Debate contribution: Water, Sustainable Drainage and Flood Management Bill: Consideration Stage
Debate contribution by Ms Liz Kimmins on .
- MLA
- Ms Liz Kimmins
- Party at the time
- Sinn Féin
- Date
- 12 October 2026
- Type
- Debate contribution (made as a minister)
- Business
- Executive Committee Business
- Heading
- Water, Sustainable Drainage and Flood Management Bill: Consideration Stage
- Assembly identifier
- Official Report component 5785873
Read the official Assembly record
Text
I beg to move amendment No 1:
There are 15 amendments that, I believe, strengthen and clarify the Bill. The amendments reflect the detailed work carried out by the Committee for Infrastructure, the Office of the Legislative Counsel (OLC), the Examiner of Statutory Rules and officials in my Department. I thank all who were involved in the process for their efforts. I am extremely grateful for the support shown for the Bill. In particular, I thank the Committee for Infrastructure, including former Chairperson Peter Martin, for its positive engagement and thorough scrutiny of the Bill. During Committee Stage, the Committee engaged positively with officials, and, as a result, I tabled amendments to address any concerns that it had raised. I am pleased that the Committee has agreed to support the Water, Sustainable Drainage and Flood Management Bill, subject to my proposed amendments. Amendment Nos 1 and 2 widen the potential means of advertising a temporary use ban in clause 1. Clause 1 updates the list of activities that can be subject to a temporary use ban under article 116 of the Water and Sewerage Services (NI) Order 2006. The Committee asked whether clause 1 could be amended to include the use of social media in the advertising requirements for a temporary use ban in addition to giving notice in at least two newspapers circulating in the area and on the undertaker's website.
However, such exact wording would present a problem in how social media could be legally defined. Therefore, a slightly different terminology has been used to widen the scope of the advertising requirements to achieve the same result. Amendment Nos 1 and 2 to clause 1 will enable a water undertaker to give notice of the commencement or revocation of a temporary use ban
"by such further means as the undertaker considers appropriate."
That will give greater flexibility than specifying social media in the legislation, although social media will also be covered by the wording. The amendments provide for more widespread public awareness of any potential temporary use ban and, in all likelihood, greater compliance. Amendment Nos 3 to 9 amend clause 2 and better define the scope of the future processes for the approval of sustainable drainage systems (SuDS). Through the amendments, I have clarified that the approvers for sustainable drainage proposals will be either my Department or NI Water as the sewerage undertaker. An amendment has been drafted that will provide for the appointment of a body to carry out the approval role rather than a person. The body, which, as I have stated, will be either my Department or the sewerage undertaker, may act as approver and may also provide advice or guidance. As a result of that amendment, there are consequential amendments. For example, the references to "person" in clause 2 will be replaced with "body". The approval body may also provide advice on all things related to sustainable drainage systems for developers, industry etc. The suggested amendments will provide greater clarity and assurance on how SuDS approval will be delivered in the future. Amendment Nos 10 to 12 will amend clause 3, which provides supplementary detail on matters such as enforcement and penalties in relation to SuDS. Amendment No 10 provides for the use of the term "body", as with the previous amendments, and amendment Nos 11 and 12 provide supplementary powers in respect of fines referred to in new clause 3A and clarification of the Department's role in the provision of guidance. Amendment No 13 inserts new clause 3A to provide clarification on notices and offences. The definitive offences and penalties with regard to SuDS are given clarity in the Bill by the new clause, which provides for the specific offences and an express cap on penalties that may be imposed under clause 3(3). The amendments also further define the types of notices that may be used as part of the enforcement regime. Those include a temporary stop notice, an enforcement notice, a breach of conditions notice and a stop notice. The new clause also includes examples of some of the offences envisaged and any consequential amendments. The amendments allow for a fine not exceeding level 3 on the standard scale for obstruction of an authorised person who is exercising powers of entry and a maximum fine of £100,000 on summary conviction for the offence of failing to comply with a notice. The Minister of Justice has confirmed that she is content that the proposed criminal offences and penalties are consistent and proportionate and will not have a detrimental impact on the justice system. Amendment No 14 amends clause 6 to require that regulations made for a homeowner flood protection grant scheme should be subject to the draft affirmative resolution procedure. That will allow for greater Assembly control over any such regulations. Amendment No 15 amends clause 15 to require my Department to commence clauses 1 to 12 within 12 months of Royal Assent. The Committee had suggested that I consider an amendment to require my Department to lay a report before the Assembly that sets out the reasons for any delay in the commencement of those clauses. However, on reflection, I have concluded that that would be inappropriate and have instead proposed amendments that set definitive timings for commencement. That concludes my comments on the amendments. I thank Members for their contributions to date and look forward to receiving their support for the amendments.
902 words. Text as published by the Northern Ireland Assembly.
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