COMMITTEE FOR SOCIAL DEVELOPMENT
MINUTES OF PROCEEDINGS
THURSDAY 04 NOVEMBER 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
Mr Tommy Gallagher MLA
Ms Anna Lo MLA
Ms Carál Ní Chuilín MLA
Mr John McCallister MLA
Mr Fra McCann 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) Agenda Items 1 – 4 only
Apologies:
None
The meeting began at 9.35am in private session.
1. Apologies
There were no apologies.
2. Chairperson’s Business
The Chairperson expressed the Committee’s thanks to Mr Billy Armstrong MLA who has left the Social Development Committee.
3. Draft minutes of the meeting held on 21 October 2010
Agreed: The minutes of the meeting held on Thursday, 21 October 2010 were agreed.
4. Caravans Bill – Bill Office Briefing & Clause-by-Clause scrutiny (Continued)
The Committee noted the Chairperson’s letter to Minister Poots seeking his views on the licensing of NIHE Travellers’ caravan sites.
The Bill Clerk briefed the Committee on further possible amendments to the Bill which would require seasonal caravan site owners to consult with a qualifying residents’ association in respect of significant matters relating to the caravan site.
Mr Anderson joined the meeting at 9.46am.
Mrs Bradley joined the meeting at 9.49am.
Mr McCallister joined the meeting at 9.52am.
The Chairperson welcomed Mr John McCallister as a new member of the Social Development Committee.
The Committee moved into public session at 9.56am.
Mr McCallister declared an interest as the Sponsor of the Caravans Bill at 9.57am.
The Committee continued its formal clause-by-clause scrutiny of the Caravans Bill.
4.1 Seasonal Caravan Sites:Consultation with Qualifying Residents’ Associations
The Committee noted an amendment which would require seasonal caravan site owners to communicate with a representative qualifying residents’ association in respect of significant site management issues. Unlike the residential sector, seasonal site owners would not be obliged to take account of the views of the association. The amendment includes enforcement options for the provision through the county courts.
As a consensus could not be reached, the Committee divided on the proposal that the Caravans Bill be amended to include the proposed amendment as follows:
Ayes 6; Noes 4; Abstentions 0.
AYES
Mr Mickey Brady
Mr Fra McCann
Ms Carál Ní Chuilín
Mr John McCallister
Mrs Mary Bradley
Ms Anna Lo
NOES
Mr Simon Hamilton
Mr Sydney Anderson
Mr Jonathan Craig
Mr Alex Easton
ABSTENTIONS
None
The motion was carried.
“Question put and agreed to: that the Committee for Social Development has agreed to amend the Caravans Bill, namely:
“Insert new clause in part 2 (after clause 8)
( ) (1) In any seasonal agreement there shall be implied the terms set out in schedule 2; and this subsection shall have effect notwithstanding any express term of the agreement.
(2) If the owner fails to comply with schedule 2(2) and 2(3) the occupier may apply to the court for an order requiring the owner to consult with the occupier in accordance with schedule 2(2) and 2(3).
Insert new clause in part 2
Jurisdiction
( ) (1) The county court for the county court division in which the seasonal site is situated shall have jurisdiction –
(a) to determine any question arising under this Part or any seasonal agreement, and
(b) to entertain any proceedings brought under this Part or any such agreement;
and references in this Part to “the court” shall be construed accordingly.
(2) But where the parties have agreed in writing to submit any question arising under this Part or, as the case may be, any seasonal agreement to arbitration, references in this Part to the court shall be read as references to the arbitrator.
Insert new clause in part 2
Power to amend implied terms
( ) (1) The Department of Enterprise, Trade and Investment may by order make such amendments to Schedule 2 as that Department considers appropriate.
(2) An order under this section may contain such incidental, supplementary, consequential, transitional or saving provisions as that Department considers appropriate.
(3) An order under this section may in particular –
(a) make provision for or in connection with the determination by the court of such questions, or the making by the court of such orders, as are specified in the order;
(b) make such amendments of any provision of this Part as that Department considers appropriate in consequence of any amendment made by the order to Schedule 2.
