Northern Ireland Assembly Flax Flower Logo

COMMITTEE FOR THE ENVIRONMENT

MINUTES OF PROCEEDINGS
THURSDAY 5 NOVEMBER 2009,
SENATE CHAMBER, PARLIAMENT BUILDINGS

Present:
Mr Roy Beggs
Mr Cathal Boylan (Deputy Chairperson)
Mr David Ford
Mrs Dolores Kelly (Chairperson)
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)
Ms Antoinette Bowen (Clerical Officer)

Apologies:
Mr John Dallat
Mr Danny Kinahan
Mr Daithi McKay

The meeting began in public session at 10.06 a.m.

1. Apologies

Apologies are listed above.

2. Minutes

The minutes of the meeting on 22 October were agreed.

3. Chairperson’s business

The Chairperson noted minutes of a meeting the Chairperson had held with the Energy Saving Trust.

The Committee noted receipt in confidence of the draft Wildlife and Natural Environment Bill.

4. Matters arising

The Chairperson informed members that they had been provided with a reply from the Minister in relation to the Committee’s letter asking that Cam Road residents are fully consulted before any decision is made on the planning application for a landfill site.

Members were also informed that the briefings by DOE officials and Cam Road residents on this issue will now take place on 3 December as the Committee has agreed to focus solely on the draft climate change report at the meeting on 12 November.

Agreed: That the correspondence from the Minister is shared with the Cam Road Residents .

The Chairperson informed members that they had been provided with a reply from Assembly Research to Committee queries on their Local Government Auditor research paper.

The Chairperson informed members they had been provided with the Northern Ireland Local Government Officer’s Superannuation Committee’s reply to the research paper on the powers of the Local Government Auditor in comparison with the powers of the Comptroller and Auditor General.

Agreed: That the research paper on Local Government Auditor is forwarded to the Staff Commission for their comments.

The Chairperson informed members they had been provided with a Departmental reply to the Committee’s request for further information on the timetable for future Commencement Orders following the Taxis Act and an indication of possible slippage. Members were also informed that they had been provided with a note from Mr Kinahan following his and the Chair’s meeting with members of the public taxi hire coalition.

Agreed: That the Taxis Act correspondence is forwarded to the DRD for comment as taxi ranks are now the responsibility of that department and the issue is put back on the agenda for further consideration when a response has been received.

The Chairperson informed members they had been provided with a DOE reply to a Committee query on the Local Government (General Grant) (Amendment) Regulations ( Northern Ireland) 2010 SL1 which was discussed at the meeting on 22 October

Agreed: That the Committee considered the SL1 Local Government (General Grant) (Amendment) Regulations ( Northern Ireland) 2010 and had no objections to the proposal.

The Chairperson informed members they had been provided with a DOE reply to a Committee query on the Departmental Efficiency Delivery Plan.

Agreed: That a letter is sent to the department asking how the Planning Service plan to make up the shortfall in planning application fees income.

The Chairperson informed members they had been provided at with a DOE reply to a Committee query on outstanding post project evaluations.

Agreed: That a letter is sent to the Department asking what mechanisms are in place to prevent this slippage happening again, which division is accountable and are consultants playing a role in this process.

The Chairperson informed members they had been provided with a DOE reply to a Committee query on actions the Department is taking to reduce non-industrial sick absence.

Agreed: That a letter is sent to the Department welcoming progress that has been made but highlighting the ongoing discrepancy between public and private sector sickness levels and targets and calling for more challenging public sector targets.

The Chairperson informed members they had been provided with a DOE reply to a Committee query on the Clean Neighbourhoods Bill.

5.Ministerial briefing on Planning Reform and PPS21

The Minister and officials briefed the Committee and answered members' questions on Planning Reform and PPS21.

The main areas of discussion were third party appeal mechanisms, the timeframe for implementation, the role of the Planning Appeals Commission, the robustness of the Planning Service, planning application backlogs, area plans and fines.

Agreed: That a letter is sent to the Department of Agriculture asking for a breakdown of farming and non farming dwellers in rural areas.

Agreed: That a letter is sent to DOE asking for further information in relation to the number of planning applications lodged under PPS14 in comparison to the number lodged under draft PPS21.

Agreed: That a letter is sent to DOE asking for details in relation to a planning application having been granted for a greenfield site in Randalstown.

6. Briefing by Institute of Directors on Planning Reform

Representatives from the Institute of Directors briefed the Committee and answered members’ questions on Planning Reform.

The main areas of discussion were the Planning Service’s role, the timescales for decisions on planning applications and the timescale for the implementation of planning reform.

Agreed: That the IOD forwards the Committee further information on planning reform.

