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COMMITTEE FOR SOCIAL DEVELOPMENT

MINUTES OF PROCEEDINGS
THURSDAY 20 JANUARY 2011
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
Ms Carál Ní Chuilín MLA

In Attendance:
Mr Peter McCallion (Assembly Clerk)
Ms Clairita Frazer (Assistant Assembly Clerk)
Mr Stewart Kennedy (Clerical Supervisor)
Ms Allison Ferguson (Clerical Officer)
Ms Eleanor Murphy (Assembly Research and Library Services) – items 5 and 6 only
Ms Jane Campbell (Assembly Research and Library Services) – item 5 only
Ms Sian Woodward (Bill Clerk) – item 10 only

Apologies:
Mr Tommy Gallagher MLA
Mr Fra McCann MLA

The meeting began at 9.42am in private session.

1. Apologies

Apologies were as indicated above.

2.Chairperson’s Business

None.

3. Draft minutes of the meetings held on 11 & 13 January 2011

Agreed: The minutes of the meetings held on Tuesday, 11 and Thursday, 13 January 2011 were agreed.

4. Matters arising

4.1 Caravans Bill

The Clerk briefed the Committee on the Consideration Stage of the Caravans Bill.

The Committee moved into public session at 9.45am.

Members noted:a list of current amendments which have been tabled for the Consideration Stage of the Caravans Bill; recent correspondence from the Trading Standards Service, National Caravan Council, and the British Holiday and Home Parks Association on pitch fees in the seasonal caravan sector and an article on a recent relevant judgement in England.

Agreed: The Committee agreed that it was generally content with the further additional technical amendment to the Schedule of the Bill which had been brought forward by the Minister.

4.2 Sunday Trading Laws – Discussion Paper

Members noted a Departmental discussion paper on Sunday Trading Laws.

4.3 Minimum Alcohol Pricing

Agreed: The Committee agreed to await relevant correspondence from the Department on its recently announced consultation on minimum alcohol pricing.

5. Welfare Reform – Briefing by Assembly Research & Library Services

Assembly Research & Library Services briefed Members on a research paper on Welfare Reform

Mr Anderson and Mr Easton joined the meeting at 9.49am.

Mr McCallister joined the meeting at 9.50am.

6. Welfare Reform – Briefing by the Institute of Fiscal Studies and the Law Centre (NI)

The following witnesses joined the meeting at 10.11am:

Les Allamby, Director, Law Centre NI; and

James Browne, Senior Research Economist, Direct Tax and Welfare Section, Institute of Fiscal Studies.

The witnesses briefed the Committee on the impact of tax and benefit changes in Northern Ireland. This was followed by a question and answer session.

Mr Easton left the meeting at 10.59am.

Mr McCallister left the meeting at 11.01am.

The Committee noted: the Institute of Fiscal Studies Report entitled “The Impact of Tax and Benefit Reform to be introduced between 2010-11 and 2014-15 in Northern Ireland” and the Executive Summary of the Institute of Fiscal Studies Report on Universal Credit.

The Chairperson thanked the witnesses for their briefing.

The witnesses left the meeting at 11.17am.

Mr Brady left the meeting at 11.20am.

Agreed: The Committee agreed that the Clerk should seek further information from the Institute of Fiscal Studies on the overall cash loss for the poorest families in Northern Ireland as a consequence of tax and benefit reforms and an estimate of the total costs of the tax and benefit changes to the poorest income quintile group in Northern Ireland.

Agreed: The Committee further agreed that the Clerk should write to the Department to seek information on access to, and responsibility for the Social Protection Fund.

Agreed: The Committee also agreed that the Clerk should write to the Department to seek information on the costs of the reform of Disability Living Allowance; the levels of uptake of means-tested benefits among DLA claimants and the proportion of DLA claimants with mental health problems.

Agreed: The Committee agreed that the Clerk should commission additional research on the levels of disposable income for the poorest families in Northern Ireland.

7. Correspondence

7.1 The Committee considered correspondence from the Minister regarding the Charities (Amendment) Bill. The Committee noted that the Charities Act (Northern Ireland) 2008 was subject to a screening exercise and did not receive a full EQIA. The Committee also noted that a screening test has not been undertaken for the Charities (Amendment) Bill.

Agreed: The Committee agreed to write to the Department to seek information on the costs to-date associated with the Charities Commission for Northern Ireland and the costs associated with the delay in implementation of the relevant legislation.

7.2 The Committee noted a letter from the Department regarding Disability Living Allowance Reform.

7.3 The Committee noted a letter from the Department advising of the conclusion of the NIHE Private Sector Improvement Services consultation.

7.4 The Committee noted a letter from the Department relating to the Budget 2011-15 Savings Delivery Plan; resource and capital priorities and revenue-generating proposals.

7.5 The Committee noted a letter from the Department providing further information on the funding for Urban Regeneration projects, the Social Housing Development Programme and the Jobs and Benefits Office Programme.

7.6 The Committee considered a letter from BBC Northern relating to the live televised streaming of Committee meetings.

Agreed: The Committee agreed to note this letter pending further consideration.

7.7 The Committee noted a letter from the Participation and the Practice of Rights Project regarding the consultation on the NIHE’s Draft EQIA on the Social Housing Development Programme Strategic Guidelines.

7.8 The Committee noted a memo from the Committee for the Office of the First Minister and deputy First Minister regarding the postponement of the concurrent meeting on 27 January 2011 at Ilex.

7.9 The Committee noted a letter from the Chief Executive of NIFHA forwarding a copy of the OFMDFM’s response to his letter of 31 December 2010 which sets out concerns regarding the draft Budget 2011-2015.

