COMMITTEE FOR SOCIAL DEVELOPMENT

MINUTES OF PROCEEDINGS
THURSDAY 2 DECEMBER 2010
ROOM 29, PARLIAMENT BUILDINGS
AND
TUESDAY 7 DECEMBER 2010
ROOM 144, 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
Mr John McCallister MLA
Mr Fra McCann MLA

In Attendance:
Mr Peter McCallion (Assembly Clerk)
Mr Trevor Allen (Assistant Assembly Clerk – items 1 to 12 only)
Ms Karen Jardine (Assistant Assembly Clerk – items 13 and 14 only)
Mr Stewart Kennedy (Clerical Supervisor)
Ms Allison Ferguson (Clerical Officer)
Ms Eleanor Murphy (Assembly Research – items 9 and 13 only)

Apologies:
Ms Carál Ní Chuilín MLA

The meeting began at 9.37am in open session.

1. Apologies

Apologies are detailed above.

2. Chairperson’s Business

None.

3. Draft minutes of the meeting held on 25 November 2010

Agreed: The minutes of the meeting held on Thursday, 25 th November 2010 were agreed.

4. Matters arising

Licensing and Registration of Clubs (Amendment) Bill

The Committee noted correspondence from the Department for Social Development, addressing the Committee’s queries in respect of the enforcement of licensing hours restrictions and the number of convictions associated with breaches of the Clubs Order.

The Committee also noted correspondence from the Minister for Enterprise, Trade and Investment to the Minister for Social Development relating to a proposed amendment to the Bill pertaining to the number of late licenses available to registered clubs.

5. December Monitoring Round – Departmental Briefing

Mr McCann joined the meeting at 9.39am.

The following Departmental officials joined the meeting at 9.39am:

• Barney McGahan, Deputy Secretary, Resources, Housing & Social Security Group, DSD; and
• Stephen McMurray, Resources, Housing & Social Security Group, DSD.

Departmental officials briefed the Committee on the Department’s submission to the December Monitoring Round. This was followed by a question and answer session.

Mr Anderson joined the meeting at 9.43am.

Agreed: The Committee agreed that the Clerk should write to the Department seeking information on the Urban Regeneration capital projects that are to be supported by the requested reallocation of £11m from the Housing budget. The Committee further agreed that the Clerk should seek information on the slippage associated with the Colin Gateway project.

Mrs Bradley joined the meeting at 9.47am.

Agreed: The Committee agreed that the Clerk should write to the Department seeking a briefing paper on the current treatment of rent arrears by the Northern Ireland Housing Executive and its implications for budgets.

The Chairperson thanked the officials for their briefing.

The officials left the meeting at 9.58am.

6. Housing; Spending Review; Welfare Reform – Ministerial Briefing

The Minister for Social Development, Mr Alex Attwood MLA and the following Departmental officials joined the meeting at 9.59am:

• Will Haire, Permanent Secretary, DSD; and
• Barney McGahan, Deputy Secretary, Resources, Housing & Social Security Group, DSD.

The Minister and officials briefed the Committee on Housing, the Spending Review and Welfare Reform. This was followed by a question and answer session.

Mr Gallagher joined the meeting at 10:44am.
Mr McCallister joined the meeting at 10:45am.
Mrs Bradley left the meeting at 10:45am.
Mr Easton left the meeting at 10:53am.

The Chairperson thanked the Minister and officials for their briefing.

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

• seeking clarification as to whether housing associations are to face additional costs associated with compliance with planning regulations which require the provision of green spaces in social housing projects;
• requesting a copy of the Welfare Reform remedies paper which the Minister is expected to submit to the Executive;
• requesting a copy of the block leasing report; and
• to schedule a briefing for the Committee on the findings of the NIHE governance audit.

The Minister for Social Development and Departmental officials left the meeting at 11.13am.

Proceedings were suspended at 11.13am.
Mr McCallister left the meeting at 11:13am.
Mr Gallagher left the meeting at 11:13am.

Proceedings resumed at 11.22am.
Mr Easton returned to the meeting at 11.22am.

7. Subordinate Legislation

7.1 SR 2010 No. 378 The Social Fund Maternity Grant and Funeral Expenses (General) (Amendment) Regulations ( Northern Ireland) 2010.

Question put and agreed:

“The Committee for Social Development has considered Statutory Rule: SR 2010 No. 378 The Social Fund Maternity Grant and Funeral Expenses (General) (Amendment) Regulations ( Northern Ireland) 2010 and, subject to the Examiner’s report, has no objection to the Rule.”

7.2 Proposed Statutory Rule: The Rate of Bereavement Benefit Regulations ( Northern Ireland) 2010.

Agreed: The Committee agreed that it was content for the proposed Statutory Rule to be made.

