William Hay (Speaker) Link to this

I remind Members that the proposer of the topic for debate will have 15 minutes in which to speak. All other Members will have approximately 10 minutes.

Dolores Kelly (Social Democratic and Labour Party) Link to this

From the earliest times, rivers have been a focal point for human activity. Man settled close to rivers and became dependent on them for survival. Rivers formed a working part of both the rural and urban industrial landscapes. Although there are many benefits to living adjacent to rivers, there can be many disadvantages, particularly the risk of flooding. The effects of flooding can be devastating: roads closed; homes and farms severely damaged; and public services, industry and commerce disrupted. Communities suffer from fear, anxiety and hardships during periods of flooding.

I witnessed such events in August, in Lurgan, Craigavon and Banbridge where there was extensive flooding, and many homes were damaged.

The Department of Agriculture and Rural Development is the statutory drainage and flood-protection authority for Northern Ireland. Under the terms of the Drainage (Northern Ireland) Order 1973, the Department has discretionary powers to maintain watercourses and sea defences, which have been designated by the Drainage Council for Northern Ireland; construct and maintain drainage and flood-defence structures; and administer advisory and enforcement procedures to protect the drainage function of all watercourses.

All executive functions that arise from the Department’s statutory remit under the Drainage (Northern Ireland) Order 1973 are undertaken by the Rivers Agency, which also exercises the Department’s responsibilities for the regulation of the water levels in Lough Neagh. In exercising its functions, the agency is required to adhere to the Department’s countryside management strategy.

(Mr Deputy Speaker [Mr Dallat] in the Chair)

The Drainage Council for Northern Ireland is a non-departmental public body constituted under the Drainage (Northern Ireland) Order 1973. The council has a general scrutiny role in relation to the Department’s drainage functions and has a statutory duty to ensure uniformity in the treatment of drainage throughout Northern Ireland.

I have outlined DARD’s responsibilities with regard to the maintenance of watercourses and to drainage because of the colossal failure in the management of watercourses in Upper Bann. Although the Department of Agriculture and Rural Development is a statutory consultee on planning issues, many homes at Knockramer Meadows in Craigavon were destroyed when a river burst its banks in the August floods. People are still coping with the consequences of that, and one wonders what DARD’s response was to the planning application for those homes. We have not yet heard how DARD will remedy with the developer the ongoing problem and allay the fears of residents in that area. No wall was built to protect those homes from the river.

I accept that DARD does not hold all the responsibility, but that is part of the problem. In addition to DARD, the Department of the Environment and the Department for Regional Development have responsibility. As we saw in the summer floods, that is very confusing for people.

I have just seen the Minister in the Chamber — I congratulate her on the birth of her child and thank her for taking the time to come to the debate.

One problem that constituents find is that there is no one-stop shop, and people do not know who to contact if there is a problem. Local authorities have a statutory responsibility for emergency planning — thankfully, that is fairly new and has not been exercised. As the Minister knows, there were several problems in the recent floods. Therefore, in addition to the three Departments, local councils have responsibility.

While I was doing some research for the debate, I discovered that responsibility for a blocked watercourse is dependent on whether the water is flowing. If the water is flowing, the local council’s environmental health services should be contacted, and if it is blocked, the Northern Ireland Environment Agency is responsible. In any other cases, the Rivers Agency is responsible. If a concerned member of the public shows some civic responsibility and makes a phone call about a block in a watercourse, he or she should only have to ring one number. I hope that the Minister will reflect on that and consult with her ministerial colleagues on it.

As the Minister knows, the River Bann and the River Lagan run through the Upper Bann constituency. The southern shores of Lough Neagh also form part of my constituency. Those are areas of special scientific interest.

There are also wetlands close to where I live. Part of the problem is that there does not appear to be any routine, regular maintenance or checking of culverts in the area. In June, one of those culverts collapsed. As a result, part of a road caved in. In such a rural area, where there are no public sewerage works, watercourses are the drainage outlets for septic tanks. That created a backlog that drained into the fields and wetlands. Therefore, not only did the area experience excessive rainfall during that time, but a foul odour persisted as a result.

