COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
THURSDAY 04 NOVEMBER 2010,
ROOM 144, PARLIAMENT BUILDINGS
Present:
Mr Cathal Boylan (Chairperson)
Mr Thomas Buchanan
Mr Trevor Clarke
Mr Willie Clarke
Mr John Dallat
Mr Danny Kinahan
Mr Patsy McGlone
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 Alastair Ross
Mr Brian Wilson
The meeting began in public session at 10.04 a.m.
Mr McGlone expressed his dissatisfaction with the recent standard of Departmental responses to Committee queries and asked that a Committee working lunch is held to discuss the Committee’s work priorities.
Agreed: That a working lunch is arranged after a future Committee meeting to discuss forward work priorities.
1. Apologies
Apologies are listed above.
2. Minutes
The minutes of the meeting on 21 October 2010 were agreed.
3. Chairperson’s business
The Chairperson informed members they had been provided with a copy of a note of a meeting held with Recycle Down Ltd.
Agreed: That the note of the meeting held with Recycle Down Ltd is forwarded to the Department to encourage Departmental officials to engage with this company and other similar companies as members feel there might be new technologies becoming available to deal with poultry litter other than incineration.
Mr McGlone left the meeting at 10.16a.m.
4. Matters Arising
The Chairperson informed members that they had been provided with a tabled paper from the FTA in relation to Goods Vehicle (licensing of Operators) Bill.
Agreed: That the letter is forwarded to the Department to ask for the reasons for the delay in a response to Mr Wilson.
Members noted a Departmental reply to Committee queries on DOE hospitality.
Members noted a Departmental reply to Committee queries on the Department’s Disability Action Plan.
Members noted a paper from Assembly Legal Services on the Obligations on the NI Executive under the Aarhus Convention.
Mr McGlone rejoined the meeting at 10.20a.m.
Mr Trevor Clarke joined the meeting at 10.20a.m.
The Chairperson informed members they had been provided with a Departmental reply to Committee queries on PSA targets.
Agreed: That a letter is sent to the Department asking for clarification on the impact of the Spending Review on the Carbon Reduction Commitment Scheme in Northern Ireland and on other schemes related to reducing energy consumption and greenhouse gas emissions.
Agreed: That a letter is sent to the Department asking, in relation to PSA 22, for information on what the key targets for delivery actually are in relation to the Sustainable Development Action Plan and on what the credible targets are in relation to the work of the Cross Departmental Working Group and when the targets will be finalised. The Department is also to be asked why it has identified risks in relation to waste treatment when the issues are within the control of the Department and if the Department can quantify the risks.
The Chairperson informed members they had been provided with a Ministerial reply to Committee queries on the Knock Golf Club planning application, a Departmental reply to queries on the citing of council support and the Dundonald Green Belt Association complaint to Planning Service which they advise has now been sent to the Ombudsman.
Agreed: That a Departmental briefing on this issue is arranged for a future Committee meeting.
Agreed: That a letter is sent to the Ombudsman asking when his report in relation to this issue will be available.
Agreed: That a letter is sent to OFMdFM asking when the Ombudsman will receive additional powers to enable him to deal more effectively with planning issues.
The Chairperson informed members they had been provided with a Departmental reply to Committee queries on warning lights on school buses legislation.
Agreed: That a letter is sent to the Department asking if the Federation of Passenger Transport was included in this consultation and if buses registered in the Republic of Ireland and used in Northern Ireland are subject to the same safety regulations in relation to the transportation of school children.
The Chairperson informed members that he would suspend the remainder of Matters Arising to allow the briefing sessions to take place.
5. NILGA briefing on the Clean Neighbourhoods and Environment Bill
Mr Weir declared an interest as a member of the Executive of NILGA
Mr Willie Clarke declared an interest as a member of Down District Council
Representatives from NILGA briefed the Committee and answered member’s questions on theClean Neighbourhoods and Environment Bill.
