COMMITTEE FOR SOCIAL DEVELOPMENT

MINUTES OF PROCEEDINGS
THURSDAY 23 SEPTEMBER 2010
ROOM 29, PARLIAMENT BUILDINGS

Present:
Mr Simon Hamilton MLA (Chairperson)
Mr Sydney Anderson MLA
Mrs Mary Bradley MLA
Mr Mickey Brady MLA
Mr Jonathan Craig MLA
Mr Alex Easton MLA
Ms Anna Lo MLA
Mr Fra McCann MLA
Ms Carál Ní Chuilín MLA

In Attendance:
Mr Peter McCallion (Assembly Clerk)
Mrs Clairita Frazer (Assistant Assembly Clerk)
Mr Stewart Kennedy (Clerical Supervisor)
Ms Allison Ferguson (Clerical Officer)
Ms Patricia Casey (Bill Clerk present for Agenda items 1-5)

Apologies:
Mr Billy Armstrong MLA
Mr Tommy Gallagher MLA

The meeting commenced at 10.06am in public session.

The Deputy Chairperson Ms Carál Ní Chuilín assumed the Chair.

1. Apologies

Apologies were as indicated above.

2. Chairperson’s Business

None

3. Draft minutes of the meeting held on 16 September 2010

Agreed: The minutes of the meeting held on Thursday, 16 September 2010 were agreed.

4. Matters arising

4.1 Supporting People Evaluation Report

Agreed: The Committee agreed that the Clerk should forward a copy of the Supporting People Evaluation Report to the Northern Ireland Federation of Housing Associations and the Committee Representing Independent Supporting People (CRISP) service providers. The Committee further agreed that these organisations should be asked to co-ordinate a response from Supporting People service providers to the report

4.2 Northern Ireland Housing Executive

Agreed: The Committee agreed that the Clerk should write to the Department to seek details of recent press reports in respect of an internal investigation at the Northern Ireland Housing Executive.

Agreed: The Committee further agreed that the Clerk should seek confirmation from the Department that the Comptroller and Auditor General had been appropriately informed in respect of this or any other investigation at the Northern Ireland Housing Executive.

Mr Anderson joined the meeting at 10.10am.

Mr Hamilton joined the meeting and assumed the Chair at 10.11am.

5. Caravans Bill – Review of Clauses and Proposed Amendments

The following Departmental official joined the meeting at 10.13am:

• Stephen Martin, Housing Division, Department for Social Development.

The Committee reviewed the clauses and proposed amendments to the Caravans Bill.

Part 1 Clause 1

Agreed: The Committee agreed to defer consideration of proposed amendments relating to the exemption of NIHE transit, halting and serviced sites from the provisions of Part I of the Bill and changes to the role of NIHE in providing such sites pending receipt of Departmental information on the compatibility of these amendments with human rights legislation.

Clause 2

Agreed: The Committee agreed that it did not support a proposed amendment relating to a delay in the commencement of the provisions of the Bill relating to the introduction of residential agreements.

Agreed: The Committee agreed that it did not support a proposed amendment that would introduce the inclusion of agreement proformas in the Bill or in Regulations.

The Committee accepted assurances from the Department that proforma agreements would be issued as part of the guidance accompanying the Bill.

Agreed: The Committee agreed that the Clerk should write to the Department requesting that it give consideration to the development of an amendment which would allow for a review of the effectiveness of the provisions of Part 1 of the Bill after an appropriate period.

Agreed: The Committee agreed that subject to consequential amendment it was not minded to bring forward other amendments to this clause.

Clause 3

Agreed: The Committee agreed to defer consideration of proposed amendments relating to the exemption of NIHE transit and halting sites from the provisions of Part I of the Bill pending receipt of Departmental information on the compatibility of these amendments with human rights legislation.

Clause 4

Agreed: The Committee agreed that subject to consequential amendment it was not minded to bring forward amendments to this clause.

Clause 5

Agreed: The Committee agreed that it did not support proposed amendments in relation to the early commencement of the successors-in-title provisions of the Bill.

Agreed: The Committee agreed to defer consideration of proposed amendments that would exempt NIHE transit, halting and serviced sites from the successors-in-title provisions of the Bill pending receipt of Departmental information on the compatibility of these amendments with human rights legislation.

Clause 6

Agreed: The Committee agreed that it would not support an amendment that would transfer jurisdiction in respect of disputes relating to residential agreements to a body such as the Residential Property Tribunal.

Agreed: The Committee agreed that subject to consequential amendment it was not minded to bring forward other amendments to this clause.

