Session 2009/2010

Second Report

COMMITTEE FOR AGRICULTURE AND RURAL DEVELOPMENT

Addendum to the Report
on the Diseases of
Animals Bill (NIA 22/07)

TOGETHER WITH THE MINUTES OF PROCEEDINGS OF THE COMMITTEE
RELATING TO THE REPORT, WRITTEN SUBMISSIONS, MEMORANDA
AND THE MINUTES OF EVIDENCE

Ordered by the Committee for Agriculture and Rural Development to be printed 12 November 2009
Report: NIA 21/09/10R Committee for Agriculture and Rural Development)

This document is available in a range of alternative formats.
For more information please contact the
Northern Ireland Assembly, Printed Paper Office,
Parliament Buildings, Stormont, Belfast, BT4 3XX
Tel: 028 9052 1078

Powers and Membership

Powers

1. The Committee for Agriculture and Rural Development is a Statutory Committee established in accordance with paragraphs 8 and 9 of the Belfast Agreement, Section 29 of the Northern Ireland Act 1998 and under Assembly Standing Order 46. The Committee has a scrutiny, policy development and consultation role with respect to the Department for Agriculture and Rural Development and has a role in the initiation of legislation.

2. The Committee has power to:

Consider and advise on Departmental Budgets and Annual Plans in the context of the overall budget allocation;
Approve relevant secondary legislation and take the Committee stage of relevant primary legislation;
Call for persons and papers;
Initiate inquiries and make reports; and
Consider and advise on matters brought to the Committee by the Minister for Agriculture and Rural Development.

Membership

3. The Committee has 11 members, including a Chairperson and Deputy Chairperson, and a quorum of five members. The membership of the Committee is as follows:

Mr Ian Paisley Jnr (Chairperson) ⁴
Mr Tom Elliott (Deputy Chairperson)
Mr Thomas Burns
Mr Willie Clarke
Mr Pat Doherty MP ¹
Mr William Irwin
Dr William McCrea MP ⁵
Mr Patsy McGlone ³
Mr Francie Molloy
Mr George Savage
Mr Jim Shannon ^2,6

¹ with effect from 21st of January 2008 Mr Pat Doherty replaced Mr Gerry McHugh.

² with effect from 15 September 2008 Mr Edwin Poots replaced Mr Allan Bresland.

³ with effect from 29 June 2009 Mr Patsy McGlone replaced Mr PJ Bradley

⁴ with effect from 4 July 2009 Mr Ian Paisley Jnr replaced Dr William McCrea

⁵ with effect from 14 September 2009 Dr William McCrea replaced Mr Trevor Clarke

⁶ with effect from 14 September 2009 Mr Jim Shannon replaced Mr Edwin Poots

Executive Summary

Background

Developments On Clause 8 - Biosecurity

Further Consultation

Clause By Clause Scrutiny

Appendix 1 – Minutes of Proceedings

Appendix 2 – Minutes of Evidence

Appendix 3 – Correspondence

Appendix 4 – Draft Amendment

Executive Summary

Purpose

4. The report details the Committee for Agriculture and Rural Development’s additional consideration of Clause 8 (Biosecurity) of the Diseases of Animals Bill. The Bill introduces amendments to the Diseases of Animals Order 1981.

Background

5. On 13 February 2009, the Committee for Agriculture and Rural Development laid its Report on the Diseases of Animals Bill (NIA 22/07) in the Business Office of the Northern Ireland Assembly. This concluded the Committee Stage which allows for the formal scrutiny of the Bill

6. The Report recounted the Committee consideration of the Bill. In total there are 24 clauses and 3 schedules contained in the Bill. Of these, the Committee gave a qualified response in respect of one clause. It agreed a further 17 clauses and two schedules as drafted and, following negotiation with the Department, agreed five clauses and one schedule as amended. This latter grouping included Clause 8 of the Bill.

7. Clause 8 of the Bill (inserting Articles 4A and 4B into the 1981 Order) would have enabled DARD to prepare and publish biosecurity guidance for any disease specified by order. Failure to comply with published guidance would not have rendered a person liable in any civil or criminal proceedings but a court could have taken account of any failure to act in accordance with the guidance in deciding any question in such proceedings.

8. The Clause would also have allowed DARD to withhold, either wholly or in part, compensation in respect of an animal slaughtered under the 1981 Order where, in the judgment of DARD, the owner or person in charge of the animal failed to act in accordance with published biosecurity guidance, where that guidance relates to the disease necessitating slaughter.

9. The Committee was opposed to the linking of compliance to the code and compensation payments. Whilst the Committee expressed its own concerns with regards to the move from a voluntary to a compulsory code, it was assured by the Department that the code would be compiled in conjunction with the industry and that the application of the guidance would be achieved through subordinate legislation, which had to be brought before the Committee for its consideration and approval.

10. The Committee accepted that the Department wished to have a deterrent for non-compliance with the guidance in the face of the Bill. However, the Committee view was that admissibility of non-compliance in the courts was a sufficient deterrent and that the link with compensation payments was extreme. The Department considered the Committee arguments and agreed to remove the link between non-compliance and a reduction in compensation from the Bill.

11. This completed the Committee Stage of the Diseases of Animals Bill and the report was published on 13 February 2009.

Developments on Clause 8 - Biosecurity

12. The Consideration Stage of the Diseases of Animals Bill was due to be moved in Plenary on Monday 1 June 2009. However, on Friday 29 May 2009 the Chair to the Committee, Dr William McCrea MP, received a telephone call from the Minister asking if an emergency meeting of the Committee could be convened for the following Monday. The Minister advised at that time that she wished to update the Committee on developments regarding brucellosis. The Chairman agreed to call an emergency meeting.

13. This took place at 12:15 on Monday 1 June 2009. The Minister apprised the Committee that she did not intend moving the Consideration stage of the Diseases of Animals Bill. The Minister explained that she wanted to re-introduce the link between compliance with compulsory biosecurity guidance and a reduction in the level of compensation payable in respect of brucellosis.

14. The Minister stated that this was required because there had been an encouraging downward trend in brucellosis outbreaks, to the extent that the Department believed the disease might be eradicated within the next two years. The Department believed that the remaining pockets of brucellosis were mainly as a result of bad biosecurity practice and that having the power to reduce compensation payments for non-compliance with biosecurity guidance would act as a deterrent and help achieve brucellosis free status. The Minister stressed that any decision on withholding of compensation would be confined to those cases where there had been “blatant disregard or negligence".

15. The Committee emphasised from the outset that it wished to see the eradication of brucellosis in Northern Ireland. However, it remained concerned that the Department had not presented evidence indicating that the remaining pockets of brucellosis were being caused by poor biosecurity. In addition, the Committee were very apprehensive about providing the Department with the power, by use of subordinate legislation, to extend the reduction of compensation to other diseases, for example bovine tuberculosis. On this basis, the Committee advised the Department that they did not agree with the reintroduction of the link between poor biosecurity and a reduction in compensation levels.

16. The Minister did not move the Consideration Stage of the Bill, for the second time, on 9 June 2009, indicating that she wished to have further discussions with the Committee. The Minister and senior officials attended the meeting of 16 June 2009 at which point she presented a number of proposals:

i. An independent panel would be established to provide technical and scientific advice to DARD in cases where it was suspected that there may have been “blatant disregard or negligence" resulting in a serious breach of the biosecurity guidance and withholding of compensation was being considered. The independent panel would consider all papers relating to the investigation of the suspected serious breach of biosecurity guidance, including the herdkeeper’s input. A DARD panel of senior officers would consider all the facts of the case, having regard to the views of the independent panel, and arrive at a decision regarding withholding of compensation;

ii. The herdkeeper would be able to ask the Minister to reconsider a decision to withhold compensation. The Minister’s decision on behalf of the Department would be final, although a farmer who believes the decision to have been flawed could pursue a Judicial Review;

iii. A new provision would be added to Clause 8 which would require DARD to make an order prescribing the circumstances in which compensation may be withheld either wholly or partly. The order would be disease specific. In this case, it would only relate to brucellosis and would specify the key areas of biosecurity, which will trigger consideration of the withholding of compensation. The order would be submitted in draft form to the Committee for scrutiny under the normal legislative procedures; and

iv. The Committee and key industry representatives would be fully involved in drawing up the draft biosecurity guidance and the order specifying the key areas which would trigger consideration being given to the withholding of compensation

17. The Committee stressed again at the meeting of 16 June 2009 that it did not wish to unnecessarily delay this matter but agreed that it could not continue with deliberation of the Minister’s proposal until such time as it had seen the text of the suggested amendment to Clause 8. The Committee also agreed that, as this was a new amendment and had not been subjected to the normal Committee scrutiny, it should be allowed an appropriate period of time to undertake a brief consultation with industry representatives before concluding on the matter.

18. The Department responded by letter on 17 June stating that the Minister would not move the Consideration Stage of the Bill on Monday 22 June 2009 and indicating that the Minister would return to the Committee seeking its support for the amendment immediately after the summer recess.

