COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
THURSDAY 1 OCTOBER 2009,
ROOM 144, PARLIAMENT BUILDINGS
Present:
Mr Roy Beggs
Mr Cathal Boylan (Deputy Chairperson)
Mr John Dallat
Mr David Ford
Mrs Dolores Kelly (Chairperson)
Mr Danny Kinahan
Mr Ian McCrea
Mr Adrian McQuillan
Mr Alastair Ross
Mr Peter Weir
In Attendance:
Dr Alex McGarel (Assembly Clerk)
Mr Sean McCann (Assistant Clerk)
Mr Nathan McVeigh (Clerical Supervisor)
Mr Steven Mealey (Clerical Officer)
Apologies:
Mr Daithi McKay
The meeting began in public session at 10.05. a.m.
1. Apologies
Apologies are listed above.
2. Minutes
The minutes of the meeting on 24 September were agreed subject to a minor amendment.
3. Chairperson’s business
The Chairperson informed members that she met with the Rural Community Network on 22 September to hear their views on Planning Reform.
The Chairperson informed members that the visit to the European Commission and European Parliament will take place from 4 – 6 October. Members had been provided with a copy of the itinerary in meeting papers.
The Chairperson informed members that the Committee meeting on 22 October will take place at Derrygonnelly Field Studies Centre Fermanagh. Members should indicate their availability to Committee staff if they hadn’t already done so. The RSPB had also written to the Committee asking for members to view some of their work in the area.
Agreed: That a letter is sent to the RSPB advising that, due to time constraints, the Committee will not be able to take up this invitation.
4. Matters arising
The Chairperson informed members that they had been provided with a Departmental response on Driver and Vehicle Agency’s recruitment of enforcement officers as requested by the Committee at the meeting on 10 September.
Agreed: That an explanation for the moratorium on filling vacancies is requested from the Department and that information is requested on the timescale for re-introduction of the Goods Vehicles (Licensing of Operators) Bill and details of the existing legislation that the new enforcement officers would be working to.
The Chairperson informed members that they had been provided with a copy of the Departmental briefing note on ePIC from the meeting on 17 September when members decided to refer the project to the Comptroller and Auditor General.
The Chairperson informed members that they had been provided with copies of the PFG Delivery report on Public Service Agreements, the DALO letter regarding DOE performance on these targets and a comparison table highlighting differences in the PFG report and the DOE performance update.
Agreed: That a letter is sent to OFMdFM asking for further information on the review of PSA 22 and that a letter is sent to DOE seeking clarification on the discrepancies around PSA 20.
The Chairperson informed members that they had been provided with a Departmental reply to the Committee’s query on the DOE Gender Equality Strategy action plan.
Agreed: That a letter is sent to the DOE expressing disappointment with the unspecific and generalised targets for females.
Agreed: That a letter is sent to the DOE asking if a similar action plan is in place for disability.
Agreed: That a copy of the plan is forwarded to the Women’s Ad Hoc Policy Group and the Equality Commission seeking comments on what actions can be taken to improve the plan.
Mr Ford joined the meeting at 10.28a.m.
Mr McQuillan joined the meeting at 10.32a.m.
The Chairperson informed members that they had been provided with a Departmental reply on September monitoring round bids as requested at the meeting on 10 September. The Committee had asked for further information on the urgent capital bids for work at Crawfordsburn Country Park and the Water Management Unit at Lisburn.
Agreed: That a letter is sent to DFP asking for the decision on treating the SWIF funding as capital money rather than resource is reviewed as the Committee is concerned with the implications of delays on potential infraction proceedings regarding waste.
The Chairperson informed members that they had been provided with a copy of the DOE infraction schedule. The Department agreed to forward a schedule on a 6 monthly basis.
Agreed: That, in future, the Department provides the Committee with a tabular comparison highlighting which issues are new and which issues have been dealt with.
Agreed: That a letter is sent to the Department asking for a detailed schedule on any issue facing article 228 proceedings and asking for information on the work the Department is carrying out to rectify the situation to the satisfaction of the European Commission.
The Chairperson informed members that they had been provided with a Departmental reply on the planning application for a landfill site at Cam Road. Members requested a written briefing at the meeting on 10 September.
Mr Dallat proposed the motion that the Committee hear the local residents’ views before hearing from the Department.
The Committee divided:
| AYES | NOES |
| John Dallat | Roy Beggs |
| Cathal Boylan | Peter Weir |
| David Ford | Alastair Ross |
| Adrian McQuillan | Ian McCrea |
| Dolores Kelly | Danny Kinahan |
The motion therefore fell.
Agreed: That Departmental officials are invited to brief on this issue at a future meeting and that the local residents are also invited to brief members at the same meeting after the Department.