Part 2 Clause 7

Agreed: The Committee agreed to support the Department’s proposed amendment which would ensure that seasonal caravan users staying on protected sites enjoy the same protections as seasonal caravan users staying on seasonal sites.

Agreed: The Committee agreed that subject to consequential amendment it was not minded to bring forward other amendments to this clause.

Ms Ní Chuilín left the meeting at 10.50am.

Clause 8

Agreed: The Committee agreed that it would not support the proposed drafting amendments to make specific reference to “License Agreements” or “Owner of the seasonal site”.

Agreed: The Committee agreed that the Clerk should write to Trading Standards seeking clarification as to the rights and responsibilities of seasonal site owners and caravan owners in respect of the removal of a caravan from a site.

Mr Brady left the meeting at 10.57am.

Agreed: The Committee further agreed that it would defer further consideration of proposed amendments in relation to Qualifying Resident’s Associations on seasonal sites pending receipt of a response from the Committee for Enterprise, Trade and Investment.

Part 3 Clause 9

Agreed: The Committee agreed that subject to consequential amendment it was not minded to bring forward other amendments to this clause.

Clause 10

Agreed: The Committee agreed to support a proposed amendment to give District Councils the power to investigate and prosecute complaints in relation to unfair eviction and harassment of residential occupiers on protected sites.

Agreed: The Committee agreed that subject to consequential amendment it was not minded to bring forward other amendments to this clause.

Clause 11

Agreed: The Committee agreed that subject to consequential amendment it was not minded to bring forward amendments to this clause.

Clause 12

Agreed: The Committee agreed that subject to consequential amendment it was not minded to bring forward amendments to this clause.

Clause 13

Agreed: The Committee agreed that subject to consequential amendment it was not minded to bring forward amendments to this clause.

Clause 14

Agreed: The Committee agreed that subject to consequential amendment it was not minded to bring forward amendments to this clause.

Clause 15

Agreed: The Committee agreed to defer consideration of proposed amendments relating to exemptions for NIHE transit, halting and serviced sites from Part 3 of the Bill pending receipt of Departmental information on the compatibility of these amendments with human rights legislation.

Clause 16

Agreed: The Committee agreed that subject to consequential amendment it was not minded to bring forward amendments to this clause.

Part 1 of the Schedule of the Bill

Agreed: The Committee agreed that it would not support proposed amendments to remove controls on the commission paid on caravan sales or to require commissions to be based on an independent valuation.

Mr Eason left the meeting at 11.13am.

Agreed: The Committee agreed that the Clerk should write to the British Home and Holiday Parks Association to seek information on typical caravan sale prices in Northern Ireland.

Agreed: The Committee agreed that the Clerk should write to the Department suggesting that consideration be given to an amendment which would require levels of commission for caravan sales to be set out in residential agreements.

Agreed: The Committee agreed that it would not support proposed amendments to remove provisions which permit a caravan site owner to withhold permission for the sale of a caravan to an individual.

Agreed: The Committee agreed that it would not support proposed amendments to increase the powers of eviction for caravan site owners.

Agreed: The Committee agreed that it would not support proposed amendments in respect of changes to the Retail Price Index measure which is used to calculate pitch fees.

Agreed: The Committee agreed that it would not support proposed amendments which would include explicit provisions in the Bill in relation to the removal of caravans at a reasonable cost from a caravan site.

Agreed: The Committee agreed to support a proposed drafting amendment which would ensure that the commission on caravan sales would be no more than 10% of the caravan sale value rather than always 10% of the caravan sale value.

Agreed: The Committee agreed to defer consideration of proposed amendments relating to exemptions for NIHE transit, halting and serviced sites from: Part 1 of the Bill; provisions relating to essential or emergency works and provisions relating to the sale or gift of caravans pending receipt of Departmental information on the compatibility of these amendments with human rights legislation.

Part 2 of the Schedule of the Bill

Agreed: The Committee agreed that subject to consequential amendment it was not minded to bring forward amendments to this part of the Schedule.

Part 3 of the Schedule of the Bill

Agreed: The Committee agreed that subject to consequential amendment it was not minded to bring forward amendments to this part of the Schedule.

Agreed: The Committee agreed to defer further consideration of a proposed amendment relating to the repeal the Unauthorised Encampments ( Northern Ireland) Order 2005 pending receipt of Departmental information on the compatibility of related amendments with human rights legislation.

Agreed: The Committee agreed to defer further consideration of a proposed amendment in relation to the removal of the requirement for NIHE to obtain a license for a Travellers’ caravan site pending receipt of further Departmental information.

