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MINUTES OF PROCEEDINGS OF THE COMMITTEE FOR AGRICULTURE AND RURAL DEVELOPMENT
17 NOVEMBER 2000
HELD IN ROOM 135 PARLIAMENT BUILDINGS

1. Minutes of Proceedings on 9 and 10 October
2. Matters Arising
3. Fisheries (Amendment) Bill
4. Matters Arising
5. Statutory Rules
6. Any Other Business
7. Date of Next Meeting

Present:Mr G Savage MLA (Deputy Chairman)
Mr B Armstrong MLA
Mr PJ Bradley MLA
Mr J Dallat MLA
Mr B Douglas MLA
Mr G Kane MLA
Mr G McHugh MLA
Mr I Paisley Jnr. MLA

Apologies:Dr IRK Paisley MP MEP MLA (Chairman)

In attendance:Mr M Wilson
Mr P Moore
Mrs R Barclay
Miss K Hewitt

In the Chairman's absence, the Deputy Chairman called the meeting to order at 10.10 and declared the meeting open to the public.

1. Minutes of proceedings on 9 and 10 October

1.1 Resolved: that the draft Minutes of Proceedings for 9 November were approved and those for 10 November were approved subject to a slight amendment regarding Mr Bradley's provision of a contact point for sheep farmers affected by the Silent Valley grazing ban.

Mr Armstrong attended the meeting at 10.15.

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2. Matters Arising

2.1 Silent Valley Sheep Grazing Ban. Mr Bradley furnished the Clerk with contact names and addresses as representatives of Silent Valley tenants.

2.2 Members agreed to consider the remaining matters arising after consideration of the Fisheries (Amendment) Bill.

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3. Fisheries (Amendment) Bill

3.1 DARD officials, Mrs Hilda Hagan and Mr Nigel Quinn, were called in and examined at 10.30.

Mr Douglas attended the meeting at 10.50.

3.2 The Committee deliberated. Resolved: that the Committee accepted the proposed definition and would therefore support the Department's proposed amendments.

3.3 The Committee considered Clause 1 sub-section 2.

Motion: The Committee considers that Clause 1 of the Fisheries (Amendment) Bill (NIA Bill 9/99) be amended as follows:

Page 1, line 4, leave out ("or on the foreshore") and insert ("Northern Ireland inshore waters").

[George Savage]

The question being put, the motion was carried without division.

3.4 The Committee considered Clause 1 sub-section 5.

Motion: The Committee considers that Clause 1 of the Fisheries (Amendment) Bill (NIA Bill 9/99) be amended as follows:

Page 2, line 2 at end insert -

("(5) For the purpose of this section -

  1. "Northern Ireland inshore waters" means the area adjacent to the coast of Northern Ireland and to the landward of a limit of 6 miles from the baseline from which the breadth of the territorial sea is measured, up to the mean high-water mark of ordinary spring tides; and
  2. "sea fisheries" includes any fishery within that area".")

[George Savage]

The question being put, the motion was carried without division.

3.5 The Committee re-considered Clause 1.

Motion: The Committee considers that Clause 1, as amended, should stand part of the Bill.

[Ian Paisley Jnr.]

The question being put, the motion was carried without division.

3.6 The Committee considered Clause 2 sub-section 5.

Motion: The Committee considers that Clause 2 of the Fisheries (Amendment) Bill (NIA Bill 9/99) be amended as follows:

Page 3, line 3, leave out subsection (5).

[George Savage]

The question being put, the motion was carried without division.

3.7 The Committee considered Clause 9.

Motion: The Committee considers that Clause 9 of the Fisheries (Amendment) Bill (NIA Bill 9/99) be amended as follows:

Page 4, line 31, leave out subsection (2) and (3).

[George Savage]

The question being put, the motion was carried without division.

3.8 The Committee reconsidered the amendment proposed by the RSPB to Clause 2 subsection 1, 1A (as it had agreed to adopt at the meeting on 6 October 2000).

3.9 Resolved: that the Committee accepted the Minister's view (as outlined in her letter of 16 November to the Committee) that the proposed amendment was unnecessary and would lead to an inconsistency with powers available in respect of boats. The Committee did not, therefore, propose this amendment.

3.10 The Committee deliberated on concerns raised by the Human Rights Commission in relation to Clause 2 of the Bill.

3.11 Resolved: that the Department would provide a copy of the legal advice provided to the Minister and that the Committee would consider this before deciding on whether to propose amendments.

3.12 The Committee questioned whether the Contents page and the Clause title (Clause 1) should be amended to reflect the change from "foreshore" to "Northern Ireland inshore waters". The DARD officials reported that advice received from the Office of Legislative Counsel was that it was not appropriate to do so.

3.13 Resolved: that DARD should confirm this position in writing to enable the Committee to assess whether additional amendments should be proposed.

3.14 The DARD Officials left the meeting at 11.10.

3.15 The Committee considered an outline draft input to the Report on the Bill.

3.16 Resolved: that the Committee's agreement to the Department's amendments, regarding the definition of the area covered by the Bill, would be best explained through a reference in the Report to the diagram used by DARD in its explanation to members. In addition, a copy of the diagram should be published as one of the Annexes to the Minutes of Evidence.

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4. Matters Arising

4.1 Members noted the Committee's letters of 13 November to DARD.

4.2 Programme for Government. Members considered a draft letter to the Minister and approved it for immediate issue, amended for the Deputy Chairman's signature.

4.3 Invitation to the Chancellor of the Exchequer. Members considered a draft letter to the Chancellor and approved it for immediate issue, amended for the Deputy Chairman's signature.

4.4 Cartel Allegations. Members considered a draft letter to the National Beef Association and one to the Office of Fair Trading and approved both for immediate issue, amended for the Deputy Chairman's signature.

4.5 Meeting with the Vision Group. Members considered the Department's reply on behalf of Mr Small regarding a possible date for the meeting. Resolved: that Wednesday 6 December was suitable for most members and that members were content with the proposal for a morning meeting, followed by lunch.

4.6 Silent Valley Grazing Ban. Mr Bradley queried whether or not the ban in force in the Silent Valley was for sheep alone or whether cattle were included. Resolved: that the Committee should seek clarification on this matter from the Department.

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5. Statutory Rules

5.1 Members deliberated on a Statutory Rule previously noted at pre-draft consultation stage.

5.2 The following question was put and agreed:

that the Committee for Agriculture and Rural Development has considered the Sheep Annual Premium (Amendment) Regulations (Northern Ireland) 2000 (SR 2000 no 301) and has no objection to the Rule.

5.3 Members noted the proposed Animal By-Products Order (Northern Ireland) 2001, as outlined in the Department's letter of 10 November.

5.4 Members considered the proposed Animal By-Products (Revocation) Regulations (Northern Ireland) 2001, as outlined in a letter from the Department of 10 November. Resolved: that the Department should proceed to make this Rule.

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6. Any Other Business

6.1 Mr Armstrong advised the Committee that the Better Regulation Task Force had issued its report and that it contained information relevant to some of the Committee's deliberations.

6.2 Resolved: that a copy of the Task Force's Report and the prime Minister's statement should be obtained for members for the next meeting.

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7. Date of the Next Meeting

7.1 The next meeting was agreed for Thursday 23 November at 10.00 in Room 152, moving to Room 135 at 13.30 if necessary (to consider draft reports on the pig and beef industries). The Committee would also meet as usual on Friday 24 November at 10.00 in Room 135 when the Fisheries (Amendment) Bill and the review of the Agricultural Wages Board will be discussed, along with usual business.

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