Committee for Agriculture, Environment and Rural Affairs

Minutes of Proceedings - Thursday 2 December 2021

Committee for Agriculture, Environment and Rural Affairs

Minutes of Proceedings

Thursday 2 December 2021

Meeting Location: Room 30/Virtual Meeting via StarLeaf

Present: Declan McAleer MLA (Chairperson)

Present by Video or Teleconference:

Philip McGuigan MLA (Deputy Chairperson)

Clare Bailey MLA

Rosemary Barton MLA

John Blair MLA

Thomas Buchanan MLA

Harry Harvey MLA

William Irwin MLA

Patsy McGlone MLA

Apologies: None

Present:

Nick Henry, Clerk

Emma Magee, Clerical Officer

In Attendance by Video or Teleconference: 

Oliver Bellew, Assistant Clerk

Elaine Farrell, Clerical Supervisor

Barbara Love, Bill Office Clerk (for Agenda Items 5, 13 and 18)

The meeting commenced at 10.04 a.m. in Open Session

1. Apologies

None

2. Chairperson’s Business

CARE Presentation by St Patrick’s College, Dungannon

The Chairperson thanked the Committee Team and colleagues in Education.
Services for their assistance in facilitating a virtual discussion with Year 10 pupils from St Patrick’s College, Dungannon. The pupils presented their report on Climate Action in the Rural Environment, an Erasmus+ supported scheme, and engaged with Members of the Committee in a question and answer session.

3. Draft Minutes

Agreed: The Committee agreed the minutes of the meeting held on 25 November 2021.

4. Matters Arising

Direct Payment to Farmers (Simplifications) Regulations (NI) 2022

The Committee considered the Examiner of Statutory Rules Sixth Report 2021/22 which included an assessment of the regulations.

Agreed: The Committee considered the Direct Payment to Farmers

(Simplifications) Regulations (NI) 2022 and recommended that it be affirmed by the Assembly.

The Spring Traps Approval (Amendment) Order (Northern Ireland) 2021

The Chairperson reminded Members that the Committee had considered these policy proposals in May 2021 and that their intent had not changed.

The Chairperson informed the Committee that the updated list of authorised spring traps would be effective from 4 January 2022.

Agreed: The Committee agreed to write to the Department to express its content with the policy proposals.

5. Clause-by-Clause Consideration: The Climate Change Bill

The Committee undertook its clause-by-clause decision-making in relation to the Climate Change Bill.

Agreed: The Committee agreed the Long Title of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Clause 1 of the Climate Change Bill, as drafted.

The Chairperson reminded Members that Clause 2 of the Bill related to the preparation of Climate Change Action Plans and the Climate Objective to establish a net-zero target by 2045.

The Chairperson put the question that the Committee for Agriculture, Environment and Rural Affairs agree Clause 2, as amended.

The Committee divided on the proposed amendments to Clause 2.

Agreed: Members agreed to suspend the meeting to resolve a number of technical issues.

As a Member of the Committee joined the meeting virtually whilst the question was being put and another Member advised that he could not join the meeting due to technical issues and wanted to exercise his vote, the count was retaken for the purposes of accuracy, following resolution of the technical issues.

The Committee divided: 

Ayes 4; Noes 4.

AYES

Mr Declan McAleer (Chairperson)

Mr Philip McGuigan (Deputy Chairperson)

Ms Clare Bailey

Mr John Blair

NOES

Mrs Rosemary Barton

Mr Tom Buchanon

Mr Harry Harvey

Mr William Irwin

The proposal was not carried.

Agreed: The Committee agreed Clause 3 of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Clause 4 of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Clause 5 of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Clause 6 of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Clause 7 of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Clause 8 of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Clause 9 of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Clause 10 of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Clause 11 of the Climate Change Bill, as drafted.

Mr Patsy McGlone MLA joined the meeting at 10.31 a.m.

Agreed: The Committee agreed Clause 12 of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Clause 13 of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Clause 14 of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Clause 15 of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Clause 16 of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Clause 17 of the Climate Change Bill, as drafted.

Agreed: The Committee agreed Schedule 1 of the Climate Change Bill, as drafted.