The main areas of discussion were fixed penalty notices, the need for guidance in relation to the Bill, the need for a lead in period on the Bill, the need for the Bill to include derelict buildings and the cost to councils of alleygating.
Mr Buchanan joined the meeting at 10.41a.m.
Mr McGlone left the meeting at 11.20a.m.
Agreed: That NILGA provides the Committee with further information in relation to derelict property, suggestions on the lead-in times required for the Bill, future actions that are needed in relation to the Bill but that there is not enough time to include, clarification of equality proofing, breakdown of costs on alleygating, other costs that they anticipate are likely to fall to councils as a result of the Bill, their perception of the successes of alleygating, the range of fixed penalty notices that are needed and clarification about the concern for the need for keyholders in relation to house alarms.
6. The Environmental Quality Forum (NIEQF) briefing on the Clean Neighbourhoods and Environment Bill
Mr McGlone rejoined the meeting at 11.26a.m.
Representatives from The Environmental Quality Forum briefed the Committee and answered member’s questions onthe Clean Neighbourhoods and Environment Bill.
The main areas of discussion were litter, the level of fines in relation to fixed penalty notices and guidance on selling vehicles at the roadside.
7. Children and youth groups briefing on the Clean Neighbourhoods and Environment Bill
Representatives from children and youth groups briefed the Committee and answered member’s questions on the Clean Neighbourhoods and Environment Bill.
The main areas of discussion were fixed penalty notices, the implications the Bill has on children and young people, gating orders and shared space for children to play safely.
Mr McGlone left the meeting at 12.46p.m.
Agreed: That a letter is sent to the Department asking the length of the consultation period and which children and youth groups were consulted on the proposals for the Bill.
Agreed: That a letter is sent to the Department asking why it was decided that an Equality Impact Assessment was not needed on the Bill.
Agreed: That the 4 groups would provide the Committee with information on the negative experiences of similar legislation already in operation in England and Wales.
8. Waste and Contaminated Land Bill – draft Committee report
The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on commencement of the Bill.
Agreed: That the reply is included in the Committee report on the Bill.
The Chairperson informed members that, at the meeting on 21 October 2010, members agreed the Committee amendment making the four powers to alter fixed penalty fines subject to draft affirmative procedure by inserting a new Clause – clause 9A.
Agreed: That members are content to agree Schedule 1 as drafted.
The Chairperson informed members that they had been provided with a copy of the draft Committee report on the Bill
Agreed: That members are content for the report to contain the relevant extracts from the minutes from today’s meeting.
Agreed: That members are content with the report as drafted and ordered it to be printed.
The Chairperson informed members that they had been provided with a draft press release highlighting the key aspects of the Committee’s position on the Waste and Contaminated Land Bill.
Agreed: That the press release is issued week commencing 15 November, when printed versions of the report will be available.
9. Wildlife and Natural Environment Bill
Mr McGlone re joined the meeting at 12.56p.m.
First amendment
Agreed: That the Committee is supportive of the policy principles of this amendment and is content that the Department amends it at Further Consideration stage to resolve any problems that may arise from the drafting. In addition, the Committee strongly recommends that the Department produces information and guidance on the potential implications of this clause for farmers and landowners, particularly the voluntary nature of the agreements and the possibility of payments. The Committee also recommends that impact assessments are completed for each agreement.
Possible amendment to create an offence to possess toxic chemicals for which there is no legitimate use
Agreed: That the Committee is content with the policy principles of this amendment but recommends the wording used ensures that the legislation will target poisoning offences effectively without impacting inadvertently on legitimate users.
The Chairperson informed members that he would now relay the Committee’s position by letter to all MLAs, the Department and the stakeholders who responded
10. Matters Arising Cont.
Members noted a Departmental reply to Committee queries on the Environmental Noise Directive summary noise action plans.
The Chairperson informed members they had been provided with a copy of Disability Action’s correspondence to the Minister regarding funding cuts.
Agreed: That a letter is sent to the Department asking to be copied into the Minister’s response to this issue.