Members of the public who wanted to report that collapsed culvert did not know which agency to ring. They rang Roads Service, but were passed from one Department to another. That is a huge problem. Regular, routine maintenance and checking of culverts is needed. I accept that a lot of drains are many years old. In the north Lurgan area, foul-water drains and storm drains run into the same sewage-treatment system. Whether or not that is the Department for Regional Development’s responsibility, it has an impact on the watercourse, for which DARD has oversight. I want my constituency’s natural heritage, particularly the wetlands and areas of special scientific interest, to be protected, not only for the well-being of people who live in the area, but to preserve the countryside’s flora and fauna.

There is always great debate about the role of farmers in watercourse maintenance. Often, farmers are blamed for pollution; sometimes, rightly so. In recent years, there has been discussion about the level of phosphates being spread on fields. Although there is great compliance with the nitrates directive, there is a problem with the use of phosphates. It is actually less expensive for farmers to use more natural methods and to reduce the level of fertiliser that they spread on their fields. I am not sure whether the Minister has taken action on that issue, although I believe that a pilot project was to be undertaken.

Work must also be done on the European water framework directive. The Minister’s Department is carrying out flood mapping of all the counties in the North. I understand that in the Republic of Ireland, a much more extensive flood-mapping project is being carried out. That ties in with DARD’s role as a consultee in planning matters. Can the Minister explain how people who want to buy houses will be protected and how developers who wish to buy land and apply for planning permission will be able to gain access to those flood maps? Will they be charged for that access?

The difficulties that arise from the cross-cutting nature of watercourse management across several agencies are not only experienced by the public; I am sure that the Minister’s colleagues also encounter them when trying to research who has responsibility for certain matters. In the past few months, when extensive flooding occurred in my constituency, part of the problem lay with Rivers Agency. People in one part of my constituency had to report to the Lisburn office, and people in the other part to the office in Armagh. That creates difficulties, even for the local council’s emergency planning. During the flooding, some sandbags had to come from Lisburn, and some from elsewhere. Advice on what to do in the event of an emergency must be provided from a central location.

I remember that when I was a little girl, the “Ministry men” took care of watercourse management. They used to come out regularly and clean the drains and bogs. Every year, I would have seen them working. That is not the case any longer. Can the Minister indicate whether the budget for that work has been maintained and how the situation will be remedied? There has been a great deficit in investment in infrastructure and maintenance of waterways throughout Northern Ireland, particularly in my constituency.

The amount of pollution caused by the non-compliance of sewage treatment works in Upper Bann, particularly in the Closet River around Craigavon, is a matter of great concern. The Minister is aware that Lough Neagh is the main reservoir of drinking water for Belfast and greater Belfast. However, the poor management of watercourses and the poor quality of rivers and streams cause Lough Neagh’s water quality to fall well below the standards required by European directives. What action is the Minister taking, or prepared to take, over the next two to five years to improve the environment and the quality of the water for those who drink it?

John O'Dowd (Sinn Féin) Link to this

I congratulate the Minister on the birth of her daughter, Aoise Geraldine. I am sure that she and her husband are very proud. I met the Minister’s mother the other day, and she is an extremely proud grandmother. I thank the Minister for attending today to respond to questions raised in the debate.

I thank Mrs Kelly for securing today’s debate. It is timely because, as recently as 21 October 2008, the Assembly discussed promoting Lough Neagh as a tourist attraction. However, any problems with the waterways that flow into Lough Neagh will prevent it developing to its full potential. Other Members raised several issues, and I have no doubt that those wishing to speak will raise further matters.

On 16 August 2008, the Halfpenny River caused severe flooding in the Knockramer Meadows area of Lurgan, and that must be investigated. I thank the Rivers Agency for its prompt action and for twice meeting local residents in the aftermath of the flood. The agency carefully explained to residents the processes involved in a long-term flood defence for that river, and it committed to regular patrolling of the river to ensure that large objects are not blocking culverts, because that seems to have been one of the causes of the severe flooding.

Mrs Kelly is correct that questions must be asked: why were flood defences not built in the first place to protect the developments along the Halfpenny River, and why did the Planning Service allow those developments to proceed? I welcome the fact that the Rivers Agency is now closely examining that matter.

