COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
THURSDAY 25 NOVEMBER 2010,
ROOM 144, PARLIAMENT BUILDINGS
Present:
Mr Cathal Boylan (Chairperson)
Mr Thomas Buchanan
Mr Willie Clarke
Mr John Dallat
Mr Danny Kinahan
Mr Patsy McGlone
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 Alastair Ross
The meeting began in public session at 9.50a.m.
1. Apologies
Apologies are listed above.
2. Minutes
The minutes of the meeting on 18 November 2010 were agreed.
3. Chairperson’s Business
The Chairperson informed members they had been provided with a draft Committee motion on the implementation of legislation.
Agreed: That the motion is reconsidered at a meeting in January 2011 when the Committee is next briefed on the implementation of the Taxis Act.
The Chairperson informed members they had been provided with a note of a meeting held with Carrickfergus and Newtownabbey Road Safety Committees.
Agreed: That a meeting is arranged between the Chairperson, UnLtd and the Department to discuss funding for road safety committees.
Agreed: That a letter is sent to the Department asking for a copy of the criteria for road safety funding and an explanation of how the criteria were set.
Agreed: That a letter is sent to the Department asking why they have ruled out road safety initiatives that have been working on the grounds that they are not new or innovative.
4. Matters Arising
The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on noise monitoring at Belfast City Airport and a copy of the 2009 Noise Report.
Agreed: That the Committee for Regional Development is asked for a copy of a previous research paper on the Noise Report.
Members noted a Departmental reply to Committee queries on the fitting and use of new illuminated signs and warning lights on school buses.
The Chairperson informed members that they had been provided with a Departmental update on the Wild Birds Directive.
Agreed: That the Department is asked for a written update in December on how they intend to address the concerns raised by the European Commission.
The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on the drainage of River Lagan.
Agreed: That a letter is sent to Rivers Agency asking for comments on the drainage of River Lagan.
The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on Post Project Evaluations.
Agreed: That a letter is sent to the Department asking for monthly updates on the progress of completing the outstanding evaluations.
The Committee noted a Departmental reply to Committee queries on the delays in a response to the Freight Transport Association’s queries on goods vehicles legislation.
The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on the use of AFBI soil maps.
Agreed: That a letter is sent to the Department asking if there is any risk of funding cuts impacting on the ongoing work on producing new maps.
Agreed: That a copy of the Departmental reply is forwarded to the UFU for information.
The Chairperson informed members that they had been provided with a Departmental reply on the Armed Forces and Veterans Bill.
Agreed: That the Departmental reply is forwarded to the Committee for the Office of First Minister and deputy First Minister noting that the Committee had no further comments to make on the Bill.
The Committee noted a reply from the Committee for the Office of First and deputy First Minister to Committee queries on the introduction of greater powers for the Ombudsman.
The Chairperson informed members that they had been provided with a Departmental reply on the miscalculation of mineral planning fees by Planning Service. Members were also provided with a note of a meeting between the Chairperson and QPANI on this issue.
Agreed: That a copy of the note of the meeting is forwarded to the Department to address the issues raised in it.
The Chairperson informed members that they had been provided with a Departmental reply on the amount of landfill that is carried out in the North.
Agreed: That a letter is sent to the Department to ask for an estimate, based on the information provided, of the amount of landfill tax generated in Northern Ireland and to ask the Department what measures it is taking to encourage poorly performing councils to improve in this area.
5. Local Government Finance Bill – formal clause by clause consideration
The following members declared an interest:
Mr Willie Clarke – member of Down District Council.
Mr Buchanan - member of Omagh District Council.
Mr Weir – member of North Down Borough Council
Mr McGlone joined the meeting at 10.15a.m.
Mr Buchanan joined the meeting at 10.21a.m.
The Chairperson informed members that they now needed to formally consider each clause of the Bill.
Clause 1 – duty to make arrangements
Agreed: That the Committee is content with the Clause as drafted.
Clause 2 – Accounting practices
Agreed: That the Committee is content with the Clause as drafted.
