Agriculture, Environment and Rural Affairs Committee

Minutes of Proceedings - 7 November 2024

Committee for Agriculture, Environment and Rural Affairs - Minutes of Proceedings 7 November 2024.pdf (259.74 kb)

Parliament Buildings, Room 21

Present:

Robbie Butler MLA (Chairperson)

Declan McAleer MLA (Deputy Chairperson)

Nicola Brogan MLA             

Tom Buchanan MLA

William Irwin MLA

Patsy McGlone MLA

Michelle McIlveen MLA   

Present by Video or Teleconference:

John Blair MLA

Áine Murphy MLA

Apologies:   

None

In Attendance:

Dr Janice Thompson, Assembly Clerk
Mrs Gillian Barker, Assistant Assembly Clerk
Mr Michael Greer, Clerical Supervisor
Mr Damien Brown, Clerical Officer

The Committee noted the concurrent meeting with the Committee for Infrastructure is organised for Tuesday 12 November at 10.00 am in the Senate and that both Committees will be briefed by the Ulster Farmers’ Union on the Western Transport Corridor A5.

The Meeting Opened in Public Session at 10.04 am

The Chair reminded Members of the ‘Declaration of Interests’ and asked if there are any new interests to declare, relevant to the items under consideration at this meeting, that had not already been declared at the first meeting.

1. Apologies

None       

2. Chairperson’s Business

The Chair advised that he has received an invitation from RSPB to meet with John Martin, Head of Policy regarding matters they wish to raise, including a proposed Nature Restoration Bill, proposals for a new Agriculture Act, Implementation of the Climate Change Act and the need for an Environmental Protection Agency. 

Agreed: The Committee noted the RSPB is already on the list of potential visits and agreed this remains on the Forward Work Programme.

The Chair advised the Committee he will be travelling with the Committee for Procedures to the Scottish Parliament on December 4 and 5.  

Agreed: The Committee noted the visit and the Deputy Chair agreed to chair the meeting of 5 December.

The Chair advised the Committee that it had been alerted by the Finance Committee to the Minister of Finance’s statement on 4 November regarding Public Expenditure: Outcome of Chancellor’s Statement.

The Committee noted the section regarding ‘Agriculture Funding’ – “Previously the Executive received ringfenced allocations for both agricultural and fisheries support based on the level of EU funding in 2019. This £332.5 million has now been included in the Executive’s baseline from 2025-26. It will therefore now be for the Executive to agree funding for Agriculture as part of the budget process”.

Agreed: The Committee agreed to write to the Minister to state that, in this new funding landscape, they share his concerns and to reassure him of Members continued support in seeking to maximise the allocations to these sectors to ensure stable funding going forward.

3. Minutes

Minutes of the 24 October 2024 were signed by the Chair, and agreed to be published.

4. Matters Arising

The Committee considered the response from the Department, dated 23 October, regarding the delivery of TRPSI Funding.

The Committee had asked if DAERA has engaged with rural voluntary and community groups, to establish whether they were under pressure regarding the security and continuity of their funding, in particular, to deliver services to tackle rural poverty and isolation. 

The Committee noted that the Minister had met with key rural stakeholders including Rural Community Network, Rural Support, Rural Action, representatives from Rural Support Networks and NI Rural Women’s Network at various engagement events but also formerly as a group on 2 July and 8 October. 

He has allocated funding, from his constrained budget, to Tackling Rural Poverty and Social Isolation Action Plan for 2024/25.

Agreed: The Committee noted they will be visiting Loughry College on 21 November when they will hear from the rural groups and in the meantime were content to note the response.

The Committee considered the response from the Department dated 23 October, regarding the Disposal Facilities for Solid Radioactive Waste.

The Committee noted that there are 49 operators holding certificates under the Radioactive Substances Act 1993 – the certificate allows for work to be carried out on mobile radioactive sources in Northern Ireland.

The response also stated that there are public registers held both by NIEA and local councils, which are available dependent on the type of radioactive substance held.  Information held on sealed source holders is not released to the public.  

The response also confirms that there are no plans or considerations to approve a radioactive waste disposal facility in Northern Ireland at this time as there would not be a sufficient volume of such waste.

Agreed: The Committee noted the response from the Department on these matters and had no further comments.

The Committee considered correspondence from the Department dated 25 October regarding Monitoring Round Proposals, following on from the briefing on 3 October.

