MINUTES OF PROCEEDINGS OF THE COMMITTEE FOR AGRICULTURE AND RURAL DEVELOPMENT
FRIDAY 22 FEBRUARY 2002
HELD IN ROOM 135 PARLIAMENT BUILDINGS
Present:
Dr IRK Paisley MP MEP(Chairman)
Mr G Savage
Mr B Armstrong
Mr PJ Bradley
Mr J Dallat
Mr B Douglas
Mr D Ford
Mr G Kane
Mr M Murphy
Mr I Paisley Jnr
Apologies:
Mr G McHugh
In attendance:
Mr P Moore
Mr B Kennedy
Mr J McCourt
Mr J Small
The Chairman declared the meeting open in private session at 9.20am.
1. Committee Business.
1.1. The Chairman briefed members in relation to the exchange of correspondence with the Minister about the Committee's call for officials to appear before it at the current meeting and copies of the correspondence were distributed to members.
Messrs Armstrong, Bradley and Murphy attended the meeting at 9.24am.
1.2. The Chairman drew members' attention to the Minister's letter announcing the setting up of a Working Group to examine the feasibility of a Food Body as recommended in DARD's Vision Group report, and to papers relating to recent BSE positive tests.
The Chairman declared the meeting open to the public at 9.31am.
1.3. The Chairman briefed the Committee on his latest information on the loss of the Kilkeel fishing boat and three members of the Greene family and expressed sympathy, endorsed by members, to the families in Kilkeel.
1.4. The Chairman welcomed the Minister, accompanied by DARD officials Mr Tom Stainer and Dr Sam Kennedy. The Minister made a brief statement on the Kilkeel fishing vessel tragedy and the progress of the search.
Mr Kane attended the meeting at 9.35am.
2. Vision Group Report Outcome.
2.1. Members had received copies of responses, by the General Consumer Council, the Northern Ireland Institute of Agricultural Science, and Friends of the Earth, to the Vision Group report, and a memorandum from the Minister outlining the main points emerging from the consultation and the next steps in the process. The Minister thanked the Committee for agreeing to meet earlier than originally planned and made an opening statement on the Vision Group report consultations outcome and action being taken to progress recommendations, including the membership and Terms of Reference of a Working Group that was being set up to consider a Food Body for Northern Ireland.
2.2. Members then questioned the Minister and officials on related issues including prospects for a farmers' early retirement scheme and the possibility of a Committee Bill to introduce such a scheme in the absence of any DARD legislation; the role of co-operatives; and the need for adequate resources to implement the report's recommendations.
Mr Murphy left the meeting during discussions at 9.50am and Mr Douglas attended the meeting at 9.58am.
2.3. The Chairman thanked the officials and they left at 10.01am, at which time DARD officials Messrs Noel Cornick and Michael McLernon joined the Minister at the table.
3. Rural Proofing.
3.1. Following short statements from the Chairman and the Minister, members referred to the delay and apparent lack of progress in implementing a rural proofing policy that was to be in operation by April 2001 and questioned the Minister and officials. Issues examined included the absence to date of formal agreed procedures between Ministers or an agreed definition of rural proofing; the establishment of a steering committee, also a dedicated unit within DARD in November 2001 under Mr McLernon as rural proofing co-ordinator; funding; training; and planning permission for rural dwellings.
Mr Murphy returned to the meeting at 10.31am.
3.2. The Chairman thanked the officials and they left the meeting at 10.33 am. DARD officials Dr George McIlroy and Mr Stewart Johnston then joined the Minister at the table.
4. BSE Surveillance Testing and the Beef Export Ban.
4.1. The Chairman referred to a recent BSE case and to the report that the Minister had provided on investigations into the positive BSE test on an earlier case of an animal born after 1 August 1996. Dr McIlroy explained the circumstances of that case.
4.2. The Minister made a statement detailing test statistics; referring to confusion over comparisons with other EC States; the progress towards the achievement of low-incidence status and the work to secure a relaxation of some of the conditions of the Date Based Export Scheme.
4.3. Members then questioned the Minister and officials on the issues raised and the Minister confirmed that there was no possibility of infected animals entering the food chain and presenting a risk to consumers. In response to members' specific questions the Minister undertook to supply the Committee with comparative EC figures for BSE incidence, and Dr McIlroy confirmed that action was being taken to obtain vaccine from Australia to address the threat of botulism before the start of the grazing season.
4.4. The Chairman thanked the officials and they left the meeting at 10.51am.
The Chairman declared the meeting to be in private session at 10.52am and the public seating area was cleared. The Minister's special adviser joined her at the table.
5. Proposed Meeting with DARD Officials on Fisheries Issues.
5.1. The Minister discussed with members the Committee's request for officials to meet the Committee to discuss matters related to the fishing vessel decommissioning scheme. The Minister advised that the Department was conducting its own investigation into certain allegations; requested that the Committee await the outcome of that investigation before speaking to officials; and requested sight of any relevant correspondence from the fish producers' organisations (FPO), stating that these would be 'discoverable' documents.
