(AQW 3151/01)

Mr P Robinson: I have made no such assessments since there are currently no plans to introduce domestic water charges.

However, I understand that the Review of Rating Policy, led by the Department of Finance and Personnel, will consider future funding options for water and sewerage services.

(AQW 3263/01)

Mr P Robinson: My Department’s Roads Service has advised me that its grass cutting contract for Carrickfergus expired at the end of the 2001 summer season and that it invited tenders for the 2002/2003 contract in March 2002.

The criteria for selecting the winning contractor was the lowest tender total received based on a Bill of Quantity priced by tenderers. The conditions of the contract used by Roads Service were the Institution of Civil Engineers Conditions of Contract (Fifth Edition). The contract conditions require £10 million for Public Liability / Employers Liability and Contractors All Risk. The contract was awarded on 10 April 2002.

Subsequently, when carrying out the normal insurance checks it was discovered that the winning contractor did not have Contractors All Risk cover. This type of insurance is mainly to cover against damage to the civil engineering works during construction. After reviewing this matter, Roads Service concluded that this type of insurance was not appropriate for grass cutting operations. The contractor was informed of this decision and he commenced grass cutting on the 29 April 2002, perhaps a week or so later than would otherwise have been the case.

(AQW 3270/01)

Mr P Robinson: The breakdown of expenditure by the Department on external consultancy in each Of the last three years is as follows:

(AQW 3311/01)

Mr P Robinson: My Department’s Roads Service has advised me that its grass cutting contract for Carrickfergus expired at the end of the 2001 summer season and that it invited tenders for the 2002/2003 contract in March 2002.

The criteria for selecting the winning contractor was the lowest tender total received based on a Bill of Quantity priced by tenderers. The conditions of the contract used by Roads Service were the Institution of Civil Engineers Conditions of Contract (Fifth Edition). The contract conditions require £10 million for Public Liability / Employers Liability and Contractors All Risk. The contract was awarded on 10 April 2002.

Subsequently, when carrying out the normal insurance checks it was discovered that the winning contractor did not have Contractors All Risk cover. This type of insurance is mainly to cover against damage to the civil engineering works during construction. After reviewing this matter, Roads Service concluded that this type of insurance was not appropriate for grass cutting operations. The contractor was informed of this decision and he commenced grass cutting on the 29 April 2002, perhaps a week or so later than would otherwise have been the case.

(AQW 3312/01)

Mr P Robinson: My Department’s Roads Service has advised me that its grass cutting contract for Carrickfergus expired at the end of the 2001 summer season and that it invited tenders for the 2002/2003 contract in March 2002.

The criteria for selecting the winning contractor was the lowest tender total received based on a Bill of Quantity priced by tenderers. The conditions of the contract used by Roads Service were the Institution of Civil Engineers Conditions of Contract (Fifth Edition). The contract conditions require £10 million for Public Liability / Employers Liability and Contractors All Risk. The contract was awarded on 10 April 2002.

Subsequently, when carrying out the normal insurance checks it was discovered that the winning contractor did not have Contractors All Risk cover. This type of insurance is mainly to cover against damage to the civil engineering works during construction. After reviewing this matter, Roads Service concluded that this type of insurance was not appropriate for grass cutting operations. The contractor was informed of this decision and he commenced grass cutting on the 29 April 2002, perhaps a week or so later than would otherwise have been the case.

(AQW 3313/01)

Mr P Robinson: Contractors working for my Department’s Roads and Water Services are expected to fully comply with all statutory legislation and it is not considered necessary or advisable to single out any particular piece of legislation in their contracts.

However, the Institution of Civil Engineers (ICE) Conditions of Contract which frequently form part of the contracts used by my Department require that:

"the Contractor shall ascertain and conform in all respects with the provisions of any general or local Act of Parliament and the Regulations and Bye-laws of any local or other statutory authority which may be applicable to the Works and with such rules and regulations of public bodies and companies as aforesaid…"

The ICE Conditions of Contract also require that when consent is given to a contractor to employ subcontractors, such consent shall not:

"relieve the Contractor from any liability or obligation under the contract and he shall be responsible for the acts defaults and neglects of any sub-contractor his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor his agents servants or workmen".

In addition, the contracts used by Water Service for capital construction contracts require the main contractor, and any subcontractors, to dispose of excavated material using a waste carrier registered under the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999.

