COMMITTEE FOR SOCIAL DEVELOPMENT
MINUTES OF PROCEEDINGS
THURSDAY 9 DECEMBER 2010
ROOM 29, PARLIAMENT BUILDINGS
Present:
Mr Simon Hamilton MLA (Chairperson)
Mr Sydney Anderson MLA
Mrs Mary Bradley MLA
Mr Mickey Brady MLA
Mr Jonathan Craig MLA
Mr Alex Easton MLA
Ms Anna Lo MLA
Mr John McCallister MLA
Mr Fra McCann MLA
Ms Carál Ní Chuilín MLA
In Attendance:
Mr Peter McCallion (Assembly Clerk)
Mrs Sheila Mawhinney (Assistant Assembly Clerk)
Mr Stewart Kennedy (Clerical Supervisor)
Ms Allison Ferguson (Clerical Officer)
Apologies:
None
The meeting began at 9.42 am in open session.
1. Apologies
There were no apologies.
2. Chairperson’s Business
None.
3. Draft minutes of the meeting held on 2 nd and 7 th December 2010
Agreed: The minutes of the meeting held on Thursday, 2 nd December and Tuesday 7 th December 2010 were agreed.
4. Matters arising
4.1 Business Improvement Districts and Pavement Cafés
Mrs Mary Bradley joined the meeting at 9.43am.
Agreed: The Committee noted Departmental consultations on the above policy proposals and agreed to await a briefing from officials at the end of the consultation period.
Agreed: The Committee also agreed to forward details of the consultation to the Committee for Regional Development for information.
4.2 Review of the Law on Sunday Shopping
The Committee noted correspondence from the Minister for Social Development, indicating that he proposed to begin a period of information-gathering on the above.
Agreed: The Committee agreed to seek a briefing from the Department when proposals are to be brought forward.
4.3 Licensing and Registration of Clubs (Amendment) Bill
Ms Carál Ní Chuilín joined the meeting at 9.47 am
Members noted amendments which have been tabled for the Consideration Stage of the above Bill, including the Committee’s amendment to change the number of late licenses for registered clubs.
Agreed: The Committee agreed that it was content for the Minister to table the Committee’s amendment on the number of late licenses for registered clubs.
4.4 Consultation of the DWP Command Paper: Welfare that Works
The Committee noted correspondence from the Minister indicating that he proposes to consult on the above Paper.
Agreed: The Committee agreed to respond to the consultation after it had considered further evidence from the Law Centre NI and Assembly Research and Library Services.
4.5 Responses to the Consultation on the Regional Infrastructure Programme
Members noted a Departmental briefing paper detailing responses to the consultation on the Regional Infrastructure Programme
Agreed: The Committee agreed to seek a Departmental briefing on this issue in January 2011
4.6 Report on the Legislative Consent Motion on the Savings Accounts and Health in Pregnancy Grant Bill
Agreed: The Committee agreed its report on the above Legislative Consent Motion, and agreed that it should be distributed to all Members of the Assembly.
5. Charities (Amendment) Bill – Ministerial Briefing
Alex Attwood MLA, Minister for Social Development, joined the meeting at 9.52 am together with:
- Maeve Walls, Director of the Voluntary and Community Unit, DSD; and
- Philip Gunn, Departmental Solicitors Office.
The Minister and the officials briefed the Committee on the Minister’s proposal to use the Accelerated Passage procedure for the Charities (Amendment) Bill.
Agreed: The Committee agreed that the Chairperson would write to the Minister seeking clarification as to whether the Bill and revised public benefit test guidance would be subject to an Equality Impact Assessment.
Mr Sydney Anderson joined the meeting at 9.58 am.
Mr John McCallister joined the meeting at 9.59 am.
The Chairperson thanked the Minister and the officials for their briefing.
The Minister and the officials left the meeting at 10.38 am.
Agreed: The Committee agreed that it was content that the Charities (Amendment) Bill should proceed using the Accelerated Passage procedure.
Ms Carál Ní Chuilín left the meeting at 10.40 am.
