COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
THURSDAY 10 JUNE 2010,
ROOM 144, PARLIAMENT BUILDINGS
Present:
Mr Roy Beggs
Mr Cathal Boylan (Chairperson)
Mr John Dallat
Mr Danny Kinahan
Mr Ian McCrea
Mr Patsy McGlone
Mr Alastair Ross
Mr Peter Weir
Mr Brian Wilson
In Attendance:
Dr Alex McGarel (Assembly Clerk)
Mr Sean McCann (Assistant Clerk)
Mr Nathan McVeigh (Clerical Supervisor)
Ms Antoinette Bowen (Clerical Officer)
Apologies:
Mr Jonathan Bell
The meeting began in public session at 10.16 a.m.
1. Apologies
Apologies are listed above.
2. Minutes
The minutes of the meeting on 03 June 2010 were agreed.
3. Matters Arising
The Chairperson informed members they had been provided with a letter from the PAC regarding correspondence it has received from the Dundonald Green Belt Association on the planning agreement between the South Eastern and Social Care Trust and Knock Golf Club.
Mr Beggs joined the meeting at 10.17a.m.
Agreed: That a copy of the correspondence is forwarded to the Department for comment on the issues raised and that the Department is asked if the evidence given by the Planning Service at the meeting on 23 March 2010, in relation to the position of the South Eastern Health and Social Care Trust, was consistent with this position.
Members noted a letter from the Northern Ireland Court Service in relation to the recording of waste fines.
Mr McCrea joined the meeting at 10.20a.m
The Chairperson informed members they had been provided with a copy of the NIEA Business Plan for 2010 – 2011.
Agreed: That a letter is sent to the Department asking the following questions:
- How will NIEA establish its advisory role on a statutory footing when planning functions are devolved to councils?
- For more details on local management area plans; what they will include, which area will be targeted etc.
- How does an 88% discharge consent compliance rate compare with other UK regions/countries?
- For more details on the new management structure proposed for Strangford Lough and what implications, if any this has for the future management of Lough Neagh and other water bodies?
- What structures or mechanisms are in place to ensure there is ongoing effective communication place between Departmental units such as Enforcement and Natural Heritage?
The Chairperson informed members they had been provided with a Departmental update on implementation of Taxis Act and Goods Vehicles (Licensing of Operators) Act and note of meeting with Accessible Taxi Association.
Agreed: That a copy of the note of the meeting is sent to the Department for comment on the issues raised within the note and that a letter is also sent stating that members were disappointed with the Departmental update as it seems largely aspirational. The letter is also to included a request for Departmental officials tasked with implementing the Act to brief at a future meeting
The Chairperson informed members they had been provided with a Draft Committee reply to the Inquiry into the Role of the NI Assembly in Scrutinising the Executive’s Budget and Expenditure.
Agreed: That the response is issued.
The Chairperson informed members they had been provided with a DRD reply to Committee queries on a speed limits database.
Agreed: That a letter is sent to the Regional Development Committee requesting the estimated costs of a speed limits database.
The Chairperson informed members that the Department has withdrawn its responses to Committee queries on the 3 rd EC Directive on Driving Licences consultation. Another response will be issued shortly.
Mr McGlone left the meeting at 10.26a.m.
4. Local Government (Disqualification) (Amendment) Bill – Formal Clause by Clause Consideration
The Chairperson informed members they now needed to formally consider the clauses of the Bill and that they had been provided with a reply to Committee queries and draft amendments from the Sponsor of the Bill and a draft Committee amendment.
Clause 1 - Disqualification
Agreed: That the Committee is content with the Sponsor’s amendment.
Agreed: That the Committee is content with the Committee’s amendment.
Mr Beggs and Mr Kinahan abstained from offering views on the Committee amendment.
The Chairperson put the following question:
That the Committee is content with Clause 1 subject to the amendment proposed by the Sponsor and the amendment proposed by the Committee?
The following members abstained from offering views:
Mr Beggs, Mr Kinahan, Mr Dallat, Mr McCrea, Mr Ross, Mr Wilson, Mr Weir
The Committee was therefore unable to agree a position on Clause 1.
