July 2011

Executive Committee Business 13 June

Supply Resolution for the Northern Ireland Main Estimates 2011–12 and Supply Resolution for the 2009–2010 Excess Votes
http://www.niassembly.gov.uk/record/reports2011/110613.htm#a4
The Chairperson of the Committee for the Environment (Anna Lo) revealed that the Committee received a departmental briefing on the Budget for 2011–15 at its meeting on 9 June. Members heard that the DoE is facing many pressures on its budget, with the actual current expenditure pressure for this year, 2011–12, amounting to £11•7 million. This represented a significant amount for a Department with a relatively small budget. Income from planning receipts has dropped dramatically, with a 45% decrease in the past three years. The DoE now finds itself in a situation in which it has to cut costs across a range of functions. The Chair added that Committee is particularly concerned with the funding cuts to the voluntary and community sector and to NGOs. It is well recognised that those sectors perform vital roles at a fraction of the cost and that they represent value for money and often use their grant money to lever in considerably more money than government could ever do. She urged not just the DOE but all Departments to try to limit the funding cuts as best they can, as it may cost more to bring some of the services that they provide back into the Departments. The Assembly Committee has asked for a list of all groups funded and their levels of funding, and it feels that, if there are to be cuts, the groups involved need to know as soon as possible to allow them time to prepare and seek other funding sources. Undoubtedly, DOE budget cuts will lead to a reduction in the services that it is able to provide, and the Committee heard from officials that the impact of cuts will be felt across the board, with less money being available to maintain country parks and for the Environment Agency to conduct its enforcement activities.

Written Answers to Questions
Minister of the Environment
http://www.niassembly.gov.uk/qanda/2011mandate/writtenans/2011/110603.htm#7
Single Use Carrier Bags (3 June)
The Minister stated that the detailed framework for the introduction of a carrier bag charge – including both the amount and the scope of the charge – will be contained in subordinate legislation made under the Climate Change Act 2008, as amended by the Single Use Carrier Bags Act (Northern Ireland) 2011. This will allow for full consultation on the detailed policy proposals, discussion by the Executive and subsequent debate in the Assembly. Although the Minister was being advised that charging may be in place by April 2013, he considered this timeframe unreasonable and was looking at how this can be accelerated.

Review of the Northern Ireland Environment Agency (3 June)
http://www.niassembly.gov.uk/qanda/2011mandate/writtenans/2011/110603.htm#7
The Minister outlined his commitment to reviewing the present role and functions of the Environment Agency and would look at the case for an independent environment protection agency as part of the review. He has asked officials to initiate a programme of work within DoE with a view to bringing forward options for his consideration. While the establishment of an independent environment protection agency would be an exercise with significant implications that may require the introduction of new primary legislation in this Assembly, the Minister stated that the proposal has ‘clear attractions’. A full consultation exercise on proposals emerging from his review will be required along with a detailed analysis of the potential costs and benefits. The Minister has asked for proposals to be with him before the July holidays.

Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/qanda/2011mandate/writtenans/2011/110610.htm#2
Woodland (10 June)

The Minister confirmed her intention that woodland creation targets are included in the next PfG. The Minister admitted that woodland expansion targets have been difficult to achieve in the recent past and we have seen a decline in the area of woodland created. This has been due to a number of factors, including the farmer definition within the Farm Woodland Premium Scheme and a number of applicants with approvals possibly having chosen to delay their commitment to woodland creation in the hope that the farmer definition criteria will be amended. However DARD have received a negative response from the EU Commission on this issue and will be advising woodland stakeholders. Competition with the Woodland Grant Scheme and other Departmental land–based schemes, such as the Countryside Management Scheme, which can appear more attractive to farmers has also impacted on the uptake of woodland schemes. This issue will be considered in the context of a review of Agri–environment programmes in consultation with Policy and Service Delivery Group colleagues. Forest Service will include a target in their Business Plan 2011/12 around an appropriate programme of work on how best to incentivise and promote woodland expansion.

Less Favoured Area Payments (17 June)
http://www.niassembly.gov.uk/qanda/2011mandate/writtenans/2011/110617.htm#2
In her assessment of the European Commission’s policy review of Less Favoured Area payments and the potential impact of changes to these payments, the Minister indicated that latest indications are that the Commission will bring forward a formal legislative proposal on an objective classification system for areas with natural handicaps later this year. Local map simulation work based on the Commission’s initial proposed biophysical criteria suggested that the re–designated areas would be broadly in line with the current Severely Disadvantaged Areas. The future of LFA support beyond 2013 will depend on the outcomes of both this re–designation exercise and the EU CAP reform process. The Minister stated that she was clear in her own mind as to the need for a robust support framework in areas of natural handicap – areas which encompass many of our most valuable landscapes and habitats – and the benefits this support can deliver in terms of environmental outcomes.

Minister of the Environment
http://www.niassembly.gov.uk/qanda/2011mandate/writtenans/2011/110617.htm#7
Marine Management (17 June)
The Minister was asked as to whether he will consider including the establishment of a marine management organisation in the proposed Marine Bill. In response he stated that he would introduce the Marine Bill to the Assembly at the earliest possible opportunity. In this context, he will give further consideration to the best delivery arrangements for marine management in Northern Ireland, as the Bill progresses. The Minister has already met with a range of external groups to identify further possible additions to the draft Bill currently being prepared to ensure that the Bill is as ‘expansive, farseeing and challenging as possible’.

CO2 Emissions (17 June)
http://www.niassembly.gov.uk/qanda/2011mandate/writtenans/2011/110617.htm#7
The Minister stated that he believed that tackling climate change provides us with an opportunity to protect our built and natural heritage while at the same time delivering a more resource efficient, sustainable economy and a fairer society. That is why one of his first actions as Minister was to ask his officials to consider how government currently delivers its climate change responsibilities and to identify areas where further legislation might be of benefit. The Minister has also sought and will consider the advice of the independent Committee on Climate Change and the experience of other administrations in developing and delivering climate change policy through legislation and added ‘My early view is that we should put climate change targets in the face of a Climate Change Bill and that the targets should be rigorous and challenging’.

Minister of Enterprise, Trade and Investment
http://www.niassembly.gov.uk/qanda/2011mandate/writtenans/2011/110624.htm#6
Renewable Heating Incentive (24 June)
In September 2010, the Minister  announced that DETI would seek to introduce a Renewable Heat Incentive (RHI) in Northern Ireland, providing it was economically viable to so. DETI has recently concluded an economic appraisal of a RHI for Northern Ireland and the Minister plans to shortly launch a public consultation on the preferred method of incentivisation for the Northern Ireland renewable heat market. Funding of £25million, over the next four years, has been made available by Her Majesty’s Treasury for the introduction of a RHI in Northern Ireland.

Minister of the Environment
http://www.niassembly.gov.uk/qanda/2011mandate/writtenans/2011/110624.htm#7
Turf at Ballykenver, Armoy (24 June)
The Minister was asked what action he intends to take to ensure that local people can continue to cut turf at Ballykenver, Armoy, to retain a local source of fuel in the area. He replied that the cutting of turf for purposes other than for sale does not constitute development and as such does not require planning approval. Thus a person may cut turf for domestic purposes without the need to obtain planning approval. Turf cut for sale is defined as development under the Planning legislation and as such requires planning approval. Anyone wishing to extract turf on a commercial basis from the Ballykenver Wood area or indeed any other area would therefore be required to submit a planning application for the development. The Minister added that he has also met with officials to make assessments about turf cutting policy and opportunities, including particularly in relation to fuel poverty.

Single Use Carrier Bags (24 June)
http://www.niassembly.gov.uk/qanda/2011mandate/writtenans/2011/110624.htm#7
The Minister outlined how the introduction and implementation of the single use carrier bag levy is a complex matter which presents a number of significant practical challenges. These include: the level at which the levy should be set to deliver the key objectives of reducing bag usage and generating revenue; the specific types of bags to which the levy will apply; how the level will be collected and enforced; and ensuring that the staff and operational arrangements are in place to enable the levy to be collected effectively. A secure, fit–for–purpose and value for money Information Technology (IT) system also will need to be procured, developed, tested and refined to enable the levy to be collected effectively and efficiently. Some advice suggests that the required timescale to complete the IT project is estimated to be up to eighteen months. An economic appraisal is being developed for the set–up costs and to choose the preferred option for taking the levy forward. This will require approval from the DFP. The Minister has instructed his officials to accelerate progress on the development of the detailed proposals and wish to assure members that adequate time to consult with stakeholders on the emerging policy proposals will be built into the programme timescale.

Answers to Oral Questions
Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/record/reports2011/110606.htm#h
Less–favoured Areas (6 June)
In response to what action she will take to ensure that the level of support that is currently offered in less–favoured areas will continue, the Minister confirmed that the architecture of that scheme will remain unchanged until the end of the programme in 2013 and that the level of payments for the remaining life of the current scheme will be fixed in light of affordability and competing demands in the rural development programme. In the longer term, the future of LFA support beyond 2013 will depend on the outcomes of the EU CAP reform process and the EU–led project on the redesignation of less–favoured areas or areas of natural handicap. The Minister was clear about the need for a robust support framework for areas of natural handicap, which encompass many of our most valuable landscapes and habitats, and the benefits that such support can deliver in environmental outcomes. The European Commission intends to introduce a formal legislative proposal on an objective classification system for areas of natural handicap later this year. Map assimilation, based on the Commission’s earlier proposed biophysical criteria, suggests that the redesignated areas would be broadly in line with the current severely disadvantaged areas.

Minister of the Environment
http://www.niassembly.gov.uk/record/reports2011/110614.htm#a4
Planning Applications/ PPS 21 (14 June)
The Minister revealed that he is currently interrogating the management of PPS 21 in particular, because the anecdotal evidence is that there has been some inconsistency in planning decisions between planning offices. He was currently determining whether there are potential variations in PPS 21 that do not breach in any significant way the intention or ambition of the planning policy but do, nonetheless, create some greater flexibility for non–farming rural dwellers. The Minister added ‘there is an opportunity to identify further moderate interventions that could see not just consistency in the application of the policy but some betterment in the conduct of the policy to enable those with a legitimate interest in living in a rural area to have the opportunity so to do’.

Waste Management: Incineration (14 June)
http://www.niassembly.gov.uk/record/reports2011/110614.htm#a4
In response to his assessment of the use of incineration as a form of waste management the Minister stated that he would look at any recommendations that come forward to the DoE and assess any proposal against the current planning and wider policies. He would determine whether it is sustainable and does not jeopardise any further opportunities for recycling and assess any proposals for waste incineration by judging them against. The Minister wanted to see how we can push to up their game on recycling, reusing and maximising opportunities that could mitigate the need for incineration. He also pointed out that incineration is not merely a matter of burning waste, and opportunities to get energy from waste make the incinerator option more attractive adding ‘I am not a Minister minded in all circumstances to turn down any application for an incinerator’.

Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/record/reports2011/110620.htm#a5
Rural White Paper (20 June)
The Minister stated that as the public consultation on the draft rural White Paper action plan closed on 13 June, her officials will shortly begin engaging with other Departments to consider the outcome of the consultation. A total of 26 responses were received. The views expressed indicate the need for more work to be done with other Departments to develop more specific and more measurable targets; clear linkages between priority policies and actions; and more focus on sustainability and the environment. After this period, the Minister will take the action plan back to the Executive to get a recommitment from all Ministers that they are on board and committed to taking it forward. Implementing this plan will take cross–departmental working and commitment from all Ministers in the Executive. While it will be an Executive project, DARD will take the lead and monitor progress closely. No separate budget is set aside for delivering the actions contained in the rural White Paper and the Minister ‘assumed’ that the cost of implementing all the measures was factored into each Department’s budget when the commitment was made in the previous term of the Assembly.

Private Members’ Business (7 June)
http://www.niassembly.gov.uk/record/reports2011/110607.htm#a
A5 Dual Carriageway
Members discussed a motion proposed by Pat Doherty That this Assembly supports the A5 dual carriageway project; recognises that it is essential to the economic regeneration of the north–west region; welcomes the financial commitment made by the Irish Government; and calls on the Minister for Regional Development to give an assurance that there will be no dilution of the project, or delay in its completion. Mr Doherty explained that the project was in keeping with the long–term vision for transportation as outlined in ‘Shaping Our Future’, the regional development strategy 2015 “To have a modern, sustainable, safe transportation system which benefits society, the economy and the environment and which actively contributes to social inclusion and everyone’s quality of life.”

Lord Morrow however proposed the following amendment: Leave out all after “supports” and insert “the upgrading of the existing A5; recognises that it is essential to the economic regeneration of the north–west region; welcomes the financial commitment made by the Irish Government; and calls on the Minister for Regional Development to consider all alternatives to the current proposed scheme.”. Lord Morrow explained that he wanted to see an upgrading of the A5 and believed that the west is entitled to a good road infrastructure however ‘it is patently obvious that there is no justification whatsoever for the proposals.’

Unionist members supported the amendment, stating that as there is an on–going inquiry into the A5, the motion that there should be no alteration whatsoever was ‘ill–timed’ and, at worst,’ foolhardy’, that we were in much changed economic times since the current extravagant A5 proposal emerged, and the considerable opposition from farmers, landowners, environmentalists and even transport groups.  Nationalist members meanwhile spoke in favour of Mr Doherty’s motion argued the strategic nature of the route adding that it was a national all–island strategic transport route with its construction leading  to a significant increase in jobs in the area and the sustaining of existing jobs in that sector. In response to the debate the Minister stated that as the public inquiry into the A5 was in progress, he did not wish to interfere with due process and pre–empt the inquiry’s findings. In conjunction with the independent inspector’s report and recommendations, he intended to consider proposed investment levels across DRD, including the impact of Budget 2010 on the strategic roads programme. In the intervening period, he will consult with his counterpart in the Irish Government to discuss and confirm their position on their contribution, and discuss funding implications with my Executive colleagues.

As a valid petition of concern was presented in relation to the motion, and a valid petition of concern was presented in relation to the amendment the effect of the petitions was that the votes on the motion and the amendment were on a cross–community basis. Both the motion and the amendment subsequently fell as neither achieved the necessary cross–community support.

The Northern Ireland Assembly is now in Summer Recess till 4 September 2010 with the first plenary sitting on the 12 September 2011

April 2011

Executive Committee Business

Clean Neighbourhoods and Environment Bill: Final Stage (14 March)
http://www.niassembly.gov.uk/record/reports2010/110314.htm#3
The Assembly passed the Clean Neighbourhoods and Environment Bill do now pass. The Bill is intended to help councils deal more effectively with a range of problems that can have a degrading impact on the local environment. The Bill should help to reduce problems such as littering, graffiti, dog fouling, dog control, illegal fly–posting, abandoned vehicles, nuisance parking, noise, statutory nuisance and nuisance alleyways. The Bill will be supported by a comprehensive series of guidance documents, codes of practice and regulations to help district councils to get the most out of the new, improved powers at their disposal. Part 1 gives district councils new powers to deal with alleyways affected by antisocial behaviour. Part 2 gives district councils the power to remove abandoned cars from the streets immediately. Part 3 amends the offence of dropping litter in a lake, pond or watercourse, requires businesses and individuals to clear litter from their land, strengthens existing street litter control notice powers to require local businesses to help clear up litter that they generate. It enables councils to restrict the distribution of flyers, handouts and pamphlets and also contains provisions concerning abandoned shopping trolleys. Part 4 enables councils to serve defacement removal notices requiring the removal of graffiti and fly–posters, gives councils powers to tackle the sale of spray paint to children and strengthens the existing legislation which deals with graffiti and illegal fly–posting. Part 5 replaces dog by–laws with a new simplified system, enabling district councils to deal with dog fouling, to ban dogs from designated areas, to require dogs to be kept on a lead.  Part 6 gives councils powers to deal with audible intruder alarms and the annoyance that they may cause and powers to impose fixed penalty fines on licensed premises that ignore warnings to reduce excessive noise levels. Part 7 restates and updates the law on statutory nuisances and Part 8 increases the maximum fine on summary conviction that may be provided for in regulations made under the pollution, prevention and control provisions in the Environment Order 2002. Throughout the Bill, greater use is made of fixed penalty notices as an alternative to prosecution. Stronger, stiffer fines are provided for in the Bill, and district councils are given the power to retain receipts from fixed penalty notices. In most cases, they are given the flexibility to set their own rates.

