Minutes of Proceedings

COMMITTEE FOR THE ENVIRONMENT

MINUTES OF PROCEEDINGS
THURSDAY 7 JANUARY 2010,
ROOM 144, PARLIAMENT BUILDINGS

Present:
Mr Roy Beggs
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: 
Mr Cathal Boylan
Mr Adrian McQuillan

The meeting began in public session at 10.02 a.m.

1. Apologies

Apologies are listed above.

2. Minutes

The minutes of the meeting on 03 December were agreed.

Mr Weir joined the meeting at 10.06am

3. Chairperson’s Business

The Chairperson informed members that they had been provided with a note of a meeting held with representatives of Linwoods, Irwins and the Northern Ireland Food and Drink Association in relation to the Review of the UK Domestic Drivers’ Hours Rules. Members had also been provided with a copy of a letter from then Minister Sammy Wilson to Dominic Bradley on this issue.

Agreed: That Assembly Research are asked to provide a paper on what the derogations mean in practice and if there is anything comparable in other regions.

Agreed: That a letter is sent to TGWU asking for their views issue and that a letter is sent to the Department asking for more information on this issue

The Chairperson informed members that a meeting would be held with the Permanent Secretary and DOE Management Board on Tuesday 19 January to discuss forthcoming work in the new session.

4. Matters arising

The Chairperson informed members that, due to the volume of Departmental replies, they had been provided with around half of the replies in this week’s papers and will receive the remainder in next week’s papers.

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on illegal racing at Nutts Corner.

Agreed: That a letter is sent to the Department asking if they could indicate with the current status of the planning applications and an indication of timescales involved in making decisions on them and expressing Committee concerns that delays could lead to years of advantage for illegal operators over legal operators.

The Chairperson informed members that they had been provided with a Ministerial reply to Committee queries on the Independent Review of Economic Policy, a Departmental reply on outstanding strategic planning applications and a letter from the Minister on Planning Reform.

Agreed: That a letter is sent to the Department requesting more information on the reasons for delays with the strategic planning applications.

The Chairperson informed members that they had been provided with a Ministerial letter in relation to the Local Government Miscellaneous Provisions Bill.

Agreed: That a letter is sent to the Department asking for information on the exact nature of the amendment.

Mr McCrea joined the meeting at 10.12am

Members noted a Departmental reply to the Committee’s request for further information following the December Monitoring round briefing at the meeting on 26 November.

The Chairperson informed members that they had been provided with a Departmental reply to the Committee’s queries on PSA targets.

Agreed: That a memo is sent to relevant Committee Clerks indicating that the Chairperson is keen to meet the Chairs of the OFMdFM and ETI Committees to discuss the implications of the Department’s response on sustainable development.

Agreed: That the Committee Clerk speaks to other Clerks to discuss PSA scrutiny in general and that a letter is sent to the Public Accounts Committee to enquire on the current status of the PSA Review.

Agreed: That a letter is sent to OFMdFM enquiring as to current status of the guidance on the sustainable development duty for local government and, if guidance has been produced, how effectively is it being implemented and adhered to.

Members noted a Departmental reply to the Committee’s queries on PPS14 and PPS21 and a Ministerial letter on the PPS21 Independent Working Group.

The Chairperson informed members that they had been provided with a Departmental reply to the Committee’s queries on the designation of Lisnarragh ASSI.

Agreed: .That a letter is sent to Mr Ward, local landowner, attaching the departmental reply and informing him that members are now content that the consultation process was satisfactory and do not feel that they have any further role to play in the process.

Agreed: That a letter is sent to the Department indicating the Committees’ most recent position on this issue and also to note that the Committee was under the impression that the Department was aware of the concerns of the group as they had previously briefed the Committee on the issue.

The Chairperson informed members that they had been provided with a Departmental update on the status of the planning application from Northern Ireland Electricity for a North/South Interconnector.

Agreed: That a letter is sent to Dungannon and South Tyrone Borough council stating that it would be useful for the Committee to hear their position on the issue providing it included new evidence that falls clearly within the remit of the Environment Committee and that the Committee is willing to share copies of previous briefings on this issue with the Council.

