Committee for Communities

Minutes of Proceedings - Thursday 13 January 2022

Committee for Communities

Minutes of Proceedings

Thursday 13 January 2022

Clause 7 - Offence of inviting, etc. person under 18 to play gaming machine

Members queried how a ‘grab machine’ could have money wrapped around a prize as under 18’s play these machines in shopping malls etc. Officials confirmed that was illegal and they were working on a voluntary basis to eradicate that.

Agreed: Officials agreed to confirm in writing the work that has been done in regards to this matter.

Members queried why there were no notices on the front of gaming machines regarding the law on maximum prizes and legal age to play the machine.

Agreed: Officials agreed to advise the Committee if this is something that could be done in this Bill or through more detail being provided in the Code of Practice.

Clause 8 - Arrangements not requiring persons to pay to participate

The discussion centred on the two key issues of promotional prize draws and prize competitions and Members wish it to be clear in the Bill that companies can include NI residents in such draws and competitions and that it is not illegal. The Department shared that view.

Officials highlighted that Clause 8 is setting out removing the requirement to pay but that further thinking may be required around these matters.

Agreed: Officials agreed to update the Committee on what further actions/wording could be included in the Bill to respond to the concerns raised by Members.

Clause 9 - Rules for societies’ lotteries

The Committee recognised that this clause needs careful consideration due to the potential impact on organisations that wish to raise money this way. Officials highlighted that the Minister wishes to raise the maximum prize limit from £25,000 by secondary legislation.

Agreed: The Committee requested sight of draft regulations as soon as they are available.

Members queried if the Bill was sufficient in how it dealt with the calculation of the prize fund and referred to Article 137(14).

Agreed: The Committee requested clarification on this issue in a written response.

Members queried why the Bill is repealing the limit on the ticket price completely and if a new enhanced limit would not be better.

The Officials stated that it was a good point and the Minister was minded to look at an amendment in this regard. However, the sector is divided on what the limit should be.

Agreed: The Committee requested that the Department re-look at this clause in this regard and consider a new limit and respond on this issue.

Stephen Dunne joined the meeting at 10.19 am.

Clause 10 - Qualifications by age, residence or corporate status for licences, certificates and permits

After discussion with Officials, no further specific queries requiring response were raised by the Committee.

Clause 11 - Prize competitions not requiring persons to pay to participate

Members raised concerns that although an individual may not pay to enter certain competitions they are providing data that is valuable to organisations.

Members reiterated concerns that the Bill may still not be clear enough at Clauses 8 and 11 on the issues regarding promotional prize draws etc.

The Committee decided to consider the issues around this Clause and Clause 8 in more detail at future meetings.

Clause 12 – Cheating

Members queried the penalty associated with the offence in this Clause. Officials stated that these are on a set scale and there is unlikely any room to alter this but they would check this.

Agreed: Officials agreed to confirm in their response what the convention is in this regard.

Clause 13 - Enforceability of gambling contracts

After discussion with Officials, no further specific queries requiring response were raised by the Committee. 

Clause 14 – Industry levy

Members were concerned about the wording of the Clause at 172A(6) around which groups would be consulted on the levy and whether the industry should be consulted at all. The Officials agreed that it could indeed be better worded.

Agreed: Committee requested that the Department provides improved wording proposal for this part of the clause.

Members expressed concern regarding National Lottery terminals and scratch cards being such a large part of gambling in Northern Ireland and part of the addiction issues and queried if the National Lottery would be part of a levy.  Officials stated that the National Lottery is legislated for by Westminster and cannot be part of this Bill.

Clause 15 – Code of practice

Members raised a few queries, including putting a credit card ban in the Bill and Officials stated that it would not be good practice to put such items on face of the Bill but would be better in the Code of Practice and highlighted that in England it is a condition of licence to adhere to the Code of Practice.

Agreed: The Committee requested that Officials outline the Code of Practice in more detail at a future meeting.

Schedule – 15A to the 1985 Order

Agreed: The Committee requested that Departmental Officials return on Tuesday 18^th January to go over the Schedule in some more detail, what it does and the connections to Clause 8 and 11. 

