Friday 27 April 2001
Written Answers to Questions (Continued)
Speech Therapy: Mitchell House/Fleming Fulton Special Schools
Mr Shannon asked the Minister
of Education to confirm if speech therapy is provided, on a full time
basis, at the Mitchell House and Fleming Fulton Special Schools under
Part II of the Education (NI) Order 1996.
(AQW 2639/00)
Mr M McGuinness: The provision of speech therapy is a matter
for the Minister for Health, Social Services and Public Safety.
Public Access to Information
Ms Lewsley asked the Minister
of Education to detail the steps (a) already taken and (b) to be taken,
this year to make arrangements for ensuring, and assessing, public access
to information and to services provided by the authority as required
by Schedule 9 of the Northern Ireland Act 1998.
(AQW 2659/00)
Mr M McGuinness: Section 8 of the Department’s Equality Scheme
sets out the commitment to the provision of information through effective
communication within the public.
In addition my Department has given a further commitment to reassess
its arrangements for providing information other than in standard form.
This will be done during the first year following approval of the Scheme.
My Department will publicise widely the new revised arrangements.
Anti-bullying Policy: Legislation
Mr K Robinson asked the Minister
of Education to outline his plans to introduce legislation to address
the problem of bullying in schools.
(AQO 1273/00)
Mr M McGuinness: Every school is required to have a written
discipline policy which must promote selfdiscipline among pupils, good
behaviour and respect for others. Bullying behaviour, as unacceptable
behaviour, should be addressed by schools at the very least as part
of their existing discipline policies. Many schools on a voluntary basis
have developed a separate anti-bullying policy. I intend to strengthen
this position by taking the next legislative opportunity to make it
a mandatory requirement upon every school to have an anti-bullying policy
in place and to implement it.
North/South Pupil Attendance/Retention Joint Working Group
Ms Gildernew asked the Minister
of Education to report on the work carried out by the North/ South Pupil
Attendance/Retention Joint Working Group and indicate how it might impact
on his Department’s New Targeting Social Need Target DE5.
(AQO 1285/00)
Mr M McGuinness: I am unable to provide specific details of
the work completed so far by the North/South Pupil Attendance/Retention
Joint Working Group as I am bound by the procedures of the Assembly
and of the Ministerial Code which require me first to report back progress
to the Executive and then by way of a Statement to this Assembly after
the next sectoral meeting takes place.
I would stress that I want to hold an education sectoral meeting as
soon as possible to enable the Working Groups to report back formally
to the sectoral Council and so that decisions can be taken to avoid
any further delay in progressing the very important issues which they
have been considering.
Until the Working Group reports, it is not possible to indicate the
extent to which its recommendations may contribute to the New Targeting
Social Need Target D5.
Equality Impact Assessments
Mr J Wilsonasked the Minister
of Education to confirm that there is an established method of carrying
out equality impact assessments within his Department and that staff
have received guidance and training on this subject.
(AQO 1271/00)
Mr M McGuinness: The procedure for conducting Equality Impact
Assessments is set out in the Equality Commissions Guide to the Statutory
Duties.
My Department, in its Equality Scheme, has stated that it will conduct
its Equality Impact Assessments in accordance with this guidance and
any further guidance that may be developed by the Equality Commission.
All staff within my Department have received a copy of the Equality
Scheme. Middle and senior managers within the Department have also received
initial equality training. Officials are currently drawing up a detailed
training plan which will include more focused training for those involved
in the Equality Impact Assessment of policies.
Local Management of Schools:
Consultation Period
Mr Kennedy asked the Minister
of Education to explain the cause of the delay in proceeding with the
consultation process on a Common Local Management of Schools (LMS) funding
formula and if he will extend the consultation period to ensure adequate
time for responses to be made.
(AQO 1272/00)
Mr M McGuinness: I do not consider that there was any undue
delay in publishing the LMS consultation document. Sufficient time was
needed to allow for prior consultation with the Assembly Education Committee
in January and I am grateful for the suggestions made by members, many
of which were incorporated into the final document.
The Consultation Document was published on 5 April 2001 and, as requested
by the Education Committee, consultation will last for 3 months until
29 June. This deadline is dictated by the school summer break and the
need to take final decisions in the Autumn to ensure that the necessary
operational arrangements can be put in place for implementation by April
2002.
North/South Educational
Underachievement Working Group
Mr McElduff asked the Minister
of Education, in the light of the publication of the Department of Education’s
New Targeting Social Need Action Plan, to detail how the work of the
North/South Educational Underachievement Working Group will be used
to assist in implementing the Action Plan.
(AQO 1307/00)
Mr M McGuinness: Until the Working Group reports formally back
to the sectoral meeting of the North/South Ministerial Council, it is
not possible to indicate the extent to which its recommendations may
contribute to the New Targeting Social Need Target Action Plan.