The Committee noted the Department has no reduced requirements and no change to the overcommitment reported to the Committee on 3 October.  Also, there has been no change in the main Resources DEL and Capital DEL Department positions, which have been reflected in the proposals for the October Monitoring Round.

Agreed: The Committee noted the correspondence.

The Committee considered correspondence from the Aquaculture Representatives Group (ARG), dated 5 November 2024.

At its meeting on 4 October the Committee agreed to forward to ARG the Department’s response regarding current and future challenges for the sector.

The Committee noted that this was ARG’s follow up response, which includes concerns for the lack of practical support for the sector from the Department and have requested a meeting with the Committee to set out their main concerns.

Agreed: The Committee agreed to arrange a briefing from ARG and add to the FWP.

Mr Patsy McGlone MLA joined the meeting at 10.13 am

The Departmental Officials joined the meeting at 10.14 am

5. Oral Briefing from the Department – SL1 The Environmental Protection (Single use vapes) Regulations (Northern Ireland) 2024

The Committee noted the following papers:

• The SL1 The Environmental Protection (Single use vapes) Regulations (Northern Ireland) 2024, including the explanatory papers.

The Committee noted that this matter was discussed at its meeting on 17 October, when the oral briefing was requested and that the SR will be subject to negative resolution procedure.

The Committee noted the SR stems from the UK-wide consultation on ‘Creating a smoke free generation and tackling youth vaping’, including proposals to ban the sale and supply of single use vapes across the UK using environmental powers.  The SR recognises the strong support from the Northern Ireland public for a ban on single use vapes in the consultation.

The Committee noted that the SL1 has been slightly revised:

• The coming into force date is now 1st June 2025;
• The pre-amble refers to Article 32 instead of Section 32 and it now refers to the whole of Article A32 rather than sub parts;
• Under offence and Penalties (4) – the third paragraph 3 and 3(a) and 3(b) are now removed; and
• Under enforcement 6(1) the words “or an authorised person” is removed and 6(3) is now removed completely.

The following Departmental Officials joined the meeting;

• Mr Tommy McNamara, Head of Branch, Extended Producer Responsibility Team;
• Mr Stephen Clegg, Policy Advisor Vapes and Waste Electricals; and
• Ms Denise Donald, Policy Advisor – Vapes.  

The Officials briefed the Committee and there then followed a question and answer session. 

Agreed: The Committee agreed to write to SOLACE regarding resources for the enforcement of selling and supplying ‘single use vapes’, once a ban comes in; and to ask the level of engagement Councils have had with DAERA on this matter.

Agreed: The Committee were content for the Department to make the SR, which they will consider formally in due course.

Ms Áine Murphy MLA joined the meeting via Video at 10.30 am

The Departmental Officials left the meeting at 10.34 am

6. Oral Briefing from Northern Ireland Environment Agency – SI The Greenhouse Gas Emissions Trading Scheme (Amendment) (No.2) Order 2024.  [Agenda Item recorded by Hansard]

The Committee noted the following papers:

• Letter from the Department – Greenhouse Gas Emissions Trading Scheme (Amendment) (No.2) 2024; and
• The Greenhouse Gas Emissions Trading Scheme (Amendment) (No.2) Order 2024.

The Committee noted that the draft SI was laid in the Assembly on 22 October and it is intended that it will come into force on 1 January 2025 - subject to the outcome of debates to be held in all UK legislatures.  Also that Minister Muir gave consent for the draft SI to be laid before the NI Assembly under the Affirmative Resolution procedure.  The SI was simultaneously laid before each House of Parliament, NI Assembly, Scottish Parliament and Senedd Cymru.

The following Departmental Officials joined the meeting:

• Richard Coey – Head of Emissions, Trading Policy Branch; and
• Anna McMahon – Deputy Principal – Emissions Trading Policy. 

The Officials briefed the Committee and there then followed a question and answer session. 

Agreed: The Committee agreed to write to the Department for clarity on the area of ‘Aviation Free Allocation Entitlements and Free Allocation Cap’, that is military flights, and if included, are domestic and foreign flights dealt with separately. 

Agreed: The Committee noted the SI will come into force on 1 January 2025.

The Departmental Officials left the meeting at 10.49 am

Mr John Blair MLA joined the meeting via video at 10.55 am

7.  Briefing from the Ulster Angling Federation

The Committee noted the Ulster Angling Federation briefing paper, that the Federation is the official voice for angling clubs throughout Northern Ireland and has been committed to serving the angling community since the 1930s, including game, coarse, and sea angling.

