(AQW 389/02)

Mr Nesbitt: My Department has taken up the question of requiring vehicles to show evidence of being insured, by means of a windscreen insurance disc, with the Association of British Insurers (ABI).

The ABI announced in May 2001 its intention to establish a central insurance database which would give on-line access to the police for enforcement purposes. The ABI believes that this offers the prospect of a more effective enforcement system than the display of insurance discs.

It has also to be borne in mind that a windscreen insurance disc would merely provide evidence that someone had insurance cover for the use of the vehicle at the time the disc was issued. However, UK law requires the driver to be insured, rather than the vehicle. A disc would not necessarily guarantee that the driver was insured to drive that particular vehicle or was complying with policy conditions. My officials will continue to keep all options under review, in consultation with the Department for Transport in Whitehall.

(AQW 394/02)

Mr Nesbitt: The level of fines and penalties is a reserved matter under the Northern Ireland Act 1998. In addition, the setting of fine levels for individual offences is a matter for the courts. However, I believe that strong enforcement, including the setting of appropriate fine levels has a vital part to play in getting across the message that breaches of environmental law are matters which are to be taken very seriously.

In the past, my officials have worked closely with the Northern Ireland Courts Service and the Resident Magistrates’ Association to draw attention to the seriousness of pollution incidents and to ensure that this is a factor which is taken fully into account in setting fine levels. I shall wish to see this continue.

I am also keen, where possible, to ensure that penalties in new legislation are set at a level which will act as a strong deterrent to potential offenders. To that end, I have approached the Secretary of State for consent to raise from £20,000 to £30,000 the maximum fine payable on summary conviction of offences under the Pollution Prevention and Control Bill.

(AQW 404/02)

Mr Nesbitt: My Department is currently preparing the Belfast Metropolitan Area Plan (BMAP). Consultants have been engaged to advise the BMAP Team on Townscape Issues and review the boundaries of the existing Conservation Areas and consider if adjustments are required. The study will also make recommendations as to whether new Conservation Areas and Areas of Townscape Character should be designated.

The boundaries of the Somerton/Chichester Park Conservation Area are already being considered as part of the plan preparation process and the Draft Plan when published will provide a means by which public opinion can be expressed on any proposed designation should any alteration be proposed. I have noted your support for extension of the Conservation Area and this will be taken into account at the appropriate time.

Following consideration of any representations submitted in response to any proposals contained in the Draft Plan, my Department will consult the Historic Buildings Council, who advise them on such proposals, and will decide on the most appropriate way to proceed.

(AQW 406/02)

Mr Nesbitt: In order to achieve the targets commissioned to the UK, a Climate Change Programme was published in November 2000.

A Northern Ireland chapter is included in the Programme. This chapter confirms Northern Ireland’s commitment to supporting the UK Climate Change Programme and outlines the measures that Northern Ireland has taken, and will continue to take, to ensure that we make as significant as possible a contribution to cutting greenhouse gas emissions.

Key measures include:

Some of these are fiscal measures applied by HM Treasury to the UK as a whole. There have also been a number of UK-wide initiatives to reduce greenhouse gas emissions and work is ongoing in the corresponding NI departments in areas such as energy efficiency, alternative energy etc.

Northern Ireland only produces about 3% of the UK’s greenhouse gas emissions. Against such a low base, substantial savings have in the past been difficult to achieve particularly in view of Northern Ireland’s unique energy profile with its traditional reliance on fossil fuels. However, the Executive’s decision last September to provide financial support for the Bord Gais Eireann/ Questar proposal to develop Northern Ireland’s gas infrastructure will also mean further savings in greenhouse gas emissions.

Work is planned by this Department to provide the basis for future-quantification of NI’s greenhouse gas emissions and the effectiveness of the steps being taken to reduce them.

I am, of course, conscious that these issues cover a wide range of inter-departmental interests and am considering establishing an inter-departmental working group to ensure a co-ordinated approach and to facilitate the monitoring of agreed policies.