The last education sectoral meeting of the North/South Ministerial
Council took place on 3 July 2000. At that time none of the Working
Groups, including the Special Education Working Group, had reported
back to the Council. I reported this position when I made my Statement
to the Assembly on 11 September 2000. A further education sectoral meeting
of the Council was planned for late November last but this did not take
place and thus no formal reports of the Working Group have yet been
made.
I would stress that I want to hold an education sectoral meeting as
soon as possible to enable the Working Groups to report back and so
that decisions can be taken to avoid any further delay in progressing
the very important issues which they have been considering.
North/South Educational
Underachievement Group
Mr McNameeasked the Minister
of Education to report on the progress made in implementing the recommendations
made by the North/South Educational Underachievement Group.
(AQO 1282/00)
Mr M McGuinness: The last education sectoral meeting of the
North/South Ministerial Council took place on 3 July 2000. At that time
none of the Working Groups, including the Educational Underachievement
Working Group, had reported back to the Council. I reported this position
when I made my Statement to the Assembly on 11 September 2000. A further
education sectoral meeting of the Council was planned for late November
last but this did not take place and thus no formal reports of the Working
Group have yet been made. Therefore, no progress has been possible in
this important area.
I would stress that I want to hold an education sectoral meeting of
the Council as soon as possible to enable the Working Groups to report
back formally and so that decisions can be taken to avoid any further
delay in progressing the very important issues which they have been
considering.
Funding for Primary Schools
Mr Poots asked the Minister
of Education if he intends to raise the funding for primary schools
given the increase in the curricular programme in that sector.
(AQO 1300/00)
Mr M McGuinness: There has been no increase to the curriculum
requirements in the primary sector. Since its introduction in 1992,
the statutory curriculum for the primary sector has been reviewed and
reduced and there is the possibility of further reduction in the level
of prescription as a result of the Curriculum Review.
The Consultation Document on the LMS Common Formula, which I launched
earlier this month, discussed the balance of funding between the nursery,
primary and post-primary school phases and contains proposals to give
primary schools a fairer share of available resources.
Funding for Education
Mrs I Robinson asked the Minister
of Education to confirm the amount allocated by the Chancellor of the
Exchequer to education in Northern Ireland in each of the last four
financial years.
(AQO 1270/00)
Mr M McGuinness: The Chancellor of the Exchequer does not make
allocations to education in Northern Ireland. The Northern Ireland share
of increases on comparable GB or English programmes is not hypothecated
and it is a matter for the Northern Ireland administration to decide
on the allocation to particular Northern Ireland services. For details
of such allocations to education following announcements by the Chancellor
of the Exchequer I refer the Member to my answer of 2 April (AQW 2383/2000).
North/South Special Education
Working Group
Mr J Kelly asked the Minister
of Education if the North/South Special Education Co-ordination Group
has discussed mutual accreditation of personnel for the purpose of assessing
Special Educational Needs and to make a statement.
(AQO 1284/00)
Mr M McGuinness: The mutual accreditation of personnel for the
purpose of assessing Special Educational Needs is not included within
the work programme of the North South Ministerial Council Special Education
Working Group.
The requirements for appointment as an educational
psychologist in Northern Ireland are as follows:- an honours degree
in Psychology; a recognised teaching qualification; at least two years
qualified teaching experience; and an approved postgraduate training
qualification in Educational Psychology. The postgraduate training qualification
must be obtained on a course validated by the British Psychological
Society (BPS). Only one postgraduate training course exists in the South,
and so far this course has not obtained BPS accreditation; holders of
that qualification would not therefore be eligible to practise here.
I understand, however, that many educational psychologists in the Republic
do hold a BPS validated qualification and, provided that they met the
other requirements, they would be eligible for employment locally. Educational
Psychologists trained at Queen’s University are qualified for appointment
in the South.
Medical Needs of Pupils in Schools
Mr McCarthy asked
the Minister of Education if he has any plans to introduce guidance
for teachers on indemnity when dealing with children’s health, similar
to that provided in the rest of the United Kingdom.
(AQO 1264/00)
Mr M McGuinness: During 2001/02 my Department
intends to review the administrative arrangements relating to the medical
needs of pupils in schools. This review will involve consideration of
the issue of appropriate guidance to employing authorities and schools,
similar to that produced by the Department for Education and Employment
for use in England and Wales.
Special Educational Needs:
Statementing Process
Mrs E Bell asked the Minister
of Education to give his assessment on the effectiveness of the current
statementing process for children with special educational needs.
(AQO 1256/00)
Mr M McGuinness: The current system of assessment
and statementing of children’s special educational needs was first introduced
in 1986 and was slightly modified in 1996 and 1998 with the introduction
of new special education legislation and the Code of Practice on the
Identification and Assessment of Special Educational Needs. Based on
the relatively low number of appeals to the Special Educational Needs
Tribunal, I have no reason to believe that there are any problems with
the statementing process.
