COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
THURSDAY 3 DECEMBER 2009,
SENATE CHAMBER, 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 Adrian McQuillan
Mr Alastair Ross
In Attendance:
Dr Alex McGarel (Assembly Clerk)
Mr Sean McCann (Assistant Clerk)
Mr Nathan McVeigh (Clerical Supervisor)
Ms Antoinette Bowen (Clerical Officer)
Apologies:
Mr Ian McCrea
Mr Daithi McKay
Mr Peter Weir
The meeting began in public session at 10.05a.m.
1. Apologies
Apologies are listed above.
2. Minutes
The minutes of the meeting on 26 November were agreed.
3. Chairperson’s Business
The Chairperson informed members that they had been provided with the press plan for the visit to Tayto.
Agreed: That information in relation to the visit will be forwarded to members when available.
The Chairperson informed members that a video conferencing company has offered to provide a link for the Committee to engage with participants at the UN Climate Conference in Copenhagen.
Agreed: That members would accept the invitation subject to advance notification of the meeting agenda.
4. Matters arising
The Chairperson informed members that they had been provided with a letter from the Chairman of Lough Neagh Advisory Committee.
The Chairperson declared an interest as a former board member of Lough Neagh Advisory Committee, Mr Kinahan declared an interest as a current board member of Lough Neagh Advisory Committee.
Agreed: That a meeting is arranged in January 2010 in the Lough Neagh Discovery Centre, that NIEA officials are invited to brief the Committee in relation to why funding is being stopped for Lough Neagh Advisory Council and that the Lough Neagh Advisory Council are also invited to brief the Committee at the same meeting.
The Chairperson informed members that they had been provided with a copy of the Wildlife and Natural Environment Bill, a draft public notice and a list of key stakeholders
Agreed: That the public notice is issued following the second stage reading of the Bill on Tuesday 8 December 2009, that Committee staff write to the list of key stakeholders inviting comments on the Bill and that concerns around the cost of public notices is conveyed to Assembly management.
The Chairperson informed members that they had been provided with a copy of a report into a Marine Management Organisation for Northern Ireland, a reply from NIMTF to the Committee’s request for their views on the Marine Strategy Framework Directive and a reply from the Minister to Committee queries on marine issues.
Agreed: That a response to the Marine Framework Directive is drafted for Committee approval and that Mr McCusker is invited to brief the Committee at a future meeting.
The Chairperson informed members that they had been provided with a copy of a Departmental reply to the Assembly Research paper on the powers of the Comptroller and Auditor General and the Local Government Auditor.
The Chairperson informed members that they had been provided with a copy of a Departmental reply to a Committee query on the recruitment of enforcement staff via a recruitment agency.
The Chairperson informed members that they had been provided with e mail correspondence from Peter Ward in relation to the designation of Lisnarragh ASSI and also a Departmental reply and previous Departmental correspondence in relation to this issue.
Mr Beggs joined the meeting at 10.20a.m.
Agreed: That Mr Ward’s correspondence is sent to the Department asking them to outline the procedure in relation to his concerns to seek a better understanding of the ASSI designation process and to ask what has been done to ensure best practice on this designation
The Chairperson informed members that they had been provided with a copy of a Ministerial reply to a Committee query on the possibility of the establishment of an environmental court.
Mr McQuillan joined the meeting at 10.25a.m.
The Chairperson informed members that they had been provided with a copy of a Departmental reply to Committee queries on local management area plans in relation to the draft River Basin Management Plan.
Agreed: That a letter is sent to the Department to ask if there has been any delay in European Interreg funding
The Chairperson informed members that they had been provided with a Departmental update on PSA targets.
Agreed: That a letter is sent to the department asking what special difficulties there has been with the European legislation on the introduction of the Compulsory Basic Training and if this has this been overcome. The letter is also to express the Committee’s disappointment with the timeframe and ask if this European legislation has been transposed elsewhere in the UK.
Agreed: That a letter is sent to the department asking why an Implementation Plan has never been produced in relation to PSA 22.
Agreed: that a letter is sent to OFMdFM Committee stating that in light of the information provided the Committee would like to see progress planned for in the period 2011- 2014 Implementation Plan.
The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on the progress of Clean Neighbourhood legislation.
Agreed: That a letter is sent to the Department noting that the Committee welcomed the legislation and encourages fast progress and to ask the Department when they plan to have this legislation before the assembly
The Chairperson informed members that they had been provided with a press plan and a draft press release for the Climate Change Report which had been amended with last week’s comments.
Agreed: That members are content with the press plan and press release and that a letter is sent to the Specialist Advisor thanking her for her help in producing the report.
The Chairperson informed members that they had been provided with a Departmental reply in relation to complaints made by Mr Gibson about Planning Service.
Agreed: That a letter is sent to Mr Gibson suggesting that he approaches the PSNI to launch a fraud investigation into his case.
The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on the Rose Energy proposal to develop a biomass fuelled power plant at Glenavy.
5. Departmental Briefing on the Local Government Finance Bill – synopsis of responses
The following members declared an interest:
Dolores Kelly – Member of Craigavon Borough Council and member of Craigavon Voluntary Transition Committee
Roy Beggs – Member of Carrickfergus Borough Council
Danny Kinahan – Antrim Borough Council
David Ford – Antrim Borough Council
John Dallat – Coleraine Borough Council
Adrian McQuillan – Coleraine Borough Council
Departmental officials briefed the Committee and answered members’ questions on the Local Government Finance Bill synopsis of responses.
The main areas of discussion were independent assessors, control of reserves, limits of approval and borrowing.
