COMMITTEE FOR ENTERPRISE, TRADE AND INVESTMENT
MINUTES OF PROCEEDINGS
THURSDAY, 4 NOVEMBER 2010
ROOM 30, PARLIAMENT BUILDINGS
Present:
Mr Alban Maginness (Chairperson)
Mr Paul Butler (Deputy Chairperson)
Mr Paul Frew
Mr Paul Givan
Mr William Irwin
Ms Jennifer McCann
Dr Alasdair McDonnell
Mr Gerry McHugh
Ms Claire McGill
Mr Sean Neeson
In Attendance:
Mr Jim McManus (Assembly Clerk)
Ms Ashleigh Mitford (Assistant Clerk)
Ms Pauline Devlin (Clerical Supervisor)
Ms Michelle McDowell (Clerical Officer)
Apologies:
Mr Leslie Cree
The meeting began at 10.12am in public session.
1. Apologies
Apologies are detailed above.
2. Minutes of meeting held on the 21 October 2010
Agreed: The draft minutes of the meeting on the 21 October were agreed.
3. Declaration of Interests
No declarations were made.
4. Matters arising from meeting on 21 October 2010
The Committee noted a briefing from the Consumer Council in relation to its views on clause 10 of the Energy Bill.
Agreed: To copy the response to Departmental officials.
The Chair updated members on his recent attendance at the US Economic Conference in Washington, D.C.
10.15am Mr Irwin joined the meeting
Agreed: The Committee agreed that the Chairperson send a letter of thanks to US Secretary of State, Hilary Clinton and the US Economic Envoy for Northern Ireland, Declan Kelly.
Mr Neeson registered his disappointment that the Alliance Party was not represented at the Conference.
Members noted information regarding the rate of failures for new businesses supported under the “Start a Business Programme.”
Members discussed information regarding NI Tourism campaign.
Agreed: To receive the actions for the Tourism Strategy once the outcomes of the CSR are known.
Members noted that an informal meeting with Departmental officials regarding the Strategic Energy Framework (SEF) is scheduled for 1pm, Tuesday 9 November.
Members discussed the situation of the Presbyterian Mutual Society (PMS).
Agreed: To receive an oral briefing from the Department in relation to PMS at next week’s meeting.
Members noted that there are 4 oral briefings scheduled for next week’s meeting.
Agreed: To start next week’s meeting at 10am rather than 10.30am.
5. Renewable Energy Inquiry – Oral evidence from NPP MicrE and NPP SMALLEST projects
Officials joined the meeting at 10.25am.
Members received an oral briefing from David Hanna, Derek Bond, The University of Ulster (Department of Business, Retail &Financial Services in Coleraine), Leanne Rice, Action Renewables and Nick Lyth, International Resources and Recycling Institute. Key issues discussed included knowledge and skills of those providing expert advice on renewable energy; government support for the renewable energy sector; and planning delays and connection costs for renewable energy installations.
10.35am Mr McHugh and Mr Givan joined the meeting.
10.45am Ms McCann joined the meeting
Agreed: Mr Lyth agreed to provide a copy of a research paper to the Committee.
11.14am Dr McDonnell joined the meeting
Agreed: Officials agreed to provide written responses to further questions.
Officials left the meeting at 11.25am.
6. Renewable Energy Inquiry – Oral evidence from University of Ulster Centre for Sustainable Technologies
Professor Hewitt joined the meeting at 11.25am.
Members received an oral briefing from Professor Hewitt, University of Ulster Centre for Sustainable Technologies. Key issues discussed included a strategic approach to renewable energy from government; the possibility of “zoning” for renewable energy installations; and incentives for renewable energy.
Professor Hewitt left the meeting at 11.55am.
7. NIAUR Consultation on the Options for Coordinating the Relinquishing of Firmus Energy’s Supply Exclusivity in the 10 Towns Area: Oral briefing
Neil Bingham joined the meeting at 11.55am.
