COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
THURSDAY 16 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 Alastair Ross
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 10.05a.m.
1. Apologies
There were no apologies.
2. Minutes
The minutes of the meeting on 9 December 2010 were agreed.
3. Matters Arising
The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on Landfill Tax and landfill diversion.
Agreed: That a letter is sent to the Department of Finance and Personnel asking why Landfill Tax remains a reserved matter and asking for figures on the amount of Landfill Tax generated in Northern Ireland.
The Chairperson informed members that they had been provided with a Departmental reply to the Committee’s request for an indicative timetable for the Planning Bill.
Agreed: That a letter is sent to the Department asking for a timetable for subordinate legislation which will follow implementation of the Bill and a timetable for local government reform.
Mr Wilson joined the meeting at 10.15a.m.
The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on the miscalculation of mineral planning fees.
Agreed: That a copy of the response is forwarded to QPANI for information.
Members noted a Departmental reply to Committee queries on the criteria for road safety funding.
Members noted a Departmental reply to Committee queries on the Marine Policy Statement.
Mr Willie Clarke joined the meeting at 10.20a.m.
The Chairperson informed members that they had been provided with a memo from the Committee for Regional Development and an Assembly Research paper on the DOE Consultation on Draft Regulations for Signs and Lights on School Buses.
Agreed: That copies of DOE replies to the Committee on this issue are forwarded to the Committee for Regional Development.
Agreed: That a letter is sent to the Department asking for clarification on whether specification for a new system of signs and lights must be fitted on all school buses.
Mr Buchanan joined the meeting at 10.24a.m.
Members noted a Departmental reply to Committee queries on the implementation of PPS 21.
The Chairperson informed members that they had been provided with a draft Committee reply to the Child Poverty Strategy.
Agreed: That the response is issued to the OFMDFM Committee.
Members noted a Departmental reply to Committee queries on a timetable for the implementation of the Taxis Act.
The Chairperson informed members that they had been provided with correspondence from the REAL Network (Right/Employment/Action/Lobbying) on funding cuts to Disability Action following a meeting the organisation had with the Speaker.
Agreed: That a copy of the correspondence is forwarded to the Department for comment.
Mr Weir joined the meeting at 10.32a.m.
Members noted a Departmental reply to Committee queries on car tax relicensing.
The Chairperson informed members that they had been provided with notes of meetings the Committee held with the National Trust, NI Marine Task Force and the Ulster Anglers’ Federation/DOE.
Mr McGlone left the meeting at 10.40a.m.
Agreed: That copies of the notes of the meetings are forwarded to the Department and the Department for Culture, Arts and Leisure for comment.
Agreed: That a letter is sent to the Department asking why it is funding the Roe Valley Hydro Electric Scheme rather than the private sector.
Agreed: That a letter is sent to the Department asking for a future Departmental briefing on this issue after officials have met with the Ulster Anglers’ Federation.
The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on MOT failure rates for HGVs.
Agreed: That a letter is sent to the Department stating that the Committee feels the Department’s system needs to be amended to allow it to indicate whether an application is in respect of a private operator or a company fleet.
Members noted a progress update on the Department’s programme of work – September – December 2010.
The Chairperson informed members they had been provided with a copy of a list of stakeholders for the Planning Bill.
Agreed: That letters are issued to the stakeholders inviting written submissions on the Bill by 14 January 2011.
Agreed: That all Departments and Assembly Committees are contacted for their views on the Bill.
The Chairperson informed members that they had been provided with a memo from the Finance and Personnel Committee in relation to the Budget 2011 – 2015.
Agreed: That a Department briefing on Budget 2011 – 15 is requested for the meeting on 13 January 2011.
4.Clean Neighbourhoods and Environment Bill – formal clause by clause consideration –Parts 1, 2 and 3
The Chairperson informed members that they had been provided with a Departmental response to Committee queries on Parts 1 and 3 at Tab 3R, information on gating orders from Belfast City Council at Tab 3S and information from NILGA on the costs of the Bill also at Tab 3S.
Agreed: That the responses are incorporated into the final Committee report.
Mr McGlone rejoined the meeting at 10.54a.m.
CLAUSE 1 – Gating Orders
Agreed: That the Committee is content with Clause 1 as drafted.
CLAUSE 2- Exposing vehicles for sale on a road
Agreed: That the Committee is content with Clause 2 as drafted.
CLAUSE 3 – repairing vehicles on a road
Agreed: That the Committee is content with Clause 3 as drafted.
CLAUSE 4 – power to give fixed penalty notices
Agreed: That the Committee is content with Clause 4 subject to the amendment proposed by the Department to make orders under sub-section 9 subject to draft affirmative procedure.
CLAUSES 5 and 6 – power to require name and address and use of fixed penalty receipts
Agreed: That the Committee is content with Clauses 5 and 6 as drafted.
CLAUSE 7 – offence of abandoning a vehicle: fixed penalty notices
Agreed: That the Committee is content with Clause 7 as drafted.
CLAUSES 8 - 13 – Notice of removal of vehicle by district council, Disposal of removed vehicle by district council, Guidance, Notice of removal of vehicle, Disposal of vehicle by police officer and Disposal of vehicle by department
Agreed: That the Committee is content with Clauses 8 - 13 as drafted.
CLAUSE – 14 – Offence of dropping litter in lake, pond or watercourse
Agreed: That the Committee is content with Clause 14 as drafted.
CLAUSE 15 – penalty for failing to provide name
Agreed: That the Committee is content with Clause 15 as drafted.
CLAUSE 16 – litter offence: fixed penalty notice
Agreed: That a formal decision on Clause 16 is deferred until the meeting on 13 January 2011 when the Department provides the Committee with the guidance on the issuing of fixed penalty notices.
