WRITTEN MINISTERIAL STATEMENT

Minister of Culture, Arts and Leisure

Salmon Conservation (17 January)
http://www.niassembly.gov.uk/Assembly-Business/Official-Report/Reports-11-12/1030-1100am--17-January-2012/#a9

The Minister updatedmembers on the state of wild Atlantic salmon stocks in the DCAL jurisdiction and of the need for stakeholders to take action to try to avert further decline in salmon numbers. DCAL commissions AFBI to monitor the status of Atlantic salmon populations in the DCAL jurisdiction. Conservation Limits (CL) have been established for a suite of rivers that represent an index of the river types. These monitored rivers have failed to achieve CL in most years since 2002.  Although the definitive status of all river populations in the DCAL jurisdiction is not known, under the precautionary approach adopted by the North Atlantic Salmon Conservation Organisation, DCAL are assuming that all populations are suffering reduced reproductive capacity, since marine survival is so low and due to the similarity of unmonitored river types to monitored index rivers. Loughs Agency monitoring has indicated that some Foyle catchment stocks are now also below management targets. The Minister stated that after careful consideration of all the available scientific research and data she has concluded that the continued commercial exploitation of wild Atlantic salmon and killing of salmon caught by rod and line in the DCAL jurisdiction is currently untenable and that authorising such exploitation would be inconsistent with the Departments obligations under the EC Habitats Directive and with NASCO guidelines. This could lead to significant infraction fines being imposed by the EC. Consequently she called on stakeholders to support a range of voluntary conservation measures for 2012 to allow DCAL to consult on how we can contribute to the long term sustainability of wild Atlantic salmon stocks. Current legislation does not readily enable the introduction of further restrictions on the taking of salmon in time for the opening of the 2012 fishing season, hence the call for voluntary action by stakeholders.

COMMITTEE BUSINESS

Strangford Lough (23 January)
http://www.niassembly.gov.uk/Assembly-Business/Official-Report/Reports-11-12/23-January-2012-1030am---1100am/#a5

On behalf of the Committee for the Environment, the Committee Chair Anna Lo moved a motion:That this Assembly recognises the environmental importance of Strangford lough and the economic contribution it makes through employment, leisure and tourism; and calls on the Executive to introduce, as a matter of urgency, measures to protect and restore its modiolus habitat in a way that meets the requirements of the EU habitats directive (92/43/EEC); and further calls on the Executive, when implementing such measures, to ensure that people who derive an income from the lough are not economically disadvantaged.  All members speaking in the debate supported new measures for better protection of Strangford Lough including measures to protect, monitor and restore the biogenic reef and there were repeated calls for In particular, the need for DARD and DOE to work with a common purpose to ensure that the environment in which the horse mussels can thrive is maintained and that those who derive an income from the lough are not deprived of their livelihood.
In response to the debate the Minister outlined the measures he intends DoE to introduce to offset the threat of EU infraction fines. Following consultation, two additional sea fisheries exclusion zones will be created, doubling the number at the Lough. They will also, following consultation, introduce by laws to regulate mooring, anchoring and diving and undertake further scientific research to examine ways of restoring the biogenic reefs. The Minister also added that should the European Commission not accept these proposals and action as adequate, the minimum fine that would be visited on the UK of infraction proceedings (and passed onto N. Ireland) is £7 million, with the risk of £500,000 a day thereafter.

WRITTEN ANSWERS TO QUESTIONS 

Minister of the Environment

Planning Process: Appeal (6 January)
http://www.niassembly.gov.uk/Documents/Answer%20Book/120106_(2).pdf   Page: WA 590

The Minister was asked whether he intends to introduce third party right of appeal to the planning process. The Minister replied that the reforms to the planning system contained within the Planning Act (Northern Ireland) 2011 will enhance the rights and opportunities of third parties who wish to become involved in the planning process when planning powers transfer to local government. In advance of that transfer of powers to councils he is planning to bring forward legislation in the Assembly that will accelerate the implementation of a number of those reforms, to be administered by DoE. These will include the development of a Statement of Community Involvement, setting out opportunities for interested parties to become involved in development management and other planning control issues, and a requirement on developers to engage in pre–application community involvement in advance of submitting an application for major developments. The Minister has asked for further information on third party appeals, particularly as part of a potential fundamental review of planning policy and structures.

