COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
THURSDAY 13 JANUARY 2011,
ROOM 144, PARLIAMENT BUILDINGS

Present:
Mr Cathal Boylan (Chairperson)
Mr Thomas Buchanan
Mr Willie Clarke
Mr John Dallat
Mr Danny Kinahan
Mr Patsy McGlone
Mr Alastair Ross
Mr George Savage
Mr Peter Weir
Mr Brian Wilson

In Attendance:
Dr Alex McGarel (Assembly Clerk)
Mr Sean McCann (Assistant Clerk)
Mr Nathan McVeigh (Clerical Supervisor)
Ms Antoinette Bowen (Clerical Officer)

Apologies:

The meeting began in public session at 10.03a.m.

1. Apologies

There were no apologies.

2. Minutes

The minutes of the meeting on 16 December 2010 were agreed.

3. Matters Arising

Mr Buchanan joined the meeting 10.04a.m.

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on the disposal of sewage sludge on land.

Agreed: That a meeting between several members of the Committee and the Department is arranged to discuss this issue and that a letter is sent to the Department expressing the Committee’s disappointment with this response.

Members noted a Departmental reply to Committee queries on the precautionary principle.

The Chairperson informed members that they had been provided with a copy of the Departmental programme of work January – March 2011.

Agreed: That a letter is sent to the Department asking what areas of work in the programme for January – March 2011 have been carried over from the previous programme of work.

Members noted a Departmental reply to Committee queries on an infraction case relating to transposition of the Wild Birds Directive.

Mr Wilson joined the meeting at 10.15a.m.

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries following a meeting that several members held with the North West Region Waste Management Group.

Agreed: That a letter is sent to the Department asking if all procedures were properly followed in reaching a decision to approve the Cam Road planning application.

The Chairperson informed members that they had been provided with a Ministerial letter regarding his statement on local government and planning reform and a copy of his letter on the same issue to the Speaker.

Agreed: That a letter is sent to the Department asking why the decision was made to transfer staff from the Craigavon office to Downpatrick and how many staff are affected by this decision. The Committee would also like more information on proposed staff changes from Downpatrick to Belfast including the numbers involved, an explanation for the moves and an assessment of the impact on the individuals and wider issues such as adding to traffic congestion.

Members noted a Departmental reply to Committee queries following the Department’s briefing on the December Monitoring Round.

The Chairperson informed members they had been provided with a Departmental reply to correspondence from the Real Network on funding to Disability Action.

Agreed: That a copy of the response is forwarded to the Real Network and Disability Action for information.

The Chairperson informed members that they had been provided with a reply from DFP regarding the Aggregates Levy Credit Scheme.

Agreed: That the response is forwarded to QPANI for information.

Mr Weir joined the meeting at 10.30a.m.

Members noted a Ministerial reply in relation to informal meetings with Departmental officials.

The Chairperson informed members that they had been provided with a copy of Mr Kinahan’s proposed amendment to the Waste and Contaminated Land Bill. Mr McGlone provided the Committee with an article on recycling rates.

Agreed: That the information from the Institute of Civil Engineers on recycling is forwarded to the Department for comments on what work the Department is carrying out to address the issues raised within the article.

4. Clean Neighbourhoods and Environment Bill – formal clause by clause consideration –Parts 4 – 8 and schedules

Mr McGlone left the meeting at 10.35a.m.

The Chairperson informed the Committee that at the meeting on 16 December 2010 the Committee agreed Clauses 4, 7 and 22 in Parts 2 and 3 of the Bill subject to amendments making the regulations in these clauses to alter the level of fixed penalty fines subject to draft affirmative procedure. The Committee had been provided with a copy of the amendments.

Agreed: That the Committee is content with the proposed amendments to Clauses 4, 7 and 22.

The Chairperson informed members that he would ask them to come to a decision on Clauses 16 and 21 which had been deferred form the meeting on 16 December 2010.

Clause 16 – litter offence: fixed penalty notice.

The Chairperson asked members if they were content with the Clause as drafted.

The Committee divided.

AYES	NOES
Peter Weir	Cathal Boylan
Thomas Buchanan	Willie Clarke
Alastair Ross	John Dallat
George Savage	Brian Wilson

Agreed: That the Committee is content with the Clause as drafted.

Clause 21 – controls on free distribution of printed matter

Agreed: That the Committee is content with Clause 21 as drafted.

The Chairperson informed members that the Committee now needed to formally consider Parts 4 – 8 of the Bill starting at Clause 26.