However, although consultation exercises on the new
legislation and Code were carried out at the time of their introduction,
the views of parents on the assessment and statementing process have
never been sought and I intend to rectify this. My Department will be
commissioning a research project in the near future which will seek
parents’ views on the effectiveness of the process.
Enterprise, Trade and Investment
Foot-and-Mouth Disease:
Financial Assistance to Tourist Industry
Mr Shannon asked the Minister
of Enterprise, Trade and Investment if he intends to provide financial
assistance to those in the tourist industry most affected by the outbreak
of foot-and-mouth disease similar to that introduced in Great Britain
and the Republic of Ireland.
(AQW 2484/00)
The Minister of Enterprise, Trade and Investment (Sir Reg Empey):
The impact of Foot and Mouth Disease (FMD) on the tourism sector
is widely acknowledged. Economic consequences are factored into risk
analyses constantly reviewed by the Executive Group chaired by Bríd
Rodgers. I understand that OFMDFM are researching the position on proposed
financial compensation for victims of the FMD outbreak in Great Britain
and the Republic of Ireland. My Department will be co-operating fully
in this research along with other Departments, with a view to contributing
to further advice to the Executive Committee on this important issue.
North/South Ministerial Council:
Tourism Working Group
Dr O’Hagan asked the Minister
of Enterprise, Trade and Investment to detail what progress has been
made by the Tourism Working Group set up under the North/South Ministerial
Council.
(AQW 2510/00)
Sir Reg Empey: The new tourism company has been registered as
"Tourism Ireland Ltd". Its Board has been appointed by the
North/South Ministerial Council and has met on three occasions to take
forward the setting up of the company including the arrangements for
offices in Dublin and Coleraine, staffing needs, the recruitment of
a Chief Executive and future marketing initiatives.
InterTradeIreland: Progress
Dr Dara O’Hagan asked the Minister
of Enterprise, Trade and Investment to detail what progress has been
made by the Implementation body, InterTradeIreland, set up under the
North/South Ministerial Council.
(AQW 2515/00)
Sir Reg Empey: As I reported to the Assembly on 26 February
2001 in my Statement and subsequent debate, InterTradeIreland is up
and running with its headquarters in Newry. It has undertaken already
a number of activities to promote cross-border trade and business development
throughout the island of Ireland. Examples include a major e-commerce
event ‘Building Your E-Business’ held in June 2000 which has led to
a number of projects being hosted and four roadshow events held in November
2000 attracting over 1500 business people.
Environment
Adverse Development of Small Villages
Mrs Carson asked the Minister
of the Environment whether he will introduce guidelines for planning
applications in order to reduce adverse development of small villages.
(AQW 2463/00)
The Minister of the Environment (Mr Foster): I have no plans
to introduce such guidelines.
Supplementary guidance on the location of new development is provided
by the relevant Area Plan. For small villages, Area Plans indicate a
limit of development and local planning policies. Development limits
for small villages in new plans will take account of the guidance provided
by the emerging Regional Development Strategy.
In assessing development proposals Planning Service also takes account
of operational planning policies for specific land uses as set out in
Planning Policy Statements and ‘The Planning Strategy for Rural Northern
Ireland’. Supplementary planning guidance provided by various Development
Control Advice Notes, (DCANs) for specific land uses is also a relevant
material consideration.
Planning Permission: Licensed Premises
Mrs Carson asked the Minister
of the Environment to detail (a) the guidelines used when planning permission
is sought for making alterations to licensed premises (b) what form
of environmental impact assessment is carried out on the licensed premises
(c) what guidance he takes from an approved Area Plan when granting
planning permission for alterations to licensed premises; and whether
the Planning Office take into account representation by the Local Council
when processing a planning application.
(AQW 2464/00)
Mr Foster: Development Control Advice Note No 7 – Public Houses
provides guidance on the planning criteria applied when applications
for this type of development are being considered. A copy of this document
is attached.
The Environmental Assessment Regulations are designed to indicate the
impact of major developments. Alterations to Licensed Premises do not
normally fall within the scope of these regulations. Planning Service
assesses the effect of proposals on local amenity through the planning
application process. Consultation is undertaken with relevant public
bodies as required. In particular, such applications are usually referred
to the Environmental Health Department of the District Council for advice
and comments.
Area Plans do not specifically address detailed operational matters
such as alterations to Licensed Premises which are more appropriately
dealt with through the issue of specific planning guidance.
The Planning Service takes account of all representations made in relation
to planning applications. Its procedures allow Councils to request deferral
of consideration for site or office meetings in order to allow further
representations on applications to be made. All matters raised are given
very careful consideration before the Council is reconsulted. Further
consultation with statutory consultees on specific matters raised is
undertaken where necessary.