Energy Bill: Legislative Consent Motion (14 March)
http://www.niassembly.gov.uk/record/reports2010/110314.htm#7
The Minister of Enterprise, Trade and Investment moved that this Assembly agrees that the UK Parliament should consider amendments to the Energy Bill to provide powers for the Department of Enterprise, Trade and Investment to establish a scheme to facilitate and encourage renewable generation of heat, including the administration and financing of the scheme. Members agreed the motion which would extend primary legislative powers for renewable heat to Northern Ireland to ensure that DETI could bring forward proposals to incentivise this important market and so ensuring a more diverse, sustainable and secure supply of fuel for Northern Ireland. The Minister stated that heat energy accounts for close to half the energy consumed in Northern Ireland; however, 98% of our heating fuels are imported. In order for the Northern Ireland heat market to become more sustainable, it is vital that renewable fuel sources are developed and that the uptake of renewable heating technologies is encouraged. The strategic energy framework includes a target for Northern Ireland to achieve 10% renewable heat by 2020 while currently only 1•7% of our heating demand is met from renewable sources. In order to reach that target, it is essential that support mechanisms are developed to encourage the uptake of renewable heat technologies. While DECC has made plans to incentivise the renewable heat market in GB through a renewable heat incentive, Northern Ireland’s heat market is very different to that of GB meaning that it has been appropriate for separate consideration to be given to how the heat market here might be encouraged and incentivised, so that a Northern Ireland solution can be developed for our local context. In September 2010, the Minister announced that DETI would seek to support the renewable heat market in Northern Ireland by developing a renewable heat incentive scheme similar to the GB proposals.  In response, the Treasury has allocated £25 million for the spending review period for a Northern Ireland renewable heat incentive, should one be introduced. In order for an incentive scheme to be introduced in the future, DETI required appropriate legislative powers to create tariff structures, set eligibility standards and make payments. At present, DETI does not hold any primary powers in that area of work. The Minister therefore sought the Assembly’s consent to enable DECC to amend the current Energy Bill to provide powers for DETI to introduce and administer a Northern Ireland renewable heat incentive. A future renewable heat incentive for Northern Ireland will require secondary legislation in due course. In addition, there will be a full public consultation on the design of the renewable heat incentive in advance of implementation.

Renewables Obligation (Amendment) Order 2011 (21 March)
http://www.niassembly.gov.uk/record/reports2010/110321.htm#h
The Renewables Obligation (Amendment) Order (NI) 2011 has been passed by the Northern Ireland Assembly, and it will come into operation on 1 April 2011. The latest changes to the will provide enhanced support and wider benefits, particularly to rural and farming communities.  The changes in legislation will: increase the Renewables Obligation Certificate (ROCs) levels for the generation of electricity from anaerobic digestion from the current 2 ROCs per megawatt hour for all s to 4 ROCs per megawatt hour for generating stations up to 500kW capacity and 3 ROCs per megawatt hour for stations between 501kW and 5MW; Provide generators using onshore wind, hydro or solar photovoltaic panels accredited before 1 April 2010 to receive the enhanced ROC levels introduced after this date for new generators for any additional generating capacity they add, subject to the various ROC banding thresholds; Introduce Microgeneration Certification Scheme (MCS) requirements for micro–generators installing renewable electricity generating equipment; and Introduce biomass and bio–liquids sustainability criteria to meet the requirements of the Renewable Energy Directive.

Marine Licensing (Appeals) Regulations 2011 (21 March)
http://www.niassembly.gov.uk/record/reports2010/110321.htm#n
The Assembly approved the draft Marine Licensing (Appeals) Regulations (Northern Ireland) 2011. The statutory rule will provide an independent appeals mechanism to allow economic operators to appeal against marine licensing decisions and enforcement notices issued by DoE in its role as the appropriate licensing and enforcement authority under the Marine and Coastal Access Act 2009. The 2009 Act introduces a new system for licensing marine activities, which will replace licensing currently carried out under the Food and Environment Protection Act 1985. The types of activities that are licensable include construction on the seabed, offshore renewable energy installations and dredging. The new system will apply across the UK from April 2011 and will require subordinate legislation to provide more details on appeals, fees, exemptions, civil sanctions and the registration of activities. The Appeals regulations make provision for operators who do not agree with a marine licensing decision or who have been issued with an enforcement notice under the 2009 Act to make an appeal to the Water Appeals Commission. There is no fee for making an appeal.

Marine Licensing (Civil Sanctions) Order (Northern Ireland) 2011
http://www.niassembly.gov.uk/record/reports2010/110321.htm#o
The Assembly also approved the draft Marine Licensing (Civil Sanctions) Order (Northern Ireland) 2011. This statutory rule is intended to provide a ‘robust and proportionate alternative to prosecution for minor offences under the Marine and Coastal Access Act 2009’. The Order provides a mechanism in the form of fixed and variable monetary penalties that will remove any financial benefit that operators may derive from failure to operate inside the law. The draft civil sanctions Order introduces fixed and monetary penalties that are set at £100 for individuals or £300 for businesses to address low–level, technical or administrative offences, such as failure by an operator to provide information within the required time. It also introduces variable monetary penalties that do not have a fixed upper limit for more serious breaches or for instances in which an operator may have derived a financial benefit from non–compliance. The amount of variable monetary penalty will be the estimated financial benefit derived from the offence plus a deterrent element less the cost incurred by the operator. The revenue from monetary penalties will be paid into the Consolidated Fund for Northern Ireland meaning that DoE will not benefit financially from this legislation. Appeals can be made to the Water Appeals Commission against final notices imposing fixed or variable monetary penalties. DoE will consult on and publish guidance on its use of civil sanctions. That guidance will contain information on circumstances in which sanctions are likely to be used, how liability can be discharged, factors to be considered in calculating variable monetary penalties, the right to make representations and the rights of appeal.

Planning Bill: Final Stage (23 March)
http://www.niassembly.gov.uk/record/reports2010/110323.htm#f
The Planning Bill which sets a framework for the future of planning provides for the transfer of planning powers from the Northern Ireland Executive to local councils has been passed by the NI Assembly. The Bill will involve the transfer of the majority of planning functions from the DoE to local government after new governance arrangements for councils and a new ethical standards regime for councillors have been put in place and at a time to be decided by the next Assembly. Councils will be required to work with the communities they serve to build a vision for the future of their area. They will bring forward development plans showing how their area will change. Councils will decide the majority of planning applications in their area and be responsible for enforcing planning decisions. The community can become involved at every stage of the planning process and Councils will set out in their statements of community involvement how and when they will consult the community, and developers will be required to take account of the views of the community in drawing up applications for major or regionally significant development. While the Bill will see tougher fines particularly in respect of historic buildings and trees, there is no provision for TPRA. Although a number of parties had previously attempted to insert an amendment for inclusion of a third–party appeal, a petition of concern from the DUP vetoed its inclusion. The Minister stated that ‘Councils will be the decision–makers, and councillors will live with the consequences of their decisions’, adding that ‘ultimately, if communities are not happy with the way the area is shaping up, they can exercise their views at the ballot box’.

Private Members’ Business

Single Use Carrier Bags Bill: Final Stage (23 March)
http://www.niassembly.gov.uk/record/reports2010/110323.htm#m
Following members granting of accelerated passage, Daithi McKay moved that the Single Use Carrier Bags Bill do now pass. The Bill as amended is essentially enabling legislation. Consideration Stage saw the removal of all the detailed provisions in the original Bill. The specific role for councils is gone; the specific charge of 15p a bag is gone; the offences and penalties are gone; and the scope of the legislation has been extended from single–use plastic bags to single–use carrier bags. All that detail was replaced by a single clause. DoE will be able to use that provision alongside the powers that are already available under the Climate Change Act 2008 to implement the Executive’s decision to introduce a bag levy. Importantly, the Bill will now provide sufficient flexibility to identify various options for implementation, arrange full public consultation and finalise policy direction and to legislate for that approach.

Written Answers to Questions

Legislation (11 March)
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/110311.htm#7
The Minister of the Environment provided the information below detailing all legislation, since May 2007, that has gone through, or is going through, the Assembly, which devolves powers or responsibilities from my Department to local government authorities. The table sets out the titles of the relevant legislation, the powers or responsibilities devolved, and the date when the legislation has been, or is expected to be, made.

TITLE OF LEGISLATION	SUMMARY OF POWERS / RESPONSIBILITIES DEVOLVED TO COUNCILS	DATE / EXPECTED DATE OF ENACTMENT
The Clean Neighbourhoods and Environment Bill ( Northern Ireland)	The Bill is designed to improve the quality of the local environment by giving district councils additional powers to deal with litter, nuisance alleys, graffiti and fly–posting, abandoned and nuisance vehicles, dogs, noise and statutory nuisance.	The Bill is expected to receive Royal Assent in late March / early April 2011.
The Waste and Contaminated Land (Amendment) Act ( Northern Ireland) 2011	One of the main objectives of the Act is to legislate for a partnership between the Department and the local government sector in tackling illegal waste activity. The Act therefore gives new powers to district councils in relation to the investigation and enforcement of illegal waste offences so that councils and the Department have identical powers in this regard.	Received Royal Assent on 10 February 2011.
The Planning Bill	The Bill will deliver a reformed planning system and transfer the majority of planning functions to district councils as part of the implementation of local government reform.	The Bill is currently at Consideration Stage. Subject to completion of all Assembly Stages, it is expected to receive Royal Assent in April / May 2011.
The High Hedges Bill ( Northern Ireland)	The Bill is intended to provide a means of resolving disputes between neighbours with regard to the adverse impact on the reasonable enjoyment of property due to an evergreen/semi–evergreen hedge acting as a barrier to light.	The Bill is expected to receive Royal Assent in late March / early April 2011.
The Local Government Finance Bill ( Northern Ireland)	The Bill will give councils more direct control over, and responsibility for, the management of their financial affairs. It will remove the current requirements for councils to obtain permission from the Department for borrowing, for establishing certain funds, or for the application of their funds or proceeds from the sale of capital assets. This will be replaced by a prudential regime for capital finance, which will, for example, allow councils to determine for themselves how much they can afford to borrow, and to operate within affordable limits in accordance with the prudential regime and recognised accounting codes of practice.	The Bill is expected to receive Royal Assent in late March

Wind Farms in Special Protection Areas (11 March)
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/110311.htm#7
Given that As a wind farm was recently granted planning approval in Cumbria at a location where there is a recorded presence of hen harriers, the Minister of the Environment was asked what steps he is taking to ensure parity of policy in the processing of the planning application, for a wind farm at Fardross, Slieve Beagh, Clogher. The Minister responded that the presence of the hen harrier is not in itself an absolute block on windfarm development. Planning application for a windfarm at Fardross, Slieve Beagh relates to a site lying entirely within the Slieve Beagh Special Protection Area, a European designated site. The Minister has instructed his officials to write to the European Commission to ask them to consider our approach in the light of the Commission’s own guidance on Wind Energy and European designated sites and the challenging targets set for renewable energy in Northern Ireland.

Answers to Oral Questions

Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/record/reports2010/110315.htm#6
Rural White Paper (15 March)
The Minister stated that she hoped to publish a draft rural White Paper action plan for consultation on 21 March. The consultation document contains a wide range of actions aimed at improving the well–being of rural communities, such as addressing difficulties in accessing services, public transport, broadband quality and speed, and the development of effective community development structures. The rural White Paper will provide a strategic rural policy framework for the next 10 years and will help guide the work of the Executive in that significant and challenging area. The provision of good communication infrastructure and connectivity is vital to the sustainability of rural areas and important in providing the isolated and vulnerable in our community with much–needed access. The rural White Paper will provide an opportunity to look at what we do to support our rural areas and to think innovatively about how we target our limited resources for the betterment of our rural communities. (The consultation on the Rural White Paper was subsequently launched on 21 March and will close on the 13 June 2011).

Minister of Finance and Personnel
http://www.niassembly.gov.uk/record/reports2010/110315.htm#7
Low Carbon Homes Schemes (15 March)
The Minister stated that the Executive has agreed to close the energy efficiency homes scheme and the low carbon homes scheme from the end of March 2011. Although the aim is to improve the energy efficiency of the local housing stock, the take–up so far has been disappointing. There are only three low–carbon properties, none of which has qualified as a zero–carbon property. The Minister added that the savings associated with the schemes will not be taken out of the Budget altogether but will be transferred to the green new deal project. It was felt that that was a much more appropriate way of cutting down the heating bills of a large number of houses.

Speaker’s Business (23 March)

Assembly Speaker
http://www.niassembly.gov.uk/record/reports2010/110323.htm#a
End of Mandate
Mr Speaker marked the end of the four–year term of the Assembly adding that is the first devolved Assembly in a generation to complete a full term. In that time, the Assembly has held 277 plenary sittings and approved some 69 Bills. Ministers have taken over 11,624 questions for oral answer and 32,411 questions for written answer.

March 2011

Executive Committee Business

Minister of the Environment
http://www.niassembly.gov.uk/record/reports2010/110207.htm#a7
Wildlife and Natural Environment Bill: Further Consideration Stage (7 February)
Members debated several proposed amendments to the Bill tabled by the Minister of the Environment.  The Minister stated that on advice from the Attorney General that the form of the Biodiversity Duty may create unnecessary impediments to development and associated economic activity. Amendment 1 therefore proposed to re–word the requirement on public bodies in relation to biodiversity. Following debate however members voted (30 votes to 51) in favour of rejecting this amendment on the basis that the proposed re–wording would lead to a significant weakening of resolve and purpose in promoting biodiversity. However the Minister’s subsequent amendments, namely: Amendment 3 to give the authorities powers to prosecute anyone who is in possession of protected wild birds or eggs of protected wild birds which that person may have taken unlawfully from another EU country; Amendment 4 to prohibit the possession of certain highly toxic chemicals for which there is no legitimate use and which may be used to commit a poisoning offence against wildlife; Amendment 6 which gives the DoE power to enter into voluntary agreements with owners of land outside an ASSI to manage that land in a manner that would help conserve the ASSI and; Amendment 7 which places requirements on anyone undertaking an operation on or near an ASSI that has been authorised by a competent authority to minimise potential damage to the ASSI, were all accepted. An amendment tabled by Francie Molloy to overturn the ban on hare coursing was defeated, however, an amendment to add the Irish hare to Schedule 5 (animals that are protected at all times) was also rejected.

Royal Assent Waste and Contaminated Land (Amendment) Bill (14 February)
http://www.niassembly.gov.uk/record/reports2010/110214.htm#c
The Speaker informed the Assembly that the Waste and Contaminated Land (Amendment) Bill have received Royal Assent. The Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011, became law on 10 February 2011.

