Minutes of Proceedings - 14 February 2002

Present: - Rev Dr Wm. McCrea (Chairperson)
Ms P Lewsley (Deputy Chairperson)
Mr A Doherty
Mr D Ford
Mr J Leslie
Mr D McClarty
Mr M Murphy
Mr E Poots
Mr D Watson

Apologies: - Mrs J Carson

In Attendance: Mr J Simmons (Committee Clerk)
Miss J Adair (Assistant Clerk)
Mr J Beatty (Assistant Clerk)
Mr J Nulty (Executive Support)
Ms C Angelone (Administrative Support)

The meeting commenced at 10.32 a.m.

1. Minutes of previous meeting

The minutes of the meeting of 14 February 2002 were agreed.

2. Replies Outstanding

Proposed ferry - update awaited from Newry and Mourne District Council.

A further letter was sent to the Council on 31 January 2002 although it has

been suggested that the proposal for a ferry has been withdrawn.

    1. Ballyrickard Landfill Site - reply awaited from Larne Borough Council.

Contact has been made with the Chief Executive's office and a letter from the Council is expected in the near future.

    1. Control of Pollution (Silage, Slurry and Fuel Oil) Regulations - following the

brief update from the Department, arrangements have been made for detailed presentations by the Department and the Ulster Farmers Union at the Committee meeting on 7 March 2002.

3. Statutory Rules

Mr Leslie joined the meeting at 10.35 a.m.

The Committee gave consideration to the following SL1s:

    1. Road Service Licensing (Community Licensing) Regulations (Northern Ireland) 2002. This Rule transposes Article 3A of Regulation EEC 684/92 to establish a licence to allow carriers using Public Service Vehicles access to the market for the international carriage of passengers between Member States.
    2. The Motor Vehicle (Construction and Use) (Amendment) (No*) Regulations (Northern Ireland) 2002. This Rule corrects a minor drafting error and introduces a more effective test for Carbon Monoxide emissions from cars with catalytic converters
    3. The Motor Vehicle (Construction and Use) (Amendment) (No*) Regulations (Northern Ireland) 2002. This rule requires HGV vehicles and buses to display a plate containing the authorised maximum legal weight and axle weights permitted for the vehicle in the UK. It also corrects an anomaly introduced into Northern Ireland legislation in 1999.

Agreed: That the Committee had no comment on the above Rules.

4. Transport Issues

Mr Felix Dillon and Mr John Ritchie, Senior Officials from the Department of the Environment, joined the meeting at 10.37 a.m.

The Taxi Industry

Ms Lewsley joined the meeting at 10.39 a.m.
Mr Poots joined the meeting at 10.41 a.m.

Mr Dillon and Mr Ritchie gave a presentation commencing at 10.38 a.m. and answered Members' questions on interim measures taken by the Department pending the review and update of the taxi industry in Northern Ireland. Key issues discussed included:

      - The Committee's serious concern at the lack of progress by the Department in identifying and implementing measures to improve the industry;
      - The absence of bids by the Department in various Monitoring Rounds to fund the review;
      - Options for the reallocation of staff and budget within the Department to take forward an in-depth review of the taxi industry; and 
      - The need for immediate progress on measures which do not require primary legislation.

Agreed: To arrange a meeting between the Chairperson, Deputy Chairperson, representatives of the taxi industry and senior Departmental Officials to discuss options for taking forward measures to improve the industry.

School Transport Inquiry Report Evaluation

Mr Dillon and Mr Ritchie gave a presentation commencing at 11.05 a.m. and answered Members' questions on the action taken by the Department in evaluating and taking forward the important road safety recommendations in the Committee's Report. Key issues discussed included:

      - The Committee's serious concern at the virtually total absence of action by the Department of the Environment, as the Department responsible for Road Safety, in evaluating the Report particularly in light of the progress made by other Departments in assessing individual recommendations in the Report; 
      - Why the Department did not anticipate that monies would be needed in this financial year to evaluate this Report;
      - The absence of bids by the Department in the September Monitoring Rounds to fund the evaluation of the Report and the weakness of the bid made in the December Monitoring Round; and
    - The Committee's strong concerns that action is required as a matter of urgency if a tragedy is to be averted.

Mr Poots left the meeting at 11.30 a.m.

The Committee noted that, in a matter of days, the Minister of the Environment would provide a composite response from the Department of the Environment, the Department of Education, the Department for Regional Development and the Department of Employment & Learning.

Road Safety Strategy 2002 - 2012

Mr Dillon and Mr Ritchie gave a presentation commencing at 11.38 a.m. and answered Members' questions on the current position regarding the Department's Road Safety Strategy 2002 - 2012. Key issues discussed included:

      - The outcome of the Department's earlier consultation document on its proposals for the Road Safety Strategy and the progress made in assessing the Committee's recommendations;
      - The indicative timetable for future consultation with the Committee on the draft Strategy; and
    - Possible options for funding of any recommendations arising from the draft Strategy.

