COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
THURSDAY 20 NOVEMBER 2008,
ROOM 144, PARLIAMENT BUILDINGS
Present:
Mr Patsy McGlone (Chairperson)
Mr Roy Beggs
Mr Cathal Boylan
Mr Trevor Clarke
Mr David Ford
Mr David McClarty
Mr Ian McCrea
Mr Alastair Ross
Mr Peter Weir
In Attendance:
Dr Alex McGarel (Assembly Clerk)
Ms Patricia Casey (Bill Clerk)
Mr Hugh Widdis (Assembly Legal Services)
Mr Jonathan McMillan (Assembly Legal Services)
Mr William Long (Assistant Clerk)
Mr Sean McCann (Clerical Supervisor)
Mr Richard Clarke (Clerical Officer)
Apologies:
Mr Tommy Gallagher
Mr Daithi McKay
The meeting commenced in closed session at 10.37 a.m. Assembly Legal Services briefed the Committee on the position in relation to a proposed Ministerial Statement on the Goods Vehicles (Licensing of Operators) Bill.
Mr McClarty joined the meeting at 10.54am.1. Planning Policy Statement 4
Departmental officials briefed the Committee and answered members’ questions on draft Planning Policy Statement 4 (PPS4).
The Chairperson left the meeting at 12.00p.m. and Mr Boylan assumed the Chair.
The meeting went into public session at 12.01p.m.
2. Apologies
Apologies are detailed above.
3. Minutes
Agreed – the draft minutes of the meetings on 11 November and 13 November were agreed.
4. Matters Arising
UN Association – UK Conference on Climate Change:
The Chairperson advised members that the Research Office had provided a briefing note on the UN Association – UK Conference on Climate Change for information.
Independent Briefing on Chicken Litter and Meat and Bone Meal Incineration:
The Chairperson advised members that following the identification (by Assembly Research Service) of a company, Enviros, that specialises in giving independent advice on waste management to local authorities in England, the Committee Clerk had requested a quote for providing the Committee with independent information on the incineration of chicken litter and meat and bone meal.
Agreed: That a decision on this issue is left until after the proposed Committee visit to Fife in January 2009.
Local Government Pension Scheme:
The Chairperson advised members that Mr Sean Smyth, Regional Industrial Organiser, Unite the Union, had written to the Committee requesting the opportunity to meet with the Committee to discuss the proposed changes to the Local Government Pension Scheme.
Agreed: That representatives from Unite the Union and Departmental officials are invited to a future Committee meeting. A copy of the consultation responses to the proposed changes to the Local Government Pension Scheme was also requested.
Freedom of Information Request:
The Chairperson advised members that a ‘Freedom of Information’ request had been received from Claire Ferry, RSPB.
Mr McClarty left the meeting at 12.10p.m.
5. Clause by clause consideration of the Goods Vehicles (Licensing of Operators) Bill
Mr Beggs and Mr Clarke declared an interest.
The Committee deliberated on a proposal to make a recommendation in its report in relation to the separation of the regulatory and enforcement roles.
The Committee divided: Ayes 6; Noes 1;
| Ayes | Noes |
|---|---|
| Cathal Boylan | Trevor Clarke |
| Peter Weir | |
| Ian McCrea | |
| Roy Beggs | |
| Alistair Ross | |
| David Ford |
Agreed: That the Committee makes a recommendation in its report in relation to the separation of the regulatory and enforcement roles.
The Committee deliberated on a proposal to make a recommendation in its reports that the Department of the Environment pursues the feasibility of the appointment of a traffic commissioner for Northern Ireland, to have statutory responsibility for among other things, Goods Vehicles Operator Licensing.
The Committee divided: Ayes 6; Noes 1
| AYES | NOES |
|---|---|
| Cathal Boylan | David Ford |
| Peter Weir | |
| Ian McCrea | |
| Roy Beggs | |
| Alistair Ross | |
| Trevor Clarke |
Agreed: That this recommendation is included in the Committee’s report.
The Committee deliberated on a proposal to make a recommendation in its report that the Minister makes the following statement at Consideration Stage of the Bill:
‘Following a designation by the Department of a place as an ‘Operating Centre’ under the Goods Vehicles (Licensing of Operators) Bill, the issue of read-across into interest or action by Planning Service may be of concern to some. As Minister of the Department that includes the Driver and Vehicle Agency, Road Safety Division and Planning Service, I want to give you an assurance that the designation of a property as an Operating Centre will not in itself have any read-across to Planning action; nor will it be used by, or influence any action by Planning Service as to the use of the property.’
Agreed: That this recommendation is included in the Committee’s report.