Members received an oral briefing from Neil Bingham, NI Authority for Utility Regulation. Key issue discussed included the responses to the NIAUR consultation; the issue of potential confusion for customers; and the need to promote competition in the gas market in the ten towns.
12.25pm Mr Neeson left the meeting
12.32pm Dr McDonnell left the meeting
Neil Bingham left the meeting at 12.33pm.
Agreed.: To return to this item of business at next week’s meeting.
Agreed.: Clerk to seek information from NIAUR surrounding the benefits of competition in terms of cost and service provision.
8. SL1 - Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) Regulations (Northern Ireland) 2010
Olivia Martin, DETI Energy Branch joined the meeting at 12.34pm
12.40pm Mr Frew left the meeting
12.41pm Mr Givan left the meeting
Members put questions to Ms Martin and discussed the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) Regulations (Northern Ireland) 2010.
Agreed: The Committee agreed that the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) Regulations (Northern Ireland) 2010 should progress to the next legislative stage.
12.44pm Mr Frew rejoined the meeting
9. Energy Bill – Preliminary view and Formal clause-by-clause
The Committee discussed outstanding issues in relation to the Energy Bill.
12.45pm Mr Irwin left the meeting
12.52pm Mr Givan rejoined the meeting
Agreed: The Committee agreed that it would vote on an amendment to clause 10 at formal clause by clause scrutiny stage.
The Committee formally scrutinised, clause-by-clause, The Energy Bill and agreed the following:
Clauses 1-9
1. Standards of performance in individual cases
2. Standards of performance in individual cases: disputes
3. Overall standards of performance
4. Procedures for determining standards of performance
5. Standards for promoting efficient use of gas
6. Information with respect to levels of performance
7. Information to be given to customers about overall performance
8. Procedures for dealing with complaints
9. Amendments to Energy Order relating to standards of performance
Question put and agreed: That the Committee is content with Clauses 1-9, as drafted.
Clause 10 – Damage to Gas Plant
Ms McCann proposed the following:
That clause ten, page 6, line 40 - leave out “or culpable negligence”
Question put
That this amendment be made.
The Committee divided. Ayes 4; Noes 2.
AYES
Ms McCann, Ms McGill, Mr Butler, Mr McHugh
NOES
Mr Frew, Mr Givan
Question put and agreed to.
Question put and agreed: That the Committee recommends to the Assembly that clause 10 be amended as follows, as agreed by the Department:
Clause 10, page 6, line 40, leave out ‘negligence’ in line 40 to ‘conveyer’ in line 41 and insert –
(a) damages or allows to be damaged any gas plant provided by a gas conveyor;
(b) alters the index of any meter used for measuring the quantity of gas conveyed or supplied by a gas conveyor or a gas supplier; or
(c) prevents any such meter from duly registering the quantity of gas conveyed or supplied,
Clause 10, page 7, line 3, leave out ‘subsection (1)’ and insert ‘subsection (1)(a)’
Clause 10, page 7, line 14, leave out ‘or disposal’ and insert, ‘disposal or repair’
Clauses 11-23
11. Exemption of gas plant from certain processes
12. Deemed contracts for supply in certain cases
13. Modification of conditions of gas supply licences in relation to deemed contracts
14. Powers of entry
15. Storage of gas
16. Appointment of meter examiners
17. Energy administration orders
18. Objective of an energy administration
19. Applications for energy administration orders
20. Powers of court
21. Energy administrators
22. Conduct of administration, transfer schemes etc.
23. Restrictions on winding-up orders
Question put and agreed: That the Committee is content with Clauses 11-23, as drafted.
Clause 24 - Restrictions on voluntary winding up
Question put and agreed: That the Committee recommends to the Assembly that Clause 24 be amended as follows, as proposed by the Department:
Page 16, line 8, leave out ‘leave’ and insert ‘permission’
Clauses 25-34
25. Restrictions on making ordinary administration orders
26. Restrictions on administrator appointments by creditors etc.
27. Restrictions on enforcement of security
28. Grant and loans
29. Indemnities
30. Guarantees
31. Modification of particular or standard conditions
32. Licence condition to secure funding of energy administration
33. Interpretation of Part 2
34. Regulations
Question put and agreed: That the Committee is content with Clauses 25-34, as drafted.