(AQW 423/02)

Mr Nesbitt: District Councils are responsible under the Litter (NI) Order 1994, for clearing litter in Northern Ireland towns and countryside. My Department has no powers directly to implement a clean-up campaign for the countryside. However my Department is contributing to the clean-up of our towns and countryside in various ways. For example, my Department’s Environment and Heritage Service continues to fund Environmental Campaigns, (EnCams) a voluntary environmental body, which operates under the "Tidy Northern Ireland" logo. Its aim is to achieve a litter-free environment by working with community groups, schools, District Councils, businesses and other partners. EnCams has worked successfully with Councils in co-ordinating litter campaigns, including last years ‘Spring clean-up’ Campaign and the ‘Just Bin It’ Campaign. I have also recently supported a scheme whereby all the offices of my Department may sign up to a ‘Lets Tidy Belfast’ Charter by displaying pledge booklets and encouraging staff to sign up, or to pledge online.

My Department has also produced operational guidance on dealing with the problem of fly-tipping.

Proper waste management will also help us to address the litter problem. My Department is addressing this through the Waste Management Strategy and by assisting District Councils in the development of robust Waste Management Plans, the overall aim of which is to reduce the amount of waste produced and to manage more effectively that which is produced.

(AQW 428/02)

Mr Nesbitt: As the Member will be aware, on 7 October 2002 I made a statement to the Assembly on water quality and planning, to explain why it was necessary to hold some planning applications and to explain the agreed way forward. Copies of my statement have been distributed to all Assembly Members and have been placed in the Assembly library.

(AQW 435/02)

(a) There is no doubt that the burning of discarded tyres has the potential to impact adversely upon public and environmental health. Recent research conducted by the National Environmental Technology Centre in Didcot, England, has revealed that certain components produced during the uncontrolled combustion of waste tyres may have a carcinogenic characteristic.

In particular, Polyaromatic Hydrocarbons (PAHs), benzene and isocyanates are linked to cancer and are identified as by-products from open-air tyre burning.

(b) Waste tyres are extremely combustible and can cause atmospheric pollution through the release of thick clouds of sulphurous black smoke. The main constituents of this smoke are carbon, PAHs, benzene and metals. The relative concentrations of these can vary and are very site specific. In addition, I am aware that rainwater can carry potentially toxic material, produced in the burning process, into groundwater and nearby watercourses; this may have the potential to damage associated ecosytems.

(c) There is currently no legislation that specifically prevents the burning of tyres. However, District Councils have powers (under the Clean Air (NI) Order 1981) to take action against smoke emissions that are likely to be prejudicial to health or a smoke nuisance. Councils also have powers to control the illegal deposition of waste, including tyres, on land through the Pollution Control and Local Government (NI) Order 1978. In addition, the Duty of Care Regulations came into force on 1 October 2002. In enforcing these Regulations, my Department’s Environment and Heritage Service will monitor the completion of Waste Transfer Notes to try to ensure that tyres are disposed of properly.

(AQW 447/02)

Mr Nesbitt: There are no current plans to introduce legislative measures to ensure that Northern Ireland Electricity put cables underground in ‘designated areas of special control’.

In designated areas of high landscape or townscape value, for example Areas of Outstanding Natural Beauty or Conservation Areas, the Department may seek the undergrounding of proposed overhead cables where considered appropriate, the main emphasis being on integration into the existing landscape/townscape

Planning Policy "Public Service & Utilities 11" of ‘The Planning Strategy for Rural Northern Ireland’ currently provides policy guidance for the control of overhead cables. The siting of electricity power lines and other overhead cables will be controlled in terms of the visual impact on the environment, with particular attention being given to designated areas of landscape or townscape value.

Such overhead lines should be planned to:

(a) avoid areas of landscape sensitivity;

(b) avoid sites and areas of nature conservation or archaeological interest;

(c) minimise their visual intrusion;

(d) make sure that they follow the natural features of the environment; and

(e) ensure that wirescape in urban areas is kept to a minimum with preference being given to undergrounding services when appropriate.

In assessing specific proposals, advice is sought as required from specialist consultees, such as the Department’s Environment and Heritage Service.

(AQW 448/02)

Mr Nesbitt: I have invited a joint delegation from Omagh and Strabane District Councils to meet me to discuss this matter. No formal decision will be made until after that meeting.