The Chairperson thanked the Officials for their attendance.

5. Matters Arising

The Chairperson informed Members that they had received a Departmental response regarding proposed legislative powers for addressing anti-social behaviour.

Agreed: The Committee agreed to write to the Department to enquire what support was being provided and whether the Department had sufficient planning and prevention strategies in place.

The Committee further requested clarity on the suitable legislative vehicle and whether it was the entire review, or specifically the suitable legislative vehicle, which would not be achieved in this mandate.

The Chairperson informed Members that they had received a Departmental response regarding the financial implications of mitigating the two-child limit. The Committee was content to note.

The Chairperson informed Members that they had received a Departmental response regarding mixed tenure properties.

Agreed: The Committee agreed to write to the Department regarding the tender process, enquiring how jobs are tendered, and how costs are apportioned for repairs and planned works.

The Committee agreed to write to the Northern Ireland Housing Executive regarding how it would consider applying charges to owner occupiers in mixed tenure blocks for the retro-fitting of properties to better align them with energy efficiency regulations; how this process would be reconciled with the tower block strategy; and for more information on the Buy-Back Scheme.

The Chairperson informed Members that they had received a Departmental response regarding the review into the Funding of Urban Community Networks.

Agreed: The Committee agreed to write to the Department emphasising the need for a strategic plan for Community Development Networks and the need to address the sustainability of community development. The Committee would also like to know whether this would happen in this mandate as the budget will already be allocated at that point.

The Chairperson informed Members that they had received a Departmental response regarding a timeline of the Sick Pay (Medical Evidence) (Modification) Regulations (NI) 2021. The Committee was content to note.

The Chairperson informed Members that they had received a Departmental response regarding a timeline for the Licensing and Registration of Clubs (Amendment) Act (NI) 2021.

Agreed: The Committee agreed to write to the Department requesting that it Department shares the application process with the Committee so Members can better assist applicants.

The Chairperson informed the Committee that they had received a response from the Department of Finance regarding the Energy Payments Support Scheme.

Agreed: The Committee agreed to write to the Department for Communities requesting a breakdown of the £120 million intervention. The Committee requested that the reply puts the £120m figure in context of the winter fuel payment and whether this payment was included in the amount.

The Chairperson informed Members that they had received a Departmental response regarding a review of Financial Processes. The Committee was content to note.

The Chairperson informed Members that they had received a response from the Department of Work and Pensions (DWP) regarding winter fuel payments. The Committee was content to note.

The Chairperson informed Members that they had received a response from the Strategic Investment Board in relation to the Sub-Regional Stadia Programme. The Committee was content to note.

The Chairperson informed Members that they had received responses from the Department of Finance, Belfast City Council and SOLACE on the ‘Changing Places Toilet Fund’.

Agreed: The Committee agreed to write to the Department enquiring how they promoted the Access and Inclusion Fund.

The Committee also agreed to write to NILGA enquiring how it promoted the funding among their member organisations.

The Committee further agreed to write to the expert panel on the Disability Strategy requesting that it comments on the need for a dedicated Changing Places Fund to ensure an equal geographic distribution of facilities.

6. Committee Consideration of draft report on Legislative Consent Motion – Pension Schemes (Conversion of Guaranteed Minimum Pensions) Bill

The Chairperson informed Members that the Committee would now consider the draft report on the Legislative Consent Motion (LCM).

Powers and Membership

The Chairperson asked Members if they had any comments or were content with the section as drafted.

Agreed: The Committee was content with the section as drafted.

Background

The Chairperson asked Members if they had any comments or were content with the section as drafted.

Agreed: The Committee was content with the section as drafted.

Committee Consideration of the LCM

The Chairperson asked Members if they had any comments or were content with the section as drafted.

Agreed: The Committee was content with the section as drafted.

The Chairperson asked Members whether they were content to agree the report as final.

Agreed: The Committee agreed that the LCM report was final and ordered that it be published.

7. Departmental briefing on Budget 2022-25 and January Monitoring Round

The Chairperson welcomed the following Officials to the meeting:

• Cherrie Arnold
• Gavin Patrick

The Officials briefed the Committee and participated in a question and answer session with Members.

