COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
TUESDAY 23 MARCH 2010,
ROOM 144, PARLIAMENT BUILDINGS
Present:
Mr Jonathan Bell
Mr Roy Beggs
Mr Cathal Boylan (Deputy Chairperson)
Mr John Dallat
Mr David Ford
Mr Danny Kinahan
Mr Daithi McKay
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:
Mrs Dolores Kelly (Chairperson)
Mr Ian McCrea
Mr Alastair Ross
The meeting went into public session at 10.15a.m.
Apologies
Apologies are listed above.
1. Minutes
The minutes of the meeting on 18 March 2010 were agreed.
The minutes of the meeting on 23 March 2010 were agreed.
2. Wildlife and Natural Environment Bill – formal clause by clause consideration
The Committee agreed that agenda item 3 would be considered next; formal clause by clause consideration of the Wildlife and Natural Environment Bill.
The Chairperson informed members that they needed to formally consider Clauses 1, 2, 4, 9, 10, 15, 25, 26 and 28 and Schedules 1 and 2.
Clause 1 – duty to conserve biodiversity
The Committee agreed with Clause 1 as amended by the Department.
Clause 2 – biodiversity strategy
The Committee agreed with Clause 2 as amended by the Department.
Clause 3 – biodiversity lists
Members agreed to record in the Committee report that although Clause 3 was agreed as drafted, the Committee supported the Department’s subsequent amendment to extend the duties under the Clause beyond the Department to all public bodies.
Clause 4 – protection of nests of certain birds
Mr McKay joined the meeting at 10.25a.m.
The Committee agreed with Clause 4 as amended by the Department to add the white-tailed eagle, osprey, peregrine and red kite and, as amended by the Committee, to include the barn owl.
Clause 9 – protection of basking sharks from disturbance
The Committee agreed with Clause 9 as amended by the Department.
The Committee noted that a technical amendment needed to be made to the title of the clause to include seals.
Clause 15 – discharging firearms etc. from a vehicle
The Committee agreed that Clause 15 should be deleted.
Clause 26 – reduction in closed season for female deer
Mr Kinahan declared an interest as John Hetherington, Premier Woodlands Ltd, had carried out work on his behalf.
The Committee agreed with Clause 26 as amended by the Department.
Clause 28 – notification of change of owner or occupier
The Committee agreed with the Clause as drafted.
Clause 10 – snares
Mr Bell joined the meeting at 10.35a.m.
Mr Weir left the meeting at 10.37a.m.
The Deputy Chairperson put the following motion:
That the Committee is agreed with Clause 10 subject to a Committee amendment to ban the use of all snares.
The Committee divided:
AYES
Mr Boylan
Mr Ford
Mr McKay
Mr Dallat
NOES
Mr Bell
Mr Kinahan
Mr Beggs
The motion was therefore carried.
The Committee agreed with Clause 10 subject to a Committee agreement to ban the use of all snares.
Schedule 1 – amendments to schedules to the Wildlife Order
The Committee was content with the proposed Departmental amendments including the curlew, lapwing, redshank and winchat on Schedule 1 of the Wildlife Order and removing the curlew from Schedule 2 of the Wildlife Order.
The Committee agreed with the draft Committee amendment to include the golden plover on Schedule 1 of the Wildlife Order and remove it from Schedule 2.
The Committee agreed with the Departmental amendment confining the protection of the common skate to coastal waters.
The Committee agreed with the Departmental amendment adding the Chinese water deer and the Roe deer to the list of non-native species.
The Committee agreed with the Departmental amendment specifying the relevant species of knotweed included in Part 2 of Schedule 9 of the 1985 Wildlife Order.
The Committee considered a paper from the RSPB and decided to make a recommendation in the report that the Department takes cognisance of the Scottish approach in relation to alien invasive species.
The Deputy Chairperson informed members they had been provided with a draft Committee amendment in relation to the Irish hare.
The Deputy Chairperson put forward the following motion:
That the Committee is content with the draft Committee amendment to include the Irish hare on Schedule 5 of the 1985 Wildlife Order.
The Committee divided:
AYES
Mr Ford
Mr McKay
Mr Dallat
NOES
Mr Boylan
Mr Bell
Mr Beggs
Mr Kinahan
The motion therefore fell.