Further Consultation

19. During the course of the summer recess, the Committee undertook consultation with those organisations who had previously responded specifically in respect of the original Clause 8 (which had contained the link). The Ulster Farmers Union were the only respondents (Appendix 3), indicating, after discussing the matter extensively in their Animal Health and Welfare Committee that, with reservations, they would follow the veterinary advice being offered, namely that the proposed clause was needed as a deterrent to a small and irresponsible minority who were “blatantly and negligently" disregarding biosecurity controls.

20. On 3 September 2009 the Chairperson, Deputy Chairperson and Clerk to the Committee met with the Minister, Permanent Secretary and other senior officials in Enniskillen to discuss the clause and other legislative matters. The Chairperson and Deputy Chairperson again recounted the concerns of the Committee, particularly in respect of providing the Department with a power to legislate for other diseases to be linked with poor biosecurity and a reduction in compensation. The Department responded to the Chairperson’s suggestion that the Department specify brucellosis in the primary legislation by restating that the subordinate legislation would be specific to brucellosis and that this would continue to be scrutinised and approved by the Committee.

21. In order to support the eradication of brucellosis whilst at the same time addressing the concerns expressed by Members on this matter, the Committee sought legal advice as to whether the clause could be time bound through the introduction of a “sunset clause" or if it could be amended to include a specific reference to brucellosis, therefore firmly linking the proposed reduction of compensation with biosecurity guidance specifically relevant to brucellosis In seeking legal advice, the Committee took account of the Department’s stated objective for the reintroduction of the clause, namely to effect the eradication of brucellosis.

22. The substance of the advice received was that there is no legal impediment to including either of the aforementioned options into the clause. Having considered the options available to it, the Committee recommended on 8 September 2009 that the Department specifically refer to brucellosis in the clause. The Committee was also aware that the Minister was scheduled to attend Committee on 15 September 2009 to discuss the Bill. The Committee recommended, therefore, that the Chairperson, Deputy Chairperson and Clerk to the Committee meet with the Permanent Secretary and senior officials in advance of the Ministers attendance to discuss these proposals. This meeting took place on 14 September 2009 when the Committee recommendation was again restated to the Department.

23. The Minister attended the meeting on 15 September 2009 and advised the Committee that the Department would accept the Committee recommendation to specify brucellosis in Clause 8 of the Bill (Appendix 4). The Department provided the Committee with a draft of the proposed amendment which was forwarded to the Northern Ireland Assembly Legal Services for comment. Legal Services confirmed that the amendments proposed gave effect to the Committee’s policy intention, namely that compensation-withholding for non-compliance with biosecurity guidance should apply only in respect of brucellosis.

24. The Committee formally recommended the new Clause 8 amendments to the Northern Ireland Assembly at its meeting of 29 September 2009. The Committee also, however, recorded its disappointment that the Department has identified the reduction of brucellosis compensation arising out of poor biosecurity as a means of contributing towards departmental efficiency savings. The Committee is resolute in its position that the objective of this clause is the eradication of brucellosis in Northern Ireland and that the Department should not be distracted from the achievement of this objective by the targeting of brucellosis compensation as an efficiency saving.

Clause by Clause Scrutiny of the Bill

Clause 8 - Biosecurity

25. The Committee for Agriculture and Rural Development recommends to the Assembly that Clause 8 be amended as agreed between the Committee and the Department and that the Committee agrees to the text of the amendment.

Appendix 1

Minutes of Proceedings

Monday 1 June 2009
Room 21, Parliament Buildings

Present: Dr William McCrea (Chairperson)
Tom Elliott (Deputy Chairperson)
Francie Molloy
Pat Doherty
PJ Bradley
George Savage
William Irwin
Trevor Clarke
Willie Clarke
Thomas Burns

In attendance: Paul Carlisle (Clerk to the Committee)
Emma Patton (Assistant Assembly Clerk)
Shauna Mageean (Assistant Assembly Clerk)
Kathy Gunduza (Clerical Officer)

Apologies: Edwin Poots

The meeting commenced at 12.24pm in Open Session.

The deputy chairperson took the chair.

1. Apologies

As above.

2. Presentation – DARD – Ministerial attendance – Disease of Animals Bill – Clause 8

The Minister for Agriculture and Rural Development, Ms Michelle Gildernew MP MLA, and departmental officials Jennifer Corkey, Colette McMaster, Owen Denny and Colette Connor made a presentation regarding the deferral of the consideration stage of the Disease of Animals Bill, specifically in relation to proposed cancellation of the previously agreed amendment to sever the link between compliance with biosecurity guidance and compensation as detailed in Clause 8. Following the presentation, Members put questions.

Thomas Clarke left the meeting at 12.38pm

The chairperson took the chair at 12.41pm

Thomas Burns left the meeting at 12.49pm

PJ Bradley left the meeting at 1.28pm

The Minister and representatives left the meeting at 1.41pm

3. Presentation – Ulster Farmers Union - Disease of Animals Bill – Clause 8

Graham Furey, Clarke Black and Colin Smith joined the meeting at 1.42pm and presented to Committee in respect of the proposed cancellation of the previously agreed amendment to Clause 8 of the Bill. Following the presentation, Members put questions.

The representatives left the meeting at 2.10pm

The Chair put the motion that the Committee agree to the reintroduction of the link between biosecurity guidance and compensation in Clause 8 of the Disease of Animals Bill as proposed by the Minister for Agriculture & Rural Development.

Ayes: Willie Clarke, Pat Doherty

Noes: Dr William McCrea, Tom Elliott, George Savage, Francie Molloy, William Irwin

Members agreed that the Committee decision be relayed to the Department of Agriculture and Rural Development

4. Date of the next meeting

The next Committee meeting will be held on Tuesday 9th June 2009 at 1.30pm in Room 152, Parliament Buildings.

The meeting was adjourned at 2.30pm.

Chairperson

Date

Tuesday 16 June 2009
Room 21, Parliament Buildings

Present: Dr William McCrea (Chairperson)
Tom Elliott (Deputy Chairperson)
PJ Bradley
Thomas Burns
Trevor Clarke
Edwin Poots
George Savage
Pat Doherty
Willie Clarke
Francie Molloy

In attendance: Paul Carlisle (Clerk to the Committee)
Shauna Mageean (Assistant Assembly Clerk)
Frank Geddis (Clerical Supervisor)
Kathy Gunduza (Clerical Officer)

Apologies: Thomas Burns
William Irwin

The meeting commenced at 1.07pm in Open Session

1. Apologies

As above.

2. Minutes

The Committee agreed the Minutes of the meeting of 9 June 2009.

3. Matters arising

(a) Correspondence issued

The Committee noted the correspondence issued since the meeting of 9 June 2009.

(b) Correspondence received

The Committee noted the correspondence received since the meeting of 9 June 2009.

The Committee noted the correspondence tabled at the meeting.

4. Presentation – DARD – Ministerial Attendance – Disease of Animals Bill

The Minister for Agriculture and Rural Development, Ms Michelle Gildernew MP MLA, and departmental officials Dr. Malcolm McKibbin, Colette McMaster and Owen Denny made a presentation regarding the deferral of the consideration stage of the Disease of Animals Bill, specifically in relation to the proposed withdrawal of the previously proposed amendment to Clause 8 and insertion of a new amendment regarding the link between compliance with biosecurity guidance and compensation. Following the presentation, Members put questions.

Edwin Poots entered the meeting at 1.19pm

Trevor Clarke entered the meeting at 1.19pm

Thomas Burns entered the meeting at 2.09pm

Francie Molloy left the meeting at 2.32pm

Thomas Burns left the meeting at 2.47pm

The Minister and officials left the meeting at 2.47pm

5. Presentation – Ulster Farmers’ Union – Disease of Animals Bill

Graham Furey, Clarke Black and Wesley Aston, Ulster Farmers’ Union joined the meeting at 2.49pm and presented to Committee in respect of the Disease of Animals Bill. Following the presentation, Members put questions.

Following presentations, Members debated the matter and agreed that the Committee should have sight of the text of the proposed new amendment and an appropriate period of time to consider and consult on the proposed amendment.

PJ Bradley left the meeting at 2.57pm

The representatives left the meeting at 3.22pm

6. Presentation – DARD – Better Regulations Review

Michael Dowling, David Graham, Dr. Brian Jack and Paul Caskie, departmental officials, joined the meeting at 3.23pm and presented to the Committee in respect of the Better Regulations Review and Report. Following the presentation, Members put questions

Willie Clarke left the meeting at 3.26pm

Pat Doherty left the meeting at 3.26pm

Willie Clarke rejoined the meeting at 3.30pm

Pat Doherty rejoined the meeting at 3.39pm

Trevor Clarke left the meeting at 3.46pm

Willie Clarke left the meeting at 3.59pm

The officials left the meeting at 4.00pm

7. Presentation – DARD – Draft Code of Practice for Searches of Premises Under Warrant

Mike Steel and Danny Gray, departmental officials, joined the meeting at 4.03pm and presented to the Committee in respect of the Draft Code of Practice. Following the presentation, Members put questions.

Members agreed that Committee issue a public notice asking for industry comments on the draft code of practice.