Mrs Mary Bradley left the meeting at 10.40 am.
Mr John McCallister left the meeting at 10.40 am.
6. Committee Report on the Licensing and Registration of Clubs (Amendment) Bill
The Committee considered a draft Report on the Committee Stage of the Licensing and Registration of Clubs (Amendment) Bill.
Agreed: The Committee agreed the Executive Summary of the report on page 1
Agreed: The Committee read and agreed the Introduction to the Bill on pages 2 to 7
Agreed: The Committee read and agreed the Consideration of the Bill on pages 8 to 13
Agreed: The Committee read and agreed the Clause-by-Clause Scrutiny of the Bill on pages 14 to 20
Agreed: The Committee agreed that it was content for the Report to be printed as the second report of the Social Development Committee for this session of the Assembly
Agreed: The Committee agreed that the relevant extract from the draft minutes of the proceedings of 9 December 2010 be included in the Committee's Report.
7. Correspondence
7.1 The Committee noted correspondence dated 29 November 2010 from the Department, providing a summary of the evaluation reports on the pilot Saving Gateway Accounts.
7.2 The Committee noted correspondence from the Department dated 30 November 2010 on the progress that has been made on the development of a Concordat between government and the voluntary sector.
Agreed: The Committee agreed to seek a briefing on the consultation which is expected to be undertaken following Executive approval of the Concordat.
Mrs Mary Bradley rejoined the meeting at 10.43 am
7.3 The Committee noted the Department’s response of 3 December 2010 setting out how changes to State Pension Age will affect those who are about to become eligible for State Pension.
7.4 The Committee noted a response from the Department dated 3 December 2010 to Committee correspondence regarding the proposed changes to National Insurance Credits and the impact on Bereavement Benefits.
7.5 The Committee noted correspondence from the Fold Housing Association, the Simon Community, CRISSP and Triangle Housing Association on the Department’s evaluation paper on the Supporting People programme, pending the oral evidence session from CRISSP and the Department which has been scheduled for February 2011.
7.6 The Committee noted a memo from the Committee for Finance and Personnel regarding stakeholder engagement in relation to the Spending Review and Budget 2011-2015.
Agreed: The Committee agreed that the Clerk should respond, indicating the Committee’s recent engagement with NICVA and planned engagement with Supporting People providers, Fuel Poverty groups and the Law Centre.
7.7 The Committee noted an email from the Prince’s Trust providing a link to its Cost of Exclusion report on youth unemployment.
7.8 The Committee noted an invitation from the Law Centre to its Annual General Meeting and seminar on 10 December 2010.
Agreed: Members agreed that Assembly Research should attend the event on behalf of the Committee.
7.9 Members noted a joint invitation from the Institute of Directors and the Northern Ireland Independent Retail Trade Association to a Christmas Reception on 10 December 2010.
8. Briefing on the responses to the consultation on the Policy to Support Owner-Occupiers in Redevelopment Areas.
Heather Cousins, Director of Housing, DSD, joined the meeting at 10.49am.
The official briefed the Committee on the responses to the consultation on the Policy to Support Owner-Occupiers in Redevelopment Areas.
The Chairperson thanked the official.
The official left the meeting at 11.10 am.
Agreed: The Committee agreed that the Clerk should write to the Department to determine the Department’s policy in respect of the phased vesting of Redevelopment Areas and whether home owners whose properties were vested at the end of the redevelopment process would suffer any disadvantage.
Agreed: The Committee further agreed that the Clerk should write to the Department to determine the number of home owners in Redevelopment Areas experiencing negative equity and the levels of negative equity experienced.
Agreed: The Committee expressed particular concerns in respect of negative equity levels experienced by home owners in Redevelopment Areas whose properties have been vested. The Committee agreed that it generally welcomed the policy to support owner occupiers although the policy did not fully address its negative equity concerns.
Agreed: The Committee agreed to consider an oral Departmental briefing and other written briefings on the Village Urban Renewal Scheme.
The Chairperson suspended proceedings at 11.20 am.
