Committee for Agrivculture, Environment and Rural Affairs

Minutes of proceedings 17 February 2022

Present
Patsy McGlone MLA                          

Present by Video or Teleconference:
Declan McAleer MLA (Chairperson)                                                     
Philip McGuigan MLA (Deputy Chairperson)
Rosemary Barton MLA
John Blair MLA
Thomas Buchanan MLA
Harry Harvey MLA
William Irwin MLA

Apologies: 
None

Present: 
Nick Henry, Clerk
Oliver Bellew, Assistant Clerk
Emma Magee, Clerical Officer

In Attendance by Video or Teleconference: Elaine Farrell, Clerical Supervisor

The meeting commenced at 10.03 a.m. in Open Session.

1. Apologies

None.

2. Chairperson’s Business

Multi-Year Budget Proposals

The Committee noted a briefing paper by the Clerk in relation to the 2022-2025 multi-year budget proposals.

The Chairperson reminded Members that the Minister of Finance had advised that he would be unable to bring the draft 2022-25 Budget before the Assembly for debate but that the Finance Committee had requested the Committee’s views to assist with their scrutiny.

Agreed: The Committee agreed its position on the proposals and agreed to forward it to the Committee for Finance.

Agreed: The Committee agreed to write to the Department to seek an update in respect of opening of applications to the UK Shared Prosperity Fund and the process by which the Department intends to bid for monies to replace EU funding. 

3. Draft Minutes

Agreed: The Committee agreed the minutes of the meeting held on 10 February 2022.

4. Matters Arising

Issues with Planning Applications

The Chairperson informed Members that, further to the Committee’s discussion on prevailing capacity issues in relation to planning applications, departmental officials had agreed to provide an oral briefing at the meeting scheduled for 3 March 2022.

Organic Egg Sector

Members noted a departmental response to queries it had raised on the implications for the local organic egg sector and its compliance with EU regulations.

The Committee noted the complexity of the new EU regulations and the lack of updated guidance for local institutions. 

The Chairperson informed Members that there were currently no plans for Great Britain to adopt any of the new regulations and that divergence in organic standards between GB and Northern Ireland would be likely.

Agreed: The Committee agreed to write to the Department to highlight its concerns around the potential impact on local producers and to seek assurance that issues regarding divergence will be communicated via appropriate common frameworks.

Agreed: The Committee also agreed to write to the Department to seek clarity on the process it has in place to be notified of changes to EU regulations which will continue to apply in Northern Ireland in respect of the protocol. 

5. Oral Briefing: DAERA – Green Growth Strategy

The Chairperson reminded Members that the Committee had been scheduled to receive a briefing on the proposed way forward for the Green Growth Strategy but, as a result of uncertainty around multi-year budgets and climate change legislation, it is not possible to set definitive plans for future direction.

Members noted that officials would, instead, provide a briefing on the Strategy’s workstreams and development work to date.

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

Arron Wright – Director Green Growth & Climate Action Division, DAERA

Lisa Jane McIlveen – Head of Green Growth Branch, DAERA

Judith Wilson – Green Growth Division, DAERA

This was followed by questions from Members.

The Chairperson thanked the officials for the briefing.

6. Stakeholder Oral Evidence Session – Agricultural Support Common Framework

The Committee noted a briefing memo by the Clerk which provided a summary of the key aspects of the Agricultural Support Common Framework. The Committee also noted correspondence from the House of Lords Common Framework Scrutiny Committee to the Department for Business, Energy and Industrial Strategy in respect of its concerns of the impact of the Subsidy Control Bill and its interaction with Frameworks.

The Chairperson invited the Clerk to brief the Committee on the salient points of the Framework.

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

William Irvine – Deputy President, Ulster Farmers Union

Ian Stevenson – Chief Executive, Livestock and Meat Commission

The Committee discussed the proposed framework with the representatives.

The Chairperson thanked the representatives for their engagement. 

7. Stakeholder Oral Evidence Session – Chemicals and Pesticides Common Framework

The Committee noted a briefing memo by the Clerk which provided a summary of the key aspects of the Common Framework on Chemicals and Pesticides.

The Chairperson welcomed the following representatives to the meeting. 

