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COMMITTEE FOR REGIONAL DEVELOPMENT
MINUTES OF PROCEEDINGS
WEDNESDAY 1 DECEMBER 2010
ROOM 21, PARLIAMENT BUILDINGS

Present:
Fred Cobain MLA (Chairperson)
Michelle McIlveen MLA (Deputy Chairperson)
Billy Armstrong MLA
Cathal Boylan MLA
Allan Bresland MLA
Billy Leonard MLA
Anna Lo MLA
Fra McCann MLA
Conall McDevitt MLA
George Robinson MLA

In Attendance:
Roisin Kelly (Assembly Clerk)
Trevor Allen (Assistant Assembly Clerk)
Andrew Larmour (Clerical Supervisor)
Alison Ferguson (Clerical Officer)

Apologies:
Ian McCrea MLA

The meeting commenced at 10.37am in open session.

Members noted papers which were tabled for consideration later in the meeting.

1. Apologies

Apologies are detailed above.

2. Draft Minutes of meeting held on 24 November 2010

Agreed: The minutes were agreed for publication on the Assembly’s website.

3. Matters Arising

  • Agreed: Members noted correspondence from the Department for Regional Development on the Armed Forces and Veterans Bill agreed to forward the correspondence to the Committee for the Office of the First Minister and deputy First Minister.
  • Members noted correspondence from the Department for Regional Development, in relation to providing future briefings on the draft Water Resource Management Plan (WRMP), the public consultation on the review of existing properties not served by a water main, and the public consultation on Northern Ireland Water’s Code of Practice for Work on Private Land.
  • Members noted correspondence from the Mr John Corey, in relation to the use of consultants by Northern Ireland Civil Service departments.
  • Members noted correspondence from the Department for Regional Development to a member of the public in relation to speed limit signs on roads.
  • Members noted correspondence from the Department for Regional Development to the Environment Committee in relation to the implications that the precautionary principle has on the work of the Department.
  • Members noted correspondence from the Department for Regional Development providing commentary evidence on the clauses, relevant to the Department for Regional Development, of the Environment Committee’s Clean Neighbourhoods and Environment Bill.
  • Members noted correspondence from the Committee for Finance and Personnel in relation to Ministerial correspondence on the draft Budget 2011-15.
  • Members noted correspondence from the Committee for Finance and Personnel in relation to the Aggregates Levy Credit Scheme.
  • Members noted correspondence from the Department for Regional Development in relation to the A6 Randalstown to Castledawson dualling scheme.
  • Agreed: Members noted correspondence from the Utility Regulator on its Cost and Performance Report on Northern Ireland Water and agreed to schedule a briefing from the Utility Regulator on this issue .
  • Agreed: Members noted correspondence from the Department on its public consultation on Rail Passengers’ Rights and Obligations (Exemption) Regulations (Northern Ireland) 2011 and agreed to schedule a briefing on the outcome of the consultation, following its completion .

4. The Transport Bill

Agreed: The Committee noted a paper from Assembly Research Services on the use of audio visual technologies on public transport and agreed to request a briefing on the paper during the Committee’s transport engagement event in January 2011.

The Committee noted an update paper on the meeting of Committee staff and Departmental officials, on 25 November 2010, on Members’ outstanding issues of concern.

Members noted that Departmental officials are in the process of drafting a number of amendments to the Bill for consideration at the meeting of 8 December 2010.

The Committee also noted that work is ongoing with the Consumer Council to secure written assurance in relation to consultation with local councils as it develops its transport work programme.

Agreed: The Committee noted a paper from Assembly Research Services on the Mental Health (Northern Ireland) Order 1986.

The Committee considered the information received on the clauses in the Transport Bill..

Clause 1 - Provision of passenger transport

Agreed: The Committee noted that the Department has agreed to the Committee’s recommendation to amend clause 1(1). The Committee agreed that it was content with the information received to date on this clause and agreed to consider the draft amendment to clause 1(1) at the meeting of 8 December 2010.

10.56am Mr Robinson joined the meeting.

Clauses 2 to 5

Agreed: The Committee agreed that it was content with the information received to date on these clauses.

Clause 6 – Matters to which Department must have regard

Agreed: The Committee noted that the Department has agreed to the Committee’s recommendation to amend clause 6(2). The Committee agreed that it was content with the information received to date on this clause and agreed to consider the draft amendment to clause 6(2) at the meeting of 8 December 2010.