Clause 2 – Commencement
The following members abstained from offering views:
Mr Dallat, Mr McCrea, Mr Ross, Mr Wilson, Mr Weir
The Committee agreed the clause as drafted, put and agreed to.
Clause 3 – Short Title
The following members abstained from offering views:
Mr McCrea, Mr Ross, Mr Weir
The Committee agreed the clause subject to the amendment from the Sponsor, put and agreed to.
Long Title
The following members abstained from offering views:
Mr McCrea, Mr Ross, Mr Weir
The Committee agreed to the Long Title of the Bill subject to the amendment from the Sponsor, put and agreed to.
The Chairperson informed members that they had been provided with a letter from DemocraShe calling for an amendment to the Bill.
Agreed: That a letter is sent to DemocraShe indicating committee support for incentives to encourage women into political life but that, following procedural advice, the amendment was deemed inadmissible for this Bill.
5. Departmental briefing on the Waste and Contaminated Land Bill
The following members declared an interest:
Mr Beggs – Carrickfergus Borough Council
Mr McCrea - Cookstown District Council
Mr Weir – North Down Borough Council
Mr Wilson – North Down Borough Council
Departmental officials briefed the Committee and answered members’ questions on the Waste and Contaminated Land Bill.
The main areas of discussion were the functions of each clause of the Bill, fixed penalty notices, enforcement, waste licenses and the landowner liability.
Mr Wilson left the meeting at 11.43a.m
Agreed: That a letter is sent to the Department expressing members’ concerns, in relation to Clause 8, that the appeals process could be abused by offenders if there is no charge for an appeal. The letter is to ask for further information on the operation of the appeals process in other jurisdictions particularly in relation to the timeframes for appeals and also for further information on the proposed timeframe for appeals in this Bill. The letter is also to state, in relation to Clause 9 of the Bill, that the Committee requests clarification on the required period of time for final disposal of controlled waste.
6. arc21 briefing on the Waste and Contaminated Land Bill
The following members declared an interest:
Mr Beggs – Carrickfergus Borough Council
Mr McCrea - Cookstown District Council
Mr Weir – North Down Borough Council
Representatives from arc21 briefed the Committee and answered members’ questions on the Waste and Contaminated Land Bill.
The main areas of discussion were possible duplication of powers, fixed penalties, flytipping protocols, the need for guidance and intelligence gathering.
Mr McGlone rejoined the meeting at 11.59a.m
Mr Ross left the meeting at 12.00a.m
Mr Kinahan left the meeting at 12.04p.m
Agreed: That Assembly Research is asked to provide information in relation to the flytipping protocol used in England and Wales.
7. Departmental briefing on the Local Government Finance Bill
The following members declared an interest:
Mr Beggs – Carrickfergus Borough Council
Mr McCrea - Cookstown District Council
Mr McGlone – Cookstown District Council
Mr Weir – North Down Borough Council
Departmental officials briefed the Committee and answered members’ questions on the Local Government Finance Bill.
The main areas of discussion were the role of the Chief Financial Officer, external audit procedures, whether guidance will be mandatory and the timeframe for the Bill.
Mr Wilson rejoined the meeting at 12.07p.m
Mr McGlone rejoined the meeting at 12.11p.m
Mr Kinahan rejoined the meeting at 12.19p.m
Agreed: That a letter is sent to the Department asking for further information on the mechanisms that will be put in place for external audit and advice and what opportunities there may be in this bill to do this. Members would also like to know to what extent the guidance will be mandatory.
8. Departmental response to Committee’s Climate Change Inquiry Report
The Chairperson informed members they had been provided with the Department’s response to the Committee’s Climate Change Inquiry Report and also the terms of reference for possible research into the costs of climate change and opportunities and barriers for local councils.
Agreed: That the Committee is content with the terms of reference and that Assembly Research is contacted to advise that the Committee is content for the research to commence.