The Closet River was mentioned during the Assembly’s debate on Lough Neagh. It also concerns not only environmentalists but local farmers whose land surrounds it. Although the Department of Agriculture and Rural Development does not have direct responsibility for the river, the sewage that is being pumped into the river overflows onto farmers’ land and has caused severe pollution in the past. In future developments at the waterworks, I hope that the Environment Agency in particular will keep its promise that discharges will not contain the raw sewage that was previously discharged on farmers’ land. I hope that that process will stop, but only time will tell.

Those who live in the Craigavon area of Upper Bann are in a strange position because the River Bann divides it. When the Rivers Agency responded to the recent flooding, some people had to report to Lisburn and others to Portadown, yet they come from areas that are close together. After the flooding at Knockramer, it would have been far easier for residents to go to Portadown than to Lisburn, although I understand that the Portadown depot provided sandbags for the area and assisted in dealing with the flooding.

I also thank the “Ministry men”, as Mrs Kelly called them, who turned up in Knockramer late in the evening and started to clear culverts, and so forth. After a long and miserable day, they came to carry out work, and their arrival was welcome. The watercourses in Upper Bann require attention, as do those across the North. However, those in that area require particular attention because they flow into Lough Neagh. The lough is a major water supplier and a sizeable nature reserve, and, as was discussed in the House two weeks ago, it has much tourist potential that must be fulfilled.

I mentioned the River Halfpenny and River Closet. We must learn from past experiences of planning developments close to rivers. In August 2008, the River Halfpenny, which is, usually, merely a stream, became a raging torrent within hours.

Samuel Gardiner (UUP) Link to this

I congratulate the Minister on the birth of her baby daughter.

I declare an interest as a member of Craigavon Borough Council, which has interest in the surrounding areas of Lough Neagh.

I want to raise several issues about the management of the Upper Bann, and the Lough Neagh basin into which the River Bann flows. The Upper Bann waterway system and the entire Lough Neagh basin is one of the great underdeveloped tourist and recreation resources in the Province, and the lack of a single co-ordinating authority contributes to the problem. On several occasions, I have put on record my support for the creation of a Lough Neagh authority, which would expand the area’s tourist potential and assume responsibility for the management of all the waters in the region.

The fragmentation, which currently exists, does not provide a good basis for progress. We require an executive body that is directly accountable to the Assembly through one of the Departments, rather than one that merely facilitates co-ordination. For some time I have been concerned that the apportionment of responsibilities to existing Departments is incorrect. For example, it is strange that the Department of Agriculture and Rural Development has responsibility for flooding: it would be more logical for the Department of the Environment to handle that matter. Also, responses to flooding would be better if managed by one Department. In addition, the region’s tourism falls under the remit of the Department of Enterprise, Trade and Investment.

Regardless of the way in which one approaches the matter, there are several ministries involved in the management of different aspects of the Upper Bann and the Lough Neagh basin. That is why the introduction of an overarching body to manage the region makes sense and will keep local — as opposed to ministerial — executive responsibility in one place. Furthermore, it might enable the injection of energy, which is, inevitably, lacking when there are several Northern Ireland Departments managing one particular issue. Too much time is consumed by co-ordination and not enough time is spent on the directional energy needed to improve the region.

There is a pattern of increasing recreation and tourism in the region based around honeypot sites such as Kinnego Marina. In addition, the Upper Bann has important fishing grounds. However, there is no statutory navigation authority for Lough Neagh, the River Blackwater and the Upper Bann. A number of local councils enforce rules and regulations in the vicinity of the marinas and facilities around Lough Neagh.

The bed and soil of Lough Neagh are owned by the Shaftesbury Estate. Therefore, many infrastructural developments on the lough — such as piers, jetties and navigational markers — cannot commence without the owner’s agreement. The Rivers Agency and the Department of Agriculture and Rural Development exercise a statutory rule to regulate Lough Neagh’s water levels, taking account of weather conditions and the needs of a wide range of users including boating, farming, fisheries and conservation groups. We need rationalisation of the confusion of authority, rights and operational methods.

George Savage (UUP) Link to this

I declare an interest as a member of Craigavon Borough Council, and I commend my fellow Member from Upper Bann Mrs Kelly for securing the Adjournment debate.

