COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
THURSDAY 11 NOVEMBER 2010,
ROOM 144, PARLIAMENT BUILDINGS
Present:
Mr Cathal Boylan (Chairperson)
Mr Thomas Buchanan
Mr Trevor Clarke
Mr Willie Clarke
Mr John Dallat
Mr Alastair Ross
Mr Patsy McGlone
Mr George Savage
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 Danny Kinahan
The meeting began in public session at 10.08a.m.
1. Apologies
Apologies are listed above.
2. Minutes
The minutes of the meeting on 04 November 2010 were agreed.
3. Chairperson’s business
Mr Weir joined the meeting at 10.14a.m.
Mr Buchanan joined the meeting at 10.15a.m.
The Chairperson informed members that they had been provided with a tabled reply from the Department to Committee queries on the Department’s legislative timescales and implementation.
Agreed: That this issue is discussed further with the Minister at the Committee meeting on 18 November 2010.
Agreed: That a possible Committee motion on the implementation of legislation is discussed further at the Committee’s meeting on work priorities following the Committee on 18 November 2010.
The Chairperson informed members that the Committee Researcher, Suzie Cave, recently won a Gold and two Silver medals at the World University Equestrian Championships in South Korea.
Agreed: That a letter of congratulations is sent to Suzie Cave from the Committee.
4. Countryside Alliance/Kennel Club briefing on the Clean Neighbourhoods and Environment Bill
Mr Savage joined the meeting at 10.27a.m.
Mr Willie Clarke declared an interest as a member of Down District Council.
Mr Trevor Clarke joined the meeting at 10.34a.m.
Representatives from Countryside Alliance Ireland and the Kennel Club briefed the Committee and answered member’s questions on theClean Neighbourhoods and Environment Bill.
The main areas of discussion were access to land, dog walking, the dog order, the cost of training council officers and fixed penalty notices.
Agreed: That Assembly Research is asked to provide statistics on stray dogs within each council area in the past year.
Agreed: That a letter is sent to the Department asking h ow the Bill will impact on rural sports, particularly in relation to sporting dogs and their freedom of movement and asking for further information on how the issue of derelict buildings will be dealt with by the Bill.
The Chairperson suspended the meeting at 10.45a.m.to allow members to attend the Remembrance Service in the Senate Chamber.
The meeting continued at 11.14a.m.with the following members present:
Mr Boylan, Mr Buchanan, Mr Dallat, Mr Ross, Mr Trevor Clarke and
Mr Willie Clarke.
5. Briefing on the Clean Neighbourhoods and Environment Bill – Tom Ekin
Mr Wilson declared an interest as a member of North Down Borough Council.
Mr Savage rejoined the meeting at 11.16a.m.
Mr McGlone rejoined the meeting at 11.17a.m.
Mr Weir rejoined the meeting at 11.20a.m.
Mr Wilson rejoined the meeting at 11.21a.m.
Mr Ekin briefed the Committee and answered member’s questions onthe Clean Neighbourhoods and Environment Bill.
The main areas of discussion were the necessary powers to councils to deal with issues outlined in the Bill, the need to introduce the Bill quickly, fly posting and derelict sites.
6. Matters Arising
The Chairperson informed members they had been provided with a Departmental reply to Committee queries on the review of senior management responsibilities in the Department.
Agreed: That this issue is discussed with the Minister at the meeting on 18 November 2010.
Members noted 2 Assembly Research papers on SuDS.
The Chairperson informed members that a meeting on SuDS with Tobermore Concrete Products had been arranged for Tuesday 16 November, 12.45p.m., Room 382
Members noted a Departmental reply to Committee queries on trailer testing and training.
The Chairperson informed members they had been provided with a Departmental reply to Committee queries on the judicial review into PPS 5.
Agreed: That a letter is sent to the Department asking for an update on the current position of PPS 4.
The Chairperson informed members they had been provided with a Departmental reply to Committee queries on the precautionary principle in relation to overhead high voltage cables.
Agreed: That a letter is sent to the Department asking if the Department has views as to how future development plan zoning to exclude land directly below high voltage cables should be taken forward as the response indicates that this should not be taken forward in an ad hoc fashion through individual development plans.
The Chairperson informed members they had been provided with a Departmental reply to Committee queries on NIEA core funding to NGOs.
Mr McGlone left the meeting at 11.54a.m.
Agreed: That a letter is sent to the Department stating that the Committee was disappointed to note that Envision refused to release the information requested on the proportion of NGO core funding provided by the Department and Members feel that, as a scrutiny Committee, this information is crucial to allow them to reach a position on funding priorities and to call again for the information.
The Chairperson informed members they had been provided with a Departmental reply to Committee queries on farm tyres.
Mr McGlone rejoined the meeting at 11.58a.m.
Agreed : That this issue is discussed with the Minister at the meeting on 18 November 2010.
Agreed : That a letter is sent to the Department stating that members were disappointed with the reply indicating that NIEA does not have figures on the amount of tyres used to cover silo pits. The Committee is concerned that the current approach provides a loophole for those wishing to dispose of tyres inappropriately and potentially masks statistics for waste tyre numbers. Whilst not wanting to unduly increase the bureaucratic burden of the farming sector, the Committee believes that there needs to be more than just a single tick box and suggests possibly a paper trail for tyres on farms or a requirement for some indication of the weight or number of tyres held by a farm for covering silos.
The Chairperson informed members they had been provided with a Departmental reply to Committee queries on the implementation of the Taxis Act 2008, a Departmental letter on taxi enforcement and a Departmental letter regarding the DVA 2009 Report on Compliance within the Taxi Fleet.
Agreed: That this issue is discussed with the Minister at the meeting on 18 November 2010.