Development Control Advice Note 7
Public Houses
The purpose of this Advice Note is to give general guidance to intending
developers, their professional advisors and agents. It is designed to
provide advice on the planning criteria to be applied when an application
for this form of development is being considered. It should be stressed
that the note is not a specific statement of Departmental policy but
rather one of advice and guidance. Each application or appeal is treated
on its merits and the application of the guidance given to a particular
case is always a matter calling for judgement. Any legal views stated
in this note have no statutory force and should not be relied upon as
an authoritative interpretation of the law. A list of other current
notes in this series can be obtained from Divisional Planning Offices
or from Planning Service Headquarters
1. |
A public house is defined as premises in which the only or principal
business carried on is the business of selling intoxicating liquor
by retail for consumption either in or off the premises’, (Section
3(1)(a) Licensing Act (Northern Ireland) 1971). Such a premises
is not within any particular Use Class and requires planning permission
whether it is a proposed new building or a change of use from
another form of development. |
2. |
Legislation governing the sale of intoxicating liquor in public
houses is quite separate from planning legislation. The Licensing
Act (Northern Ireland) 1971, makes no requirement for a proposed
public house to have planning permission before a licence is granted.
However, in practice, the courts insist that there is a planning
permission for such an establishment before they will consider
granting a licence. |
3. |
The hours of opening specified in the Act are 11.30 am to 11.00
pm with 30 minutes ‘drinking-up’ time in the evening, with the
exception of Good Friday, Christmas Day and Sundays. In addition,
a court may grant extension licences for functions held on the
premises by charitable bodies or recognised groups, or for functions
- not exceeding six in any year organised by the owner. |
4. |
Under Section 28(2)(d)(ii) of the 1971 Licensing Act, the provision
of passive entertainment is considered an ancillary use in a public
house. Where, however, it is proposed to have live entertainment
or a disco in a public house, the premises must be licensed as
a place used for public entertainment under Section 31 of the
Local Government Act (Northern Ireland) 1934. The Licensing Authority
- the District Council - will then consider the suitability of
the premises for the proposed use having regard to possible fire
hazards, floor strength, ingress and egress and also possible
disturbance to neighbouring properties. |
5. |
In addition, under the Pollution Control and Local Government
(Northern Ireland) Order 1978, the District Council has the power
to control the occurrence of excess noise. |
6. |
Some public houses contain slot machines, video games and pool
or snooker tables. Such entertainments will not require a separate
planning application provided it can be clearly established that
they are ancillary to the main function of the premises. |
7. |
Public houses are also subject to legislation governing the sale
of food and drink, including the Food and Drugs Act (Northern
Ireland) 1958, the Food Hygiene Regulations 1964 and the Control
of Food Premises Order 1979. The legislation is mainly concerned
with ventilation and the sanitary conditions within an establishment,
such as washing facilities for staff, and the cleanliness of food
and equipment. Such matters are the concern of the Environmental
Health Department of the relevant District Council. |
8. |
In recent years there has been a trend towards more diversified
trade within a public house. Sometimes a small restaurant may
be incorporated. As with entertainments such developments will
not require separate planning permission provided they are ancillary
to the main function of the premises. |
9. |
The effects of noise and disturbance and traffic safety are the
main planning considerations in relation to public houses. There
may be a number of suitable locations provided that problems of
noise can be minimised and other amenity and traffic considerations
are met. For example, a suitable location for a public house may
be on the edge of a residential estate, in an area of mixed land
uses or within a neighbourhood shopping centre. A public house
may also be suitable in a town centre area or, indeed, in a rural
area, although regarding the latter location, the proposal would,
of course, be subject to the Department’s policy for the control
of development in rural areas. However, a public house will not
generally be acceptable within a wholly residential area. This
is because of loss of amenity, including the problems of noise
and disturbance which may arise, and also the possible traffic
hazards associated with heavy lorries delivering supplies, and
customers arriving and leaving by car in the latter part of the
evening. |
10. |
The Department’s car parking standard for a public house is one
car space per 2 square metres of net bar floor area, i.e., non-operational
parking to cater for customers, plus one car space per 3 members
of staff, i.e., operational parking. Where a dance floor area
is part of the premises a standard of one car space per 4 square
metres may be applied to this area. Standards depend upon the
location of the proposed public house. Within the centre of a
large town only operational parking will be required. In the centre
of smaller towns and the fringes of the larger town centres a
certain proportion of non-operational car parking facilities will
also be required dependent upon the availability of off-street
public car parking areas and of acceptable local on-street parking.
In other areas the full standard of operational and non-operational
parking will normally be required. However, a relaxation of the
non-operational standard may be permissible where it is apparent
that most of the patrons are likely to be within walking distance
of the premises. |
11. |
It should be noted that since heavy lorries are likely to be
delivering supplies to a public house, rear servicing of the establishment
is preferable to on-street delivery. |
12. |
Public houses can be a source of annoyance to the occupants of
neighbouring properties due to problems of noise and disturbance
and this is a valid planning consideration in terms of loss of
amenity. However, it is possible to reduce the likelihood of excess
noise emanating from a public house by the use of such measures
as sound proofing and self-closing doors on entrance and exits.
