Northern Ireland Assembly Flax Flower Logo

COMMITTEE FOR THE ENVIRONMENT

MINUTES OF PROCEEDINGS
THURSDAY 10 SEPTEMBER 2009,
ROOM 144, PARLIAMENT BUILDINGS

Present:
Mr Roy Beggs
Mr Cathal Boylan (Deputy Chairperson)
Mr John Dallat
Mr Danny Kinahan
Mr Ian McCrea
Mrs Dolores Kelly (Chairperson)
Mr Alastair Ross
Mr Peter Weir

In Attendance:
Dr Alex McGarel (Assembly Clerk)
Mr Sean McCann (Assistant Clerk)
Mr Nathan McVeigh (Clerical Supervisor)
Mr Steven Mealey (Clerical Officer)

Apologies:
Mr Trevor Clarke
Mr Daithi McKay

The meeting began in public session at 10.34a.m.

1. Apologies

Apologies are listed above.

2. Matters Arising
Chairperson’s meeting with DOE Permanent Secretary:

The Chairperson informedmembers that she met, along with the Deputy Chair, with the Permanent Secretary and Departmental Management Board on 2 September and a note of the meeting was included in the meeting papers.

Agreed: That a letter is sent to the DOE asking for an update on the ongoing implementation of draft PPS21.

Mr Boylan joined the meeting at 10.45a.m.

Delivery Report for the Programme for Government:

The Chairperson informedmembers that a letter from the OFMdFM Committee Chair, a statement from OFMdFM and an end year Delivery Report for the Programme for Government had been included in meeting papers.

Agreed: That a letter is sent to OFMDFM asking for the date of the Take Note debate.

Declaration of Interests from Mr John Dallat:

The Chairperson informedmembers that a declaration of interests from Mr John Dallat was included in the meeting papers.

Clean Neighbourhood Legislation:

The Chairperson informedmembers that a copy of an e-mail from Cllr Tom Ekin in relation to Clean Neighbourhood Legislation had been included in meeting papers. Also included were copies of Research papers on corresponding legislation in the UK and ROI and the relationship between central and local government.

Agreed: That a letter is sent to Mr Ekin advising him of the Minister’s intention to bring forward clean neighbourhood legislation.

Agreed: That copies of the Research papers are forwarded to Mr Ekin and posted on the Committee’s webpage.

Taxis Act:

The Chairperson informedmembers that a letter to the Minister from Dawn Purvis MLA in relation to the implementation of the Taxis Act had been included in the meeting papers. Also included were 2 Departmental responses to Committee queries about the implementation of the Act and a note of a meeting between the Chair and representatives from Value Cabs and Fonacab.

Agreed: That a letter is sent to the DOE asking that officials brief the Committee at a future meeting on operators’ licences, fares, enforcement and commencement orders.

Agreed: That copies of the Departmental responses are forwarded to Value Cabs, Fonacab and Dawn Purvis MLA.

Agreed: That a letter is sent to the PSNI to ascertain their role in the enforcement of the Taxis Act.

Changes to the DOE’s Performance Service Agreement:

The Chairperson informedmembers that a letter from the DOE notifying the Committee of some proposed changes to the Department’s PSA following the PEDU review of the Planning Service had been included in meeting papers.

3. Local Government (Miscellaneous Provisions) Bill – Oral Evidence Session – Craigavon Borough Council
The following members declared an interest:

Dolores Kelly – Member of Craigavon Borough Council
Roy Beggs – Carrickfergus Borough Council
John Dallat – Coleraine Borough Council
Danny Kinahan – Antrim Borough Council
Peter Weir – North Down Borough Council, Vice President NILGA, member of Policy Development Panel A

Craigavon Borough Council officials briefed the Committee and answered members’ questions on the Local Government (Miscellaneous Provisions) Bill.

The main areas of the discussion were vesting powers, community planning and wellbeing, enabling powers and planning control.

Agreed: That a Research paper is requested on the comparison of the powers of the Auditor General with the powers of the Local Government Auditor.

4. Departmental briefing on bids submitted to DFP in the September Monitoring Round

Departmental officials briefed the Committee and answered members’ questions on bids submitted to DFP in the September Monitoring Round.

The main areas of discussion were the monitoring round process and timing, the shortfall in planning fees income, the Strategic Waste Investment Fund, ePIC and the nature of other ‘essential’ bids. Some members expressed dissatisfaction with the level of information that had been provided by the Departmental officials in relation to urgent capital bids for improvement works at Crawfordsburn Country Park and the Water Management Unit in Lisburn.

The Chairperson asked members if they supported the Department’s monitoring round bids.

The Committee divided.

AYES

Cathal Boylan
Ian McCrea
Alastair Ross
Peter Weir

NOES

Dolores Kelly
Roy Beggs
John Dallat
Danny Kinahan

The motion of support for the bids therefore fell.

Agreed: That the Committee, in general terms, supports the bid but that the Chairperson in the plenary debate reflects the concerns of some members regarding the timeliness of the information submitted to the Committee and the lack of some of the bid details.

Agreed: That a letter is sent to the DOE asking for further information in relation to the bids for refurbishment work at Crawfordsburn Country Park and the Water Management Unit in Lisburn.

Agreed: That Departmental officials brief the Committee on the ePIC project at the meeting on 17 September.

Agreed: That a Research paper is requested on the costs of e planning systems in other UK administrations.

5. Departmental briefing on the Consultation on draft regulations and guidance implementing the Environmental Liability Directive (ELD)

Departmental officials briefed the Committee and answered members’ questions on the draft regulations and guidance implementing the Environmental Liability Directive (ELD)

SR 2009/252 – The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009

Question put and agreed:

That the Committee for the Environment has considered SR 2009/252 – The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 and has no objection to the rule, subject to the ESR Report.