Agreed: That a letter is sent to the Minister seeking reassurance that the assurances that he gave to Cam Road residents in relation to the planning application would be kept.
Mr Ford left the meeting at 11.08a.m.
Mr Weir left the meeting at 11.08a.m.
Mr McCrea left the meeting at 11.08a.m.
The Chairperson informed members that they had been provided with a Departmental reply on the North/South Interconnector as requested at the meeting on 10 September.
Agreed: That a letter is sent to the Department asking for regular updates on the progress of the planning application on this issue.
The Chairperson informed members that they have been provided with a Research paper – comparison of Auditor General powers with the powers of the Local Government Auditor as requested at the meeting on 17 September.A member of Assembly Research and Library Services briefed members on the paper.
Agreed: That Assembly Research would provide further information on the one local council that does not have an internal audit process, proposals in the RPA in relation to the internal audit process and information on whether a Statutory Transition Committee has the power to veto a Local Government Auditor decision.
Agreed: That a copy of the Research paper is published on the Assembly website and forwarded to NILGA, NILGOSC and the DOE local government division for comment.
5. Local Government (Miscellaneous Provisions) Bill – Oral Evidence Session –James Whitten
The following members declared an interest:
Dolores Kelly – Member of Craigavon Borough Council
Roy Beggs – Carrickfergus Borough Council
John Dallat – Coleraine Borough Council
Danny Kinahan – Antrim Borough Council, substitute of South Antrim council on Arc21
Omagh District Council officials briefed the Committee and answered members’ questions on the Local Government (Miscellaneous Provisions) Bill.
The main areas of discussion were ideas for recognition of councillors’ work in local government, the timescale for a severance scheme and severance schemes in other UK administrations.
6. Local Government (Miscellaneous Provisions) Bill – Initial clause by clause consideration
Mr Ross left the meeting at 11.47a.m.
The following members declared an interest:
Dolores Kelly – Member of Craigavon Borough Council
Roy Beggs – Carrickfergus Borough Council
John Dallat – Coleraine Borough Council
Danny Kinahan – Antrim Borough Council, substitute of South Antrim council on Arc21
Ian McCrea – Cookstown Borough Council
David Ford – Antrim Borough Council
Mr Ford rejoined the meeting at 11.48a.m.
Mr McCrea rejoined the meeting at 11.49a.m.
Mr Ross rejoined the meeting at 12.05p.m.
The main areas of discussion were Statutory Transition Committees, severance packages and the functions of councils after the establishment of transition committees and co-option.
Mr Kinahan left the meeting at 12.17p.m.
Mr McQuillan lef the meeting at 12.30p.m.
The Chairperson left the meeting at 12.36p.m. and Mr Boylan assumed the Chair.
7. Local Government (Miscellaneous Provisions) Bill – formal clause by clause consideration
The Chairperson informed members that they now needed to formally consider each clause of the Bill.
Clause 1. Functions to include power to enter contracts
The Committee agreed to the clause as drafted, subject to the removal of sub paragraph (3)
Clause 2. Certified contracts to be intra vires
The Committee decided further information was needed on this clause before coming to a decision.
Clause 3. The certification requirements
The Committee agreed to the clause as drafted.
Clause 4. Certified contracts: supplementary
The Committee agreed to the clause as drafted.
Clause 5. Special provision for judicial reviews and audit reviews
The Committee agreed to the clause as drafted.
Clause 6. Relevant discharge terms
The Committee agreed to the clause as drafted.
Clause 7. Absence of relevant discharge terms
The Committee agreed to the clause as drafted.
Clause 8. Interpretation of this Part
The Committee agreed to the clause as drafted.
Clause 9. Introductory
The Committee decided further information was needed on this clause before coming to a decision.
Clause 10. Control of disposals and contracts of existing councils
The Committee decided further information was needed on this clause before coming to a decision.
Clause11. Directions: supplementary
The Committee agreed to the clause as drafted.
Clause12. Consideration to be taken into account for purposes of direction
The Committee agreed to the clause as drafted.
Clause13. Contravention of direction
The Committee decided further information was needed on this clause before coming to a decision.
Clause 14. Statutory transition committees: constitution
The Committee decided further information was needed on this clause before coming to a decision.
Clause 15. Statutory transition committees: functions
The Committee decided further information was needed on this clause before coming to a decision.
Clause 16. Power to modify existing legislation
The Committee decided further information was needed on this clause before coming to a decision.
Clause 17. Severance payments to councilors
The Committee decided further information was needed on this clause before coming to a decision.
Clause 18. Acquisition of land otherwise than by agreement
The Committee agreed to the clause as drafted.
