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NORTHERN IRELAND

Sustainable Development

The Parliamentary Under-Secretary of State for Northern Ireland (Mr. Shaun Woodward): This is a statement of policy, made by me pursuant to article 4 of the Strategic Planning (Northern Ireland) Order 1999, which provides that the Department for Regional Development (DRD) shall provide policy guidance and advice in relation to its Regional Development Strategy and the implementation thereof. DRD is also obliged by article 4 to co-ordinate the implementation of the Regional Development Strategy.

The statement is an expression of Government policy. I am advised that it is the duty of planning decision makers to have regard to relevant statements of planning policy, as legally material considerations. This is such a statement. I am further advised that a statement of planning policy can lawfully contain provisions regarding the weight to be attributed to a specified material consideration.

Today I am publishing draft "Policy Planning Statement (PPS) 14" that proposes a presumption against development throughout the countryside. In making the present statement I have considered the views put forward by a wide range of bodies and individuals in response to the issues paper published for public consultation in June 2004. The issues paper was sent to all Northern Ireland MPs, MLAs and councils, a wide range of other interested parties, including all on the Department's section 75 consultation list. It was also advertised in Northern Ireland's three main daily newspapers. This consultation lasted for three months. I have noted that many rural dwellers are concerned that their way of life should be protected. There is also concern that the high rate of new buildings in the countryside is unsustainable and will produce irreversible and unacceptable impacts on the environment. Having given careful consideration to all views and representations expressed during the policy making process to date, I have concluded that, in the public interest, action designed to minimise irreversible damage cannot be delayed. The present statement seeks to address substantial concerns that the policy direction of draft PPS 14 could be seriously faistrated and undermined by a large influx of planning applications, particularly for single dwellings, during the consultation period and before the final policy is published. At the
 
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same time, I am of course aware of my obligation to consider conscientiously all further views and representations expressed during the next phase of the overall consultation exercise initiated today.

Since the publication of the Regional Development Strategy, monitoring of development: activity in the countryside shows that there has been a continuing and accelerating upwards trend in planning applications for single dwellings. The majority of these applications result in approvals and development on the ground. There is evidence that this rural development pressure is now affecting most areas of Northern Ireland. Announcement of the preparations of new development plans has usually been a trigger for significantly higher numbers of planning applications for development. Until now the main policy response has been the wider application of green belt and countryside policy area designations in emerging development plans. However, my assessment is that this approach is not sufficiently timely or effective to address this ongoing pressure, or to protect the public interest.

This is particularly the case given Government's strong commitment to achieving significantly higher standards of environmental protection to support implementation of a range of European directives and international commitments on sustainable development.

In view of this, draft "Planning Policy Statement 14: Sustainable Development in the Countryside" proposes a presumption against new development in the countryside outside designated settlement limits with a limited number of exceptions. My present intention is that strict controls on development will operate to meet the essential needs of the rural community, protect our natural resources, achieve the high standards of environmental protection demanded at national, European and international levels, and will assist in the implementation of the Regional Development Strategy. This statement expresses my assessment, as DRD Minister, of the requirements of the public interest at present.

In addition, I consider that, in the present circumstances, where there is evidence of a significant threat to the environment from new development, there is good reason to proceed with a precautionary approach pending the completion of the "Planning Policy Statement 14" policy development process. To this end the provisions of draft PPS 14 will immediately take precedence over the existing policies listed in the draft and should be accorded substantial weight in the determination of all planning applications received after today.

I make this statement with the approval of and having consulted the Minister with responsibility for the Department of the Environment's Planning Service.

Copies of the draft "Planning Policy Statement 14: Sustainable Development in the Countryside" have been placed in Libraries of both Houses and are also available on the website: http://consultations.drdni.gov.uk.

ASBOs (Equality Commission Report)

The Secretary of State for Northern Ireland (Mr. Peter Hain): The Equality Commission for Northern Ireland has today laid before both Houses a copy of the report on its investigation of a complaint made by the
 
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Children's Law Centre under paragraph 10 of schedule 9 to the Northern Ireland Act 1998 of an alleged failure by the Northern Ireland Office to comply with its Equality Scheme. The report concluded with a recommendation that in order to comply with its approved Equality Scheme the Northern Ireland Office must undertake an Equality Impact Assessment of the anti-social behaviour order (ASBO) policy and legislation in relation to its impact on children and young people. The report made further recommendations regarding changes in the process to be adopted by the Northern Ireland Office in undertaking future equality screening exercises.

The Northern Ireland Office has a strong track record of taking its obligations under equality legislation very seriously and therefore sought to give careful consideration to the report and its recommendations which it received in May 2005.

However, in June 2005 the Equality Commission's report triggered an application for judicial review by an individual in respect of whom an ASBO had been sought. This was on the basis that the ASBO legislation should be struck down on account of the finding by the Equality Commission that the Northern Ireland Office had failed to comply with its Equality Scheme. The judicial review proceedings therefore encompassed the Equality Commission's report, in order to secure definitive guidance on whether ASBOs could operate on a sound legal footing in Northern Ireland. In light of this legal challenge, the NIO determined to defer its formal response to the Commission's report pending completion of the litigation. The High Court (Girvan J) rejected the application for judicial review in October 2005 and the Appeal Court (Kerr LCJ) upheld this decision on 8 March 2006.

Girvan J's judgment noted that

"the framework of schedule 9 [to the Northern Ireland Act 1998] is to empower the [Equality] Commission to make an investigation and produce a report with recommendations and then leave it to the Secretary of State to decide what effect, if any, should be given to the report and the recommendations. The report, as laid before Parliament, goes into the public domain, and the democratic process is the proper forum within which the outworking of the matter takes place."

The effect of the judgment of the Court of Appeal was to endorse these findings and conclusions. Fundamentally, the outcome of the litigation is that the Commission's report does not have the effect of invalidating the ASBO policy or legislation. Both remain lawful and intact. The NIO will also have regard to the comments and findings of Girvan J about the actions of the Commission in accepting the original complaint for investigation and in how it subsequently went about conducting its investigation and compiling its report.

The Government do not consider that the High Court's judgment requires us to move from our original position that an Equality Impact Assessment was not necessary. The Government do however wish to be as responsive as possible to the Equality Commission's report bearing in mind the importance we attaches to equality issues. I have therefore brought forward the five-year review of the Northern Ireland Office's Equality Scheme, strictly not scheduled to take place until November 2006, and this will subsume the
 
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procedural points raised by the Commission in its recommendations. This review has been rescheduled for completion by June 2006.

On the specific issue of any equality consideration of ASBO policy and legislation, an evaluation of the implementation of ASBOs is planned during 2006–07. In addition the Criminal Justice Inspectorate has included within its 2007–09 programme an inspection focused on the operation and effectiveness of ASBOs. If either of these reviews points to any unforeseen equality implications I shall ensure that these will be carefully examined. I believe in this way the matter can be taken forward in a positive manner and with regard to any equality considerations which may have emerged in the light of our experience of operating the ASBO policy.

I must stress however that ASBOs will continue to be deployed with energy and confidence in Northern Ireland, where they can be just as effective as in Great Britain.

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