Where the proposed public house involves a change of use of an
existing building, modifications to meet acceptable noise levels
may not be possible, or if possible, may not be economic. In such
circumstances the applicant may be asked to indicate what feasible
measures he proposes to take to reduce noise and the Department
will consider these measures in consultation with the Environmental
Health Department of the local District Council. |
13. |
Noise from live entertainment and discos in public houses can
also be a source of annoyance to neighbours. As stated earlier,
the control of such forms of entertainment is the responsibility
of the Public Entertainment Licensing Department of the relevant
District Council. However, noise from such a source is also a
valid planning consideration when determining whether or not to
grant permission. The Department will be particularly concerned
about such noise where the proposed public house would be in the
vicinity of residential property. |
14. |
Any possible loss of amenity due to external noise is also a
valid planning consideration, and the problems of noise and disturbance
likely to be caused by customers, and the arrival and departure
of delivery lorries are more difficult to resolve. For this reason
a public house will only in exceptional circumstances be allowed
to locate in an area which is ‘noise sensitive’, for example,
opposite or adjacent to residential property. |
15. |
A proposed extension to a public house requires planning permission
regardless of the size of that extension. When considering such
extensions account will be taken of the likely effects of the
intensification of the existing use on the surrounding area. In
particular, the suitability of any existing access and parking
facilities will be carefully considered as well as any loss of
amenity due to an increase in noise and disturbance. |
North/South Ministerial Council: Environment Sectoral Group
Mr McLaughlinasked the Minister
of the Environment to detail what progress has been made by the Environment
Working Group set up under the North/ South Ministerial Council.
(AQW 2517/00)
Mr Foster: The Environment sectoral group of the Council has
met on three occasions, the most recent being at Belle Isle in County
Fermanagh on 23 February.
These meetings have been developing and implementing a work programme
to address the seven environmental areas for enhanced co-operation mandated
by the inaugural plenary meeting of the Council on 13 December 2000.
I am required by the Northern Ireland Act 1998 to make a statement
to the Assembly following each meeting. I last reported on the work
of the Environment sectoral group on 12 March 2001. The Assembly Official
Report for that date contains a transcript of my statement. This remains
the most up to date report of progress in taking forward the North/South
Ministerial Council work programme of environmental co-operation.
Telecommunications Mast: Corgary, Newry
Mr Bradley asked the Minister
of the Environment, pursuant to a determination of the Planning Service
issued on 21 February 2001 (P/2001/0056), to explain why a telecommunications
mast is being constructed at Corgary, Newry.
(AQW 2546/00)
Mr Foster: This is a very complex case. The background to it
is that the developers have implemented a prior approval issued by the
Planning Service on 12 June 2000 for a telecommunications mast. A further
application for prior approval for additional antennae on this mast
was granted on 30 October 2000.
However, when development first started on this site in December 2000,
it was brought to the attention of the Planning Service that both applications
had been advertised with the wrong address. The approvals which issued
also included the wrong address. In order to rectify the situation,
the developers were asked to stop work on the site and to submit a fresh
prior approval application.
All work on site ceased, and a fresh application was received on 11
January 2001, although the developers’ stated position was that they
considered the previous approvals to be valid. The fresh application
was advertised with the correct address. There was significant opposition
to this proposal. It was refused on 21 February 2001 on the grounds
that "the proposal is detrimental to the visual amenity of the
area, as the proposed site is prominent, open and exposed, and lacks
any features which would allow this development to be satisfactorily
integrated into the local landscape".
However, the developers recommenced work on the site on 26 March 2001,
and a mast has now been erected. The developers’ position is, as previously
stated, that they have implemented the 12 June 2000 approval.
Legal advice was sought on this matter. The advice received is that
the Department has no grounds for challenging the 12 June 2000 approval.
However, I have asked officials to consider if other options might be
available in this case, and to report back to me as a matter of urgency.
I will consider what action may be taken when this further advice is
received.
I have also asked for a comprehensive report on all aspects of this
case to ensure that lessons are learned from it, and that weaknesses
in procedures are identified and corrected.
Mutual Recognition of Driving Penalties: NI/GB
Mr McGrady asked the Minister
of the Environment to detail his timetable to introduce legislation
for mutual recognition in respect of driving penalties incurred by Northern
Ireland licence holders in Great Britain.
(AQW 2554/00)
Mr Foster: I am not in a position to provide a definitive timetable
for the introduction of legislation for mutual recognition in respect
of penalties for driving offences incurred in Great Britain by holders
of a Northern Ireland driver’s licence.
My Department is currently undertaking public consultation, in conjunction
with the Department of the Environment, Transport and the Regions in
London, on proposals for mutual recognition of these penalties between
Northern Ireland and Great Britain and the closing date for receipt
of comments is 4 May 2001.
Following this, and depending on progress on preparation of equivalent
parallel legislation in Great Britain, I would expect to be able to
publish legislative proposals for introduction to the Assembly by 31 March
2002.