5. Departmental Briefing on Wildlife and Natural Environment Bill

Departmental officials briefed the Committee and answered members’ questions on the Wildlife and Natural Environment Bill.

Mr Ford joined the meeting at 10.44am
Mr McKay joined the meeting at 10.51am

The main areas of discussion were amendments to the order, stronger enforcement powers for PSNI, increased level of penalties, the Biodiversity Duty, licensing of game species, amendments to Environment Order 2002 and ASSIs.

Agreed: That a letter is sent to the Department asking that the Committee receives guidance on Biodiversity Duty at the earliest opportunity.

Agreed: That a letter asking for written submissions on the Bill is sent to NILGA to forward to the local councils.

Agreed: That a letter is sent to PSNI asking for their views on the new enforcement powers that they will be given in relation to wildlife crime.

Agreed: That a letter is sent to other Departments asking for their views on the Biodiversity Duty and to ask the Department for Social Development Committee for their views on the game licensing aspect of the Bill as this falls within their remit.

The Chairperson adjourned the meeting at 11.13a.m.

The meeting resumed at 11.17a.m.

6. Briefing by PriceWaterHouseCooper on their RPA Economic Appraisal

The Following members declared an interest:

Dolores Kelly – Member of Craigavon Borough Council, member of Craigavon Voluntary Transition Committee
Roy Beggs – Member of Carrickfergus Borough Council, Member of Strategic Leadership Board
Ian McCrea – Member of Cookstown Distrcit Council, Member of Mid Ulster Transition Committee
David Ford – Member of Antrim Borough Council
John Dallat – Member of Coleraine Borough Council
Danny Kinahan – Member of Antrim Borough Council, Arc 21 board member
Peter Weir – Member of North Down Borough Council, Member of Policy Development Panel A, Vice President of NILGA

Representatives of PriceWaterHouseCooper briefed the Committee and answered members’ questions on their RPA Economic Appraisal.

The main areas of discussion were financial and non financial benefits, the 13 key recommendations in the report, potential job losses, a Business Service Organisation, a single Waste Disposal Authority, funding and the role of the Audit Office.

Mr Weir left the meeting at 11.34am
Mr McCrea left the meeting at 11.41am

Agreed: That the PriceWaterHouseCooper paper is circulated to members and that a letter is sent to the Minister expressing the Committee’s concerns on the confusion that exists around the RPA process and the demotivation with all those concerned in the process.

7. Briefing by NIEA on Better Regulation Strategy

Representatives of NIEA briefed the Committee and answered members’ questions on the Better Regulation Strategy.

The main areas of discussion were regulation of waste, sanctions and penalties and the management and regulation of landfill.

Mr Ross left the meeting at 12.28pm
Mr McKay left the meeting at 12.29pm

Agreed: That NIEA officials provide the Committee with more detail on the outstanding recommendation from the Criminal Justice Inspection Report that is yet to be implemented.

Agreed: That a letter is sent to the Department asking for NIEA contact details and their views on how easy they feel it is for members of the public to contact them.

8. Statutory Rules

SR 2009/399 – The Planning (Control of Major Accident Hazards) Regulations (Northern Ireland) 2009

Question put and agreed:

That the Committee for the Environment has consideredSR 2009/399 – The Planning (Control of Major Accident Hazards) Regulations (Northern Ireland) 2009 and has no objection to the rule subject to the Examiner of Statutory Rules Report.

SR 2009/403 – The Pollution Prevention and Control (Amendment) Regulations (Northern Ireland) 2009

Question put and agreed:

That the Committee for the Environment has consideredSR 2009/403 – The Pollution Prevention and Control (Amendment) Regulations (Northern Ireland) 2009 and has no objection to the rule subject to the Examiner of Statutory Rules Report.

SR 2009/413 – The Private Water Supplies Regulations (Northern Ireland) 2009

Question put and agreed:

That the Committee for the Environment has consideredSR 2009/413 – The Private Water Supplies Regulations (Northern Ireland) 2009and has no objection to the rule subject to the Examiner of Statutory Rules Report.

