Debate contribution: Dilapidation Bill: Consideration Stage
Debate contribution by Mr Tom Buchanan on .
- MLA
- Mr Tom Buchanan
- Party at the time
- Democratic Unionist Party
- Date
- 16 June 2026
- Type
- Debate contribution
- Business
- Executive Committee Business
- Heading
- Dilapidation Bill: Consideration Stage
- Assembly identifier
- Official Report component 5624089
Read the official Assembly record
Text
At the outset, I welcome the importance of the legislation before the House today. While it is a step in the right direction for our towns and villages, it is perhaps not the silver bullet that covers all the areas that will be brought into focus. I acknowledge the scrutiny that the Bill was subject to in Committee. We heard from quite a few witnesses. The Bill went back and forth between departmental officials and the Committee on numerous occasions, as we sought to iron out concerns that had been raised. There is no doubt that there are still some concerns, as we have heard in the House today already. While 36 amendments were tabled, 32 are from the Minister, most of which are technical in nature in order to tidy up the drafting, improve clarity and help correct the terminology in the Bill. The amendments were fully scrutinised, and there were no dissenting voices to any of them when it came to agreeing to them at Committee. Some amendments, however, go beyond tidying up the wording of the Bill and instead go to the very heart of how the legislation will operate on the ground, including the extra burdens that it will place on already overstretched councils. I will speak to some of those amendments briefly. Amendment No 19 focuses on cost recovery for fencing off and watching dangerous buildings, but it fails to provide a financial framework for councils for that. It clarifies that councils may recover the cost of fencing off or watching buildings that pose a danger to the public, but clarity is not the same as practicality. The fact is that councils can recover the cost only if the owner is willing to pay. Councils will likely find that, in a number of cases, the owner is absent, insolvent or simply unwilling to pay. While the amendment improves the wording of clause 12, it does not really address the underlying problem of new duties being created by the Bill without the resources to deliver them, which will again place the onus on councils to recoup the costs or, ultimately, to allow the ratepayer to carry the financial burden. Considering that, surely the Minister should look again at finding some way to assist councils in that regard. Amendment No 22 will expand the ability of councils to require information from individuals while giving the Department power to restrict what information can be asked for. In reality, however, every notice, every new form and every new administrative step will be another cost to councils. We simply cannot keep relying on councils to pick up the cost. We cannot pretend that council budgets are elastic, with plenty of stretch left in them. As is the case in many other sectors, councils are under pressure. There is concern from councils across Northern Ireland about those issues. Amendment No 26 will tighten the conditions under which a lay inspector may obtain a warrant to enter premises. While that is a safeguard for property rights, it will increase the administrative load on councils. Inspectors will now need to demonstrate refusal or anticipated refusal and demonstrate that no alternative route exists. While that is legally sound, it will be operationally heavy for councils to enforce. Amendment No 28 clarifies that paying a fixed penalty will discharge liability only up to the date of payment. If the person continues to ignore the maintenance notice, they will remain liable. While no one will argue against that, it nevertheless increases the enforcement work for councils in monitoring and revisiting a notice and, potentially, prosecuting. Again, that creates another issue that councils have concerns about. One of my colleagues will deal with the SDLP amendments, so I will leave that to the side. The Bill has good intentions, and I hope that it works and delivers for our rural areas, towns and villages. However, I have some concerns about its delivery, and I ask the Minister to continue to work and liaise with councils on the Bill to ensure that, when it is passed by the House and the responsibilities for delivery are passed to the councils, they are in a position to deliver on it and the people in the towns and villages and we, as elected representatives, will be able to see the benefit of delivery from the legislation.
725 words. Text as published by the Northern Ireland Assembly.
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