Friday 08 March 2002
Written Answers to Questions (Continued)

Effluent Disposal Offenders : Revenue from Fines

Mr Jim Shannon asked the Minister of the Environment to detail (a) the costs associated with prosecuting effluent disposal offenders; (b) the fines imposed; and (c) where does this revenue go to.

(AQW 2007/01)

The Minister of the Environment (Mr Nesbitt): When a pollution incident occurs, Environment and Heritage Service seeks to locate the pollution source, identify the polluter, and if appropriate, collect sufficient evidence to secure a prosecution.
Since 1998, EHS has collected details of the costs associated with bringing a prosecution to Court and advises the DPP's office of that cost in relation to each case.
In addition, where a case is submitted to the DPP's office recommending prosecution, EHS records the following details about each case.

• the Court costs awarded to cover the cost of serving the summons;
• the fine imposed by the Court;
• the amount of the analysis costs incurred by the Department; and

The most recent year for which all prosecution cases have been dealt with by the Courts is 1999. Of a total of 67 prosecutions taken by the Department in relation to incidents which occurred during 1999, the average:

• cost of bringing each case to Court was £ 770,
• fine imposed was £ 470, and
• analysis costs awarded were £ 133.

The Court costs - the cost of serving the summons and issuing documentation - are recovered by the DPP's office. The analysis costs are paid to my Department. The fines imposed by the Magistrates Court are credited by the NI Courts Service to the UK Consolidated Fund and paid to the Treasury.

Residential and Marina Development : Larne

Mr Ken Robinson asked the Minister of the Environment to outline (a) the date the planning application for Residential and Marina Development at Larne was received by the Planning Service; (b) the date Larne Borough Council was consulted; (c) Larne Borough Council's decision on the application; and (d) when will a planning determination be made; and to make a statement.

(AQW 2101/01)

Mr Nesbitt: [holding answer 4 March 2002]: (a) The application, accompanied by an Environmental Statement, was received in the Ballymena Divisional Planning Office on 23 December 1999, and validated on 19 January 2000.

(b) Larne Borough Council was consulted on 25 January 2000 with regard to the Environmental Statement submitted and the application details. On 17 April 2000 the Council was asked for its views on the proposal when being advised that the application had been given major status under Article 31 of the Planning (NI) Order 1991. The Council was further consulted on the two addenda to the Environmental Statement received on 30 October 2000 and 13 September 2001.

(c ) Correspondence from the Chief Executive and the Chief Environmental Health Officer of Larne Borough Council, received on 12 and 14 April 2000 respectively, informed the Planning Service that the Council had no objection in principle to the provision of a marina at the proposed site, and that it had resolved in principle to make an area of land available at Larne Promenade to facilitate the development. The Chief Executive's letter stated that the Council resolved to review its decision when it had considered reports on the economic impact of the development, and on legal issues involved in diverting a public right of way. The latter issue has been impeding the Council progressing its support in principle for the proposed development.

In a letter of 5 June 2001, responding to an addendum to the Environmental Statement, the Council's Director of Corporate Services advised that the Development and Consultative Committee, at a meeting on 9 March 2001, resolved that the Council should continue to have no objection in principle to the development of a marina at the proposed site, subject to a number of provisions. The 5 June 2001 letter also stated that the Council resolved that legal advice on the transfer of land in Council ownership to facilitate the development be accepted. The advice is to the effect that there are serious legal implications for the Council in releasing the land, and that the developer should be advised accordingly. It was also resolved that the Council should continue to be guided by legal advice on the issue.

(d) As well as the right of way issue, the Planning Service is currently considering a small number of other technical and environmental matters. A former Minister, Lord Dubbs, has already given a commitment that the application will proceed by way of a Public Inquiry.

Ministerial Visits Outside Northern Ireland

Mr Peter Weir asked the Minister of the Environment to detail the total amount spent on Ministerial visits outside Northern Ireland in each of the last 3 years.

(AQW 2102/01)

Mr Nesbitt: [holding answer 4 March 2002]: Totals spent by DOE on Ministerial visits outside Northern Ireland in each of the last 3 years are as follows:-

Telecommunications Masts : Corgary/Sheepbridge

Mr P J Bradley asked the Minister of the Environment if he will undertake to meet with the residents of the Corgary/Sheepbridge area to discuss their concerns regarding the increasing number of telecommunication masts, and the further proposals for additional masts.

