COMMITTEE FOR REGIONAL DEVELOPMENT
MINUTES OF PROCEEDINGS
WEDNESDAY 8 DECEMBER 2010
ROOM 21, PARLIAMENT BUILDINGS
Present:
Fred Cobain MLA (Chairperson)
Michelle McIlveen MLA (Deputy Chairperson)
Billy Leonard MLA
Anna Lo MLA
Conall McDevitt MLA
In Attendance:
Roisin Kelly (Assembly Clerk)
Trevor Allen (Assistant Assembly Clerk)
Andrew Larmour (Clerical Supervisor)
Antoinette Bowen (Clerical Officer)
Apologies:
Billy Armstrong MLA
Cathal Boylan MLA
Allan Bresland MLA
Fra McCann MLA
Ian McCrea MLA
George Robinson MLA
The meeting commenced at 10.39am in open session.
Members noted papers which were tabled for consideration later in the meeting.
1. Apologies
Apologies are detailed above.
2. Draft Minutes of meeting held on 1 December 2010
Agreed : The minutes were agreed for publication on the Assembly’s website.
3. Matters Arising
- Agreed: Members noted four Memoranda of Understanding (MOU) from the Department for Regional Development to be laid in the Assembly under Article 11 of the Water and Sewerage Services (Northern Ireland) Order 2006 and agreed to request a Departmental briefing on the content of the MOUs . Members further agreed to write to the Department of the Environment, the Northern Ireland Environment Agency, the Utility Regulator and the Drinking Water Inspectorate, seeking comments on their associated MOUs.
- Agreed: The Committee noted correspondence from the Committee for Finance and Personnel on its proposals for stakeholder engagement on the Spending Review and the draft Budget 2011-15. Members agreed to inform the Committee office of their intention to participate in the proposed themed roundtable discussions.
- Members noted Northern Ireland Water’s Customer Care Register.
- Agreed: Members noted correspondence from the Department for Regional Development on forthcoming Departmental legislation and agreed to consider, at a meeting of the Committee in January / February 2011, a paper on the timing and options for bringing forward primary legislation before the end of the current Assembly mandate. The Committee also agreed to write to the Department informing it of this decision.
- Agreed: Members noted a paper from Assembly Research Services entitled “Outline of consultation for draft regulations for signs and warning lights on school buses with analysis of regulatory impact assessment”. The Committee agreed to forward the research paper to the Environment Committee requesting a background written briefing on its approach to dealing with the issues addressed in the paper.
- Agreed: Members considered and agreed a Committee response to the OFMDFM Committee on the Regional Development Committee’s activity, during 2010, on European issues.
- Agreed: Members noted correspondence from the Utility Regulator in relation to its Cost and Performance Report on Northern Ireland Water and agreed to schedule an additional meeting to receive this briefing on Tuesday 14 December 2010 at 9.30am.
- Members noted correspondence from the Minister for Regional Development in relation to an advertisement, to be published this week, for the appointment of a Chairperson and 4 non-Executive Directors to the Board of Northern Ireland Water.
4. The Transport Bill
The Committee received an update on the Chairperson’s meeting with representatives of the Consumer Council on 6 December 2010 in relation to the Committee’s requirement to secure written assurance that the Consumer Council will consult with local councils on its transport forward work programmes. The Committee also noted correspondence from the Consumer Council of this matter.
Members noted correspondence from the Department for Regional Development that provided clarification on a number of outstanding issues of concern to the Committee. Members also noted correspondence from the Department for Regional Development that provided the draft text of the proposed amendments to the Transport Bill.
Clarification on outstanding issues of concern
The Committee considered correspondence from the Department and a paper from the Committee office in relation to the outstanding issues of concern that were deferred from the meeting of 1 December 2010 to this meeting.
Clauses 7 and 14
Agreed: The Committee noted the additional information and clarification provided on the provisions of clauses 7(6)(b) and 14(2) with reference to clause 2(2) of the Mental Health (Northern Ireland) Order 1986. The Committee decided that it was content with the information received on these clauses.
Clauses 23 to 24
The Committee noted correspondence from the Consumer Council on its undertaking to specifically engage with NILGA and the local councils in developing its forward work programme. The Committee agreed that it was content with the information received on this clause.
Clause 43 – Shared transport facilities
Agreed: The Committee noted the additional information and clarification provided on its proposed amendment to the regulation making mechanism at clause 43(2), from negative to affirmative resolution of the Assembly, on shared services. The Committee agreed that it was content with the information received on this clause.
Consideration of the draft text of amendments to the Bill
The Committee considered the draft text, from the Department, of the proposed amendments to the Transport Bill.