The Chairperson informed members they had been provided with a Departmental reply to Committee queries on the redistribution of Landfill Tax.
Agreed: That a letter is sent to the Department asking for details on the amount of landfill carried out in Northern Ireland.
Agreed: That a letter is sent to the Department for Finance and Personnel asking what proportion of the block grant is apportioned to landfill in Northern Ireland.
Members noted an OFMDFM reply to Committee queries on the possibility of redeploying Planning Service staff to the Planning Appeals Commission.
The Chairperson informed members they had been provided with a Regional Development Committee response to Bus Operator Licensing consultation and a reply from the Department to Committee queries on whether the Department of Education was consulted.
Agreed: That the response is forwarded to the Department asking for it to be considered in conjunction with the Environment Committee’s response.
The Chairperson informed members they had been provided with correspondence from Belfast City Airport Watch, a Departmental response to Committee queries on noise levels and a Ministerial letter regarding his decision on seats for sale.
Agreed: That a letter is sent to the Department asking if the noise monitoring checks are carried out independently and what the current noise levels are.
The Chairperson informed members they had been provided with an Assembly Research briefing note on SuDS and links to Sewers for Scotland and SuDS.
Agreed: That this issue is deferred for further consideration at a future meeting.
The Chairperson informed members they had been provided with a letter from the Finance and Personnel Committee in relation to outstanding post project evaluations (PPEs). Members were also provided with an update on outstanding evaluations in the DOE and previous correspondence from the Department explaining outstanding PPEs in February this year.
Agreed: That a letter is sent to the Department asking for an explanation for the high number of outstanding post project evaluations in DOE, how many outstanding PPEs are the same as those outstanding last year and an update relating to April, May and June 2010.
Members noted an Assembly Research paper providing details of goods vehicles from the North being stopped by the Vehicle Operator Services Agency (VOSA) in England, Scotland and Wales.
11. Consultations
Synopsis of responses to NI consultation on meeting EU Landfill Diversion targets
Agreed: That the Committee is content for the Department to proceed with the policy.
The Third EC Driving Licence Directive Consultation Report and Next Steps
Agreed: That the Committee is content for the Department to proceed with the policy.
Consultation on the Planning Fees in NI: Proposals for change
Agreed: That this is further discussed with the Minister at the meeting on 18 November 2010.
12. Correspondence
Invitation to submit a written submission on the clauses of the Armed Forces and Veterans Bill.
Agreed: That the invitation is forwarded to the Department for comment on their obligations under this proposed legislation.
Invitation to comment on the Draft Play and Leisure Implementation Plan.
Agreed: That the invitation is forwarded to the Department asking how it intends to implement the actions in the plan for which they have responsibility.
Submission from Bell Architects Ltd regarding the Code for Sustainable Homes and Planning Legislation.
Agreed: That the submission is forwarded to the Department for comment.
Departmental response regarding the removal of bus service by SELB from Clonalig Primary School.
Agreed: That the response is forwarded to South Armagh Community Safety Partnership.
Departmental response regarding responsibility for maintaining riverbanks.
Agreed: That the response is forwarded to Mr Harty who had originally submitted a query on this issue.
Letter from Committee for Social Development re Caravans Bill.
Agreed: That the letter is forwarded to the Minister for comment.
Members noted the following correspondence:
Copy of Northern Ireland Road and Rail Transport Statistics.
Copy of the Community Relations Council (CRC) response to OFMdFM’s Programme for Cohesion, Sharing and Integration consultation.
Mr McGlone left the meeting at 1.20p.m.
13. Any Other Business
Mr Dallat informed the Committee that that courses for road safety offences had recommenced and would like. Agreed: That a letter is sent to the Department asking for further details of the content of the courses. .
14. Date, time and place of next meeting
The next meeting will be held on Thursday 11 November 2010 at 10.00a.m in Room 144, Parliament Buildings.
The Chairperson adjourned the meeting at 1.21p.m.
Cathal Boylan
Chairperson, Committee for the Environment
11 November 2010
21 October 10 / Menu