(AQW 2189/01)

Mr Nesbitt: I would, of course, be happy to meet with the residents of the Corgary/Sheepbridge area to discuss their concerns about telecommunications masts. My Diary Secretary, will be in touch with you shortly to make the necessary arrangements.

Funding for Land Lost Due to Tidal Erosion

Mr Jim Shannon asked the Minister of the Environment to outline (a) if funding is available to assist those who have lost land due to tidal erosion; and (b) if he would consider co-operating with other Departments to address this matter.

(AQW 2190/01)

Mr Nesbitt: (a) My Department's Environment and Heritage Service can provide grants under the provisions of Article 29 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 for schemes that are conducive to attaining the purposes of the Order. This can include, in exceptional circumstances, measures to protect a site or habitat which is of very important nature conservation value and which was under threat from the sea. There is no funding for other coastal sites or properties available from my Department.

(b) Issues which may arise from coastal erosion are the responsibility of several Departments, including the Department of Agriculture and Rural Development and the Department for Regional Development, as well as DOE.
It would not be for my Department to address the issue of funding to assist those who have lost land due to tidal erosion, other than in the circumstances set out in (a). My Department has had no approaches from other Departments on this issue.

Non-Departmental Public Bodies

Mr Alex Maskey asked the Minister of the Environment to detail expenditure figures for those non-Departmental Public Bodies under his responsibility in each year since 1995.

(AQW 2221/01)

Mr Nesbitt: My predecessor took over responsibility from NIO Ministers on devolution. The annual Cabinet Office publication "Public Bodies" includes details of expenditure for Northern Ireland Non-Departmental Public Bodies. Copies of these publications have been placed in the Assembly Library and are also available on the Cabinet Office website (www.cabinet-office.gov.uk/quango).

The executive NDPBs sponsored by the Department are -

• Local Government Staff Commission (LGSC); and
• NI Local Government Officers' Superannuation Committee (NILGOSC).

• The Department's advisory bodies are:

• Northern Ireland Review Body;
• Council for Nature Conservation and the Countryside (CNCC);
• Historic Buildings Council (HBC);
• Historic Monuments Council (HMC)

Dargan Road Landfill Site

Mr David Ford asked the Minister of the Environment what monitoring and protection measures are in place with regard to leachate pollution of Belfast Lough from the Dargan Road landfill site.

(AQW 2257/01)

Mr Nesbitt: The Dargan Road landfill site is operated by Belfast City Council.
A Site Monitoring Plan, which sets out the water monitoring requirements for the site, has been agreed with my Department's Environment and Heritage Service. The plan sets out the sampling frequencies and test parameters for the collection and analysis of samples.

The submission of the Plan, and its agreement by my Department, was one of the conditions attached to the planning permission for the site, which was granted on 14 May 2001. The application for planning permission was made by Belfast City Council to provide essential interim capacity for disposal of controlled (including special) waste at the site, by the revision and elevation of the top surface profile, to complete the planned final closure of the site.

The monitoring plan includes a requirement to carry out sampling on the seaward side of the site of the leachate drainage discharges from it; of the seawater in the vicinity of the leachate discharges; and of sediment samples on the foreshore, in the vicinity of the discharges. Environment and Heritage Service, as part of its marine monitoring programme, routinely collects water samples at six locations within Belfast Lough to assess general water quality. Shellfish samples are also collected at five locations within the Lough.

Impermeable vertical barriers have been installed around the north-western, north-eastern, northern and southern boundaries of the site, to prevent the lateral migration of leachate. As part of the closure plan for the site, the site is to be progressively capped; this will reduce the generation of leachate by limiting the amount rainfall entering the site.

Excess Nutrients : Eutrophication of Waterways

Mr Billy Armstrong asked the Minister of the Environment to detail his plans to reduce excess nitrogen, phosphate and potash from animal waste from reaching the waterways.

(AQO 948/01)

Mr Nesbitt: I acknowledge the undesirable environmental impact of excess nutrients causing eutrophication of waterways. This often manifests itself by the presence of excessive growths of green weed and algae in rivers and lakes. These can seriously damage the natural ecological balance in our waters, with a particular impact on fish habitat. The problem can also affect coastal waters.

Nutrient enrichment has been identified as the greatest single threat to good water quality in Northern Ireland. In 1999 my Department's Environment and Heritage Service published, for public consultation, a document entitled 'Proposals for a Strategy to Control Nutrient Enrichment' in Northern Ireland Waters. Taking account of the responses, and in consultation with other Departments, particularly the Department of Agriculture and Rural Development, a draft Eutrophication Strategy is now being finalised by officials. I will wish to seek the views of the Assembly's Environment Committee before reaching final conclusions on the Strategy. The Strategy will outline many current nutrient control initiatives and will detail the new measures, targets and controls necessary to combat the effects of nutrient enrichment in our waterways.