Ms Clare Bailey MLA reminded the Committee that references to the Official Secrets Act would be removed in the final draft of the Bill.

Agreed: The Committee agreed Schedule 2 of the Climate Change Bill, as drafted.

The Chairperson thanked the Committee for its consideration of the Bill and informed Members that the Clerk would produce a draft report for consideration.

6. Written Briefing: DAERA – January Monitoring Round Proposals

The Committee noted a tabled written briefing by the Department in relation to the January Monitoring Round Proposal

The Chairperson informed Members that the Department did not intend to make a bid in the January round and that £7.1 million of capital funding  would be returned comprising:

• £3m associated with the Livestocks Genetics Project due to delays in progress of the outlines business case;
• £3m associated with Waste Management Grants due to contractual issues; and,
• £1.1m for the replacement AFBI vessel due to procurement delays.

Agreed: The Committee agreed towrite to the Department to seek further information on the associated delays and contractual issues giving rise to the capital funding underspend and to ascertain whether any consideration has been given to reallocating this funding. The Committee also agreed to seek clarity on how this underspend has been tracked and managed.

The Committee noted a written briefing by the Department in relation to the Gateway Review which had been conducted on the NI Food Animal Information Service.

The Chairperson welcomed the following officials to the meeting and invited them to brief the Committee:

• Brian Doherty – Senior Responsible Owner
• Nigel Trimble – Project Director
• Paul McGurnaghan –Digital Services Director

This was followed by a question and answer session.

The Chairperson thanked the officials.

The Chairperson left the meeting at 11 a.m. and the Deputy Chairperson assumed the Chair.

8. Private Member’s Bill – Hunting Wild Mammals with Dogs

The Deputy Chairperson reminded Members that Mr John Blair MLA had recently introduced a PMB to the Assembly on Hunting Wild Mammals with Dogs. Members noted that the Second Stage of the Bill was scheduled for 6 December

2021 and, should it pass, would stand referred to the Committee for consideration.

The Deputy Chairperson invited Mr Blair to present his Bill to the Committee.

This was followed by a question and answer session.

The Deputy Chairperson thanked Mr Blair for his presentation.

9. Clerk’s Briefing – Hunting Wild Mammals with Dogs

The Deputy Chairperson reminded Members that, should the PMB on Hunting Wild Mammals with Dogs be referred to the Committee for consideration, a work plan to accommodate it would be required.

The Deputy Chairperson invited the Clerk to outline to Members a draft forward work plan for the Bill.

The Committee noted the draft Forward Work Plan in relation to the Bill and agreed to facilitation of the plan, subject to passage of the Bill at Second Stage. 

10. Written Briefing: RaISe – Alternative Control Herds – Bovine TB Measures

The Committee noted a research paper by Assembly Research and Information Services in respect of Alternative Control Herds and Bovine Tuberculosis Measures.

The Deputy Chairperson welcomed Mark Allen to the meeting and thanked him for providing the research paper.

Mr John Blair MLA left the meeting at 12.09 p.m.

The Deputy Chairperson invited Mark Allen to brief the Committee on it.

This was followed by a question and answer session.

The Deputy Chairperson thanked Mark Allen for the presentation.

11. SL1 – The Animals (Identification, Records, Movement and Enforcement) (Amendment) Regulations (NI) 2021

Agreed: The Committee agreed to defer consideration of this item as Departmental papers had not been received.

12. SL1 - Single Use Carrier Bags Charge (Amendment) Regulations (NI) 2022

The Committee noted policy proposals for the Single Use Carrier Bags Charge (Amendment) Regulations (NI) 2022 which propose an increase to the current carrier bag levy from five pence to 25 pence.

Agreed: The Committee agreed to write to the Department to signal its content with the policy proposals.

Agreed: The Committee agreed to move into Closed Session.

The Committee moved to Closed Session at 12.32 p.m. 

13. Informal Deliberations: Climate Change (No.2) Bill

To assist the Committee’s informal deliberations of the Climate Change (No.2) Bill, Members noted a table of suggested amendments relating to the Bill; a summary of Carbon Budgets and Reporting; a summary of Public Duty Adaptation Programme; and, the Government Department Duty.