Your objection to the proposed transfer has been noted and I will write to you again after the meeting takes place on 23 October 2002.

(AQW 465/02)

(a) Two permits to net hares have been issued by my Department’s Environment and Heritage Service, one to the Ballymena Coursing Club and one to Dungannon and District Coursing Club.

(b) The conditions applying to the two permits are listed at Annex 1.

(c) Each permit allows the taking of up to 70 hares.

(d) No hares have been returned to the wild as the meetings have not yet been held.

(e) I am satisfied that the issue of the permits complied with the Game Preservation (Amendment) Act in that they require any hares caught to be returned to their place of capture after the coursing meetings and the population of hares in Northern Ireland, or any part thereof, would not be endangered.

(AQW 475/02)

Mr Nesbitt: Responsibility for the monitoring of emissions from telecommunications masts and other apparatus does not rest with my Department. The regulation of the telecommunications industry in the United Kingdom is a matter for the Department of Trade and Industry (DTI). Operators of public telecommunications systems require a licence issued by the Secretary of State for Trade and Industry under the Telecommunications Act 1984.

Arising from a recommendation contained in the Stewart Report (May 2000), the Radiocommunications Agency (RA), an Agency of the DTI, undertook a random survey of mobile phone base stations throughout the UK during 2001. The aim of this audit programme was to ensure that emissions from mobile phone base stations were below the International Commission on Non-Ionising Radiation Protection (ICNIRP) public exposure guidelines. The initial focus of this audit was schools with base stations on their premises. Over 100 surveys have now been completed, including 6 school sites in Northern Ireland, with all measurements so far showing emissions typically to be many thousands of times below the ICNIRP guidelines. Full results are published on the RA website at www.radio.gov.uk

The RA audit programme is to be continued during 2002 and will now focus on measuring emission levels at schools and hospitals located near to a mast.

While the monitoring of emissions from telecommunications masts and other base stations is a matter for the DTI, I would advise that PPS 10 ‘Telecommunications’, requires operators to provide a statement, to accompany all planning applications for masts and other base stations declaring that when operational this will meet the ICNIRP public exposure guidelines.

(AQW 495/02)

Mr Nesbitt: I have no plans to include specific measures relating to coastal erosion within the legislation relating to Areas of Special Scientific Interest.

The Areas of Special Scientific Interest (ASSIs) Bill will apply to all ASSIs irrespective of location. It aims to provide for the better protection of ASSIs by a number of measures aimed at improving the declaration process for these valuable sites, safeguarding them from damage and ensuring their better management. This is important in coastal ASSIs where there can be instances when erosion threatens the special features of a site.

The Bill retains the existing legislative provisions that allow the Department to consider, where necessary, agreements with landowners in coastal ASSIs in order to secure the most effective management of the site, in the same way as it would for any ASSI.

(AQO 231/02)

Mr Nesbitt: I have considered the issues involved in this case and declared the application to be a major one under Article 31 of the Planning (Northern Ireland) Order 1991. Consideration of the application is still at an early stage of the planning process.

The Department will be in a position to make an assessment of the proposal and to decide whether to proceed by public inquiry or by way of a Notice of Opinion (NOP) when the consultation associated with the planning and environmental impact assessment processes are complete and all the necessary information has been analysed and is available.

In taking the decision to apply Article 31, I have taken particular account of the nature and significant level of local concern expressed directly by the public in letters of objection and through locally elected representatives.

These concerns will be considered during the further processing of the application.

(AQO 255/02)

Mr Nesbitt: Sellafield is on the agenda for the meeting of the British-Irish Council (Environment Sector) to be held in Belfast on 23 October. The meeting will be informed by a discussion paper prepared by the Irish and Isle of Man Governments. This deals with a number of issues arising from the operation of the Sellafield site, including the transportation of nuclear material by sea. Subject to nomination by the First Minister and Deputy First Minister, I will take the opportunity to reflect the concerns of the Northern Ireland public on this and other Sellafield matters.

It is also worth noting that, following representations made by my predecessor, assurances were received from Whitehall Ministers that transportation of nuclear material by BNFL complies with all UK and international regulatory requirements, which are designed to minimise risks to environmental safety. Specifically, assurances were received that the safety arrangements for the transportation of nuclear material to and from Sellafield are adequate to protect public safety against any consequences of a terrorist attack or sabotage.