Clause 1 - Provision of passenger transport
Agreed: The Committee noted the proposed text of the amendment to clause 1(1) and informally agreed that it was content with the proposed amendment.
Clause 6 – Matters to which Department must have regard
Agreed: The Committee noted the proposed text of the amendment to clause 6(2) and informally agreed that it was content with the proposed amendment.
Clause 10 – Revocation, suspension and curtailment of permits
The Committee received briefing from Departmental officials, Doreen Brown, Brian White and Sean Johnston , providing clarification on issues of concern in relation to the proposed amendment to clause 10(1).
Agreed: The Committee noted the proposed text of the amendment to clause 10(1) and informally agreed that it was content with the proposed amendment.
Clause 12 – Revocation, disqualification, etc.: supplementary provisions
Agreed: The Committee noted the proposed text of the amendment to clause 12 and informally agreed that it was content with the proposed amendment.
Clause 45 – Supplementary provisions
Agreed: The Committee considered additional information from the Assembly Examiner of Statutory Rules on the provisions of this clause. The Committee noted correspondence from the Department indicating that the Minister is accepting of its objection to clause 45, and to the removal of the clause from the Bill.
Clause 46 – Regulations – general
Agreed: The Committee noted the proposed text of the amendment to clause 46(3) and informally agreed that it was content with the proposed amendment.
Clause 47 – Interpretation
Agreed: The Committee noted the proposed text of the amendment to clause 47(1) and informally agreed that it was content with the proposed amendment to include examiners appointed by DOE within the definition of “authorised persons”.
Formal clause-by-clause scrutiny of the Transport Bill
The Committee formally scrutinised, clause-by-clause, of the Trtansport Bill and agreed the following:
Clause 1 – Provision of public passenger transport
“Agreed: That the Committee for Regional Development recommends to the Assembly that clause 1 be amended as follows:
Clause 1 , Page 1, Line 6
After ‘to’ insert ‘accessibility,’.
Clause 1 , Page 1, Line 6
Leave out ‘and’.
Clause 1 , Page 1, Line 6
At end add ‘and sustainability’.
Clauses 2 to 5
“Question: That the Committee for Regional Development is content with clauses 2 to 5 as drafted, put and agreed to.”
Clause 6 – Matters to which Department must have regard
“Agreed: That the Committee for Regional Development recommends to the Assembly that clause 6 be amended as follows:
Clause 6 , Page 4, Line 11
Leave out ‘public passenger transport’.
“Agreed: That the Committee for Regional Development recommends to the Assembly that clause 6 be amended as follows:
Clause 6 , Page 4, Line 17
At end insert -
‘(3) In subsection (2)(b)(i) “services” means -
(a) public passenger transport services; or
(b) any other services to which section 33(1)(a) applies.’
Clauses 7 to 9
“Question: That the Committee for Regional Development is content with clauses 7 to 9 as drafted, put and agreed to.”
Clause 10 – Revocation, suspension and curtailment of permits
“Agreed: That the Committee for Regional Development recommends to the Assembly that clause 10 be amended as follows:
Clause 10, Page 5, Line 42
At end insert -
"( ) that the permit-holder has been convicted of an offence under the National Minimum Wage Act 1998 (c. 39);".
Clause 11 - Disqualification
“Question: That the Committee for Regional Development is content with clause 11 as drafted, put and agreed to.”
Clause 12 – Revocation, disqualification, etc.: supplementary provisions
“Agreed: That the Committee for Regional Development recommends to the Assembly that clause 12 be amended as follows:
Clause 12, Page 7, Line 26
At end insert-
‘(1ZA) This subsection applies where-
(a) an application is made for a new permit in respect of a service for which there is an existing permit;
(b) the applicant is the holder of the existing permit; and
(c) the Department considers that it is in the public interest for that service to be provided under a service agreement.
(1ZB) Where subsection (1ZA) applies, the Department shall not refuse the application without first giving the applicant notice that it is considering refusing the application for the reason mentioned in paragraph (c) of that subsection and holding an inquiry if the applicant requests the Department to do so.’
Clauses 13 to 44
“Question: That the Committee for Regional Development is content with clauses 13 to 44 as drafted, put and agreed to.”
Clause 45 – Supplementary provisions
“Agreed: That the Committee for Regional Development recommends that the Assembly, during the Consideration Stage or Further Consideration Stage of the Bill, vote against the question “That the clause stand part of the Bill”.