Trevor Clarke rejoined the meeting at 4.03pm

Edwin Poots left the meeting at 4.03pm

Edwin Poots rejoined the meeting at 4.20pm

George Savage left the meeting at 4.24pm

Officials left the meeting at 4.32pm

8. Pre-consultation – Disease of Animals (Importation of Machinery and Vehicles) Order (Northern Ireland) 2009

The Committee agreed that officials should present to Committee when a detailed analysis of responses has been undertaken.

9. SR – The Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009

That the Committee for Agriculture and Rural Development has considered The Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009 and has no objection to the Rule.

10. SR – The Less Favoured Areas (Compensatory Allowances) (Amendment) Regulations (Northern Ireland) 2009

That the Committee for Agriculture and Rural Development has considered The Less Favoured Areas (Compensatory Allowances) (Amendment) Regulations (Northern Ireland) 2009 and has no objection to the Rule.

Tom Elliott declared an interest

11. Future Presentations

The Committee Clerk briefed Members on the future business of the Committee. It was agreed to proceed as proposed.

12. Date of the next meeting

The next Committee meeting will be held on Tuesday 23 June 2009 at 1.30pm in Room 21, Parliament Buildings.

The meeting was adjourned at 4.34pm.

Chairperson

Date

Tuesday 8 September 2009
Room 152, Parliament Buildings

Present: Tom Elliott (Deputy Chairperson)
William Irwin
George Savage
Pat Doherty
Willie Clarke
Francie Molloy
Thomas Burns

In attendance: Paul Carlisle (Clerk to the Committee)
Shauna Mageean (Assistant Assembly Clerk)
Phil Pateman (Assistant Assembly Clerk)
Paul Stitt (Clerical Supervisor)
Erika Graham (Clerical Officer)

Apologies: Ian Paisley Jnr. (Chairperson)
Patsy McGlone

The meeting commenced at 1.33pm in Closed Session

1. Apologies

As above.

2. Minutes

The Committee agreed the Minutes of the meeting of 30 June 2009.

3. Minutes

The Committee agreed the Minutes of the meeting of 28 July 2009.

The Committee considered legal advice with relation to Clause 8 of the Diseases of Animals Bill

The meeting opened in Public Session at 1.59pm.

4. Matters arising

(a) Declaration of Interest

The Committee noted the declaration of interest submitted by Ian Paisley Jnr.

(b) Correspondence issued

The Committee noted the correspondence issued since the meeting of 28 July 2009.

The Committee noted the correspondence received since the meeting of 28 July 2009.

(d) Consultation on Draft Code of Practice for Searches of Premises Under Warrant

The Committee noted the submission received in regard to the above consultation and agreed that the submission should be forwarded to the Department for a response.

(e) Consultation on SL1 Foyle Area and Carlingford Area (Control of Oyster Fishing) (Amendment) Regulations 2009

The Committee noted the submissions received in regard to the above consultation and agreed that the submissions should be forwarded to the Department and that the Department and a number of consultees should be called to make a presentation to the Committee.

(f) Consultation on Diseases of Animals Bill

The Committee noted the submission received in regard to Clause 8 of the Diseases of Animals Bill. The Committee agreed to await the outcome of a further meeting between the Chair, Deputy Chair and the Clerk and the Department with respect to specification of brucellosis.

William Irwin declared an interest

(j) Update on Committee Inquiry into the Dioxin Contamination Incident, December 2008

The Committee agreed the witnesses to be called for oral evidence and to the schedule for evidence sessions in relation to the above.

5. Pre-consultation – The Horse Racing (Charges on Bookmakers) Order (Northern Ireland) 2010

The Committee agreed that officials should present to Committee when a detailed analysis of responses has been undertaken.

6. Pre-consultation – The Scrapie Monitoring (Fees) (Amendment) Regulations (Northern Ireland) 2010

The Committee agreed that officials should present to Committee when a detailed analysis of responses has been undertaken.

7. SL1 – The Wine Regulations (Northern Ireland) 2009

The Committee noted the above mentioned legislation should proceed to the next stage.

Thomas Burns joined the meeting at 2.20pm

8 Presentation – DARD – SL1: The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2009

Norman Fulton and Alan McCartney, departmental officials, joined the meeting at 2.20pm and presented to Committee in respect the above SL1. Following the presentation, Members put questions. The Committee noted the above mentioned legislation should proceed to the next stage

The officials left the meeting at 2.25pm

9. Presentation – DARD – SL1: The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Amendment) Regulations (Northern Ireland) 2009

Valerie Bell, Alan Galbraith and David Garrett, departmental officials, joined the meeting at 2.25pm and presented to Committee in respect the above SL1. Following the presentation, Members put questions. The Committee noted the above mentioned legislation should proceed to the next stage

The officials left the meeting at 2.41pm

10. Forward Work Plan

The Committee noted the indicative schedule of work. The Committee agreed that the Committee Clerk should develop a schedule to include additional Committee meetings if required and this schedule will be put to the Committee for consideration.

11. AOB

The Committee noted the Committee visit to Mash Direct Ltd. on Friday 18 September 2009. It was agreed that Members should advise the Committee office if they wish to attend.

12. Date of the next meeting

The next Committee meeting will be held on Tuesday 15 September 2009 at 12.30pm in Room 152, Parliament Buildings.

The meeting was adjourned at 2.51pm

Chairperson

Date

Tuesday 15 September 2009
Room 152, Parliament Buildings

Present: Ian Paisley Jnr. (Chairperson)
Tom Elliott (Deputy Chairperson)
George Savage
Pat Doherty
Willie Clarke
Francie Molloy
Thomas Burns
Patsy McGlone
Jim Shannon
William Irwin
Dr William McCrea

In attendance: Paul Carlisle (Clerk to the Committee)
Shauna Mageean (Assistant Assembly Clerk)
Paul Stitt (Clerical Supervisor)Erika Graham (Clerical Officer)

Apologies: None

The meeting commenced at 12.45pm in Open Session

1. Apologies

As above.

2. Minutes

The Committee agreed the Minutes of the meeting of 8 September 2009.

The Committee noted the declaration of interest submitted by Jim Shannon.

The Committee offered their thanks to Edwin Poots and Trevor Clarke for their contribution to the work of the Committee and welcomed Dr. William McCrea and Jim Shannon to the Committee.

3. Matters arising

(a) Correspondence issued

The Committee noted the correspondence issued since the meeting of 8 September 2009.

(b) Correspondence received

The Committee noted the correspondence received since the meeting of 8 September 2009.

Jim Shannon left the meeting at 12.56pm

4. Presentation – DARD – Ministerial Attendance – Diseases of Animals Bill

Michelle Gildernew, Minister for the Department of Agriculture and Rural Development and Dr Malcolm McKibbin, Owen Denny and Colette McMaster, departmental officials, joined the meeting at 1.56pm and presented to Committee in respect of Clause 8 of the Diseases of Animals Bill. Following the presentation, Members put questions.

Francie Molloy entered the meeting at 1.06pm

George Savage declared an interest

Jim Shannon rejoined the meeting at 1.19pm

Patsy McGlone left the meeting at 1.30pm

The Minister and officials left the meeting at 1.32pm

5. Presentation – DARD – Fishing Opportunities 2010

Liam McKibben, Dr. Walter Crozier and Paddy Campbell, departmental officials, joined the meeting at 1.34pm and presented to Committee in respect the above. Following the presentation, Members put questions.

Willie Clarke left the meeting at 1.55pm

Tom Elliott left the meeting at 2.00pm

William Irwin left the meeting at 2.03pm

Pad Doherty left the meeting at 2.07pm

Willie Clarke rejoined the meeting at 2.08pm

Thomas Burns left the meeting at 2.10pm

William McCrea left the meeting at 2.10pm

Jim Shannon left the meeting at 2.18pm

The meeting was inquorate at 2.18pm

Tom Elliott rejoined the meeting at 2.19pm

The meeting was in quorum at 2.19pm

The officials left the meeting at 2.25pm

George Savage left the meeting at 2.25pm

The meeting was inquorate at 2.25pm

6. Presentation – DARD – Post consultation on EU Directive 2007/43/EC on the Welfare of Meat Chickens

Colette Connor and Paddy McGuckian, departmental officials, joined the meeting at 2.25pm and presented to Committee in respect the above. Following the presentation, Members put questions.

The Committee noted the above mentioned legislation should proceed to the next stage.

Jim Shannon rejoined the meeting at 2.30pm

The meeting was in quorum at 2.30pm

The officials left the meeting at 2.45pm

7. Presentation – DARD - September Monitoring Round

John Smith, departmental official, joined the meeting at 2.45pm and presented to Committee in respect the above. Following the presentation, Members put questions.

William Irwin rejoined the meeting at 2.48pm

Jim Shannon left the meeting at 2.48pm

Pat Doherty rejoined the meeting at 2.50pm

George Savage rejoined the meeting at 2.55pm

Tom Elliott declared an interest

Jim Shannon rejoined the meeting at 3.12pm

Francie Molloy left the meeting at 3.13pm

William Irwin declared an interest

Jim Shannon left the meeting at 3.25pm

The official left the meeting at 3.26pm

8. SL1: Zoonoses and Animal By-Products (Fees) Amendment Regulations (Northern Ireland) 2009

The Committee noted the above mentioned legislation should proceed to the next stage

9. SR – The Horses (Zootechnical Standards) (Northern Ireland) Regulations 2009

That the Committee for Agriculture and Rural Development has considered The Horses (Zootechnical Standards) (Northern Ireland) Regulations 2009 and has no objection to the Rule.