7.10 The Committee noted a memo from the Committee for Finance and Personnel enclosing a revised timetable for scrutinising the Executive’s Draft Budget 2011-2015 and providing a copy of the Assembly Research briefing note ‘Draft Budget 2011-2015’ for information.

7.11 The Committee noted items of miscellaneous correspondence from Equality NI, Participation Network, Advice NI, Wiseadviser and the Energy Saving Trust.

8. Village Urban Renewal Scheme – Departmental Briefing

The following Departmental officials joined the meeting at 11.31am to brief the Committee on the Village Urban Renewal Scheme:

David Malcolm, DSD; and

Liam McKinney, NIHE.

The Committee noted a Departmental update paper and related papers from the Ulster Architectural Heritage Association; the Greater Village Regeneration Trust and Blackstaff Community Development Association. The briefing was followed by a question and answer session.

Ms Lo left the meeting at 11.59am.

The Chairperson thanked the officials for their briefing.

The officials left the meeting at 12.02pm.

Agreed: The Committee agreed that the Clerk should write to the Department seeking clarification on the publication of the written record of the Village public inquiry.

Agreed: The Committee also agreed that the Clerk should write to the Department to request a further update on the progress of the Scheme and of the Department’s consultations with the Council of Mortgage Lenders in respect of the negative equity problems facing some residents of Urban Renewal Areas.

The meeting was suspended at 12.03pm.

The meeting reconvened at 12.16pm.

9. Forward Work Programme

Agreed: The Committee agreed that it was content with the Forward Work Programme.

The Committee moved into closed session at 12.17pm.

10. Housing (Amendment) (No.2) Bill – Clause-by-Clause scrutiny

The Committee noted correspondence from the Minister and information from Assembly Research and Library Services on tenancy-related fines in Scotland.

The Committee noted advice from the Bill Clerk.

The Committee moved into open session at 12.34pm.

The following Departmental officials joined the meeting at 12.35pm to brief the Committee on recent Departmental responses and the clauses and proposed amendments to the Bill.

Alastair Campbell, Housing Division, DSD;

Stephen Baird, Housing Division, DSD; and

Angela Clarke, Housing Division, DSD.

The Committee continued its formal clause-by-clause scrutiny of the Housing (Amendment) (No.2) Bill.

Clause 2 – Tenant Deposit Schemes

The Committee noted that the Department had been unable to draft an amendment which would allow tenants to recoup their deposit where a landlord is in breach of tenancy legislation.

Agreed: The Committee therefore agreed to defer consideration of this issue at this time on the understanding that the Department would revisit the issue in subsequent housing legislation.

The Committee considered and approved two technical amendments to Clause 2.

“Agreed: That the Committee for Social Development recommends to the Assembly that Clause 2 be amended as follows:

Clause 2, page 2, line 6, after ‘Article’ insert ‘and Article 5B’

Clause 2, page 2, line 13, after ‘Article’ insert ‘and Article 5B’”

“Question: That the Committee for Social Development is content with clause 2 as amended, put and agreed to.”

Clause 5 – Landlord Registration

The Committee accepted an assurance that the Minister for Social Development would pursue the issue of fines and court costs associated with tenancy prosecutions with the Minister for Justice.

The Committee also accepted an assurance from the Minister for Social Development that a review of the effectiveness of fixed penalties and the maximum level of fines would be undertaken by the Department 18 months after Royal Assent of the Bill.

“Question: That the Committee for Social Development is content with clause 5 as amended, put and agreed to.”

Clause 6 – Fixed penalties for certain offences

“Question: That the Committee for Social Development is content with clause 6 as amended, put and agreed to.”

The Committee noted that given the assurances in respect of a review of fixed penalties that it did not wish to pursue an amendment proposed by NILGA which was designed to secure resources for councils to help them enforce tenancy legislation.

Clause 9 – Withholding of consent to mutual exchange of secure tenancies

The Committee noted a copy of the Department’s draft revised anti-social behaviour guidance to NIHE; a copy of the Department’s current guidance to NIHE on anti-social behaviour and a copy of NIHE’s Policy and Procedures on anti-social behaviour.

“Question: That the Committee for Social Development is content with clause 9 as amended, put and agreed to.”

Clause 10 – Disclosure of information as to orders, etc. in respect of anti-social behaviour

The Committee approved two technical amendments to clause 10.

“Agreed: That the Committee for Social Development recommends to the Assembly that clause 10 be amended as follows:

Clause 10, page 8, line 5, after ‘2A’ insert ‘or 2B’

Clause 10, page 8, line 30, after ‘2A’ insert ‘or 2B’”

“Question: That the Committee for Social Development is content with clause 10 as amended, put and agreed to.”

Long Title of the Bill

“Question: the Committee is content with the Long Title of the Bill as drafted, put and agreed to.”

Agreed: The Committee agreed to conclude formal clause-by-clause scrutiny of the Bill.

The Chairperson thanked the officials for their attendance and diligence during the Committee Stage of the Housing (Amendment) (No.2) Bill.

The officials left the meeting at 12.44pm.

11. Any Other Business

Agreed: The Committee agreed that Members would advise the Clerk of any further issues relating to the Budget which require follow-up with the Department.

12. Date, time and place of next meeting

The next meeting will take place on Thursday, 27 January 2011 in Room 29, Parliament Buildings at 9.30am.

The Chairperson adjourned the meeting at 12.46pm.

Mr Simon Hamilton MLA
Chairperson, Committee for Social Development.
27 January 2011

13 January 11/ Menu

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