COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
Thursday 21 OCTOBER 2010,
ROOM 144, PARLIAMENT BUILDINGS
Present:
Mr Roy Beggs
Mr Cathal Boylan (Chairperson)
Mr Trevor Clarke
Mr Willie Clarke
Mr Danny Kinahan
Mr Patsy McGlone
Mr Alastair Ross
Mr Brian Wilson
In Attendance:
Dr Alex McGarel (Assembly Clerk)
Mrs Shauna Mageean (Assembly Clerk)
Mr Sean McCann (Assistant Clerk)
Mr Nathan McVeigh (Clerical Supervisor)
Ms Antoinette Bowen (Clerical Officer)
Apologies:
Mr Thomas Buchanan
Mr John Dallat
Mr Peter Weir
The meeting began in public session at 10.10 a.m.
1. Apologies
Apologies are listed above.
2. Minutes
The minutes of the meetings on 14 October 2010 and 19 October 2010 were agreed.
3. Matters Arising
The Chairperson informed members they had been provided with a Departmental reply to Committee queries on issues raised by QPANI at a meeting with the Chairperson and a Ministerial letter on the Aggregates Levy Credit Scheme.
Agreed: That a copy of the letter is sent to QPANI for information.
Members noted a Departmental reply to Committee queries on emergency planning.
The Chairperson informed members they had been provided with a Departmental reply to issues raised by the UFU at a recent meeting with the Chairperson.
Agreed: That a copy of the reply is sent to the UFU for information.
Members noted a Departmental reply to Committee queries on absenteeism levels in the Planning Service.
The Chairperson informed members they had been provided with a Departmental reply to Committee queries on the Roe Valley Hydro Electric Scheme.
Agreed: That a letter is sent to the Department asking for the Committee to be kept informed of the progress of the project.
The Chairperson informed members they had been provided with a Ministerial letter regarding Committee meetings.
Agreed: That a letter is sent to the Department asking for clarification on the use of the term ‘groups of members of the Environment Committee’ in terms of meeting departmental officials.
Agreed: That a meeting is arranged between Environment Committee members and Carrickfergus and Newtwonabbey road safety committees and that a note of the meeting is forwarded to the Department for comment.
Agreed: That a meeting is arranged with Tobermore Concrete products to discuss PPS7 and SuDS and that a note of the meeting is forwarded to the Department for comment.
The Chairperson informed members that they had been provided with a Ministerial letter in relation to funding to Statutory Transition Committees.
Mr Beggs declared an interest as a member of Carrickfergus Borough Council and a former member of the Strategic Leadership Board.
Mr Willie Clarke declared an interest as a member of Down District Council.
Agreed: That a letter is sent to the Minister asking for a timeline for these proposals.
Agreed: That a letter is sent to NILGA asking for an indication of the potential savings that might be lost from collaborative working as a result of the withdrawal of funding from Voluntary Transition Committees.
4. Local Government Finance Bill – informal Clause by Clause consideration
Mr Beggs declared an interest as a member of Carrickfergus Borough Council.
Mr Willie Clarke declared an interest as a member of Down District Council.
Departmental officials briefed the Committee and answered members’ questions on clauses 11 – 48 and schedules 1 and 2 of the Local Government Finance Bill.
Mr Trevor Clarke joined the meeting at 10.50a.m.
Mr Trevor Clarke declared an interest as a member of Antrim Borough Council.
Mr McGlone joined the meeting at 10.58a.m.
The following actions were agreed during the informal clause by clause consideration:
Clause 14
Agreed: That the Department is asked if it will introduce a power into the bill requiring consultation on the ‘national economic reasons’ issue.
Clause 24
Agreed: That the Department is asked for sight of its amendment prior to formal clause by clause consideration which is hoped will commence on18 November 2010.
Clause 27
Agreed: That the Department is asked to provide details of the formula used for setting the rates support grant and the process used for changing it.
Agreed: That the Department is asked if the formula is rural proofed and subject to an equality impact assessment.
Clause 30
Agreed: That a letter is sent to the Department suggesting the introduction of an early warning system for payments due by councils to departments etc.
Clause 34
Agreed: That the National Association of Councillors is asked for the reasons behind their request for an amendment to this clause.
Mr Wilson joined the meeting at 11.20a.m.
Clause 35
Agreed: That the Department is asked to provide further information on the estimated costs of the remuneration panel, information on how the panel will be appointed and whether the panel will look at provision for training councillors.
Clause 36
Agreed: That the Department is asked to provide further information in relation to a non councillor receiving expenses.
Clause 41
Agreed: That the Department is asked to provide a list of the professional bodies of which council officials are current members.
Social Clauses
Agreed: That Departmental officials provide the Committee with more information on the ongoing work in relation to the inclusion of social clauses in the Bill.
Mr McGlone left the meeting at 11.55a.m.
6. Waste and Contaminated Land Bill – formal clause by clause consideration
The Chairperson informedmembers they had been provided with a Ministerial letter on recycling, a Departmental reply to Committee queries on recycling, a letter from RecyCo on recyclate quality, a letter from Glassdon recycling, draft Departmental amendments, draft Committee amendments and the draft Committee report.
Agreed: That the correspondence is included in the Committee’s final report on the Bill.
Mr McGlone rejoined the meeting at 11.59a.m.
The Chairperson informed members they had been provided with the Departmental amendment to Clause 1 which will raise the upper limit of the range of fines for fixed penalties.
Mr Beggs declared an interest as a landowner and his father owns land on which waste practices are carried out.
Agreed: Thatthe Committee is content to agree Clause 1 subject to the Departmental amendment.