Members completed their clause by clause scrutiny of the Bill and agreed as follows:
Clause 1 – Operators’ licences
Agreed: That the Committee is content with clause 1 as amended by the Department.
The Committee recommended a further amendment in relation to this clause so that powers to exempt vehicles, Clause 1(2)(d), becomes subject to draft affirmative procedure. The Department agreed to do this by making the necessary amendment to Clause 57(9) within which the power lies.
Mr Ford left the meeting at 12.33p.m.
Clause 2 – ‘Standard’ and ‘restricted’ licences
Agreed: That The Committee agreed to clause 2 as drafted.
Clause 3 –Temporary exemptions
Agreed: That The Committee agreed to clause 3 as drafted.
Clause 4 – Vehicles authorised to be used under operators’ licence
Agreed: That the Committee is content with clause 4 as amended by the Department.
Clause 5 – Maximum numbers of vehicles
Agreed: That the Committee agreed to clause 5 as drafted.
Clause 6 – Operating centres to be specified in operators’ licences
The Committee divided: Ayes 5, Noes 1
| AYES | NOES |
|---|---|
| Cathal Boylan | Trevor Clarke |
| Peter Weir | |
| Ian McCrea | |
| Roy Beggs | |
| Alistair Ross |
Agreed: ‘That the Committee is content with clause 6 as drafted’.
Clause 7 – Application for operators licences
Agreed: That the Committee agreed to clause 7 as drafted.
Clause 8 – Notification of events subsequent to the making of an application
Agreed: That the Committee agreed to clause 8 as drafted.
Clause 9 – Publication by Department of notice of application for licence
Agreed: That the Committee agreed to clause 9 as drafted.
Clause 10 – Publication in locality affected of notice of application for licence
Agreed: That the Committee agreed to clause 10 as drafted.
Clause 11 – Objections to, and representations against, issue of operators’ licences
Agreed: That he Committee agreed to clause 11 as drafted.
Clause 12 – Determination of applications for operators’ licences
Agreed: That the Committee agreed with clause 12.
The Committee recommended an amendment in relation to this clause so that powers to introduce a requirement for certificates of professional competence for restricted licences will be subject to greater Assembly scrutiny. The Department agreed to do this by making the necessary amendment to Clause 57(9) within which the power lies.
Clause 13 – Determination where objections etc are made on environmental grounds
Agreed: That the Committee agreed to clause 13 as drafted.
Clause 14 – Issue of operators’ licences
Agreed: That the Committee agreed to clause 14 as drafted.
Clause 15 – Duration of operators’ licences
Agreed: That the Committee agreed to clause 15 as drafted.
Clause 16 – Variation of operators’ licences
Agreed: That the Committee agreed to clause 16 as drafted.
Clause 17 – Publication of notice of applications for variation in any locality affected
Agreed: That the Committee agreed to clause 17 as drafted.
Clause 18 – Objection to, and refusal of, applications to vary operators’ licences on environmental grounds
Agreed: That the Committee agreed to clause 18 as drafted.
Clause 19 –Variation of Licences: further provisions
Agreed: That the Committee agreed to clause 19 as drafted.
Clause 20 – Conditions of Licences
Agreed: That the Committee agreed to clause 20 as drafted.
Clause 21 – Interim operators’ licences
Agreed: That the Committee agreed to clause 21 as drafted.
Clause 22 – Interim variations
Agreed: That the Committee agreed to clause 22 as drafted.
Clause 23 –Revocation, suspension and curtailment of operators licences
Agreed: That the Committee agreed to clause 23 as drafted.
Clause 24 – Revocation of standard licences
Agreed: That the Committee is content with clause 24 as amended by the Department.
Clause 25 – Disqualification
Agreed: That the Committee agreed to clause 25 as drafted.
Clause 26 – Revocation, disqualification, etc: supplementary provisions
Agreed: That the Committee is content with clause 26 as amended by the Department.
Clause 27 – Periods of review for operating centres
The Committee divided: Ayes 5;Noes 1
| AYES | NOES |
|---|---|
| Cathal Boylan | Trevor Clarke |
| Peter Weir | |
| Ian McCrea | |
| Roy Beggs | |
| Alistair Ross |
Agreed: That the Committee is content with clause 27 as drafted.
Clause 28 –Power to remove operating centres on review
Agreed: That the Committee agreed to clause 23 as drafted.
Clause 29 – Power to attach conditions on review
Agreed: That the Committee agreed to clause 29 as drafted.
Clause 30 – Transfer of operating centres
Agreed: That the Committee agreed to clause 30 as drafted.