Furthermore, I congratulate the Minister on the birth of her daughter. It is nice to see her back, and we look forward to seeing her in the Committee for Agriculture and Rural Development.

Upper Bann has some of the most scenic waterways in the Province. Although colleagues from South Antrim may have something to say about it, the tourism potential of Lough Neagh is massive and untapped. Only last Tuesday, the House debated that issue. Upper Bann’s waterways could prove valuable to the local economy. We need assurances from the Department of Agriculture and Rural Development that the waterways will be maintained to a high standard so that we can realise their tourist potential.

The Department of Agriculture and Rural Development, however, is not solely responsible for all that is wrong with Upper Bann’s waterways; there are major issues with the quality of water pumped into our rivers and into Lough Neagh. The pollution in and around the Ballynacor treatment works is an absolute disgrace: I have raised that matter with the Minister for Regional Development. Mrs Kelly mentioned the lack of joined-up Government in this respect. I will not repeat what she and others have said, but Northern Ireland Water continues to investigate serious issues in connection with the Closet River. Lough Neagh is the largest freshwater lake in the British Isles, but at this rate of pollution the water will not remain fresh for much longer. Drastic action must be taken.

Mr O’Dowd referred to another local issue that is the responsibility of the Department of Agriculture and Rural Development. On Saturday 16 August, Northern Ireland was subjected to a massive deluge — a once-in-a-100-year storm, the weather experts tell us. On that day, the Rivers Bann and Lagan and all the main rivers in the area overflowed, damaging potato crops and cereals. An answer to a question that I received today from the Minister states that the estimated damage to farms in the Upper Bann constituency alone, based on input costs, is £97,000 in respect of potatoes and £66,000 in respect of cereals. No one can do much about the storm; that is something over which we have no control. However, I call upon the Department of Agriculture and Rural Development to clarify urgently whether compensation will be paid to the farmers affected.

I urge that consideration be given to the creation of a single body to administer, maintain and promote the waterways of the Upper Bann constituency, and I call on the Executive to give that matter urgent consideration. The tourist and economic potential of Lough Neagh needs vision and imagination if it is to develop. If we are serious about caring for future generations, we must use all the potential at our disposal.

I stress to the Minister, however, that before anything else is done, we must eliminate the flow of undesirable stuff into Lough Neagh — and I express myself as mildly as possible. I ask the Minister to address those issues; knowing her and her Department, they will be taken seriously.

John Dallat (Social Democratic and Labour Party) Link to this

I, too, add my congratulations to the Minister and wish her family every blessing for the future.

Michelle Gildernew (Sinn Féin) Link to this

Go raibh maith agat. I am grateful to everyone for their kind words and comments. I thank Dolores for giving the Assembly an opportunity to discuss waterway maintenance in the Upper Bann constituency. I have not quite returned to work, so you will not see me in Committee for a while yet, George. I returned to the House for this debate because I believe that it is important; but I will be off work for a wee while and for that, I ask Members to bear with me. I thank other Members for their kind words and their contributions to the debate: John O’Dowd, Sam Gardiner and George Savage.

I recognise the strategic importance of Lough Neagh, and its importance for tourism. Even though the weather was not great, my family spent a few lovely days this year enjoying the amenities at Kinnegoe Embankment. We had a great time.

I recognise that the wetlands of Lough Neagh are environmentally important, and I recognise that the lough is important to the local area. I am also a very keen advocate of the restoration of the Ulster Canal, which links Lough Neagh to the River Blackwater, the Shannon-Erne waterway and Lough Erne. I have been working on that from a constituency basis, and I recognise that it would open up Lough Neagh’s potential. It is also important that the infrastructure be right.

I recognise that the farming community and the public have very real concerns about watercourse maintenance, in view of the serious flooding events of 16 and 17 August. I am conscious that the Upper Bann constituency unfortunately experienced severe flooding at that time. I emphasise that the events in August were exceptional and exceeded the design standards of drainage infrastructure at many locations. However, having seen the effects of the flooding, I very strongly sympathise with those who were affected. It is very traumatic to have one’s home, business or farm flooded.

