position on venues for religious and civil marriages is unnecessarily complex and unsatisfactory. Rules regarding notice of marriage and preliminary notification requirements are considered to be too complex. Rules relating to the registration of marriages require some streamlining. It is in that context that the Bill comes before the Assembly for consideration. The advisory committee consulted closely and widely with all religious organisations and those in secular society, and it concluded that the existing system required wholesale change. The advisory committee noted that certain matters were operating well, therefore no changes are being made to matters such as the capability of parties to contract to a marriage or to the rules regarding age, kinship and affinity. The Bill gives effect to the advisory committee's recommendations and focuses on the principle of equality. It removes the existing legal differences between religions and is modelled on the Scottish system, which has worked effectively for the past 25 years. The system of marriage preliminaries is restructured, with the removal of archaic concepts, and provides a greater freedom of choice to couples wishing to marry. Removing unnecessary obstacles to marriage and making it more attractive to individuals will perhaps provide a further step in strengthening the commitment to stable family life. The Bill contains several main features. In relation to religious marriages, there is a change of emphasis from the registration of buildings to the registration of the person performing the ceremony, known in the Bill as the "officiant". In other words, the relevant priest, minister, clergyman, pastor, registering officer or other officiant will now be registered under the new legislation. That will allow different religions to submit a list to their registrar general of those members able to celebrate a marriage. Therefore, it will be a matter for those Churches, as opposed to state-imposed requirements, as to where a wedding ceremony can take place. It will provide a greater variety of choice for couples wishing to engage in a religious marriage, but it will not impinge on the right of the Churches to regulate where and when marriages can take place. Similarly, the law in relation to civil marriages is also being reformed. At present, couples can have a civil ceremony only at the local register office, which may not be the most attractive venue for a wedding. The Bill outlines a new statutory scheme in respect of venues for civil marriages. In essence, responsibility will be given to locally elected councils who, under guidance from the Registrar General, will be able to license alternative, and perhaps more attractive, marriage venues. The system of preliminaries is to be made universally applicable. All couples wishing to marry will be required to obtain a marriage schedule that will contain all the relevant details. The requirement to live in the district in which the wedding is to take place can cause an artificial, and potentially annoying, inconvenience for some couples. Such archaic concepts will no longer apply. The current system, which is based around banns, licences and certificates, will be replaced by one system that applies equally to all, irrespective of religion or belief. Changes to religious and civil marriages will appeal to more couples and may well persuade many people, particularly those who no longer live in Northern Ireland or who perhaps have historical connections to it, to come here to marry at a location of their choice. That, in turn, could result in a welcome boost for the tourist industry, as has been the experience in Scotland. The Bill consolidates other issues and provides for general supplementary matters such as searches and registration districts. It also takes account of ancillary criminal offences. A two-tier consultation process preceded the advisory committee's report. The range of opinions received showed that there was widespread support for the reforms contained in the Bill. In addition, my officials carried out a follow-up consultation exercise last year that concentrated on the equality impact of the changes and allowed people a final opportunity to comment on the policy. Again, support for the advisory committee's recommendations was almost universal. The Bill will not come into effect immediately: it is the first stage of a process that will ultimately set up a new framework for marriage. Once the Regulations supplementing the Bill are in place, I shall take the steps necessary to bring the legislation into force. I expect that the scheme will be up and running at some time in 2003. That is the general thrust of the Bill. It is probably human nature; but when speaking about marriage law, initial thoughts turn to issues such as the solemnity of marriage and related matters. I remind Members that the changes contained in the Bill will be made in the context of several key principles. The validity and solemnity of religious marriage is not in question. Interference with the existing freedoms of individual religions will be minimal. There will be equality of treatment for all religions and between people who wish to have a civil or religious marriage. Finally, the Bill contains the aims of simplicity, transparency, ease