Minutes of Proceedings

COMMITTEE FOR THE ENVIRONMENT 
MINUTES OF PROCEEDINGS
THURSDAY 15 APRIL 2010,
ROOM 144, PARLIAMENT BUILDINGS

Present: Mr Roy Beggs
Mr Cathal Boylan (Chairperson)
Mr Alastair Ross 
Mr Peter Weir
Mr Brian Wilson

In Attendance: Dr Alex McGarel (Assembly Clerk) 
Mr Sean McCann (Assistant Clerk)
Mr Nathan McVeigh (Clerical Supervisor)
Ms Antoinette Bowen (Clerical Officer)

Apologies: Mr Jonathan Bell
Mr John Dallat 
Mr Ian McCrea
Mr Daithi McKay
Mr Danny Kinahan
Mr Dominic Bradley

The meeting began in public session at 10.20a.m.

Apologies

Apologies are listed above.

1. Departmental briefing on draft High Hedges Bill – synopsis of responses

The Committee agreed that agenda item 4 would be considered next.

The following members declared an interest:

Mr Beggs – member of Carrickfergus Borough Council

Mr Weir – member of North Down Borough Council

Departmental representatives briefed the Committee and answered members’ questions on the draft High Hedges Bill – synopsis of responses.

The main areas of discussion were fees, an appeals mechanism, the definition of a hedge and unidentified land.

Members commissioned information on research on lower and upper fees in similar legislation in other UK jurisdictions and also for information on the appeals mechanisms in other UK jurisdictions and how this works.

2. Briefing by Environment Link (NIEL) on their Report ‘The Way Ahead 2010’

The Committee agreed that agenda item 6 would be considered next.

The following members declared an interest:

Mr Beggs – member of Carrickfergus Borough Council

Mr Weir – member of North Down Borough Council

NIEL representatives briefed the Committee and answered members’ questions on their Report ‘The Way Ahead 2010’.

3. Proposals for secondary legislation

The Committee agreed that agenda item 8 would be considered next.

Approved Motorcycle Instructors (AMIs)

Agreed: That the Committee is content for the Department to proceed with the policy.

Changes to theory test and practical driving test

Agreed: That the Committee is content for the Department to proceed with the policy.

The Water Supply (Domestic Distribution Systems) Regulations (NI) 2010

Agreed: That the Committee is content for the Department to proceed with the policy.

4. Statutory Rule

The Committee agreed that agenda item 9 would be considered next.

SR 2010/131 – The Private Water Supplies (Amendment) Regulations (NI) 2010

Question put and agreed:

‘The Committee for the Environment has considered SR 2010/131 – The Private Water Supplies (Amendment) Regulations (NI) 2010 and has no objection to this rule subject to the Examiner of Statutory Rules report.’

SR 2010 /130 – The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations (NI) 2010

Question put and agreed:

‘The Committee for the Environment has considered SR 2010 /130 – The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations (NI) 2010 and has no objection to this rule subject to the Examiner of Statutory Rules report.’

5. Wildlife and Natural Environment Bill – agreement of Committee report

The Committee agreed that agenda item 3 would be considered next.

The Chairperson informed members that they had been provided with a copy of the draft Committee report on the Bill and that he would go through each section asking members to agree it.

Members noted the following letters in relation to the Bill:

• response from DARD in relation to Committee queries on deer farming exemptions
• letter from Ulster Wildlife Trust in response to issues raised during their briefing of the Committee
• letter from Dr Donald regarding the Committee’s decision on the Irish hare
• submission from the Department of Health, Social Services and Public Safety in response to the Committee’s request for information on the impact of the new biodiversity duty on the public sector.

Agreed: That the letters are included in the final report.

Agreed: That the Committee is content with the Executive summary.

Agreed: That the Committee is content with the Recommendations.

Agreed: That the Committee is content with the Introduction.

Agreed: That the Committee is content with the Consideration of the Bill by the Committee.

Agreed: That the Committee is content with the Key issues

Agreed: That the Committee is content with the clause by clause consideration of the Bill.

Agreed: That the Committee is content with Appendix 1 - Minutes of Proceedings relating to the report.

Agreed: That the Committee is content with Appendix 2 - Minutes of Evidence relating to the report.

Agreed: That the Committee is content with Appendix 3 - Written Submissions?

Agreed: That the Committee is content with Appendix 4 - List of Witnesses?

Agreed: That the Committee is content with Appendix 5 - Other papers submitted to the Committee.

Agreed: That the Committee is content with Appendix 6 – Assembly Research papers .

Agreed: That the report is printed.

Agreed: That the minutes, and minutes of evidence, from the meeting on 15 April are incorporated into the final report.

The Chairperson informed members the report will now be ordered to be printed and submitted to the Business Office as the Committee’s official report on the Wildlife and Natural Environment Bill – the end of the Committee Stage.