6. Inquiry into Climate Change update

The Chairperson informed members that they had been provided with the following information in relation to the Committee inquiry into climate change:

Agreed: That the information is incorporated into the Committee’s climate change inquiry report.

7. Statutory Rules
SR 2009/254 – European Communities Environmental Protection – Groundwater Regulations (NI) 2009

Question put and agreed:

That the Committee for the Environment has considered SR 2009/254 – European Communities Environmental Protection – Groundwater Regulations (NI) 2009 and has no objection to the rule, subject to the ESR Report.

SR 2009/257 – The Smoke Control Areas (Exempted Fireplaces) (Amendment) Regulations (Northern Ireland) 2009

Question put and agreed:

That the Committee for the Environment has considered SR 2009/257 – The Smoke Control Areas (Exempted Fireplaces) (Amendment) Regulations (Northern Ireland) 2009 and has no objection to the rule, subject to the ESR Report.

SR 2009/256 – The Planning (Fees) (Amendment) Regulations (Northern Ireland) 2009

That the Committee for the Environment has considered SR 2009/256 – The Planning (Fees) (Amendment) Regulations (Northern Ireland) 2009 and has no objection to the rule, subject to the ESR Report.

8. Proposals for Secondary Legislation
SL1 – Digital tachographs – downloading of data

Agreed: That Departmental officials are invited to a future Committee meeting to brief members on this proposal.

SL1 - Mobile air conditioning systems in passenger cars and vans

Agreed: That a written briefing is requested from the Department .

9. Departmental consultations

The Committee considered the following Departmental consultations:

Reform of the Planning System:

Agreed: That a copy of the synopsis of responses is requested and that Departmental officials are invited to brief the Committee at the meetings on 8 October and 5 November.

Local Government (Finance) Bill:

Agreed: That a copy of the synopsis of responses is requested.

Consultation on the Retrofitting of Mirrors on Heavy Goods Vehicles:

Agreed: That a copy of the synopsis of responses is requested

DFT Consultation on Review of the UK Domestic Drivers’ Hours Rules:
Agreed: That a copy of the synopsis of responses is requested and that Mr Seamus McMahon, Linwoods Bakery, is invited to a future Committee meeting to brief members.
Consultation on Private Member’s Bill to end Dual Mandates:

Agreed: That members reply individually to this consultation.

10. Forward Work Programme

Members noted the revised Committee Forward Work Programme.

Members noted the DOE Work Programme.

The Chairperson suggested that due to the Committee’s heavy work load it may be prudent to request a written briefing on the CAM Road landfill site planning application before seeking an oral briefing from the Department.

Agreed: That a written briefing on the CAM Road landfill planning application is requested from the Department

11. Correspondence

1. E-mail from Tom Ekin regarding the Clean Neighbourhoods legislation in Northern Ireland.

Agreed: That a copy of the e-mail is forwarded to the Department for comment.

2. DOE response to Letter from Newtownabbey Road Safety Committee in relation to meeting with Minister on 11 th June 2009 regarding withdrawal of funding from the Road Safety Council.

Agreed: That a copy of the response is forwarded to the Newtownabbey Road Safety Committee.

3. DOE response to Committees request for further information on Drain Disposal for waste food and fats.

Agreed: That a copy of the response is forwarded to Caterwaste Products Ltd.

4. DOE response regarding submission to Committee from River Faughan Anglers Ltd, “Environmental damage caused by appointed by Government Departments”.

Agreed: That a copy of the response is forwarded to River Faughan Anglers Ltd.

5. DOE response to correspondence from Mr David McNarry MLA, Deputy Chairperson for the Committee for Culture, Arts and Leisure townland names.

Agreed: That a copy of the response is forwarded to the Committee for Culture, Arts and Leisure.

6. DOE response to Mr David Gibson’s e-mail dated 26 th June regarding queries on his clay pigeon shoot.

Agreed: That a copy of the response is forwarded to Mr Gibson.

7. Memo from OFMDFM regarding Monitoring and Review Progress Report 2006-08 on Implementing the Gender Equality Strategy.

Agreed: That a copy of the report is forwarded to the DOE for comment on how they will deliver the actions identified for them.

8. Letter from DOE regarding their Business Plan 2009/10.

Agreed: That a Departmental briefing is requested for a future Committee meeting.

9. Letter from DOE regarding NIEA Corporate and Business Plan 2009 -12.

Agreed: That a Departmental briefing is requested for a future Committee meeting .

10. DOE response regarding Sammy Wilson’s proposed meetings with RHA and FTA regarding the Goods Vehicles (Licensing of Operators) Bill.

Agreed: That a copy of the response is forwarded to the Road Haulage Association and Freight Transport Association for their information.

11. E-mail from Committee for Finance and Personnel regarding dates for Departmental returns for 3 remaining monitoring rounds in 2009/10 and the subsequent Ministerial statement on the outcome.

Agreed: That a Departmental briefing is requested for a future Committee meeting.

12. Letter from DOE in relation to the publication of Planning Policy Statement 18.

Agreed: That Departmental officials are invited to a future Committee meeting to brief members on this issue.

12. Any other business

The Chairperson informed members that Committee staff will be in contact finalising arrangements for the European Commission Office visit to Brussels on 4-6 October.

Mr Boylan raised the issue of the North/South Interconnector.

Agreed: That an update on the North/South Interconnector planning application is requested from the DOE.

13. Date, time and place of next meeting

The next meeting will be held on Thursday, 17 September 2009 at 10.30am in Room 144, Parliament Buildings.

The Chairperson adjourned the meeting a 1.15p.m.

Dolores Kelly
Chairperson, Committee for the Environment
17 September 2009

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