Mr W. Clarke wished it to be noted that he was totally opposed to the Clause.
CLAUSE 17 – litter clearing notices
Agreed: That the Committee is content with Clause 17 as drafted.
CLAUSE 18 – street litter: control notices
Agreed: That the Committee is content with Clause 17 as drafted.
CLAUSES 19 and 20 – street litter: supplementary provisions and failure to comply with notice: fixed penalty notices
Agreed: That the Committee is content with Clauses 19 - 20 as drafted.
CLAUSE 21 – controls on free distribution of printed matter
Agreed: That a formal decision on Clause 21 is deferred until the meeting on 13 January 2011 when the Department provides the Committee with an answer to queries on the impact of this Clause on Crown land.
CLAUSES 22 and 23 – fixed penalty notices: supplementary and exclusion of liability
Agreed: That the Committee is content with Clauses 22 - 23 as drafted.
CLAUSE 24 – abandoned shopping and luggage trolleys
Agreed: That the Committee is content with Clause 24 as drafted.
CLAUSE 25 – Section 24: transitional provision
Agreed: That the Committee is content with Clause 25 as drafted.
5. Departmental briefing on the Consultation on Local Government Reform Policy Proposals
Departmental officials briefed the Committee and answered member’s questions on the Consultation on Local Government Reform Policy Proposals.
The main areas of discussions were checks and balances, the call-in procedure, training, governance arrangements, code of conduct and an ethical standards regime.
Agreed: That the Department provides the Committee with a definition of the terminology used in the consultation in relation to minorities.
Mr McGlone left the meeting at 12.11p.m.
6. High Hedges Bill – draft Committee report
The Chairperson informed members that they had been provided with a copy of the draft Committee report on the Bill.
Agreed: That the Committee is content for the report to contain the relevant extracts from the minutes from today’s meeting.
Agreed: That the Committee is 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 on the Committee’s report.
Agreed: That the press release is issued.
Mr McGlone rejoined the meeting at 12.19p.m.
7.Wildlife and Natural Environment Bill
Members noted a Departmental letter in relation to amendments to the biodiversity duty contained within this bill.
8. Proposals for secondary legislation
SL1 - Marine Licensing under the Marine and Coastal Access Act 2009
Agreed: That a copy of the proposal is forwarded to the Northern Ireland Marine Task Force for comment before the Committee makes a decision.
SL1 - The Solvent Emissions (Amendment No. 2) Regulations (NI) 2010
Agreed: That the Committee is content for the Department to proceed with the policy.
Mr Wilson left the meeting at 12.24p.m.
9. Statutory Rules
SR 2010/396 – The Producer Obligations (Packaging Waste) (Amendment) Regulations (NI) 2010
Agreed: That the Committee for the Environment has considered SR 2010/396 – The Producer Obligations (Packaging Waste (Amendment) Regulations (NI) 2010 and has no objection to this rule subject to the Examiner of Statutory Rules report.
SR 2010/410 – Local Government Pension Scheme (Amendment No 2) Regulations (NI) 2010
Agreed: That the Committee for the Environment has considered SR 2010/410 – Local Government Pension Scheme (Amendment No 2) Regulations (NI) 2010 and has no objection to this rule subject to the Examiner of Statutory Rules report.
SR 2010/411 – The Nitrates Action Programme Regulations (NI) 2010
Agreed: That t he Committee for the Environment has considered SR 2010/411 – The Nitrates Action Programme Regulations (NI) 2010 and has no objection to this rule subject to the Examiner of Statutory Rules report.
10. Consultations
Consultation on PPS16 – Tourism
Agreed: That a synopsis of responses to the consultation is requested and that a Departmental briefing on the synopsis is arranged for a future Committee meeting.
Consultation on Review of Death Certification in NI
Agreed: That a synopsis of responses to the consultation is requested.
Stage-Two Consultation on the Transposition of the revised Waste Framework Directive – synopsis of responses
Agreed: That the Committee is content for the Department to proceed with the policy.
Consultation on the Landspreading of Wastes from Abattoirs and the Preparation and Processing of Meat, Fish and Other Foods of Animal Origin
Agreed: That a synopsis of responses to the consultation is requested.
11. Correspondence
Request to forward a letter regarding the issue of zebra mussel population to the Department for comment.
Agreed: That a copy of the letter is forwarded to the Department for comment.
Letter seeking the Committee’s view on the Autism Bill.
Agreed: That a copy of the letter is forwarded to the Department for comment.
Letter from NILGA/SOLACE requesting a meeting with the Committee regarding the cuts to the Resources Element of the General Grant.
Agreed: That NILGA/SOLACE are invited to brief the Committee at a future meeting.
Request from the Regional Development Committee to forward correspondence regarding the ‘Memorandum of understanding’ to the Department for comment.
Agreed: That a copy of the letter is forwarded to the Department for comment.
Members noted the following correspondence:
Copy of the November 2010 issue of euroPA Bulletin.
Copy of the CRC A Shared Space – issue 10, November 2010.
Email to draw the Committees attention to the Environmental Industry Magazine.
Copy of the Investment Strategy for Northern Ireland Investing Activity Report for November 2010.
Letter to inform the Committee that the Planning Service “Development Management Statistics, 2010/2011 Second Quarterly Statistical Bulletin” will be posted on the Planning Service website from Thursday 9 th December 2010.
Departmental letter notifying of Wild Birds Special Protection legislation.
Departmental letter notifying of success of Plugged in Places bid.
12. Date, time and place of next meeting
The next meeting will be held on Thursday 13 January 2011 at 10.00a.m in room 144, Parliament Buildings.
The Chairperson adjourned the meeting at 12.32p.m.
Cathal Boylan
Chairperson, Committee for the Environment
13 January 2011
09 December 10 / Menu
