Northern Ireland Assembly Flax Flower Logo

COMMITTEE FOR REGIONAL DEVELOPMENT
WEDNESDAY 19 MAY 2010
ROOM 21, PARLIAMENT BUILDINGS

Present:
Michelle McIlveen MLA (Deputy Chairperson)
Allan Bresland MLA
Willie Clarke MLA
Danny Kinahan MLA
Ian McCrea MLA
George Robinson MLA

In Attendance:
Roisin Kelly (Assembly Clerk)
Trevor Allen (Assistant Assembly Clerk)
Andrew Larmour (Clerical Supervisor)
Alison Ferguson (Clerical Officer)

Apologies:
Fred Cobain MLA (Chairperson)
Cathal Boylan MLA
Tommy Gallagher MLA
Billy Leonard MLA
Trevor Lunn MLA

1. Departmental briefing on the Street Works ( Northern Ireland) Order 1995

Prior to commencement of the Committee meeting, the Committee received an informal briefing from Gerry Anketell of the Department for Regional Development, and from Roads Service officials, Andrew Murray, Gerry Byrne and Brian Godfrey, on the Street Works ( Northern Ireland) Order 1995.

The meeting commenced at 12.07pm in open session.

2. Apologies

Apologies are detailed above.

Members noted papers which were tabled for consideration later in the meeting.

3. Draft Minutes of Meeting held on 10 May 2010

Agreed : The minutes were agreed for publication on the Assembly’s website.

4. Matters Arising

Mr Clarke declared an interest in the following issue as a member of Down District Council

5. Departmental briefing on the Street Works ( Northern Ireland) Order 1995

Agreed: Following the earlier informal briefing from Roads Service officials and Departmental officials on the Street Works (Northern Ireland) Order 1995, the Committee thanked officials for the for the information briefing and Members agreed that the presentation provided should be requested from the Department for Members’ information. It was also agreed that a research paper should be requested on the issue of street works in other European countries.

6. Roads (Miscellaneous Provisions) Bill: Clause-by-clause scrutiny

The Committee formally scrutinised, clause-by-clause, the Roads (Miscellaneous Provisions) Bill and agreed the following:

Clause 1 - Meaning of permit scheme

Question put and agreed: ‘that the Committee for Regional Development has considered and agreed Clause 1 of the Roads (Miscellaneous Provisions) Bill, as drafted .’

Clause 2 - Making, variation and revocation of schemes

Question put and agreed: ‘that the Committee for Regional Development has considered and agreed Clause 2 of the Roads (Miscellaneous Provisions) Bill, as drafted .‘

Clause 3 - Permit regulations

Question put and agreed: ‘that the Committee for Regional Development has considered and agreed Clause 3 of the Roads (Miscellaneous Provisions) Bill, as drafted, and subject to an agreed amendment, namely:

Clause 3, page 4, line 4, leave out subsection (10) and insert ¾

‘(10) No regulations to which this subsection applies shall be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(10A) Subsection (10) applies to ¾

(a) the first regulations under this section;

(b) regulations under this section containing any provision which creates a criminal offence or increases a penalty for an existing offence.’

Clause 4 - Crown application

Question put and agreed: ‘that the Committee for Regional Development has considered and agreed Clause 4 of the Roads (Miscellaneous Provisions) Bill, as drafted .‘

Clause 5 - Interpretation of Part 1

Question put and agreed: ‘that the Committee for Regional Development has considered and agreed Clause 5 of the Roads (Miscellaneous Provisions) Bill, as drafted .‘

Clause 6 - Prohibition or restriction of use of public roads in connection with special events

Question put and agreed: ‘that the Committee for Regional Development has considered and agreed Clause 6 of the Roads (Miscellaneous Provisions) Bill, as drafted .‘

Clause 7 - Inquiries

Question put and agreed: ‘that the Committee for Regional Development has considered and agreed Clause 7 of the Roads (Miscellaneous Provisions) Bill, as drafted .‘

Clause 8 - Minor amendments and repeals

Question put and agreed: ‘that the Committee for Regional Development has considered and agreed Clause 8 of the Roads (Miscellaneous Provisions) Bill, as drafted .‘

Clause 9 - Commencement

Question put and agreed: ‘that the Committee for Regional Development has considered and agreed Clause 9 of the Roads (Miscellaneous Provisions) Bill, as drafted .‘

Clause 10 - Short title

Question put and agreed: ‘that the Committee for Regional Development has considered and agreed Clause 10 of the Roads (Miscellaneous Provisions) Bill, as drafted .‘

Schedule 1 - Schedule to be inserted as Schedule 3A to the Road Traffic Regulation ( Northern Ireland) Order 1997

Question put and agreed: ‘that the Committee for Regional Development has considered and agreed Schedule 1 of the Roads (Miscellaneous Provisions) Bill, as drafted, and subject to an agreed amendment, namely:

Schedule 1, page 7, line 13 at end insert ¾

‘and for the purpose of this paragraph “film” includes a recording on any medium from which a moving image may by any means be produced .’

