Minutes of Proceedings - 29 January 2002

Minutes of the meeting held on Tuesday, 29 January 2002 in the Senate Chamber, Parliament Buildings.

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 McLaughlin
Mr M Murphy
Mr E Poots

Apologies: -
Mrs J Carson
Mr D Watson

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 11.32 a.m.

  • Minutes of previous meeting

The minutes of the meeting of 24 January 2002 were agreed.

Dr Wm. McCrea, Ms P Lewsley, Mr D McClarty, Mr M Murphy and Mr E Poots declared an interest as Local Government Councillors before the next two items were discussed.

  • Update and Consideration of Evidence received on Local Government (Best Value) Bill

The Chair and Deputy Chairperson reported to the Committee on a meeting with Departmental Officials earlier that morning regarding the Department's response to the Committee's letter seeking clarification on issues relating to the Minister of the Environment's proposals for a revised 7 clause Bill.

In their response, the Department agreed to propose that, in the Long Title of the Bill, the word 'duty' should be prefixed by 'general' and that the word 'impose' should be replaced by 'placing'. The Department also proposed to remove the term 'imposed' in Clause 3 subsections (1) and (2).

The Committee noted responses from District Councils, the Northern Ireland Public Service Alliance and the Association for Public Service Excellence regarding the Minister's proposed revised 7 Clause Bill. The responses were generally favourable, however, concerns remained particularly regarding the need to include 'environment' and 'equality' to the elements which Councils should have regard to in making arrangements for Best Value and the need for any guidance to be subject to full consultation and scrutiny by the Committee.

The Committee also noted guidance provided by the Secretariat on the possible withdrawal of some of the Committee's notified opposition to and amendments of the Bill in light of the Minister's proposal for a revised 7 Clause Bill. The Committee also noted a draft paper on the possible procedure for the Consideration Stage debate on the Local Government (Best Value) Bill scheduled for Monday 4 February 2002.

  • Presentation by Departmental Officials

Mrs Cynthia Smith and Mr David Barr, Officials from the Department of the Environment, joined the meeting at 11.58 a.m. They gave a short presentation and answered Members' questions on the issues raised by the Committee on the Department's letter of 28 January 2002 on the Minister's proposed revised 7 Clause Bill including:

  • The need to include 'environment' and 'equality' to the elements which Councils should have regard to in making arrangements for Best Value. The Officials agreed to consider including a reference in the Bill's Explanatory & Financial Memorandum and in any guidance issued by the Department that Councils should consider all statutory obligations - including equality and environment - in making arrangements for Best Value.
    • Officials also agreed that any guidance should be subject to full consultation and scrutiny by the Committee and explained the Department's proposals to broaden the membership of the Best Value Steering Group to ensure it would be fully representative.

Mr Leslie left the meeting at 12.42 p.m.
Mr Poots left the meeting at 12.44 and returned at 12.48 p.m.
The Chairperson thanked the Officials and they left the meeting at 12.45 p.m.
Mrs Lewsley left the meeting at 12.45 p.m.

Agreed: The Committee agreed to ask the Minister of the Environment to write, as a matter of urgency, confirming the Department's commitment to specific points on the way forward on this Bill, which had been discussed with the Officials.

The Committee agreed to defer consideration of the withdrawal of some of the Committee's proposed oppositions to and amendments of the Bill until the meeting on Thursday 31 January 2002 following receipt of the Minister's letter.

  • Any other Business

It was noted that the Committee meeting of 7 February 2002 will not commence until 11.00 a.m.

  • Next Meeting

The next meeting is scheduled for Thursday 31 January 2002 at 11.00 a.m. in Room 144, Parliament Buildings.

The meeting adjourned at 12.50 p.m.

Signed
Dr Wm. McCrea MLA (Chairperson)