10. SR – Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations (Northern Ireland) 2009

That the Committee for Agriculture and Rural Development has considered the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations (Northern Ireland) 2009 and has no objection to the Rule.

11. Primary Legislative Programme

The Committee noted the legislative programme for the primary legislation expected from the Department.

12. AOB

The Committee noted the Committee visit to Mash Direct Ltd. on Friday 18 September 2009. It was agreed that Members should advise the Committee office if they wish to attend.

The Committee noted the invitation from the Department to attend a workshop on Animal Welfare in Northern Ireland: Proposals for new Primary Legislation, to take place on 17 September 2009. It was agreed that Members should advise the Committee office if they wish to attend.

The Committee noted the forthcoming study visit to the EU Parliament in Brussels.

13. Date of the next meeting

The next Committee meeting will be held on Tuesday 22 September 2009 at 1.30pm in Room 152, Parliament Buildings.

The meeting was adjourned at 3.31pm

Chairperson

Date

Tuesday 29 September 2009
Room 152, Parliament Buildings

Present: Ian Paisley Jnr. (Chairperson)
Tom Elliott (Deputy Chairperson)
George Savage
Pat Doherty
Francie Molloy
Willie Clarke
Thomas Burns
Patsy McGlone
William McCrea
Jim Shannon
William Irwin

In attendance: Paul Carlisle (Clerk to the Committee)
Shauna Mageean (Assistant Assembly Clerk)
Paul Stitt (Clerical Supervisor)
Mark O’Hare (Clerical Supervisor)
Erika Graham (Clerical Officer)

Apologies: none

The meeting commenced at 10.36am in Open Session

1. Apologies

As above.

2. Minutes

The Committee agreed the Minutes of the meeting of 22 September 2009.

The Committee thanked Paul Stitt for his contribution to the work of the Committee Support Office and wished him well for his new position.

3. Matters arising

(a) Correspondence issued

The Committee noted the correspondence issued since the meeting of 22 September 2009.

(b) Correspondence received

The Committee noted the correspondence received since the meeting of 22 September 2009.

4. Presentation – DARD – Efficiency Delivery Plans

Gerry Lavery, John Smith, Kate Davey and Tim Weir, departmental officials, joined the meeting at 10.39am and presented to Committee in respect of the above. Following the presentation, Members put questions.

William McCrea entered the meeting at 10.45am

Patsy McGlone entered the meeting at 10.46am

Francie Molloy entered the meeting at 10.47am

Tom Elliott entered the meeting at 10.53am

Thomas Burns left the meeting at 11.10am

Jim Shannon entered the meeting at 11.21am

Thomas Burns rejoined the meeting at 11.23am

Patsy McGlone left the meeting at 11.25am

George Savage declared an interest

Tom Elliott declared an interest

Thomas Burns left the meeting at 11.55am

William Irwin entered the meeting at 11.59am

The officials left the meeting at 12.01pm

5. Diseases of Animals Bill – Clause 8 amendment

The Clerk to Committee spoke to the proposed amendment to Clause 8 of the Disease of Animals Bill.

The Committee for Agriculture and Rural Development recommended that clause 8 be amended as agreed between the Committee and the Department and that the Committee agreed to the text of the amendment.

6. Presentation – DARD – TB Strategy

Colette McMaster, Roly Harwood, Nigel Clarke and Ian McKee, departmental officials, joined the meeting at 12.07pm and presented to Committee in respect the above. Following the presentation, Members put questions.

Patsy McGlone rejoined the meeting at 12.13pm

Jim Shannon left the meeting at 12.14pm

Jim Shannon rejoined the meeting at 12.16pm

Francie Molloy left the meeting at 12.26pm

Patsy McGlone left the meeting at 12.35pm

Jim Shannon left the meeting at 12.47pm

Jim Shannon rejoined the meeting at 1.01pm

William Irwin left at 1.01pm

The officials left the meeting at 1.08pm

7. Presentation – DARD – Cockle Fishery in Belfast Lough

Paddy Campbell and Matt Service, department officials, joined the meeting at 1.09pm and presented to Committee in respect the above. Following the presentation, Members put questions.

Pat Doherty left the meeting at 1.10pm

Pat Doherty rejoined the meeting at 1.17pm

The officials left the meeting at 1.25pm

8. Presentation – Dairy UK – Industry Briefing

Mike Johnston, Stanley Wedlock and Brian Moffett, industry representatives, joined the meeting at 1.26pm and presented to Committee in respect the above. Following the presentation, Members put questions.

The representatives left the meeting at 1.41pm

9. AOB

The Committee agreed a press release regarding a meeting held with the Chair, Deputy Chair and the Minister for the Environment on the subject of PPS21.

10. Date of the next meeting

The next Committee meeting will be held on Tuesday 6 October 2009 at 1.30pm in Room 152, Parliament Buildings.

The meeting was adjourned at 1.44pm

Chairperson

Date

Tuesday 10 November 2009
Room 30, Parliament Buildings

Present: Ian Paisley Jnr. (Chairperson)
Tom Elliott (Deputy Chairperson)
George Savage
Pat Doherty
Francie Molloy
Willie Clarke
Patsy McGlone
Thomas Burns
William McCrea
Jim Shannon
William Irwin

In attendance: Paul Carlisle (Clerk to the Committee)
Shauna Mageean (Assistant Assembly Clerk)
Mark O’Hare (Clerical Supervisor)
Erika Graham (Clerical Officer)

Apologies: none

The meeting commenced at 1.35pm in Closed Session

1. Dioxins Report

The Committee deliberated the report and approved the amendments as discussed at the meeting of 3 November. The Members requested that confirmation be sought from the Department in relation to exact figures in relation to compensation and that following receipt of that information from the Department, the report be published. Members agreed to forward a copy of the published report to the Minister.

The Committee expressed their thanks to the Committee Support Office for their work in organisation of the Committee Inquiry and in compilation of the Report.

Patsy McGlone entered the meeting at 1.36pm

Willie Clarke entered the meeting at 1.37pm

Patsy McGlone left the meeting at 1.39pm

George Savage entered the meeting at 1.40pm

Patsy McGlone rejoined the meeting at 1.41pm

2. Addendum to the Report on Diseases of Animals Bill

A draft copy of the Committee Addendum to the Report on the Diseases of Animals Bill detailing the agreed amendment to Clause 8 of the Bill was tabled at the meeting. The Committee agreed the report be published and laid in the Business Office of the Northern Ireland Assembly and. Members agreed to forward a copy of the published report to the Minister.

Thomas Burns entered the meeting at 1.45pm

The meeting opened in Open Session at 1.45pm

3. Apologies

As above

4. Minutes

The Committee agreed the Minutes of the meeting of 3 November 2009.

5. Matters arising

(a) Correspondence issued

The Committee noted the correspondence issued since the meeting of 3 November 2009.

(b) Correspondence received

The Committee noted the correspondence received since the meeting of 3 November 2009.

Tom Elliott left the meeting at 1.49pm

Jim Shannon entered the meeting at 1.52pm

6. Presentation – DARD – Update against PSA Targets

John Smith, Pauline Keegan and Roly Harwood, departmental officials, joined the meeting at 1.58pm and presented to Committee in respect of the above. Following the presentation, Members put questions.

Jim Shannon left the meeting at 2.04pm

Jim Shannon rejoined the meeting at 2.12pm

William McCrea left the meeting at 2.41pm

Thomas Burns left the meeting at 2.45pm

Thomas Burns rejoined the meeting at 2.48pm

Thomas Burns left the meeting at 2.52pm

Patsy McGlone left the meeting at 3.03pm

Patsy McGlone rejoined the meeting at 3.08pm

Francie Molloy declared an interest

William Irwin declared an interest

Patsy McGlone left the meeting at 3.25pm

The officials left the meeting at 3.25pm

7. Presentation – Assisi Animal Sanctuary – Briefing on their work and views on the Animal Welfare Bill

Brian Bingham, Margaret Sinnott and Felicity Huston, representatives of Assisi Animal Sanctuary, joined the meeting at 3.26pm and presented to Committee in respect the above. Following the presentation, Members put questions.

Thomas Burns rejoined the meeting at 3.35pm

Jim Shannon left the meeting at 3.53pm

The representatives left the meeting at 4.09pm

8. Forestry Bill – Oral Evidence Forward Work Programme

The Committee agreed the list of witnesses to be called to give evidence in relation to the Forestry Bill. The Committee was apprised of the timetable of evidence sessions.

The Committee agreed to hold an all day evidence session on Thursday 21 January 2010 at Castlewellan Forest Park.

9. Date of the next meeting

The next Committee meeting will be held on Tuesday 17 November 2009 at 1.30pm in Room 30, Parliament Buildings.

