Debate contribution: Water, Sustainable Drainage and Flood Management Bill: Consideration Stage

Debate contribution by Mr Jonathan Buckley on 12 October 2026.

MLA: Mr Jonathan Buckley
Party at the time: Democratic Unionist Party
Date: 12 October 2026
Type: Debate contribution
Business: Executive Committee Business
Heading: Water, Sustainable Drainage and Flood Management Bill: Consideration Stage
Assembly identifier: Official Report component 5785917

Text

First, on a point of housekeeping, I apologise to the House for my not being in the Chamber for the start of the debate, particularly given the fact that I am the Committee Chair. I thank the Deputy Chair for stepping in at late notice to read out the Committee remarks. I was not a member of the Committee during its detailed scrutiny, so it was perhaps more appropriate for the Deputy Chair, who was there, to make those remarks. I make my remarks as the Democratic Unionist Party's spokesperson on infrastructure. The DUP supports the broad objectives of the legislation, because nobody can seriously dispute the need to improve water quality, strengthen flood resilience and modernise our drainage infrastructure to ensure that Northern Ireland is better prepared for not only drought conditions, such as those that we have seen recently, but periods of extreme rainfall. Those objectives are sensible and necessary. We have seen first-hand in recent years how flooding can have such a detrimental impact on local families, businesses and farmers. I reflect on Portadown in my constituency where that has undoubtedly been the case recently. The Bill has to be tailored in light of concerns around water capacity and waste water infrastructure, because both issues have become particularly acute as time has gone on. The challenge before us is not about whether action should happen or is required but about whether this particular legislation delivers that action in a practical, proportionate and affordable manner. The DUP took a constructive approach to its scrutiny of the Bill. The former Committee Chair Peter Martin, as mentioned, previously outlined that the legislation seeks to reduce pollution, strengthen resilience to floods and droughts, promote sustainable drainage systems and improve water resource management. Those aims command widespread support in the House, and, as a result of some of the Committee's draft amendments, some concerns were identified. As a party, we have always been consistent and have emphasised that environmental ambition must be matched by economic realism. Northern Ireland faces an unprecedented crisis in housing. Families are unable to access housing because waste water infrastructure has not kept pace with demand. Developers face uncertainty and delay, and communities are frustrated by decades of underinvestment in water and sewerage infrastructure. The DUP has consistently argued that resolving waste water constraints and facilitating housebuilding must remain a central priority for the Executive. Infrastructure policy should unlock development, not inadvertently create further barriers to it. Similarly, we are acutely aware of ongoing costs. At a time when households are already under significant pressure, farmers are facing uncertainty and businesses are continuing to wrestle with rising overheads, the Assembly must ensure that any new regulatory obligations do not simply transfer additional costs to homeowners, landowners or developers. Good legislation requires clarity about who pays and who is responsible for the obligations that will be enforced. One of the DUP's core concerns throughout the scrutiny of the Bill has been the extent to which significant matters are being left to future regulation. In a sense, the Bill provides the framework, but many of the detailed arrangements will emerge only through subordinate legislation at a later date. Whilst I have no fear or hesitation in saying that regulations undoubtedly have their place, Members should always be cautious when primary legislation delegates substantial policy decisions to Ministers and Departments. Notwithstanding those reservations, the DUP recognises the progress that was made through the Committee Stage and supports the continued passage of the Bill. I will now turn directly to some of the amendments. Amendment Nos 1 and 2 provide additional flexibility regarding the way in which temporary water use restrictions are communicated to the public. The DUP has absolutely no difficulty in supporting those amendments.
If Northern Ireland faces drought conditions or a serious rainfall shortage, it is entirely reasonable that Northern Ireland Water should have the flexibility to use modern communication methods to ensure that the public receive timely and accurate information. The effectiveness of restrictions depends on public awareness of them, and amendment Nos 1 and 2 are practical and proportionate.
