Debate contribution: Dilapidation Bill: Consideration Stage

Debate contribution by Miss Michelle McIlveen on 16 June 2026.

MLA: Miss Michelle McIlveen
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 5624100

Text

I am pleased to contribute to the Consideration Stage of the Dilapidation Bill. As you noted, Mr Deputy Speaker, when you chastised me earlier, I have been here a long time. I first raised the issue of the need for powers to be given to councils to address dilapidation in February 2012 with the then Minister Attwood in a motion that I brought to the Assembly on behalf of the DUP. During that debate, I referred to the enforcement difficulties being faced by councils, highlighting many of those issues along with problems that had been brought to me by environmental health officials in the then Ards Borough Council. I went through some of the prevailing legislation and suggested that that was something that the Minister needed to address. I was delighted to find a willing Minister, which is not always the case, so credit to Alex Attwood. However, it is, perhaps, disappointing that it has taken a further 14 years for us to get to this stage. After all this time, I remain an advocate for the creation of these powers, and therefore I welcome the Bill. At its heart, it is a practical piece of legislation that seeks to address a problem that communities across Northern Ireland know only too well. That has certainly been mentioned in the Chamber today. We have all seen buildings and sites that have been neglected for years, creating eyesores, damaging local confidence, undermining regeneration efforts and, in some cases, posing genuine risks to public safety. We have all had complaints from constituents asking what is being done about the problem. The evidence presented to the AERA Committee demonstrated a broad consensus that the current legislative framework is no longer fit for purpose. Much of the law in the area is outdated. It is fragmented across a range of statutes, and it is often difficult for councils to use it effectively. As the Minister said, the Bill represents an opportunity to modernise those powers, consolidate enforcement mechanisms and provide councils with a clearer and more effective framework for tackling dilapidated buildings and neglected land — a problem that has worsened, not improved, in the intervening 14 years. I appreciate that there is discomfort among councils about the application of some of the powers, and we heard that throughout the Committee Stage. The fundamental objective of the Bill, however, is a good one. It is important, however, that the Department is supportive of councils in delivering clear statutory guidance on the subjective terms in the legislation as well as the discretionary nature of the powers being conferred, and also on enforcement. The Committee heard that the Bill would bring Northern Ireland more closely in line with powers elsewhere in the United Kingdom and that it would provide councils with a coherent set of tools to intervene where buildings and sites have fallen into disrepair and strengthen the ability of councils to recover costs when they are required to take action. Those are important reforms if we are to be serious about tackling blight in our streets. Dereliction does not affect just the appearance of an area. It discourages investment, adversely impacts on neighbouring property owners, contributes to antisocial behaviour and creates a sense among communities that they have been forgotten. In giving councils a more effective means of addressing those problems, the Bill has the potential to support regeneration, improve local environments and increase civic pride in towns, villages and urban neighbourhoods across Northern Ireland. However, the Bill alone, as others have mentioned, cannot achieve that. In my constituency of Strangford, Ards and North Down Borough Council's Empty to Energised is a vehicle by which the council wants to bring vacant commercial properties back into use in Newtownards town centre. It is finding, however, that closed catchment in NI Water assets means that new connections cannot be made in properties vacant over five years, so steps need to be taken by other Departments to ensure that the causes of dereliction and dilapidation are addressed. Our support for the Bill and the amendments tabled by the Minister does not mean that we are ignoring the concerns that were raised during the Committee's scrutiny. The Committee carefully examined the balance between public interest and private property rights. The powers in the Bill are significant and, as with any enforcement legislation, need to be exercised fairly, proportionately and transparently. Property owners should have clear rights of appeal and access to due process. Enforcement should always be targeted at genuine cases of dilapidation and neglect rather than becoming an unnecessary burden on responsible owners who face temporary difficulties. There is a real onus on the Department to ensure that the passing of the Bill does not mark the end of its role in this. I have said clearly that statutory guidance must go hand in hand with the powers and that there must be clarity on that. The Committee heard the concerns of local government stakeholders about resources and implementation, which we have heard about from other Members. Granting councils additional powers is one thing; ensuring that councils have the capacity, expertise and funding to use those powers effectively is another. If the legislation is to succeed, it must be accompanied by appropriate guidance, training and support. Otherwise, there is a risk that communities' expectations will be raised without councils having the practical ability to deliver the expected outcomes. In the short term, at least, it will be very much about managing those expectations. Another important issue raised during Committee Stage scrutiny relates to historical and heritage buildings. Northern Ireland's built heritage is an asset that must be protected. In some cases, buildings may appear neglected but possess significant historical or architectural value. It is therefore essential that the new powers operate in such a way as to complement existing heritage protections and, where possible, to encourage restoration, rather than simply focusing on enforcement for its own sake. Prevention should remain an important principle. While councils need effective powers to address the most serious cases, we should encourage engagement with owners at an early stage and seek voluntary compliance where possible. The best outcome is often the one that is achieved through cooperation rather than enforcement. The case for reform is compelling. The Bill provides a long-overdue opportunity to replace outdated legislation with a modern framework that better serves communities, supports regeneration and helps councils to address persistent problems that have too often gone unresolved. No legislation is perfect, and the Committee's scrutiny has highlighted areas where safeguards, guidance and implementation arrangements will require careful attention. Those concerns should continue to inform the Assembly's consideration of the Bill. However, the principle underpinning the legislation is sound. Communities deserve protection from the blight caused by long-term dereliction and neglect, and councils deserve effective powers that are clear, workable and proportionate. I do not wish to repeat too much more of what other Members have said. We are content to support amendment Nos 1 to 32 and amendment Nos 34 and 36. Amendment No 33 is bureaucratic, unwieldy and, potentially, costly. The Bill proposes that councils be given discretionary powers to take the most appropriate action in the circumstances. Amendment No 33 is at odds with that. How a Department-appointed body or person would gather the necessary evidence to meet the obligation is not made clear. The number of buildings, structures and sites will be huge, but access issues are not made clear. How a structure will be established as being dangerous without a comprehensive survey is not made clear, and the reasons for having such an audit or review are not made clear. Therefore, I am afraid that I cannot support that amendment or, as a result, amendment No 35. We are content with the requirement for individual registers to be kept that is set out in amendment No 34, as that is in keeping with other environmental legislation, and for the registers to be open for inspection if needs be. That ties in with the review that forms part of amendment No 32. In conclusion, I thank the departmental officials, the witnesses, the Committee Clerk and the AERA Committee team, and, of course, the Bill Office for their work and support during the Bill's Committee Stage.

1,377 words. Text as published by the Northern Ireland Assembly.

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