Water Service carefully monitors the performance of contractors to ensure compliance with all contract specifications including the requirement to dispose of excavated material to approved sites. In the case of capital construction contracts, monitoring includes the assessment of monthly construction waste returns completed by main contractors and, where appropriate, subcontractors. These returns require the quantities of waste produced to be recorded and the disposal locations identified.

(AQW 3314/01)

Mr P Robinson: Contractors working for my Department’s Roads and Water Services are expected to fully comply with all statutory legislation and it is not considered necessary or advisable to single out any particular piece of legislation in their contracts.

However, the Institution of Civil Engineers (ICE) Conditions of Contract which frequently form part of the contracts used by my Department require that:

"the Contractor shall ascertain and conform in all respects with the provisions of any general or local Act of Parliament and the Regulations and Bye-laws of any local or other statutory authority which may be applicable to the Works and with such rules and regulations of public bodies and companies as aforesaid…"

The ICE Conditions of Contract also require that when consent is given to a contractor to employ subcontractors, such consent shall not:

"relieve the Contractor from any liability or obligation under the contract and he shall be responsible for the acts defaults and neglects of any sub-contractor his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor his agents servants or workmen".

In addition, the contracts used by Water Service for capital construction contracts require the main contractor, and any subcontractors, to dispose of excavated material using a waste carrier registered under the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999.

Water Service carefully monitors the performance of contractors to ensure compliance with all contract specifications including the requirement to dispose of excavated material to approved sites. In the case of capital construction contracts, monitoring includes the assessment of monthly construction waste returns completed by main contractors and, where appropriate, subcontractors. These returns require the quantities of waste produced to be recorded and the disposal locations identified.

(AQW 3451/01)

Mr P Robinson: An analysis of revenue support for public transport in Northern Ireland and Great Britain, discounting subsidised travel to school, which supports education and comes from the education budget, shows that funding per capita in Great Britain in 2000/01 was £28.58 compared to £21.09 in Northern Ireland. Information on public transport capital investment in Great Britain is not available in a form which enables a meaningful comparison to be drawn with Northern Ireland, but I consider that it is likely that the overall level of funding for public transport is lower in Northern Ireland than in the rest of the United Kingdom.

(AQW 3452/01)

Mr P Robinson: My Department’s Roads Service is progressing this scheme in 3 stages.

Stage 1 involved the permanent stopping up of Elmwood Park and the two Beechmount Parks. Work on this stage commenced on site in early January 2002 and is now complete.

Stages 2 involves signalising the junction and widening Upper Damolly Lane to provide a left turning lane for traffic exiting on to Rathfriland Road. The design of the works is complete and Roads Service is currently negotiating with the adjacent landowner to acquire the necessary land. The timescale for implementation of the full scheme is dependent on the satisfactory completion of the negotiations with the landowner.

In the interim, the installation of the traffic lights at the existing junction in advance of necessary land acquisition is being considered. However site constraints mean that the available sightlines between the traffic lights are restricted and engineers are currently assessing the implications of this restriction.

To minimise delay once the above matters have been resolved, the traffic lights controller, poles and heads have already been purchased and much of the necessary civil engineering work, including cable ducting has been completed.

Stage 3 involved the introduction of legislation necessary to permit the extension of the 30 mph speed limit zone on the Rathfriland Road. This legislation became effective on 15 May 2002 and new signs to identify the new limits will be erected within the next two weeks.

(AQW 3453/01)

Mr P Robinson: The Member will be aware that my Department’s Roads Service has already held public inquiries into the Environmental Statement and the Direction Order for this scheme from the 13 to 15 November and on the 8 January 2002 respectively.

Road Service are considering the modifications to the scheme recommended in the Inspector’s Reports for both inquiries and a formal statement on the final outcome of the inquiries will be published within the next two months. Following this the next stage will be the publishing of a ‘Notice of Intention to Make a Vesting Order’ to facilitate the acquisition of the land necessary for the scheme. It is anticipated that all the statutory procedures could be complete by early 2003 with construction starting as soon as possible afterwards.

(AQW 3534/01)

Mr P Robinson: Officials from my Department’s Roads Service have advised me that NIE is currently involved in an extensive project in the Rostrevor area, including Victoria Square, to replace its existing overhead equipment with underground services. As a direct consequence of this work, Roads Service is installing its own street lighting cables and columns to replace the existing lighting on NIE poles.

I understand that, whilst the street lighting ducting has now been installed in Victoria Square, the columns and lanterns cannot be erected until NIE has de-commissioned and removed its overhead equipment. The remaining street lighting work will be timed to coincide with NIE’s de-commissioning and removal work, which is expected to commence in the autumn.