The Federation has a membership base comprising around 60 clubs and approximately 8,000 individual anglers, which work in close collaboration with the NICS Departments, public bodies, and other angling stakeholders.

The Committee welcomed the following to the meeting:

• Mr Gary Houston, Chairperson;
• Mr Jim Haughey, Treasurer;
• Mr David Thompson, Club Development Officer; and
• Mr Trevor Oghorn, Director.

The Committee heard about the roles that angling can play in improving the lives of children, young people and adults. However, if the Federation is to fulfil its potential in society and provide support to DAERA, much more needs to be done to develop the sector and share good practice.

Agreed: The Committee noted these concerns and agreed to write to the Department to raise a number of issues including:

• If the Department recognises and will support the ‘Fishing for Schools’ project for Northern Ireland, which offers children the potential to learn more about fishing, wildlife, ecology and the natural environment as well as facilitating social and personal development;
• That the Federation has concerns regarding the control of ‘invasive species’ and what steps is the Department is taking to address this matter, specifically roach in Hillsborough Lake and Castlewellan Lake;
• Regarding the current role of the DAERA Fishery Protection Officers, if there is merit in the Department investigating what could be achieved by training bailiffs, for example, to take water samples, count fish kill and investigate the source of the pollution in a more timely way; and
• The Federation has concerns regarding the liquid waste from some anaerobic digesters and ask if NIEA are aware of and/or monitoring or controlling this issue, as this liquid digestate goes mainly into the main water infrastructure system.

Agreed: The Committee noted the offer of a visit to an Angling Club. 

The Ulster Angling Federation Officials left the meeting at 11.59 am

8. Members’ Bill Proposal – Hunting of Wild Mammals Bill

The Committee noted correspondence from John Blair MLA initiating a Members’ Bill – ‘Hunting of Wilds Mammals Bill’, which included his initial Proposal Form.

The Committee thanked Mr Blair for bringing this proposed Bill to the Committee’s attention and noted the consultation period would end on 13 January 2025.

Agreed: The Committee agreed to receive a further briefing from Mr Blair MLA in due course.

The Committee noted that the Deputy Chair, Mr Declan McAleer will be proposing a Members’ Bill focused on the Areas of Natural Constraint (ANC) Scheme.  The draft Bill is currently open for public consultation.

Agreed: The Committee noted the proposed Members’ Bill and that they will be briefed in due course.

The meeting was suspended at 12.13 pm

The meeting reconvened at 12.27 pm

Mr Tom Buchanan MLA left the meeting at 12.27

Mr Patsy McGlone MLA left the meeting at 12.30

9. Departmental Written Briefing – The Northern Ireland Climate Commissioner Regulations (Northern Ireland) 2024.

The Committee noted the following papers:

• TEO Committee’s Clerk’s Memo to AERA Committee regarding SL1 ‘The Northern Ireland Climate Commissioner Regulations (Northern Ireland) 2024’; and
• AERA Clerk’s Memo dated 6 November, highlighting the consideration of the previous Committee on the proposed NICC.

The Committee noted that TEO has had ongoing engagement with key stakeholder groups regarding the development of these Regulations and the primary legislation has been debated extensively in the Assembly.

The Committee noted that TEO highlight some administrative omissions in the Act and operational omissions, which Officials will need to rectify via amendments to primary legislation prior to establishing the NICC. 

The Committee noted NICC is to have the following functions to:

• oversee and report on the exercise of functions of NI Departments under the Act;
• provide advice and make recommendations to NI Departments on the operations of the Act;
• undertake or commission research concerning the operations of the Act;
• monitor the implementation of climate action plans and sectoral policies; and
• publish reports, advice, recommendations and other relevant information relating to the operations of the Act.

The Committee noted that as the primary legislation was debated in the Assembly and has already passed there is no opportunity for a specific public consultation on the NICC. and that

The Committee noted Regulations will come into operation following the date on which they are approved by resolution of the Assembly.

Agreed: The Committee had no comments at this time as no matters can be introduced to the Regulations which are not already allowed for within the Act.

Agreed: The Clerk to request from the TEO Committee Clerk that this Committee be kept updated on how this matter is progressing.

10. Departmental Written Briefing – Update on Work to Establish a Just Transition Commission and Notification of Launch of Public Consultation.