(4) No order may be made under this section unless the Department of Enterprise, Trade and Investment has consulted –
(a) such organisations as appear to it to be representative of interests substantially affected by the order; and
(b) such other persons as it considers appropriate.
(5) No order may be made under this section unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.
Insert new schedule after schedule 1
Schedule 2
Qualifying caravan owners’ association
1. – (1) A caravan owners’ association is a qualifying caravan owners’ association in relation to a seasonal site if –
(a) it is an association representing the occupiers of caravans on that site;
(b) at least 50 per cent. of the occupiers of the caravans on that site are members of the association;
(c) it is independent from the owner, who together with any agent or employee of the owner is excluded from membership;
(d) subject to paragraph (c), membership is open to all occupiers who own a caravan on that site and are entitled to an agreement under clause 7(1);
(e) it maintains a list of members which is open to public inspection together with the rules and constitution of the residents’ association;
(f) it has a chairman, secretary and treasurer who are elected by and from among the members on an annual basis at the Annual General meeting;
(g) with the exception of administrative decisions taken by the chairman, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only one vote for each caravan; and
(2) When calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b), each caravan shall be taken to have only one occupier and, in the event of there being more than one occupier of a caravan, its occupier is to be taken to be the occupier whose name first appears on the agreement.
Owner's obligations
2. – (1) The owner shall consult a qualifying caravan owners’ association, if there is one, about
(a) significant changes to the operation and management of, or improvements to, the seasonal site which affect the occupiers either directly or indirectly; and
(b) changes to site fees or service fees.
3.- For the purposes of paragraph 2, to “consult” a qualifying caravan owners’ association means –
(a) to give the association at least 28 days’ notice in writing of the matters referred to in paragraph 2 which –
(i) describes the matters and how they may affect the occupiers either directly or indirectly in the long and short term; and
(ii) states when and where the association can make representations about the matters.”
Agreed: The Committee also agreed that the Bill Sponsor would put forward this amendment at Consideration Stage.
“Question: Subject to consequential amendment, the Committee is content with Clause 8 as amended, put and agreed to.”
4.2 Licensing of NIHE Travellers Caravan sites
The following Departmental official joined the meeting at 10.22am:
Mr Stephen Martin Housing Division, Department for Social Development.
The official briefed the Committee on an amendment which would remove the requirement for NIHE to obtain a license from a district council for a Travellers’ caravan site.
As a consensus could not be reached on the proposed amendment, the Committee divided as follows:
Ayes 5; Noes 5; Abstentions 0.
AYES
Mr Mickey Brady
Mr Fra McCann
Ms Carál Ní Chuilín
Mrs Mary Bradley
Ms Anna Lo
NOES
Mr Simon Hamilton
Mr Sydney Anderson
Mr Jonathan Craig
Mr Alex Easton
Mr John McCallister
ABSTENTIONS
None
The motion was not carried.
4.3 Conclusion of clause-by-clause scrutiny
Agreed:The Committee agreed that it did not wish to bring forward any further amendments to the Caravans Bill and was therefore was content to conclude its clause-by-clause scrutiny of the Bill.
“Question: That the Committee is content with the Long Title of the Caravans Bill, as drafted, put and agreed to.”
The Chairperson thanked the official for his attendance.
The official left the meeting at 10.29am.
The Chairperson thanked the Bill Sponsor for his contribution to the Committee Stage of the Caravans Bill.
Mr McCallister left the meeting at 10.30am.
5. Matters arising
5.1 National Insurance Credits Changes – public consultation
Agreed: The Committee agreed to make a response to the Departmental consultation on changes to National Insurance Credits. The Committee agreed that the Clerk should write to the Department setting out Members’ concerns in respect of the proposed changes to the eligibility of certain claimants for bereavement benefits and the long term impact of the removal of Starting Credits on changing pension provisions. The Committee further agreed that the Clerk should seek information on the number of claimants which will be affected by the proposed changes.
Ms Ní Chuilín left the meeting at 10.33am.
5.2 Warmer Healthier Homes – Fuel Poverty Strategy consultation
Agreed: The Committee agreed to note the Fuel Poverty Strategy consultation document and receive a further briefing from the Department on 18 November 2010.
