Minutes of the meeting held on Thursday, 28 February 2002 in Room 144, Parliament Buildings.

Present: - Rev Dr Wm. McCrea (Chairperson)
Mr A Doherty
Mr D McClarty
Mr F Molloy
Mr M Murphy
Mr E Poots
Mr D Watson

Apologies: - Ms P Lewsley (Deputy Chairperson)
Mrs J Carson
Mr D Ford
Mr J Leslie

In Attendance: Mr J Simmons (Committee Clerk)
Miss J Adair (Assistant Clerk)
Mr J Beatty (Assistant Clerk)
Mr J Nulty (Executive Support)
Ms C Angelone (Administrative Support)

The meeting commenced at 10.33 a.m.

1. Minutes of previous meeting

The minutes of the meeting of 21 February 2002 were agreed.

2. Matters Arising

(i) The Committee considered its draft response and responses from the
Ulster Farmers' Union and the RSPB to the Consultation Document on the Department of the Environment's proposals for the management and protection of Areas of Special Scientific Interest.

Agreed: To issue the response as amended.

Mr McClarty joined the meeting at 10.35 a.m.

(ii) The Committee considered a draft response to the Department of the
Environment's 'work-in-progress' draft Service Delivery Agreement.

Agreed: To issue the response to the
Department of the Environment.

3. Replies Received

(i) Control of Pollution (Silage, Slurry and Fuel Oil) Regulations
Following the brief update report from the Department, arrangements have been made for detailed presentations by the Department and the Ulster Farmers Union at next week's Committee meeting.

4. Environmental Protection (Duty of Care) Regulations

Ms Hazel Bleeks and Mr Mark Allison, Officials from the Department of the Environment, joined the meeting at 10.39 a.m.

Mr McClarty left the meeting at 10.57 a.m.

The Officials gave a presentation and answered Members' questions on the Department's proposals for Regulations and a Code of Practice to introduce a new statutory Duty of Care on any person who imports, produces, keeps, treats or disposes of controlled waste. Key issues discussed included:

- The Committee's concern at the delay in implementing the Duty of Care Regulations and Code of Practice in Northern Ireland;
- The need for the Regulations and/or the Code of Practice to identify the division within the Department of the Environment with the specific responsibility to enforce the Duty of Care;
- The need for strict enforcement procedures and appropriate penalties for carriers of controlled waste who fail to comply with the Duty of Care Regulations; and
- The need to consider the inclusion of a clause negating Crown Immunity for Government Departments that breach the Duty of Care Regulations.

The Chairman thanked the Officials for their presentation and they left the meeting at 11.19 a.m.

Agreed: To write to the Department of the Environment seeking clarification on a number of outstanding issues regarding the proposals.

5. Presentation by Causeway Coast Communities Consortium

Mr Poots joined the meeting at 11.21 a.m.
Mr McClarty rejoined the meeting at 11.21 a.m.

Dr Wm. McCrea, Mr D McClarty, Mr F Molloy, Mr M Murphy and Mr E Poots declared an interest as Local Government Councillors before this item was discussed

Mr Ian Binnie, Ms Yvonne Hamilton and Ms Joan McLain, representatives of the Causeway Coast Communities Consortium, joined the meeting at 11.21 a.m. They gave a presentation and answered Members' questions regarding the Consortium's concern at the nature and extent of building development in the Causeway Coast area, particularly the impact of the increase in second homes, apartments and student accommodation on the indigenous population. Key issues discussed included:

- The need for planning guidelines to take account of the environmental and socio-economic effects of such development;
- The need for the right of third party appeals to be included in planning legislation; and
- The need to abolish the Retrospective Approval and for a strong enforcement and penalty system for developers who flout planning procedures.

The Chairman thanked the representatives for a detailed and informative presentation, which would assist the Committee in its ongoing consideration of the Department's on its proposals for the Planning (Amendment) Bill and the Consultation Paper on modernising planning processes. The representatives left the meeting at 12.06 p.m.

Mr McClarty joined the meeting at 12.06 p.m.

Agreed: To write to the Department of the Environment urging Officials to meet with and receive a presentation from representatives of the Causeway Coast Communities Consortium to discuss their concerns.

6. Proposed Visit by the UK Sustainable Development Commission

The Committee considered a paper on the arrangements to host a seminar/reception for Members of the UK Sustainable Development Commission including a draft invitation to the Chairpersons, Members and Clerks of Committees and a general invitation to all Assembly Members.

Agreed: To write to the Business Committee regarding the Committee's intention to host this event on Tuesday pm 12 March 2002 and to issue the invitations.

7. Primary Legislation Work Programme

The Committee noted a paper on proposals for the timetabling of Department of Environment Primary Legislation to be introduced to the Assembly before the summer Recess and progressed to Royal Assent prior to dissolution on 21 March 2003.

Agreed: To consider this issue at next
week's meeting.

8. Statutory Rules

The Committee gave consideration to the following SL1:

The Local Government (General Grant) Order (Northern Ireland) 2002. This Rule is required to specify those District Councils, which are to be taken into account in the calculation of the Northern Ireland standard penny rate product for the purpose of computing the Resource Element of the General Exchequer Grant, for the year ending 31 March 2003.

Agreed: That the Committee had no comment on the above Rule.

9. AOB

(i) The Committee noted a number of letters and papers including:

- A response from the Department of the Environment to a letter from Professor Brian Wood, Chairman of the Lough Neagh Advisory Committee regarding the draft Northern Ireland Eutrophication Strategy;

- A Press Release issued by the Department of the Environment regarding the Minister's attendance at the British Irish Council meeting and the discussion held at the meeting on the Sellafield Nuclear Plant;

- A letter from the Mourne Heritage Trust asking to give a presentation to the Committee on the Department's Consultation Document 'Shared Horizons' on the future of protected landscapes in Northern Ireland;

Agreed: To write to the Mourne Heritage Trust asking for written comments on their
concerns regarding the Consultation Document with a view to a presentation to the Committee at a future meeting.

- A Press Release issued by the Department of the Environment regarding the Minister's attendance at a two-day conference on Waste Management in Londonderry;

- A letter from a member of the public regarding the proposed developments at the Giant's Causeway Visitors Centre;

- A Press Release issued by the Department of the Environment regarding the Minister's response to concerns raised by Mr Eddie McGrady, MP, MLA and by Friends of the Earth regarding his stance on Sellafield Nuclear Plant;

- A copy of a letter from the proprietor of a taxi firm regarding concerns about the conditions imposed by companies offering taxi insurance;

Agreed: To forward a copy of the letter to the Department along with other relevant papers prior to the meeting between the Chair, Deputy Chair, representatives of the taxi
industry and Department Officials to discuss options for taking forward measures to improve the taxi industry.

- A letter from the Department of the Environment enclosing a summary of responses to the Consultation Document on the implementation of the EU Directive on the Deliberate Release into the Environment of Genetically Modified Organisms.

Agreed: To consider this issue at the Committee meeting on 14 March 2002.

(ii) A letter from the Chair of the Committee for Finance and Personnel
regarding proposals for an Inquiry into European Structural Funds in Northern Ireland.

10. Next Meeting

The next meeting is scheduled for Thursday 7 March 2002 at 10.30 a.m. in Room 144, Parliament Buildings.

The meeting adjourned at 12.22 pm.

Dr Wm. McCrea MLA (Chairperson)

21 February 2002 / Menu / 7 March 2002