Clause 26 - Penalty notices for graffiti and fly-posting

Agreed: That the Committee is content with Clause 26 subject to the amendment proposed by the Department to allow councils to deal more effectively with graffiti and flyposting.

Agreed: That the Committee makes a recommendation in its report that councils are encouraged to provide flyposting sites.

Clause 27 - Amount of penalty

Agreed: That the Committee is content with Clause 27 subject to the amendment proposed by the Department to make the power to alter the amount of fixed penalty specified on the face of the Bill subject to draft affirmative procedure.

Clause 28 – Penalty notices: power to require name and address

Agreed: That the Committee is content with Clause 28 as drafted.

Mr McGlone rejoined the meeting at 10.45a.m.

Clauses 29 - 30 – Penalty receipts and Guidance

Agreed: That the Committee is content with Clauses 29 -30 as drafted.

Clause 31 – Defacement removal notices

Agreed: That the Committee is content with Clause 31 subject to the amendment proposed by the Department to allow councils to deal more effectively with graffiti and flyposting.

Clauses 32 - 35 – Recovery of expenditure, Guidance, Appeals and Exemption from liability in relation to defacement removal notices

Agreed: That the Committee is content with Clauses 32 - 35 as drafted.

The Chairperson informed members that the Department had indicated its intention to strengthen Part 4 of the Bill to allow district councils to deal more effectively with graffiti and flyposting and that it intends to achieve this by inserting a new clause after Clause 35.

New Clause

Agreed: That the Committee is content with the New Clause to be inserted after Clause 35 to allow councils to deal more effectively with graffiti and flyposting.

Clause 36 – Sale of aerosol paint to children

Mr Dallat left the meeting at 10.55a.m.

Agreed: That the Committee is content with Clause 36 as amended by the Department to raise the limit below which it is illegal to sell aerosol paints to 18.

Clause 37 – Unlawful display of advertisements

Agreed: That the Committee is content with Clause 37 as drafted.

Mr Weir left the meeting at 10.55a.m.
Mr Wilson left the meeting at 10.55a.m.
Mr McGlone left the meeting at 10.57a.m.

The Chairperson informed members that the Department had indicated its intention to strengthen Part 4 of the Bill to give councils improved information-gathering powers and that it intends to achieve this by inserting a new clause after Clause 37.

New Clause

Agreed: That the Committee is content with the New Clause to be inserted after Clause 37 to give councils more information-gathering powers.

Clauses 38 – 41 - Power to make dog control orders, Dog control orders: supplementary, Land to which this Part applies and Fixed penalty notices for contravention of dog control order

Agreed: That the Committee is content with Clauses 38 - 41 as drafted.

Clause 42 – Amount of fixed penalties

Agreed: That the Committee is content with Clause 42 subject to the amendment proposed by the Department to make the power to alter the amount of fixed penalty specified on the face of the Bill subject to draft affirmative procedure.

Clauses 43 – 44 - Power to require name and address and Byelaws

Agreed: That the Committee is content with Clauses 43 - 44 as drafted.

The Chairperson informed members that the Department had indicated its intention to strengthen Part 5 of the Bill to give councils improved information-gathering powers. It intends to achieve this by inserting a new clause after Clause 44.

New Clause

Agreed: That the Committee is content with the New Clause to be inserted after Clause 44 to give councils more information-gathering powers.

Clauses 45 – 49 - Designation of alarm notification areas, Withdrawal of designation, Notification of nominated key-holders, Nomination of key-holders and Offences under section 47: fixed penalty notices

Agreed: That the Committee is content with Clauses 45 - 49 as drafted.

Clause 50 – Amount of fixed penalty

Agreed: That the Committee is content with Clause 50 subject to the amendment proposed by the Department to make the power to alter the amount of fixed penalty specified on the face of the Bill subject to draft affirmative procedure.

Clauses 51 and 52 - Use of fixed penalty receipts and fixed penalty notices: power to require name and address

Agreed: That the Committee is content with Clauses 51 and 52 as drafted.

Mr Weir rejoined the meeting at 11.08a.m.

Clause 53 – Power of entry

Agreed: That the Committee is content with Clause 53 as drafted.

Clauses 54 – 57 - Warrant to enter premises by force, Powers of entry: supplementary, Interpretation of this Chapter, Dealing with noise at night

Agreed: That the Committee is content with Clauses 54 - 57 as drafted.