The meeting resumed at 11.29 am
9. Housing (Amendment) (No.2) Bill – Informal Review of Clauses
The following officials from Housing Division, DSD, joined the meeting at 11.29am and briefed Members on Departmental responses to proposed amendments to clauses in the Housing (Amendment) (No.2) Bill:
- Angela Clarke;
- Stephen Baird; and
- Alastair Campbell.
Ms Carál Ní Chuilín rejoined the meeting at 11.31 am.
Clause 6: Fixed Penalty for certain offences
The Committee discussed in detail the provisions of this clause of the Bill.
Agreed:The Committee agreed to defer consideration of the maximum fines associated with non-compliance with tenancy legislation pending a response to the Committee’s queries on a revised fixed penalty structure and the recovery of court costs by district councils.
The Committee noted that the Department is undertaking further consultation with stakeholders on the use of Rent Penalty Notices. The Committee therefore informally agreed that it would pursue the proposed amendment related to the introduction of this or similar measures.
Agreed: The Committee agreed that the Clerk should write to the Department and to NILGA to determine the levels of penalties available to district councils in respect of non-compliance with existing tenancy legislation.
The Committee noted Departmental assurances that the enforcement of tenancy legislation was the subject of ongoing review. The Committee therefore informally agreed that it would not pursue a proposed amendment which would introduce a statutory review of penalties in 2 years’ time.
Clause 7: Regulations
The Committee informally agreed that it was content with this clause as drafted.
Clause 8: Houses in Multiple Occupation: evidence of family relationship
The Committee discussed in detail the provisions of this clause of the Bill.
The Committee noted assurances from the Department that the HMO regulatory regime requires houses to conform to fitness and safety standards. The Committee therefore informally agreed that it would not pursue a related proposed amendment.
The Committee also noted Departmental assurances that guidance will be issued to district councils in respect of the evidence that is to be provided so as to establish family relationships among tenants of potential HMOs. The Committee therefore informally agreed that it would not pursue amendments in this regard.
Clause 9: Withholding of consent to mutual exchange of secure tenancies
The Committee discussed in detail the provisions of this clause of the Bill.
The Committee informally agreed that the Department should give consideration to amendments to the Bill which would permit the use of a wide range of anti-social behaviour information and other relevant information in decision-making related to the exchange of social secure tenancies.
The Committee informally agreed to defer consideration of a proposed amendment which would limit the withholding of consent to exchange tenancies to anti-social behaviour considerations.
The Committee also noted Departmental assurances that guidance on the development of anti-social behaviour procedures is currently issued to social landlords and that further research on this issue is expected to be published.
Mr Jonathan Craig left the meeting at 11.49 am.
Clause 10: Disclosure of information as to orders, etc. in respect of anti-social behaviour
The Committee discussed in detail the provisions of this clause of the Bill.
The Committee noted clarification from the Department that the disclosure of information was expected to be limited to orders of possession, injunctions and convictions etc. related to anti-social behaviour.
Agreed: The Committee agreed that the Clerk should write to the Department to seek information as to the amount of such information that is available and the extent to which it is expected to be used by social landlords.
As with Clause 9, the Committee informally agreed that the Department should give consideration to amendments to the Bill which would permit the use of a wide range of anti-social behaviour information and other relevant information in decision-making related to the exchange of social secure tenancies. The Committee therefore informally agreed to defer consideration of an amendment which would limit the disclosure of information to prescribed persons.
The Committee noted Departmental assurances that information will be subject to controls and accuracy checks and that tenants would be given the opportunity to rebut inaccurate information. The Committee therefore informally agreed that it would not support related proposed amendments.
The Committee received assurances that Departmental guidance to social landlords would highlight the importance of ensuring that tenants with mental health issues do not experience discrimination as a consequence of the disclosure of anti-social behaviour information. The Committee therefore informally agreed that it would not pursue a related amendment.
The Committee informally agreed that the Department should give consideration to amendments to the Bill to permit under certain circumstances the disclosure to private landlords of anti-social behaviour information relating to social tenants.
