Minutes of Proceedings
Session: 2009/2010
Date: 18 March 2010
COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
THURSDAY 18 MARCH 2010,
ROOM 144, PARLIAMENT BUILDINGS
Present: Mr Jonathan Bell
Mr Roy Beggs
Mr Cathal Boylan (Deputy Chairperson)
Mr John Dallat
Mr David Ford
Mrs Dolores Kelly (Chairperson)
Mr Danny Kinahan
Mr Ian McCrea
Mr Daithi McKay
Mr Alastair Ross
Mr Peter Weir
In Attendance: Dr Alex McGarel (Assembly Clerk)
Mr Sean McCann (Assistant Clerk)
Mr Nathan McVeigh (Clerical Supervisor)
Ms Antoinette Bowen (Clerical Officer)
Apologies:
The meeting began in public session at 10.04a.m.
1. Apologies
There were no apologies.
2. Minutes
The minutes of the meeting on 11 March 2010 were agreed.
The minutes of the meeting on 15 March 2010 were agreed.
3. Chairperson’s business
The Chairperson informed members that they had been provided with a note of a meeting with Critical Friends Group regarding a Ten Point Plan for sustainable development, a Critical Friends note to the OFMDFM Committee and an OFMDFM reply to Committee queries on Sustainable Development Implementation Plan.
Mr Boylan joined the meeting at 10.08a.m.
Agreed: That a letter is sent to the Chairperson of the OFMdFM Committee from the Environment Committee Chair and ODFdFM Committee Chair asking that they include sustainable development in the Working Group looking at improving government processes.
The Chairperson informed members that they had been provided with a note of a meeting with the Minister on RPA progress on 9 March.
The following members declared an interest:
Mrs Kelly – member of Craigavon Borough Council and member of voluntary Craigavon Transition Committee
Mr Ford – member of Antrim Borough Council
Mr Kinahan – member of Antrim Borough Council
Mr Beggs – member of Carrickfergus Borough Council and member of Strategic Leadership Board
Mr Weir – member of North Down Borough Council, Vice President of NILGA and members Policy Panel A
Agreed: That a letter is sent to OFMdFM highlighting the concerns of the committee around the lack of progress of the RPA process and asking for an update on the current progress of RPA.
4. Matters Arising
The Chairperson informed members that they had been provided with an Assembly Research paper – Speeding on rural roads – proposals for a 45mph speed limit.
Agreed: That the Royal Society for the Prevention of Accidents (ROSPA) is invited to attend a future Committee meeting to brief members on the Road Safety Strategy Consultation.
Agreed: That a copy of the Research paper is published on the website.
Mr Bell joined the meeting at 10.18a.m.
The Chairperson informed members that they had been provided with a Draft Committee response to the Roads (Miscellaneous Provisions) Bill and NILGA response to the Roads (Miscellaneous Provisions) Bill.
Agreed: That the response is issued.
The Chairperson informed members that they had been provided with a DRD response to Committee queries on road safety in rural areas.
Agreed: That a letter is sent to DRD asking for clarification regarding the use of boulders along sight lines and how often the enforcement powers referred to in the reply have been used. The letter is also to ask about the use of the Land Registry database and whether the information contained in it is up to date.
Agreed: That the response is forwarded to the Ulster Farmers’ Union
The Chairperson informed members that they had been provided with a reply from the Northern Ireland Food and Drink Association (NIFDA) on Drivers’ Hours legislation.
Mr McCrea joined the meeting at10.28a.m.
Agreed: That a letter is sent to the Chairperson of NIFDA asking for a response on this issue.
Agreed: That a letter is sent to the 3 Northern Ireland MEPs informing them of this issue and asking if they have any comments at this stage.
Agreed: That a letter is sent to Linwoods and Irwins informing them that NIFDA are still to respond to the committee and asking if they have any further comments to make.
The Chairperson informed members that they had been provided with a copy of an e mail from the PSNI in reply to the Committee’s query on road safety initiatives introduced since the PSNI briefed the Committee on 14 January 2010.
Agreed: That a letter is sent to the PSNI inviting them to brief the Committee during the Road Safety Strategy Consultation to give their views on the Strategy and their latest project on modified cars.
Agreed: That the PSNI are asked to bring their modified car to the Committee’s stand at the Balmoral Show on 12 May.
Agreed: That a letter is sent to DARD and the Health and Safety Executive informing them of the Committee’s intention to participate in the Balmoral show and inviting them to make comments on vehicle safety on farms.
The Chairperson informed members that the focus of the Committee event at Balmoral Show will be road safety and that a draft itinerary will be presented to members after Easter recess.
5. Wildlife and Natural Environment Bill – Initial clause by clause consideration
Departmental officials explained the purpose of Clauses 27 – 30 and answered members’ queries in relation to these.
Mr McKay joined the meeting at 10.40a.m.