Minister for Regional Development
http://www.niassembly.gov.uk/record/reports2010/110214.htm#k
Transport Bill: Final Stage (14 February)
The Transport Bill completed its Final Stage. The main purpose of the Bill is to provide new arrangements for the delivery of public passenger transport services and to ensure our compliance with European law. The Bill will allow for the delivery of modern services that meet passenger need and to provide for innovation in the market, including the introduction of rapid transit services in Belfast. It will also allow DRD to work closely with stakeholders and local councils in the development of local public transport plans, which will inform the specification of contracts and deliver services that meet individual passenger needs. The Minister stated that the Bill will assist in creating an efficient, effective and sustainable public transport system that contributes to the Executive’s transportation, environmental, social inclusion and equality objectives while supporting the development of the wider economy.  Although Members welcomed the Bill, some Members expressed their concern that contrary to the aims of the Bill to encourage people to use public transport as their first choice, it is disappointing, that the Budget for the next four years does nothing to encourage people to use public transport when 86% of the DRD capital spend will be on roads, which will encourage more cars, congestion and pollution.

Minister of the Environment
http://www.niassembly.gov.uk/record/reports2010/110221.htm#i
Clean Neighbourhoods and Environment Bill–Consideration Stage (21 February)
The Minister of the Environment moved the Consideration Stage of the Clean Neighbourhoods and Environment Bill. The main objective of the Bill is to improve the quality of the local environment by giving district councils additional powers to deal with litter, nuisance alleys, graffiti, fly–posting, abandoned and nuisance vehicles, dogs, noise and statutory nuisance. The Assembly agreed a number of amendments to the Bill including amendments relating to the issuing of fixed penalty notices to minors; increased powers for councils over flyers, graffiti, placards and posters; changes in the age limit concerning the purchasing of aerosols from 16 to 18; and extra provisions to enable councils to deal with advertisements linked to road legislation and powers to councils to find out more information so that they can deal with the problem.

Clean Neighbourhoods and Environment Bill–Further Consideration Stage (1st March)
http://www.niassembly.gov.uk/record/reports2010/110301.htm#c
As no amendments were tabled, the Bill was not discussed but members will be able to have a full debate at Final Stage. Further Consideration Stage therefore, concluded.

Wildlife and Natural Environment Bill: Final Stage (1 March)
http://www.niassembly.gov.uk/record/reports2010/110301.htm#d
The Minister of the Environment moved that the Wildlife and Natural Environment Bill do now pass.
The purpose of the Bill is to ensure better conservation and protection of Northern Ireland’s valuable wildlife and habitats, ensure that they remain diverse, healthy and resilient so that future generations can derive important benefits from them. Changes to the Wildlife Order 1985 will give it greater scope to meet current and future challenges and will provide added protection to a wider range of birds, plants and animals. The Bill includes important provisions aimed at deterring wildlife crime, including providing greater evidence–gathering powers for police and, for the first time, the powers for courts to impose custodial sentences for severe and persistent wildlife crime. The Bill also makes important changes to the Environment Order 2002 to enhance protection for our areas of special scientific interest, many of which contain our highest value habitats, species and other special features. Although hare coursing was not part of the original proposals, as a result of the Assembly process, the Bill will ban hare coursing. The Bill also makes important changes to our game laws. However the Chair of the Environment Committee while welcoming the passage of the Bill, stated that with the anticipated budget cuts for the DOE and, in particular, the NIEA there are concerns that the legislation could turn out to be a ‘paper exercise’.

The Minister of Finance and Personnel
http://www.niassembly.gov.uk/record/reports2010/110228.htm#g
Budget Bill: Further Consideration Stage (28 February)
As no amendments were tabled the Budget Bill was not discussed. Members will be able to debate it at Final Stage. Further Consideration Stage was therefore concluded.

Budget Bill: Final Stage (1 March)
http://www.niassembly.gov.uk/record/reports2010/110301.htm#f
The Minister of Finance and Personnel moved that the Budget Bill do now pass. Despite concerns from the Committee for Finance and Personnel and several members referring to criticism of the draft budget by NICVA, PricewaterhouseCoopers, representatives of business and industry, including the Confederation of British Industry, the Institute of Directors and the chambers of commerce, after a lengthy and often heated debate the motion was passed with cross–community support.

Committee Business
Planning Bill: Extension of Committee Stage (7 February)
http://www.niassembly.gov.uk/record/reports2010/110207.htm#a12
The Chairperson of the Committee for the Environment sought and gained approval for the extension of the Committee Stage of the Planning Bill to the 1st March. The Planning Bill is the largest Bill ever to come before the Assembly. It consists of 248 clauses and seven schedules. There were 61 responses to the Committee’s call for evidence, and the Committee has taken oral evidence from 11 organisations and individuals. It held a stakeholder event that was attended by over 25 organisations, which gave stakeholders the opportunity to air their views on the specific areas that have consistently arisen throughout the submissions.

Renewable Energy (14 February)
http://www.niassembly.gov.uk/record/reports2010/110214.htm#o
The Chairperson of the Committee for Enterprise, Trade and Investment moved:
That this Assembly approves the report of the Committee for Enterprise, Trade and Investment on its inquiry into barriers to the development of renewable energy production and its associated contribution to the Northern Ireland economy; and calls on the Minister of Enterprise, Trade and Investment, in conjunction with her Executive colleagues and relevant bodies, to implement, as applicable, the recommendations contained therein.

The Chairperson stated that the reality for our future is ‘an unreliable, unaffordable, unmanageable energy supply…unless we take steps now to create our own vision for our energy future’. That was the key recommendation from the Committee’s inquiry. Other recommendations within the Report included: radical improvement of the grid infrastructure in the west to get the renewable electricity generated there into homes and businesses in the east; the need to build the North/South interconnector to balance and manage the peaks and troughs in demand; development of a shared vision for renewable energy; integration of our energy remit, bring policy responsibility for energy under a single Department; drastic improvement in the way government communicates with the public, business and the renewable energy sector; and provision of incentives at appropriate levels to stimulate the development of renewable energy technology. In response, the Minister welcomed the publication of the Report and undertook to consider its findings before fully responding to the Committee in due course.

Private Members’ Business

Single Use Plastic Bags Bill: Accelerated Passage (28 February)
http://www.niassembly.gov.uk/record/reports2010/110228.htm#j
Daithi Mr McKay moved that the Single Use Plastic Bags Bill proceed under the accelerated passage. Despite the Environment Committee, UUP, SDLP and Alliance Party all speaking against the granting of accelerated passage, as the motion required cross–community support, Sinn Fein and DUP support ensured that accelerated passage was granted by 57 votes to 33.

Single Use Plastic Bags Bill: Second Stage (28 February)
http://www.niassembly.gov.uk/record/reports2010/110228.htm#n
Daithi McKay moved that the Second Stage of the Single Use Plastic Bags Bill be agreed. Mr McKay outlined that the primary purpose of my Bill is to reduce the number of plastic bags in circulation and that whatever revenue is generated from the levy does go towards projects that benefit the environment such as the Green New Deal (GND) adding that the GND should not rely indefinitely on levy revenue for part of its funding as ultimately, ‘we’ want to see the revenue generated from a levy go down as consumer behaviour changes. Mr McKay then provided a brief overview of the Bill, summarising its key features and advising of his plans to amend it, given the fact that the Executive have adopted the proposal. As currently drafted, it includes provision for a charge on single–use plastic bags. It also requires suppliers to pass on the charge to their customers and forward the proceeds, which are to be used for environmental purposes, to the DOE. In addition, the Bill establishes offences of failure by suppliers to impose the charge or to comply with their duties under the legislation. Finally, it makes councils responsible for the monitoring and enforcement of the new arrangements in their district. However since the Budget announcement and the Environment Minister and the Executive indicating their support for a carrier bag levy, Mr McKay has decided to amend the Bill. The final decisions on the price of the levy, how it is brought in and who is responsible for collecting it will be brought in under the Climate Change Act, which is already in place. The Climate Change Act will be changed to ensure that the revenue that is raised will go to the Department. That is the key element of the legislation. Again UUP, SDLP and Alliance MLA’s opposed the Bill stating that ‘it is the right idea being done in a shoddy way without proper consultation’ and the Bill ‘is a recipe for bad legislation: improper scrutiny; not listening to the issues; and not readjusting our position to adapt the legislation to address the concerns of people in the community who have a deep interest in getting it right.’ However as the Bill required cross–community support, support form Sinn Fein and the DUP ensured that the Second Stage of the Bill was passed by 56 votes to 16.

Written Answers to Questions

Minister of the Environment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/110204.htm#7
Northern Ireland Environment Agency (4 February)
The Minister was asked to detail any changes he intends to make to the Northern Ireland Environment Agency, as a result of the draft Budget 2011–15 and for his assessment of the impact these changes will have on its role in environmental protection and practices. The Minister replied that it is not envisaged that any fundamental structural change will be made to the NIEA as a result of the Draft Budget 2011–15. The proposed reduction in the NIEA’s current expenditure budget for 2011–12 (£3.7 million) represents an 8% reduction compared to the 2010–11 opening budget position. It is proposed to deliver this overall saving through the following measures: Reduction in Events £0.4m; Reduction in Grants and Surveys (Built Heritage) £0.8m; Reduction in Grants and Maintenance (Natural Heritage) £1.0m; Reduction in Monitoring (Environmental Protection) £0.5m; Vacancy Management, Better Regulation and additional income £1.0m totaling Total £3.7m. The proposed reduction of £0.5 million in Environmental Protection will require a reduction in proactive pollution prevention and the capacity to respond to non planned pollution monitoring. In addition, it is likely that there will be an increase in the time taken to process waste management licences and to carry out environmental inspections.

Minister of the Environment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/110211.htm#7
Infraction Procedures (11 February)
The Minister provided the following table detailing infraction procedures currently being addressed by DoE, including the cut off dates, under EU rules, by which action should be taken:

Directive title	Reason for Infraction	Type / Scope of Infraction	Cut off date for action to be taken	Any additional comments
Landfill Directive (1999/31/EC)	Non–compliance with the closure and aftercare requirements of the Directive.	NI infraction.	No formal cut–off under current stage.	The Commission is looking for a response on the making of amending Regulations by end of March 2011.
End of Life Vehicles Directive (2000/53/EC)	Implementation issue.	UK–wide (BIS in lead)	No formal cut–off under current stage.	It is believed that the Commission is content with the action taken by UK authorities but the case has not yet been formally closed.
Conservation of Wild Birds (2006/2112)	Failure to properly transpose and implement the requirements of the Directive.	UK–wide	Response to the Commission’s allegations due 28 February 2011.	Likely to require legislative changes in 2011/12 and has potential cost implications for the Department if further work is required in relation to implementation
Council Directive 1998/83/EC on the quality of water intended for human consumption (the Drinking water Directive)	Non Conformity with Directive and Private Water supply exclusion	UK Wide	April 2010	Following making of Private Water Supplies Regulations (Northern Ireland) 2009, Private Water Supplies (Amendment) Regulations (Northern Ireland) 2010 and the Water Supply (Domestic Distribution Systems) Regulations (Northern Ireland) 2010 it is anticipated that the Commission will close infraction proceedings in respect of DOE.
Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (the Water Framework Directive).	Commission alleges various transposition issues	UK wide	Next response due to the Commission by 19 February 2011	NI along with other Devolved Administrations may need to make amending regulations to address some of the Commissions concerns.
Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (the Priority Substances Directive).	Non–transposition.	NI and Gibraltar only.	July 2010.	Following making of Water Framework Directive (Priority Substances and Classification) Regulations (Northern Ireland) 2011 it is anticipated that the Commission will close the case shortly.
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (the revised Waste Framework Directive).	Late transposition.	UK–wide.	Response to Commission by 16 March 2011.	It is hoped to have the transposing regulations in place just before the date of response to the Commission and these will be included in the UK response.

Minister of Agriculture and Rural Development

http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/110218.htm#2

National Register of Trees of Special Interest (18 February)
The Minister indicated that DARD does not plan to create a statutory national register of trees of special interest. Forest Service will deliver forest policy through implementation of the forestry strategy and to this extent Forest Service maintains an accurate inventory of the woodland it manages and has comprehensive records of woodland established under its grant schemes. The Agency is establishing baseline data of woodland cover and type in the north of Ireland using other available woodland information to provide more comprehensive data. This work has commenced and, in accordance with the Forestry Act (NI) 2010, it is my intention that it will lead to the publication of a woodland register containing information in relation to the location, of woodlands and types of trees contained within them. As envisaged in the Forestry Act, the register will be published at intervals not exceeding 10 years. In a response to a subsequent question the Minister revealed that for the year 2009/2010 the total woodland cover in the Northern Ireland is 87,800 hectares which compares to a published figure of 87,200 hectares in 2006/2007.

Minister of Enterprise, Trade and Investment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/110218.htm#6
Electricity Generated from Indigenous Renewable Sources (18 February)
In the year ended 31 December 2010, the annual average percentage of electricity generated from indigenous renewable sources was 8.37%. Across the 12 month period, this ranged from 4.73% in February to 12.48% in October. While this is lower than the figure for 2009, with the number of renewable energy planning applications and the increase in generation from non– wind technologies that is emerging, there should be sufficient capacity to meet the 2012 target of 12%.

Answers to Oral Questions 

Minister of the Environment
http://www.niassembly.gov.uk/record/reports2010/110208.htm#a4
Marine Management (8 February)
The Minister reiterated his belief that there is no need for a marine management organisation stating that DoE is the marine planning authority for the offshore region, it is also the marine licensing authority and is also responsible for marine nature conservation. Proposals for a marine Bill also envisage DoE as the marine planning authority for the inshore region. The Minister added that he could see no reason to transfer responsibilities from the control of a Minister who is accountable to the Assembly and the electorate to a non–elected quango.

Environmental Projects (8 February)
The Minister was asked how core environmental projects will be funded if the plastic bag levy does not raise the revenue anticipated in the Budget. In response he stated that the introduction of a plastic bag levy can only be implemented once the relevant legislative powers are in place. As it is anticipated that the earliest that a scheme could begin to raise revenue is April or May 2012, a range of environmental programmes around river restoration, environmental noise, marine resources, minerals mapping, fly–tipping and the repatriation of waste have been identified that may have to be suspended or postponed pending revenue receipts from the plastic bag levy. DoE officials will draw up contingency plans to prioritise the environmental projects and the key element of each project. The prioritisation exercise will allow the DoE to explore any alternative funding or delivery options, such as funding through INTERREG projects, increasing income in other business areas such as licensing, identification and introduction of efficiencies in current working practices, partnering with non–government bodies and volunteering initiatives. However, even after exploring those options, it may still be necessary to postpone some of the environmental projects while monitoring the risk of potential EU infraction. Should the risk of infraction increase significantly, the Minister will ensure that officials continually review the position with a view to bringing forward elements of projects as well as proposals for the reprioritisation of other work areas across the Department.

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February 2011

Executive Committee Business

Minister for Regional Development
http://www.niassembly.gov.uk/record/reports2010/110124.htm#c
Transport Bill: Consideration Stage (24 January)
The Minister moved the Consideration Stage of the Transport Bill. Among the many amendments discussed and passed were those relating to the inclusion of accessibility and sustainability as additional matters to which the Department must have regard when carrying out its duty to secure the provision of public passenger transport services. These amendments reflect the aim of the public transport reforms to create an ‘efficient, effective and sustainable public transport system’ that contributes to the Executive’s transportation, environmental, social inclusion and equality objectives while supporting the development of the wider economy.

Minister of the Environment
http://www.niassembly.gov.uk/record/reports2010/110125.htm#h
Waste and Contaminated Land (Amendment) Bill: Final Stage (25 January)
The Minister moved the Final Stage of the Waste and Contaminated Land Amendment) Bill. The main purpose of the Bill is to legislate for a partnership approach between the DoE and the local government sector in dealing with illegal waste activity. The Bill provides the DoE and councils with the legislative authority to deal effectively with fly–tipping and waste, and it strengthens the enforcement powers of departmental and council officials. In addition, the Bill makes necessary amendments to existing legislative provision for the introduction of a contaminated land regime in Northern Ireland, mainly to reflect lessons learned through operational experience in England and Wales, and a minor amendment to the Producer Responsibility Obligations (Northern Ireland) Order 1998 to provide an inclusive definition of the Department’s powers of entry and inspection.