Road Safety: Speed Cameras
Mr Fee asked the Minister of
the Environment to give his assessment of the contribution speed cameras
have made to road safety.
(AQW 2564/00)
Mr Foster: Speed cameras have proven to be an extremely effective
tool for reducing road casualties in high risk areas.
Excessive or inappropriate speed remains a major cause of road collisions
and was the principal factor in more than 40 deaths and approximately
350 serious injuries on Northern Ireland’s roads last year.
The RUC introduced mobile speed cameras in 1997. Their presence on
certain roads, together with associated road signs, and the application
of penalty points for speeding offences have had a positive effect on
reducing traffic speeds. I have no doubt that use of speed cameras will
play an increasingly important part in reducing road casualties.
I have also noted the very positive early results from the pilot scheme
which began in Great Britain last year. This allows the installation
and operation of speed cameras and associated activities to be funded
from speeding fines. My officials will liaise with the RUC and other
departments on the application in Northern Ireland of the lessons
learned in this pilot scheme.
Coastal Erosion: Newcastle Beach
Mr Wells asked the Minister
of the Environment to detail the steps he is taking to prevent further
erosion of Newcastle beach.
(AQW 2577/00)
Mr Foster: I have no powers to prevent the erosion of Newcastle
beach.
Coastal erosion in general can impact on the responsibilities of several
Departments, in addition to my own, including the Department of Agriculture
and Rural Development and the Department for Regional Development. It
can also affect the interests of District Councils, in terms of protecting
their promenades, marinas and other amenities.
I understand that studies commissioned by Down District Council have
indicated that much of the erosion of sand from the beach at Newcastle
has been caused by the progressive rock armouring of the seafront. Although
these measures provide flood protection to the promenade and the Newcastle
Centre, they are thought to have contributed to the problems of sand
erosion.
I further understand that the Council is proposing to construct groynes
at the beach in an effort to redress the problem of sand erosion. These
structures are likely to require consents from my Department and may
also require planning permission. Although I fully understand why such
measures may be proposed, my Department will want to be satisfied that
their construction will not have any adverse effects on sand movement
elsewhere within the wider Dundrum Bay area.
Reform of Local Government Finance
Mr Gibson asked the Minister
of the Environment to outline his policy on the reform of local government
finance.
(AQW 2626/00)
Mr Foster: My Department is currently reviewing the formula
for distribution of the resources element of General Exchequer Grant,
payable to district councils, to take account of relative socio-economic
disadvantage. An equality impact assessment of a proposed new formula
is nearing completion and a consultation paper should issue next month.
The Department is also reviewing arrangements for the payment of allowances,
pensions and gratuities to councillors. A comprehensive reform of local
government finance would have to be associated with the wider review
of public administration.
Protection of Areas of Outstanding
Natural Beauty
Mr Gibson asked the Minister
of the Environment to detail his plans to give greater protection to
areas of outstanding natural beauty.
(AQW 2653/00)
Mr Foster: My Department has powers under the Nature Conservation
and Amenity Lands (NI) Order 1985 to designate Areas of Outstanding
Natural Beauty (AONBs). AONBs are landscape areas that are recognised
as being of distinctive character and special scenic value. They are
often popular for recreation and tourism. Designation enables my Department
to make proposals for conserving the natural beauty of the area and
for promoting its enjoyment by the public.
Since 1985, 4 such areas have been designated, namely: the Mournes;
the Causeway Coast; the Antrim Coast and Glens, and the Ring of Gullion.
Other areas of countryside in Northern Ireland, some of them previously
designated under earlier legislation that carried no management powers,
would also warrant designation as AONBs under the 1985 legislation.
However, progress on designating these areas has been slow, mainly because
insufficient resources had been allocated to this area of work.
I acknowledge the increasing need to take active steps to manage and
co-ordinate recreation, tourism and conservation matters in the areas
concerned. This is important in ensuring their long-term sustainability.
I have therefore asked my officials to prepare a report on the issues
surrounding the designation of the remaining AONBs. I expect to receive
their report shortly. I will also wish to have the benefit of the views
of the Assembly Environment Committee in considering the way forward.
I should emphasise that I will not be able to give any commitments
on further designations until I am satisfied that sufficient resources
will be available to enable those commitments to be met.
Road Safety
Mr Gibson asked the Minister
of the Environment to detail the steps he has taken to reduce the number
of road accidents in the last three years.
(AQW 2658/00)
Mr Foster: I have held my current responsibilities for road
safety since devolution occurred in December 1999. These responsibilities
include road safety education publicity as well as strategic co-ordination
of the activities of the local road safety agencies. Roads engineering
is the responsibility of the Department for Regional Development, while
enforcement is principally a matter for the RUC.