Clause 7 – Duration

Agreed: The Committee noted that additional information has been requested on the provisions of clause 7(6)(b) with reference to clause 2(2) of the Mental Health (Northern Ireland) Order 1986. Members also noted a research paper on this matter. The Committee agreed to defer consideration of this clause to the meeting of 8 December 2010, pending clarification on clause 7(6)(b).

Clauses 8 to 9

Agreed: The Committee agreed that it was content with the information received to date on these clauses.

Clause 10 – Revocation, suspension and curtailment of permits

Agreed: The Committee noted that the Department has agreed to the amend clause 10(1) to include conviction for the offence under the National Minimum Wage Act as cause for revocation, suspension and curtailment of permits. The Committee agreed that it was content with the information received to date on this clause and agreed to consider the draft amendment to clause 10(1) at the meeting of 8 December 2010.

Clause 11 - Disqualification

Agreed: The Committee agreed that it was content with the information received to date on this clause.

Clause 12 – Revocation, disqualification, etc.: supplementary provisions

Agreed: The Committee noted that the Department has agreed to the amend clause 12(1) to include a provision to ensure that, in cases where permits are not renewed because the routes in question are to be included in the network, that permit holders have access to an inquiry and an appeal mechanism. The Committee agreed that it was content with the information received to date on this clause and agreed to consider the draft amendment to clause 12(1) at the meeting of 8 December 2010.

Clause 13 - Fees

Agreed: The Committee agreed that it was content with the information received to date on this clause.

Clause 14 – Permits not to be transferrable

The Committee noted that additional information has been requested on the provisions of clause 14(2) with reference to clause 2(2) of the Mental Health (Northern Ireland) Order 1986. Members also noted a research paper on this matter, referred to at clause 7 above. The Committee agreed to defer consideration of this clause to the meeting of 8 December 2010.

Clauses 15 to 22

Agreed: The Committee agreed that it was content with the information received to date on these clauses.

Clauses 23 to 24

The Committee noted that an undertaking has been sought from the Consumer Council that it specifically engages with NILGA and the local councils in developing its forward work programme. The Committee agreed to defer consideration of this clause to the meeting of 8 December 2010, pending clarification on this issue.

Clauses 25 to 42

Agreed: The Committee agreed that it was content with the information received to date on these clauses.

Clause 43 – Shared transport facilities

Agreed: The Committee noted its proposed amendment to clause 43(2), to amend the regulation making mechanism at clause 43(2) from negative to affirmative, on shared services will be made at clause 46. The Committee agreed that it was content with the information received to date on this clause and agreed to consider the draft amendment to clause 46 at the meeting of 8 December 2010.

Clause 44 – Application of Act of partnerships

Agreed: The Committee agreed that it was content with the information received to date on this clause.

Clause 45 – Supplementary provisions

Agreed: The Committee noted that additional information from the Assembly Examiner of Statutory Rules was expected in relation to this clause. The Committee agreed that it was content with the information received to date on this clause and agreed to defer consideration of the clause to the meeting of 8 December 2010.

Clause 46 – Regulations – general

Agreed: The Committee noted its proposed amendment to clause 46 to amend the regulation making mechanism from negative to affirmative for the creation of criminal offences. The Committee agreed that it was content with the information received to date on this clause and agreed to consider the draft amendment to clause 46 at the meeting of 8 December 2010.

Clause 47 – Interpretation

Agreed: The Committee noted that the Department wishes to amend clause 47(1) to include examiners appointed by DOE within the definition of “authorised persons”. The Committee agreed that it was content with the information received to date on this clause and agreed to consider the draft amendment to clause 47(1) at the meeting of 8 December 2010.

Clauses 48 to 50

Agreed: The Committee agreed that it was content with the information received to date on these clauses.

Schedules 1 and 2

Agreed: The Committee agreed that it was content with the information received to date on these schedules.

Agreed: The Committee agreed that its decisions on the clauses of the Bill be reflected in the Committee’s report on the Transport Bill.

Agreed: The Committee agreed to consider the draft text of amendments, to take forward formal clause by clause scrutiny of the Transport Bill, and to consider the revised draft of the Committee’ report on the Bill, at its meeting of 8 December 2010.

5. Committee consideration and response on the Department’s December monitoring round

11.13am The meeting moved into closed session.

Members noted the Department for Regional Development ’s submission to the December 2010 Monitoring Round, which had been marked as restricted by the Department.

Agreed: Members agreed a response to the Department, subject to agreed amendments, on the Department for Regional Development’s December 2010 Monitoring Round position. The Committee also agreed to request a Departmental briefing on the technical elements contained in the submission.

11.47am The meeting returned in open session.