Ministerial Statements

Minister of the Environment
http://www.niassembly.gov.uk/record/reports2010/110117.htm#4
Draft Planning Policy Statement 23 (Enabling Development) and Draft Planning Policy Statement 24 (Economic Considerations) (17 January)
The Minister issued two planning policy statements (PPS) for public consultation, draft PPS 23, which deals with enabling development, and draft PPS 24, which refers to economic considerations. Draft PPS23 provides a mechanism for subsidising the restoration and the refurbishment of built heritage or other assets where there are clear public benefits and where the work cannot be funded by other means. It allows a development proposal that is contrary to established planning policy to be permitted where that development or its proceeds are needed to secure the long term future of the heritage asset in the public interest.  Draft PPS 24 makes it clear that full account shall be taken of the economic implications, as well as the social and environmental aspects of a proposal when making planning decisions. Draft PPS 24 makes it clear that where the economic implications of a proposal are significant then substantial weight should be afforded to them. In such cases, substantial weight can mean “determinative weight.” The Minister added PPS24 ‘gives economic considerations a greater weight than was the case heretofore, and that is why I am keen, at this time of recession, that we move forward with it as quickly as possible’. The public consultation on both documents runs until 6 May 2011.

Written Answers to Questions 

Office of the First Minister and deputy First Minister
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/110107.htm#1
Sustainable Development Commission (7 January)
The Office of the First Minister and deputy First Minister stated that following DEFRA’s decision to withdraw funding for the Sustainable Development Commission (SDC), they have reluctantly accepted that it would not be feasible for the local SDC office to continue to provide the full range of services and will cease funding the SDC after 31st March 2011.

Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/110107.htm#2
Nitrates Derogation (7 January)
The Minister explained that the European Commission Decision extending the derogation under the Nitrates Directive until 31 December 2014 applies only to the spreading of manure from grazing livestock, namely cattle, sheep and goats, on grassland farms. The derogation does not apply to manure from pigs or poultry or poultry litter because spreading this material on land at rates above the general 170kg/Nitrogen/hectare limit set by the Directive will over supply nutrients, particularly phosphorus. Grassland farms wishing to operate under an individual derogation must make an annual application and meet specific criteria including submission of fertilisation accounts and additional nutrient management measures.

Rose Energy Incinerator at Glenavy (7 January)
In response to a question on the annual cost of disposing of poultry litter, the Minister replied that over 200,000 tonnes of poultry litter is generated each year and the vast majority is spread on land. However, land spreading of poultry litter at current levels is not sustainable in the long term due to its high phosphorus content, the enriched phosphorus status of local soils and the resulting detrimental impact of excess phosphorus on water quality. A working group of government officials and poultry industry representatives has recently investigated interim options for the storage and use of poultry litter pending the establishment of a sustainable long term technical alternative to land spreading. Conclusions to date indicate that most potential options are either not available due to lack of capacity or are cost prohibitive. Where capacity has been identified, the cost of disposal is estimated to be approximately £90 per tonne of poultry litter. However, the capacity available is limited and insufficient to deal with the amount of poultry litter currently spread on land. There are also logistical and technical constraints. As a viable option with sufficient capacity has not been identified an annual cost cannot be estimated.

Rural White Paper (21 January)
The Minister provided an update on the development of a Rural White Paper (RWP). DARD is actively working with other Departments on the development actions for inclusion in the RWP.  The Minister has recently held very positive bilateral meetings with many of her Ministerial colleagues on the importance of the RWP and they have agreed concrete actions for inclusion in the action plan. The Minister reiterated her commitment to issuing a draft RWP Action Plan for consultation by 31 March 2011.

Minister of Finance and Personnel
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/110107.htm#8
Plastic Bag Levy – Costs (7 January)
The Minister stated that in developing the estimated resource generated by a plastic bag levy it was assumed that the levy per bag would be 15p. Based on current estimates some 189 million ‘single use’ carrier bags were used in Northern Ireland in 2009/10. As such a 15p levy per bag would generate some £28.4 million per annum. An adjustment to this figure was then made to account for the estimated decline in usage due to changes in consumer behaviour. An allowance was also made for the costs that the Executive will incur for administration, enforcement and promotion of the levy. The proposed plastic bag levy receipts have been initially allocated to the advancement of the Green New Deal.

Minister for Social Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/110107.htm#12
Boiler Scrappage Scheme (7 January)
The Minister stated that in January 2011 I will announce a new Fuel Poverty Strategy which will include a pilot Boiler Replacement Scheme and expected the new Scheme to be in place for spring 2011. Unlike the Boiler Scrappage Scheme in England the Boiler Replacement Scheme will be targeted at vulnerable people who have inefficient boilers.

Minister of the Environment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/110128.htm#7
Assessment on Efficiency (28 January)
The Minister explained that DoE has faced very significant financial pressures primarily as a consequence of the significant and sudden decrease in planning application income and various reductions to the DoE’s overall budget. The overall budgetary pressure at the beginning of this financial year was circa £16 million (in excess of 12% of the opening budget position). This scale of financial pressure within one financial year follows a difficult financial position in 2009–10 when the DoE had to absorb financial pressures of circa £9 million. To address these pressures two reviews were commissioned to identify how efficiencies could be achieved from a reduction in the cost of delivering corporate services across the DoE and its executive agencies; and by aligning the Planning Service operating costs to forecast levels of planning application income. When fully implemented, the Corporate Services Review will deliver savings of circa £2 million. The Review of the Planning Service Operating Costs has identified potential savings of circa £9 million. This will be partly delivered through a rapid reduction in staffing and revising the fees structure for planning applications. The review of Planning Fees should deliver in excess of £2 million per annum which, in addition to the savings from the review of planning operating costs, should contribute to moving the Planning Service to a balanced budget position. In addition, the level of discretionary spend across the DoE has been significantly reduced and the DoE will continue to ensure all resources are efficiently utilised in the delivery of its services and programmes.

Minister for Regional Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/110128.htm#10
Proposed A5 Road Development (28 January)
In response as to whether the proposed A5 road development justified a spend of £700 million. The Minister stated that Roads Service has advised that the Full Economic Appraisal for the A5 Western Transport Corridor will be finalised once the details of the scheme have been confirmed, following the consideration of issues arising from the Public Inquiry, which he anticipates will be held in May/June this year.  Preliminary Option and Preferred Option Reports have been produced as part of the scheme development process. These reports set out the economic position at each of these key decision points. At the Preferred Option Stage, the ratio of benefits to costs was 1.74.

Transport Bill (28 January)
The Minister stated that he expected that the Transport Bill will complete its passage through the Assembly Stages and receive Royal Assent by spring 2011. Thereafter, the Act will come into effect in stages as it will be necessary for the DRD to finalise policy development and make regulations by way of subordinate legislation to support the powers taken in the Act.  Clauses 35, 37, 41 and 47 will come into effect immediately on Royal Assent. The Department envisages that it will be a further 12 to 18 months before it will either require or be in a position to commence the remaining provisions of the Act. During this time the Department will work with stakeholders on the provisions of any necessary subordinate legislation.

Answers to Oral Questions

Minister of the Environment
http://www.niassembly.gov.uk/record/reports2010/110118.htm#5
Recycling (18 January)
The Minister stated that the latest official data indicates that, in 2009–2010, Northern Ireland achieved a 35•6% household recycling rate, which was up from 34•4% in the previous year and is a significant improvement on the 4•9% rate achieved in 1999. Based on historical trends, Northern Ireland is on track to meet the 50% EU household recycling target by 2020. He was however aware that, in 2009–2010, a number of councils met or are close to meeting the 50% target while several councils are achieving rates well below that and below the Northern Ireland average.  Councils that underperform already impose a penalty on their ratepayers, and they will continue to do so. By 2013, it will cost roughly £100 a ton to tip waste into landfill sites. Therefore, it is in the interests of councils and ratepayers for that waste to be diverted either to generate energy or to be recycled. If some councils achieve 50% now while others achieve only 27% or 28%, people should recognise that there is a significant gap to be filled. The Minister added that if it comes to the point where Northern Ireland as a whole ends up being fined because councils are lagging behind, we will have to look at fining or imposing that burden on particular councils to incentivise them to meet the targets that are set.

Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/record/reports2010/110131.htm#g
Resources for Woodland (31 January)
The Minister outlined how in the current Programme for Government, she made resources available to increase woodland cover by 1,650 hectares by March 2011, primarily through the conversion of agricultural land to woodland under the woodland grant scheme. Up to the end of December 2010, 671 hectares of new woodland had been created. Given that this is obviously less than planned at this stage of the PFG, it is unlikely that the target will be achieved by March this year. The Minister however reiterated her commitment to the forestry strategy’s long–term aim of doubling the area of woodland at a rate that will depend on both the willingness of landowners and farmers to plant trees and available budget cover. Following her announcement in November 2009 of increases in grant rates of up to 30%, there has been a steep rise in the area of woodland creation applied for since then. The Minister therefore expected that increased interest in applications to result in more woodland creation that will continue into the next PFG period. In the meantime DARD will increase its efforts to promote the benefits of woodland creation and to provide assistance to farmers and landowners in the creation of new woodlands. The available support is significant and includes increased grant rates; changes in the single farm payment to allow farmers to continue to receive the single farm payment as well as a forestry grant for land converted; and advice and guidance from skilled and professionally qualified staff. The Minister will also consider how best the Department can integrate woodland creation and other land use management to achieve the priorities set for both agriculture and forestry.

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December 2010 Update

Executive Committee Business

http://www.niassembly.gov.uk/record/reports2010/101214.htm#a8
Planning Bill: Second Stage (14 December)
The Minister sought approval for the Second Stage of the Planning Bill which provides for a transfer of ‘better, faster development plans and development management functions to councils’. Part 1 of the Bill sets out DoE’s land–use planning responsibilities. Councils will be required, through Part 2, to bring forward 15–year local development plans that take account of the regional development strategy of planning policies and other relevant plans, policies and guidance. Councils will be required to review these plans every five years and will have the flexibility to review and amend their plans as often as required. Each local development plan will comprise two documents: a plan strategy (setting out the strategic vision for the future of the area, along with strategic objectives and policies and a strategy for growth), and a local policies plan providing details such as where the various activities may be developed. In line with its statement of community involvement, each council will work with the community throughout the planning process.

Before they can be adopted, the plan strategy and the local policies plan will each need to be subjected to independent examination to test how sound the plan document is with the public and interested parties having the opportunity to make representations to the examination. People who do so will need to demonstrate why a plan document is not sound and will have to propose a solution to the problem.

In the Bill, the DoE retains powers of oversight and intervention in relation to local development plans. If it seems to the DoE that a council is not making satisfactory progress with the development of its plan, or if the Department believes that a plan needs to be changed, it will be able to step in and take action.

Part 3 of the Bill sets out the arrangements under which development will be managed by councils and the DoE. The proposals aim to channel resources towards the applications with the most economic and social significance, with decision–making mechanisms that are proportionate to the scale and the complexity of the proposed development. Part 3 of the Bill, therefore, envisages three tiers of development proposals, and it treats each tier in the most appropriate way.

The top tier is regionally significant applications. The second tier of applications are those described as “major” because they relate to projects that would have a significant impact on the council area in which they are to be developed. The final tier comprises applications likely to impact on only the immediate locality. Those local applications include small offices or small residential and minor commercial or industrial developments.

Pre–application community consultation is not an optional extra. The Department and the councils may choose not to process applications if that consultation has not been done or has not been done to a set standard.

As it is unrealistic to expect Councillors to determine every planning application, the Bill requires councils to publish schemes setting out the types of application that councils will normally determine and those that would normally be delegated to planning officers for decision.

The Bill will transfer to councils the powers to designate conservation areas and to control works on listed buildings. However, the powers to list or delist buildings of architectural or historic interest and of voluntary or compulsory acquisition of listed buildings will remain with the DoE. To further protect the built heritage, the Bill creates a new offence of partial demolition of an unlisted building in a conservation area, and it encourages development to enhance conservation areas.

Part 5 of the Bill transfers to councils the power to enforce against planning breaches in their respective areas. However, the DoE will retain powers to issue enforcement notices or stop notices but only after first consulting the council for the area. Councils will have new powers to issue fixed penalty notices for the offence of failing to comply with an enforcement notice or a breach of condition notice.

While there was a general welcome for the content of the Bill, given the enormity of the Bill (248 clauses, seven schedules, and 15 Parts), many members expressed concerns over the timing of the legislation and wisdom of introducing the Bill at this late stage in life of the current Assembly. Despite these concerns that the Committee Stage of the Bill would be rushed, the Second Stage of the Planning Bill was agreed.  The Committee for the Environment have subsequently published a Call for Evidence in relation the Planning Bill. Further information on the Bill can be found at: http://www.niassembly.gov.uk/legislation/primary/2010/nia7_10.htm and the closing date for the receipt of submissions is 14 January 2011.

Waste and Contaminated Land (Amendment) Bill: Consideration Stage
http://www.niassembly.gov.uk/record/reports2010/101215.htm#a8
The Minister of the Environment moved the Consideration Stage of the Waste and Contaminated Land (Amendment) Bill and members debated and agreed a number of amendments: Amendment No 1 allowed for the range of fines for minor fly–tipping offences to be raised to between £100 and £400. Amendments Nos 2, 3 and 4, which relate to clause 5 of the Bill and gives councils investigative and enforcement powers in relation to illegal waste activity was amended to also allow council officials to take enforcement action in the event of a failure to present appropriate waste documentation.

Clause 8 allows for all appeals against contaminated land remediation notices to be heard by the Planning Appeals Commission (PAC). However, there is currently no provision for the PAC to charge a fee for that type of appeal therefore amendment No 6, which introduces a fee for appeals against remediation notices was also agreed.

Amendment No 7, to schedule 1 to the Bill, related to the future amendment of fixed penalty amounts. Effectively, amendment No 7 ensures that any change to the amount of those fixed penalties will be subject to affirmative resolution, which will afford the Assembly greater control in that area and ensure consistency with other Assembly legislation.

Amendment No 5 which was to provide enabling powers for DoE to introduce, by regulation, targets for the quality of recycled material to be produced by councils was subsequently withdrawn by its proposer Danny Kinahan.

Ministerial Statement

http://www.niassembly.gov.uk/record/reports2010/101215.htm#a4
Draft Budget 2011–15 (15 December)
The Minister of Finance and Personnel made a statement on the draft Budget 2011–15. While the budget outlines the high level figures that will be available for each department, it does not provide information on how this money will be allocated within departments. Instead, each individual department will consult on the allocation of their resources. The main elements of the draft budget are:

The ‘health’ elements of the DHSS&PS budget are to be protected.

•  A £20million Social Protection Fund will assist “those most in need”.

•  A Social Investment Fund will be established to tackle disadvantage.

• The freeze on the domestic and non–domestic regional rate has been lifted.

• Water charges will not be introduced.

• The Green New Deal will be supported with £4million per year.

• A charge on plastic bags will be introduced and it is estimated that it will raise up to £4million per year.

• The Executive will provide an assistance package for Presbyterian Mutual Society savers.

• Civil servants earning over £21,000 will have their cost of living pay increase frozen.

• Changes to legislation regarding Belfast Port will allow the Executive to receive an on–going share of the Port’s profits.

•  Reserves belonging to Housing Associations should be used to top up the cost of building new houses.