8. Correspondence

8.1 The Committee noted correspondence (dated 19 November 2010) from the Department in response to the Committee’s letter of 3 February 2010 on the Annual Regulatory Return for Housing Associations, pending the Department’s response to a related query on Housing Association vacancies.

8.2 The Committee noted correspondence dated 22 November 2010 from the Department in response to the Committee’s letter of 9 November 2010 on the draft Play and Leisure Implementation Plan.

Agreed:The Committee agreed to forward the response to the OFMDFM Committee, for information, and to seek clarification from the Department on the £9m provided under Neighbourhood Renewal in the last 3 years, for the development and improvement of play and leisure facilities.

8.3 The Committee noted correspondence dated 28 November 2010 from the Minister for Social Development on the launch of the Departmental consultation on Business Improvement Districts and the licensing of pavement cafes.

Agreed: The Committee agreed that the Clerk should obtain the consultation document and brief the Committee on its key points and also that the Clerk should write to the Department requesting a Departmental briefing at the conclusion of the consultation.

8.4 The Committee noted correspondence dated 25 November 2010 from the Department requesting that the planned update on the new Framework for Urban Regeneration and Community Development be postponed.

8.5 The Committee noted correspondence dated 26 November 2010 from the Department in response to the Committee’s letter of 16 November 2010 on the pilot Tenant-Led review of Northern Ireland Housing Executive services.

8.6 The Committee noted correspondence dated 22 November 2010 from the Committee for Finance and Personnel on the Confederation of British Industry’s Northern Ireland Report entitled “Time for Action NI – Delivering public services in a time of austerity.”

Agreed: The Committee agreed that the Clerk should write to the Department to seek an update on revenue-generating activities identified in the report, including the social rent alignment process.

8.7 The Committee noted correspondence from the Minister for Finance and Personnel on the Budget timetable.

8.8 The Committee noted correspondence from the Energy Saving Trust outlining its views on the new Strategic Energy Framework published by the Department of Enterprise, Trade and Investment.

8.9 The Committee noted correspondence from a member of the public on the increase in pitch fees on their caravan site at Windsor Holiday Park, Groomsport.

Agreed: The Committee agreed that the Clerk should write to DETI’s Trading Standards Service to seek clarity in respect of this matter. The Committee also agreed to write to the British Holiday & Home Parks Association ( BH&HPA) and the National Caravan Council (NCC) on this matter and to copy this correspondence to the ETI Committee.

Mr Craig left the meeting at 11.31am.

8.10 The Committee noted correspondence from the Crumlin Ardoyne Neighbourhood Renewal Partnership on the Comprehensive Spending Review and providing the Committee with its DVD showcasing its event in North Belfast which was addressed by the Minister for Social Development.

8.11 The Committee noted correspondence from the OFMDFM Committee on the briefing it has received from Northern Ireland’s MEPs on European Issues and the briefing from representatives of the Special EU Programmes Body.

8.12 The Committee noted correspondence from the OFMDFM Committee on the draft Child Poverty Report.

Agreed: The Committee agreed that the Clerk should write to the OFMDFM Committee indicating that the strategies in the report that relate to DSD are generally aligned with the Child Poverty Strategy and that the Committee therefore has no further comment to make.

8.13 The Committee noted correspondence from the OFMDFM Committee on the role and work of the Northern Ireland Executive Office in Brussels.

8.14 The Committee noted correspondence from the Education Committee to the Minister for Social Development on its inquiry into Successful Post-Primary Schools Serving Disadvantaged Communities.

Agreed: The Committee agreed to forward this correspondence to the Minister for Social Development for response. The Committee also agreed to consider the Minister’s response and make comment when received.

8.15 The Committee noted miscellaneous correspondence including the Special EU Programmes Body’s bulletin “EuroPA” which provides an update on Peace III Programmes.

9. Housing (Amendment) (No.2) Bill – Informal Review of Clauses

The following Departmental officials joined the meeting at 11.36am to brief the Committee on recent Departmental responses and the clauses and proposed amendments to the Housing (Amendment) (No.2) Bill:

• Alastair Campbell, Housing Division, DSD;
• Stephen Baird, Housing Division, DSD; and
• Angela Clarke, Housing Division, DSD.

Mr Gallagher returned to the meeting at 11.40am.
Mr McCallister returned to the meeting at 11.40am.

Clause 1 – Abolition of statement of tenancy terms

The Committee discussed in detail the provisions of this clause of the Bill.

The Committee informally indicated that it would not support the proposal to amend this clause which was to provide that the regulations relating to the provision of rent books would be subject to draft affirmative resolution.