The Chairperson thanked the Officials for their attendance.

Stephen Dunne left the meeting at 12.48 pm.

Kellie Armstrong left the meeting at 12.57 pm.

8. SL1 – Universal Credit and Employment and Support Allowance (Claimant Commitment Exceptions) (Amend) Regulations (NI) 2022

The Chairperson informed Members that the proposed Rule would create a specific exemption so that people who meet the definition of terminally ill and who make a claim for Universal Credit or New Style Employment and Support Allowance are not required to accept a claimant commitment.

Agreed: The Committee was content for the Department to proceed to make the rule.

9. SR 2021/345 – Social Security (Income and Capital Disregards) (Amendment) Regulations (NI) 2021

Agreed: The Committee for Communities considered SR 2021/345 – Social Security (Income and Capital Disregards) (Amendment) Regulations (NI) 2021 and has no objection to the rule subject to the next report from the Examiner of Statutory Rules.

10. SR 2021/347 – Statutory Sick Pay (Medical Evidence) (Modification) Regulations (NI) 2021

Agreed: The Committee for Communities considered SR 2021/347 – Statutory Sick Pay (Medical Evidence) (Modification) Regulations (NI) 2021 and has no objection to the rule subject to the next report from the Examiner of Statutory Rules.

11. Correspondence

The Chairperson informed Members that they had received correspondence from the Committee for Finance regarding the draft Budget 2022- 25.

Agreed: The Committee agreed to draft a response to the Committee for Finance on the basis of issues raised at the earlier evidence session on the budget.

The Committee was content to action the following items of correspondence:

1. A copy of the 2020-21 Annual Report on Welfare Supplementary Payments, Discretionary Support, Standards of Advice and Assistance and Sanctions from the Department for Communities;
2. A copy of the NI Chamber’s Brexit One Year on Report from the NI Chamber of Commerce;
3. A copy of the Annual Report and Accounts for the year ended 31 March 2021 for the Arts Council of Northern Ireland from the Department of Communities;
4. A copy of the correspondence from the Committee for Finance regarding the Parental Bereavement (Leave and Pay) Bill;
5. A copy of the Departmental correspondence on the Call for Evidence – Local Government Remote Meetings from the Department for Communities;
6. A copy of the consultation on the Local Government (Performance Indicators and Standards) (Amendment) Order (NI) 2022 from the Department for Communities;
7. A copy of the report on the Protocol for the Care of Government Historic Estates from the Department for Communities;
8. A Departmental response on the Housing Supply Strategy from the Department for Communities;
9. A Departmental letter regarding the Amendment to NI Social Security Legislation required due to the introduction of Adult Disability Payment by the Scottish Government from the Department for Communities;
10. A copy of the Investing Activity Report for the Department for Communities December 2021 from Strategic Investment Board Limited;
11. A copy of the Department for Communities Annual Report on Decision Making Financial Accuracy 2020 from the Department for Communities;
12. A letter regarding a proposal for Traditional Family Residential Protection Areas from the Blackstaff Residents’ Association;
13. A copy of the Joint Call for Views on the new Domestic and Sexual Abuse Strategy and Equally Safe Strategy from the Executive Office, the Department of Justice, and the Department of Health.
    
    

12. Forward Work Programme

The Chairperson informed Members that the Committee would continue its deliberations on the Betting, Gaming, Lotteries and Amusements (Amendment) Bill at the respective Committee meetings on Tuesday 18 January and Thursday 20 January.

13. Any Other Business

Members raised the issue of Regina Coeli House, the sole female-only homeless accommodation facility in Northern Ireland, which was due to close at the end of February.

Agreed: The Committee agreed to write to the Department requesting an update on the issue and on the Department’s attempts to secure funding to ensure the facility remains open.

The Committee also agreed to write to Regina Coeli Management Company requesting more information on the issues facing the site.

14. Date, time and location of next meeting

The next meeting will be held on Tuesday 18 January 2022 in Room 30, Parliament Buildings, at 9.00 am.

The meeting was adjourned at 1.09 pm.

Paula Bradley MLA

Chairperson, Committee for Communities