6. Subordinate Legislation
SR 351/2010 The Social Fund (Cold Weather Payments) (General) (Amendment No.2) Regulations ( Northern Ireland) 2010.
Question put and agreed:
“The Committee for Social Development has considered Statutory Rule: SR 2010 No. 351 : The Social Fund (Cold Weather Payments) (General) (Amendment No.2) Regulations ( Northern Ireland) 2010 and subject to the Examiner’s report has no objection to the Rule.”
Mr Gallagher joined the meeting at 10.40am.
7. Licensing and Registration of Clubs (Amendment) Bill – Informal Review of Clauses and Proposed Amendments
The Committee noted recent correspondence from the Department relating to the Licensing and Registration of Clubs (Amendment) Bill.
The following Departmental officials joined the meeting at 10.41am:
Liam Quinn – Head of Social Policy Unit, DSD; and
Tom Bowler - Social Policy Unit, DSD.
Mr McCann declared interests as a member of the Irish National Foresters Club, Cumann na Meirlach and Belfast City Council at 10.48am.
Clause 1: Closure of Licensed Premises
The Committee considered proposed amendments relating to: increased fines associated with closure orders; enhanced closure powers in connection with immanent disorder and noise issues; a requirement for the PSNI to consult with district councils and the local community in respect of closure orders and changes to the definition of when a premises is open.
Mr McCallister rejoined the meeting at 10.49am.
Ms Ní Chuilín rejoined the meeting at 10.51am.
Mr Easton left the meeting at 10.52am.
Mr Anderson declared an interest as a member of Craigavon Borough Council at 10.57am.
Clause 2: Penalty Points
The Committee considered proposed amendments in relation to: increased discretion for the courts in the endorsement of licenses with penalty points; changes to the level of points for under-age sales; a shorter “shelf life” for penalty points relating to underage sales and a restriction on the application of points to different segments of the alcohol retailing industry.
Clause 3: Proof-of-Age
The Committee considered amendments in relation to: the types of proof-of-age identification that could be required; the extension of the proof-of-age scheme to include enhanced restrictions on entry to licensed premises and changes to the proof-of-age protocols in-line with the Challenge 25 scheme.
Ms Lo left the meeting at 11.44am.
Clause 4: Application to limited liability partnerships
The Committee considered the provisions which apply to licensed premises and which clarify how the licensing Order applies to limited liability partnerships.
Clauses 5, 6 and 7
The Committee noted that the issues relating to Clauses 5,6 and 7 where largely the same as those which apply to Clauses 1,2 and 3.
Clause 8: Accounts of Registered Clubs
The Committee considered amendments which would further reduce the regulatory obligations of registered clubs.
Clause 9: Authorisations for special occasions
The Committee considered amendments relating to: a requirement for the PSNI to advise local councils in respect of late licenses; increases and decreases to the number of late licenses granted to clubs in a year; additional protections for those living in close proximity to clubs; an extension to the opening hours for sports clubs and more stringent controls in respect of the use of clubs’ licensed premises by non-members.
Other Amendments
The Committee also considered proposed amendments in relation to: curbing irresponsible drinks promotions; minimum alcohol pricing, public drinking control measures; rate relief for social clubs connected to amateur sporting clubs and other wide-ranging changes to the regulations of clubs.
Agreed: The Committee agreed that it had concerns in relation to the reported adherence by clubs to opening hours restrictions. The Committee further agreed that it would urge the Minister to give assurances during Consideration Stage of the Bill in respect of the enforcement of these restrictions.
The Departmental officials left the meeting at 12.08pm.
9. Correspondence
9.1 The Committee noted a letter dated 22 October 2010 from the Minister for Social Development to the Chairperson indicating that an amendment to Section 3 of the Charities Act (NI) 2008 is to be brought forward.
9.2 The Committee noted a letter dated 19 October 2010 from the Department to the Committee to advise that the Minister is to seek Executive approval to bring forward legislation in the next mandate which would introduce Business Improvement Districts and the licensing of pavement cafes.
Agreed: The Committee agreed to seek a briefing in the New Year on the proposed legislation.
9.3 The Committee considered a letter dated 14 October 2010 from the Department offering to brief on the responses to the consultation on Support for Owner Occupiers in Redevelopment Areas.