• All quangos and Arms Length Bodies are to be reviewed and Ministers will prepare recommendations on their future by May 2011.

• There will be an £18million package of initiatives to address unemployment.

The Minister’s full statement is available at: http://www.niassembly.gov.uk/record/reports2010/101215.htm#a4.

A full copy of the budget document for consultation is available at: http://www.nicva.org/sites/default/files/draft%20budget_0.pdf.

Consultation on the Draft Budget will conclude on 9 February 2011.

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December 2010

Executive Committee Business

Ministerial Statement

Local Government Reform and Planning Reform Programmes
http://www.niassembly.gov.uk/record/reports2010/101130.htm#a
The Environment Minister outlined his proposals for the reorganisation of local government, as well as his plans for a fundamental overhaul of the planning system. The five key aspects of his proposals for the reorganisation of local government are: the introduction of governance arrangements to ensure that councils operate to high standards, pursue equality and fairness within a framework of checks and balances and that there is openness and transparency in how they conduct their business; introduction of a new ethical standards regime for local government; development of a new council–led, statute–based community planning process including the introduction of a new power of well–being; introduction of a new service delivery and performance improvement framework involving a revised, more expansive statutory duty for councils to secure best value and continually improve the services and; creation of a partnership panel to formalise relationships between the Executive and district councils to consider strategic issues collectively. Full details of these reform and modernisation proposals are set out in the consultation document.

The Minister also outlined his plans to introduce a Planning Bill to strengthen local democracy by devolving planning powers to the 11 new councils and putting locally elected politicians at the heart of the local decision–making. Councils will be the planning authorities, responsible for drawing up their own development plans and making the vast majority of planning decisions. The 11 new councils will be able to use the new local development plans to provide a vision of how where development should take place what form it should take. The Minister added that the opportunity to develop appropriate linkages with the proposed community planning responsibilities should not be missed. By April 2011, Planning Service functions and staff responsible for them will be absorbed into the core of DOE and will no longer operate as an agency. These functions will be taken forward by two divisions. Local Planning Operations Division will be responsible for the Development Plan and Development Management functions which will in time transfer to local government. Strategic Planning Operations Division will take forward the responsibilities which will remain with the Department. The existing six Divisional Planning Offices will be streamlined to five Area Planning Offices.  A pilot programme will be put in place to test the working arrangements for the delivery of planning functions by the new councils before they are rolled out across the new council areas.

Ministerial Statement

North/South Ministerial Council Environment Sectoral Format (8 November)
http://www.niassembly.gov.uk/record/reports2010/101108.htm#b
At the eleventh meeting of the North/South Ministerial Council in environment sectoral format held on 20th October 2010, the Council received a presentation on environmental research by the NIEA and the EPA. Ministers welcomed proposed actions in: exploration of mechanisms to align/co–fund ongoing work; research into priority areas; data management and sharing of joint working and knowledge between regulators and researchers; and the development of an application for a joint project. The Northern Ireland’s central statistics and research branch, on behalf of the NIEA and the EPA, has commenced work to develop a common set of environmental indicators and the EPA and NIEA are also working together to access funding for environmental research. Ministers received a report on the progress of the repatriation of illegally dumped waste and an update on the Waste Framework Directive. The Council welcomed the publication of River Basin Management Plans and heard that a North/South working group on water quality will oversee co–ordinated implementation of the plans.  In response to a follow–up question on waste the Minister stated that he believes it is essential that we have energy from waste but his ‘notion’ at this point is that Northern Ireland has too small a population to go down the route of incineration; however, he remained open to the suggestion. The Minister also stated said that incinerators need a lot of material to keep them going, and in some senses incineration can, therefore, encourage the production of waste. Nonetheless, I believe that it is a proven and safe technology.

North/South Ministerial Council: Transport Sectoral Format (9 November)
http://www.niassembly.gov.uk/record/reports2010/101109.htm#b
At the ninth meeting of the NSMC in transport sectoral format, held on 20 October 2010, Ministers noted: the continued promotion, through the National Sustainable Transport Office and the Travelwise initiative, of walking, cycling, public transport and car–sharing to businesses by commuters and to schools; welcomed the success of the all–island bike week 2010; the success of the cross–border challenge, promoted by Travelwise and An Taisce’s Green–Schools travel programme; welcomed the continued development and success of the car–sharing scheme for the north–west region. The Minister also welcomed the ongoing co–operation and advice from the Electricity Supply Board (ESB) to assist DOE and DRD in submitting a bid to the Department of Transport’s Plugged In Places initiative, which provides funding for electrical vehicles infrastructure. A key aspect of the DOE/DRD bid is the potential to link plans in both jurisdictions. The Minister added that the bid for the Plugged In Places initiative was submitted on 29 October and is supported by a diverse consortium, including local councils and representatives of the energy, motor and IT industries.  The objective is to create a network of connection points so that people can avail themselves of that network when they are travelling throughout the island.

Committee Business

Strategic Energy Framework (16 November)
http://www.niassembly.gov.uk/record/reports2010/101116.htm#a2
The Chair of the Committee for Enterprise, Trade and Investment proposed that:

This Assembly notes the Department of Enterprise, Trade and Investment’s strategic energy framework which is intended to establish the direction for Northern Ireland energy policy up to 2020.

The framework has been developed around four key goals: the building of competitive markets; ensuring security of supply; enhancement and sustainability; and developing our energy infrastructure.  DETI has set a target of 40% of electricity for renewable energy by 2020. Grid infrastructure development is required to meet that target and to provide a means of getting the renewable electricity generated onto the grid. A smart grid will also contribute to improving energy efficiency and, ultimately, reducing energy use and cost. Members heard that not having the proposed North/South interconnector in place is costing consumers between £18 million and £20 million a year, and of the need to make it more affordable for renewable electricity generators to get their electricity on to the grid. The Chairperson also noted that while the strategic energy framework takes us up to 2020, a number of groups that gave evidence to the Committee’s inquiry stated that action is needed now to secure our energy future up to 2050. The Minister urged those involved in energy production and supply to increase their communication with the public, as public perception about renewables is one of the areas that causes her concern stating that we need to explain to people why we need more renewable energy installations of every kind and why we will need more of the associated grid infrastructure. The Minister added that Government will play its part and the Executive will shortly consider the issue of a more joined–up approach to sustainable energy messaging across government.

Written Answers to Questions

Minister for Regional Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/101119.htm#11
Review of Regional Transportation Strategy (19 Nov)
The Minister revealed that DRD had received received 37 responses to the Discussion document on the review of the existing Regional Transportation Strategy issued in December 2009 in order to generate discussion and debate on the future for transportation here. Ten of these 37 responses featured either directly or indirectly the differential expenditure between roads and public transport. Other views identified challenges around the need for behavioural change, addressing climate change and transport emissions, the availability of funding generally and the affordability of public transport particularly in rural areas.

Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/101126.htm#2
Rural White Paper (26 November)
The Minister stated that the Rural White Paper Stakeholder Advisory Group completed its work earlier this year following which its recommendations were formally considered by DARD and the other Departments with responsibility for rural issues. DARD is continuing to engage with other Departments with a view to identifying realistic and meaningful actions for inclusion in the Rural White Paper. The Minister also discussed the development of the Rural White Paper with Minister Carey at the North/South Ministerial Council meeting in Dublin in November and is also currently undertaking a series of bi–lateral meetings with some of her Ministerial colleagues in the Executive. The Minister reaffirmed her commitment to work towards issuing a draft Rural White Paper for consultation by 31 March 2011.

Floods Directive (26 November)
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/101126.htm#2
The Minister stated that DARD Rivers Agency is the competent authority for the implementation of the Floods Directive and in order to complete the Preliminary Flood Risk Assessment has gathered a large amount of data from many local sources. Information available within the Agency has been collected with details from NI Water, Roads Service, NIEA and all relevant key infrastructure stakeholders. This information is currently being analysed to produce a draft list of significant risk areas which will be made public early in the next financial year. All interested parties and in particular those with local knowledge will have the opportunity to provide comments on the draft list once it is published. Any new information will all be carefully considered before a final list of areas at significant risk is produced.

Oral Answers to Questions

Enterprise, Trade and Investment
http://www.niassembly.gov.uk/record/reports2010/101108.htm#h
Lignite Prospecting: North Antrim (8 November)
The Minister confirmed that while the moratorium on mineral prospecting licences for lignite expired on 25 October 2010, she proposes to extend the moratorium for a further three years and that as the Strategic Energy Framework for Northern Ireland 2010, states that DETI will maintain a watching brief on the future role of lignite, this extension is consistent with that policy.

Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/record/reports2010/101122.htm#6
Woodland Targets (22 November)
Although the PfG target is to increase woodland cover by 1,650 hectares by March 2011, the Minister revealed that up to the end of this year, 653 hectares of new woodland will have been created. It is now unlikely that the target will be achieved by March 2011. However, since November 2009, when the Minister announced increases in grant rates of up to 30% there has been a steep rise in the area of woodland creation applied for. In fact, when compared with the amount applied for during the same period last year, it was 70% higher.

Minister of the Environment
http://www.niassembly.gov.uk/record/reports2010/101130.htm#e
Local Government: Recycling (30 November)
While Northern Ireland is on track to meet the waste management strategy recycling target of 35% by 2010 there is an issue with councils’ varying success in achieving that target. The Minister explained that under the Northern Ireland Landfill Allowance Scheme (NILAS) regulations, an essential element of the DoE strategy is to meet the obligations of the EU landfill directive. If there were substantial slippage in that infrastructure programme, any fine accruing to the United Kingdom as a whole because of Northern Ireland’s non–compliance would be deducted from the Northern Ireland block. That fine would then be passed on to the councils in the defaulting waste management groups. Obviously, if particular councils in a group are not performing as part of the waste management group system, all the councils in that group could be hit with a fine. It is, therefore, important that those waste management groups are the driving force in ensuring that those targets are met, otherwise a taxation burden, from which no benefits can be derived, will be placed on the public.

Private Members’ Business

Protection of Quarry and Construction Industries (15 November)
http://www.niassembly.gov.uk/record/reports2010/101115.htm#a11
Members discussed and unanimously supported a motion:
That this Assembly, while noting the Treasury’s commitment to introduce a replacement for the current aggregates levy credit scheme from April 2011, expresses its concern over the decision to end Northern Ireland’s 80 per cent derogation on 1 December 2010; and calls on the First Minister and deputy First Minister to take all possible steps, including working at Treasury and EU level, to protect the quarry industry, the construction industry and Northern Ireland’s wider economy against the implications of this decision and the decision of the EU General Court.

Members agreed that the scheme brought important benefits, not least in the protection of jobs and the environment. Under the scheme, quarry owners agreed that they would work together with the DoE to tackle problems such as noise, dust and water pollution at quarry sites.  To be considered for the relief, Northern Ireland firms need to formally enter into, and comply with, negotiated agreements with the UK Government committing them to a series of environmentally friendly schemes for the duration of that relief with quarries being subject to annual environment audits. The environmental audit that is used on each site has a ranking system of one to five for each issue, with one and two being non–compliant, and three to five showing compliance at or above defined standards. DoE records show that, since the scheme was introduced, ongoing work with the operators has reduced non–compliance scores by 98% and that there has been a corresponding 66•5% increase in the top scores of four and five.

Hunting Bill: First Stage (16 November)
http://www.niassembly.gov.uk/record/reports2010/101116.htm#a6
Brian Wilson introduced the Hunting Bill which is a Bill to make provision about hunting wild mammals with dogs. The Bill passed First Stage and will be put on the list of future business until a date for its Second Stage is determined.

Single Use Plastic Bags Bill: First Stage (6 December)
http://www.niassembly.gov.uk/record/reports2010/101206today.htm#n
Daithi McKay: Introduced the Single Use Plastic Bags Bill, which is a Bill to impose a levy on suppliers of single use plastic bags; to provide for the application of levy receipts; and for connected purposes. The Bill passed First Stage and will be put on the list of future business until a date for its Second Stage is determined.

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November 2010

Private Members’ Business

http://www.niassembly.gov.uk/record/reports2010/101005.htm#d
Green New Deal (5 October)
Members debated and unanimously passed a motion:

That this Assembly notes the benefits that can be achieved through implementing the green new deal in Northern Ireland; supports the need for improved energy efficiency to reduce fuel use and meet European Union and United Kingdom carbon emissions targets; believes there is a real opportunity to create 30,000 sustainable green–collar jobs; and calls on the Executive to implement a cross–departmental strategy to ensure that the potential benefits of the green economy are realised for Northern Ireland.

Members acknowledged that the adoption of a green new deal offers the Government an opportunity to tackle the environmental, economic and social issues that face our society and that the green new deal is not purely about improving Northern Ireland’s green credentials and creating a more sustainable supply–and–demand network. It also offers the Executive a viable job– and wealth–creation opportunity that is particularly relevant in the current climate of austerity and rising unemployment. Stephen Farry pointed out however, that while members had a healthy and positive debate, it will only be meaningful if it was used as a platform from which the Assembly can move forward.

Answers to Written Questions

Office of the First Minister and Deputy First Minister
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/101001.htm#1
Sustainable Development Commission (1 October)
The Ministers revealed that OFMDFM is currently contributing £120k per annum towards the funding of the Sustainable Development Commission (SDC). They added that the Executive remains committed to the principles of sustainable development and to progressing the priorities and strategic objectives set out in its new Sustainable Development Strategy. In light of DEFRA’s decision to withdraw funding from the SDC, OFMDFM are currently considering options relating to the future of the organisation. Any decision will have to be taken against the background of current spending pressure reviews faced by all Departments.

Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/101001.htm#2
Common Agricultural Policy (1 October)
Minister Gildernew outlined DARD’s position and input to the European Commission’s proposals to reform the CAP. The EU Commission is expected to publish a Communication outlining its thinking on the future of the CAPolicy in November 2010, followed by legislative proposals in mid 2011. Upon publication of the Commission’s paper, DARD will undertake a consultation with stakeholders which will assist in the development of a detailed policy position and response. The Minister added she had already made clear that the CAP needs to be adequately funded, with the Single Farm Payment being maintained, especially given its importance to local farmers’ incomes.

Minister of the Environment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/101001.htm#7
Committee on Climate Change/ Climate Change Bill (1 October)
The Minister stated that he had no current plans to request a specific report from the Committee on Climate Change on progress on meeting climate change targets in Northern Ireland and that progress on the Programme for Government (PfG) targets, including the target for a 25% reduction in greenhouse gas emissions by 2025 on 1990 levels, is monitored on a quarterly basis by OFMDFM. In August 2010 the Minister chaired the first meeting of the Executive’s Cross–Departmental Working Group on Greenhouse Gas Emissions. This group is primarily tasked with developing an action plan by December 2010 setting out the strategic approach and actions to be taken across Departments to meet the PfG target. In response to a subsequent question (8 October 2010), Minister Poots stated that he continued to consider the matter of a Climate Change Bill for Northern Ireland. The Minister added that the UK Climate Change Act 2008 extends to Northern Ireland and given the uncertainty levels associated with the current method of calculating greenhouse gas emissions he was not fully convinced of the need for a separate Northern Ireland Climate Change Bill at this time.

Minister of Enterprise,Trade and Investment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/101008.htm#6
Renewable Energy (8 October)
The Minister revealed that her Department has just completed a study into options for future incentivisation of renewable electricity in Northern Ireland, adding that the  Department must take account of (a) the impact of subsidies on electricity bills and (b) the ability of any particular incentive mechanism to deliver Northern Ireland’s overall target of 40% electricity from renewable generation by 2020. While an announcement was planned for 2010, this will however now have to wait until the Coalition Government has a settled way forward on incentivising electricity in Britain. Meanwhile DETI will shortly begin work on a full economic analysis of a Renewable Heat Incentive (RHI) for Northern Ireland, with a view to introducing such a scheme providing it proves economically viable to do so.

