COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
THURSDAY 2 DECEMBER 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 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:

The meeting began in public session at 10.14a.m.

1. Apologies

There were no apologies.

2. Minutes

The minutes of the meeting on 25 November 2010 were agreed.

3. Matters Arising

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on DVA car tax relicensing facilities and display of insurance certificates.

Mr Buchanan joined the meeting at 10.16a.m.

Agreed: That a letter is sent to the Department asking why the hardware systems have been transferred to Swansea and if this is pre-empting any decision following the review of DVA. The letter is also to outline members’ disappointment at the lack of investment in DVA and expressed support for retaining DVA services in Coleraine.

Agreed: That a meeting is arranged between several members of the Committee and DVA officials to discuss the ongoing review of DVA, the failure rates for HGVs at MOT and the display of insurance certificates.

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on MOT pass/fail rates.

Mr Willie Clarke joined the meeting at 10.23a.m.

Agreed: That a letter is sent to the Department expressing the Committee’s concern at the levels of HGV failures and the reasons for failure and requesting a further breakdown of the figures by private operators and company fleets.

Mr Kinahan joined the meeting at 10.26a.m.

Members noted a Departmental reply to Committee queries on PSA 22.

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on the precautionary principle.

Mr Savage joined the meeting at 10.30a.m.

Agreed: That a letter is sent to the Department asking if the Department has any plans to deal with the precautionary principle issue by way of a planning policy statement and also stating that the Committee is aware that this is a regional planning issue but feels that it should not be left to the Department for Regional Development alone.

The Chairperson informed members that they had been provided with a Departmental reply to queries from Declan O’Loan MLA on a planning application.

Agreed: That the letter is forwarded to Mr O’Loan

Agreed: That a meeting is arranged with Departmental officials to discuss planning enforcement.

The Chairperson informed members that they had been provided with a copy of the Draft Road Safety Strategy.

Agreed: That Assembly Research compares proposed action measures in the consultation with those now in the draft strategy.

Members noted correspondence between the Finance and Personnel Committee and the DFP Minister on the draft Budget 2011-15.

The Chairperson informed members that they had been provided with a Departmental reply to a Committee request for information on NGO funding.

Agreed: That the consultants that compiled the report, Envision, are contacted to provide the specified information to the Committee.

Members noted a Departmental update on PPS4.

The Chairperson informed members that they had been provided with a note from the Bill Office regarding the Hunting Bill.

Agreed: That a letter is sent to the Department asking for their views on the Hunting Bill.

The Chairperson informed members that they had been provided with an updateon the suspension of the Aggregates Levy Credit Scheme.

Agreed: That the update is forwarded to QPANI.

Agreed: That a letter is sent to DFP stating that the Committee is fully supportive of a new scheme being introduced and would like an indication of the proposed timing.

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on the disposal of sewage sludge on land.

Agreed: That a letter is sent to the Department expressing members’ disappointment with the response and their feeling that guidance needs to be circulated to all farmers on this issue rather than just information posted on a website. The letter is also to ask for clarification on the quantity of sewage sludge being disposed of at present by land spreading, evidence of regulations on the issue and how they are applied, particularly in the North West, and details of any regulation or enforcement action taken to date.

4. Clean Neighbourhoods and Environment Bill – informal clause by clause consideration – Parts 1, 3 and 5

Mr Trevor Clarke joined the meeting at 10.55a.m.

Mr Willie Clarke declared an interest as a member of Down District Council.

The main areas of discussion were fixed penalty notices for litter offences, gating orders and the possibility of expectations being raised within communities, litter clearing exemptions, liaison with the Department of Justice and the distribution of printed material.

Agreed: That Departmental officials provide clarification on Clause 17 in relation to exemptions for Crown land and educational establishments and information on enforcement action that has been taken to date under the Litter Order in relation to Crown land.

Agreed: That Department provides it with legal opinion, on Clause 21, on the grounds on which a council may base a decision to approve or refuse consent to distribute printed material on the street and more information on how the Department envisages this working in practice.

Agreed: That Officials agreed to consider an amendment to Clause 22 to make it subject to draft affirmative procedure.

Agreed: That the Department advises the Committee if there is legal advice in relation to Clause 1, gating orders, as there was a feeling that the introduction of the Bill will lead to a situation where expectations are raised in relation to installing gates and the possibility of councils having a duty to install them when communities ask for them.

5. Departmental briefing on December Monitoring Round

Departmental officials briefed the Committee and answered members’ questions on the December Monitoring Round.

Agreed: That a letter is sent to the Department indicating the Committee’s support for the Department’s December Monitoring Round bid subject to further information being provided.

Agreed: That a letter is sent to the Department asking for the following information:

The number of IT staff involved in the ePIC project
The number of staff turned down for incremental pay progression
A breakdown of the judicial review costs
A breakdown of the amount of temporary promotions in place across the Department and whether these are due to retirements or vacancies
A breakdown of staff travel costs
Details on the councils involved in the surrender of capital to DFP and details of the slippages in relation to SWIF and Re-think waste

6. Local Government Finance Bill

Mr McGlone left the meeting at 12.50p.m.

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.

7. High Hedges Bill

Mr McGlone rejoined the meeting at 12.53p.m.

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on Clauses 2 and 3.

Mr Willie Clarke left the meeting at 12.55p.m.

Agreed: That the Bill Office prepares a draft Committee amendment on Clause 2 to include single evergreen/semi evergreen trees in the Bill.

Agreed: That the Bill Office prepares a draft Committee amendment on Clause 3 to allow a complainant’s fee to be transferred to the hedge owner in the event of a complaint being upheld.

Agreed: That the Bill Office prepares a draft Committee amendment on Clause 3 to require the Department to introduce by regulation an upper limit on the amount a council can charge for a complaint to be made