Clause 46 – Regulations – general
“Agreed: That the Committee for Regional Development recommends to the Assembly that clause 46 be amended as follows:
Clause 46 , Page 20, Line 24
For ‘Regulations’ substitute ‘No regulations to which this subsection applies shall be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.
(3A) Subsection (3) applies to regulations under this Act if they include -
(a) regulations under section 42(3) or 43(2); or
(b) regulations under this section which make the declaration mentioned in subsection (4).
(3B) Any other regulations’.
Clause 47 – Interpretation
“Agreed: That the Committee for Regional Development recommends to the Assembly that clause 47 be amended as follows:
Clause 47 , Page 20, Line 37
After "means" insert "-
(a)".
Clause 47 , Page 20, Line 38
At end insert "or
(b) an examiner appointed by the Department of the Environment under Article 74 of the 1995 Order;".
Clauses 48 to 50
“Question: That the Committee for Regional Development is content with clauses 48 to 50 as drafted, put and agreed to.”
Schedules 1 and 2
“Question: That the Committee for Regional Development is content with schedules 1 and 2 as drafted, put and agreed to.”
Conclusion of clause-by-clause scrutiny
Long Title of the Transport Bill
“Question: That the Committee for Regional Development is content with long title of the Transport Bill, put and agreed to.”
Agreed: The Committee agreed that its decisions on the clauses of the Bill be reflected in the Committee’s report on the Transport Bill.
Consideration of the draft Committee report on the Transport Bill
The Committee commenced consideration of a revised draft of its report on the Transport Bill.
11.14am The Chairperson adjourned the meeting.
11.15am The meeting resumed in public session.
5. Subordinate Legislation
Members noted the following Departmental proposals to make subordinate legislation:
- The Clearway (Route A6, Glenshane Road, Maghera) Order (Northern Ireland) 2010;
- The Prohibition of Traffic (Rosemount Gardens, Londonderry) Order (Northern Ireland) 2011;
- The Parking Places (Disabled Persons’ Vehicles) (Amendment) Order (Northern Ireland) 2011; and
- The Waiting Restrictions (Strabane) Order (Northern Ireland) 2011.
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 proposals to make subordinate legislation, which were noted at the Committee meeting on 24 November 2010:
- The Parking Places (Disabled Persons’ Vehicles) (Amendment No. 9) Order (Northern Ireland) 2010;
- The Parking Places on Roads (Residents’ Parking Zone, Londonderry) Order (Northern Ireland) 2011;
- The Parking Places on Roads (Residents’ Parking Zone, Antrim) Order (Northern Ireland) 2011;
- The Prohibition of Traffic (O’Neill’s Entry, Carnlough) Order (Northern Ireland) 2011;
- The Harris Crescent, Dunmurry (Abandonment) Order (Northern Ireland) 2011;
- The One-Way Traffic (Londonderry) (Amendment) Order (Northern Ireland) 2011;
- The Shipquay Place, Londonderry (Footway) (Abandonment) Order (Northern Ireland) 2011; and
- The Parking Places on Roads (Enniskillen) Order (Northern Ireland) 2011.
Agreed: Members agreed that the Committee would write to the Department, indicating that it was content with the policy merits of these SL1s.
6. Correspondence
- Members noted the Energy Saving Trust’s latest publication “On a journey to a low carbon lifestyle in Northern Ireland”.
Members noted the following press releases :
- DRD News Release – “Regional Development Minister launches NI Water customer care register leaflet”;
- DRD News Release – “A4 Dungannon to Ballygawley Dual Carriageway opens ahead of schedule”;
- DRD News Release – “£4.7 Million Carland Bridge Scheme opens”; and
- DRD News Release – “Murphy opens £23 Million wastewater facility for Antrim”.
7. Any Other Business
Forward Work Programme
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.
Committee event – 8 December 2010
Members noted that the event to launch the Consumer Council / YouthAction report “Transport Matters” on 8 December 2010 at 7.30pm in the Long Gallery, Parliament Buildings, has been postponed due to adverse weather conditions. It was agreed that the event should be rescheduled for mid-January 2011.
8. Date, Time and Place of Next Meeting
The next meeting will be held on Tuesday, 14 December 2010, at 9.30am in Room 21, Parliament Buildings.
9. The Transport Bill (Continued…)
Consideration of the draft Committee report on the Transport Bill
Agreed: The Committee continued its consideration of the revised draft of its report on the Transport Bill and decided to consider the report, subject to the agreed amendments, at its meeting of 15 December 2010.
The Chairperson adjourned the meeting at 11.30am.
Fred Cobain, MLA
Chairperson, Committee for Regional Development
15 December 2010
1 December 10 / Menu