EU targets for Good Ecological Status (13 January)

http://www.niassembly.gov.uk/Documents/Answer%20Book/120113.pdf   Page: WA 668

The Minister gave an update on the progress on meeting the EU targets for Good Ecological Status for all freshwater bodies. River Basin Management Plans (RBMPs) for Northern Ireland were published in December 2009 to meet one of the key requirements of the Water Framework Directive. The RBMPs state that around 20% of the 575 river water bodies and 27% of 22 lake water bodies are at good status and through the measures in the plans the aim is to reach around 56% of rivers and 32 % of lakes at good status by 2015. The implementation of the RBMPs is being taken forward through the development and implementation of 26 Local Management Area (LMA) action plans over a three year rolling programme from 2010/11 to 2012/13. The first 9 of the 26 local action plans were produced in March 2011 and these are currently being implemented. The next set of nine are due to be completed by March 2012. Implementation actions include additional targeted biological monitoring, awareness raising, targeted river walks to identify individual pollution hotspots and inspections of premises with the potential to cause water pollution. There is a key reporting milestone at the end of 2012, when the DoE must report to the EU Commission on progress. This will provide a further indication on the position regarding the achievement of the 2015 targets. The Minister added that a funding bid of £8.9 million has not succeeded to date and he was looking at funding for this work as part of the business planning process.

Shale Gas Extraction Page (13 January)

http://www.niassembly.gov.uk/Documents/Answer%20Book/120113.pdf    Page: WA 672

Commenting on the University of Manchester Tyndall Centre ‘Shale gas: an updated assessment of environmental and climate change impacts’ report, the Minister stated that while it should be noted that the authors stress that that there is a paucity of information on which to base an analysis of what the environmental and health impacts of shale gas extraction might be and what the impact could be on greenhouse gas emissions, the report does confirm significant concerns that have been in the public domain particularly in relation to the effects of extraction techniques on groundwater, water consumption, noise pollution and other environmental matters. He added that while the evidence presented in the report on greenhouse gas emissions is complex he would be concerned that the report considers that shale gas has the potential to undermine efforts to decarbonise the economy through the development of renewable technologies. Another key concern is that the global extraction of shale gas, in the absence of legally binding cap on greenhouse gas emissions, could make dangerous climate change more likely. Because of the public concerns being raised by reports like this the Minister has already tasked his officials across the planning, environmental policy and regulatory fields to ensure that all environmental requirements that are appropriate and necessary for the extraction of shale gas are fulfilled.

Reduction in Greenhouse Gas Emissions (20 January)

http://www.niassembly.gov.uk/Documents/Answer%20Book/120120.pdf    Page: WA 37

The Minister was asked what additional measures will be necessary to meet the new 35% reduction target in greenhouse gas emissions by 2020, as outlined in the Draft Programme for Government. The Minister replied that he intended to consult with external groups to make a further decision on “stretching” the 35% set out in the draft PfG. Currently, the Draft PfG 2011–15 commits Northern Ireland to continue to work towards a reduction in greenhouse gas emissions by at least 35% on 1990 levels by 2025. The latest annual projection figure (based on 2008 data) indicates that Northern Ireland emissions in 2025 are likely to reduce by 33% compared with the baseline (1990). This lends weight to the argument for a more challenging target. The Northern Ireland Greenhouse Gas Emissions Reduction Action Plan published in February 2011 sets out the existing measures that are considered likely to achieve this level of reduction. The role of the Cross Departmental Working Group on Climate Change is to monitor progress against the activities contained in the Action Plan and take steps to agree amendments, if appropriate, on the basis of the annual projection figure to ensure that we remain on a trajectory to meet the PfG target. However, the Committee on Climate Change provided advice recently suggesting there is potential for further reductions, particularly in transport, agriculture and residential emissions. It is the Minister’s view that climate change legislation can help deliver further reductions and contribute to greater certainty on progress towards achieving our target for greenhouse gas emission reductions and he will be urging the Executive to put challenging environmental targets on the face of a climate Bill.

Climate Change Bill (20 January)

http://www.niassembly.gov.uk/Documents/Answer%20Book/120120.pdf    Page: WA 56

The Minister stated his intention to bring forward a Climate Change Bill in the course of the current Assembly and had indicated this to his Ministerial colleagues in a memo on 24 December 2011.

In doing so he had taken account of the advice of the independent Committee on Climate Change. The Committee has stated that, from its experience in Whitehall, legislation is crucial in three regards: 1) it has ensured targets have been set through a transparent evidence–based and analytically robust process; 2) it has integrated activity across Whitehall; and 3) it has introduced a transparent monitoring process in relation to the targets set. This has confirmed his commitment to climate change legislation. Establishing a target in legislation will help contribute to our economic recovery by supporting the transformation to a low carbon green economy, encouraging innovation while at the same time providing greater certainty for business and assisting job creation.

Marine Environment (20 January)

http://www.niassembly.gov.uk/Documents/Answer%20Book/120120.pdf    Page: WA 57

The Minister confirmed his commitment to introducing a Marine Bill ‘as soon as possible’, subject to Executive approval. As currently drafted, the legislation provides for marine spatial planning, for the streamlining of certain energy licences, and for conservation zones to help protect habitats and species. However, among other issues, the Minister believes strongly that a Marine Management organisation is a necessary managerial model going forward and hoped the Executive will also endorse this approach.