Unfortunately Roads Service is only funded to provide standard street lighting columns and lanterns. Where there is a requirement to provide decorative or period fittings the additional cost has been met in the past through Environmental Improvement Schemes (funded by DSD and administered by DOE Planning Service) or local District Councils. In the absence of such additional funding the lighting in Victoria Square will be by means of standard equipment.

(AQW 3553/01)

Mr P Robinson: I understand that the city and town names displayed on traffic signs in the Republic of Ireland have remained unchanged since before the establishment of the Northern Ireland Assembly.

To date, no problem regarding the way by which Northern Ireland towns and cities are referred to on such signs has been brought to the attention of my Department’s Roads Service. As such it has not been necessary to consult with the Irish Government on the matter.

(AQW 3590/01)

Mr P Robinson: My Department’s Roads Service is currently working on a scheme to improve pedestrian movement and safety at these traffic signals. This will provide additional facilities to assist pedestrians wishing to cross the road at the Bridge Street and Killinchy Street legs of the junction. Design work is now complete and the scheme is due to start in late summer/autumn.

In addition, as you are aware, the Comber Bypass scheme is making good progress. All the statutory procedures are now complete and Roads Service has commenced the tender process. It is anticipated that, when completed, this major scheme will significantly reduce vehicular movements at the signal controlled junction at The Square, Comber.

(AQW 3614/01)

Mr P Robinson: Although road signs do occasionally go missing, it is not always the case that they have been stolen. In some cases they have been struck by a vehicle, vandalised or the fixing mechanism has come loose and the sign has fallen. However, the theft of road signs is not perceived by my Department’s Roads Service to be a major problem and their best estimate of the number of such signs stolen during the last twelve months in the Ards Borough Council area would be in the low single figures.

I am aware the Member has already discussed this matter with local officials and that some of the missing signs he highlighted were not the responsibility of Roads Service, but were erected by the local Council who provide and maintain all town and street name signs. If he is aware of any other missing signs and supplies me with the details, I will be happy to have the matter investigated.

In the meantime, I can assure the Member that Roads Service will continue to be vigilant in maintaining existing road signs which are provided for the safety and information of road users.

(AQW 3619/01)

Mr P Robinson: Roadways are not usually scheduled for inspection individually but, for practical purposes, are grouped together in sectors. The inspections for the sector including Far Circular Road were programmed to be completed by Friday 24 November 2000. Various factors can create slight delays, however, for example, paint to mark out a defect may not adhere properly to the roadway during very wet weather. Also, the inspectors have other duties to undertake in addition to inspecting the roadways and sometimes that has to be prioritised.

On this occasion, the inspectors were running about 2 days behind schedule, discounting the weekends. The sector to be inspected immediately prior to the Far Circular Road sector was completed on Monday 28 November 2000 leading to inspection of Far Circular Road on 29 November 2000, a delay of 2 days. As I stated in my reply to AQW 2559/01 such slight variances has been accepted as reasonable by the Courts in Northern Ireland.

(AQW 3620/01)

Mr P Robinson: The Department aims to make a decision on all vehicle damage claims within an average of 6 months from receipt regardless of who may be considered responsible.

(AQW 3642/01)

Mr P Robinson: My Department’s Roads Service reoutinely monitors traffic flows using a network of some 180 census points across Northern Ireland. The data from these census points has been analysed and details of the top ten flows on two-lane single carriageways (ie 1 lane in each direction) is given on the following page for each division.

(AQW 3643/01)

Mr P Robinson: Water Service is presently undertaking work related to the Aquarius Mourne Water Project in the Purdysburn and Alderwood Hill areas. The work includes a major refurbishment of Purdysburn Reservoir, the completion of the replacement pipeline and major cross connections to the existing watermain infrastructure within the Purdysburn site. This work does not require planning permission.

It is proposed to provide an energy recovery installation at the Purdysburn service reservoir. A planning application has been submitted, and is under consideration by Planning Service. Work has not commenced and will not commence until planning approval is received.

(AQW 3563/01)

The Minister for Social Development (Mr Dodds): The Chancellor’s initiative presents both opportunities and challenges for all Government Departments. It will take some time for each Department to consider its priorities in terms of the type of regeneration and public service improvement schemes that might best be funded under the initiative, particularly in the short term.