Clause 3 – Annual budget
Agreed: That the Committee is content with the Clause as drafted.
Clause 4 – Report by chief financial officer on estimates
Agreed: That the Committee is content with the Clause as drafted.
Clause 5 – In-year review
Agreed: That the Committee is content with the Clause as drafted.
Agreed: That the Committee makes a recommendation in its report on the need to review and strengthen the audit process.
Clause 6 – Reserves - general
Agreed: That the Committee is content with the Clause as drafted.
Clause 7 – Controlled reserves
Agreed: That the Committee is content with the Clause as drafted.
Clause 8 – The general fund
Agreed: That the Committee is content with the Clause as drafted.
Clause 9 – Power to establish other funds
Agreed: That the Committee is content with the Clause as drafted.
Clause 10 – Limitation on application of funds
Agreed: That the Committee is content with the Clause as drafted.
Clause 11 – Power to borrow
Agreed: That the Committee is content with the Clause as drafted.
Clause 12 – Control of borrowing
Agreed: That the Committee is content with the Clause as drafted.
Clause 13 – Duty to determine affordable borrowing limit
Agreed: That the Committee is content with the Clause as drafted.
Clause 14 – Imposition of borrowing limit
Agreed: That the Committee is content with the Clause as drafted.
Clause 15 – Temporary borrowing
Agreed: That the Committee is content with the Clause as drafted.
Clause 16 – Protection of lenders
Agreed: That the Committee is content with the Clause as drafted.
Clause 17 – Credit arrangements
Agreed: That the Committee is content with the Clause as drafted.
Clause 18 – Control of credit arrangements
Agreed: That the Committee is content with the Clause as drafted.
Clause 19 – Capital expenditure
Agreed: That the Committee is content with the Clause as drafted.
Clause 20 – Capital receipt
Agreed: That the Committee is content with the Clause as drafted.
Clause 21 – Non-money receipts
Agreed: That the Committee is content with the Clause as drafted.
Clause 22 – Use of capital receipts
Agreed: That the Committee is content with the Clause as drafted.
Clause 23 – Power to invest
Agreed: That the Committee is content with the Clause as drafted.
Clause 24 – Security for money borrowed etc.
Agreed: That the Committee is content with Clause 24 subject to the amendment proposed by the Department to make orders under sub-section 9 subject to draft affirmative procedure.
Clause 25 - Guidance
Agreed: That the Committee is content with the Clause as drafted.
Clause 26 – De-rating grant
Agreed: That the Committee is content with the Clause as drafted.
Clause 27 – Rates support grant
Mr Wilson joined the meeting at 10.55a.m.
Agreed: That the Committee is content with the Departmental amendment to require the necessary information for calculating the rates support grant from councils by determination rather than statutory pro forma.
Agreed: That the Committee is content with the Committee amendment to prevent in-year cuts to the rates support grant.
Clause 28 – Reductions in grants under section 26 or 27
Agreed: That the Committee is content with the Clause as drafted.
Clause 29 – Other grants to councils
Agreed: That the Committee is content with the Clause as drafted.
Clause 30 – Payments due by councils to departments, etc.
Agreed: That the Committee is content with the Clause as drafted.
Clause 31 – Allowances, etc. for councillors
Agreed: That the Committee is content with the Clause as drafted.
Clause 32 – Allowances for chairman and vice-chairman
Agreed: That the Committee is content with the Clause subject to the amendment proposed by the Department to introduce gender-neutral language.
Clause 33 – Expenses of official and courtesy visits, etc.
Agreed: That the Committee is content with the Clause as drafted.
Clause 34 – Expenses incurred in attending conferences and meetings
Agreed: That the Committee is content with the Clause as drafted.
lause 35 – Panel to advise on payments to councillors
Agreed: That the Committee is content with the Clause as drafted.
Clause 36 - Interpretation
Agreed: That the Committee is content with the Clause as drafted.
Clause 37 – Payments for special purposes
Agreed: That the Committee is content with the Clause as drafted.