Height of Buildings in Central Belfast

Dr Esmond Birnie asked the Minister of the Environment to outline his planning policy for the maximum permissible height for tall buildings in central Belfast.

(AQO 922/01)

Mr Nesbitt: My Department applies Policy CC12 of the Belfast Urban Area Plan 2001 to all major city centre developments. This states that high buildings must be sympathetic in scale to the traditional height of buildings in the city centre.

Regular discussions take place between Planning Service officials and developers to ensure that the city centre is protected from inappropriate development. This may result in amended proposals being brought forward to reduce the height of proposed buildings.
The Member may be aware that the Belfast Urban Area plan will be replaced by the Belfast Metropolitan Area Plan, which is now being prepared. An urban design study is being carried out as part of the Plan preparation process, which, amongst other things, will make recommendations in relation to policies for the control of High Buildings.

Apartment Developments

Ms Pauline Armitage asked the Minister of the Environment if he has ever considered, or is likely to consider, putting a 'ceiling' on the number of planning approvals granted for apartment developments.

(AQO 907/01)

Mr Nesbitt: All planning applications must be considered against prevailing planning policies and guidelines. These do not include a 'ceiling' on approvals for apartment developments. Current policy for housing development is set out in Planning Policy Statement 7, entitled Quality Residential Environments. This requires developers to provide high quality housing proposals which are sympathetic to the existing character of an area. Particular emphasis is placed on ensuring that proposals are sympathetic to their context, and this is an important consideration when applications for apartment developments are being assessed.My Department has also issued in draft Supplementary Planning Guidance in the form of Development Control Advice Note 8 - Small Unit Housing - and intends to publish this in final form in the near future. This provides more detailed specific guidance on proposals for small unit housing within existing urban areas.

The planning framework for considering the scale of future housing growth in NI changed with the finalising by the Department for Regional Development of the Regional Development Strategy. This sets out housing growth indicators for District Council areas for the year 2015.

Development plans prepared by my Department allocate this growth to specific locations, through the identification of development limits for settlements and the zoning of specific sites.

In addition, I understand that the Department for Regional Development is preparing a Planning Policy Statement on 'Housing in Settlements'. The preparation process includes provision for public consideration and for issues relating to apartment development to be raised.

Third Party Appeals

Mr Eddie McGrady asked the Minister of the Environment what provision will be made in forthcoming planning legislation for the introduction of Third Party Appeals; and to make a statement.

(AQO 912/01)

Mr Nesbitt: I have no plans to introduce provisions for third party rights of appeals in the forthcoming Planning (Amendment) Bill, which is scheduled for introduction to the Assembly before the summer recess.

My Department has examined the case for introducing third party appeals on a number of occasions, and has considered carefully the possible benefits and costs of such a change in planning policy.

This analysis indicated that the introduction of third party appeals would add delay and uncertainty to the planning system and would have significant resource implications. On each occasion, my Department was not persuaded that the likely benefits of third party appeals were significant enough to justify a case for a third party right of appeal system.
However, my Department has commissioned further detailed research on how third party appeals systems are operated in other jurisdictions, how widely available those systems of appeals are, and the circumstances under which such appeals are allowed. In addition, the recently published Consultation Paper entitled "Modernising Planning Processes" indicates that the Department will continue to review the need for third party appeals and seek views.

When responses have been received to the Consultation Paper and, when the new research findings are available, I will again look at the case for introducing a third party appeal system in the context of future changes to planning legislation.

Consultation Documents : Cost

Mr Séamus Close asked the Minister of the Environment to detail the cost of producing documents for consultation over the last three years, including preparation, printing, distribution and all ancillary costs.

(AQO 918/01)

Mr Nesbitt: It is important that those who will be most affected by government policies and proposals have the opportunity to comment on them, and proper and informed consultation plays a vital part in allowing Ministers to hear the voice of the citizen.

My Department takes its responsibilities for consultation very seriously and devotes significant resources to ensuring that every consultation exercise is carried out in as comprehensive a manner as possible as well as being fair and transparent. Obviously ensuring that the process is carried out efficiently is equally important and my Department strives to obtain maximum value for money in relation to every consultation exercise carried out.

The cost of producing documents for consultation in the financial year to March 2000 was £75,931; in the year to March 2001 it was £73,382 and in this year to date it has been £75,527.