Agreed: That a letter is sent to the Department asking for a quarterly report on infractions in relation to European legislation, information on control of reserves and on any guidance that will be issued in relation to clause 7.
6. Proposals for Secondary Legislation
Members considered SL1 - Transposition of EC directive 1998/83/EC on the quality of water intended for human consumption, in respect of private water supplies and had no objections to the proposal.
Members considered SL1 – Proposed new conduct of drivers and passengers on buses regulations ( Northern Ireland) 2009 and has no objections to the proposal.
Members considered SL1 – The draft Local Government (Indemnities for Members and Officers) Order ( Northern Ireland) 2010 and had no objections to the proposal.
Members considered SL1 – European Community Whole Vehicle Type Approval – Proposed Amendments to the Motor Vehicles (Approval) Regulations (NI) 2001 and had no objections to the proposal.
Mr McQuillan left the meeting at 10.55a.m.
Members noted the synopsis of responses to The Pollution Prevention and Control (Amendment) Regulations ( Northern Ireland) 2009.
7. Consultations
Members considered Definition of “Significant Personal Injury” under the 5 th Motor Insurance Directive (the 5 th mid) (2005/14/EC) – Summary of Consultation Responses and were content for the policy to proceed.
Consultation on the Department’s proposal to make the Local Government (General Grant) (Amendment) Regulations ( Northern Ireland) 2010
Agreed: That a copy of the synopsis of responses is requested
Consultation Paper on the Legal Definition of Waste and its Application
Agreed: That a copy of the synopsis of responses is requested.
Consultation on NIEA Draft Charging Policy
Agreed: That a copy of the synopsis of responses is requested.
Members considered the synopsis of responses to the Public Consultation on the draft Pollution Prevention and Control (Amendment) Regulations ( Northern Ireland) 2009 and were content for the policy to proceed.
8. Correspondence
Letter from Mr Doherty in relation to his concerns at the proposed A6 Derry to Dungiven Duelling Scheme
Agreed: That Mr Doherty’s letter is sent to NIEA for comment.
Members noted the following items of correspondence:
E-mail from Jean Forbes requesting that the Committee holds a one day “Study Session” on possible designs for a new planning system.
November issue of “re:Source”.
Letter from the Minister advising approval of planning application R/2009.0476/O.
3rd edition of Larne Borough Council’s Sustainable Living Magazine.
A copy of the presentation given by Mr Doran to the Regional Development Committee.
Response from the First Minister and deputy First Minister on the Draft Disability Discrimination (Transport) Regulations (NI).
Letter from the Minister advising the approval of planning application X/2009/0465/F.
E-mail from Frank Harper.
The Chairperson advised members that the Department had informed Committee staff that, in relation to a recent Committee query, there were currently 12,000 outstanding planning applications and the Department would like guidance on what further specific information that members would like on these outstanding applications.
Agreed: That the Department provides the Committee with further detail on the major strategic applications that are designed to boost the economy.
Mr McQuillan rejoined the meeting at 11.02a.m.
9. Ministerial briefing on RPA
The following members declared an interest:
Dolores Kelly – Member of Craigavon Borough Council and member of Craigavon Voluntary Transition Committee
Roy Beggs – Member of Carrickfergus Borough Council
Danny Kinahan – Antrim Borough Council
David Ford – Antrim Borough Council
John Dallat – Coleraine Borough Council
Adrian McQuillan – Coleraine Borough Council
The Minister briefed the Committee and answered members’ questions on RPA.
The main areas of discussion were policy proposals, timing, the possibility of a single waste authoritity, a business service organisation, the recent PriceWaterhouseCooper report on RPA, planning, costs and transitional committees.
Mr Kinahan left the meeting at 11.40a.m.
Mr Ford left the meeting at 11.50a.m.
Mr Ross left the meeting at 11.51a.m.
Agreed: That Assembly Research is asked to provide a paper on the evaluation of PWC proposals in relation to a single waste authority and a business service organisation.
Agreed: That PriceWaterhouseCooper representatives are invited to brief the Committee at a future meeting.
10. Departmental briefing on Cam Road Landfill Site Planning Application
Departmental officials briefed the Committee and answered members’ questions on Cam Road Landfill Site Planning Application.
The main areas of discussion were the planning service’s accountability, potential conflict of interest, blasting, impacts on tourism, enforcement and the North West Region Waste Management Group’s role.
Agreed: That a letter is sent to the Department asking about any potential conflict of interest in the involvement of RPS consultants in relation to decisions being made for landfill sites in the North West RegionWaste Management Group area, more detail on the Planning Service’s accountability and more information on how they assess the impacts of development on tourism.
Agreed: That a letter is sent to the Planning Service asking how they are influenced by post planning enforcement issues and for clarification on the number of live applications for waste in the area of the North West Region Waste Management Group and how many of these have been approved.
Agreed: That a letter is sent to the North West Region Waste management Group asking how they come to a decision on the strategic location of waste management sites.
11. Briefing by Ringsend Community Group on Cam Road Landfill Site Planning Application
The Ringsend Community Group briefed the Committee and answered members’ questions on Cam Road Landfill Site Planning Application.
The main areas of discussion were the article 31process, the role of Planning Service, tourism and the possible health implications of this landfill site
Agreed: That a letter is sent to the Department asking what the status is with the Local Area Plan and asking how they consider the effect of other landfill sites in the vicinity in relation to transport, insect control and public health.
12. Any other business
13. Date, time and place of next meeting
The next meeting will be held on Thursday 7 January 2010 in Room 144, Parliament Buildings, at 10.00a.m.
The Chairperson adjourned the meeting at 12.48p.m.