Mr Weir left the meeting at 11.07a.m.
Clause 38 – Restrictions on power to make payments under section 37
Agreed: That the Committee is content with the Clause as drafted.
Clause 39 – Public appeals
Agreed: That the Committee is content with the Clause subject to the amendment proposed by the Department to introduce gender-neutral language.
Clause 40 – Limit on expenditure under sections 37 and 39
Agreed: That the Committee is content with the Clause as drafted.
Clause 41 – Subscriptions to certain local government associations and other bodies
Agreed: That the Committee is content with the Clause as drafted.
Clause 42 – General interpretation
Agreed: That the Committee is content with the Clause as drafted.
Clause 43 - Regulations
Agreed: That the Committee is content with the Clause subject to the amendment proposed by the Department to allow any regulations to be made under the Bill to include such incidental, supplementary, consequential, transitory or saving provisions as may be considered necessary.
Agreed: That the Committee is content to accept the proposed Departmental consequential amendment to Clause 27 as a consequence of its amendment to this clause.
Clause 44 – Consultation on regulations, orders and guidance
Agreed: That the Committee is content with the Clause as drafted.
Mr Weir rejoined the meeting at 11.15a.m.
Clause 45 – Minor and consequential amendments
Agreed: That the Committee is content with the Clause as drafted.
Clause 46 - Repeals
Agreed: That the Committee is content with the Clause as drafted.
Clause 47 - Commencement
Agreed: That the Committee is content with the Clause as drafted.
Clause 48 – Short title
Agreed: That the Committee is content with the Clause as drafted.
Mr McGlone left the meeting at 11.17a.m.
Schedule 1 – Minor and consequential amendments
Agreed: That the Committee is content with Schedule 1 subject to the amendment proposed by the Department to include an additional statutory instrument.
Schedule 2 - Repeals
Agreed: That the Committee is content with Schedule 1 as drafted.
Long Title
Agreed: That the Committee is content with the Long Title as drafted.
6. Clean Neighbourhoods and Environment Bill – informal clause by clause consideration
Departmental officials briefed the Committee and answered members’ questions on clauses 2-15 of the Clean Neighbourhoods and Environment Bill.
Agreed: That the Department considers the possibility of amending Clauses 4 and 7 to ensure that subordinate legislation is subject to the draft affirmative procedure.
7. Proposals for secondary legislation
SL1 - Local Government Best Value (exclusion of non-commercial considerations) (NI) Order 2011 and associated guidance
Agreed: That, due to time constraints, this item is deferred for consideration until the meeting on 2 December.
SL1 - Draft Local Government Pension Scheme (Councillors) (Amendment) Regulations (NI) 2011
Agreed: That, due to time constraints, this item is deferred for consideration until the meeting on 2 December
SL1 - The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (NI) 2010
Agreed: That, due to time constraints, this item is deferred for consideration until the meeting on 2 December
SL1 - The Nitrates Action Programme Regulations (NI) 2010
Agreed: That the Committee is content for the Department to proceed with the policy.
8. Consultations
Due to time constraints the Committee deferred this item of business until the meeting on 2 December.
9. Committee updated Forward Work Programme
Due to time constraints the Committee deferred this item of business until the meeting on 2 December.
10. Correspondence
Due to time constraints the Committee deferred this item of business until the meeting on 2 December.
11. Date, time and place of next meeting
The next meeting will be held on Thursday 02 December 2010 at 10.00a.m in the Room 144, Parliament Buildings.
The Chairperson adjourned the meeting at 11.57p.m.
The Chairperson informed members that the meeting would now go into closed session to allow members to receive a Departmental briefing on the Planning Bill.
12. Departmental briefing on the Planning Bill
Departmental officials briefed the Committee and answered members’ questions on the Planning Bill.
Agreed: That the Department provides the Committee with a timetable for the Bill.
Cathal Boylan
Chairperson, Committee for the Environment
02 December 2010
18 November 10 / Menu