Agreed: That a letter is sent to the Department expressing disappointment with the Departmental response stating the members felt that the main thrust behind the Department’s acceptance of Committee recommendations was EU Directives rather than a lead from the Executive or the Department and that there was also a feeling that there is a lot of generalisation in the response rather than actual actions and that implementation is needed.
Agreed: That a letter is sent to the Department to ask for information on its prioritisation of the proposals in its response, the costs involved in their delivery and to request a Departmental briefing on progress of the proposals at a future meeting post summer recess.
Agreed: That the Departmental response is published on the website and forwarded to stakeholders for comment.
9. Proposal for Secondary Legislation
SL1 and consultation paper – regulations to initially allow and eventually require the fitting and use of new illuminated signs and flashing warning lights on school buses
Agreed: That a letter is sent to the Department asking for a definition of a school bus and information on the liaison there has been between DOE and DRD to ensure that mechanisms, resources and legislation are being put in place simultaneously.
Agreed: That Assembly Research is asked to establish is there still a requirement in the Highway Code that you cannot pass a school bus that has stopped on a road.
10. Statutory Rules
SR 2010/193 – The Public Service Vehicles (Conditions of Fitness, Equipment and Use) (Amendment) Regulations (NI) 2010
Question put and agreed:
‘The Committee for the Environment has considered SR 2010/193 – The Public Service Vehicles (Conditions of Fitness, Equipment and Use) (Amendment) Regulations (NI) 2010 and has no objection to this rule subject to the Examiner of Statutory Rules report?’
12. Consultations
The following members declared an interest:
Mr Beggs – Carrickfergus Borough Council
Mr McCrea - Cookstown District Council
Mr McGlone – Cookstown District Council
Mr Weir – North Down Borough Council
Mr Wilson – North Down Borough Council
Draft Clean Neighbourhoods and Environment Bill – synopsis of responses to consultation
Agreed: That the Committee is content for the Department to proceed with the policy.
13. Correspondence
Letter from Mr Ross MLA regarding the cost of car insurance in Northern Ireland and black box technology in cars.
Agreed: That details of a meeting between the Chairperson, Mr Pavis and Mr Ross are forwarded to all members.
The Committee noted the following items of correspondence:
Letters to the Chairperson and the Minister of the Environment regarding the proposed reduction in Planning Service Staff.
CBI response to consultation on Private Member’s Bill to introduce a levy on plastic bags.
Note of additional information available on BBC i player – Red driving school and the many dissatisfied trainee instructors.
Copy of NILGA’s weekly update, issue 5.
Letter to advise the Ministers intention to refuse planning application U/2007/0153/F – Hillhead Road, Ballyclare.
Letter to advise the Ministers intention to approve planning application P/2008/0926/O – mixed use development, Warrenpoint.
Letter and final version of Planning Policy Statement 21: Sustainable Development in the Countryside.
Letter of thank you for the Committees submission of evidence to the Committee Stage of the Roads (Miscellaneous Provisions) Bill.
Letter to advise the Ministers intention to refuse planning application F/2008/0114/O – retail foodstore, Larne.
Letter re Budget (NO.3) Bill 2010 and in particular the Excess Votes.
14. Any other business
The Chairperson informed members that they had been provided with correspondence from Belfast City Airport Watch.
Agreed: That this issue is further discussed at the Committee meeting on Tuesday, 15 June 2010.
The Chairperson informed members that they had been provided with a draft press release ahead of the Committee’s visit and meeting at DVA, Coleraine on 17 June 2010.
Agreed: That the press release is issued.
Mr Beggs raised the issue of recent fires at tyre depots and the environmental consequences.
Agreed: That a letter is sent to the Department requesting more information on how depots are regulated by the Department, how people in the immediate vicinity of the depots are protected and how the Department ensures the recycling of materials from tyre depots.
16. Date, time and place of next meeting
The next meeting will be held on Tuesday 15 June 2010 at 12.30a.m in Room 144, Parliament Buildings.
The Chairperson adjourned the meeting at12.46 p.m.
Cathal Boylan
Chairperson, Committee for the Environment
17 June 2010