These figures do not include staff costs which obviously constitute a large proportion of the total costs of producing consultation documents.

Special Areas of Conservation

Ms Patricia Lewsley asked the Minister of the Environment what steps he intends to take to designate Special Areas of Conservation (SACs) for Atlantic salmon.
(AQO 926/01)

Mr Nesbitt: No Special Areas of Conservation have yet been designated under the Habitats Directive by any Member State in the European Union. Formal designation can not take place until after a Member State's national list of candidate Special Areas of Conservation has been accepted by the European Commission. The process of accepting the UK list is not yet complete.

The current UK list of candidate Special Areas of Conservation includes 43 sites in Northern Ireland, including the site at Lough Melvin which has Atlantic Salmon listed as a qualifying feature. My predecessor, Sam Foster, acknowledged that there may be grounds for additional sites for Atlantic Salmon in Northern Ireland. Work was planned to begin in 2001 to survey the River Foyle and its principal tributaries with a view to bringing forward one or more sites for consideration as candidate Special Areas of Conservation for Atlantic Salmon.

Unfortunately the field work was delayed by the restrictions on movement associated with the outbreak of Foot and Mouth disease. However, this work has now begun and I expect it to be completed by March 2003.

Anti Litter Awareness Programme

Mr Mick Murphy asked the Minister of the Environment what plans he has to provide an anti litter awareness programme, in particular, a spring clean campaign.

(AQO 947/01)

Mr Nesbitt: Under the Litter (Northern Ireland) Order 1994, District Councils are responsible for clearing litter and cleaning all roads, except motorways.

However, I acknowledge that the presence of litter can often determine first impressions of the quality of the local environment. My Department's Environment and Heritage Service therefore helps to promote litter awareness by funding the Environmental Campaigns charity, ENCAMS, which operates here under the title of 'Tidy Northern Ireland'. Tidy Northern Ireland works with a range of organisations including local authorities, other environmental groups, schools, private and public sector businesses, as well as those working from within the community, to promote litter awareness.

Tidy Northern Ireland's 'Just Bin It' campaign has now superseded its successful 'National Spring Clean' campaign. This campaign is targeted at the youth sector and includes the development of clean-up packs to promote community involvement in the environment.

Combating litter is, of course, an aspect of sustainable waste management. My Department launched a major public awareness campaign on waste management early last month to coincide with public consultation on the draft Waste Management Plans of the three District Council Partnership Groups. I hope that this campaign will help to promote, not only the reduction and recycling of waste, but also a more responsible attitude to its management in order to prevent environmental degradation, whether from litter or other sources.

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Promotion Applications : Absentee Levels

Mr Roy Beggs asked the Minister of Finance and Personnel how are absentee levels taken into consideration when considering promotion applications within the Northern Ireland Civil Service.

(AQW 2067/01)

The Minister of Finance and Personnel (Dr Farren): Candidates with unacceptably high absence records are not allowed to apply for promotion competitions.

Ministerial Visits Outside Northern Ireland : Cost

Mr Peter Weir asked the Minister of Finance and Personnel to detail the total amount spent on Ministerial visits outside Northern Ireland in each of the last 3 years.

(AQW 2128/01)

Dr Farren: The total amount spent in Ministerial visits by the Minister of Finance and Personnel outside Northern Ireland in each of the last 3 years is set out below:

1999/2000 (from 2 Dec 1999) £1,028.00
2000/2001 (excluding suspension) £7,620.36
2001/2002 (to date) £4,918.93

These figures include travel, accommodation and subsistence for both Minister and officials.

Rates : Vacant Property, Carrickfergus

Mr Roy Beggs asked the Minister of Finance and Personnel to detail, in respect of Carrickfergus town centre (Killycrot Ward), the value of lost rates due to vacant property in the (a) commercial and retail sector; and (b) residential sector.

(AQW 2133/01)

Dr Farren: The Rate Collection Agency is responsible for the collection of rates in Northern Ireland.

Under rating legislation vacant unoccupied properties do not normally attract liability for the payment of rates. Rates on vacant unoccupied properties are classed as rates foregone.

The Agency's records at 25 February 2002 show that the potential rate revenue which could have been raised from:-

(a) vacant commercial and retail property in the Killycrot Ward for year ending 31 March 2002 would have been £173,060.15; and

(b) vacant residential property in the Killycrot Ward for year ending 31 March 2002 would have been £21,981.13.