The Committee agreed with Schedule 1 in relation to the Irish hare as drafted.
Mr McKay left the meeting at 11.30a.m.
The Committee agreed with Schedule 1 as amended by the Department, as outlined in its list of amendments and as amended by the Committee to include the golden plover on Schedule 1 of the Wildlife Order, amend paragraph 4 to remove the yellowhammer, twite and reed bunting from Schedule 4 of the Wildlife Order and delete paragraph 4, sub paragraph 2 of Schedule 1 of the Bill.
The Committee agreed with Clause 25 as drafted.
Mr McKay rejoined the meeting at 11.35a.m.
Clause 14 – licences under Article 18
The Committee considered further papers from T.A.C.T. regarding group licences and decided it was content that the Department would continue to liaise with stakeholders with particular needs such as those requiring group licences or licensing under other legislation such as zoo licences.
Schedule 2 – amendments
The Committee agreed with the Departmental amendment to insert Clause 32A incorporating ‘possession’ into Special Protection Orders for game.
The Committee agreed with Schedule 2 as amended by the Department.
The Committee agreed to note in the report its support for the subsequent Departmental amendment to Schedule 3.
The Committee agreed to note in the report its support for the subsequent Departmental amendment to the Long Title.
3. Wildlife and Natural Environment Bill – Consideration of draft report
The Committee agreed that agenda item 4 would be considered next; consideration of draft report - Wildlife and Natural Environment Bill.
The Chairperson informed members that they had been provided with a draft Committee report on the Bill and a list of the appendices.
Agreed: That the key issues and appendices are included in the final report.
Members noted an RSPB paper on additional clauses or recommendations.
The Deputy Chairperson adjourned the meeting at 11.54a.m.
The meeting resumed at 12.01p.m. with the following members present: Mr Boylan, Mr Ford, Mr Bell, Mr Kinahan, Mr Beggs
4. NIEA briefing on Charging Policy – Synopsis of Responses
The Committee agreed that agenda item 5 would be considered next; NIEA briefing on Charging Policy – Synopsis of Responses.
The following members declared an interest:
Mr Beggs – member of Carrickfergus Borough Council
Mr Bell – members of Ards Borough Council
Mr Ford – member of Antrim Borough Council
Mr Kinahan – member of Antrim Borough Council and arc21 substitute
Mr Weir rejoined the meeting at 12.12p.m.
Mr Dallat rejoined the meeting at 12.12p.m.
NIEA officials briefed the Committee and answered members’ questions on the Charging Policy – Synopsis of Responses.
Agreed: That the Committee is content for the Department to proceed with the policy.
5. Local Government (Disqualification) (Amendment) Bill
The Committee agreed that agenda item 6 would be considered next; Local Government (Disqualification) (Amendment) Bill.
The following members declared an interest:
Mr Beggs – member of Carrickfergus Borough Council
Mr Bell – members of Ards Borough Council
Mr Ford – member of Antrim Borough Council
Mr Kinahan – member of Antrim Borough Council and arc21 substitute
Mr Dallat – member of Coleraine Borough Council
Mr Weir – member of North Down Borough Council
The Chairperson informed members that they had been provided with a draft motion to extend.
Agreed: That the motion is sent to the Business Office.
The Chairperson informed members that they had been provided at with a Research paper on the Bill.
Agreed: That the Research paper is published on the Assembly website.
The Chairperson informed members that they had been provided at with a memo from the Assembly and Executive Review Committee Clerk and that papers in relation to dual mandates had also been forwarded and will be provided to members at the meeting on 15 April.
6. Proposal for Secondary Legislation
The Committee agreed that agenda item 7 would be considered next; Proposal for Secondary Legislation.
The Private Water Supplies (amendment) Regulations (Northern Ireland) 2010
Agreed: That the Committee is content for the Department to proceed with the policy.
7. Statutory Rules
The Committee agreed that agenda item 8 would be considered next; Statutory Rules.