5.2. The Chairman advised that all communications with the Committee were primarily regarded as confidential to the Committee, unless the correspondent gave express permission, or requested, specific items of correspondence to be made available outside the Committee and that the Committee may ask the FPOs. The Minister advised that she would reply early next week to the Chairman's further letter seeking to meet the officials on 1 March 2002.
5.3. The Chairman thanked the Minister and she and her adviser left the meeting at 10.58am.
The Chairman adjourned the meeting at this point.
The Chairman declared the meeting open to the public at 11.07am. The Deputy Chairman and Messrs Bradley, Ford, Kane and Paisley Jnr were present.
6. The Potatoes Originating in Egypt (Amendment) Regulations (Northern Ireland) 2002.
6.1. The Chairman welcomed DARD official Mr Brian Gallagher to the meeting at 11.07am. Mr Gallagher explained the purpose of the proposed regulations as a measure, implementing an EC Directive, to prevent the import of potato brown rot disease. He assured the Committee that the Department had no option but to the transpose the EC Commission decision into national legislation.
6.2. In response to a question, Mr Gallagher undertook to let the Committee know if corresponding legislation had been enacted in the Republic of Ireland. Having established that the proposed rule had no direct financial implications for farmers and processors in Northern Ireland, members deliberated.
Resolved: that the Committee was content for DARD to proceed to make the rule.
6.3. The Chairman thanked Mr Gallagher who left the meeting at 11.12am.
7. Any Other Business:
7.1. Early Retirement Scheme for Farmers. A member asked the Committee to consider the possibility of the Committee initiating a Bill for the provision of an early retirement scheme for farmers. Members deliberated.
Resolved: that the Clerk would be asked to research the procedures involved in bringing forward a Committee Bill, explore the potential for a Bill in this case and advise the Committee.
8. Minutes of Proceedings on 15 February 2002.
Resolved: that the draft Minutes of Proceedings of 15 February 2002 were approved.
9. Matters arising from the meeting on 15 February 2002.
9.1. Review of Public Administration. Members considered the papers referred by the First Minister and Deputy First Minister on the Terms of Reference for the proposed review. Members deliberated.
Mr Dallat returned to the meeting at 11.19am.
Resolved: that Committee participation in the review would be confined to matters concerning DARD 'next steps' agencies, Non-Departmental Public Bodies, and any other DARD-related issues that emerge, including rural proofing, and that the Chairman would speak in the debate on this issue in the Assembly on 25 February 2002 to that effect.
9.2. Correspondence. The Committee noted copies of letters to Minister and to the Anglo-North Irish Fish Producers' Organisation Ltd. (ANIFPO), and from the Minister about the meeting on 15 February 2002. The Chairman explained that a further letter to ANIFPO, agreed at last week's meeting, had been withheld in view of the fishing boat tragedy.
10. Any other Business - continued.
10.1. Confidentiality of Committee Papers. Members considered the status of documents submitted to, and correspondence with, the Committee in the light of the Minister's request for copies of correspondence from the fish producers' organisations. Members deliberated.
Resolved: that such papers were confidential to the Committee unless and until those submitting the papers or correspondence agreed to those documents being shared with specified others.
Resolved: that the Clerk was asked to secure advice as to the legal position in relation to the Minister's assertion that such Committee documents were 'discoverable'.
11. SR 27/2002 - Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations (Northern Ireland) 2002.
11.1. The Committee, having examined the regulations in draft on 1 February 2002, formally considered this Rule.
Question put and agreed:
That the Committee for Agriculture and Rural Development has considered the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations (Northern Ireland) 2002 and, subject to the Examiner of Statutory Rules' Report, has no objection to the Rule.
12. SR 29/2002 - Marketing of Quality Agricultural Products Grant Regulations (Northern Ireland) 2002.
12.1. The Committee, having examined the regulations in draft on 1 February 2002, formally considered this Rule.
Question put and agreed:
That the Committee for Agriculture and Rural Development has considered the Marketing of Quality Agricultural Products Grant Regulations (Northern Ireland) 2002 and, subject to the Examiner of Statutory Rules' Report, has no objection to the Rule.
13. SR 30/2002 - Agricultural Processing and Marketing Grant Regulations (NI) 2002.
13.1. The Committee, having examined the regulations in draft on 1 February 2002, formally considered this Rule.
Question put and agreed:
That the Committee for Agriculture and Rural Development has considered the Agricultural Processing and Marketing Grant Regulations (NI) 2002 and, subject to the Examiner of Statutory Rules' Report, has no objection to the Rule.
Mr Armstrong returned to the meeting at 11.25am.