Clause 58 – Noise offences: fixed penalty notices

Agreed: That the Committee is content with Clause 58 subject to the amendment proposed by the Department to make the power to alter the amount of fixed penalty specified on the face of the Bill subject to draft affirmative procedure.

Clause 59 – Extension of Noise Act 1996 to licensed premises etc.

Agreed: That the Committee is content with Clause 59 as drafted.

Clause 60 – Statutory nuisances

Agreed: That the Committee is content with Clause 60 subject to the amendments proposed by the Department to expand the definition of ‘owner’ in Clause 65 to the whole of Part 7.

Mr McGlone rejoined the meeting at 11.15a.m.

Mr Dallat rejoined the meeting at 11.15a.m.

Clause 61 – Duty of district council to inspect for statutory nuisance

Agreed: That the Committee is content with Clause 61 as drafted.

Clauses 62 – 64 Summary proceedings for statutory nuisances, Abatement notice in respect of noise in the street and Supplementary provisions,

Agreed: That the Committee is content with Clauses 62 - 64 as drafted.

Clause 65 – Expenses recoverable from owner to be a charge on premises,

Agreed: That the Committee is content with Clause 65 subject to the amendment proposed by the Department to expand the definition of ‘owner’ in this clause to the whole of Part 7.

Clauses 66 - 68 - Payment of expenses by instalments, Summary proceedings by persons aggrieved by statutory nuisances and Application of this Part to Crown

Agreed: That the Committee is content with Clauses 62 - 68 as drafted.

Clause 69 - 71 - Use of penalty receipts, Offences relating to pollution etc.: penalties on conviction and Offences by bodies corporate

Agreed: That the Committee is content with Clauses 69 - 71 as drafted.

Clause 72 – Regulations and orders

Agreed: That the Committee is content with Clause 72 subject to the amendments proposed by the Department to make the powers to alter the amount of fixed penalty specified on the face of the Bill subject to draft affirmative procedure.

Clauses 73 - 76 -, Interpretation, Minor and consequential amendments and repeals, Commencement and Short title.

Agreed: That the Committee is content with Clauses 73 - 76 as drafted.

Schedules 1 – 4 Application of the Noise Act 1996 to licensed premises etc., Statutory nuisances: supplementary provisions, Minor and consequential amendments and Repeals

Agreed: That the Committee is content with Schedules 1-4 as drafted.

Long title

Agreed: That the Committee is content with the Long Title as drafted.

The Chairperson informed members that this concluded formal clause by clause consideration of the Clean Neighbourhoods and Environment Bill and that a draft Committee report would be brought back to the Committee for consideration at the meeting on 27 January 2011.

5. Departmental briefing on Budget 2011 – 2015

Departmental officials briefed the Committee and answered member’s questions on Budget 2011 – 2015 .

Mr Wilson rejoined the meeting at 11.34a.m.
Mr Kinahan joined the meeting at 12.00p.m.

Mr Clarke declared an interest as a member of Down District Council.
Mr Kinahan declared an interest as an owner of a Grade A listed building.

The main areas of discussions were the reduction in posts across the Department, the potential income from a plastic bag levy, Road Safety funding, the funding of NGOs and the impact of the budget on climate change and carbon reduction commitments.

Agreed: That a letter is sent to the Department asking for a more detailed breakdown of the Proposed Current Expenditure by Departmental Business Areas.

Agreed: That Departmental officials would provide the Committee with a breakdown of funding to NGOs and a breakdown of the business areas affected by the proposed redeployment of staff and the impact on front line services.

6. Assembly Research briefing on Planning Bill – Parts 1 and 2 – Planning Functions and Local Development Plans

The Chairperson informed members that they had been provided with a Bill timeline, a letter from Craigavon Borough Council about the timing of the Bill and a list of organisations who have asked for an extension to the deadline for submissions.

Agreed: That members are content with the proposed timeline for the Committee stage of the Bill including a stakeholder event.

The Chairperson informed members that, due to time pressures, the Committee would consider the remaining items of business before recommencing the meeting after lunch in Room 21.

7. Proposals for secondary legislation

SL1 – The Planning (General Development) (Amendment) Order (NI) 2011

Agreed: That the Committee is content for the Department to proceed with the policy.

SL1 – Marine licensing under the Marine and Coastal Access Act 2009 and NI Marine Task Force views on exempted activities

Agreed: That the views of the Northern Ireland Marine Task Force are forwarded to the Department for comment on the concerns raised before reaching a decision.