6. Minutes

The Committee agreed that agenda item 1 would be considered next.

The minutes of the meeting on 25 March 2010 were agreed.

7. Briefing by the G.A.A. on their road safety campaign – ‘Live to Play’

The Committee agreed that agenda item 5 would be considered next;

Mr Boylan declared an interest as a member of Keady G.A.A club.

G.A.A. representatives briefed the Committee on their road safety campaign – ‘Live to Play’.

The main areas of discussion were involvement with the DOE, interaction with other sports organisations and interaction with the PSNI, Garda and emergency services.

Agreed: That a letter is sent to the Culture Arts and Leisure committee indicating that the Committee received a briefing from the G.A.A. in relation to their road safety campaign and that members commended the work they are doing.

Agreed: That a letter is sent to the Department suggesting that they set up regular monthly or bi-monthly meetings between the Road Safety division and sporting clubs.

8. Matters Arising

The Committee agreed that agenda item 2 would be considered next;

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on funding to non-government organisations.

Agreed: That a letter is sent to the Department asking them to provide a plan on how they are realigning the Planning Service to cover for lost receipts as part of the economic downturn.

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on the North/South Interconnector following a paper from Armagh and Dungannon Councils.

Agreed: That a letter is sent to Dungannon and Armagh councils inviting them to give a briefing at a future Committee meeting and that the alternative side of the debate is provided at the meeting by a briefing from DETI or NIE.

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on the Business Case for a Single Waste Disposal Authority.

Agreed: That a letter is sent to the Department asking for the names of the organisations that had yet to respond to them on this issue.

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on George Best Belfast City Airport.

Agreed: That a letter is sent to the DRD Committee stating that members stressed the need for a local aviation strategy and local government departments and committees should have an input despite the fact that it is a reserved matter.

The Chairperson informed members that they had been provided with a UFU response to Committee queries on road safety, a UFU response to Departmental responses to queries on road safety issues and a DRD response to the Rural Community Network’s paper on road safety in rural areas.

Agreed: That the UFU response is forwarded to DOE and DRD for comment and that the DRD response is forwarded to the Rural Community Network for information.

Members noted a Departmental reply to Committee queries on the Local Government Pension Scheme 85 year rule, in particular why the Scottish model was chosen and the cost implications if the English / Welsh model had been used instead.

The Chairperson informed members that they had been provided with preliminary research which has been ongoing to identify preliminary European environmental legislation that is in the early stages of development within the European Parliament.

Agreed: That a letter is sent to the Department asking if they could provide an indication to the Committee as to which areas of work they consider particularly important for Northern Ireland.

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on sickness absence levels.

Agreed: That a letter is sent to the Department asking why it is accepting a sickness absence where no reason has been specified for the absence and the circumstances under which is it acceptable that no reason for an absence is recorded.

The Chairperson informed members that they had been provided with a response from the Association of British Insurers to Committee queries on the advanced driving test and insurer incentives.

Agreed: That Assembly Research is asked to provide a paper on incentives that insurance companies are offering for drivers that have advanced driver test qualifications.

Members noted a response from the Health and Safety Executive NI to Committee queries on vehicle safety on farms.

Members noted a Ministerial response to a Committee letter on the use of new mobile phone technology in cars.

The Chairperson informed members that they had been provided with a reply from the Food and Drink Association (NIFDA) in relation to EU Drivers’ Hours legislation.

Agreed: That NIFDA is invited to brief the committee at a future meeting.

Members noted a Departmental update on the Statutory Rules required to implement graduated fixed penalty, financial penalty deposit and immobilisation schemes.

The Chairperson informed members that they had been provided with a Departmental reply on its performance on the commitment to pay suppliers within the 10 day prompt payment directive.

Agreed: That a letter is sent to the Department asking for more information on what percentage of invoices were paid within a few days beyond the deadline and information on the actual target in relation to payments.

9. Local Government (Disqualification) (Amendment) Bill

The Committee agreed that agenda item 7 would be considered next.

The following members declared an interest:

Mr Beggs – member of Carrickfergus Borough Council

Mr Weir – member of North Down Borough Council

The Chairperson informed members that they had been provided with a copy of an Assembly Research paper on MLAs also serving as councilors.

Agreed: That the original Committee motion to extend Committee Stage of the Bill to 28 June is re-submitted to the Business Office .

10. Consultations

The Committee agreed that agenda item 10 would be considered next.

Synopsis of Responses to Consultation on Real Weight Requirements for vehicles used for practical driving tests

Agreed: That a letter is sent to the Freight Transport Association along with the synopsis asking for more information on their point of concern in relation to flexibility.