Clause 2 – Tenant Deposit Schemes

The Committee discussed in detail the provisions of this clause of the Bill.

Mr Craig returned to the meeting at 11.47am.

The Committee informally agreed that the Department should draft an amendment which would:

• replace the word “may” at 5A(1) with “shall” in order to make the provision of a Tenant Deposit Scheme a duty rather than just a power; and
• include a timeframe to which the making of regulations on a deposit scheme must be taken forward.

The Committee noted Departmental assurances that the provision of information on Tenant Deposit Schemes within a 28 day timeframe aligned with the provision of other tenancy information. Consequently, the Committee informally agreed that it was not in support of the proposed amendment which would alter this timeframe to 14 days.

The Committee noted Departmental assurances that a proposed amendment that would require landlords to hold tenants’ deposits in secure accounts would be adequately addressed in regulations. Consequently, the Committee informally agreed that it was not in support of a related amendment.

The Committee noted Departmental assurances that a mechanism for the resolution of disputes and the introduction of an unbiased arbitration scheme are already included in the Bill as drafted. Consequently, the Committee informally agreed that it was not in support of related amendments.

The Committee noted Departmental assurances that district councils will have a role in the enforcement of tenant deposit schemes. Consequently, the Committee informally agreed that it was not in support of amendments which would enhance the role of district councils in the regulation of the tenant deposit scheme.

The Committee noted Departmental assurances that landlords will have the option of a no-fee custodial deposit scheme or a fee-charging insurance scheme. Consequently, the Committee informally agreed that it was not in support of proposed amendments that the tenant deposit scheme be withdrawn or that fees associated with disputes be limited.

Agreed: The Committee agreed that the Clerk should write to the Department seeking further information on tenant deposit bond schemes which may be used to protect the interests of vulnerable people and people with low incomes.

Clause 3 – Power of entry to inspect dwelling-house

The Committee noted the Department’s assurances that the proposed amendment which was to extend the powers of entry in Part 3 of the Private Tenancies Order to Part 4 of that Order was unnecessary as the provisions were already included in the Bill. Consequently, the Committee informally agreed that it was not in support of the proposed related amendment.

Mr Anderson left the meeting at 12.21pm.

The Committee noted the Department’s assurances that changes to the current domestic fitness standard were to be brought forward by the Department in the next Assembly mandate. Consequently, the Committee informally agreed that it was not in support of the proposed amendments to replace the existing fitness standard with a Housing Health and Safety Rating System or that the Decent Homes Standard be legally enforceable for all public and private housing.

The Committee noted Departmental assurances that it is to work with district councils to address the issues relating to specialist reports on health and safety hazards in a privately rented home. Consequently the Committee informally agreed that it was not in support of the proposed amendment on this matter.

Clause 4 – Power to modify Article 42 to 45

The Committee informally agreed that it was not in support of a proposed amendment that all rent controls relating to the private sector should be removed.

Agreed: The Committee agreed that the Clerk should write to the Department seeking information on the number of properties that are subject to rent control and which may not comply with the fitness standard.

The Chairperson thanked the officials.

The Departmental officials left the meeting at 12.34pm.

Mr Gallagher left the meeting at 12.35pm.

10. Owner Occupiers in Redevelopment Area Consultation / Village Urban Renewal Scheme

Agreed: The Committee agreed that the Clerk should write to the Department requesting an oral briefing on the consultation on the Policy to Support Owner Occupiers in Redevelopment Area at the meeting of 9 December 2010.

Agreed: The Committee agreed that, following the Departmental briefing on the Policy to Support Owner Occupiers in Redevelopment Areas, it would decide on the most appropriate way to take forward its consideration of the Village Urban Renewal Scheme.

11. Forward Work Programme

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

Agreed: The Committee agreed to receive a Ministerial briefing on the Charities (Amendment) Bill at the meeting of 9 December 2010.

Agreed: The Committee agreed to receive a Departmental briefing on Irresponsible Drinks Promotions at the meeting of 13 January 2011.

Agreed: The Committee agreed to schedule additional meetings on 7 December and 14 December 2010 if required and subject to sittings of the Assembly.

12. Any Other Business

No other items of business were raised.

Mr Easton left the meeting at 12.42pm.

The Chairperson suspended proceedings at 12.43pm.

Jonathan Craig left the meeting at 12.43pm.

Anna Lo left the meeting at 12.43pm.

John McCallister left the meeting at 12.43pm.

Proceedings resumed at 3:00pm on Tuesday 7 December 2010 in Room 144.

The Committee agreed to continue its informal review of the clauses and proposed amendments to the Housing (Amendment) (No.2) Bill.