The meeting was adjourned at 4.12pm

Chairperson

Date

Appendix 2

Minutes of Evidence

29 September 2009

Members present for all or part of the proceedings:
Mr Ian Paisley Jnr (Chairperson)
Mr Tom Elliott (Deputy Chairperson)
Mr Willie Clarke
Mr Pat Doherty
Mr William Irwin
Dr William McCrea
Mr Francie Molloy
Mr George Savage
Mr Jim Shannon

Witnesses:

Colette McMaster

Department of Agriculture and Rural Development

Clause 8 (Biosecurity guidance)

1. The Chairperson (Mr Paisley Jnr): The Committee Clerk will speak on clause 8 of the Diseases of Animals Bill.

2. The Committee Clerk: Members will be aware that there has been a lot of toing and froing between the Department, the Committee and our legal advisers in respect of clause 8. The Committee was of the view that the link between the reduction of compensation for reasons of biosecurity should be specific to brucellosis. The Committee office sought legal advice with respect to that. The legal advice stated that there was no legal impediment to having brucellosis specified in the Bill. The Department has taken that on board, has agreed with us, and has come up with an amendment to clause 8, which members have a copy of. Again, the Committee office took legal advice in respect of that and the legal advice that we have received and that has previously been copied to members indicates that that meets with the Committee’s objective to ensure that the link between the reduction of compensation and biosecurity should be made specific to brucellosis.

3. The Committee office recommends to members that they accept the amendment. If members are content for him to do so, the Chair will formally put the Question. Irrespective of whether the Committee agrees to the amendment, an addendum to the report that was published earlier in the year will be compiled and will come before the Committee at its next meeting.

4. The Chairperson: I beg to move

5. That the Committee recommend to the Assembly that the clause be amended as follows: In page 8, line 43, at end insert

“(3) The Department may by order prescribe the circumstances in which it may withhold, either wholly or partly, compensation or any other payment in respect of an animal slaughtered under this Order where -

(a) the slaughter has been necessitated by brucellosis;

(b) guidance relating to brucellosis has been published under Article 4A(3) and has not been withdrawn; and

Question put and agreed to.

6. Mr Elliott: I agree, but I would like the report to state that, in light of the efficiency savings, we are deeply disappointed that the Department will have to take on additional staff to progress that policy.

7. The Chairperson: Yes, because what came out in today’s presentation was that there has been an attempt to disguise what biosecurity is really being used for. We have had an answer on that today and it has been refuted to some degree, but having clarity and certainty on that from the beginning probably would have avoided a dispute. We are at this point; nevertheless, it is important that that caveat is noted. It is noted in our minutes and in the legal advice, which members have a copy of.

8. Ms Colette McMaster (Department of Agriculture and Rural Development): I want to clarify absolutely that the purpose of the biosecurity measure is to eradicate brucellosis. The knock on benefit of driving towards the reduction of brucellosis — with the intention of eradicating it — is that it is going to reduce costs. That will be the effect, and that is good. It will reduce the cost for Government ultimately and reduce costs for industry too.

9. The Chairperson: Yes, Mr Lavery clarified those points, but I understand why you want to defend your colleague. We have heard the evidence and we have heard Mr Lavery’s description, and our decision stands as being made.

3 November 2009

Members present for all or part of the proceedings:
Mr Ian Paisley Jnr (Chairperson)
Mr Tom Elliott (Deputy Chairperson)
Mr Thomas Burns
Mr Willie Clarke
Mr Pat Doherty
Mr William Irwin
Dr William McCrea
Mr Jim Shannon

10. The Chairperson (Mr Paisley Jnr): We will now discuss the draft addendum to the report on the Diseases of Animals Bill. There are 25 paragraphs in the addendum, and Committee members will be asked either to agree or to amend each paragraph. Paragraphs 1 to 3 are about Committee membership and can be taken together if members are content. Are members content with paragraphs 1 to 3?

Members indicated assent.

11. The Chairperson: The Committee’s support team will make any agreed amendments to the report, the second draft of which will be brought to the Committee at its meeting on 10 November. When members are content with the draft, Committee officers will get the final report published and laid in the Business Office. It is expected that the Minister will have the Consideration Stage in either mid- or late November, dependent on Executive clearance, and the Committee’s support team will keep Members apprised of developments.

12. We have agreed paragraphs 1 to 3, so we will start with paragraph 4. Are members content with paragraph 4?

Members indicated assent.

13. The Chairperson: Are members content with paragraph 5?

Members indicated assent.

14. The Chairperson: Are members content with paragraph 6?

Members indicated assent.

15. The Chairperson: Are members content with paragraph 7?

Members indicated assent.

16. The Chairperson: Are members content with paragraph 8?

Members indicated assent.

17. The Chairperson: Are members content with paragraph 9?

18. Dr W McCrea: That is just a factual report of the sequence of events?

19. The Chairperson: Yes.

Members indicated assent.

20. The Chairperson: Are members content with paragraph 10?

Members indicated assent.

21. The Chairperson: Are members content with paragraph 11?

Members indicated assent.

22. The Chairperson: Are members content with paragraph 12?

Members indicated assent.

23. The Chairperson: Are members content with paragraph 13?

Members indicated assent.

24. The Chairperson: Are members content with paragraph 14?

Members indicated assent.

25. The Chairperson: Are members content with paragraph 15?

Members indicated assent.

26. The Chairperson: Are members content with paragraph 16?

Members indicated assent.

27. The Chairperson: Are members content with paragraph 17?

Members indicated assent.

28. The Chairperson: Are members content with paragraph 18?

Members indicated assent.

29. The Chairperson: Are members content with paragraph 19?

Members indicated assent.

30. The Chairperson: Are members content with paragraph 20?

Members indicated assent.

31. The Chairperson: Are members content with paragraph 21?

Members indicated assent.

32. The Chairperson: Are members content with paragraph 22?

Members indicated assent.

33. The Chairperson: Are members content with paragraph 23?

Members indicated assent.

34. The Chairperson: Are members content with paragraph 24?

35. The Committee Clerk: I reconsidered paragraph 24 when I reread the correspondence after I had produced the papers. At the meeting on 29 September, although members recommended the new clause 8 amendments, they indicated their concern about poor biosecurity and that the link to compensation was identified in the efficiency delivery plans. I suggest that we insert an additional couple of lines that read:

“The Committee also, however, recorded its disappointment that the Department has identified the reduction of brucellosis compensation arising out of poor biosecurity as a means of contributing towards departmental efficiency savings. The Committee is resolute in its position that the objective of this clause is the eradication of brucellosis in Northern Ireland and that the Department should not be distracted from the achievement of this objective by the targeting of brucellosis compensation as an efficiency saving."

36. Dr W McCrea: Absolutely. I compliment the Committee staff for producing a factual report. Our full discussion on the matter is factually contained in the report.

37. The Chairperson: Do members agree with the paragraph 24, including the additional wording?

Members indicated assent.

38. Mr Elliott: Do we need to include the issue of biosecurity guidance, which have debated for a long time? I am not aware that the Department has acted on that matter yet.

39. Dr W McCrea: We want to ensure that the Committee plays a vital role in its drafting. The Department made that promise.

40. The Committee Clerk: I need to check the original report to see whether it stated that the Committee wanted the biosecurity guidance to be included.

41. Dr W McCrea: The Department made a clear promise.

42. The Chairperson: Did the Minister mention that in Committee on 15 September?

43. Mr Elliott: It has been discussed throughout the whole process.

44. Dr W McCrea: The Department and the Minister assured the Committee that we would participate in the drafting.

45. The Committee Clerk: The biosecurity guidance must be brought into effect by subordinate legislation. As part of that policy development, the Committee must see the biosecurity guidance before it is empowered.

46. Mr Elliott: The problem is that the guidance will not form part of the subordinate legislation, because it is only a guidance document. The Committee was promised that it would have sight of, and be part of the drafting of, that document.

47. The Committee Clerk: The legislation that empowers the guidance cannot pass if the guidance is not available to the Committee. Therefore, if subordinate legislation is not an option, Members can vote down the legislation.

48. Dr W McCrea: Yes. However, that is what we were promised. This is all factual.

49. Mr W Clarke: I agree. Departmental officials stated that they were going to get a broad agreement with the vets and other stakeholders, including trade unions, and then come to the Committee.

50. The Chairperson: Can the Committee include that in its record? I know that there is a reference at around paragraph 15 of the addendum to the report.

51. The Committee Clerk: Paragraph 16(iv) of the addendum to the report on the Diseases of Animals Bill’ states:

“The Committee and key industry representatives would be fully involved in drawing up the draft Biosecurity Guidance and the order specifying the key areas which would trigger consideration being given to the withholding of compensation."

52. Mr Elliott: I think that is enough, Chairperson.

53. The Chairperson: Are members content with paragraph 24?

Members indicated assent.

10 November 2009

54. The Chairperson (Mr Paisley Jnr): The next item on the agenda is the addendum to the report on the Diseases of Animals Bill. Page 10, paragraph 24 is the Committee’s formal recommendation of the new clause 8.

55. Mr Savage: Paragraph 14 says that:

“The Department believed that the remaining pockets of brucellosis were mainly as a result of bad biosecurity practice".

56. Although some people may agree with that, a neighbour of mine had a breakout of brucellosis around a month ago, and I would not like him to see that paragraph. To me, that stinks of somebody having done something wrong. That may be the case in some areas; however, my neighbour is as good a farmer as any in Northern Ireland.