6. Subordinate Legislation

Members noted the following Departmental proposals to make subordinate legislation:

  • The Parking Places (Disabled Persons’ Vehicles) Amendment No. 9) Order (Northern Ireland) 2010;
  • The Parking Places on Roads (Residents’ Parking Zone, Londonderry) Order (Northern Ireland) 2011;
  • The Parking Places on Roads (Residents’ Parking Zone, Antrim) Order (Northern Ireland) 2011;
  • The Prohibition of Traffic (O’Neill’s Entry, Carnlough) Order (Northern Ireland) 2011;
  • The Harris Crescent, Dunmurry (Abandonment) Order (Northern Ireland) 2011;
  • The One-Way Traffic (Londonderry) (Amendment) Order (Northern Ireland) 2011;
  • The Shipquay Place, Londonderry (Footway) (Abandonment) Order (Northern Ireland) 2011; and
  • The Parking Places on Roads (Enniskillen) Order (Northern Ireland) 2011.

Members noted that the SL1 memos from the Department on the above proposals made no reference to their having been the subject of a public inquiry. Members noted that the Department has confirmed that the police service and relevant local councils affected by the above proposals have been informed, and the Committee office has not received any comments from the relevant councils regarding these policy proposals.

Members considered the following Departmental proposals to make subordinate legislation, which were noted at the Committee meeting on 24 November 2010:

  • The Prohibition of Left-Hand Turn (Belfast) Order (Northern Ireland) 2011;
  • The Waiting Restrictions (Newry) (Amendment No.2) Order (Northern Ireland) 2011;
  • The Parking and Waiting Restrictions (Armagh) (Amendment) Order (Northern Ireland) 2011;
  • The Prohibition of Traffic ( Dunluce Street, Larne) (Revocation) Order (Northern Ireland) 2010; and
  • The Traffic Weight Restriction ( Church Place, Lurgan) Order (Northern Ireland) 2011.

Agreed: Members agreed that the Committee would write to the Department, indicating that it was content with the policy merits of these SL1s.

7. Correspondence

  • Agreed: Members noted correspondence from the Finance and Personnel Committee on the Confederation of British Industry’s (CBI) revenue raising proposals and agreed to consider the correspondence as part of the Committee’s work on Budget 2010.
  • Members noted correspondence from the Committee for the Office of the First Minister and deputy First Minister in relation to European issues.
  • Agreed: Members noted correspondence from Sustrans on priorities for transport elements of the budget and agreed to consider the correspondence as part of the Committee’s work on Budget 2010.
  • Members noted correspondence from the Committee for the Office of the First Minister and deputy First Minister in relation to the role and work of the Northern Ireland Executive Office in Brussels.
  • Agreed: Members noted correspondence from the Committee for the Office of the First Minister and deputy First Minister in relation to child poverty and agreed to consider a draft response, to the OFMDFM Committee, at the meeting of 15 December 2010.

Members noted an invitation from Belfast Healthy Cities to its annual general meeting on 8 December 2010 .

Members noted Sustans’ monthly newsletter for November 2010.

Members noted the following press releases :

  • DRD News Release – “Roads Minister announces road works embargo for Christmas period – Eastern Division”;
  • DRD News Release – “Progress on £1.5 Million investment in Moyle”;
  • DRD News Release – “Roads Minister announces road works embargo for Christmas period – Derry”; and
  • DRD News Release – “Progress on £6.2 Million investment in Ballymena”.

8. Any Other Business

Forward Work Programme
Agreed: Members considered a revised forward work programme for the Committee and agreed that the revised work programme should be published on the Assembly website.

Committee event – 8 December 2010

Members noted arrangement for the Committee event to launch the Consumer Council / YouthAction report “Transport Matters” on 8 December 2010. The Committee also noted the proposed media plan and the letter of invitation to the event.

Agreed: The Committee noted and agreed a draft press release on the event for issue on 8 December 2010.

Trial of Electronic Papers

Members noted proposals for a pilot scheme to provide committee meeting packs electronically. Ms McIlveen, Mr Boylan, Mr Bresland, Ms Lo and Mr McDevitt indicated their intention to participate in the scheme. By subsequent email, Mr McCrea also indicated his intention to participate in the trial.

Gritting of footpaths

Members discussed the issue of gritting footpaths by local councils and agreed to write to NILGA seeking an update on this matter.

9. Date, Time and Place of Next Meeting

The next meeting will be held on Wednesday, 8 December 2010, at 10.30am in Room 21, Parliament Buildings.

The Chairperson adjourned the meeting at 11.53pm.

Fred Cobain, MLA
Chairperson, Committee for Regional Development
8 December 2010

24 November 10 / Menu

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