Clause 19. Application of certain provisions to certain joint committees constituted as
bodies corporate
The Committee agreed to the clause as drafted.
Clause 20. Regulations and orders
The Committee agreed to the clause as drafted.
Clause 21. Interpretation of this Act
The Committee agreed to the clause as drafted.
Clause 22. Commencement
The Committee agreed to the clause as drafted.
Clause 23. Short title
The Committee agreed to the clause as drafted.
Long title
The Committee agreed to the Long title of the Bill
8. SL1 – Mobile Air Conditioning Systems in Passenger Cars and Vans
The Chairperson informed members they considered this SL1 at the meeting on 10 September when they decided that they would like further information before making a decision.
Agreed: That the Committee is content with the proposal.
Members noted a copy of the second Examiner of Statutory Rules report.
9. Consultations
Consultation on draft River Basin Management Plans:
Agreed: That a copy of the synopsis of responses is forwarded to the Committee for Regional Development and that DOE officials are invited to brief on this issue at a future Committee meeting.
The draft Disability Discrimination (Transport Vehicles) Regulations (NI) :
Agreed: That a response is drafted based on the evidence given to the Committee during the Committee stage of the Taxis Bill.
Consultation on the definition of “Significant Personal Injury” under the 5 th Motor Insurance Directive (2005/14/EC):
Agreed: That a copy of the synopsis of responses is requested from the Department along with the list of targeted groups referred to in the consultation.
Consultation on retrofitting of mirrors to HGVs – synopsis of responses:
Agreed: That a letter is sent to the Department advising the Committee is content for the policy to proceed but has concerns around the costs being passed to the road haulage industry.
10 .Forward Work Programme
The noted the updated version of the Committee Forward Work Programme for information.
Members noted that the Committee meeting on 22 October would take place in Derrygonnelly Field Studies Centre, Fermanagh.
11. Inquiry into Climate Change update
The Chairperson informed members they had been provided with a letter from the DFP Minister Sammy Wilson in relation to a Committee query on the funding options available to the Carbon Trust to assist the public sector to meet its carbon reduction commitments.
The Chairperson informed members they had been provided with a copy of Greenhouse Gas Emissions from Road Transport – Baseline Report which was forwarded by the Committee for Regional Development.
Agreed: That this information is incorporated into the final Committee report.
12. Correspondence
1.Letter from Michael Copeland on behalf of the RACKS residents group seeking a meeting with the Committee Chairperson.
Agreed: That more information is sought in relation to this request.
2. Rural Community Network request to brief the Committee and give evidence during the Committee Stage of the Planning Reform proposals.
Agreed: That a letter is sent to the Rural Community Network advising Departmental officials and the Minister will brief members on this issue at the meeting on 5 November and advising that they may wish to submit a briefing when the Planning Reform Bill reaches Committee stage.
3. Letter from D Engineering Ltd requesting the chance to brief the Committee on pyrolysis of poultry litter.
Agreed: That a copy of the letter is forwarded to the Committee for Agriculture and Rural Development and that further information is sought from D Engineering Ltd.
4. Request from Drumadarragh Residents Association to brief the Committee on PPS 18.
Agreed: That a copy of the letter is forwarded to the Department for comment.
5. Letter from DOE in reply to Cllr Tom Ekin’s correspondence on the Clean Neighbourhood agenda.
Agreed: That a copy of the reply is sent to Cllr Ekin
The Committee noted the following items of correspondence:
Briefing from RSPB - Energy: A Draft Strategic Energy Framework for Northern Ireland 2009.
Northern Ireland Local Government Officers’ Superannuation Committee Annual Report 08/09.
Planning Service Development Management Statistics Northern Ireland, 2009/10 First Quarterly Statistical Bulletin (April to June 2009).
Memo from Clerk to the Central Committee Office regarding the publication of members’ attendance at Committee meetings.
Letter from RSPB regarding their “Safe and Sound” leaflet.
Members noted the following media articles and DOE press releases:
I want to leave environment in better shape says Minister Poots
Greens call on Poots to set five-year emission targets
Poots Delivers Road Safety Message
Minister Poots commits to Waste Management Strategy
Poots announces legislation on high hedges and clean neighbourhoods
Poots welcomes fall in Greenhouse gas emissions
Role of Transition Committees is crucial – Poots
Poots encourages motorcyclists to bike safely
Members noted the following invitations:
Invitation from RTPI to a series of events:
Update on approaches to open space
Retail and town centres conference
Planning and health in the community
Transport and development conference
Environmental Impact Assessments
13. Any other business
14. Date, time and place of next meeting
The next meeting will be held on Thursday, 8 October2009 at 10.00am in Room 144, Parliament Buildings.
The Deputy Chairperson adjourned the meeting at 1.12p.m.