SR 2010/84 – The Waste Management Licensing (Fees and Charges for Carriers and Exempt Activities) (Amendment) Regulations (Northern Ireland) 2010
Question put and agreed:
‘The Committee for the Environment has considered SR 2010/84 – The Waste Management Licensing (Fees and Charges for Carriers and Exempt Activities) (Amendment) Regulations (Northern Ireland) 2010 and has no objection to this rule subject to the Examiner of Statutory Rules report.’
SR 2010/92 – The Environment (Northern Ireland) Order 2002 (Amendment) Regulations (Northern Ireland) 2010
Question put and agreed:
‘The Committee for the Environment has considered SR 2010/92 – The Environment (Northern Ireland) Order 2002 (Amendment) Regulations (Northern Ireland) 2010 and has no objection to this rule subject to the Examiner of Statutory Rules report.’
8. Consultations
The Committee agreed that agenda item 9 would be considered next; Consultations.
Consultation on update to the 2005 UK Detergent Regulations – synopsis of responses
Agreed: That the Committee is content for the Department to proceed with the policy.
Consultation on two draft Statutory Rules on the Control of Ozone Depleting Substances
Agreed: That a synopsis of responses to the consultation is requested.
Consultation on the Control of Pollution (Oil Storage) Regulations (Northern Ireland) 2010
Agreed: That a synopsis of responses to the consultation is requested.
Review of the Nitrates Action Programme Regulations (Northern Ireland) 2006 – update letter
Agreed: That members will consider a formal response once the consultation is issued.
9. Matters Arising
The Committee agreed that agenda item 2 would be considered next, Matters Arising.
The Deputy Chairperson informed members that they had been provided with a Departmental reply to a letter from Bryson House following a briefing to the Committee on their Sort it Out waste programme.
Agreed: That a copy of the reply is forwarded to Bryson House.
The Committee noted a Departmental reply to the Committee staff’s analysis of the last 2 quarterly updates on infractions.
Members noted a Ministerial reply to Committee queries on European issues.
Members stated that they would prefer to see earlier engagement with Europe on legislation to avoid potential infractions proceedings further into the process.
Members noted a Departmental reply to Committee queries on landfill tax.
Members noted a Departmental update on the Waste and Contaminated Land Bill.
Agreed: That visits to the Bryson Group recycling plant and NWP Recycling are arranged for Thursday 14 May 2010.
The Deputy Chairperson informed members that they had been provided with a Draft Committee response to the Clean Neighbourhoods Bill Consultation.
Agreed: That the response is issued to the Department indicating that it is an interim response at this stage.
Members noted a further reply from arc21 on a Single Waste Disposal Authority.
Mr Kinahan declared an interest as an arc21 substitute.
The Chairperson informed members that they had been provided at with a Research paper on the collection of waste fines in other jurisdictions.
Members felt that Northern Ireland Court Service was not justified in not specifying waste fines on the basis that there was a similar practice in England and Wales.
10. Correspondence
Letter from the minister re Planning application Z/2008/2306, proposed runway extension at George Best Belfast City Airport
Agreed: That a copy of the letter is forwarded to the Committee for Regional Development for information.
Email from William Black (Accessible Taxi Association NI) requesting to brief the Committee regarding concerns with the new Taxi Bill.
Agreed: That a copy of the e-mail is forwarded to the Department for comment on the issues raised in the e-mail.
Letter From Clerk to the Committee for Social Development regarding the Draft Urban Regeneration and Housing (Transfer of Functions) Bill.
Agreed: That a letter is sent to the Committee for Social Development advising that the Environment Committee will consider the community planning aspect of the Bill and that the Committee for Social Development considers the neighbourhood renewal aspects of the Bill.
Members noted the following items of correspondence:
Copy of the Key Outcomes from Strategic Leadership Board (SLB) meeting held on 25 February 2010.
Copy of ‘Joint Working’ bulletin. Joint Working between Local Government and the Public Health Agency.
11. Any other business
Mr Dallat raised the issue of an alert at George Best Belfast City Airport on Thursday 25 March.
Agreed: That a letter is sent to the Committee for Regional Development asking that any information obtained on the incident is shared with the Environment Committee.
12. Date, time and place of next meeting
The next meeting will be held on Thursday 15 April 2010 at 10.00a.m in Room 144, Parliament Buildings.
The Chairperson adjourned the meeting at 12.48p.m.