The Committee noted the following papers;

• Clerk’s memo;
• Departmental written briefing; and
• Consultation Document – Just Transition Commission.

The Committee considered the written briefing regarding update on the work to establish a Just Transition Commission and notification of launch of public consultation.

The Committee noted the Department has offered a further briefing after the consultation closes and the responses are analysed.

Agreed: The Committee agreed to receive an oral briefing in due course.

11. Briefing from RaISe – Agri-Food Policy

The Committee considered the written briefing from RaISe which had been  commissioned as another of our focus topics following the Strategic Planning Meeting in April - regarding Agri-Food Policy.

The paper introduces ‘Food’ as a cross-cutting policy area, highlighting that many NI Departments have policies or strategies relating to this area. For example, the Department for Education has a food in schools’ policy that was developed jointly with the previously titled Department of Health, Social Services and Public Safety.  Agri-food is a key sector within the NI economy with agriculture and food & drink processing accounting for 1.6% and 2.6% of Northern Ireland’s overall GVA respectively. Comparatively, the figures for the overall UK GVA are lower at 0.5% and 1.6%.

The Committee noted the following topics within the paper:

• Agri-food as a key sector within the local economy.
• Going for Growth - Northern Ireland’s first cross sectoral food strategy.
• Development of a new Food Strategy Framework, premised on a holistic ‘food systems’ approach.
• Activity in the development of draft strategies and actions impacting on the agri-food policy area, engagement with stakeholders, commissioning of advice and research and ongoing roll out of new initiatives.
• Strong rationale for future agri-food policy and delivery to be under the auspices of the anticipated crosscutting New Food Strategy Framework.

Agreed: The Committee noted the paper and agreed to organise an oral briefing session with RaISe on the paper as soon as possible.

Agreed: The Committee agreed to request a briefing from RaISe on the impact of the inheritance tax/capital gains tax changes on farming.

Agreed: The Committee agreed to request a briefing from RaISe (PFSU) on the impact of the changes to ringfenced funding and the impact this will have on DAERA’s budget going forward, in light of the 30 October UK Budget.

12. Correspondence

The Committee considered correspondence, dated 23 October, from an individual, regarding a BBC News article on the lack of prosecutions for the killing of raptors, and in general killing of wildlife and token penalties for polluting rivers and Lough Neagh. 

Agreed: The Committee agreed to forward to the Department for comment.

The Committee considered three pieces of correspondence, dated 23, 28 and 31 October, regarding the odours in the Lenadoon and Dungloe areas which had been discussed previously by the Committee.  

Agreed: The Committee agreed to write to the Department requestingthe timelines for assessing such complaints, highlighting this example and the concerns of the detriment to people’s mental and physical health.

The Committee considered correspondence, dated 29 October, from the Ulster Farmers’ Union regarding on going issues within the farming community that need addressed by the Minister. They are very frustrated by the lack of meaningful progress on some of these critical areas, for example bTB.

Agreed: The Committee agreed to organise a meeting with the UFU in due course and a date will be added to the FWP.

The Committee considered correspondence from the Department, dated 24 October, regarding ‘Publication of the Air Pollutant Inventories for England, Scotland, Wales and Northern Ireland: 2005-2022’. 

The Committee noted the report and the main findings in respect of Northern Ireland, being that most pollutant levels are lower in 2022 than they were in 2005, except for increased ammonia emissions since 2010 due to rising dairy cattle numbers, and hence increased emissions from manure.

Agreed: The Committee agreed that the air pollutant inventories cover a long period of time and that ammonia emissions have actually decreased again in recent years, since 2022.

The Committee considered correspondence dated 19 October regarding 2024-25 public expenditure outturn and forecast outturn information’s – September (R06) position. The paper reports expenditure categories against Non Ring-fenced Resource DEL; Ring-fenced Resource DEL; Capital DEL and Ring-fenced Financial Transactions Capital.

Agreed: The Committee noted the paper also included Departmental Over-commitments and Forecast Variances.

The Committee considered Memo from the Clerk to the Committee for Finance, dated 24 October, regarding Budget 2025-26 and the future Years information gathering exercise with departmental returns due by Friday 4 October. The Committee noted the exercise was to help inform Executive decisions once the funding ‘envelope’ for 2025-26 was announced by the Chancellor on 30October.

Agreed: The Committee noted the Memo has been issued to all Statutory Committee Clerks and the Audit Committee Clerk for information purposes.