Amendment Nos 3 to 10 and amendment No 12 largely relate to governance arrangements for sustainable drainage systems and clarify that approval functions can be exercised by a body such as the Department or a sewerage undertaker rather than by an individual person. The DUP understands the rationale behind the amendments and accepts the need for legal clarity. I stress again, however, that governance structures are only one part of the equation. The key questions remain those of accountability, capacity and cost. If Northern Ireland Water is expected to undertake additional responsibilities within the framework, it must be properly resourced to do so. It would be wholly unacceptable to place additional statutory responsibilities on an already overstretched organisation without giving it the necessary funding and operational support. Time and again, we ask agencies to do more work out of the same funding envelope. Members have to be acutely aware of that concern. Amendment No 11 will enable regulations to be made to substitute different financial amounts in future enforcement regimes. The DUP notes its inclusion and recognises the need for some flexibility in any regulatory framework. Powers relating to financial penalties should always be exercised cautiously, however. The Assembly should be careful to ensure that sanctions remain proportionate and are not used in a manner that imposes excessive burdens on households, businesses or developers acting in good faith. Amendment No 13 will introduce a new clause on notices and offences. It is undoubtedly the most significant amendment before the House. It will establish the framework for future enforcement notices, stop notices, temporary stop notices, offences and penalties, including fines of up to £100,000 on summary conviction and unlimited fines on indictment. The DUP accepts that legislation without enforcement mechanisms is often ineffective. Those who deliberately disregard obligations, create pollution risks or undermine flood management measures should face consequences. Enforcement powers must always be accompanied by safeguards, however. When we have such regimes in place, the ability to apply common sense is often lost. We therefore urge the Department to ensure that any future regulations are proportionate, transparent and fair. Particular care should be taken to distinguish between deliberate non-compliance and situations in which individuals or organisations have made genuine errors or acted without malicious intent. From dealings in their constituencies, Members will realise that, on many occasions, a genuine error has been made and that no one was deliberately at fault or intended any malice. We must bear that in mind as we prepare for all eventualities. Many people will be concerned to read the references to fines of up to £100,000 and unlimited penalties. Although such powers may be justified in the most serious cases, they must not become part of an overly bureaucratic system that discourages development or imposes unreasonable risks on those seeking to comply with the law. Amendment No 14 provides that regulations made under clause 6 must be approved by resolution of the Assembly before they can take effect. I welcome the amendment, because it goes to the heart of what I said earlier. Throughout its scrutiny of the Bill, the Committee highlighted concerns about the volume of matters that are left to subordinate legislation. For that reason, having enhanced Assembly oversight is a positive development. The Committee highlighted that during Committee Stage and will continue to engage on the matter throughout the rest of the legislative process. If Ministers are to exercise significant powers through regulations, it is only right that elected representatives have a meaningful opportunity to scrutinise and approve proposals before they become law. Amendment No 14 would strengthen accountability, so it merits support. Amendment No 15 would introduce a requirement relating to commencement within 12 months of the Bill's receiving Royal Assent. The DUP supports the principle behind that amendment. Too often, legislation progresses through the House, only for its implementation to drift. Setting clear expectations around commencement provides certainty for stakeholders and helps to ensure that the legislative intent is translated into practical delivery. In conclusion, the DUP, as I have noted throughout, supports the Bill in its current form. We support measures to strengthen flood resilience; action to improve water quality; and the wider use of sustainable drainage systems where they are practical and effective and deliver value for money. We also support the efforts to future-proof Northern Ireland's water infrastructure against the many challenges that it faces. However, policy must work in the real world. That means ensuring that costs remain proportionate; that housebuilding is facilitated, rather than hindered; that Northern Ireland Water is properly funded; that householders, businesses and developers are not burdened with unclear obligations; and that powers that are delegated to the Department remain subject to robust scrutiny in the House. Subject to all the concerns that I have highlighted, the DUP will continue to work and engage constructively with the Bill as it progresses through the House.

1,495 words. Text as published by the Northern Ireland Assembly.

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