57. Dr W McCrea: That is not what paragraph 14 is saying. None of us can change what the Minister is saying. Paragraph 14 says:

“The Minister stated … The Department believed … The Minister stressed".

58. With the greatest respect, we cannot change that.

59. In paragraph 24, we strongly say that:

“The Committee is resolute in its position that the objective of this clause is the eradication of brucellosis in Northern Ireland and that the Department should not be distracted from the achievement of this objective".

60. We have to be very careful, because we cannot change anything that the Minister or the Department have said. That is factual.

61. The Chairperson: The last sentence of paragraph 15 says that:

“On this basis, the Committee advised the Department that they did not agree with the reintroduction of the link between poor biosecurity and a reduction in compensation levels."

62. And at the beginning of that paragraph it says that:

“However, they remained concerned that the Department had not presented evidence indicating that the remaining pockets of brucellosis were being caused by poor biosecurity."

63. I think that we are covered by that.

64. Mr Savage: I hope that that is the case. I would not like my neighbour to think that I was party to something that blamed him.

65. The Chairperson: I think that we have accurately reflected the Department’s position, and, where necessary, put in our critique and an explanation of where the Committee believes things are. We have added a conclusion that spells out why the Committee recommends new clause 8 and the circumstances under which it does so. I think that the report is very clear.

66. Are members content to approve the report?

Members indicated assent.

Appendix 3

Correspondence

NIA Image

Paul Carlisle
Clerk to the Committee for
Agriculture and Rural Development
Parliament Buildings
Stormont
Belfast
BT4 3XX

Joe Cassells
Departmental Assembly Liaison Officer
Department of Agriculture and
Rural Development
Room 509
Dundonald House
Belfast
BT4 3SB

2 June 2009

Dear Joe

Committee Meeting – 1 June 2009

I refer to the above.

As you will be aware, the Committee for Agriculture and Rural Development convened following the deferral of the Consideration Stage of the Diseases of Animals Bill. At this meeting, the Minister for Agriculture and Rural Development, Michelle Gildernew MP MLA, advised Members that she wished to reintroduce the link between biosecurity and compensation in Clause 8 of the Bill. An amendment to remove this link had previously been agreed between the Committee and the Department during the Committee Stage of the Bill.

I would advise that, following consideration of the Ministers proposal and having received evidence from the Ulster Farmers Union, the Committee decided that they would not agree to the reintroduction of the link between biosecurity and compensation in Clause 8 of the Diseases of Animal Bill. I would be grateful, therefore, if this decision could be relayed to the Minister as soon as possible.

I would also appreciate if the Department could urgently indicate when it proposes to move the Consideration Stage of the Diseases of Animals Bill and their intentions, specifically, with regards to Clause 8 of the Bill.

I am happy to discuss

Yours sincerely

Paul Carlisle
Clerk to the Committee for Agriculture and Rural Development

NIA Image

Paul Carlisle
Clerk to the Committee for
Agriculture and Rural Development
Parliament Buildings
Stormont
Belfast
BT4 3XX

Joe Cassells
Departmental Assembly Liaison Officer
Department of Agriculture and
Rural Development
Room 509
Dundonald House
Belfast
BT4 3SB

10 June 2009

Dear Joe

Committee Meeting – 9 June 2009

I refer to the above.

The Committee expressed concern that the Minister did not move the Consideration Stage of the Diseases of Animals Bill on Tuesday, 9 June 2009. The Minister indicated in Plenary that she would discuss the matter further with the Committee. The Committee would ask, therefore, that the Department advise when the Minister will be available to discuss this matter with them at a future Committee meeting. I would appreciate if you could provide this information at your earliest convenience to allow for the scheduling of the relevant Committee meeting.

I have attached, for your information, correspondence from the Committee for the Environment requesting that officials from the Department provide evidence in respect of the Shellfish Waters Areas in Northern Ireland and of a slurry tank approved under the Farm Nutrient Management Scheme but subsequently refused planning permission. I would ask that you liaise directly with the Clerk to the Committee of the Environment in respect of these matters.

The Committee received correspondence from Mr John B Clarke concerning the selection process for the Focus Farm Project, a copy of which is attached for your information. The Committee asks that you respond to Mr Clarke’s concerns, copying the Committee into your response. In addition, the Committee has asked that you apprise them, in writing, of the selection process in respect of the Farm Focus Project. I would appreciate if this could be provided to Committee by 18 June 2009.

The Committee noted consultation responses in respect of the Foyle Area and Carlingford Area (Angling) (Amendment) Regulations 2009, particularly those from Mr Michael Collins regarding the new weir in Omagh. The Committee has asked that Loughs Agency respond to Mr Collins’ concerns and that the Committee are copied into this response.

The Committee endorsed the policy behind the Foyle Area and Carlingford Area (Conservation of Eels) Regulations 2009 and noted during the evidence session that the authorities in the Republic of Ireland had also signalled their support for the conservation of the eel. Members remain concerned, however, that eels migrating from Lough Erne are being killed in large numbers at the power facility at Ballyshannon. Whilst Members appreciate that this is outside the remit of the Department, they ask that the Department make representation with the relevant authorities in the Republic of Ireland in order to minimise the damage caused to the migrating eel population. The Committee would ask to be kept apprised of any developments in respect of this matter.

The Committee agreed that the following matters progress to consultation but asks that the Department return to it with a detailed analysis of consultation responses:

The Foyle Area and Carlingford Area (Angling) (Amendment No 2) Regulations 2009; and
The Foyle Area and Carlingford Area (Conservation of Smelt, Shad and Lamprey) Regulations 2009.

The Committee agreed that the following matters progress to the legislative stage:

The Foyle Area and Carlingford Area (Angling) (Amendment) Regulations 2009;
The Foyle Area and Carlingford Area (Conservation of Eels) Regulations 2009; and
The Products of Animal Origin (Third Country Imports) (Amendment) (No 2) Regulations (Northern Ireland) 2009.

The Committee deferred a decision on the following matter to allow for consultation with the industry:

The Horses (Zootechnical Standards) (Northern Ireland) Regulations 2009

The Committee has agreed that the above matter can be progressed following satisfactory response from the industry and the Committee query contained in the attached query proforma. It is hoped that approval could be provided at the next meeting, scheduled for 16 June 2009.

The Committee agreed that it would not require presentations or officials in respect of the following matters:

The Diseases of Animals (Importation of Machinery and Vehicles) Order (Northern Ireland) 2009;
The Less Favoured Areas Compensatory Allowances (Amendment) Regulations (Northern Ireland) 2009; and
The Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009.

A number of queries are detailed in the attached query templates. I would appreciate a response by noon, Thursday 11 June 2009

I am happy to discuss

Yours sincerely

Paul Carlisle
Clerk to the Committee for Agriculture and Rural Development

Dundonald House
Upper Newtownards Road
Belfast BT4 3SB
Tel: 028 9052 4670
Fax: 028 9052 4884
Email: colette.mcmaster@dardni.gov.uk

Paul Carlisle
Clerk to the Committee for Agriculture
and Rural Development
Room 284
Parliament Buildings
Belfast
BT4 3XX

12 June 2009

Dear Paul

Diseases of Animals Bill

On 1 June, the Minister met the Committee to outline her proposals for improving biosecurity on farms and reducing the risk of disease spread. She outlined why she considers that improving biosecurity is an essential element to help to eradicate Brucellosis. She also explained why she and those in the veterinary profession consider that having a link between serious non-compliance with the Biosecurity Guidance and the withholding of compensation for the slaughter of diseased animals is a key element in helping to promote better biosecurity, and in protecting the innocent farmer, and targeting the small but persistent minority of irresponsible farmers who are prepared to put the livelihood of their neighbours at risk through “blatant disregard or negligence" resulting in a serious breach of the statutory Biosecurity Guidance.

We believe that this initiative, together with other steps that we are taking to deal with this disease will help us eradicate Brucellosis earlier than would otherwise be the case. Not only would this have benefits for the health of the herd here, but ultimately it will reduce the regulatory and cost burden on the farmer and indeed on the Department in tackling this disease.

The Committee raised some concerns about the Minister’s proposal to have a link in Clause 8 between non-compliance with Biosecurity Guidance and withholding of compensation for the slaughter of diseased animals. The Minister shares the Committee’s concern that any process should ensure that conscientious farmers who regrettably have a disease breakdown are not unfairly penalised. The Minister is also firmly of the view that any decision on withholding of compensation must be confined to those cases where there has been “blatant disregard or negligence" resulting in a serious breach of the Guidance.

I understand that the Minister tried to contact the Committee Chair and advise him that she would like to bring forward new proposals to the Committee meeting on Tuesday 16 June, but unfortunately they were unable to have a discussion on this matter. These proposals are outlined below. The Minister will discuss these in more detail on Tuesday with the Committee and will be happy to deal with any questions.