Dympna Gallagher – Head of Drinking Water Regulation, NI Water

Rebecca Allen – Catchment Liaison Officer, NI Water

Bruce Steele – Chairperson, Ulster Arable Society

William Irvine – Deputy President, Ulster Farmers Union

The Committee discussed the proposed framework with the representatives.

The Chairperson thanked the representatives for their engagement.

8. Written Briefing: DAERA – Statutory Instrument: Market Surveillance

(Northern Ireland) (Consequential Amendment etc.) Regulations 2022

The Committee noted a Departmental written briefing on a proposed statutory instrument in respect of the Market Surveillance (Northern Ireland) (Consequential Amendment etc.) Regulations 2022.

The Chairperson informed Members that the proposals were subject to the draft affirmative procedure and were intended to be laid by BEIS on or before 22 February 2022.

Agreed: The Committee agreed to write to the Department to note the impending introduction of the regulation. 

The following Members indicated that they would not be supportive of the proposals because they are related to the implementation of the Protocol and requested that this position be recorded:

Rosemary Barton MLA

Thomas Buchanan MLA

Harry Harvey MLA

William Irwin MLA

9. Written Briefing: DAERA – SL1: The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022

The Committee noted a departmental written briefing on regulatory proposals which sought to update the Marine Licensing (Exempted Activities) (Amendment) Order (NI) 2011 and ensure consistency in marine licensing between local waters and the UK.

Members were reminded that the Committee had previously considered the outcomes of the Department’s consultation on exempted activities requiring a marine license.

Agreed: The Committee agreed to write to the Department to express its content with the proposals in principle subject to satisfactory clarification on:

• How in-shore exempted activities will differ from those in Ireland following the amendments;
• Whether in-shore local exemptions will align with off-shore regulations as directed by the UK Government;
• Whether the proposed amendments need to be raised and highlighted under the auspices of a Common Framework.

10.  ESR Report - SR 2021/346: The Direct Payments to Farmers (Review of   Decisions) Regulations (NI) 2021

The Committee noted a tabled report by the Examiner of Statutory Rules in respect of SR 2021/346 – The Direct Payments to Farmers (Review of Decisions) Regulations (NI) 2021. The Chairperson informed Members that the ESR had no comments to make on the draft Rule.

Agreed: The Committee for Agriculture, Environment and Rural Affairs considered SR 2021/346: The Direct Payments to Farmers (Review of Decisions) Regulations (NI) 2021, and had no objection to the Rule.

11. Written Briefing –DAERA: Statutory Instrument – The Agriculture and Horticulture Development (Amendment) Order 2022

The Committee noted a Departmental written briefing in respect of a draft affirmative statutory instrument in relation to the Agriculture and Horticulture Development (Amendment) Order 2022. 

The Chairperson informed Members that DEFRA had notified of its intention to lay the draft rule on 29 March 2022.

The Committee discussed the implications of the legislative proposals.

Agreed: The Committee agreed to write to the Department for clarity and assurance on the proposed revisions in respect of how other agricultural industries may be affected in the future.

12.  Written Briefing – DAERA: The Common Agricultural Policy (Cross Compliance Exemptions and Transitional Regulation) (Amendment) (EU Exit) Regulations 2022

The Committee noted a departmental written briefing on the Common Agricultural Policy (Cross Compliance Exemptions and Transitional Regulation) (Amendment) (EU Exit) Regulations 2022 which had been proposed DEFRA.

Members noted the Minister’s intention to support the policy proposals.

The Chairperson informed the Committee that the provisions would have an impact on horticultural producers in receipt of support via the Fruit and Vegetable Aid Scheme due to limitations and restrictions on schemes and programmes.

Members noted that, to date, the Department had not carried out a consultation on the proposals with local stakeholders.

Agreed: The Committee agreed that it would not be in a position to support the policy proposals until the Department had engaged with the relevant beneficiaries of the FVAS in relation to the alternative provision of support. The Committee agreed to write to the Department to encourage officials to liaise with producers who may be affected.

13.  Written Briefing - The Ivory Prohibition (Civil Sanctions) Regulations 2022

The Committee noted a departmental written briefing in relation to the Ivory Prohibition (Civil Sanctions) Regulations 2022.