Agreed: That comments in relation to the Badger Vaccination Programme are forwarded to DARD for their views.
6. Wildlife and Natural Environment Bill – Formal clause by clause consideration
The Chairperson informed members that they now needed to formally consider the clauses of the Bill.
Clause 1 – Duty to conserve biodiversity
The Committee decided to refer the clause for further consideration.
Clause 2 – The biodiversity strategy
The Committee decided to refer the clause for further consideration.
Clause 3 – Biodiversity lists
The Committee agreed the clause as drafted, put and agreed to.
Clause 4 – Protection of nests of certain birds
The Committee decided to refer the clause for further consideration.
Clause 5 – Offences - recklessness
The Committee agreed the clause as drafted, put and agreed to.
Clause 6 – Offences – causing or permitting unlawful acts
The Committee agreed the clause as drafted, put and agreed to.
Clause 7 – Defences in relation to offences under Article 4
The Committee agreed the clause as drafted, put and agreed to.
Clause 8 – Disqualification for registration
The Committee agreed the clause as drafted, put and agreed to.
Clause 9 – Protection of basking sharks from disturbance
The Committee decided to refer the clause for further consideration.
Clause 10 – Snares
The Committee decided to refer the clause for further consideration.
Clause 11 – Protection of wild plants
The Committee agreed the clause as drafted, put and agreed to.
Clause 12 – Introduction of new species
The Committee agreed the clause as drafted, put and agreed to.
Clause 13 – Prohibition on sale, etc. of invasive, non-native species
The Committee agreed the clause as drafted, put and agreed to.
Clause 14 – Licenses under Article 18
The Committee agreed the clause as drafted, put and agreed to.
Clause 15 – Discharging firearms, etc. from vehicle
The Committee decided to refer the clause for further consideration.
Agreed: That the views of the PSNI are sought in relation to this Clause.
Clause 16 – Licenses relating to deer
The Committee agreed the clause as drafted, put and agreed to.
Clause 17 – Offences: possession of articles for purposes of committing offences
The Committee agreed the clause as drafted, put and agreed to.
Clause 18 – Enforcement
The Committee agreed the clause as drafted, put and agreed to.
Clause 19 – Powers of constable in connection with samples
The Committee agreed the clause as drafted, put and agreed to.
Clause 20 – Enforcement: wildlife inspectors
The Committee agreed the clause as drafted, put and agreed to.
Clause 21 – Time limit for prosecution of summary offences
The Committee agreed the clause as drafted, put and agreed to.
Clause 22 – Penalties
The Committee agreed the clause as drafted, put and agreed to.
Clause 23 – Application to the Crown
The Committee agreed the clause as drafted, put and agreed to.
Clause 24 – Review of Schedules to the Wildlife Order
The Committee agreed the clause as drafted, put and agreed to.
Clause 25 – Amendments to Schedules 1 to 9 to the Wildlife Order
The Committee decided to refer the clause for further consideration.
Clause 26 – Reduction in close seasons for female deer
The Committee decided to refer the clause for further consideration.
Clause 27 – Offences in connection with ASSI
The Committee agreed the clause as drafted, put and agreed to.
Clause 28 – Notification of change of owner or occupier
The Committee decided to refer the clause for further consideration.
Clause 29 –Notices and signs relating to ASSIs
The Committee agreed the clause as drafted, put and agreed to.
Clause 30- Effects of failure to serve certain notices in connection with ASSI
The Committee agreed the clause as drafted, put and agreed to.
Clause 31 – Abolition of game licenses and game dealers’ licenses
The Committee agreed the clause as drafted, put and agreed to.
Mr Weir rejoined the meeting at 11.30a.m.
Clause 32 – Sale of Game
The Committee agreed the clause as drafted, put and agreed to.
Clause 33 – Minor and consequential amendments and repeals
The Committee agreed the clause as drafted, put and agreed to.
Clause 34 – Commencement
The Committee agreed the clause as drafted, put and agreed to.
Clause 35 – Interpretation
The Committee agreed the clause as drafted, put and agreed to.
Clause 36 – Short title
The Committee agreed the clause as drafted, put and agreed to.
The Chairperson adjourned the meeting at 11.32a.m.
The meeting resumed at 12.38p.m. with the following members present:
Mrs Kelly, Mr Kinahan, Mr Boylan, Mr McKay, Mr Ford, Mr Ross, Mr Weir, Mr McCrea, Mr Dallat
Schedule 1
Mr Beggs rejoined the meeting at 11.45a.m.
The Committee decided to refer the clause for further consideration.
Schedule 2
The Committee decided to refer the clause for further consideration.
Schedule 3
The Committee agreed the clause as drafted, put and agreed to.
Long Title
The Committee agreed the Long Title as drafted, put and agreed to.
Agreed: That the Department provides the Committee with a population graph of the Irish Hare and information to date on the 2010 Irish Hare survey.