9. Consultations

Consultation on Managing Stormwater, a draft strategy for promoting the use of sustainable drainage systems (SuDS) in Northern Ireland – synopsis of responses:

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

Planned consultation on the draft Local Air Quality Management policy guidance for Northern Ireland:

Agreed: That a synopsis of responses to the consultation is requested

Consultation document on proposals for implementing the 3 rd EC Directive on Driving Licences (Directive 2006/126/EC):

Agreed: That a synopsis of responses to the consultation is requested

Consultation on the draft Local Government (Indemnities for Members and Officers) Order (Northern Ireland) 2010:

Agreed: That a synopsis of responses to the consultation is requested

Consultation on the Department’s proposal to make the Local Government (General Grant) (Amendment) Regulations (Northern Ireland) 2010:

Agreed: That a synopsis of responses to the consultation is requested

Draft High Hedges Bill – public consultation:

Agreed: That a synopsis of responses to the consultation is requested and that a pre legislative briefing from Departmental officals is requested for a future meeting.

10. Departmental Forward Work Programme

Members noted the Departmental forward work programme.

11. Committee Forward Work Programme

Members noted the Committee forward work programme.

12. Correspondence

Due to time constraints members agreed that the Chairperson, in conjunction with the Committee Clerk, could make the final decisions on correspondence.

1. Memo from Regional Development Committee Clerk regarding services to disabled people. 
   Agreed: That the memo is forwarded to the Department for comment
2. Email from Brendan Sadka (Demetrion AG) expressing interest in developing anaerobic digestion facilities in NI and request a meeting with the Committee. 
   Agreed: That the e-mail is forwarded to the Committee for Enterprise, Trade and Investment to consider as this issue is within their remit.
3. Email from Charles McMullan (Northern Ireland Consultant, Energy Savers) requesting the opportunity to brief the Committee on its systems to aid Energy Conservation and Reducing Carbon Emissions. 
   Agreed: That Mr McMullan is invited to a future stakeholder event.
4. Letter from Una Downey (DALO) to advise the Committee of a proposal to introduce capping of historic buildings grant-aid, at a level of £250,000, and to alert the Committee to the negative impact of this proposal. 
   Agreed: That the Department is asked to provide an update on the impacts that this decision has caused.
5. DOE response to Committee request for further information on Capping of Licences. 
   Agreed: That the response is forwarded to the DRD Committee.
6. DOE response to several environmental concerns raised by the River Faughan Anglers. 
   Agreed: That the response is forwarded to DRD committee
7. Members noted an NIEA response regarding the proposed A6 Derry to Dungiven Duelling Scheme.
8. Request from Graham Furey (Ulster Farmer Union) to brief the Committee on some of the issues and challenges which face the agricultural industry. 
   Agreed: That the UFU is invited to a future meeting and that a letter is sent asking for their views on Road Safety in rural areas and for more specific information on what they would like to brief the Committee on.
9. Letter from Belfast Council’s Strategic Policy and Resources Committee. 
   Agreed: That this letter is discussed in further detail at the meeting on 14 January 2010.
10. Letter from: Bumper Graham (NIPSA) requesting the opportunity to brief the Committee on the Refurbishment of Greenvale leisure centre, compulsory redundancies and the actions of Magherafelt District Council. 
    Agreed: That the letter is forwarded to the Department for their views.
11. Request from QPANI to brief the Committee on their current discussions with HMRC and DOENI for a further 10 year 80% rebate on the UK aggregates levy in Northern Ireland. 
    Agreed: That the letter is forwarded to the Department for comment.
    