8. Statutory Rules

SR 2010/412 – Control of Pollution (Oil Storage) Regulations (NI) 2010

Agreed: That the Committee for the Environment has considered SR 2010/412 – Control of Pollution (Oil Storage) Regulations (NI) 2010 and has no objection to this rule subject to the Examiner of Statutory Rules report.

SR 2010/410 - Local Government Pension Scheme (Amendment No 2) Regulations (NI) 2010 – United Dairy Farmers’ E mail to Committee and letter to Minister

Mr Savage declared an interest as a member of the Ulster Diary Farmers.

Agreed: That a Departmental briefing on the Rule is arranged for the meeting on 20 January 2011.

9. Consultations

Draft Regulations and Guidance to give effect to the Local Government Finance Bill

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

Consultation on Landfilling of certain wastes – Departmental response to Committee queries

Agreed: That the Committee is content for the Department to proceed with this policy.

10. Correspondence

Letter from Arlene Jamieson (Air Quality Officer Belfast City Council) in response to the Committee research paper on NO2 Levels in the Short Strand.

Agreed: That the letter is forwarded to Belfast City Airport Watch.

Request from the Forum of Renewable Energy Development in Northern Ireland (FREDNI) to brief the Committee re matters in the Renewable Energy Industry.

Agreed: That a meeting is arranged between several members of the Committee and FREDNI.

Departmental response to the Committee for Regional Development regarding a memoranda of understanding between the DOE and the Utility Regulator and DOE and DRD.

Agreed: That the response is forwarded to the Committee for Regional Development.

Draft memo and response to the OFMdFM Committee request for the Committee to provide a report of the European issues considered by the Committee in 2010.

Agreed: That the report is submitted to the OFMdFM Committee.

Copy of Assembly Research on cross departmental rural development issues.

Agreed: That the research paper is forwarded to the Department for comment in the areas identified as being its responsibility.

Members noted the following correspondence:

Copy of letter from the DETI Minister to the ETI Committee Chair re the Carbon Dioxide Directive.

Copy of Advice NI Annual Report and Membership Profile Report.

Copy of Hansard report – Child Poverty Strategy and Childcare Strategy.Copy of Ripple News – Edition 6, 2010.

Copy of Meta Morphosis Newsletter.

Letter to advise the approval of planning application C/2009/0143/F – Non-Hazardous Landfill site Cam Road, Co Londonderry.

Correspondence from Dungannon and South Tyrone Borough Council regarding the Illegal Disposal of Laundered Diesel Waste.

Letter to inform Committee of the consultation – Transposition of EC Directive 2009/90/EC on the technical specifications for chemical analysis and monitoring water status.

Briefing paper – George Best City Airport Noise Report 2009 – Key Points.

Copy of NEBOSH News Update – issue 1.

Departmental response to correspondence from Bell Architects Ltd regarding the Code for Sustainable Homes.

Letter of invitation to the Minister to attend the Newtownabbey Road Safety Committee ‘Primary Schools Quiz, funded by Newtownabbey Council and Mayor.

11. Date, time and place of next meeting

The next meeting will be held on Tuesday 18 January 2011 at 10.00a.m in the Senate Chamber, Parliament Buildings.

The Chairperson suspended the meeting at 1.32p.m.

The meeting restarted in Room 21 in public session at 2.02p.m. with the following members present:

Mr Boylan
Mr Willie Clarke
Mr Kinahan
Mr Savage
Mr Weir
Mr Wilson

12. Assembly Research briefing on Planning Bill – Parts 1 and 2 – Planning Functions and Local Development Plans

Assembly Research briefed the Committee and answered members’ questions on Planning Bill – Parts 1 and 2 – Planning Functions and Local Development Plans.

Mr Weir left the meeting at 2.10p.m.
Mr McGlone rejoined the meeting at 2.25p.m.
Mr Kinahan left the meeting at 2.25p.m.

The main areas of discussions were spatial planning, independent examination of local development plans, training and guidance and the rollout of subordinate legislation.

12.Departmental briefing on Planning Bill – Parts 1 and 2 – Planning Functions and Local Development Plans

Departmental officials briefed the Committee and answered member’s questions onPlanning Bill – Parts 1 and 2 – Planning Functions and Local Development Plans.

Mr Clarke left the meeting at 2.55p.m.
Mr Savage left the meeting at 2.57p.m.

The main areas of discussions were Local Development Plans, the timeframe for the reform of local government, training and guidance.

The Chairperson adjourned the meeting at 3.01p.m.

Cathal Boylan
Chairperson, Committee for the Environment
20 January 2011

16 December 10 / Menu