Clause 31 – Determinations as to environmental matters
Agreed: That the Committee agreed to clause 31 as drafted.
Clause 32 – Power of Department to hold inquiries
Agreed: That the Committee agreed to clause 32 as drafted.
Clause 33 – Power of Department to appoint assessors
Agreed: That the Committee agreed to clause 33 as drafted.
Clause 34 – Review of decisions
Agreed: That the Committee agreed to clause 34 as drafted.
Clause 35 – Rights of appeal in connection with operators’ licences
Agreed: That the Committee agreed to clause 35 as drafted.
Clause 36 – Forgery of documents etc
Agreed: That the Committee agreed to clause 36 as drafted.
Clause 37 – False statements
Agreed: That the Committee agreed to clause 37 as drafted.
Clause 38 – Powers of entry
Agreed: That the Committee agreed to clause 38 as drafted.
Clause 39 – Power to seize documents etc
Agreed: That the Committee agreed to clause 39 as drafted.
Clause 40 – Obtaining of information etc by authorized persons
Agreed: That the Committee agreed to clause 40 as drafted.
Clause 41 – Obstruction of authorized persons
Agreed: That the Committee agreed to clause 41 as drafted.
Clause 42 – Exercise of enforcement powers: authorised persons and constables
Agreed: That the Committee agreed to clause 42 as drafted.
Clause 43 – Evidence by certificate
Agreed: That the Committee agreed to clause 43 as drafted.
Clause 44 – Detention of vehicle used without operator’s licence
Agreed: That the Committee agreed to clause 44 as drafted.
Clause 45 – Prosecutions
Agreed: That the Committee agreed to clause 45 as drafted.
Clause 46 – Disclosure of information
Agreed: That the Committee agreed to clause 46 as drafted.
Clause 47 – Fees
Agreed: That the Committee agreed to clause 47 as drafted.
Clause 48 – Operators’ licences not to be transferable
Agreed: That the Committee agreed to clause 48 as drafted.
Clause 49 – Certificates of qualification
Agreed: That the Committee agreed to clause 49 as drafted.
Clause 50 – Large goods vehicles
Agreed: That the Committee agreed to clause 50 being dropped.
Clause 51 – Method of calculating weight of vehicles
Agreed: That the Committee is content with clause 51 as amended by the Department’.
Clause 52 – Application of Act to holding companies and subsidiaries
Agreed: That the Committee agreed to clause 52 as drafted.
Clause 53 – Application of Act to partnerships
Agreed: That the Committee agreed to clause 53 as drafted.
Clause 54 – Application of Act to the Crown
Agreed: That the Committee agreed to clause 54 as drafted.
Clause 55 – Application of Act to harbours
Agreed: That the Committee agreed to clause 55 as amended by the Department.
Clause 56 – Supplementary provision
Agreed: That the Committee agreed to clause 56 as drafted.
Clause 57 – Regulations
Agreed: That the Committee is content with clause 57 subject to amendments agreed between the Committee and the Department.
Clause 58 – General interpretation
Agreed: That the Committee agreed to clause 58 as drafted.
Clause 59 – Amendments and repeals
Agreed: That the Committee agreed to clause 59 as drafted.
Clause 60 – Commencement
Agreed: That the Committee is content with clause 60 as drafted.
Clause 61 – Short title
The Committee agreed to clause 61 as drafted.
Schedule 1 – Meaning of ‘small goods vehicle’
Agreed: That the Committee is agreed to the Minister opposing the question that schedule 1 stands part of the Bill.
Schedule 2 – Transfer of operating centres
Agreed: That the Committee is content with schedule 2 as drafted.
Schedule 3 – Detention of vehicles used without operator’s licence
Agreed: That the Committee is content with schedule 3 as amended by the Department.
Schedule 4 – Large goods vehicles
Agreed: That the Committee is content with the Department removing schedule 4.
Schedule 5 – Amendments
Agreed: That the Committee is content with schedule 5 as drafted.
Schedule 6 – Repeals
Agreed: That the Committee is content with schedule 6 as drafted.
Long title
Agreed: That the Committee is content with the long title as drafted.6.
6. Budget Stocktake
Mr McGlone rejoined the meeting at 1.08p.m. and resumed the chair.
Mr Clarke left the meeting at 1.10p.m.
Departmental officials briefed the Committee and answered members’ questions on the Budget Stocktake.
Agreed: That the Committee write to the Department outlining its concerns on the Budget Stocktake.
7. Date, time and place of next meeting
The next meeting will be held on Thursday, 27 November 2008 at 10.30am in Room 144, Parliament Buildings.
The Chairperson adjourned the meeting at 1.22pm.