13. Housing (Amendment) (No.2) Bill – Informal Review of Clauses (Continued)

The Chairperson welcomed the following DSD officials at 3.08pm:

• Alistair Campbell, Housing Division;
• Stephen Baird, Housing Division;
• Avril Hiles, Housing Division.

The Chairperson welcomed Ms Eleanor Murphy, Assembly Research and Library Services to the meeting at 3.10pm.

Ms Lo rejoined the meeting at 3.10pm.

Mr Gallagher rejoined the meeting at 3.15pm.

Noted: The Committee noted a Research Paper on Landlord Registration Schemes in other jurisdictions and Departmental correspondence dated 2 December 2010 and 7 December 2010 on queries raised by the Committee on the Bill.

Ms Murphy left the meeting at 3.19pm.

Clause 5 – Registration of Landlords

The Committee discussed in detail the provisions of this clause of the Bill.

The Committee noted a technical amendment proposed by the Department to remove the words “apply to register” which would have the effect of making landlord registration compulsory. The Committee informally agreed that it was in support of the proposed amendment.

The Committee informally agreed that the Department should draft an amendment to make the requirement to establish a register of landlords a duty and not just a power and to include in the proposed amendment a mandatory timeframe for the creation of the register.

Mr Anderson declared an interest as a member of Craigavon Borough Council at 3.28pm.

The Committee noted suggestions from the Department that an increase in the maximum fine to £20,000 for non-registration by landlords would lead to very large initial fixed penalties for non-compliant landlords. The Committee also considered options for ensuring that district councils can recover the costs of court proceedings associated with the enforcement of private tenancy legislation

Agreed: The Committee agreed that the Clerk should write to the Department for Social Development and the Department of Justice suggesting that consideration be given to a different fixed penalty scheme which would allow fines to increase with repeated non-compliance.

Agreed:The Committee also agreed that the Clerk should write to the Department of Justice and the Department of Social Development to seek clarification as to whether measures could be brought forward that would ensure that the costs of any court action resulting from non-compliance with tenancy legislation would be awarded by the courts in favour of district councils.

The Committee noted Departmental assurances that regulations were likely to ensure that the landlord register would include records of managing agents, property managers and owners. Consequently, the Committee informally agreed that it would not pursue an amendment to the Bill in this regard.

The Committee noted Departmental assurances that a dispute mediation mechanism is to be put in place as part of the tenant deposit scheme. Consequently, the Committee informally agreed that it would not pursue an amendment that would introduce a dispute mediation scheme that would be linked to the landlord register.

Mr Brady left the meeting at 3.47pm.

Mr Gallagher left the meeting at 3.55pm.

The Committee noted Departmental assurances that a review of housing fitness standards is currently underway and that the Department plans to introduce legislation on this matter in the next mandate. Consequently, the Committee informally agreed that it would not pursue an amendment which would establish compliance with housing fitness and quality standards as a requirement for registration.

The Committee noted Departmental assurances that district councils currently provide advice and training on tenancy matters to landlords. Consequently, the Committee informally agreed not to support an amendment which would place a statutory requirement on district councils in this regard.

The Committee noted Departmental assurances that an amendment on tenancy information-sharing by statutory bodies would be brought forward. Consequently, the Committee informally agreed not to support an amendment which would require all statutory bodies to share tenancy information.

The Committee noted that a proposed amendment that would provide for costs associated with enforcement actions to be recoverable from landlords had been discussed in relation to a previous suggested amendment.

The Committee informally agreed that it was not in support of a proposed amendment that would provide for the complete withdrawal of the provisions relating to landlord registration and the minimisation of costs associated with the landlord register.

The Committee noted Departmental assurances that regulations would ensure that the landlord register would include different levels of public access and that consequently the home addresses of landlords would not be made generally available to the public. Consequently, the Committee informally agreed not to support the amendment which would place the register outside the public domain.

The Committee noted Departmental assurances that regulations would establish which statutory body would operate and maintain the register. Consequently, the Committee informally agreed not to support the amendments relating to the operation of the register by district councils.

The Committee noted Departmental assurances that regulations may provide for the landlord register to include an indication of the level of disability access and compliance with the Lifetime Homes Standard for each property owned by landlords who are on the register. Consequently the Committee informally agreed not to bring forward an amendment in this regard.

14. Date, time and place of next meeting

The next meeting will take place on Thursday, 9 December 2010 in Room 29, Parliament Buildings at 9.30am.

The Chairperson adjourned the meeting at 4.01pm.

Mr Simon Hamilton MLA
Chairperson, Committee for Social Development.
9 December 2010

25 November 10 / Menu