Agreed: The Committee agreed that this briefing should coincide with written briefings on the regeneration of the Village Area of Belfast.
9.4 The Committee noted a letter dated 15 October 2010 from the Department providing copies of the Charities Annual Reports 2004 – 2008 and the Charitable Donations and Bequests Annual Report (31 March 2009) which were laid in the Business Office on 15 October 2010.
9.5 The Committee considered a letter dated 18 October 2010 from the Department to the Chairperson with details of the Northern Ireland Civil Service Live event which is to be held on 16 November 2010 in the Waterfront Hall, Belfast.
Agreed: The Committee agreed that, resource permitting, a representative of Assembly Research & Library Service should attend this event.
9.6 The Committee noted a letter dated 18 October 2010 from the Department forwarding a copy of its response to an email from the Real Fathers for Justice organisation received on 12 September 2010.
9.7 The Committee considered an email received 8 October 2010 from Edward Cooke (Building Projects, Chartered Buildings Surveyors) to the Committee in respect of the investigation into contract work undertaken for NIHE.
Agreed: The Committee agreed that this would be forwarded to the Department for comment.
9.8 The Committee considered a letter dated 19 October 2010 from the Department of Justice on the closing date for the consultation on the EQIA on proposals for a Justice Bill. The Committee also considered a letter from the Committee for Justice for the Department for Social Development relating to the Committee Stage of the Justice Bill.
Agreed: The Committee agreed that the Committee for Justice letter would be forwarded to the Department for comment.
9.9 The Committee noted an email received 19 October 2010 from the Building Change Trust offering to brief the Chairperson on its activities and plans in respect of collaboration with the voluntary and community sector including the development of a significant loans fund.
9.10 The Committee considered a memo dated 21 October 2010 from the Committee for the Office of the First Minister and deputy First Minister forwarding the draft Play and Leisure implementation plan for comment.
Agreed: The Committee agreed that this would be forwarded to the Department for comment on the issues for which DSD appears to have delivery responsibility.
9.11 The Committee noted a memo dated 21 October 2010 from the Committee for the Office of the First Minister and deputy First Minister requesting attendance by Members of that Committee at the NICVA-facilitated Comprehensive Spending Review Call for Evidence session on 25 November 2010.
9.12 The Committee considered a memo dated 21 October 2010 from the Committee for the Office of the First Minister and deputy First Minister seeking views on Clauses 1- 6 of the Armed Forces and Veterans Bill.
Agreed: The Committee agreed that the memo would be forwarded to the Department for comment.
9.13 The Committee considered an email received on 22 October 2010 from Murray Bell (Principal, Bell Architects Limited) suggesting that Planning Service require all new housing applications to comply with the Code for Sustainable Housing.
Agreed: The Committee agreed that this email would be forwarded to the Department for comment.
9.14 The Committee considered a letter received on 22 October 2010 from Mount Vernon Community Development Forum to the Chairperson expressing its views on the recent Spending Review announcement.
Agreed: The Committee agreed that this letter would be forwarded to the Department for comment.
9.15 The Committee noted an invitation received on 14 October 2010 from the Northern Ireland Assembly and Business Trust to a breakfast briefing on Economic Development on Tuesday 9 November 2010 at 8.15am in the Members’ Dining Room.
9.16 The Committee noted items of miscellaneous correspondence from the Chartered Institute of Housing and Belfast Healthy Cities.
10. Forward Work Programme
Agreed: The Committee agreed that it was content with the Forward Work Programme as amended.
11. Any Other Business
Agreed: The Committee that the Clerk should write to the Department seeking an update on the Street Trading subordinate legislation which was considered at the Committee meeting of 21 October 2010.
12. Date, time and place of next meeting
The next meeting will take place on Tuesday, 9 November 2010 at 2pm, in the Senate Chamber, Parliament Buildings.
Agreed: The Committee agreed that it would temporarily adjourn for the Remembrance Service during its meeting on Thursday 11 November 2010.
The Chairperson adjourned the meeting at 12.22pm.
Mr Simon Hamilton MLA
Chairperson, Committee for Social Development.
11 November 2010
21 October 10 / Menu