1. Firstly, an independent Panel will be established to provide technical and scientific advice to DARD in cases where it is suspected that there may have been “blatant disregard or negligence" resulting in a serious breach of the Biosecurity Guidance and withholding of compensation is being considered. The independent Panel will consider all papers relating to the investigation of the suspected serious breach of Biosecurity Guidance, including the herdkeeper’s input. A DARD panel of senior officers will consider all the facts of the case, having regard to the views of the independent Panel, and arrive at a decision regarding withholding of compensation.

2. Secondly, the herd keeper will be able to ask the Minister to reconsider a decision to withhold compensation. The Minister’s decision on behalf of the Department will be final, although a farmer who believes the decision to be flawed can take a Judicial Review.

3. And finally, a new provision will be added to Clause 8 which will require DARD to make an order prescribing the circumstances in which compensation may be withheld either wholly or partly. The order will be disease specific. In this case, it will only relate to Brucellosis. It will specify the key areas of Biosecurity, which will trigger consideration of the withholding of compensation. The order will be submitted in draft form to the Committee for scrutiny under the normal legislative procedures.

The Committee and key industry representatives will be fully involved in drawing up the draft Biosecurity Guidance and the order specifying the key areas which will trigger consideration being given to the withholding of compensation.

A simple flowchart describing the procedures to be followed in the event of a Brucellosis outbreak is given in Annex A. The Minister/officials will explain this process more fully on Tuesday.

On a separate but related matter, on 1 June Mr Savage raised the issue of vaccines for Tuberculosis and Brucellosis being freely available. I want to confirm that there are no authorised vaccines for Tuberculosis or Brucellosis either here or in Britain or the South.

Yours sincerely

Colette McMaster
Director of Animal Health and Welfare Policy

Corporate Policy Division
Central Management Branch

Dundonald House
Upper Newtownards Road
Belfast BT4 3SB

Tel: 028 90524331
Fax: 028 90524884
Email: joe.cassells@dardni.gov.uk

Your reference
Our reference

Date: 17 June 2009

Paul Carlisle
Clerk to the Committee for Agriculture and Rural Development
Room 284
Parliament Buildings
Belfast
BT4 3XX

Dear Paul

Committee Meeting – 16 June 2009

At yesterday’s meeting, the Committee received a presentation from the Minister, Permanent Secretary and DARD officials in relation to the Diseases of Animals Bill. I have been asked to bring a number of matters to your attention.

I can advise you that the Minister does not intend to move the Consideration Stage of the Diseases of Animals Bill in the Assembly on Monday 22 June.

The Minister wishes to progress the Bill as soon as possible, as it contains a number of provisions particularly in relation to Powers of Entry, Deliberate Infection, Powers to Slaughter and Inspection Powers at Ports to name a few which we need to have in place. These provisions are essential to help DARD deal with disease outbreaks and illegal activities, particularly at our ports and airports in order to prevent disease or infected goods entering the North. With regard to the extension of powers to slaughter to create a firebreak in a disease situation such as FMD, we currently have no powers to transpose EU Law. We are therefore at a distinct disadvantage from Britain, the South and other Member States who have already this power.

However, the Minister recognises that a further deferment is necessary to allow the Committee to have sufficient time to consider fully the Department’s proposed amendment to Clause 8 of the Bill. She believes that with the support of the Committee and the industry, there is an opportunity and the legislative vehicle to accelerate the push towards the ultimate goal of eradication of Brucellosis in the North.

The Minister intends to return to the Committee, seeking its support on this matter immediately after the Summer Recess.

Officials will reschedule the Consideration Stage after the summer recess.

The proposed amendment provides for DARD to make an order prescribing the circumstances in which compensation may be withheld either wholly or partly. The Department will be required to do this in order to establish the link between compensation and Brucellosis Biosecurity Guidance. The order will specify the key areas of Biosecurity which will trigger consideration of the withholding of compensation.

The Committee and key industry representatives (including the UFU, NIAPA and VETNI) will be fully involved in drawing up the draft Biosecurity Guidance and the order specifying the key areas which will trigger consideration being given to the withholding of compensation.

The full text of the Clause, together with the amendment bolded for ease of reference, is attached.

I would be grateful if this could be brought to the Committee’s attention as soon as possible.

If you require any further information please let me know.

Yours sincerely

Joe Cassells
Departmental Assembly Liaison Officer

NIA Image

Paul Carlisle
Clerk to the Committee for
Agriculture and Rural Development
Parliament Buildings
Stormont
Belfast
BT4 3XX

Joe Cassells
Departmental Assembly Liaison Officer
Department of Agriculture and
Rural Development
Room 509
Dundonald House
Belfast
BT4 3SB

17 June 2009

Dear Joe

Committee Meeting – 16 June 2009

I refer to the above.

I am in receipt of your letter dated 17 June and note that the Minister does not intend to move the Consideration Stage of the Diseases of Animals Bill on 22 June 2009. I have also noted that the Minister wishes to defer the Consideration Stage until following the Summer Recess. I can confirm that this information will be relayed to Members at the earliest opportunity.

The Committee is aware of the importance of the Bill and this has been evident in their detailed scrutiny of the clauses and the amendments agreed between the Committee and the Department. The Committee stressed again at the meeting of 16 June 2009 that it did not wish to unnecessarily delay this matter but agreed that it could not continue with deliberation of the Ministers proposal until such time as it had seen the text of the suggested amendment to Clause 8. The Committee also agreed that, as this is a new amendment and has not been subjected to the normal Committee scrutiny, it should be allowed an appropriate period of time to undertake a brief consultation with industry representatives before concluding on the matter. I have been asked to provide Members with a timeline for this process and, in light of this, I would appreciate if you could ask the Bill Team to contact me as soon as is possible to discuss the Department’s schedule for introducing the Consideration Stage.

As indicated, the Committee also took evidence from the Ulster Farmers Union in respect of the matter. There was consensus that it was difficult to reach conclusion without having considered a draft of the proposed biosecurity guidance. I would be grateful, therefore, if this could be factored into the scheduling considerations.

Finally, in respect of this matter, the Committee has asked that the Department indicate whether they have sought legal advice as to whether Clause 11 (Deliberate Infection) might achieve the Departments objectives in respect of Clause 8. In particular, the Committee would refer the Department to paragraph 5A (1) which states that:

“A person commits an offence if, without lawful authority or excuse (proof of which shall lie on him), he or she knowingly or recklessly does any act which causes or is intended to cause an animal or bird to be infected with a disease".

The Committee would query whether “blatant disregard or negligence" could be legally captured within the terminology “knowingly or recklessly" above and would ask that the Department urgently explore this with their legal advisors.

A number of queries regarding this matter are detailed in the attached query sheets.

The Committee received a presentation in respect of the Better Regulation Report and commended the panel on the comprehensive body of work that resulted from the review. The Committee appreciates that the Department will require time to consider the report, given the volume of recommendations made. However, the Committee is keen to ensure that the recommendations are enacted as soon as is possible to commence the reduction of bureaucracy within the system and would therefore request that the Department is in a position to present its action plan for the implementation of the report recommendations at an early meeting following the Summer Recess. I would appreciate if you could factor this into the Departments forward work plan.

The Committee received a presentation from departmental officials in respect of the draft code of practice for searches of premises under warrant. The Committee agreed to undertake a short consultation (three to four weeks) on the matter and will be placing a public notice in the local press requesting comments from the industry. In order to facilitate this, the Committee Support Office would wish to place a draft copy of the proposed code, as presented at the meeting, on the Committee web pages. I would be grateful if you could urgently indicate that you are content with this action. Again, a number of queries are contained in the query sheets attached.

The Committee noted that the Department intends either laying or introducing the draft Forestry Bill to the Northern Ireland Assembly before the Summer Recess. In order to facilitate the Committee consideration of this matter, I would appreciate if a copy could be forwarded to Members through the Committee Support Office.

The Committee agreed that the following matter progress to consultation but asks that the Department return to it with a detailed analysis of consultation responses:

The Diseases of Animals (Importation of Machinery and Vehicles) Order (Northern Ireland) 2009.

The Committee deferred a decision on the following matter at the meeting of 9 June 2009 to allow for consultation with the industry. I would ask that you note responses were received following the Committee meeting of 16 June 2009. The following matter will, therefore, be considered at the next meeting:

The Horses (Zootechnical Standards) (Northern Ireland) Regulations 2009

The Committee considered the following and had no objections to the statutory rules:

The Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009; and
The Less Favoured Areas Compensatory Allowances (Amendment) Regulations (Northern Ireland) 2009

The Committee will require presentations in respect of the following matters:

The Foyle Area and Carlingford Area (Aquaculture Licensing) Regulations 2009;
The Foyle Area and Carlingford Area (Control of Oyster Fishing) (Amendment) Regulations 2009; and
The Pre-Consultation on a Revision of the UK Forestry Standard

The Committee agreed that it would not require presentations or officials in respect of the following matters:

The Swine Vesicular Disease Regulations (Northern Ireland) 2009; and
The Foyle Area and Carlingford Area (Licensing of Fishing Engines) (Amendment) Regulations 2009.