The Chairperson informed Members that the proposed regulations sought to empower DAERA officials to investigate any breaches of licensing for trade of ivory products on behalf of the Animal Plant and Health Agency.

Agreed: The Committee agreed to notify the Department of its content with the policy proposals.

14. Correspondence

i. Departmental response in respect of queries arising from the Committee meeting on 27 January 2022. The Department has confirmed that a review of its estate utilisation will commence in September 2022 as part of wider strategic evaluation of the use of its capital assets. This will include examining opportunities for efficiencies in the utilisation of its office accommodation.

ii. Department’s response to the Committee’s outstanding queries regarding its 2022-25 multi-year budget proposals.

iii. Departmental correspondence in relation to the Committee’s request for further information on NIEA’s oversight of Dalradian.

iv. Cross-departmental correspondence to confirm that the deadline for consultation responses in respect of the “A Domestic and Sexual Abuse Strategy and An Equally Safe Strategy: a Strategy to tackle Violence Against Women and Girls” has been extended to 21 March 2022.

v. Response from the Exchequer Secretary to the Treasury to the Committee’s correspondence outlining its concerns about the impending rebate reduction in red diesel and the potential impact for businesses and owners of vehicles used for permitted and non-permitted purposes. Agreed: The Committee agreed to reply to the Treasury to voice its dissatisfaction with the response and to highlight the consequential implications to the wider economy of not reducing the rebate. The Committee further agreed to request an oral briefing from representatives of the Construction Employers Federation to explore their views on the implications of the reduction.

vi. Response from the Minister for Finance to the Committee’s letter of 20 January 2022 regarding the on-going labour issues across the economy and measures to address.

vii. Ministerial correspondence to advise the Committee of an extension to the consultation period for scrutiny of the JFS across jurisdictions to 12 April 2022.

viii. The Department has replied to the Committee’s queries regarding implications for the local organic egg sector in respect of compliance with EU regulations.

The Chairperson reminded the Committee that the issue had been dealt with under Chairperson’s Business.

ix. Departmental response to the Committee’s questions about how grassroots communities will be engaged with in terms of future RDP policies.

Agreed: Members agreed to forward any comments they had to the Clerk.

x. Departmental response to the Committee’s queries regarding the use of Glyphosphate substances.

Agreed: The Committee agreed to forward a copy of the response to the Committee for Education, for information.

xi. The Committee for the Executive Office has written to the Committee seeking its views on the Draft Investment Strategy to be returned by 3 March 2022.

Agreed: Members agreed to forward views to the Clerk, by close of play

Friday, in order to form a Committee position on the draft Strategy. The Committee agreed that the Committee position would then be forwarded to the Executive Office.

15.  Forward Work Programme

Agreed: As Thursday 17 March 2022 is the St Patrick’s Day Bank Holiday, the Committee agreed to meet on Wednesday 16 March 2022.

Agreed: The Committee agreed the draft Forward Work Programme.

16. Any Other Business

The Committee discussed qualifying criteria for Covid support funding and the various business sectors which may have been eligible for financial aid. Members highlighted, with concern, the many businesses involved in the supply chain to such beneficiaries but were ineligible to claim support. 

Agreed: The Committee agreed to write to the Department for the Economy to highlight the potential need for support to producers with diminished income as a result of pandemic restrictions.

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 24 February 2022 at 10.00 a.m. and will be a hybrid meeting streamed on the Assembly’s website.

Agreed: The Committee agreed to move to closed session.

12.20 p.m. The Committee moved to closed session.

18. Consideration of draft Committee Report – Women in Farm Management

Members noted a draft Committee Report on its min-inquiry into Women in Farm Management. 

The Chairperson invited the Clerk to brief the Committee on the next steps for agreeing and publishing the Report.

Agreed: The Committee agreed that the Clerk would draft a plenary motion in relation to the Report for consideration by the Business Committee. The Committee agreed that arrangements be made to launch the Report.

19. Consideration of Committee Position: Future Agricultural Policies

The Committee noted a draft position paper on its consideration of the proposed Future Agricultural Policies.

The Chairperson invited the Clerk to brief Members on the draft paper.

Agreed: The Committee agreed that the Clerk would amend the position paper to reflect Members’ comments and subsequently forward it to the Department for information.

The meeting was adjourned at 1.24 p.m.

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