I made the point very early in the debate that there were no circumstances under which I wanted to criminalise anyone for not wearing a cycle helmet. That was clearly instilled in the  

Bill. The Chairperson referred to that.I know that the Committee is under serious pressure, given that other pieces of legislation are coming through, but, because of the sensitive nature of the Bill, I am disappointed that more time could not have been taken to deliberate on it. Alistair Ross was honest enough to say that he was totally against the Bill. He talked about awareness and the general principles of the Bill, saying that it was well intentioned. He made a point that we all agree with: we want to see more people wearing cycle helmets. The figures are alarming. A 2008 survey indicated that on major roads, in built-up areas, 34% of adult cyclists and only 17% of child cyclists wore helmets. That is not good enough when it comes to trying to reduce the number of accidents on our roads. Mr Ross: Will the Member also acknowledge the argument that I made that countries such as the Netherlands and Denmark, where a very low proportion of cyclists wear helmets, have a much better cycling safety record. That leads Monday 31 January 2011 

Cyclists (Protective Headgear) Bill: Second Stage us to deduce that the argument is not about whether it should be a legal requirement to wear cycle helmet; it is about the awareness among the public and those who are driving cars and are sharing roads with cyclists. That is where the Assembly should focus, instead of going down the route of legislation, which, as I said, regardless of whether the Member intends it to or not, will criminalise people. Mr P Ramsey: It would not criminalise people; at most, people would receive a penalty notice. In the Netherlands, the Government have invested hugely in infrastructure. That is why the Netherlands has such a vast array of cycle lanes — far more than in any other European country. Danny Kinahan thought that my approach was reasonable. He was very sympathetic, particularly towards the families of those injured as a result of not wearing a cycle helmet. He was struck by some of the e-mails and testimonies. He made the point that wearing cycling headgear was very important. He also made the point that we should be taking time to give the Bill more consideration. That is what I was asking for from the very start. We talked about police enforcement. I was not totally won over by the argument that the police should enforce the legislation. Had somebody suggested another method of enforcement, such as a local government idea under the new structure, I would certainly have examined it. However, such suggestions would have been made when the Bill was going through its scrutiny stages. If somebody had tabled a reasonable amendment to the Bill, I would have considered it. When I and the Bills Office staff examined the issue of enforcement, the police seemed to be the obvious choice. I sensed, and Danny conceded this, that the Committee is so busy that it might not be able to take on something else. He talked about speed limits and alternatives to the Bill. We all agree about speed limits. While the Minister is here, I want to say that something has to be done in residential areas, such as imposing 20 mph limits to reduce the number of people, particularly children and old people, who, unfortunately, are at the wrong end of things when accidents occur. Trevor Lunn said that he would ensure that all of his grandchildren were well wrapped up when they went out on bicycles. He acknowledged that helmets can make a serious difference. There is no doubt that that is true. He said that there were a range of views on other matters and asked whether the Bill could be brought to a conclusion. I was not rushing the Bill through, expecting to get a definitive answer before the mandate was over. In fact, in private conversations that I had with a number of Members, I said that I was prepared to allow the Committee to take its time. If they had to wait until the next mandate, that might allow the Department to kick-in, if there were evidence available, about whether it is correct to proceed with the Bill. Mr Lunn talked about the Alliance Party being split on the subject, but he was generally supportive of Bill progressing to Committee Stage. Jonathan Bell felt that the debate is important. I know that he is intensely opposed to the £50 fine, but, having spoken to Michelle Donnelly, Sinead King and parents, I know that they would have paid that fine gladly, rather than have their children being injured. Indeed, Michelle and Sinead have championed the use of cycling helmets to ensure that other children wear them. Children are at a higher risk of injury from cycling accidents, and the vast majority of injuries occur not on roads but when children are outside their own houses and when they are getting on or off their bikes. That is the evidence that I have received, and the incident in Strabane, which left a three-year old girl in intensive care in Belfast, occurred after she came off her bike in her own back garden. The Assembly’s function is to scrutinise legislation. Jonathan made that point also, and that is why I want the Bill to proceed to its Committee Stage. If it does so, it can be scrutinised for the next six months, and we can find out who is right and who is wrong, and whether there is any conclusive evidence. Jonathan also made the point about better road safety and creating more cycle routes, and we all support that. We need investment for that, and, in my initial comments, I referred to the Programme for Government and the importance of encouraging greater participation in sports such as cycling. Cycling groups made the point that the Bill will have a detrimental effect on participation in cycling. However, the evidence that I saw is that participation rates stabilise after a period of time.Monday 31 January 2011 

Cyclists (Protective Headgear) Bill: Second Stage 

Conall McDevitt supported the Bill, and he is one of the key Members of the Assembly who is a cyclist. He raised the point that 90% of the budget for cycling in and around Belfast has been cut, which is worrying when we take on board some of the points that were made by other Members about trying to encourage greater participation in cycling. Conall also has a passion for 20 mph zones, as most Members do. We need to deal with that issue and I call on the Minister to take that up. I know that the jury is out with Conall as to whether we should go down the route of legislation, but he is clear about the need to get evidence and look at global, regional and local situations. There are arguments on both sides. We must examine all the evidence and not just whether it has a detrimental effect. We need to conduct a major case study, and the only way that that can happen is if the Bill progresses to Committee Stage. In contributing to the debate, the Minister of the Environment talked about this as being hotly debated subject matter, which it is. However, it is only hotly debated within cycling groups. I make the point again: the only people, who are objecting to the Bill, from the hundreds of consultation papers that were issued throughout Northern Ireland, were members of cycling groups. I received responses from district policing partnerships, local authorities, health authorities and surgeons across Northern Ireland who were supportive of the Bill. I say to the Minister that he should consult and take opinions from that community. District policing partnerships comprise councillors, community representatives and professional people, and the vast majority of those who responded to me supported the Bill. The Minister said that Members favour improving public health, and I certainly agree with that. However, and with this I will finish, I became involved in the all-party group on road safety when it commenced in the Assembly and, for personal reasons, I have a passion for road safety. Headway encouraged me to introduce the Bill, and I believe that the parents who have been in contact with me are correct: the best way to make our children safe is to have legislation to make them wear helmets. At the last minute, I appeal to Members not to agree on legislation but to agree to allow the general principle of the Bill to go to Committee and be scrutinised further so that professionals can study and gather evidence so that we can decide which side we are on.Question put. 

The Assembly divided: Ayes 20; Noes 18. 

AYES 

Mr Attwood, Mr D Bradley, Mrs M Bradley, Mr PJ Bradley, Mr Burns, Mr Callaghan , Mr Dallat, Dr Farry, Mr Gallagher, Mrs D Kelly, Mr Lunn, Mr A Maginness, Mr McCallister, Mr B McCrea, Mr McDevitt, Dr McDonnell, Mr McGlone, Mr P Ramsey, Ms Ritchie, Mr Wells.Tellers for the Ayes: Mr PJ Bradley and Mr A Maginness. 

NOES Mr S Anderson , Mr Armstrong, Mr Bell, Mr Boylan, Mr Butler, Mr T Clarke, Mr Girvan, Mr Hamilton, Mr Kinahan, Miss McIlveen, Ms Ní Chuilín, Mr Poots, Ms S Ramsey, Mr G Robinson, Mr Ross, Ms Ruane, Mr Storey, Mr Weir. Tellers for the Noes: Mr Bell and Mr Ross. 

Question accordingly agreed to:Resolved: 

That the Second Stage of the Cyclists (Protective Headgear) Bill be agreed. 

Adjourned at 8.52 pm