Resolved: that the Committee would remind DARD of the undertaking given by officials in relation to niche market producers and the percentage sourcing of raw materials from other producers.
14. SR 53/2002 - Diseases of Fish (Control)(Amendment) Regulations (Northern Ireland) 2002.
14.1. The Committee, having examined the regulations in draft with officials on 15 February 2002, formally considered this Rule.
Question put and agreed:That the Committee for Agriculture and Rural Development has considered the Diseases of Fish (Control)(Amendment) Regulations (Northern Ireland) 2002 and, subject to the Examiner of Statutory Rules' Report, has no objection to the Rule.
15. Foot and Mouth Disease (Controlled Area) Order (Northern Ireland) 2002.
15.1. Members noted the Minister's response to a Committee letter about relaxation of the deer hunting ban, accompanied by an agreed protocol for hunting with hounds and noted this Order, which removed the prohibition on deer hunting, and which did not require to be laid before the Assembly.
16. Food & Animal Feeding Stuffs (Products of Animal Origin from China) (Control) Regulations (Northern Ireland) 2002.
16.1. Members noted this rule, which had been made by the Food Standards Agency on behalf of the Department of Health, Social Services and Public Safety to suspend imports of products of animal origin from China for human or animal consumption.
17. DARD Service Delivery Agreement.
17.1. Members considered a draft response to the Department following discussion of DARD's Service Delivery Agreement with officials on 25 January 2002.
Resolved: that the draft response, amended to include reference to the absence of information as to how the Executive is defining and implementing rural proofing of policies, would be issued as the Committee's formal comments on the Service Delivery Agreement.
18. A Framework for Developing Northern Ireland's Participation in the European Union.
18.1. Members noted a memorandum from the Committee of the Centre covering a framework document from the Office of the First Minister and Deputy First Minister. Members deliberated.
Resolved: that the Committee would ask the Assembly research services to examine the framework document in relation to issues relevant to DARD.
Resolved: that the Committee response to the Committee of the Centre would emphasise the importance of Northern Ireland participation in the EU in the areas of DARD's responsibility; advise of the Committee's intention to commission research; and look forward to the Committee of the Centre's European Inquiry report to inform Committee consideration of any further action.
19. Any Other Business - continued.
19.1. Third Report of the Examiner of Statutory Rules. Members noted the Minister's response to the Chairman's letter about drafting deficiencies and breach of the 21-day rule, to which the Examiner had drawn attention.
19.2. Northern Ireland Eutrophication Strategy. Members noted correspondence from the Chairman of the Lough Neagh Advisory Committee (LNAC), and from the Committee for the Environment, relating to a draft Northern Ireland Eutrophication Strategy being produced by DOE's Environment & Heritage Service (EHS), and indicating that the Committee could expect to be consulted around the end of March 2002. Members deliberated.
Resolved: that when Committee views are sought, the LNAC Chairman would be invited to meet the Committee on the same day as discussions with DARD officials on relevant issues in the DOE (EHS) draft strategy.
Mr Ford left the meeting at 11.51am.
20. Vision Group Report Outcome - Committee Response to Minister.
20.1. Members deliberated on the memorandum submitted by the Minister and on discussions with the Minister and sub-group chairmen earlier.
Resolved: that the Clerk was instructed to draw up the Committee's draft response to reflect Committee deliberations.
Resolved: that the Committee's formal response to DARD would be published when agreed, along with transcripts of evidence sessions held.
21. Any Other Business - continued.
21.1. Rural Development Programme Brochure. Members noted the brochure, provided by DARD, setting out what can be achieved under the Rural Development Programme and pointing the way for future involvement. Members were asked to retain this brochure with their other documents related to the Committee's Rural Development Programme Inquiry.
21.2. Subsidy Payments. Members noted further information and a press notice provided by DARD. Members also noted that a further update could be expected around the middle of March 2002. A member raised the question of payment of the balance of sheep annual premium and another raised the issue of direct payments. Members deliberated.
Resolved: that the Committee would write to DARD to seek prompt payment of the balance of sheep annual premium and to ask DARD to consider payment of subsidies direct to farmers' bank accounts.
21.3. Farm Subsidies Appeals Procedure. Members noted the Minister's reply to the Committees enquiry about membership of the pool of independent appeal panel members, their selection and reasons for rejection of any applicants for inclusion in the pool.
21.4. Committee's Rural Development Programme Inquiry . members considered proposals for the conclusion of this Inquiry.
Resolved: that members would consider, at next week's meeting, DARD's response to the Committee's request for additional information and would agree outline findings and conclusions derived from this, with a view to considering a first draft report on Friday 8 March 2002.
22. Date of Next Meeting.
Resolved: that the next meeting of the Committee will be held on Friday 1 March 2002 at10.00am in room 135 Parliament Buildings.
The Chairman declared the meeting closed at 11.59am.
Ian R K Paisley
Chairman