Clause 35 – Interpretation
Question put and agreed: That the Committee recommends to the Assembly that Clause 35 be amended as follows, as proposed by the Department:
Page 23, line 40, leave out ‘Energy’ and insert ‘Utility’
Clause 36-37
36. Commencement
37. Short title
Question put and agreed: That the Committee is content with Clauses 36-37, as drafted.
Schedule - Energy transfer schemes
Question put and agreed: That the Committee is content with the Schedule, as drafted.
Long Title
Question put and agreed: That the Committee is content with the long title, as drafted.
Agreed: To consider the draft report of the Bill at next week’s meeting.
10. Tourism Bill: Final Report
The Committee formally scrutinised each appendix of the final Bill report.
Agreed:That the following papers should be appended to the Committee’s report:
Minutes of proceedings
Minutes of evidence (Hansards)
Written submissions
Memoranda and papers from DETI
The Assembly Research Paper
List of witnesses
Agreed: Content that the draft Hansard from the 14 October meeting be included in the report as the final version.
Agreed: Chair to approve an extract from today’s minutes which reflect the read-through of the Report.
Agreed: To lay to report in its entirety in the Assembly Business Office after today’s meeting.
Agreed: To order 50 reports with a CD ROM and 30 full reports for printing.
11. Independent Review of Economic Policy – update on recommendations: Written briefing
Members discussed the written briefing.
Agreed: Content to ask the Invest NI CEO to provide detail on how the changes in Invest NI’s will impact the organisation and on NI business and the economy during his oral briefing to the Committee on 18 November.
12. Quinn Insurance – Final report of Response Coordinator: Written briefing
Members discussed the written briefing.
Agreed: To ask the Department how it plans to take forward the recommendations from the report.
Agreed: To forward the report to the Committee for Employment and Learning.
13. Energy Efficiency Levy: Written briefing
Members discussed the written briefing.
Agreed: To ask the Department what happened in relation to the levy in 2006/2007 and after 2007/2008.
1.11pm Ms McGill left the meeting
14. Correspondence
Members noted the following items of correspondence:
- Email from Small Wind Energy Group (SWEG) regarding its response to DETI’s NIRO 2011 consultation.
Agreed: To return to this item of correspondence at next week’s meeting.
- Letter from Jonathan Bell MLA regarding home heating oil prices.
Agreed: To write to Mr Bell and advise that the remit of his query relates more appropriately to the Department for Social Development and the DETI has no remit in domestic oil prices.
- Letter from Invest NI to a member of the public regarding its private business, copied to this Committee.
- Invitation:
- To Chair and Deputy Chair from European Commission to reception for Commissioner Máire Geoghegan-Quinn.
- To Committee members from DETI to NI Civil Service event on 16 November 2010.
- Members noted the following items of correspondence:
- Briefing paper from Department regarding prompt payment of invoices.
- Letter from Minister regarding extension of the Hallmarking (International Convention) (Amendment) Order 2010 to Northern Ireland.
- Letter from Community Relations Council regarding its response to OFMDFM’s Programme for Cohesion, Sharing and Integration consultation document.
- Letter from the Social Economy Network regarding its annual report.
- From the OFMDFM Committee:
- Memo regarding Draft Play and Leisure Implementation Plan.
- Armed Forces and Veterans Bill.
15. Any other business
Ms McCann expressed concerns around NITB’s reluctance to send representation to a conference in Derry.
Agreed: To ask the Northern Ireland Tourist Board for comment.
16. Date, time and place of next meeting
The next meeting of the Committee will take place on Thursday 11 November at 10.00am, Parliament Buildings, Room 30.
The Chairperson adjourned the meeting at 1.15pm.
Alban Maginness
Chairperson
Committee for Enterprise, Trade and Investment
November 2010
21 October 10 / Menu