The Deputy Chairperson reminded Members that the Committee had written to the Department Bill Team in relation to a proposed amendment to Clause 15 to ensure that powers would not be used to delay action on climate change and/or prolong the emissions targets.

Members were further reminded that the Committee wrote to the Department to recommend that the government gives due regard to Just Transition concepts when developing plans and/or policies to meet the emissions targets, including reference to the agricultural sector.

The following Departmental Officials joined the meeting via StarLeaf at 12.32 pm:

• Colin Breen, Director of Environmental Policy Division 
• Anthony Courtney, Grade 7, Environmental Policy Division 
• Arlene McGowan, Grade 7, Environmental Policy Division 

The Officials responded to Members’ questions and issues with aspects of the draft Bill.

Agreed: that the Department would be asked to consider an amendment in respect of a duty to consult on the options for an NI-based scrutiny and oversight entitiy in respect of Climate Change

Agreed: that the Department would be asked to consider an amendment to Clause 21 in respect of strengthening this clause to include a duty to bring forward the requisite regulations within a specified timeframe

The Committee resumed in Public Session at 1.09 p.m.

The Deputy Chairperson thanked the officials for their attendance.

The meeting resumed in public session at 1.09 p.m.

14. Correspondence

The Committee noted the following items of correspondence:

1. Correspondence from the Fiscal Council in relation to its first report which contains a comprehensive guide to public finances in Northern Ireland;
2. Correspondence from the Clerking and Member Support Office to advise of an online session for Members on Personal Security which will be hosted by the PSNI on Wednesday 15 December 2021 via Microsoft Teams; 
3. Departmental response in relation to queries raised by the Committee following its meeting on 11 November 2021 and highlighting that officials will be available to brief the Committee on the Environment strategy on 13 January 2022.  Additionally, the response contained information in respect of the organic egg sector which will be issued in due course;
   Agreed: The Committee agreed to accept the Departmental briefing on 13 January 2022.
4. Departmental confirmation that the Department for Infrastructure has primary responsibility for matters pertaining to the Active Travel programme and that it may seek funding for this as part of its Green Growth outcomes;
5. Departmental confirmation that DAERA is not currently scoping a potential change in emissions accounting that would merge non-CO2 emissions from agriculture with LULUCF, and that it will provide updates in due course in relation to developments in respect of the UK-EU ETS;
6. Confirmation from ISNI that the latest Delivery Tracking Scheme covering major projects funded by DAERA has been released and demonstrates that all of the seven projects owned by the Department received a "Green Assurance rating";
7. Tabled correspondence between DAERA and local government planning Departments outlining actions it is taking in respect of a large backlog of planning applications including suspension of providing indicative response times until further notice and not considering prioritisation requests (both with effect from 8 November 2021), including a general notice on the DAERA website; Members expressed concern at the consequences of inefficient administration, particular
8. Response from the Minister for Health to the Committee’s concerns about the new Mental Health Strategy and, particularly, the issues that people living in rural communities face in respect of accessing such services. The Minister acknowledges these issues and confirms that a final strategy takes account of the specific characteristics of access for rural communities, albeit the specific mitigations will be implemented as part of the planning for service deployment; by NIEA, and how it was impacting on local farmers particularly;
9. Correspondence between the Committee for the Economy and DAERA pertaining to whether the Department for Business, Energy and the Industrial Strategy (BEIS) is considering applying windfall taxes or VAT related interventions on conventional energy generators to offset the current fuel price crisis;
10. Ministerial correspondence to the Committee outlining his intention to lay the draft Fisheries Statement to the Assembly on 10 January 2022, subject to a UK-wide consultation from 11 January to 5 April 2022.
11. Under the Fisheries Act, the Committee will have the opportunity to make any recommendations pertaining to the Joint Fisheries Statement before 18 February 2022;
12. Departmental correspondence containing a copy of the Draft Equality Impact Assessment for the Draft Green Growth Strategy. The assessment will accompany the consultation on the Strategy which will close on 23 February 2022;
13. Correspondence from a member of the public encouraging the Committee to “veto” the proposed Hunting Wild Mammals with Dogs Bill; 
14. Correspondence from the House of Lords Sub-Committee on the Protocol to DEFRA seeking clarity as to the effect of the titled regulation on the costs of costs of reidentifying GB livestock moving to NI; any engagement it had with the NI Executive on the matter; and, its effect on the UK-wide animal traceability scheme;
15. Correspondence from the HOL Sub-Committee on the Protocol to DEFRA regarding the costs to NI citizens associated with the transit of pet birds and if any safeguards will be implemented following the recent outbreak of avian influenza;
16. Correspondence from the HOL Sub-Committee on the Protocol to DEFRA seeking a future update on its questions about the EU list of antimicrobials reserved for treatment of certain infections in humans, and on the detailed rules on the application of Article 118 of Regulation Correspondence from the HOL Sub-Committee on the Protocol to DEFRA to confirm it has drawn its scrutiny on regulations on terrestrial animals and hatching eggs to a close;
17. (EU) 2019/6 regarding animals or products of animal origin; xvii. Correspondence from the HOL Sub-Committee on the Protocol to DEFRA welcoming its clarification that policy decisions relating to the implementation of animal health, animal transport and animal welfare measures in Annex 2 to the Protocol would fall within devolved competence, and would therefore not be decisions to be reviewed by the Animal Sentience Committee;
18. Correspondence from the HOL Sub-Committee on the Protocol to DEFRA seeking further information as to the informal discussions between officials on the associated regulations; and,
19. Departmental correspondence to advise of its pre-consultation for Audit of Inequalities 2021-2025 Action Plan. The Department advises that it will be consulting for a period of 14 weeks commencing 30 November 2021.