Ms Carál Ní Chuilín left the meeting at 12.18 pm.
Clause 11: Duty to persons found to be homeless
The Committee noted Departmental assurances in respect of referral mechanisms to e.g. health trusts for homeless people suffering from fluctuating mental health issues. The Committee therefore informally agreed that it would not support a related proposed amendment to the clause.
Clause 12: Functions of Executive in relation to energy brokering
The Committee noted evidence of energy brokering activity by Housing Associations and the reported absence of consensus among District Councils in respect of a national heating oil saving stamp scheme. The Committee therefore informally agreed that it would not support related amendments to this clause.
The Committee also informally agreed to support a Departmental amendment which would amend the definition of energy – to include heating oil etc. – so as to facilitate effective energy brokering in NIHE stock.
Clause 13: Functions of District Councils in relation to energy efficiency
The Committee noted Departmental evidence that it is continuing to consult with District Councils in respect of the promotion of energy efficiency and is considering bringing forward legislation in the next mandate relating to housing fitness standards. The Committee therefore informally agreed that it would not pursue proposed amendments relating to these issues.
Clauses 14, 15, 16, 17 and the Schedule of the Bill
The Committee informally agreed that it was content with clauses 14, 15,16 and 17 as drafted.
The Committee informally agreed to support a Departmental amendment to repeal the Rent Surplus Fund. The Committee informally agreed that it was content with the Schedule as amended.
Other Amendments
The Committee noted that the Tenant Deposit Scheme is to include a dispute resolution mechanism. The Committee therefore informally agreed that it would not support an amendment which would introduce a redress / ombudsman scheme for private tenancies.
The Committee noted that a statutory rule has been drafted which would ensure that all vulnerable 16 and 17 years olds have access to homelessness support. The Committee therefore informally agreed that it would not support a related amendment to the Bill.
The Committee informally agreed that it would defer consideration of amendments which would alter the resources available to District Councils to enforce tenancy legislation pending a Departmental response to related queries.
The Committee informally agreed, with some reservations, to support a Departmental amendment which would allow NIHE to serve tenancy documents by ordinary post.
The Committee informally agreed to support an amendment which would allow NIHE to indemnify its officers involved in the governance of other institutions and bodies.
The Committee informally agreed to support an amendment which would allow NIHE to repossess abandoned tenancies without first gaining entry.
The Committee informally agreed to support an amendment which would allow NIHE to work in legal partnership with other organisations.
The Committee informally agreed to support an amendment which would allow NIHE to promote community safety.
The Committee informally agreed to support an amendment which would allow the Department to develop further guidance for the courts on anti-social behaviour.
The Committee informally agreed to support an amendment which would allow the Department to extend the notice to quit period for certain private tenancies.
The Committee informally agreed to support an amendment which would allow the Department to increase the maximum fine for failure to register a HMO to £20,000 per property.
The Committee informally agreed to support an amendment which would permit information on domestic rates and Housing Benefit to be shared by Land and Property Service and NIHE respectively with District Councils so as to facilitate the enforcement of tenancy legislation.
The Committee informally agreed, subject to further Departmental advice, to support an amendment which would require landlords to repay deposits to tenants where the landlord is in breach of tenancy legislation.
The officials left the meeting at 12.56 pm.
Agreed: The Committee agreed to proceed with formal Clause-by-Clause scrutiny of the Bill at its next meeting.
10. Social Fund and Social Fund Commissioners Reports 2009-10
The Committee noted the Annual Reports for 2009-10 of the Social Fund and the Social Fund Commissioner.
11. Forward Work Programme
Agreed: The Committee agreed its Forward Work Programme.
12. Any Other Business
There was no other business.
13. Date, time and place of next meeting
Members noted that the next meeting would now take place on Thursday, 16 December 2010 in Room 29, Parliament Buildings at 9.30am.
The Chairperson adjourned the meeting at 12.59 pm.
Mr Simon Hamilton MLA
Chairperson, Committee for Social Development
16 December 2010
2 & 7 December 10 / Menu