Since taking up my responsibilities, I have secured additional funding
to allow me to increase the number of Road Safety Education Officers
from 11 to 21. This increase will provide additional support for teachers
in promoting road safety. The additional Road Safety Education Officers
will also allow new initiatives to be introduced, including a pilot
Driver Improvement Scheme (as an alternative to conviction for certain
types of motoring offence), Practical Child Pedestrian Safety Training
at the roadside and monitoring the safe fitting of child safety restraints.
I have also secured a 40% increase in the resources for road safety
publicity. This will allow me to intensify my Department’s campaigns
targeted on the main causes of road fatalities and serious injuries.
I have launched two new campaigns - "Slowdownboys" in January
2000 to address the problem of excessive speeding, particularly by young
male drivers; and the award-winning "Shame" in November 2000
to reinforce the anti-drink driving message. Indications are that these
campaigns are having a beneficial affect on the attitudes of road users.
On 2 May 2001, with the support of the Executive Committee, I published
a consultation document seeking views on a new Road Safety Strategy
for Northern Ireland to 2010. This was prepared in collaboration with
other Departments and the RUC. Consultation will be followed by preparation
of a new Strategic Road Safety Plan for Northern Ireland to 2010 which
will set out the long-term targets for reductions in road casualties
and detail the measures to be taken to achieve them.
Finance and Personnel
European Programmes: Interim Funding
Mr Kennedy asked the Minister
of Finance and Personnel to detail what steps he is taking to sustain
the activities and functions of community groups and rural community
networks until such time as the new European Programmes and Community
Initiatives are fully operational.
(AQW 2462/00)
The Minister of Finance and Personnel (Mr Durkan): I announced
in a statement to the Assembly on 12 February 2001 that the Executive
had agreed that Departments should be authorised to make advance payments
to projects where they judge that there is a very strong likelihood
that the project will be eligible for funding and successful in an application
under the new round of Structural Funds support. An advertisement was
placed in the local newspapers on Friday 16 March 2001 with a closing
date for applications of 12 April 2001. Interim funding will be provided
if the project sponsors undertake to submit a full application for funding
to the appropriate EU Programme once the necessary implementation arrangements
are in place. The Department of Agriculture and Rural Development (DARD)
will also consider applications within the framework of the new round
of the Rural Development Programme. Interim funding can be given where
that Department is satisfied that there is a very strong likelihood
that the project will be successful in an application under the new
Programme.
Housing Benefit:
Rates Collection Agency Charges
Mr Fee asked the Minister of
Finance and Personnel to detail the average length of time taken to
process applications for Housing Benefit to cover charges by the Rates
collection Agency.
(AQW 2472/00)
Mr Durkan: The average length of time taken to process new claims,
not requiring additional information to allow them to be assessed, in
the year 1st April 2000 to date is just under 28 working days (27.86).
The Agency is currently meeting the performance target set for this
aspect of its work.
Civil Servants: Compulsory Retirement Age
Mrs I Robinson asked the Minister
of Finance and Personnel to confirm (a) that civil servants are required
to retire at the age of 60 (b) that job advertisements state that applications
from all suitably qualified people are welcome irrespective of age (c)
if both these positions are compatible and (d) whether the compulsory
retirement age at 60 breaks section 75 of the Northern Ireland Act 1998.
(AQW 2480/00)
Mr Durkan: All civil servants are currently required to retire
at age 60 with the exception of those with preserved rights, namely
those below the Executive Officer grade who were in post on 31 March
1996.
The NICS has established a normal age of retirement and this is stated
in the job specifications which are provided to all applicants. Within
that policy the NICS seeks to avoid age discrimination and therefore
job advertisements state that applications are welcome irrespective
of age.
It is not incompatible for an organisation to set a normal age of retirement
within which applications for job advertisements are welcome irrespective
of age.
Section 75 of the 1998 Act places obligations on Public Authorities,
in carrying out their functions, to have due regard to the need to promote
equality of opportunity across a range of categories of which age is
one. Having a compulsory retirement age is not inconsistent with these
obligations.
Housing Benefit:
Rate Collection Agency Charges
Mr Fee asked the Minister of
Finance and Personnel if he will introduce measures to ensure that an
enforcement action is not initiated on a client by the Rate Collection
Agency while their Housing Benefit application is still being processed.
(AQW 2497/00)
Mr Durkan: The policy of the Rate Collection Agency is not to
take enforcement action when a claim for Housing Benefit has been submitted
until the application has been assessed. It is therefore regrettable
that seven cases out of a total of 15,000 were lodged with the Enforcement
of Judgements Office since 1997 while a claim for Housing Benefit was
being assessed. The Agency has put procedures in place to ensure that
such incidents do not recur.
Women’s Centres: Peace I/II
Mrs I Robinson asked the Minister
of Finance and Personnel to detail (a) the number of women’s centres
that were directly funded by the Peace and Reconciliation Programme
(b) that these centres will continue to be funded and (c) if Peace II
funding will be made available to these groups.