The Chairperson informed members they had been provided with the Departmental amendment toClause 5 to extend enforcement powers to local authorities.
Mr Beggs declared an interest as a member of Carrickfergus Borough Council.
Agreed: Thatthe Committee is content to agree Clause 5 subject to the Departmental amendment.
The Chairperson informed members they had been provided with the Departmental amendment toClause 8 which will provide for Planning Appeals Commission to charge a fee to hear an appeal.
Agreed: That the Committee is content to agree Clause 8 subject to this Departmental amendment.
The Chairperson informed members that they had also been provided with 2 Committee amendments.
The Chairperson informed members that the second Committee amendment would give the highest level of Assembly scrutiny to secondary legislation altering fixed penalty fines listed on the face of the Bill and existing Order.
Agreed: That the Committee is content to agree new Clause 9A to make Regulations altering fixed penalty fines under Articles 4A(10), 5A(10), 2B(5) and 42B(10) subject to draft affirmative procedure.
Members also agreed the following actions:
Agreed: That a letter is sent to the Department asking for a timeframe for all primary legislation being implemented or brought forward by the Department which should include anticipated dates of the commencement of subordinate legislation.
Agreed: That a letter is sent to the Department stating that the Committee would like the Minister to give a commitment in relation to commencement of the legislation at Consideration Stage of the Bill.
Agreed: That the Department officials forward a copy of the consultation document on the flytipping protocol to the Committee.
Mr McGlone left the meeting at 12.20p.m.
The Chairperson informed members that they had requested a Committee amendment to provide the Department with powers to introduce standards for the quality of recycled material collected by councils should it prove necessary in future.
Mr McGlone rejoined the meeting at 12.27p.m.
Mr Ross proposed a motion to withdraw this Committee amendment.
The Committee divided:
AYES
Mr Boylan
Mr Trevor Clarke
Mr Willie Clarke
Mr Alastair Ross
NOES
Mr Beggs
Mr Kinahan
Mr McGlone abstained.
The motion was therefore carried.
Members noted a copy of the draft Committee report on the Bill.
7.Wildlife and Natural Environment Bill
Mr Ross left the meeting at 12.47p.m.
Mr Kinahan left the meeting at 12.47p.m.
The Chairperson informed members they had been provided with a Departmental briefing paper on amendments, an explanatory memorandum on amendments, stakeholder views on amendments – Countryside Alliance, UFU, Irish Hawking Club and a copy of the Wildlife and Natural Environment Bill – as amended at Consideration Stage.
The Chairperson informed members that the first amendment was intended to give the Department the power to enter into management agreements with owners of land outside an ASSI for the purpose of managing that land in order to protect the ASSI.
Agreed: That a letter is sent to the Ulster Farmers’ Union asked them to specify what further information they required on the impact of this amendment on farmers and land owners.
The Chairperson informed members that the second amendment aimed to place a requirement on anyone carrying out authorised work on an ASSI to minimise any damage and to restore it to its former condition if damage did occur.
Agreed: That the Committee is supportive of the policy principles of this amendment and is content that the Department tables an amended version at Further Consideration Stage.
Members noted the Third Amendment as it will not be tabled at Further Consideration Stage.
Members noted the Fourth Amendment as it will not be tabled at Further Consideration Stage.
Possible amendment to make it an offence to possess wild birds obtained illegally elsewhere.
Agreed: That the Committee is content with the policy principles of this amendment and will support it if tabled at Further Consideration Stage.
Mr Ross rejoined the meeting at 12.55p.m.
Possible amendment to create an offence to possess toxic chemicals for which there is no legitimate use.
Agreed: That the UFU is asked for comments in relation to the potential impact this could have on farmers and landowners should it become part of the Bill.
8. Briefing by Departmental officials and the Local Government Auditor on the Local Government Auditor’s annual report
Mr Beggs declared an interest as a member of Carrickfergus Borough Council
Mr Kinahan rejoined the meeting at 12.56p.m.
Departmental officials and the Local Government Auditor briefed the Committee and answered member’s questions on the Local Government Auditor’s annual report.
The main areas of discussion were the arrangements for auditing councils, governance, controlled reserves, the role of the Chief Financial Officer and the Department’s views on the report’s findings..
Mr Ross left the meeting at 1.21p.m
Mr Kinahan left the meeting at 1.25p.m.
9. Proposal for Secondary Legislation
SL1 - Register of approved motorcycle instructors (AMIs) and compulsory basic training (CBT) for motorcyclists.
Agreed: That the Committee is content for the Department to proceed with the policy.
10. Consultations
Draft Controls on Ozone Depleting Substances Regulations (NI) 2010
Agreed: That the Committee is content for the Department to proceed with the policy.
12. Correspondence
Departmental response to the Culture, Arts and Leisure Committee queries regarding the Irish Trout & Fly Fishing Association concerns over the water quality of Lough Erne.
Agreed: That the response is forwarded to the Committee for Culture, Arts and Leisure.
Members noted the following correspondence:
Letter to advise the Committee of the Ministers intention to refuse planning application A/2006/0180 – Food store, Buncrana Rd, Londonderry.
Letter to advise the Committee of the Ministers intention to refuse planning application J/2009/0236/0 – Retail development, Strathmore Drive, Strabane.
14. Date, time and place of next meeting
The next meeting will be held on Thursday 04 November 2010 at 10.00a.m in Room 144, Parliament Buildings.
The Chairperson adjourned the meeting at 1.30p.m.
Cathal Boylan
Chairperson, Committee for the Environment
04 November 2010
19 October 10 / Menu
