Oral Answers to Questions — Infrastructure – in the Northern Ireland Assembly at 2:45 pm on 22 November 2021.
Maurice Bradley
DUP
2:45,
22 November 2021
1. Mr M Bradley asked the Minister for Infrastructure for an update on the review of the Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010. (AQO 2767/17-22)
Stephen Dunne
DUP
3. Mr Dunne asked the Minister for Infrastructure for an update on the review of the special events legislation Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010. (AQO 2769/17-22)
Nichola Mallon
Social Democratic and Labour Party
Mr Deputy Speaker, with your permission, I will answer questions 1 and 3 together.
The Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010 amended the Road Traffic Regulation (Northern Ireland) Order 1997 to provide the specific power to hold special events on public roads. The legislation puts in place a framework so that special events can be held in a safe and controlled way. Special events are defined in the legislation as:
"(a)any sporting event, social event or entertainment which is held on a public road; or (b)the making of a film on a public road."
The legislation was enacted after being subjected to a public consultation and the full Assembly legislative process. The special events provisions were subsequently commenced in September 2017.
Concerns were raised by councils, sporting bodies and other organisations about the legislation, so, in response, I asked my officials to carry out a review of how the legislation is operating in practice, with a specific objective of identifying areas in which possible improvements to the process and to how events are delivered can be made.
The opportunity to provide the Department with views on the legislation, using the online questionnaire, closed in September 2020. There was a large response: 795 online submissions and 14 pieces of correspondence. Although the online questionnaire included a range of set questions, most respondents also took the opportunity to add comments in the free text area. A detailed analysis of the information submitted on the operation of the legislation is complete, and a findings report has been prepared. I am working with officials to finalise the departmental response report. As soon as I am in a position to do so, I will make those reports publicly available.
Maurice Bradley
DUP
I thank the Minister very much for her answer. A number of local sporting clubs have been in contact with me for an update on the review, which you have clearly said will be coming very shortly. Those clubs are in need of some guidance now so that they can move forward and plan their future events.
Nichola Mallon
Social Democratic and Labour Party
I thank the Member for his question. It has taken this length of time because of the volume of responses and the way in which they were being provided. Most recently, the PSNI Chief Constable also highlighted some issues about the adequacy of the legislation that governs the holding of cycle races on roads, which dates back to the 1980s. My officials therefore wanted to give very careful consideration to the inclusion of cycle races in any revised special events legislation, and that has taken time. I assure the Member that I initiated the review because I recognise the concerns about the impact, particularly on smaller community-based organisations. I have asked officials to take a fresh look at the report that they provided me with, because I want to make sure that we are doing what we can to ensure that such events are safe, while ensuring that we are not putting too much of a burden on local and small organisations, thereby preventing them from holding those important events.
Stephen Dunne
DUP
I thank the Minister for her answer. Given the range of concerns about the outworkings of the legislation from community groups, sporting bodies and others since it took effect over four years ago, does she recognise that many small community organisations are simply put off organising those events owing to the red tape and prohibitive cost involved, particularly for advertisements and traffic-management signage? Will costs be looked at for anything that is taken forward?
Nichola Mallon
Social Democratic and Labour Party
I am aware of those issues, and I met a number of organisations before initiating the review. The review has also identified the concerns that the Member highlights. The issue of cost is being looked at as part of the review, because I recognise that employing temporary traffic-management companies in particular puts an additional burden on the smaller organisations. That is why I want to get the right balance between ensuring that those important events take place safely and the burden not being so great that it puts off the smaller community-based organisations from holding them. They are important for health and well-being but also for community spirit.
Cathal Boylan
Sinn Féin
I welcome the Minister's comments, because the likes of road bowls and events put on by smaller organisations in my area have had serious problems with cost. To give assurance to those people, can you, first, give us a time frame and, secondly, give us some early indication of what the proposal might look like? People are keen to get going with the likes of the 10-kilometre charity runs and everything else that are not able to be facilitated currently. Can you give us an early indication of what is coming down the track?
Nichola Mallon
Social Democratic and Labour Party
Officials have looked at issues around the advertising requirement, the cost, and the burden of traffic management. They have also been engaging with the PSNI, which has raised concerns that it does not have the resources to be able to revert to the original situation. I assure your constituents and the organisations in your locality that I am very focused on making public the review report as soon as possible. I have asked my officials to look at it again, because, at this time, I am not convinced that we have got the balance right between making sure that it is safe, acknowledging the challenges with resourcing in the PSNI and, importantly, making sure that the burden on community groups is not too great. I am therefore awaiting a further submission from officials, and, at that point, I hope to be in a position to make the report public. I recognise that organisations want clarity.
Cara Hunter
Social Democratic and Labour Party
I thank the Minister for her work on the review, and I recognise that she is focused on finding a solution. Minister, can you provide Members with a little more insight into the main concerns that were raised?
Nichola Mallon
Social Democratic and Labour Party
As part of the review, the impact of costs, time and temporary traffic-management plans were all mentioned as being significant issues. The need to use dedicated temporary traffic-management companies was also raised, and there were a number of suggestions that the police should resume their previous role by managing the traffic at special events, particularly smaller community events. The need for the legislation itself was also questioned, with many respondents asking for it to be suspended or revoked.
Alan Chambers
UUP
The burden of the 2010 Act can inhibit localised community activity. Can the Minister outline whether an update to the Act would enable more community road closures, such as for local community celebrations to mark the platinum jubilee in 2022?
Nichola Mallon
Social Democratic and Labour Party
I do not have specifics on that. The "special events" are those that are defined in the legislation, so, if it was a social event or entertainment that was held on a public road, it would fall within the special events legislation, and so they would be involved in the review and in any changes that I bring forward.
Andrew Muir
Alliance
I welcome the Minister's review. For the review to be fully effective, it needs to attract the widest possible support. Is the Minister amenable to meeting the key sporting organisations to get their views before the review is finalised and published? Does she agree that the police also have a key role to play in this and reviewing their stance in relation to special events?
Nichola Mallon
Social Democratic and Labour Party
I agree with the Member about the need to engage with the PSNI. There is a balancing act there in policing resources. For me, being part of these events is a key cornerstone of community-based policing and is a very effective way to demonstrate how intrinsic the Police Service of Northern Ireland is to local communities. It will be beneficial for all concerned if we can get the right balance. When it comes to meeting those groups, I originally met with the different sporting organisations, in particular, in advance of the review. I think that you were at that meeting, Mr Muir. As soon as I get clarity and am content that we have the right balance for the review report, I will be happy to engage with those groups again.
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