    Memo from Roisin Kelly (Regional Development Committee Clerk) re George Best City Airport.
    Agreed: That the letter is forwarded to the Department for comment.
12. Request from Regional Development Committee for written evidence from the Committee re “Ensuring an Accessible Transport System in Northern Ireland” Final Report. 
    Agreed: That a reply is sent indicating that the Committee is satisfied with the response it has already forwarded.
13. Memo from Jim McManus ( Enterprise, Trade and Investment Committee) requesting views from the committee on “Regional Innovation Strategic Action Plan”.
    Agreed: That the request is forwarded to the Department for response.
14. Letter from: Ulster Federation of Rambling Clubs to David Ford on “Countryside access for recreation”. 
    Agreed: That the letter is forwarded to the Department for comment 
    
    Members noted the following items of correspondence:
15. Email from Alice Comiskey (NILGA)/Una Downey (DALO) re Key Outcomes from Regional Transition Co-ordinating Group, 2 December 2009.
16. NILGA Press Release - “NILGA supports councils in targeting the reduction of absenteeism”
17. Copy of NILGA News – November 2009 edition.
18. Press Release – “NILGA Welcomes Report On Climate Change”.
19. Letter from: NIGLA to Minister Edwin Poots re Local Government Reform – Urgent Agreement Required.
20. E mail re “NILGA members call for an end to Local Government Reform uncertainty”.
21. A copy of The Quarry Products Northern Ireland Newsletter, issue 58 December 2009.
22. E-mail from Hans Schreuder responding to the Committee’s Inquiry into Climate Change Report.
23. Booklet and DVD on The Community Eco-Challenge Northern Ireland’s first community-based ecological footprint project.
24. NIIRTA news, December 2009/January 2010 edition.
25. Letter from Department to bring to the attention of the Committee, the intention of the Northern Ireland Environmental Agency (NIEA) to publish on its website the 2008 compliance data for discharges from NI Water Utilities.
26. Memo from the Department regarding “Water Framework Directive”, Publication of River Basin Management Plans.
27. December 2009 issue of “re:Source”, your guide to the environmental sector.
28. Copy of RoseEnergy News – issue 3.
29. Copies of the Lower Bann Management Strategy 2009 – 2014 Summary and the Neagh Bann News.
30. Chairpersons’ Liaison Group meeting held on Tuesday 24 November – Note of key issues discussed and decisions taken.
31. Committee on Climate Change Newsletter December 2009.
32. Copy of the CRC “e-Bulletin”
33. Copy of “Transport Matters”, No excuse for parking abuse.
34. A copy of the RUSA Yearbook and Directory for 2009.
35. A copy of the “Collaborative Procurement in Local Government” Research Paper.
36. Letter from the Minister to advise the Ministers intention to approve planning application S/2009/1045/F Phase 2 Sprucefield Park.
37. Letter from the Minister to advise the Ministers intention to approve planning application S/20071482/F Former Barbour Threads Textile Factory, Hilden, Lisburn.
38. Letter from the Minister to advise the Ministers intention to approve planning application U/2009/0303/F, Northcott Shopping Centre.
39. Letter from the Minister to advise the Ministers intention to approve two planning applications. P/2009/0540/O & P/2009/0642/F, Newry.

Members noted the following invitations:

Capita’s National Conference – Total Place: What Next?

Capita’s 2nd National Insight Conference.

Niccip – Projections Awareness Seminars.

Niccip – Thematic Technical User Interface Training.

Invite to NIAUR Seminar 3, “Sustainable Energy as part of Northern Ireland’s

Economic Future?

Invitation to free training with the Participation Network. “Including Children & Young People in Public Decision Making” – Module 1.

Invitation to free training with the Participation Network. “Including Children & Young People in Public Decision Making” – Module 2.

Invitation to the Citizens Advice “Money Active Launch”.

Capita’s 2nd National One Stop Shops Conference.

Invitation To GoveNet’s 5 th annual SDUK Conference 2010.

Invitation to Nilga Annual Conference & Exhibition.

13. Any other business

14. Date, time and place of next meeting

The next meeting will be held on Thursday 14 January 2010 in Room 30, Parliament Buildings, at 10.00a.m.

The Chairperson adjourned the meeting at 1.00p.m.

Dolores Kelly
Chairperson, Committee for the Environment
14 January 2009