However, the decision to transfer a number of ex-prisons and security bases to devolved control within Northern Ireland, free of charge, presents an opportunity for my Department, through its Comprehensive Development Scheme powers and associated urban regeneration instruments, to unlock the development potential of a number of the key sites earmarked for release. My Department therefore expects to play a valuable and significant role in the Chancellors initiative and to act as a catalyst for major physical, economic and social development that meet the needs of local people.

(AQW 3607/01)

Mr Dodds: My officials are aware of the "UK Smoke and Sulphur Dioxide Network" summary report for January-December 2000. The Housing Executive’s continuing heating replacement programme, which is providing natural gas or oil heating, will contribute to better air quality throughout Northern Ireland. However, the prioritisation of the programme is based on a phased replacement of those solid fuel heating systems which have reached the end of their useful life.

(AQW 3615/01)

Mr Dodds: The purpose of the SPED scheme is to provide a ready buyer, in the form of the Housing Executive, for people who have been intimidated or are under threat, and who wish to sell their home quickly to move away from the threat. For the period May 2001 to April 2002, the number of applications made to the Housing Executive was 323.

(AQW 3616/01)

Mr Dodds: The main performance indicator associated with the Housing Executive’s House Sales scheme and published in its Business Plan is the time taken to make an offer. The performance target is to do so within 10 weeks of application in 95% of cases. Performance is monitored by both the Housing Executive and my Department. Due to continued unprecedented demand, exacerbated by a dramatic increase in applications since the publication of proposals for change in the scheme, the achievement rate during the year just finished was around 73%. Additional staff resources have been allocated and other changes have been made to try and improve matters in the current year. The Housing Executive will be informing applicants that due to the exceptionally high levels of applications, processing may take longer in some instances than the above target times, but all applications will be dealt with in date order. It will continue to monitor performance and take action as necessary.

(AQW 3628/01)

Mr Dodds: During the financial year, April 2001 - March 2002, there were 473,016 response maintenance repairs carried out by the Housing Executive. Of these, 51,038 were not completed within the timescale allocated in the ‘Tenant’s Charter’. The breakdown of these jobs and the percentage not carried out within the ‘Tenant’s Charter’ are as follows:

(AQW 3623/01)

The Representative of the Assembly Commission (Rev Robert Coulter): I am responding to you on behalf of the Assembly Commission.

(a) For work that is expected to exceed a total cost of £10,000, the committee should undertake an open tender exercise. For work that is not expected to exceed a total cost of £10,000, Research and Library Services (R&LS) will provide a list of suitable candidates.

The method used at present comprises all of the following:

Application of the above methodology results in the production of a list of several potential advisers. Information is then sought from each of these to assess whether they meet the set of specific pre-defined criteria established by the committee.

(b) The evaluation criteria used for identifying suitable candidates includes the following:

• evidence, based on CV, that experience/ qualifications are relevant and sufficient to enable them to be regarded as specialist on the issue(s) being considered;

• evidence, based on references from previous client(s), that previous work was of satisfactory quality, including achievement of deadlines;

• availability to deliver project specification within time allotted.

R&LS require terms of reference for the inquiry and specific terms of reference for the work to be undertaken by the specialist adviser before approaching potential candidates for a CV together with information on fees, experience, availability and any possible conflicting interests. This information is then passed to the committee along with any other relevant information to facilitate the final selection process.

(c) The Research and Library Service carry out the initial evaluation of potential advisers. This evaluation assesses compliance with the criteria set by the committee drawn from its terms of reference. The committee is responsible for the final evaluation and selection of the specialist adviser and will decide in advance on the most appropriate criteria to be used in the process.

Once an appointed specialist adviser has compiled a final report the committee then evaluates it. A committee may request the Research and Library Service to assist in the assessment of a report.

A Good Practice Guide to providing an effective research service to committees has been issued by the Research and Library Service and the Committee Office. This is available through the Committee Office.

(AQW 3751/01)

The Representative of the Assembly Commission (Rev Robert Coulter): I am responding to you on behalf of the Assembly Commission.

(a) The Assembly Commission is content that the recruitment of non-civil servants on a negotiated reduction of their former salary is not contrary to current equality legislation or the relevant Equality Commission codes of practice.

(b) All action taken to date is in compliance with the relevant Equality Commission codes of practice.

(c) All persons involved in the recruitment process have been trained in non-discriminatory criterion based recruitment and selection techniques including the content of the Equality Commission’s Code of Practice. From the information currently available, there is no evidence that any process used, or currently in use, has had a disproportionate affect in terms of gender and/or religion. The affects of the negotiation processes on the starting pay policy applied to some early recruitment competitions is under review to ensure fairness and consistency of approach.