(AQW 2506/00)
Mr Durkan:
(a) Thirteen organisations which identified themselves
as women’s centres were funded under the EU Special Support Programme
for Peace and Reconciliation (PEACE I). In addition 218 other women’s
organisations, not describing themselves as women’s centres, received
funding for 560 projects under PEACE I.
(b) The Executive agreed to introduce interim funding
arrangements with effect from 1 April 2001 which authorises Departments
to make advance payments to projects where they judge that there is
a very strong likelihood that the project will be eligible for funding
and successful in an application under the new round of Structural Funds
support. An advertisement was placed in the local newspapers on 16 March
and any organisation which meets the eligibility criteria may submit
an application.
(c) The implementing bodies of PEACE II, ie Departments,
Intermediary Funding Bodies and Local Strategy Partnerships will make
decisions on funding for projects, including those for women’s centres,
within the selection criteria specified in the Programme complement
and the distinctiveness criteria as set out in the programme document
itself.
North/South Ministerial Council:
Special EU Programmes Body
Mr Maskey asked the Minister
of Finance and Personnel to detail what progress has been made by the
Special European Union Programme Body set up under the North/South Ministerial
Council.
(AQW 2518/00)
Mr Durkan: In accordance with its statutory responsibilities
under the establishing legislation for North/ South Implementation Bodies
the Special EU Programmes Body (SEUPB) has made the following progress:-
PEACE II Programme
The Special EU Programmes Body (SEUPB) has been involved
in the negotiation of the PEACE II Operational Programme together with
the Finance Departments and the European Commission, and has worked
closely with the Finance Departments and the Commission to finalise
the text of the Operational Programme. It has taken the lead in preparing
the draft PEACE II Programme Complement to be submitted to the Programme
Monitoring Committee for approval.
The Body has been holding workshops at sub-regional
level to develop guidelines for the implementation of the Priority 3
of the PEACE II Programme by the new Local Strategy Partnerships.
A tendering process is currently being overseen by
the SEUPB to appoint Intermediary Funding Bodies (IFBs) to distribute
and administer grants for particular activities with set objectives
under the Programme. The responses to the call to tender are currently
being evaluated by the Body and the selection process is scheduled to
be completed in May 2001.
The Programme Monitoring Committee, which is chaired
by the Chief Executive of the SEUPB, met in interim format on 20 December
2000. The first meeting of the formally constituted Monitoring Committee
will take place on 30 April.
The SEUPB will be the Managing Authority for the PEACE
II Programme.
INTERREG III
The SEUPB prepared detailed draft Programme proposals
on 15 November for the INTERREG IIIA Programme. These draft proposals
were approved by NSMC for submission to the European Commission as a
basis for negotiation. The Commission confirmed the admissibility of
the proposed Programme on 1 February. The Commission’s comments on the
Programme proposals are expected soon and the formal negotiation process
will begin shortly thereafter. The SEUPB will be directly involved in
the negotiation of the Programme proposals with the Finance Departments
and the European Commission.
The Body will carry out the functions of both the Paying
Authority and Managing Authority for the INTERREG IIIA Programme.
Other Community Initiatives
The SEUPB has also been working with the relevant Lead
Departments North and South regarding the draft proposals for EQUAL,
LEADER+ and URBAN II Community Initiatives which were approved by NSMC
in November 2000 and submitted to the European Commission as a basis
for negotiation.
PEACE I and INTERREG II
The Body has been proactive in monitoring the progress
of PEACE I and INTERREG II Programmes to ensure that the legal deadline
to achieve full spend ie 31 December 2001 is achieved.
Common Chapter
The Body has reviewed all of the EU Programmes contained
in the respective Community Support Frameworks North and South to identify
areas of North/South activity within the Common Chapter. This exercise
will form the base information for the Common Chapter database which
will allow the Body to monitor and report on the level of increased
co-operation across a wide range of sectors.
Equality Scheme/New Targeting Social Need
In accordance with the requirements of Section 75 of
the Northern Ireland Act 1998, the SEUPB has recently completed the
consultation process and a final draft version of the Body’s Equality
Scheme was approved by NSMC on 9 April for submission to the Equality
Commission for formal approval. The SEUPB has also been developing a
New Targeting Social Need Action Plan which was approved by NSMC at
its meeting on 9 April.
Corporate Matters
The Special EU Programmes Body has established 3 offices
located in Belfast, Omagh and Monaghan.
The Body has produced a Corporate and Business Plan for the period
2000-2003 which was approved by NSMC at the sectoral meeting on EU Programmes
on 15 November 2000. The Body has completed the first set of accounts
for the period December 1999 to December 2000 which were submitted for
joint audit to the respective Comptroller and Auditor General Offices
North and South on 1 April 2001.
Staffing
An initial staffing structure and complement of 25 staff was approved
for the Body by NSMC in June 2000. This staffing structure is currently
under review.
The permanent Chief Executive of the Body, Mr John McKinney, was appointed
on 1 February 2001.
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