Green New Deal (8 October)
The Minister was invited to outline the opportunities presented by the ‘Green Deal’ recently launched by the Department of Energy and Climate Change (DECC). The Minister stated that DECC offers substantial opportunities to retrofit energy efficiency in a significant number of domestic and non domestic buildings, create new jobs, whilst also reducing energy bills and carbon emissions. Financing will be provided by the private sector through the establishment of Green Deal providers. Job creation potential exists for suppliers and installers of energy efficient products and the corresponding supply chain. The DECC Green Deal, which has yet to be publically consulted on, applies to GB only; similar consultation and legislative changes would be needed here to implement such a scheme.

Minister of the Environment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/101008.htm#7
Waste Exemption Certificates (8 October)
The Minister was asked if he would address the anomly that allows sites without planning permission to receive waste exemption certificates. The Minister accepted and supported the principle that, where it is required, planning permission should be secured before waste exemption certificates are granted. In this context, DoE has developed a work programme to examine waste management licensing exemptions, and assess the need for change. As individual exemptions are reviewed and amended where necessary, the issue of planning permission is being addressed. However in instances where planning permission is required but has not been sought or granted, Planning Service already has the option of taking enforcement action to address the position.

Plastic Bags (8 October)
The Minister reported that in Northern Ireland we have achieved a reduction of 9.3% in the number of single use carrier bags issued by the major supermarkets between 2008/09 and 2009/10. This equates to 19 million less bags issued. He added however that we cannot be complacent and must continue our efforts to persuade people to “Get into the habit” of taking their own bags when shopping.

Minister of Culture, Arts and Leisure
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/101015.htm#3
Patrols Undertaken in Lough Neagh (15 October)
The Minister of Culture, Arts and Leisure provided details of the number of boat patrols undertaken on Lough Neagh, the amount of illegal netting recovered and the number of resultant prosecutions in each of the last five years:

Year	2005	2006	2007	2008	2009
Boat Patrols	61	32	38	17	57
Total nets forfeited	17,300yds	10,250yds	3,770yds	330yds	10,100yds
Persons prosecuted	0	2	3	3	7

The Fisheries Conservancy Board was responsible for the enforcement of fisheries protection legislation until 1 June 2009, but it did not record details of every individual net seized due to the large numbers involved and the significant increase in the cost of obtaining destruction orders. Therefore the figure for total nets forfeited (seized and later subject to a destruction order) is provided.

Minister of the Environment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/101015.htm#7
Dikerogammarus Villosus (15 October)
In response to what action DoE is taking to prevent the shrimp Dikerogammarus Villosus from entering our waterways, the Minister acknowledged that invasive alien species are the second biggest threat to biodiversity loss worldwide. Following on from the discovery of the ‘Killer Shrimp’ (Dikerogammarus villosus), at Grafham Water in England, DoE were notified and will continue to be kept informed of any developments by their counterparts in GB. In response to this notification NIEA issued a species alert and identification sheet around several Government Departments and other organisations. A species alert and ID sheet was also placed on the Invasive Species in Ireland website. In addition a press release was issued by my Department on 29 September 2010 warning of the threat of the ‘Killer Shrimp’. This press release outlined the need for water users to clean their boats and equipment before moving to another water body.

Minister for Regional Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/101022.htm#10
Regional Development Strategy (22 October)
The Minister revealed that the review of the Regional Development Strategy is now very well advanced. As the new RDS will be the cross cutting spatial strategy of the Executive we have been actively involved with a number of key groups to assist in the Review. These include an External Working Group; the Regional Development Committee; officials from the Strategic Investment Board and an Inter–Departmental Steering Group. The Ministerial Sub–Group overseeing the review met most recently on 23 September 2010. The Minister added that he intended to seek Executive agreement in early November for full public consultation to commence as soon as possible.

Cycling (22 October)
The Minister was asked to outline the reasons for the decrease in the cycling budget, given his commitment to the promotion of sustainable transport. In response the Minister stated that Roads Service aims to provide safer roads for vulnerable road users, including cyclists, utilising a range of measures that include road safety engineering, traffic calming and enhancement of the pedestrian and cycling network. All of which are funded from the Local Transport and Safety Measure allocation. However although there is reduced funding provision for cycle lanes and footways this year, the published Roads Service Targets do not reflect the same level of reduction. For example, in 2009/10, Roads Service’s budget was £981,000 with an associated target to provide 20 km of cycle lanes. This year with a £108,000 allocation, which is an 89% reduction, the target is to provide 12km of cycle lane, which equates to a 40% reduction. Roads Service’s Traffic Engineers conscious of the financial limitations, are implementing relatively inexpensive cycle lanes on road with ‘signs and lines’, as opposed to the construction of more expensive segregated cycle lanes. In addition Strategic Road Improvement schemes provide Active Travel facilities as part of the finished scheme. 

Minister of the Environment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/101029.htm#7
Review of Public Administration (29 October)
The Minister revealed that from their formation on 1 January 2009 to 30 September 2010 £1,579,164 has been spent on support costs for the Voluntary Transition Committees. During the period 1 July to 30 September £122,246 has been spent and is included in the overall figure. From 1 April 2009 to 30 September 2010 £384,780 has been spent on costs for Change Managers. During the period 1 July to 30 September £53,459 has been spent and is included in the overall figure. The Minister added that no decision has been taken not to proceed with the Reform of Local Government and that he intended therefore putting fresh proposals to the Executive shortly on reframing the delivery timetable for the Reform Programme. Consequently the work of Change Managers, appointed to assist the transition process for the new councils, is ongoing. Over time their role has widened and become more focused on delivering an improvement, collaboration and efficiency agenda for the local government sector. As the Minister remains keen that their valuable role continues and whilst he has suspended Transition Committee funding from 31 October 2010, he has decided that funding for Change Managers should continue until 31 March 2011.

Answers to Oral Questions

Minister of the Environment
http://www.niassembly.gov.uk/record/reports2010/101005.htm#e
Local Government: Waste Management and Recycling (5 October)
According to the latest available published data, all district councils met their Northern Ireland landfill allowance scheme (NILAS) targets in 2008–09. Recycling targets apply to Northern Ireland as a whole but do not apply at local council level. With the household recycling rate in 2008–09 standing at 34•4%, Northern Ireland is also on track to meet the waste management strategy recycling target of 35% by 2010 and that not only can we meet the 50% recycling target by 2020, we can exceed it. The Minister added that if that is the case, perhaps we can drive down the costs of the infrastructure fund that is required for energy recovery, and instead of having to spend £200 million of capital from central government and £400 million from local government, we can drive down those costs by recycling more.

Committee Business

http://www.niassembly.gov.uk/record/reports2010/101011.htm#a4
Clean Neighbourhoods And Environment Bill: Extension Of Committee Stage (11 October)
The Chair of the Committee for the Environment sought and received agreement for the  Committee Stage of the Clean Neighbourhoods And Environment Bill be extended to 28 January 2011. The Bill has 76 clauses and four schedules and covers many diverse areas, from alley–gating and abandoned vehicles to dogs and fly–posting.

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October 2010

Ministerial Statement
http://www.niassembly.gov.uk/record/reports2010/100913.htm#a5
Northern Ireland Water (13 September)
In his Ministerial Statement on the future of NIW, the Regional Development Minister outlined his plans for new governance arrangements for the delivery of water and sewerage services.  The Minister stated that when he took office, water and sewerage services were already ‘mired in controversy, principally connected to the direct rule plans to impose water charges but also because we needed to meet EU environmental standards and improve an infrastructure that had suffered from underinvestment in the past’. The Minister’s main aim thus far has been to ensure that the investment issues were addressed, which has been done by pumping £750 million into the infrastructure over the past three years, without having to introduce domestic water charges. However, due to the ‘catalogue of events and governance failures that has made improving essential services more difficult’, the Minister stated his intention to bring proposals to the Executive on new governance arrangements based on water and sewerage services being delivered by a body that is ‘clearly within the public service, subject to public service controls and standards and not set up to introduce separate water charges for households or be privatised’.

Ministerial Statement
http://www.niassembly.gov.uk/record/reports2010/100914.htm#a3
British–Irish Council: Environment Sectoral Format (14 September)
As the Minister of the Environment was unable to attend, OFMdFM junior Minister Robin provided members with a report on the tenth British–Irish Council meeting held in environment sectoral format at the Dove Marine Laboratory, Newcastle, on Thursday 15 July 2010. The main focus of the meeting was on marine issues, and Ministers were informed about the work of the Marine Management Organisation and Marine Climate Change Impacts Partnership and received update papers on Fishing for Litter and integrated coastal zone management. A commitment was made to work together toward good environment status in the seas around BIC members’ coasts in the context of the EU marine strategy framework directive and to explore further the sharing of research vessel resources and training opportunities. Waste has been agreed as the theme for the next ministerial meeting in Wales. They confirmed that the next meeting will be held in Wales in 2011 and that the theme will be waste. Ministers then discussed possible agenda items for future meetings and although there was support for the theme to be biodiversity, it was felt that some work needed to be done to determine whether that is an ‘appropriate work area’.

Answers to Written Questions

Minister for Regional Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/100910.htm#10
Budget Allocation for Cycling (10 September)
The Minister explained that the Roads Service aims to provide safer roads for the vulnerable road users, including cyclists by utilising a range of measures that include road safety engineering, traffic calming and enhancement of the pedestrian and cycling network. Details of the budget allocations for the provision of these measures in each Roads Service Division were:

Division	2008–2009	2009–2010	2010–2011
East	£575,087	£451,926	£8,000
North	£258,030	£265,442	£65,000
South	£430,775	£125,294	£0
West	£95,835	£138,532	£55,000
Total	£1,359,726	£981,193	£128,000

There reduction in the 2010/11 budget allocation for cycling measures is due to a reduction in the allocation for Local Transport and Safety Measures (LTSM’s) which is largely in line with the planned level of expenditure arising from Budget 2008.  DRD also promotes the use of sustainable modes of transport, including cycling, through its Travelwise initiative. Travelwise expenditure for the annual Bike Week campaigns, which related solely to the promotion of cycling, were £39,700 (2008/09); £42,500 (2009/10); and an estimated £69,500 (2010/11).

Minister of Culture, Arts and Leisure
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/100917.htm#3
Illegal Fishing in Lough Neagh (17 September)
The Minister provided details on the actions taken by DCAL to counter illegal fishing in Lough Neagh. Since assuming direct responsibility for the enforcement of fisheries protection legislation on 1 June 2009, the DCAL Fisheries Protection Officers (FPO’s) have been organised into teams in 4 operational areas covering Northern, South Eastern and South Western areas as well as a unit focusing on the enforcement of fisheries legislation on Lough Neagh. FPO’s carry out regular patrols on land and water on and around Lough Neagh and its tributaries. The Lough Neagh unit, augmented by other protection staff, patrol Lough Neagh using a number of craft. A total of 61 boat patrols were carried out on Lough Neagh from 1 June 2009 to 31 March 2010. Intelligence led operations are carried out to detect breaches of fisheries legislation. All illegal fishing gear/catches are seized and from 1 June 2009 to 31 March 2010 a total of 8,500m of illegal nets were seized in operations on Lough Neagh. Any persons found to be acting illegally are reported with a view to prosecution. DCAL FPO’s also carry out regular inspections at commercial dealers, fish retail outlets, hotels and restaurants to ensure that all fish being sold have been legally caught.

Minister of Enterprise, Trade and Investment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/100917.htm#6
Renewable Energy – Feed in Tariffs (17 September)
The Minister revealed that she will consider the local introduction of a small–scale Feed In Tariff (FIT) as introduced in the rest of the UK. Considerations to be taken account of include the impact of subsidies on electricity bills and the ability of any particular incentive mechanism to deliver Northern Ireland’s overall target of 40% electricity from renewable generation by 2020. The Minister also must take account of the coalition Government’s manifesto proposals to extend the Great Britain FIT to generating stations above 5MW capacity as this will have significant implications for the NIRO. While the Minister stated that she would make an announcement in due course once she had all the information, this was is not likely to be before the end of the year.

Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2010/100924.htm#2
Changes to the Less Favoured Area Compensatory Allowance (24 September)
The Minister provided background information on the LFACA and proposals for a revised scheme.  Since 2001, the LFACA Scheme has provided support to those who farm in less favoured areas (LFAs). Since then, EU agricultural support has been decoupled and this has brought significant changes to the economics of livestock production. Cattle and sheep numbers in the LFA, and particularly the SDA, have continued to fall and there is increasing evidence of the environmental impact of that in terms of under grazing, scrub encroachment and rush infestation. The current LFA support arrangements are not preventing this and a review and refocusing of the scheme is required. Furthermore, the EU policy framework places LFA support firmly within the ambit of environmental stewardship.  DARD have therefore commenced a series of meetings with stakeholder organisations to discuss detailed proposals for a revised LFACA scheme based on the delivery of environmental benefits through active land management. This builds on the substantial public consultation undertaken last year and the extensive body of evidence compiled by the Department. Discussions on the review are on–going and the Minister is keen to receive stakeholder views to inform the way forward.

Answers to Oral Questions

OFMDFM
http://www.niassembly.gov.uk/record/reports2010/100913.htm#a9
Sustainable Development Commission (13 September)
In the light of DEFRA’s decision to withdraw funding from the SDC, the deputy First Minister stated that OFMDFM are considering a number of options for the delivery of the functions that have to date been supported and carried out by the SDC.  The Minister stated that every effort will be made to identify the most effective means of delivering sustainable development priorities and objectives and that the Executive are committed to the principles of sustainable development and to progressing the priorities and strategic objectives set out in our new sustainable development strategy. The Executive will therefore give careful consideration to how it can continue to deliver the functions previously carried out by the commission that have ‘shown themselves to be critical with respect to affecting our ability to meet our objectives’ while maintaining value for money for the Executive. An added factor is that this matter is being considered against the background of the current spending pressures faced by all Departments.

Minister of Enterprise. Trade and Investment
http://www.niassembly.gov.uk/record/reports2010/100914.htm#a7
Interreg IV – BioMara Project (14 September)
The Minister provided an update BioMara R&D project. The project is in its second year and is making good progress across the four areas in which it is engaged namely the economic, social and technical impacts of marine biofuels for local industrial and regional energy supply. It is also looking at the local strains of microalgae for their oil potential, and getting oil from algae. The third area covers the use of macroalgae or seaweeds for anaerobic digestion and bioethanol, and the fourth area will be the development of downstream processing, which will not start until 2011. The Minister added that sustainability will be a very important element in the case for marine biofuels, as will environmental impact. The Minister therefore gave her assurances that DETI will be preparing an environmental impact statement to make sure that there is no undue adverse effect on the marine ecosystem as a result of this work.

Minister of the Environment
http://www.niassembly.gov.uk/record/reports2010/100920.htm#9
Planning Policy Statement 7: Addendum (20 September)
The Minister outlined the intended impact of the PPS 7 addendum. Published on 10 August, the addendum to PPS 7, titled ‘Safeguarding the Character of Established Residential Areas’ is designed to better manage the practice of demolishing existing family homes to build apartments. The addendum offers a significant change to the previous planning policy, moves away from the densification policy in the previous regional development strategy and deals effectively with garden grabbing. PPS 7 also encourages people to install sustainable drainage systems, which, by absorbing much more rainfall and releasing it slowly, as opposed to tarmac and hard surfaces that release rainfall very quickly, are particularly important in cities and built–up areas and will ensure a reduction of the flash flooding problem.