Local Government Pension Scheme – Classroom Assistants – synopsis of responses

Agreed: That the consultation is forwarded to the Committee for Education asking for comments.

The definition of “significant personal injury” under the 5 th Motor Insurance Directive (2005/14/EC)

Agreed: That the Committee is content for the Department to proceed with the policy.

11. Correspondence

A Letter from the Department in relation to the minister’s response to the committee in relation to an inquiry into young people not in education, employment or training.

Agreed: That the letter is forwarded to the Committee for Employment and Learning.

A letter from the Department in relation to correspondence from Alan Boyle.

Agreed: That the letter is forwarded to the PAC.

A letter from IWEA requesting to brief the Committee.

Agreed: That IWEA is invited to a future meeting.

A letter from the Department in relation to the Social Development Committees town centre regeneration schemes.

Agreed: That the letter is forwarded to the Social Development Committee.

Email from Frank Harper in relation to the Draft Tourism Strategy for NI.

Agreed: That the letter is forwarded to the Department for comment.

A letter from the Department in relation to the bike to work scheme.

Agreed: That the letter is forwarded to the CAL Committee.

A letter from the Department in relation to council owned art.

Agreed: That the letter is forwarded to the CAL Committee.

Copy of Independent Review of Economic Policy.

Agreed: That a letter is sent to the Department asking for more information.

Letter from the Department in relation to a future presentation by NIEA to the Agriculture and Rural Development Committee.

Agreed: That the letter is forwarded to the Committee for Agriculture and Rural Development.

A letter from the Department in relation to ASSI designation

Agreed: That the letter is forwarded to the Committee for Agriculture and Rural Development.

A letter of gratitude from John Doran regarding the planning application to extend the runway at Belfast City Airport.

Agreed: That a letter is sent to the airport stating that the committee was not involved in this issue.

Members noted the following items of correspondence:

Letter to advise the Ministers intention to approve planning application T/2007/0251/O, retail warehouse at Randalstown Road, Antrim.

Copy of ‘Ripple News’ edition 4, winter 2009/2010.

Letter advising of the forthcoming publication of the Government response and final EQIA document.

Letter to advise the Ministers intention to approve planning application S/2009/0627/O, food superstore at lands between Magheralave Road and Lisburn North Feeder, Lisburn.

Copy of correspondence from Minister of Health, Social Services and Public Safety Mr. Michael McGimpsey MLA regarding the publication of the UK Government response to the SAGE First Interim Assessment Report.

Copy of research papers on Future Cohesion Policy and Structural Funds and Impact Assessments.

Response from the Department for Regional Development regarding the Rural Community Network road safety in rural areas and the placement of large boulders or kerbs along the frontages of properties in rural areas.

Copy of letter issued to Minister Sir Reg Empey and Minister Margaret Ritchie re ‘Sustainable Development’.

Letter re The Heritage Lottery Fund and Visit Britain report on ‘Heritage and the UK Tourism Economy’.

Email re SDC newsletter March 2010.

Copy of – ‘Programme for Prosperity’, NIIRTA’s Economic Programme for Government.

Note of Key Issues discussed and decisions taken at the Chairpersons’ Liaison Group meeting, Tuesday 23 March 2010.

Letter to advise the Ministers intention to refuse planning applications Z/2000/0520/F, Z/2003/0437/F & Z/2004/2377/F: Re-development of Royal Avenue, Lower Garfield Street, North street etc… Belfast.

Letter to advise the Ministers intention to refuse planning application T/1999/0376/O, village settlement Dundary, Templepatrick.

Key Outcomes from Regional Transition Co-ordinating Group Thursday, 25 March 2010.

Copy of Environmental Protection UK Newsletter ‘briefing’ April 2010.

12. Any other business

The Chairperson informed members that the Committee’s Bursary student has reissued his questionnaire electronically and would appreciate if members could complete and return to him as soon as possible.

The Chairperson informed members that Committee staff are currently working on an itinerary for the Balmoral Show on 12 May which will be provided in meeting papers for 22 April.

The Chairperson asked members to confirm attendance at the meeting on 29 April as the Minister would be in attendance.

Agreed: That Committee staff contact members to confirm attendance.

13. Date, time and place of next meeting

The next meeting will be held on Thursday 22 April 2010 at 10.00a.m in Room 144, Parliament Buildings.

The Chairperson informed members that the meeting would go into closed session.

The meeting went into closed session at 1.06p.m.

The meeting then went into closed session to discuss councils’ funding to the Lough Neagh/Lower Bann Advisory Committees.

Agreed: That a letter is sent to the Department asking for a list of the councils that will not be funding the Advisory Committees and asking what plans the Department has to fill the void left by lack of funding.

The Chairperson adjourned the meeting at 1.10p.m.

Cathal Boylan 
Chairperson, Committee for the Environment 
22 April 2010