Mr Ross left the meeting at 11.53a.m.
7. Local Government (Disqualification) (Amendment) Bill
The Chairperson informed members that they had been provided with a copy of the Bill, a timeline for Committee Stage and a stakeholder.
The following members declared an interest:
Mrs Kelly – member of Craigavon Borough Council and voluntary member of Craigavon Transition Committee
Mr Ford – member of Antrim Borough Council
Mr Kinahan – member of Antrim Borough Council
Mr Beggs – member of Carrickfergus Borough Council and member of Strategic Leadership Board
Mr Weir – member of North Down Borough Council and NILGA Vice President
Mr McKay – member of Ballymoney Borough Council
Agreed: That the National Association of Councils and all political parties are added to the stakeholder list and that the letters of invitation to the stakeholders to provide a written submission are now issued.
Agreed: That Assembly Research is asked to compile a table of the number of MLAs that are also councillors.
Mr Ross rejoined the meeting at 11.55a.m.
8. Statutory Rule
SR 2010/64 – The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010
Question put and agreed:
‘The Committee for the Environment has considered SR 2010/64 – The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010 and has no objection to this rule subject to the Examiner of Statutory Rules report.’
9. Proposals for secondary legislation
The Environment (Northern Ireland) Order 2002 (Amendment) Regulations (Northern Ireland) 2010
Agreed: That the Committee is content for the Department to proceed with the policy.
The Greenhouse Gas Emissions Trading Scheme Charging Scheme Regulations (Northern Ireland) 2010
Agreed: That the Committee is content for the Department to proceed with the policy.
Greenhouse Gas Emissions Charging Scheme (Northern Ireland) 2010
Agreed: That the Committee is content for the Department to proceed with the policy.
The Smoke Control Areas (Exempted Fireplaces) Regulations (Northern Ireland) 2010
Agreed: That the Committee is content for the Department to proceed with the policy.
10. Consultations
Defra consultation document on revised guidance about ‘green claims’ in marketing
Agreed: That a copy of the synopsis of responses is requested
Draft Local Government (General Grant) (Amendment) Regulations (Northern Ireland) 2010- synopsis of responses to the consultation
Agreed: That the Committee is content for the Department to proceed with the policy.
Departmental reply to Committee queries on proposed changes to the local government pension scheme – 85 year rule
Agreed: That a letter is sent to the Department asking for information on why the Scottish model was chosen and what the costs would have been if another model, such as the English or Welsh model, was selected.
11. Correspondence
Belfast City Airport Watch Letter re Report by Civil Aviation Authority on noise aspects of the planning application for a runway extension by George Best Belfast City Airport.
Agreed: That a copy of the letter is forwarded to the Department for comment and to the Committee for Regional Development for information.
Memo from Clerk to Committee for Culture, Arts and Leisure regarding a bike to work scheme.
Agreed: That a copy of the memo is forwarded to the Department for comment.
Memo from Clerk to the Agriculture & Rural Development Committee regarding ASSI Designation, and various issues raised in correspondence from the Green Glens Marketing Group.
Agreed: That a copy of the memo is forwarded to the Minister.
Clerk to the Agriculture & Rural Development Committee regarding an invitation to NIEA from the Committee to make a presentation on its specific responsibilities with regard to the agriculture industry.
Agreed: That a copy of the memo and invitation to brief are forwarded to the Minister and the NIEA.
Memo from Clerk to the Committee for Finance & Personnel regarding ‘Support for Carers’ – options available to provide increased rate relief for carers.
Agreed: That a reply is sent to the Committee for Finance and Personnel stating that the Committee noted the information and has no comments to make.
Letter of response from the Department to the Employment and Learning Committee’s letter regarding ‘Automated Communications Systems’.
Agreed: That a copy of the letter is forwarded to the Employment and Learning Committee.
Members noted the following items of correspondence:
British Heart Foundation Northern Ireland letter with their response to the Review of 2010 – 11 Spending Plans for Northern Ireland Departments.
Copy of ‘NILGA News’ February 2010 edition.
Letter from the Minister advising of his intention to approve planning application V/2009/0199/F, extension to existing salt mine, Carrickfergus.
Departmental letter regarding the Minister’s response to Mr Bumper Graham’s request to meet to discuss issues surrounding the refurbishment of Greenvale Leisure Centre.
Copy of NIEL’s Source guide to the environmental sector, March 2010.
Copy of Advice NI 2009 Annual Report & winter 2009/10 Newssheet.
Members noted an invitation to to attend a PSNI event - an introductory demonstration – Speed Awareness and Young Driver Schemes.
12. Date, time and place of next meeting
The next meeting will be held on Thursday 25 March 2010 at 10.00a.m in Room 144, Parliament Buildings.
The Chairperson adjourned the meeting at 12.13p.m.