The Committee considered correspondence dated 24 October from Mr JH Allister MP for North Antrim regarding ‘Cranswick Country Foods’ in Ballymena.  The company has asked to brief the Committee investment over the next five years, which could be at risk due to the present planning and environmental regulations.

Agreed: The Committee agreed the Chair and Deputy Chair will initially organise an informal briefing with Cranswick Country Foods.  

The Committee considered the memo from Clerk to the Committee for Infrastructure dated 25 October, regarding zero emissions vehicles and fleet management within DfI.  The Infrastructure Committee agreed to forward the Minister’s correspondence, which is within this correspondence, to all statutory committees for information and suggested that other Committees may wish to engage with their respective departments on this matter.

Agreed: The Committee agreed to write to the Department to request details on how it will be working towards zero emissions regarding their fleets.

The Committee considered the 25^th and 26^th Reports of the Examiner of Statutory Rules. The Committee noted there were no SRs relating to DAERA.

Agreed: The Committee noted ESR’s Reports.

The Committee considered correspondence, dated 25 October, from the Clerk to the Public Accounts Committee regarding review of ‘Primacy’ over reports published up to 22 October 2024, to identify its short to medium priorities.

Agreed: The Committee noted the correspondence.

The Committee considered correspondence, dated 27 October, from the Investment Strategy Northern Ireland [ISNI], Delivery Tracking System Investing Activity Report dated 27 October.

Agreed: The Committee noted the report

The Committee considered correspondence, dated 29 October, from the Office for Environmental Protection, the Annual Report and Accounts 2023/24, from 1 April 2023 to 31 March 2024.

Agreed: The Committee noted the Annual Report and Accounts and agreed to organise a formal briefing in the New Year.  The Committee noted the Chair is meeting informally with OEP on 11 November.

The Committee considered an invitation from Open Strategic Communications, dated 31 October, regarding an invitation from Nicola Carruthers, the spokesperson for Keep Recycling Local to tour Enva's recycling centre located at Toomebridge.

Agreed: The Committee agreed to add the invite to the potential list of briefings and visits.

The Committee considered correspondence ,dated 31 October, from Open Strategic Communications regarding a press release issued on behalf of Firmus Energy on the sale of its gas supply business to the Yuno Group. Firmus stated that this will be a seamless transition that customers will not need to take any action.

Agreed: The Committee noted the correspondence.

The Committee considered correspondence from the Department – Food, Farming and Rural Affairs Group, copy of the report ‘Statistical Review of Northern Ireland Agriculture 2023’.

Agreed: The Committee noted the report.

The Committee considered correspondence, dated 1 November, from the CEO of Lough Neagh Fishermen’s Co-operative, regarding an opportunity to engage with the AERA Committee and to visit their Head Quarters in Toome.

Agreed: The Committee agreed to add to the list of potential briefings and visits.

13. Draft Forward Work Programme

The Committee discussed the draft Forward Work Programme and noted they have two additional meetings Tuesday 12 November; and Tuesday 19 November.    

The Committee noted the concurrent meeting with the Committee for Infrastructure, on Tuesday 12 November to take a briefing from UFU on Western Transport Corridor A5.

The Committee noted the meeting on Tuesday 19 November will take usual Committee business to free up time at Thursday’s meeting on 21 November to hear from the rural groups.

Agreed: The Committee noted the additional meetings.

The Committee noted a change to the Agenda, that the briefing regarding Nutrients Action Programme (NAP) has now been postponed.   The Clerk read a statement from the Department:

Unfortunately, we are not in a position to provide a full briefing to the AERA Committee on the proposed new NAP Measures, at present. While the review of the current NAP has been progressing, the proposed new NAP measures have not been finalised on the timescale originally envisaged. 

We continue to engage with Stakeholders as part of the review process and are working towards a public consultation on the proposed new NAP in early 2025.  We will provide the Committee with an advance copy of the consultation and officials will be happy to provide a full oral briefing to the Committee once it has been launched. The Department apologises for this change of timing.

14. Any Other Business

None

15. Date and Time of Next Meeting

The next meetings of the Agriculture, Environment and Rural Affairs Committee are on Tuesday 12 November, at 10.00 am in The Senate and also Thursday 14 November at 10.00 am in Room 21.

The Meeting then adjourned at 12.55 pm

Robbie Butler MLA, Chairperson