A number of queries are detailed in the attached query templates. Unless otherwise stated, I would appreciate a response by noon, Thursday 25 June 2009

I am happy to discuss

Yours sincerely

Paul Carlisle
Clerk to the Committee for Agriculture and Rural Development

NIA Image

Paul Carlisle
Clerk to the Committee for
Agriculture and Rural Development
Parliament Buildings
Stormont
Belfast
BT4 3XX

Joe Cassells
Departmental Assembly Liaison Officer
Department of Agriculture and
Rural Development
Room 509
Dundonald House
Belfast
BT4 3SB

8 September 2009

Dear Joe

Committee Meeting 8 September 2009 – Clause 8 Diseases of Animals Bill

I refer to the above.

As you will be aware, the Committee for Agriculture and Rural Development sought legal advice in respect of the proposed amendment to Clause 8 of the Diseases of Animal Bill, specifically in respect of new Article 4b.

In seeking legal advice, the Committee took account of the Department’s stated objective for the reintroduction of the clause, namely to effect the eradication of Brucellosis and the Committee would again emphasise that it is desirous of this objective. In order to support the eradication of Brucellosis whilst at the same time addressing the concerns expressed by Members on this matter, the Committee sought advice as to whether the clause could be time bound through the introduction of a “sunset clause" or if it could be amended to include a specific reference to Brucellosis, therefore firmly linking the proposed reduction of compensation with biosecurity guidance specifically relevant to Brucellosis.

The substance of the advice received is that there is no legal impediment to including either of the aforementioned options into the clause. Additionally, the Committee is advised that specific provision might more appropriately be accommodated in the Brucellosis Control Order (Northern Ireland) 2004, rather than the face of this more general Bill.

The Committee considered this matter in closed session at the above meeting. As you will be aware, the Committee is awaiting further advice with regards to more specific legal concerns raised by the Department and the following recommendations are subject to any advice subsequently received. Having considered the options available to it, the Committee would recommend that the Department specifically refer to Brucellosis in the clause as being the preferable option. The Committee is conscious that the Minister is scheduled to attend Committee on 15 September 2009 to discuss the Bill. The Committee has recommended, therefore, that the Chairperson, Deputy Chairperson and Clerk to the Committee meet with the Permanent Secretary and senior officials in advance of the Ministers attendance to discuss these proposals and I will be in touch in due course to finalise a date and time for this.

I am happy to discuss.

Yours sincerely

Paul Carlisle
Clerk to the Committee for Agriculture and Rural Development

NIA Image

Paul Carlisle
Clerk to the Committee for
Agriculture and Rural Development
Parliament Buildings
Stormont
Belfast
BT4 3XX

Joe Cassells
Departmental Assembly Liaison Officer
Department of Agriculture and
Rural Development
Room 509
Dundonald House
Belfast
BT4 3SB

29 September 2009

Dear Joe

Committee Meeting - 29 September 2009

I refer to the above.

The Committee considered the proposed amendment in respect of Clause 8 of the Diseases of Animals Bill and agreed the following:

“That the Committee for Agriculture and Rural Development recommends to the Assembly that clause 8 be amended as agreed between the Committee and the Department and that the Committee agrees to the text of the amendment".

However the Committee expressed its concern and disappointment that the Department has set and recorded targets for savings in respect of reduced compensation payments for brucellosis in their Efficiency Delivery Plans, despite assurances to the contrary to the Committee. Members have stressed that their main concern is to see the eradication of this disease and that that they will continue to closely scrutinise the Department to ensure that this remains the priority.

The Committee received a presentation from officials in respect of the departmental efficiency delivery plans which included revised proposals regarding the fallen stock scheme. The Committee has indicated that it will consider the matter at the meeting of 6 October 2009. The Committee would wish to have written confirmation from the Department prior to this meeting restating that the Minister is not now pursuing a cost sharing and responsibility agenda and confirming that the Committee consideration of the TSE regulations will not establish a precedent in respect of cost sharing and responsibility. The Committee asks that the Department also notes their intention to seek evidence on the matter from the industry unions.

There are a number of queries requiring the efficiency delivery plans in the attached query sheets and I would ask that you forward to your colleagues for response by noon, 8 October 2009.

The Committee received a presentation from officials outlining the Departments strategy for TB. The Committee is of the opinion that there is no impetus within the Department or the strategy to eradicate this disease and is extremely concerned that the Department has no intention on setting a date for the eradication of TB within the next five years. The Committee would again call on the Department to immediately implement a pilot eradication scheme in an area with high incidence levels. The Committee would also ask that the Department advise Members of relevant contacts within the Scottish government who can advise on the steps they have taken to allow them to seek TB-free status. Again, a number of queries are attached in query sheets.

The Committee received correspondence from the Committee for the Office of the First Minister and the deputy First Minister detailing progress against the gender equality strategy and a copy is attached for your information. The Committee has asked that the Department provide them with a written update of their progress against this strategy.

There are a number of queries arising from the meeting which are attached for action. I would appreciate if you could forward to your colleagues for response by noon, Thursday 8 October 2009.

I would advise that the meeting scheduled for Tuesday 29 September 2009 will commence at 10:30 a.m. to allow for Members forward journey to Brussels. I would ask that you apprise your colleagues accordingly.

I am happy to discuss.

Yours sincerely

Paul Carlisle
Clerk to the Committee for Agriculture and Rural Development

Session 2009/2010

Second Report

COMMITTEE FOR AGRICULTURE AND RURAL DEVELOPMENT

Addendum to the Report on the Diseases of Animals Bill (NIA 22/07)

Powers and Membership

Powers

Membership

Table of Contents

Executive Summary

Clause By Clause Scrutiny

Appendix 1 – Minutes of Proceedings

Appendix 2 – Minutes of Evidence

Appendix 3 – Correspondence

Appendix 4 – Draft Amendment

Executive Summary

Purpose

Background

Developments on Clause 8 - Biosecurity

Further Consultation

Clause by Clause Scrutiny of the Bill

Clause 8 - Biosecurity

Appendix 1

Minutes of Proceedings

Monday 1 June 2009 Room 21, Parliament Buildings

1. Apologies

2. Presentation – DARD – Ministerial attendance – Disease of Animals Bill – Clause 8

3. Presentation – Ulster Farmers Union - Disease of Animals Bill – Clause 8

4. Date of the next meeting

Tuesday 16 June 2009 Room 21, Parliament Buildings

1. Apologies

2. Minutes

3. Matters arising

4. Presentation – DARD – Ministerial Attendance – Disease of Animals Bill

5. Presentation – Ulster Farmers’ Union – Disease of Animals Bill

6. Presentation – DARD – Better Regulations Review

7. Presentation – DARD – Draft Code of Practice for Searches of Premises Under Warrant

8. Pre-consultation – Disease of Animals (Importation of Machinery and Vehicles) Order (Northern Ireland) 2009

9. SR – The Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009

10. SR – The Less Favoured Areas (Compensatory Allowances) (Amendment) Regulations (Northern Ireland) 2009

11. Future Presentations

12. Date of the next meeting

Tuesday 8 September 2009 Room 152, Parliament Buildings

1. Apologies

2. Minutes

3. Minutes

4. Matters arising

5. Pre-consultation – The Horse Racing (Charges on Bookmakers) Order (Northern Ireland) 2010

6. Pre-consultation – The Scrapie Monitoring (Fees) (Amendment) Regulations (Northern Ireland) 2010

7. SL1 – The Wine Regulations (Northern Ireland) 2009

8 Presentation – DARD – SL1: The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2009

9. Presentation – DARD – SL1: The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Amendment) Regulations (Northern Ireland) 2009

10. Forward Work Plan

11. AOB

12. Date of the next meeting

Tuesday 15 September 2009 Room 152, Parliament Buildings

1. Apologies

2. Minutes

3. Matters arising

4. Presentation – DARD – Ministerial Attendance – Diseases of Animals Bill

5. Presentation – DARD – Fishing Opportunities 2010

6. Presentation – DARD – Post consultation on EU Directive 2007/43/EC on the Welfare of Meat Chickens

7. Presentation – DARD - September Monitoring Round

8. SL1: Zoonoses and Animal By-Products (Fees) Amendment Regulations (Northern Ireland) 2009

9. SR – The Horses (Zootechnical Standards) (Northern Ireland) Regulations 2009

10. SR – Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations (Northern Ireland) 2009

11. Primary Legislative Programme

12. AOB

13. Date of the next meeting

Tuesday 29 September 2009 Room 152, Parliament Buildings

1. Apologies

2. Minutes

3. Matters arising

4. Presentation – DARD – Efficiency Delivery Plans

5. Diseases of Animals Bill – Clause 8 amendment

6. Presentation – DARD – TB Strategy

7. Presentation – DARD – Cockle Fishery in Belfast Lough

8. Presentation – Dairy UK – Industry Briefing

9. AOB

10. Date of the next meeting

Tuesday 10 November 2009 Room 30, Parliament Buildings

Addendum to the Report
on the Diseases of
Animals Bill (NIA 22/07)

Monday 1 June 2009
Room 21, Parliament Buildings

Tuesday 16 June 2009
Room 21, Parliament Buildings

Tuesday 8 September 2009
Room 152, Parliament Buildings

Tuesday 15 September 2009
Room 152, Parliament Buildings

Tuesday 29 September 2009
Room 152, Parliament Buildings

Tuesday 10 November 2009
Room 30, Parliament Buildings