Minister of Agriculture and Rural Development

Countryside Management Branch (27 January)

http://www.niassembly.gov.uk/Documents/Answer%20Book/120127.pdf    Page: WA 85

In response to a series of questions on the CMS, the Minister stated that the Countryside Management Unit has three Branches which carry out all land–based inspections. The inspections for agri–environment schemes are carried out by 30 members of Countryside Management Delivery Branch. In–line with EU requirements 5% of claimants were inspected initially and a high level of noncompliance and over–declaration by claimants was detected. As a result, DARD had to increase the number of inspections from 66 to 358. The additional workload to complete these inspections, and the associated administrative checks, has resulted in delayed payments to scheme participants.

The workload in Countryside Management Delivery Branch has had to be prioritised. As a result

DARD has had to delay the entry into the NICMS for 1300 new participants, until 1 January 2013.

Minister of the Environment

Areas of Special Scientific Interest (27 January)

http://www.niassembly.gov.uk/Documents/Answer%20Book/120127.pdf    Page: WA 154

Since 1pril 2000 only oneRestoration Order has been imposed. In terms of details of all cases where prosecutions have been initiated for damage to Areas of Special Scientific Interest from 1 April 2008 to 31 December 2011, the Minister revealed that as a result of damage caused to Moneystaghan Bog Area of Special Scientific Interest in June 2009 the DoE instigated proceedings. The defendant pleaded guilty before the court on 7 March 2011 and was given an Absolute Discharge.

ORAL ANSWERS TO QUESTIONS

Minister of the Environment

National Parks (16January)

http://www.niassembly.gov.uk/Assembly-Business/Official-Report/Reports-11-12/16-January-2012/#a9
The Minister provided an overview of the responses to the consultation on the proposals to introduce enabling legislation for the creation of national parks. There were 69 responses which had two themes: first, that, in bringing forward proposals for national parks, we were not going far enough to protect the environment; and, secondly, that it would impose heavy burdens on the management of lands in national parks in a way that was hostile to the interests of those who work and live there.  The Minister made it clear that he was a firm advocate of the concept of national parks being made in the ‘image of the North of Ireland and different from the model of national parks in other parts of these islands’ and was firmly convinced about that there are economic and other opportunities in bringing forward the proposals. DOE are having consultations over the next four or five weeks to inform people of a direction of travel before the Minister makes further announcements in February.  The Minister added that, if he can get the endorsement of the Assembly and the Executive, he did not want to see a situation ‘where it takes two years to pass a law only for us to take two more years as we identify areas that may be designated as national parks. I want to create certainty in law and in implementation. We will have a parallel process of law on one hand and implementation on the other, so that, on the far side of national parks legislation, we can move as quickly as possible to designation’.

Planning Applications: Wind Turbines (16 January)

http://www.niassembly.gov.uk/Assembly-Business/Official-Report/Reports-11-12/16-January-2012/#a9
The Minister confirmed thatthat 96% of all applications for wind farms have been approved. Eighty–three per cent of individual applications for wind turbines were approved in the 2010–11 business year. In the two quarters for which there are figures in 2011–12, 84% of individual wind turbine applications were approved. Regarding the locating of wind turbines in peatland areas, the Minister stated that there should be more flexibility, borrowing perhaps from the Scottish model, on the establishment of turbines in peatland areas. That work is part of the work being taken forward by an ad hoc group of renewable industry representatives that he established to work with the DoE to identify consistent with good environmental and planning standards, ensure that the system is flexible enough to accommodate what, he believes, is a growth opportunity and economic asset going forward.  The Minister added that in terms of anaerobic digester applications there are now 70 in the system. A total of 21 have been managed already, most of which got approval, and it is clear that, as with tidal power the opportunity should be more readily exploited.  However, there was a need to ensure that we have the right capacity, the right training and the right numbers in the planning system to maximise the opportunity.

Minister for Regional Development

Electric Vehicles (24 January)
http://www.niassembly.gov.uk/Assembly-Business/Official-Report/Reports-11-12/24-January-2012/#a3

The Minister provided an update on the electric vehicle infrastructure pilot scheme. DRD are now at a stage where they can begin to install the infrastructure. Over the next few weeks, more than 40 public charge points will be installed in the areas of Belfast City Council, Newry and Mourne District Council, Armagh City and District Council, Derry/Londonderry City Council, Larne Borough Council and Fermanagh District Council, with four rapid–charge points to be installed at key locations on our strategic road network. They should all be on site by the end of March 2012. Currently, there are plans to install further fast–charge points during the 2012–13 financial year. However, DRD are have sought from councils not currently involved in the programme expressions of interest in joining the e–car consortium with a view to locating charge points in those council areas. In addition, a grant incentive is also being provided for the installation of home and workplace charging points. Alongside that, work has been taken forward to develop an IT payment system and the e–car website to provide access to charge point location maps, grant application forms and other relevant information. The Minister added that delivery of that important project will ensure that Northern Ireland has access to one of the most comprehensive electric vehicle charging infrastructures on these islands.