Schedule 2 - Minor and consequential amendments

Question put and agreed: ‘that the Committee for Regional Development has considered and agreed Schedule 2 of the Roads (Miscellaneous Provisions) Bill, as drafted .‘

Schedule 3 - Repeals

Question put and agreed: ‘that the Committee for Regional Development has considered and agreed Schedule 3 of the Roads (Miscellaneous Provisions) Bill, as drafted .‘

Agreed: Members agreed that the decisions taken on the clauses and schedules of the Bill be reflected in the draft Committee report and that the report be considered by the Committee at its meeting on 26 May 2010.’

Agreed: Members agreed that the Committee office takes forward the collation of the appendices to the report, and further agreed that, as part of the published report, the appendices should be provided on CD-ROM.

7. Northern Ireland Water’s application to the Department for Regional Development to vest lands at Ballycastle

Agreed: Members considered correspondence from the Departmental for Regional Development in relation to an application from Northern Ireland Water to vest lands at Glenshesk, Glenshesk Road, Ballycastle and agreed to write to the Department requesting a map of the site and clarification on a number of issues relating to the proposed extension of the waste water treatment works at Ballycastle.

8. Subordinate Legislation

Members noted the following Departmental proposals to make subordinate legislation:

Members noted that the SL1 memos from the Department on the above proposals made no reference to their having been the subject of a public inquiry. Members noted that the Department has confirmed that the police service and relevant local councils affected by the above proposals have been informed, and the Committee office has not received any comments from the relevant councils regarding these policy proposals.

Members considered the following Departmental proposal to make subordinate legislation, which was noted at the Committee meeting on 26 April 2010:

Agreed: Members agreed that the Committee would write to the Department, indicating that it was content with the policy merits of this SL1.

9. Correspondence

Agreed: The Committee noted correspondence from the Committee for the Environment, in relation to the Department of the Environment’s Road Safety Strategy Consultation, and agreed to forward the correspondence to the Department for Regional Development for comment.

Agreed: The Committee noted correspondence from the Committee for the Environment, on the issue of speed limits on roads, and agreed to forward the correspondence to the Department for Regional Development for comment.

Agreed: The Committee noted correspondence from the Committee for Finance and Personnel and the Department of Finance and Personnel, in relation to the monitoring of Post Project Evaluations (PPEs), and agreed to forward the correspondence to the Department for Regional Development for comment.

Agreed: The Committee noted correspondence from the Inclusive Mobility and Transport Advisory Committee (IMTAC), in relation to its response Roads Service’s public consultation on the Equality Impact Assessment (EQIA) on Restricted Zone Access Permits, and agreed to consider a Committee response at the meeting on 26 May 2010.

The Committee noted correspondence from BDO in relation to the development of the Consumer Council’s Corporate Plan 2011-2014.

Members noted the following newsletters:

Members noted the following invitations:

Members noted the following press release:

Agreed: The Committee noted correspondence from the Northern Ireland Audit Office in relation to the Committee’s consideration of the “Procurement Governance in Northern Ireland Water: Report of the Independent Review Team”. Members also noted that the Chairperson would meet with the Chairperson of the Public Accounts Committee on this issue and agreed to reconsider the matter at the meeting on 26 May 2010.

Agreed: Members noted correspondence from a member of the public in relation to the Roads (Miscellaneous Provisions) Bill and agreed to request further information on the concerns raised and to forward the information to the Department for comment.

10. Any Other Business

Agreed: Members considered a revised forward work programme for the Committee and agreed that the revised work programme should be published on the Assembly website.

Agreed: The Committee agreed to write to the Committee for Finance and Personnel raising its concerns in relation to the deadline for September Monitoring Round returns.

Agreed: Members considered, and agreed for publication, a draft joint press release with the Social Development Committee in relation to the joint visit on 20 May 2010 to the Belfast Streets Ahead project.

Agreed: Members discussed the issue of spouse and dependents travel passes for Translink employees and agreed to write to the Department seeking detailed briefing on this issue.

The Committee noted that a request, under the Freedom of Information Act 2000, in relation to water charges for businesses in Northern Ireland has been received by the Committee office and a response has been issued.

11. Date, Time and Place of Next Meeting

The next meeting will be held on Wednesday, 26 May 2010 at 10.30 am in Room 21, Parliament Buildings.

The Deputy Chairperson adjourned the meeting at 12.33pm.

Michelle McIlveen , MLA
Deputy Chairperson, Committee for Regional Development
26 May 2010

10 May 10 / Menu