The Chairperson informed members they had been provided with a Ministerial reply in relation to a previous letter in which he referred to ‘groups of members of the Committee’.
Agreed: That a letter is sent to the Minister outlining the Committee position in relation to this issue, stating that the Committee feels that if a task is designated to a few members of the Committee then it remains Committee business and that officials should meet with the members in these instances.
The Chairperson informed members they had been provided with a Departmental update on MOT pass/fail rates.
Agreed: That a letter is sent to the Department stating that members were concerned that the pass/fail rates for HGVs in the first MOT test confirms fears regarding the roadworthiness of some HGVs in the North and feel that this presents further concerns in terms of road safety.
Agreed: That a letter is sent to the Department asking for a breakdown of the reasons for failure for HGVs in the first MOT test as well as statistics on roadside enforcement for HGVs.
The Chairperson informed members they had been provided with a Departmental paper on Budget allocations 2010 – 2011 and a copy of the Department’s future spending proposals (6 August 2010).
Agreed: That this issue is discussed with the Minister at the meeting on 18 November 2010.
The Chairperson informed members they had been provided with QPANI correspondence regarding the miscalculation of planning fees.
Agreed: That a meeting is arranged with QPANI to discuss this issue further.
Agreed: That a letter is sent to the Department asking how many of the 26 applications which were undercharged were validated by the Planning Service.
Members noted a Departmental reply to Committee queries on Statutory Transition Committees.
Mr Weir declared an interest as a former member of a Transition Committee.
The Chairperson informed members they had been provided with a reply from North West Region Waste Management Group to Committee queries on a proposed landfill site at Cam Road.
Agreed: That a meeting is arranged with the North West Region Waste Management Group to discuss this issue further.
Mr Savage expressed concern around the drainage of River Lagan which is leading to flooding with the recent wet weather.
Agreed: That a letter is sent to the Department asking if it has a role in this or if it has any comments or if the Department could advise as to who is the most appropriate Department/Agency to contact on this issue.
7. Proposals for Secondary Legislation
The Motor Vehicles (Electronic Communication of Certificates of Insurance) Order (NI) and The Motor Vehicles (Third-Party Risks) (Amendment) Regulations (NI).
Agreed: That the Committee is content for the Department to proceed with the policy.
Agreed: That a letter is sent to the Department asking what plans the DVA has for offering relicensing and tax services over the telephone and via the internet and whether there are any plans to compel motorists to display insurance certificates on car windows as is the practice in the Republic of Ireland.
The Solvent Emissions (Amendment No. 2) Regulations (NI)
Agreed: That the Committee is content for the Department to proceed with the policy.
8. Consultations
Nitrates Action Programme Regulations – synopsis of responses and AFBI response on the use of soil maps.
Mr Weir left the meeting at 12.20p.m.
Agreed: That the Committee is content with the Regulations as drafted.
Agreed: That a letter is sent to the NIEA asking why it continues to use the AFBI maps for enforcement when AFBI indicates they are not fit for that purpose.
Members noted a DEFRA consultation on revised guidance on ‘green claims’ in marketing – synopsis of responses.
Marine Bill consultation – synopsis of responses.
Agreed: That a letter is sent to the Department expressing members’ disappointment that its interim response to the marine policy proposals was not included in the synopsis.
Agreed: That the Committee is not content for the Department to proceed with the policy without the Committee’s views being recognised and taken on board.
The Pollution Prevention and Control (District Councils) Charging Scheme (NI) 2011.
Agreed: That a copy of the synopsis of responses to the consultation is requested.
Consultation on a proposal to amend the Road Vehicles Lighting Regulations concerning conspicuity/retro-reflective markings on heavy goods vehicles and DVA enforcement vehicles, and the Road Vehicles Lighting and Motor Vehicles Construction and Use Regulations allowing blue lights and sirens on mountain rescue vehicles
Agreed: That a copy of the synopsis of responses to the consultation is requested.
Consultation on the Road Traffic (Financial Penalty Deposit) (Interest) Order (NI)
Agreed: That a copy of the synopsis of responses to the consultation is requested.
9. Correspondence
Letter from Declan O’Loan MLA regarding an enforcement action by Planning Service at site adjacent to 46 Glenshesk Road, Ballycastle.
Agreed: That the letter is forwarded to the Department for comment.
Email requesting to brief the Committee regarding the Ulster Angling Federation concerns about the licensing of hydros.
Agreed: That a briefing by the Ulster Angling Federation is arranged for a future Committee meeting.
Request to forward letter to the Department seeking their views on the Justice Bill and request to the Committee to submit their views on the Bill.
Agreed: That the letter is forwarded to the Department for comment.
Email regarding the Social Development Committee’s concerns regarding noise related fines and licensed premises within the Clean Neighbourhoods & Environment Bill.
Agreed: That a letter is sent to the Social Development Committee inviting them to comment on the Bill.
Copy of correspondence received from the Department of Finance and Personnelt on the Aggregates Levy Credit Scheme.
Agreed: That a letter is sent stating the Committee’s support for the scheme.
Members noted the following correspondence:
Memo re the Lifetime Opportunities Monitoring Framework Baseline Report.
Copy of the outcome of the UK Spending Review Budget 2011-15.
10. Any Other Business
The Chairperson informed members they had been provided with a draft agenda for the meeting with the minister on 18 November 2010.
Agreed: That the issues of tyres, marine policy proposals and coastal planning are added to the items for discussion with the Minister.
11. Date, time and place of next meeting
The next meeting will be held on Thursday 18 November 2010 at 10.00a.m in the Senate Chamber, Parliament Buildings.
The Chairperson adjourned the meeting at 12.34p.m.
Cathal Boylan
Chairperson, Committee for the Environment
18 November 2010
04 November 10 / Menu