Members noted that the Department would consult further with the Committee in April 2002.

The Chairman thanked the Officials for their detailed and useful presentations and they left the meeting at 11.48 a.m.

5. Areas of Special Scientific Interest

Mr Brian Murphy, Mr Graham Seymour and Mr Dermot Leonard, Officials from the Department of the Environment, joined the meeting at 11.50 a.m. They gave a presentation and answered Members' questions on the further consultation document on the Department's proposals for the future management and protection of Areas of Special Scientific Interest in Northern Ireland

Mr Poots rejoined the meeting at 11.52 a.m.
Mr Ford left the meeting at 11.52 a.m. and rejoined the meeting at 11.56 a.m.

Key issues discussed included:

      - The introduction of stronger methods to ensure improved protection and future management for these sites and the introduction of an independent appeals mechanisms; 
      - Concerns raised by consultees regarding the introduction of Nature Conservation Orders;
      - The need for any measures proposed to apply equally to public bodies as well as landowners, occupiers, etc. 
      - Options for powers to enforce restoration of an ASSI following damage and mechanisms for dispute settlement; and
    - The threat of infraction procedures against the UK for failure to transpose various EU Directives.

The Chairman thanked the Officials and they left the meeting at 12.24 p.m.

Mr McClarty left the meeting at 12.07 p.m. and rejoined at 12.14 p.m.
Mr Ford left the meeting at 12.14 p.m.

Agreed: To write to the Ulster Farmers' Union, NIAPA and the RSPB seeking their final comments on the Department's proposals for the protection and future management of Areas of Special Scientific Interest.

6. Any Other Business

  1. The Committee noted a number of letters and papers including:
      - A letter from the Three Spires Heritage Society seeking a meeting with the Committee to discuss concerns regarding proposals to build a 50 bedroom hotel in the Market Yard, Magherafelt.

Agreed: To arrange a meeting between the Chairperson and Deputy Chairperson and representatives of the Three Spires Heritage Society to discuss their concerns about the proposed development.

      - A letter from the Quarry Products Association seeking to give a presentation to the Committee on concerns about the proposed Aggregates Tax.

Agreed: To invite representatives of the Quarry Products Association to give a presentation to the Committee at a future Committee meeting.

      - A response from the Department of the Environment to a request by the Committee for Enterprise, Trade and Investment for information about planning applications for wind farms at Binn Mountain, Co. Tyrone and Tappaghan, Co. Fermanagh.

Agreed: To forward the Department's response to the Committee for Enterprise, Trade and Investment.

    - A copy of a letter from a member of the public regarding the Department's arrangements to monitor planning applications and to bring forward an AONB Management Plan for the Causeway coast area.
      - A letter from the Department of the Environment and a draft Committee response to a member of the public regarding concerns about housing development on the Causeway Coast area.

Agreed: To issue the draft response.

    - Copies of letters submitted to the Department of the Environment and the Committee for Agriculture and Rural Development regarding concerns raised by Lough Neagh Advisory Committee about the NI Eutrophication Strategy.
      - A letter from the Department of the Environment and a draft Committee response to a member of the public and Down District Council about concerns about a planning application for a radio base station at Church Street, Downpatrick.

Agreed: To write urging the Department to apply the 'precautionary principle' to any planning applications for masts prior to the introduction in April 2002 of legislation requiring full planning control for all telecommunication development.

      - A letter from the Ulster Architectural Heritage Society regarding concerns about the recent decision to drop legal action over the demolition of Clough House, Clough.

Agreed: To write to the Department seeking a specific response on the questions raised in the Ulster Architectural Heritage Society's letter of 7 January 2002.

      - A response from the Department of the Environment to concerns raised by a waste management company about delays in producing the Northern Ireland Waste Management Strategy and the alleged lack of planning decisions on landfill sites.

Agreed: To forward the Department's response to the waste management company and to the Committee for Enterprise, Trade and Investment

      - A response from the Department of the Environment to concerns raised by the Committee for Culture, Arts and Leisure about water quality in the vicinity of Dunore Point Water Treatment Works.

Agreed: To forward the Department's response to the Committee for Culture, Arts and Leisure.

      - Information from the Department of the Environment regarding drug driving.

Agreed: That the Committee Secretariat will provide further information on ongoing research in GB into drug driving.

    - Information from the Department of the Environment on the outcome of its consultation exercise on proposals to review supplementary planning guidance document 'DCAN 4 - Restaurants, Cafes and Fast Foods Outlets'.

Mr Leslie and Mr McClarty left the meeting at 12.33 p.m.

(ii) The Committee noted the Office of the First Minster and Deputy First Minister's proposed Terms of Reference for the Review of Public Administration.

Agreed: To consider in full at next week's meeting.

7. Next Meeting

The next meeting is scheduled for Thursday 21 February 2002 at 10.30 a.m. in Room 144, Parliament Buildings.

The meeting adjourned at 12.35 p. m.

Dr Wm. McCrea MLA (Chairperson)