15. Forward Work Programme

Agreed: The Committee agreed the Forward Work Programme.

16. Any Other Business

None.

17. Date, time and place of the next meeting

The next meeting of the Committee for Agriculture, Environment and Rural Affairs will take place on Thursday 9 December 2021 at 10.00 a.m. and will be a hybrid meeting streamed on the Assembly’s website.

The meeting suspended at 1.15 p.m.

The meeting resumed in Public Session at 3.10 p.m. with the following Members present:

• Mr Philip McGuigan, Deputy Chairperson
• Ms Clare Bailey
• Mrs Rosemary Barton
• Mr Tom Buchanan
• Mr William Irwin

18. Consideration of Draft Report – Climate Change Bill

The Committee noted a draft Report of the Committee’s consideration of the Climate Change Bill.

The Clerk informed Members that the Committee Office had received updated wording to draft paragraphs 220-222 by Assembly Legal Services and suggested that these be included in the report. 

Agreed: The Committee agreed to swop the draft paragraphs 

Agreed: The Committee agreed that an amendment in respect of scoping the potential for a net-negative economy locally would not be progressed.

Agreed: The Committee agreed to recommend that the Executive Office would ensure that gender-proofing is carried out with regards to policies and strategies that are implemented in relation to Climate Change mitigation.

Agreed: The Committee agreed Section 1 of the Bill as drafted.

Agreed: The Committee agreed Section 2 of the Bill as drafted.

Agreed: The Committee agreed Section 3 of the Bill as drafted.

Agreed: The Committee agreed Section 4 of the Bill as drafted.

Agreed: The Committee agreed Section 5 of the Bill as drafted.

Agreed: The Committee agreed Section 6 of the Bill as drafted.

Agreed: The Committee agreed Section 7 of the Bill as drafted.

Agreed: The Committee agreed Section 8 of the Bill as drafted.

Agreed: The Committee agreed Section 9 of the Bill as drafted.

Agreed: The Committee agreed Section 10 of the Bill as drafted.

Agreed: The Committee agreed Section 11 of the Bill as drafted.

Agreed: The Committee for Agriculture, Environment and Rural Affairs considered the draft Report on the Climate Change Bill and agreed that it be printed.

The Committee considered a draft Summary Report of the Bill.

Agreed: The Committee for Agriculture, Environment and Rural Affairs considered the draft Summary Report on the Climate Change Bill and agreed that it be printed.

The Deputy Chairperson thanked the Members, Officials and Committee Staff for their work in completing the draft Report.

The meeting was adjourned at 3.27 p.m.

Declan McAleer, MLA Chairperson,
Agriculture, Environment and Rural Affairs Committee