While I still have concerns, these are important assurances from the responsible Ministers, from which the Northern Ireland public can take some comfort.

(AQO 272/02)

Mr Nesbitt: My Department’s Agency, Driver and Vehicle Licensing Northern Ireland, is currently operating a pilot service that enables some customers to renew their tax discs over the telephone, paying by debit card. It is hoped that about 8,000 customers will use the service this year. At present, the service is limited to customers whose vehicles do not require MOT certificates and are insured with the Cornhill Group, which has given the Agency electronic access to its database. DVLNI is working to establish electronic links with a central database of all vehicle insurance, being developed by the Motor Insurance Information Centre, and with a database of vehicle test results being developed by my Department’s Driver and Vehicle Testing Agency.

Once these links have been established next year the telephone service will be extended to cover all straightforward renewals of tax discs. When the telephone service is fully available, the Agency plans to develop the system further to provide the service on-line through the internet.

DVTA is in the process of introducing a new computer system for booking MOT tests. The system is currently operating on a pilot basis in the Agency’s Craigavon test centre and subject to evaluation will be extended to other centres over the next few months. The introduction of the new computer system has presented a number of challenges but none of these has been uncharacteristic of a major system development.

The new booking system will provide the infrastructure necessary to support the introduction of a telephone booking service. The Agency plans to introduce this service before the end of the year. An internet booking facility is planned within two years.

(AQO 260/02)

Mr Nesbitt: The planning process allows for full public consultation on development proposals. In the case of this Crown Development application by the Department for Regional Development for a Waste Water Treatment Works, the applicant held a pre-application public exhibition of the proposals during March 2002 in Donaghadee and provided further information on the "Clean Seas" website in May 2002. Following receipt of the planning application, the proposal was advertised by my Department in the local press on 20th June 2002 and neighbours were notified during July and August 2002.

The application was accompanied by an Environmental Statement which was was re-advertised during the week ending 4th/5th July 2002 and deposited at Donaghadee and Bangor libraries, at DRD Water Service Offices, Conlig, at Planning Service HQ Special Studies Unit, Bedford House, Belfast and it can also be purchased from DRD Water Service Offices at College Street, Belfast. A total of 824 objections have been received to date. The Department will take into account all objections in the process of considering this application.

(AQO 248/02)

Mr Nesbitt: My Department has now finalised, in conjunction with the Department for Regional Development and the Police Service of Northern Ireland, a new Northern Ireland Road Safety Strategy to 2012. Subject to the agreement of the Executive Committee, I intend to publish the new Strategy early next month. The Strategy represents an integrated approach to the planning, co-ordination and delivery of the Government’s road safety activities over the next decade.

The strategy will set out the actions to be taken by the road safety agencies and will include challenging targets for reducing deaths and serious injuries on Northern Ireland’s roads. These targets will be achieved by a combination of existing, enhanced and new measures.

The new measures include actions to increase seatbelt wearing rates; to use income from fixed penalties to fund the increased deployment of safety cameras to combat excess speed and red light running; and to increase traffic calming measures.

I also propose to launch a new pedestrian road safety education campaign in November and, later in the year, to introduce a children’s traffic club for pre school children, free of charge.

As we all know, the key to reducing deaths and serious injuries on our roads lies in improved road user attitudes and behaviour. I would like to take this opportunity once again to ask all road users, but especially drivers, to act with greater care and responsibility.

(AQO 243/02)

Mr Nesbitt: As the Member will be aware, I have already attended a public meeting at which he was present, where I heard at first hand the concerns of local residents about T Mobile’s intention to erect a mast at the rear of 20 Main Street, Rathfriland.

The development relates to the installation of 4 pole mounted radio antennae at roof level on an outbuilding at this location. In addition, 2 radio equipment housing units and an access ladder are installed at ground level.

This application was submitted to the Department on 20 June 2002, and was considered under the now defunct prior approval arrangements. Prior approval was granted on 16 July 2002 within the 28 days required by the legislation in force at the time.