The number of vacant properties for rating purposes fluctuates on a daily basis to reflect property going into and out of occupation. The Rate Collection Agency has a continuous programme of vacancy inspections to ensure that property that becomes occupied is identified and that a rate bill is issued.

Appointments to the Northern Ireland Civil Service

Mr David Hilditch asked the Minister of Finance and Personnel to detail his role in establishing criteria in making appointments to the Northern Ireland Civil Service.

(AQW 2170/01)

Dr Farren: As part of its responsibility for the general management and control of the civil service, my Department prescribes the general requirements for appointment to situations in the Civil Service. The Recruitment Service of the Department undertakes most Civil Service recruitment in accordance with the provisions of the Civil Service Commissioners Recruitment Code, which sets out the requirements for selection on merit in fair and open competition. Criteria for recruitment at Administrative Assistant and Administrative Officer level is agreed on a corporate basis with Departments. Staff employed on a casual or temporary basis are eligible to apply if they meet the criteria.

Non-Departmental Public Bodies

Mr Alex Maskey asked the Minister of Finance and Personnel to detail expenditure figures for those non-Departmental Public Bodies under his responsibility in each year since 1995.

(AQW 2223/01)

Dr Farren: The annual Cabinet Office Publication, "Public Bodies" provides a range of information including expenditure for Northern Ireland Non Departmental Public Bodies. Copies of these publications have been placed in the Assembly library and are also available on the Cabinet Office website (www.cabinet-office.gov.uk/quango).

NISRA's Analysis of Sickness Absence

Mr Roy Beggs asked the Minister of Finance and Personnel, pursuant to AQW 3658/01, what assessment can he make in relation to (a) the absentee levels in DSD and DEL; and (b) whether work conditions, work practices and management structures in DSD and DEL have contributed to absentee levels.

(AQW 2224/01)

Dr Farren: I would refer to my response to your question in the Assembly on 11 February 2002 when I highlighted NISRA's analysis of sickness absence in NI Departments during 2000/2001 (the report of which is available in the Assembly Library). This corporate analysis shows that high levels of absenteeism in certain departments are related to the different age, gender and grade profiles of those departments. NISRA is working directly with individual departments in helping them to identify underlying trends and causes specific to that department.

It would not be appropriate for me to comment about the internal management/ operation of other departments but I can assure that my department will continue to provide corporate assistance to departments in helping them tackle sickness absence.

Single Status of Conditions of Service

Dr Dara O'Hagan asked the Minister of Finance and Personnel what assessment he has made in relation to the policy of single status of conditions of service between industrial and non-industrial civil servants.

(AQW 2341/01)

Dr Farren: Over recent months officials from DFP and departments with industrial staff, have been engaged in discussions with the trade unions about a major programme of work that will be undertaken to harmonise terms and conditions across all industrial staff in the first instance, and then across industrial and non-industrial staff.

Work is also underway to establish a central consultation body that will provide a forum to discuss and deal with terms and conditions that are not currently delegated to departments.

Single Status of Conditions of Service

Dr Dara O'Hagan asked the Minister of Finance and Personnel to make available to the Assembly a copy of the minute of 20 August 1999 which sets out his Department's position on Single Status of Conditions of Service.

(AQW 2350/01)

Dr Farren: I refer to your AQW 2350/01 which requested access to a minute of 20 August 1999 which set out my Department's position on single status of conditions of service.

I assume that you are referring to harmonisation of the terms and conditions of industrial and non-industrial employees in the NICS. Anything written in August 1999 would represent the views of the previous administration and would, not necessarily set out my Department's position.

There has been considerable recent consideration of this issue and my Department's position, as notified to trade unions, is that harmonisation of terms and conditions will first be addressed between groups of industrial staff employed by NI Departments and subsequently between industrial and non-industrial staff. Work has commenced on this and will be taken forward in the light of cost and other considerations.

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Waiting Times : Orthopaedic Surgery

Mrs Joan Carson asked the Minister of Health, Social Services and Public Safety to detail the average waiting time for orthopaedic surgery in Northern Ireland in comparison with (a) the national average; (b) the England average; (c) the Scottish average; and (d) the Welsh average, over the past 3 years.

(AQW 2068/01)

The Minister of Health, Social Services and Public Safety (Ms de Brún): The average waiting time in days for operations in the Trauma and Orthopaedic Surgery speciality in hospitals here for the past 3 years is 88, 101, 199 respectively. Comparable figures for England and Scotland are detailed in the table below. This information is not available for Wales and it is therefore not possible to compute an average for Great Britain and here.

(1) Provisional.