of application and cost-effectiveness. This is an important area of law reform with a significant social impact. Marriage is not an institution to be entered into lightly, nor should the marriage ceremony be treated with anything other than solemnity and dignity. However, as we move forward into the twenty-first century, some of the aims and objectives of the existing system must be addressed, as must the level of state interference in the preliminaries to marriage. The Bill will help to make the institution of marriage an attractive prospect for all people. In addition, it will promote Northern Ireland as a venue in which couples can get married, which can only be beneficial to our economy in the longer term, while recognising and upholding the basic tenets of marriage. Accordingly, I am happy to commend the Bill to the Assembly. The Chairperson of the Committee for Finance and Personnel (Mr Molloy): Go raibh maith agat, a LeasCheann Comhairle. Given that marriage is a holy and permanent commitment, the Bill will be relevant for some time, but Members should note that the Minister intends to introduce a divorce Bill, which brings into doubt the permanence of marriage. However, the Marriage Bill provides for the different situations of people. The Committee for Finance and Personnel found that the willingness of the Minister and the Office of Law Reform to facilitate its pre-introductory scrutiny of the Bill was important. It sets a precedent, which shows that Committees can become involved in discussions before Bills are introduced, and it gives Committees the opportunity to influence Bills and to deal with small issues at the outset. I welcome that development, and it is to be hoped that all Ministers will adopt that practice. The Office of Law Reform is conducting an ongoing review of civil law, because developments in civil law here lag behind those in England, Scotland and Wales. The Marriage Bill has its foundation in the recommendations of the Law Reform Advisory Committee. In its report 'Marriage Law', the committee noted that it was especially impressed by the arrangements that have operated effectively in Scotland since the Marriage (Scotland) Act 1977. As the Minister stated, the Marriage Bill is similar to that Act, and it incorporates many recent developments in Scotland, which are based on English law, that abolish rules relating to venues for religious and civil marriage. The Committee wanted to ensure that consultation on the Bill's proposals would be extensive, and departmental officials have assured members that it will be. The Committee recognises that responses to the consultation exercise have indicated widespread support for the modification of, and the proposed changes in, the law. Marriage law must be reformed to establish consistent good practice across the procedural and legal requirements for the formalities of the marriage ceremony, whether in church or in a special venue chosen by the couple. The Bill does not address same-sex marriages, and it contains little that could be considered controversial. The Bill acknowledged the principle of equality and will be welcomed by many, young and old, who do not attend church but would prefer something other than a short ceremony in a registry office. The Bill offers people a choice of venues. It is to be hoped that local councils will use imagination to make ceremonies more appropriate and welcoming to couples and their families. The Committee hopes that the improved provisions will cover a broad band and bring joy to many couples on the happiest day of their lives. The Committee will consider the Bill in detail and scrutinise its provisions carefully. Ms Lewsley: Members must acknowledge the needs and wishes of people who choose to marry. Many people do not wish to take the traditional approach. Marriage is a life-changing decision, and values and beliefs have changed considerably since previous marriage law was introduced. People must have a choice; therefore, I welcome the Second Stage of the Marriage Bill. I commend the Minister for bringing Northern Ireland's marriage laws into the twenty-first century. The Minister said that current marriage law dates back to the Marriage (Ireland) Act 1844. Although it has served us well in the past, its time is surely up. Will the Minister tell the House why this is a suitable time to amend the legislation? 12.30 pm I also welcome the fact that the Bill streamlines marriage procedures and removes much of the complexity associated with planning a wedding, especially in regard to venues and officiants, while offering greater equality. The current trend is for people to celebrate their union in less formal settings, and we should facilitate that. The Minister has already mentioned the boost to the tourist industry in Scotland, and I am sure that in future we will get many requests for new venues at which weddings can be performed. For example, people could choose our own tourist destinations, such as the Giant's Causeway or the Carrick-a-Rede rope bridge, or perhaps even scuba diving in Lough Neagh. Who knows? Many people who take their vows take marriage seriously, and their celebrations would be improved if they had the opportunity to choose a different venue. I support the motion. |