The Chairperson thanked the official for the briefing.

Mr Martin left the meeting at 11.25am.

6. Subordinate Legislation

6.1 Proposed Statutory Rule: The Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations ( Northern Ireland) 2010.

Agreed: The Committee agreed that it would defer consideration of the proposed rule pending further information from the Department on the impact of the proposal on seasonal workers.

6.2 SR 2010/311 The Social Security (Miscellaneous Amendments No.5) Regulations ( Northern Ireland) 2010.

Question put and agreed:

“The Committee for Social Development has considered Statutory Rule: SR 2010 No. 311 : The Social Security (Miscellaneous Amendments No.5) Regulations ( Northern Ireland) 2010 and subject to the Examiner’s report has no objection to the Rule.”

6.3 SR 2010/312 The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations ( Northern Ireland) 2010.

Agreed: The Committee agreed to defer consideration pending further information from the Department on the impact of this Rule on new ESA claimants.

7. Correspondence

7.1 The Committee considered a letter from the Department dated 10 September 2010 enclosing written details of its September Monitoring Round submission.

Agreed: The Committee agreed that the Clerk should write to the Department requesting further information on Housing Association Loans.

7.2 The Committee considered an email from the Real Fathers for Justice organisation offering to provide a briefing on benefit issues relating to new and previous resident parents and CMED payment processing concerns.

Agreed: The Committee agreed to forward this correspondence to the Department for comment on the issues.

7.3 The Committee considered an email from the Committee for the Office of the First Minister and deputy First Minister forwarding a copy of the OFMDFM response to the EU Commission’s Communication on the Rights of the Child.

Agreed: The Committee agreed that the Clerk should write to the Department seeking information on its response to the EU Commission’s Communication on the Rights of the Child.

7.4 The Committee noted a memofrom the Committee for Finance and Personnel forwarding the Executive’s Budget Process Action Plan and DFP’s response to the Committee for Finance and Personnel’s Second Budget Scrutiny Inquiry Report.

7.5 The Committee noted a reportby the QUB Budget Analysis Project entitled: Budgeting for Social Housing in Northern Ireland: A Human Rights Analysis.

7.6 The Committee noted an email relating to a CPPS seminar entitled: “How best can we most effectively deliver sustainable civil society at a time of deficit reduction?”

7.7 The Committee considered an invitation from t he Construction Employers Federation to the Chairperson to attend this year’s CEF / Specify Construction Excellence Awards Gala Dinner to be held at the Culloden Hotel on Thursday 7 October 2010.

Agreed: The Committee agreed that it was content for the Chairperson to attend this event - diary permitting.

7.8 The Committee noted an email regarding a CPPS Seminar in Leeds entitled “What future for social affordable housing?” to be held on Thursday 18 November 2010.

Agreed: The Committee agreed that the Clerk should obtain the papers from the conference for Members’ information.

7.9 The Committee noted an item of miscellaneous correspondence from the Participation Network.

8. NIHE 39 th Annual Report

The Committee considered NIHE’s 39 th Annual Report.

Agreed: The Committee agreed that the Clerk should write to the Department to request:

• further information on the Maintenance Investment Strategy;
• details of the new Homelessness Strategy;
• information on the Dispersed Intensively Managed Emergency (DIME) Accommodation Project;
• copies of the NIHE research reports on “ Retirement Villages” and “Housing and Housing-related Information Needs for Older People”;
• copies of the report on estate-based urban regeneration;
• copies of the final report on the Empty Homes Strategy;
• copies of the report on a pilot tenant-led review of NIHE services;
• copies of the report on the value of energy brokering in combating fuel poverty;
• copies of the report on the Community Restorative Justice Ireland and Northern Ireland Alternatives Partnerships;
• clarification as to the matter that the Comptroller & Auditor General indicated has been referred to the PSNI; and
• information on the evaluation of the Shared Future and Shared Neighbourhood programmes.

9. Child Maintenance and Enforcement Division – Annual Decision Making Report 2009-10.

The Committee noted a copy of the Child Maintenance and Enforcement Division – Annual Decision Making Report 2009-2010

10. Forward Work Programme

Agreed: The Committee agreed that it was content with the Forward Work Programme.

11. Any Other Business

None

12. Date, time and place of next meeting

The next meeting will take place on Thursday, 30 September 2010 at 10.00am, in Room 29.

The Chairperson adjourned the meeting at 11.47am.

Mr Simon Hamilton MLA
Chairperson, Committee for Social Development.
30 September 2010

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