Minutes of Proceedings - 29 November 2001

Minutes of the meeting held on Thursday, 29 November 2001 in Room 144, Parliament Buildings.

Present: 
Rev Dr Wm. McCrea (Chairperson)
Ms C Hanna (Deputy Chairperson)
Mrs J Carson
Mr A Doherty
Mr D Ford
Mr J Leslie
Mr M McLaughlin
Mr E Poots
Mr D Watson

Apologies: 
Mr M Murphy

In Attendance: 
Mr J Simmons (Committee Clerk)
Miss J Adair (Assistant Clerk)
Mr J Beatty (Assistant Clerk) 
Mr J Nulty (Executive Support)
Mr M McCourt (Administrative Support)

The meeting commenced at 10.32 a.m.

1. Minutes of previous meeting

The minutes of the meeting of 22 November 2001 were agreed.

2. Replies Outstanding

(i) Proposed Ferry - update awaited from Newry and Mourne District 
Council.

(ii) Dumping of Toxic Waste - reply awaited from the Department of the 
Environment.

(iii) Ballyrickard Landfill Site - replies awaited from Larne Borough Council 
and the Department of the Environment.

(iv) Sellafield MOX Plant - reply awaited from the Minister of the 
Environment.

(v) Cut in the Resource Element of the General Exchequer Grant - reply 
awaited from the Minister of the Environment; and

(vi) School Transport Inquiry - replies awaited from the Minister of the 
Environment and the Employment and Learning Committee.

Mr Leslie joined the meeting at 10.35 a.m.

3. Local Government (Best Value) Bill

Mr Poots joined the meeting at 10.40 a.m.

Dr Wm. McCrea, Ms C Hanna and Mr E Poots declared an interest as Local Government Councillors before this item was discussed.

Mrs Carson joined the meeting at 10.45 a.m.
Mr McLaughlin joined the meeting at 10.52 a.m.

The Committee gave formal Clause by Clause consideration of the Local 
Government (Best Value) Bill.

Clause 1 (The Duty of Best Value)

The question was put:
"That the Committee is content with Clause 1"
The question was negatived - Mr Leslie abstained from this vote.

Clause 2 (Best Value guidance, performance indicators and standards)

The question was put:
"That the Committee is content with Clause 2"
The question was negatived.

Clause 3 (Audit of Plans)

The question was put:
"That the Committee is content with Clause 3"
The question was negatived.

Clause 4 (Audits under Section 3: Ancillary Provisions)

The question was put:
"that the Committee is content with Clause 4"
The question was negatived.

Clause 5 (Response to Audit)

The question was put:
"That the Committee is content with Clause 4"
The question was negatived.

Clause 6 (Contracts, exclusion of non-commercial considerations)

The question was put:
"That the Committee is content with Clause 6"
The question was negatived.

Clause 7 (Powers to disapply)

The question was put:
"That the Committee is content with Clause 7"
The question was negatived.

Clause 8 (Interpretation)

The question was put:
"That the Committee is content with Clause 8"
The question was negatived.

Clause 9 (Amendments and repeals)

The question was put:
"That the Committee recommends to the Assembly that Clause 9 be amended as follows: in page 5, lines 21 to 23, leave out subsection (1)"
The question was agreed to.

Clause 10 (Commencement)

The question was put:
"That the Committee is content with Clause 10"
The question was agreed to.

Clause 11 (Short title)

The question was put:
"That the Committee recommends to the Assembly that Clause 11 should be amended as follows: in page 5, line 32, leave out the words
"(Best Value)"
and insert the word
"(Amendment)" "
The question was agreed to.

Long Title

The question was put:
"That the Committee recommends to the Assembly that the long title be amended as follows; in page 1, leave out
"..imposing on district councils requirements relating to economy, efficiency and 
effectiveness and for connected purposes."
and insert
"…for the abolition of a district council's duty to operate compulsory competitive 
tendering."
The question was agreed to.

Agreed: That the Secretariat would provide 
a draft Committee Report for 
consideration at next week's 
meeting.

4. Update on Waste Management Plans/Budget

The Committee considered letters from the 3 Waste Management Regional Partnership Groups and the Department of the Environment regarding the progress made in the development of waste management plans and in taking up the £2.5m remaining allocation for the development of a waste management strategy in this financial year.

Agreed: To write to the 
Department and the 
3 Waste Management 
Regional Partnership 
Groups regarding the 
rate of progress in the 
allocation of the £2.5m
available for waste 
management within this 
financial year's budget

Mr Leslie left the meeting at 11.07 a.m. and returned at 11.17 a.m.

5. The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations (Northern Ireland) 2001

Mr Clifford Henry and Mr David Bell, Officials from the Department, joined the meeting at 11.21 a.m. After giving a presentation to the Committee on the above consultation paper; they answered questions from the Members.

Mr Leslie left the meeting at 11.47 a.m. and returned at 12.00 noon

The Chairperson thanked the Officials for their attendance and they left the meeting at 12.19 p.m.

Ms Hanna left the meeting at 12.20 p.m. and returned at 12.23 p.m.

Mr Douglas Rowe, Mr Wilbert Mayne, Mr Greg Shannon and Miss Gillian Briggs, of the Ulster Farmers' Union joined the meeting at 12.20 p.m. They gave a presentation on their views on the proposed Regulations and then answered questions from the Members.

Mr McLaughlin left the meeting at 12.34 p.m.

The Chairperson thanked the Ulster Farmers' Union representatives for their attendance and they left the meeting at 1.04 p.m. Departmental Officials briefly rejoined the meeting. and replied to some of the issues raised by the Ulster Farmers' Union.

Mrs Carson left the meeting at 1.05 p.m.

The Chairperson thanked the Officials and they left the meeting at 1.12 p.m.

Agreed: That Departmental Officials would attend a future meeting of the Committee to give a presentation on the outcome of further consultation with the Ulster Farmers' Union.

6. Revised Draft Response on Motor Vehicles (Construction & Use) (Amendment) Regulations (Northern Ireland) 2001

The Committee noted a revised draft response on the above consultation document and a letter from the Department of the Environment clarifying the impact on the 'three for two' concession on Translink vehicles used for school transport and the legal position for Education and Library Board buses operating a 'three for two' policy.

Agreed: Members to advise the 
Secretariat by close
Monday 3 December on 
any proposed amendments 
or comments on the revised 
draft response.

7. Any other Business

(i) The Committee noted a number of letters including:
- A letter from the Committee for Finance and Personnel regarding progress on the Northern Ireland Civil Service Accommodation Review;
- A letter from the Department of the Environment regarding the proposed appointments/re-appointments to Local Government Staff Commission;

- Letters from the National Trust and a member of the public regarding concerns about the use of private sector funding for the proposed developments at the Giant's Causeway and UNESCO's reported concerns about the status of the Causeway as a World Heritage site;
- A letter from the Department of the Environment regarding concerns about proposals for an arts, crafts and cultural centre at the Nook, Giant's Causeway; and
- Information from the Examiner of Statutory Rules regarding the Road Traffic Offenders (Additional Offences and Prescribed Devices) Order (Northern Ireland) 2001.

8. Next Meeting

The next meeting was scheduled for Thursday, 6 December 2001 at 10.30 a.m. in Room 144, Parliament Buildings.

The meeting adjourned at 1.15 p.m.

Signed

Dr Wm. McCrea MLA (Chairperson)