Government provided funds for district councils to make emergency payments to householders who suffered losses, and I am aware that farmers in Upper Bann suffered crop losses, as George Savage pointed out. The assessment of the losses to the farming industry in the North is now complete, and it is evident that potato growers suffered the greatest losses due to the very high crop-input costs and the susceptibility of the crop to flooding. My officials are discussing that issue with the Department of Finance and Personnel, and I will follow that up at ministerial level in the next few days. I hope to be able to clarify the position shortly.

My proposals will be similar to the de minimis payment scheme. Potato growers who suffered because of the flooding incident will receive payments of up to €7,500. Any payments will take losses incurred by individual growers into account. Hopefully, we will have a response on that in the near future.

In the meantime, the Rivers Agency continues to investigate flooding incidence and the scope for remedial action. It has already carried out immediate critical repairs to major flood defences, and I am conscious that questions were raised about maintenance issues. Throughout the North of Ireland, the Rivers Agency currently maintains approximately 6,800 km of designated watercourses and associated flood defences, which largely provide protection to built property.

The agency carries out a cyclical programme of inspection and maintenance of designated watercourses to ensure free flow. In response to severe weather warnings, the agency increases inspection and maintenance of grilles at vulnerable locations where obstructions are likely to impede flow and increase flood risk. That maintenance work has an essential flood-management focus.

I also commend the staff of the Rivers Agency, whom I have seen out working during events like the August floods to which I referred. Even at weekends, they go to work when they are needed and it is all hands on deck. They work very hard to prevent homes and businesses from being flooded, although that is not always possible.

To put it into context, the Rivers Agency does not have a legislative remit to carry out maintenance on watercourses purely for amenity or aesthetic purposes. The agency will only intervene where bank erosion threatens flood defences, roads or built property. That is all that the agency can do legally. Adjacent landowners have a responsibility to maintain undesignated watercourses. The Rivers Agency has an advisory and enforcement role in protecting the drainage function of all watercourses for flood-management purposes.

When Government recently responded to a review of flood-management policy, we took account of representations from the farming community about rural watercourse maintenance. The Rivers Agency continues to maintain designated watercourses in the interests of drainage and flood management. That work must be carried out in an environmentally sensitive manner in order to satisfy the principles of sustainability and EU obligations. There are many EU directives with which we must comply. The work must be done in an environmentally sensitive way — a point that was made by Mrs Dolores Kelly.

There is no evidence to suggest that a lack of maintenance of designated watercourses contributed significantly to the flooding in August.

I assure Members that Rivers Agency will investigate all watercourse-related flooding incidents, as well as the scope that exists for remedial action to be taken, including maintenance of those watercourses that have been mentioned in the debate, such as the Halfpenny River.

Proactive flood-risk management is proposed in the Government response to the flood-management policy review, and we will take full account of the needs of watercourse maintenance and the concerns expressed during the debate. I accept Mr Gardiner’s frustration that some of the flood-management responsibilities are split among different Departments, and we must assess how those issues are managed. My Department will work closely with Department of the Environment and Department for Regional Development officials to try to bring a joined-up-government approach to bear.

Mrs Kelly asked about an incident line, and I can confirm that a number to be called in the event of flooding will be introduced before the end of the year. That number will be: 0300 2000 100. Press releases will be issued and other publicity undertaken when that number comes into operation. The advantage of that number is that the people who will take the calls will know to which agencies to direct the information, and that will ensure that problems are dealt with as quickly as possible.

My Department will tomorrow launch the strategic flood maps, which will be free and available online. The maps are very professional — I saw them in advance, and I am pleased with the Rivers Agency’s work on them. The flood maps will be freely available in the next few days, and I am keen that statutory agencies and other people use them to try to avoid repeating past mistakes.

If I have not responded to any local maintenance issues that were raised, I am happy for the Rivers Agency to respond individually about those. I thank those Members who participated in the debate for creating an opportunity to discuss flood issues in Upper Bann. My Department wants to continue working with representatives of that constituency — as we do with all constituencies — to try to alleviate the misery of flooding and some of the associated problems. We accept that we cannot sort out every problem, but we will do everything within the legislative framework to try to avoid flood incidents. Go raibh maith agat.