Seal Deaths (20 September)
http://www.niassembly.gov.uk/record/reports2010/100920.htm#9
The Minister gave an update on the investigation into the unnatural seal deaths that have occurred off the County Down coast stating that the NIEA has issued a press release to highlight the issue and to encourage the public to report any suspicious activity involving seals to their local PSNI. NIEA is also continuing to assume responsibility for the collection of seal carcasses as part of the arrangement originally linked to monitoring associated with the marine current turbine in the Strangford Narrows. It is as a result of the marine turbine that seal populations have been monitored and the problem has been identified and the inspection of injuries to carcasses that have been collected to date are not consistent with blows from what are relatively blunt blades on the turbines. The Minister did however believe that the problem is related to illegal netting and therefore NIEA are seeking to monitor such activities and, as far as is possible, eliminate them. 

Minister for Regional Development
http://www.niassembly.gov.uk/record/reports2010/100927.htm#h
Public Transport: Carbon Emissions (27 September)
The Minister revealed that from 2000 to 2008, CO2 emissions from public transport increased by 24%. However, it should be noted that CO2 emissions for public transport continue to constitute less than 2% of the total CO2 emissions from transport. The total greenhouse gas emissions from public transport remains less than 0•5% of the total greenhouse gas emissions across all sectors. The Minister added that part of the solution is about providing real alternatives, and that is why he is committed to delivering a significant programme of investment to ensure that we have a quality public transport network and supporting infrastructure in place that will encourage motorists to abandon their cars and take the bus or train in significant enough numbers to reduce commuting times. There was also recognition however, that if we are to encourage cleaner vehicles in a modal shift to public transport, we will need to reconsider how we prioritise not only public funding but space on our roads and there will be no easy choices as any lasting solution is likely to have implications for those who choose the car when real and more sustainable alternatives exist.

Belfast Rapid Transit System (BRTS) – Comber Greenway (27 September)
http://www.niassembly.gov.uk/record/reports2010/100927.htm#h
The Minister provided an update on the BRTS stating that DRD are in the process of completing the outline business case, which will identify the preferred options for the network routes, procurement strategy, commercial business model and fare system for the BRTS. The surveyed data collection work is now complete, and preliminary designs for all route alignment options are being prepared. Identifying the preferred options will allow the DRD to undertake the necessary public consultation, impact assessments and appraisals on the scheme. The public awareness exercise, will give everyone an opportunity to comment on all the options. The necessary legislative powers to allow DRD to implement the Belfast rapid transit system are included in the new Transport Bill, which was introduced in the Assembly on 21 June and is now in Committee. DRD are also liaising with other relevant bodies to develop traffic management proposals through the Belfast city centre traffic management project. The proposals are in accordance with the strategy set out in the Belfast metropolitan transport plan, and the Minister will be making an announcement on the proposals on Thursday 30 September at Belfast City Hall. Meanwhile both the Comber Greenway and the Upper Newtownards Road were examined as possible routes, and the assessment of both continues. The Minister added that he had been made aware of the objections to using the Comber Greenway route and has had the opportunity to visit and walk the route. The use of the Upper Newtownards Road will have a considerable impact on the volume of traffic that can use that road for parking and for accessing shops. The Minister hopes to make an announcement on the chosen route when we get to the consultation phase.

Committee Business

http://www.niassembly.gov.uk/record/reports2010/100920.htm#3
Extension of Committee Stages (20 & 27 September)
The Chairpersons of the Committee for Agriculture and Rural Development, and the Committee for Enterprise, Trade and Investment both sought and received agreement for the extension of the Committee Stages of forthcoming Bills.  The Committee Stage of the Welfare of Animals Bill has been extended to 13 December 2010, while the Committee Stage of the Energy Bill has been extended to the 29 November 2010. During Committee Business on the 27th September it was further agreed that Committee Stage of the Tourism (Amendment) Bill be extended to 29 November and the Committee Stage of the Transport Bill be extended to 17 December 2010.

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September 2010

Answers to Written Questions

Department of Agriculture and Rural Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100723.htm#2
Badger Cull to Prevent the Spread of Bovine TB (23 July)
In response to a question on the possibility of a badger cull in Northern Ireland, the Minister responded that research involving badger culling elsewhere presents a mixed picture of its cost benefit and effectiveness in reducing disease levels in cattle. The Minister revealed that ‘it would appear that the cost exceeds the benefit by 2–3 times’ adding that therefore ‘there are no plans for any cull of badgers here’.

European Common Fisheries Policy (23 July)
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100723.htm#2
Regarding the approximate market value of cod, haddock and whiting landed that had to be thrown overboard as it was below or above minimum landing, the Minister stated that fish that are caught and discarded subsequently because they are below the minimum landing have no market value because they cannot be legally landed or sold. However the market value of the 2008/9 discard estimates for fish above minimum landing is as follows:

	Tonnes	Avg. price kg	Value
Cod	0.6	£2.00	£1,200
Haddock	2.0	£1.50	£3,000
Whiting	17.8	£1.25	£22,500

Department of Enterprise, Trade and Investment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100723.htm#6
Electricity from Renewable Sources (23 July)
Minister Foster detailed the percentage and quantity of electricity generated from wind in each of the last three years as follows:

For the 12 months ending	% Onshore wind	MW hours ( to nearest thousand)
March 2008	4.91	430,000
March 2009	7.10	584,000
March 2010	8.69	710,000

For the 12 months to March 2010, the total renewable electricity figure stood at 9.25%, of which the onshore wind element was 8.69%. The Minister added that she expects the current renewable electricity target of 12% by 2012 will be met.

Department of the Environment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100723.htm#7
Climate Change Act 2008 (23 July)
Minister Poots provided an update on the progress made by Departments, and their agencies, in fulfilling their obligations under the Climate Change Act 2008. On the obligation to provide a Northern Ireland Adaptation Programme, preparation of a UK wide sector–based risk assessment is progressing. This assessment will be the basis for the Northern Ireland Adaptation Programme. Sector stakeholders have already been contributing to the UK risk assessment process and a further workshop for Departments, their agencies and other organisations is planned to take place in September to consider the specific climate change impacts of most relevance to Northern Ireland. On our obligations to give views in relation to the UK response to the advice and annual reports of the Committee on Climate Change, gaining Executive agreement on these matters has enabled the Minister to provide on an annual basis the UK government with the agreed Northern Ireland position.

Likewise on obligations to provide views on the level of ambition in relation to UK carbon budgets and targets, the Minister has obtained Executive agreement to the UK carbon target for a reduction in greenhouse gas emissions by 80% in 2050 based on 1990 levels and the level of carbon budgets for carbon budget periods 2008–2012, 2013–2017 and 2018–2022.

In order to deliver against this agenda, the Minister recently reached agreement with the Executive to establish a Cross Departmental Working Group (CDWG) on greenhouse gas emissions. This development will ensure that those key departments which can deliver against the highest priority actions are fully signed up to the actions necessary to implement the climate change agenda and it will promote openness and transparency in the monitoring of these actions. The Minister added that the first task of the CDWG will be to prepare a cross–departmental action plan and make recommendations on the prioritisation of actions; a prioritisation which will reflect the contributions of different sectors to the production of greenhouse gas emissions and the potential to influence different types of emissions (i.e. the available policy ‘levers’). In response to subsequent question on climate change, the Minister revealed that to date his department has spent £225,340 in fulfilling its obligations, under the Climate Change Act 2008. The Minister also stated that he had no plans to introduce statutory carbon budgets for councils in the current Assembly.

Department of the Environment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100723.htm#7
Recycle Glass Products (23 July)
In terms of how many of the 26 local councils allow households to recycle glass products in their recycling bins, the Minister revealed that presently nine local councils provide a kerbside glass recycling collection scheme.  In some of these councils the service is available to all households whilst in others there is partial coverage.  Overall, currently 28% of all households in Northern Ireland have a kerbside glass collection service. The Minister outlined a range of initiatives his Department is taking forward to help councils in their efforts to boost recycling of key waste streams including glass. These initiatives include: the Rethink Waste Fund which will provide an initial £3.13m capital funding to councils to bring forward initiatives to boost recycling of a range of waste streams including glass; and the £1m funding provided by DoE each year to the Waste and Resources Action Programme (WRAP) to provide advice and support to local councils on a range of recycling issues including advice on establishing glass recycling collection systems. The Minister added that he has also asked his officials to commence work on a draft recycling policy which will consider the potential to recycle more of key waste streams, the potential to produce higher quality recyclates and the interventions necessary to bring this about. It is anticipated that the draft policy will be issued for consultation in the autumn.

Department For Social Development

http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100723.htm#11
Boiler Scrappage Scheme (23 July)
In response to a question on whether he planned to introduce a boiler scrappage scheme, in line with the rest of the UK, the Minister stated that the DSD consultation on proposals for a new Fuel Poverty Strategy for Northern Ireland contains proposals on the feasibility of introducing a Boiler Replacement Scheme. The Minister added that the Scheme he would like to introduce would be a fuel poverty scheme and not be administered on a ‘first come, first served’ basis as had been the case in England and Scotland but like to hear the public’s view on the proposals. The consultation closes on 24 September. 

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July 2010

Executive Committee Business

http://www.niassembly.gov.uk/record/reports2009/100622.htm#g
Wildlife and Natural Environment Bill: Consideration Stage (22 June)
During the Consideration stage of the Bill, the Assembly agreed a number of amendments, including: a strengthening of the new biodiversity duty, enhanced reporting requirements and imposition of related duties on all public bodies; new protection for the nests of Osprey, White Tailed Sea Eagle, Red Kite, Barn Owl and Peregrine; added protection for Curlew, Lapwing, Redshank and Whinchat; new protection for Basking Sharks as well as Common and Grey Seals; Chinese Water Deer, Roe Deer have been added to the list of invasive species for which it is an offence to release or allow them to escape into the wild. Although the Assembly decided to regulate rather than ban the use of snares (meaning that the UK and Ireland would remain two of the only five countries in the EU to allow the use of snares), they did however vote for a ban on hare coursing in Northern Ireland. The Bill will also introduce: larger fines and custodial sentences for persistent offenders of wildlife crime; additional investigation and enforcement powers for police to tackle wildlife crime and; new offences for reckless damage or disturbance to protected birds, animals and their habitats, including those in Areas of Special Scientific Interest. The Bill will now proceed to its Further Consideration Stage which is likely to take place in Autumn 2010.

Executive Committee Business
http://www.niassembly.gov.uk/record/reports2009/100628.htm#k
Programme For Government (PfG) Delivery Reports (28 June)
First Minister Peter Robinson listed the main findings from the first PfG Delivery Reports. In relation to Priority 3 which is to protect and enhance our environment, five of the 11 key goals and commitments, or 45%, assessed either as being completed or on track for completion. Areas of progress include ensuring that 12% of our electricity is generated from indigenous renewable sources by 2010, enabling up to 4,700 farmers to comply with the Nitrates Directive by 2009, and delivering a new sewerage project for central Belfast by 2010. Overall a colour–coded rating system was used to reflect progress: red in cases where there is a risk to delivery; amber where there is a lack of robust information or where progress has been slow; targets that have been achieved or are broadly on course to be achieved within the planned time frame are coloured green or amber–green. In response the Chair of the Environment Committee stated the position for the areas for which DoE has lead responsibility/ involvement: in terms of PSA 22 (which deals with protecting our environment and reducing our carbon footprint), in June 2009, of the 15 indicators, only seven were categorised as green; three were described as green/amber, four indicators were deemed amber (greenhouse gas emissions, sustainable development action plan, key air pollutants, reform of planning) and one was red (due to delays regarding the northern area plan preventing production of a suite of development plans). In June 2009, DoE also advised the Committee that overarching commitment to reduce landfill significantly by creating new waste treatment facilities at council level was also considered to be in the red category. The Chair stated that since June 2009 the situation appears to have deteriorated. Now, instead of seven indicators identified as green, there are only six. Where there was one red indicator, there are now two. The Chair also added that the failure to reduce greenhouse gas emissions to the set targets was due to the many variables and contributory policies which make it difficult to identify a line of accountability for the overall target. The Committee accepted that there is a limit to what the DoE can do in an isolated position on issues such as reducing greenhouse gas emissions and reiterated the need for collective responsibility to be taken on cross–cutting issues. Finally, the Committee stated its concern in relation to the monitoring of PSAs in that it that is largely a self–monitoring system with no independent assessment of actual delivery of outcome.

Executive Committee Business
http://www.niassembly.gov.uk/record/reports2009/100629.htm#a
Forestry Bill: Royal Assent
The Speaker announced that the Forestry Bill has received Royal Assent. The Forestry Act (Northern Ireland) 2010 became law on 28 June 2010.

Executive Committee Business
http://www.niassembly.gov.uk/record/reports2009/100629.htm#f
Transport Bill: Second Stage (29 June)
Members discussed and agreed the Second Stage of the Transport Bill. The aim of the public transport reform programme is to create efficient, effective and sustainable public transport services that contribute to the Executive’s transportation, environmental, social inclusion and equality objectives, while supporting the development of the wider economy. The Bill is designed to ensure the provision of a high–quality, integrated public transport system that will put greater focus on delivering efficient, affordable services that are responsive to local customer needs.

Executive Committee Business
http://www.niassembly.gov.uk/record/reports2009/100630.htm#c
Clean Neighbourhoods and Environment Bill: Second Stage (30 June)
The Minister sought and gained agreement for the passing of the Second Stage of the Clean Neighbourhoods and Environment Bill.  This comprehensive Bill comprised of 76 clauses and four schedules, contains provisions designed to improve the quality of the local environment by giving district councils additional powers, similar to their counterparts in England and Wales. These powers will enable Councils to deal more effectively with litter, nuisance alleys, fly–posting and graffiti, abandoned and nuisance vehicles, dogs, noise and other nuisance problems. DoE considers the Bill to be cost–neutral and that the revenue from fixed penalty notices will return to local councils. The Bill also proposes increasing the maximum penalty for certain pollution offences.

Executive Committee Business
http://www.niassembly.gov.uk/record/reports2009/100630.htm#d
Housing (Amendment) (No. 2) Bill: Second Stage (30 June)
Members debated and agreed the Second Stage of the Housing Bill. Contained within the Bill are measures dealing with fuel poverty.  The Bill will allow the Housing Executive to broker energy at a discounted price for social housing tenants which could also benefit other energy consumers by encouraging new entrants to the domestic energy market. In addition, the Bill will provide district councils with powers to promote energy efficiency in residential accommodation in their district.

Answers to Written Questions

Department of Enterprise, Trade & Investment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100604.htm#6
Renewable Energy Projects (4 June)
The Minister revealed that DETI has 9.5 full time equivalent staff working on sustainable energy policy covering renewable electricity, renewable heat, energy efficiency and grid development. DETI’s Sustainable Energy branch has a budget of £2.07million for the year 2010/11 (98% of which will be from EU sources. This funding is primarily used to assist policy development in relation to sustainable energy. Invest NI has no specific ring–fenced budget or staff for renewable energy projects as its support to this area cuts across a range of the agency’s operational activities. As such, the agency’s total budget for renewable energy projects during 2009/10 was £6.58 million and for 2010/11, a further £6.56 million has been allocated. In response to a subsequent question the Minister stated that DETI is currently working with the Irish and Scottish Governments on a feasibility study for an undersea grid to transmit marine renewable energy, as well as research into production of 3rd generation bio–fuels from marine seaweeds and algae.

