Minutes of Proceedings

The meeting opened at 10.35am in Public Session .

1. Apologies

As above

2. Minutes of the last meeting

The Committee agreed the Minutes of the meeting of 20 January 2009.

3. Matters arising

• Correspondence Issued

The Committee noted the correspondence issued since the meeting of 20 January 2009.

The Committee noted correspondence to the Chairpersons of the Joint Committee’s and Local Action Groups advising them of the outcomes of the meeting with Dr McCrea on 19 December 2008.

The Committee noted correspondence to the department detailing the Committee’s response to the clauses in the draft Diseases of Animals Bill.

• Correspondence received

The Committee noted the correspondence received since the meeting of 20 January 2008.

The Committee noted correspondence from the Minister in respect of the roll out of DARD Direct Offices.

The Committee noted The Eighth Report from the Examiner of Statutory Rules.

• Tabled correspondence

The Committee noted the department’s response to Committee amendments of the Diseases of Animals Bill, arising from the meeting of 20 January 2009.

William Irwin joined the meeting at 10.36am.
Willie Clarke joined the meeting at 10.40am.

4. Committee Bill – The Diseases of Animals Bill – ‘Clause by Clause’ Consideration

Clause 1 - Extension to power to slaughter

Members were briefed by department officials on the particulars of Clause 1 - Extension to power to slaughter . Following discussions, the Committee agreed that Clause 1 will go forward unamended at this stage. The Committee will also launch an inquiry into the prevalence of TB in Badgers and Cattle in Northern Ireland.

Clause 4 - Powers of Entry

Members were briefed by department officials on the particulars of Clause 4 – Powers of Entry. Following discussions the department agreed to amend this clause to include a statutory obligation to the department’s Code of Practice within the Bill which would require the department to consult with the Committee and other stakeholder groups. The department also agreed that the Search Liaison Officer must be totally independent of DARD and the occupier would have the right to have a third party attend. The Committee agreed to these amendments.

Clause 6 - Fixed Penalties for certain offences

Members were briefed by department officials on the particulars of Clause 6 – Fixed Penalties for certain offences. Following discussions with officials the department would not accept the Committees request for an appeals system and the department has withdrawn the clause.

Clause 8 - Bio-Security Guidance

Members were briefed by department officials on the particulars of Clause 8- Bio-Security Guidance. Following discussions with officials, the department agreed to remove the link to withholding compensation in respect of an animal slaughtered under the 1981 Order where, in the judgment of DARD, the owner or person in charge of the animal failed to act in accordance with published bio-security guidance. The Committee agreed to this amendment.

Clause 11- Deliberate Infection

Members were briefed by department officials on the particulars of Clause 11- Deliberate Infection, it was agreed that the Committee would await correspondence in relation to the clause from Paul Goggins, Minister of State, Northern Ireland Office.

The officials left the meeting at 10.51am.

5. SL1 – The Potatoes Originating in Egypt (Amendment) Regulations ( Northern Ireland) 2009

The Committee agreed that the above mentioned rule should progress to the next legislative stage.

6. Statutory Rules

• The European Fisheries Fund (Grants) (Amendment) Regulations 2008

Question put and agreed:

“The Committee for Agriculture and Rural Development has considered the European Fisheries Fund (Grants) (Amendment) Regulations 2008 and has no objection to the rule”.

• The Plant Health (Amendment No. 3) Order ( Northern Ireland) 2008

Question put and agreed:

“The Committee for Agriculture and Rural Development has considered the Plant Health (Amendment No. 3) Order ( Northern Ireland) 2008 and has no objection to the rule.”

• The Plant Protection Products (Amendment No. 2) Regulations ( Northern Ireland) 2008

Question put and agreed:

“The Committee for Agriculture and Rural Development has considered the Plant Health (Amendment No. 2) Order ( Northern Ireland) 2008 and has no objection to the rule.”

• The Sea Fishing (Enforcement of Community Measures) Order ( Northern Ireland) 2008

Question put and agreed:

“The Committee for Agriculture and Rural Development has considered the Sea Fishing (Enforcement of Community Measures) Order ( Northern Ireland) 2008 and has no objection to the rule.”

• The Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) Regulations ( Northern Ireland) 2008

Question put and agreed:

“The Committee for Agriculture and Rural Development has considered the Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) Regulations ( Northern Ireland) 2008 and has no objection to the rule.”

• The Seed Potatoes (Levy) (Revocation) Order ( Northern Ireland) 2008

Question put and agreed:

“The Committee for Agriculture and Rural Development has considered the Seed Potatoes (Levy) (Revocation) Order ( Northern Ireland) 2008 and has no objection to the rule”.

• The Transmissible Spongiform Encephalopathies Regulations ( Northern Ireland) 2008

Question put and agreed:

“The Committee for Agriculture and Rural Development has considered the Transmissible Spongiform Encephalopathies Regulations ( Northern Ireland) 2008 and has no objection to the rule”.

7. Future Presentations

The Committee Clerk briefed Members on the future business of the Committee. It was agreed to proceed as proposed.

8. AOB

The Committee agreed that the department should provide an update in the DARD/DOE Better Regulation Review.

The Clerk briefed Members on a number of forthcoming visits.

9. Date of the next meeting

The Committee will resume their clause by clause scrutiny of the Diseases of Animals Bill on Tuesday 3 February 2009 at 10.30am in Room 152, Parliament Buildings.

The meeting was adjourned at 11.00am.