7. Departmental briefing on Consultation on Reducing the Legal Blood Limit for Motorists in NI – synopsis of responses

Departmental Officials briefed the Committee and answered members’ questions on Consultation on Reducing the Legal Blood Limit for Motorists in NI – synopsis of responses

The main areas of discussion were penalties for offenders, graduated limits, conformity with Great Britain and the reliability of breathalyser equipment.

Agreed: That the Department forwards further information in relation to the percentage of respondents opposed to random breath testing and the Committee drafts a response to the consultation.

8. Proposals for secondary legislation

Members considered the SL1 – Groundwater (Amendment) Regulations ( Northern Ireland) 2009 and had no objections to the proposal.

Members considered the SL1 – Environmental Liability (Prevention and Remediation) (Amendment) Regulations ( Northern Ireland) 2009 and had no objections to the proposal.

Members considered the SL1 - Proposed Special Protection Order for the Irish Hare 2009/10 and had no objection to the proposal.

11. Consultations

Private Water Supplies (Directive 98/83/EC) – synopsis of responses:

Agreed: That the Committee is content for the policy to proceed.

Section 55 Penalties (Data Protection Act) Offences:

Agreed: That a synopsis of responses to the consultation is requested.

Graduated Fixed Penalty, Financial Penalty Deposit and Immobilisation Schemes (Road Traffic ( Northern Ireland) Order 2007 – synopsis of responses:

Agreed: That the Committee is content for the policy to proceed.

Review of the Nitrates Action Programme Regulations and Renewal of Northern Ireland Derogation:

Agreed: That the Committee receives details of the Nitrate Action Programme’s findings when available.

Local Government Pension Scheme – 85 year rule protections:

Agreed: That a synopsis of responses to the consultation is requested.

Real weight requirements for vehicles used for practical driving tests:

Agreed: That a synopsis of responses to the consultation is requested.

Marine Strategy Framework Directive:

Agreed: That a synopsis of responses to the consultation is requested.

Agreed: That the consultation is sent to the Northern Ireland Marine Task Force asking for their view and that committee staff draft a response to this consultation on behalf of the Committee.

Draft Local Government (Contracts) Regulations ( Northern Ireland) 2010:

Agreed: That a synopsis of responses to the consultation is requested.

12. Forward Work Programme

Members noted the updated version of the Committee Forward Work Programme.

13. Correspondence

1. Memo from Kathryn Bell (Clerk to the Committee for Culture, Arts & Leisure) regarding Townland Names

Agreed: That a response is sent expressing the Committee’s general support for this bill but highlighting that they are unable to give a more detailed response until they see the proposals.

2. E-mail from David Gibson regarding the failure of the Planning Service Audit Team to commence internal investigation re clay pigeon shoot.

Agreed: That Mr Gibson’s correspondence is forwarded to the Department for comment.

3. Email from Mark Farquhar (SWaMP) regarding a request to make a presentation to the Committee.

Agreed: That the Chairperson and Deputy Chairperson meet with Mr Farquhar and report back to the Committee.

4. Brian Dunn (BMA NI) - invitation to Chairperson - “Visit your Local GP Surgery”

Agreed: That the Chairperson accepts the invitation on the Committee’s behalf.

Members noted the following items of correspondence:

5. Memo from Clerk of OFMDFM Committee in relation to the Gender Equality Strategy.

6. E-mail from Irene McGee (NICCIP) on the first edition of the climate change newsletter in Northern Ireland.

7. Letter from the British Medical Association in relation to Mental Health in Northern Ireland – “The Way Forward”.

8. Research journal “Shared Space” – Peace, conflict and community relations in Northern Ireland.

9. Post conference report from Sustainable NI in relation to “Sense & Sustainability”: Financing the Path to Sustainability in a Tough Economy.

10. 2009 Report of the Northern Ireland Biodiversity Group on the delivery of the Northern Ireland Biodiversity Strategy.

11. October volume of “Concrete Plant & Precast Technology” from BFT International.

12. Thank you letter from Sandra Dane (BMF Business Services) to the Chairperson for her valued contribution as a speaker at the developing waste infrastructure conference.

13. E-mail from the department in relation to “Key Outcomes” document from the last Regional Transition Coordinating Group meeting.

14. E-mail from Equality Commission NI in relation to Commission approves 3 investigation reports.

Members noted the following invitations:

NICCIP “The Future of Climate Change” The risks and Benefits to your organisation.

NI Ombudsman 40 th Anniversary Event.

PSCA International Conference “Project & Programme Management”.

14. Any other business
15. Date, time and place of next meeting

The next meeting will be held on Thursday 12 November 2009 in Room 144, Parliament Buildings, at 10.00a.m.

The Chairperson adjourned the meeting at 12.55p.m.
Dolores Kelly
Chairperson, Committee for the Environment
12 November 2009

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