I am satisfied that the decision to grant prior approval was taken lawfully and I have no grounds to challenge the approval. However, because of the views expressed I have written to Crown Castle UK, agents for the operator, to urge them to continue to discuss the issues of concern with local residents.

(AQO 233/02)

Mr Nesbitt: Unlike the rest of the United Kingdom I can confirm that I have implemented the Precautionary Approach to mobile telecommunications masts in line with the recommendations of the Stewart Report.

The principal element of the precautionary approach recommended in the Stewart Report was the adoption of the much stricter International Commission on Non-Ionising Radiation (ICNIRP) public exposure guidelines in lieu of the guidelines of the National Radiological Protection Board (NRPB). In relation to planning controls Stewart recommended the abolition of the Prior Approval system and its replacement with a requirement for full planning permission. As you know, legislation giving effect to that recommendation was laid before the Assembly, and came into operation on 21 June 2002.

The Report does not recommend precautionary actions beyond those already implemented. It does not insist on minimum distances between new telecommunications development and existing development. Indeed, in a published clarification of issues discussed in the Report published on 13 June 2000, the Stewart Group recorded that it did not wish to recommend that there should be a particular minimum distance between a mobile phone base station and a school as there were no scientific grounds to support this approach. Nor have DHSSPS who advise me on the health implications of telecommunications development, advised such an approach.

(AQO 240/02)

Mr Nesbitt: I have not had any discussions with the Minister for Regional Development regarding the formula used to assess the need for pedestrian crossings.

Responsibility for establishing crossings for pedestrians on public roads is vested in the Department for Regional Development under Article 59 of the Road Traffic Regulation (NI) Order 1996. The formula used to determine whether a crossing should be established on a particular road is an operational matter for that Department.

My responsibility, as Minister of the Environment, for co-ordinating the road safety strategy for Northern Ireland does not extend to the operational responsibilities of the departments and agencies involved in road safety.

(AQO 235/02)

Mr Nesbitt: My Department has examined contracts that it has awarded in the 2002/2003 financial year which had a value of at least £1 million for capital contracts and £0.25 million for service contracts; these being the thresholds set by DFP Central Procurement Directorate for inclusion in the Pilot Study Programme to assist the unemployed back into work. Using these criteria, I can confirm that during the financial year 2002/2003 to date the Department’s Environment & Heritage Service awarded one service contract for 3 years at a cost of £0.45 million. This relates to receptionist services. This contract was not assessed for inclusion in the pilot project because procurement action had already been completed when the pilot project exercise was circulated.

Driver & Vehicle Licensing Northern Ireland advised that during this period it awarded one capital IT contract of £1.54 million and a service contract for vehicle relicensing services of £0.27 million. Neither was assessed for inclusion in the pilot project. The IT contact was a change control or sub-contract of an existing IT contract awarded in 1999. The service contract was negotiated on a single tender basis in line with government policy to maintain post office services.

I would add that as already outlined in my answer to AQO 59/02, one contract within the Environment and Heritage Agency has been identified as meeting the criteria set for the pilot study by the Procurement Board. I expect the start date to be in November this year and the relevant details have been passed to the Procurement Project Board. I will ensure that my Department continues to attempt to identify further contracts which may meet the criteria set for the pilot study.

(AQW 431/02)

The Minister of Finance and Personnel (Dr Farren): The information you requested is as follows:

(a) There are 38 buildings leased by the Department of Finance and Personnel which currently contain asbestos as a component of their construction;

(b) Approximately 3,250 NICS staff are employed in these buildings; and

(c) The Department does not have a general plan to remove asbestos from its buildings.

(AQW 4/02)

The Minister of Health, Social Services and Public Safety (Ms de Brún): From December 1999 to March 2002, my Department has on 7 occasions initiated legal proceedings against third parties at a cost of £53,420.55 and has defended a further 25 cases at a cost of £194,356.92, giving a total expenditure of £247,777.47 (£58,381.10 in 1999/00; £52,933.87 in 2000/01 and £136,462.50 in 2001/02). The breakdown of these costs per case is as follows. Four personnel related cases were settled out of Court and hence the relevant identification has been removed.

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