Department of the Environment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100611.htm#7
Water Quality Sampling (11 June)
The Minister stated that NIEA carries out water quality sampling at approximately 500 river sites for chemical analysis and 530 river sites for biological analysis across NI. Chemical monitoring is carried out on a monthly basis for a variety of general chemical quality elements including pH, Ammonia and Dissolved Oxygen. In addition, since 2008, under the EU Water Framework Directive (WFD), a rolling programme, involving monthly samples being taken for one year in every six, has been in place for the monitoring of specific polluting substances. Biological water quality sampling is carried out, usually in spring and autumn, and includes monitoring of aquatic insects and plants. Determinands such as fish and river structure are also monitored as part of the rolling programme. Analysis for the four years from 2004–2007 has shown that the overall trend is an improvement in river water quality both in terms of chemical and biological classification. From 2008 WFD data will be used as a baseline for subsequent years to measure whether or not water quality continues to improve. WFD Classification data for 2009 is not yet available. WFD data is not comparable with the results for 2004 – 2007, as these were produced under a significantly different classification system. In response to a subsequent question the Minister stated NIEA currently prosecutes an average of 60 suspected polluters each year, resulting in successful convictions in over 90% of cases taken before the Courts with fines now averaging £2,050. The Minister added that there has been a significant decline in water pollution incidents in NI, the numbers of which have fallen by approximately 40% since the mid–1990s.

EU Legislation on Invasive Non–native Species (18 June)
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100618.htm#7
Minister Poots revealed that the European Commission plans to develop an EU strategy on Invasive Alien Species (IAS), under the framework of a broader EU Biodiversity Strategy, by mid 2011. This strategy will aim to protect biodiversity recognising, amongst other things, the economic threat posed by IAS. The Commission has not indicated any timeframe for legislation. In response to a subsequent question (25 June) the Minister stated that although the full cost of dealing with IAS in NI is unknown, the total estimated cost to date of direct control of invasive species carried out by NIEA, on the properties it owns and manages, plus research carried out on invasive species by NIEA, has been £740,000. The Invasive Species Ireland Project meanwhile has a target to assess the socio–economic costs and biodiversity damage caused by invasive species across a wide range of agricultural and natural processes, including aquaculture, water bodies and forestry, and will suggest programmes of action to ameliorate the threats from established and potential future invasive species.

Water Pollution (18 June)
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100618.htm#7
In relation to what plans and resources there are to ensure that local stakeholders are trained to a standard useful to the Department in a pollution incident, the Minister stated that NIEA has developed a partnership agreement with the Association of Rivers Trusts, the aim of which is to improve water quality through the promotion of water quality projects and existing initiatives such as the pollution hotline. Plans are also underway for NIEA to provide support to the establishment to an Anglers Monitoring Initiative pilot project this year. This partnership initiative, aims within available resources, to work with volunteers on how to monitor the health of their local river by keeping an eye on the populations of riverflies such as the mayfly and stonefly. In the longer term NIEA is considering the issues surrounding the specific training of local stakeholders to enable them to assist NIEA during a pollution incident. Consideration is currently being given to the health and safety and legal issues involved, with the aim being to run a trial in due course, possibly in the Six Mile Water catchment.

Demolition of Listed Buildings (25 June)
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100625.htm#7
The Minister stated revealed that, in the last 5 years, DoE has investigated 146 cases involving alleged unauthorised works to listed buildings. Thirteen 13 cases alleged the unauthorised demolition of listed buildings. Of these, 2 cases are ongoing. Eleven have been concluded, 5 of which proceeded to formal summons and subsequent court action. The Minister added that the imposition of fines is a matter for the courts and not DoE. The location, grade of listing and fine imposed are set out in the table below.

Location	Grade of Listing	Fine Imposed
Demolition of a listed building at 31 The Square, Moy	B1	£16,000
Unauthorised demolition of a Listed Building at 166 Malone Road, Belfast	B1	Owner £150 and contractor £200
Demolition of listed building – Corick House, 20, Corick Road, Clougher	B2	£11,000
Unauthorised works to listed building at 69 – 75 Main Street Fivemiletown	Building Preservation Notice	£18,500
Unauthorised demolition of listed building at 91 Dromore Road, Waringstown.	B1	Initially £50,000 (2 owners, £15,000 each and contractor £20,000). The fine imposed was later reduced on appeal to £1,100 (2 owners, £500 each and contractor £100)

Agencies and Bodies Funded by DoE (2 July)
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100702.htm#7

The Minister provided details of the level of funding provided to NGOs in each of the last two years as well the funding planned for 2010–11. The Minister revealed that the totals allocated as: £5,521,701 (2008–09); £4,149,420 (2009–10); and the planned funding for 2010–11 as £2,912,000.

Answers to Oral Questions

Minister of the Environment
http://www.niassembly.gov.uk/record/reports2009/100614.htm#a4
Budget (14 June)
The Minister revealed that following the 2010–11 revised spending plans DoE’s current and capital budgets for 2010–11 are £129·6 million and £182·4 million, respectively. Practically all the capital budget relates to the strategic waste infrastructure fund. As part of the June monitoring round, officials have requested that £173·6 million be re–profiled into future years. Furthermore, a bid was included in the June monitoring submission to DFP for £5 million capital funding in 2010 to support local government with the cost of the new recycling and composting infrastructure. The Minister added that the DoE faces a number of significant pressures in its current budget that total in excess of £16 million, which is more than 12·5% of the opening current budget. DoE’s June monitoring submission to DFP, therefore, also includes a number of bids to cover those and other current budgetary pressures. In parallel, officials are progressing internal reviews of the Planning Service and of the delivery of corporate services functions in an attempt to realise savings in the financial year. DoE meanwhile will continue to look at other sources of income for the Planning Service as a means of closing the financial gap.  

NI Assembly Summer Recess
The Northern Ireland Assembly will take its Summer Recess and will be closed from 3 July 2010 to 5 September 2010.

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May 2010

Executive Committee Business
http://www.niassembly.gov.uk/record/reports2009/100525.htm#5
Forestry Bill: Final Stage (25 May)
Following discussion, the Forestry Bill (details of which were outlined in the May edition of re:Source) passed its final stage and now awaits Royal Assent in July. Elements of the new legislation will bring NI into line with the rest of the UK and recognises the wider benefits of forestry, such as its potential contribution towards climate change mitigation, improving public health and protecting wildlife. Among other measures to be introduced are felling licenses to control felling of woodland, the requirement for DARD to provide and maintain a register of woodlands and recognition of the importance of protecting ancient woodland.

Ministerial Statement
http://www.niassembly.gov.uk/record/reports2009/100601.htm#d
PPS 21: Sustainable Development in the Countryside (1 June)
Minister Poots announced the publication of PPS 21 (replacing Draft PPS 21) which provides the planning policy context for deciding planning applications in rural areas. The Minister revealed a number of changes from Draft PPS 21, including:  defining a ribbon as a minimum of three rather than six buildings; provision for the rounding–off or consolidation of development clusters, namely, existing clusters of at least four buildings that have developed around focal points; with respect to dwellings on farms, as it may not always be possible or practicable to build a new dwelling in close proximity to existing farm buildings, the revised policy will allow for an alternative site where it can be demonstrated that there are health and safety issues or that the applicant has genuine plans for business expansion; the revised policy also provides definitions and clarifications of previously unclear terms such as “curtilage”, “active farm” and “a substantial and built–up frontage” and makes it clear that non–listed vernacular buildings should be retained if they make a “contribution to the heritage, appearance or character of the locality”; in addition, PPS 21 makes it explicit that a building that is retained as part of a replacement development will not be eligible for replacement again. However, the Minister has invited the Executive subcommittee to continue to work with him on the issue of non–farming rural dwellers and the Executive will bring forward an addendum to PPS 21 to further address the issue with their policy proposals being subject to additional public consultation.

Private Members Business (4 May)
http://www.niassembly.gov.uk/record/reports2009/100504.htm#
Tidy Northern Ireland Day
Members debated and approved a motion tabled by Danny Kinahan that:
This Assembly calls on the Minister of the Environment to sponsor a Tidy Northern Ireland Day, and to work with councils to encourage local communities across Northern Ireland to get actively involved in tackling litter and improving their local areas. The motion urged the Minister to take a lead in enabling greater community involvement in addressing the problem of litter. Members felt that such a day would complement the introduction of the draft Clean Neighbourhoods and Environment Bill. During the debate members raised the issue of the introduction of a plastic bag ban for this region as well as looking at aspects of legislation on packaging, particularly in respect of plastics, over which the Assembly has devolved responsibility. In response, while the Minister reiterated his full support for any initiative that would help to clean up Northern Ireland, the economic position is such that he did not have the funds available to sponsor the initiative outlined in the motion. The Minister did however intend to apply his resources to the development of the draft Clean Neighbourhoods and Environment Bill which will strengthen the law available to district councils to deal not only with litter, but with a wide range of other environmental problems. 

Answers to Oral Questions

Minister of the Environment
http://www.niassembly.gov.uk/record/reports2009/100511.htm#5
DOE: Legislative Programme (11 May)
Minister Poots stated that his Department has four Bills going through the Assembly: the Wildlife and Natural Environment Bill; the Waste and Contaminated Land (Amendment) Bill; the Local Government (Finance) Bill; and the High Hedges Bill. He also plans to bring three further Bills to the Assembly before the end of the current mandate: a planning reform Bill, a local government reorganisation Bill and the draft Clean Neighbourhoods and Environment Bill.  DoE also has an extensive programme of subordinate legislation that will be made during this mandate.

Answers to Written Questions

Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100507.htm#2
Incidences of Bovine Tuberculosis (7 May)
In response to whether DARD was on track to meet its PfG target to reduce the incidence of tuberculosis, the Minister stated that a 27% reduction in TB incidence, would require the incidence of TB in herds to be reduced to 3.90% by 31 March 2011. The current incidence is 5.54% (to the end of February 2010) and although bovine TB is a disease subject to fluctuations in incidence, it is unlikely this aspect of target will now be met. The Minister added that this is particularly the case as changes in the programme necessary to achieve EU agreement to an EU NI TB Eradication Plan 2010 will result in the re–classification of animals as reactors that give an inconclusive result to a second consecutive TB test. The initial effect of this is expected to be an increase in the incidence of TB.

Minister for Regional Development

http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100507.htm#10
NI Water Investment to meet European Standards (7 May)

The Minister revealed that NIW estimates capital investment in the region of £750 million will be required over the next 10 years, and £900 million over the subsequent 10 years, to meet European Union standards for water and wastewater treatment. This includes investment to maintain and, where necessary, achieve current EU standards and to comply with future EU standards which are known about, but excludes the capital cost of maintaining the existing assets, providing enhanced service levels for customers or extending the water and sewerage systems to cater for increases in demand resulting from development growth. In addition, it is not yet known what impact some of the more recently introduced EU standards, such as the Water Framework Directive and the Floods Directive, will have on the cost of providing water and wastewater services.

Minister of the Environment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100521.htm#7
Planning Service (21 May)
The Minister explained that as Planning Service (PS) is currently experiencing a budgetary shortfall of just over £8m, mainly due to a significant reduction in planning fee income, it is seeking to identify cost reduction measures which will help it to align staffing levels and costs more closely with work demands and revenue. The Minister anticipates that the redeployment of 271 staff from the PS will be necessary to deliver the required scale of cost reductions. Current plans are that the Civil Service will be able to manage the workforce reductions in the PS through the redeployment of surplus staff either to other suitable posts in the DOE or in another NICS Department. PS will reorganise to live within its budget and reprioritise resources to ensure the impact from the reduction in staff is minimised and key services to customers can be maintained. The Minister added he would ensure that the DoE makes the appropriate representations to DFP for additional in year funding at the June Monitoring round. Also DoE has initiated a fundamental review of the structure of the fees charged for planning services with the aim of ensuring that the fees charges for specific chargeable services are broadly consistent with the costs of providing those services.

Minister of the Environment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100528.htm#7
Illegal Dumping (28 May)
The Minister revealed NIEA’s Environmental Crime Unit had overseen 356 successful prosecutions for illegal dumping between 2005 and 2009 with associated fines of £1.02M.  The majority of convictions are made up of a number of elements of unlicensed activity, namely transporting, treating or storing, and depositing the waste, and causing harm to human health or the environment. The Table below outlines the number of prosecutions and associated fines for each of the years.

Year    No. of illegal waste prosecutions    Value of fines (£)

2009    39     149,500

2008    73     177,350
2007    68     276,050
2006   116   305,650
2005    60     111,670

Committee Business (10 May)
http://www.niassembly.gov.uk/record/reports2009/100510.htm#3
Waste and Contaminated Land (Amendment) Bill: Extension of Committee Stage
The Chair of the Committee for the Environment sought and gained approval for the extension of the Committee Stage of the Waste and Contaminated Land Bill to 5 November 2010.

Speakers Business
http://www.niassembly.gov.uk/record/reports2009/100524.htm#1
Ministerial Appointment (24 May)
Alex Attwood has replaced Margaret Ritchie as Minister for Social Development.

Assembly Business
http://www.niassembly.gov.uk/record/reports2009/100524.htm#2
Committee for the Environment (24 May)
Mr Patsy McGlone has replaced Dominic Bradley as Deputy Chairperson of Environment Committee.

Committee Business
http://www.niassembly.gov.uk/record/reports2009/100524.htm#7
Statutory Committee Membership (24 May)
The SDLP announced a number of changes to their Statutory Committee Membership. These included: Thomas Burns replaces P J Bradley on the CAL Committee; Dolores Kelly replaces Alex Attwood on the OFMDFM Committee; Conall McDevitt replaces Tommy Gallagher on the RD Committee; and Tommy Gallagher replace Mr Thomas Burns as a member of the Committee for Social Development.

 

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April 2010

Executive Committee Business
http://www.niassembly.gov.uk/record/reports2009/100413.htm#4
Waste and Contaminated Land (Amendment) Bill: Second Stage (13 April)
The Minister sought and attained agreement for passage of the Second Stage of the Waste and Contaminated Land (Amendment) Bill. The three key features of the Bill, are: new powers for councils to deal with illegal waste activity; development of a fly–tipping protocol which should clearly establish the respective roles and responsibilities of the Department and councils; amendment of the legislative framework in Part III of the Waste and Contaminated Land (NI) Order 1997, which establishes procedures to identify and restore contaminated land and to ensure that those who cause contamination pay for its treatment. Members welcomed the Bill believing it would help meet our EU landfill diversion targets, enable councils to contribute to the delivery of the Department’s waste management strategy commitments, and enhance the Department’s and councils’ waste management controls. However despite its inclusion in the consultation proposals, the Department have decided not to pursue enabling legislation for a single waste authority at this time.  The Chair of the Environment Committee however revealed that as soon as the House passes the Bill’s Second Stage, the Committee will call for written submissions from interested organisations and individuals and its members will be extremely interested in hearing all views.

Executive Committee Business – Budget
http://www.niassembly.gov.uk/record/reports2009/100420.htm#4
Revised Programme of Expenditure 2010–11 (20 April)
The Minister of Finance and Personnel sought and gained Assembly approval of the revised programme of expenditure proposals for 2010–11 as set out in the Budget laid before the Assembly on 13 April 2010. The Chair of the Environment Committee outlined the Committee’s views on the DOE’s revised expenditure plans for 2010–11.The £4 million savings required by the Executive, combined with a significant shortfall in planning fees, the cost of planning reform and the review of public administration, result in the Department being called on to make savings of 11.3% in its baseline budget. The Committee generally welcomed the proposals for achieving those savings, which include reducing the amount that it spends on consultants, lowering its running costs and reviewing its corporate service functions. Members were pleased that the DoE intends to focus its staff cost savings on not filling and that they will bring the Planning Service’s operating costs into line with the reduced fees that are now being received.  However, Members remained concerned about the impact on NGO’s, who unlike the DoE do not have the opportunity to relocate staff, and will have to make people redundant leading to a loss of expertise, and the deterioration of the environment. The Chair acknowledged that some organisations affected by the decision deliver or contribute to statutory environmental protection obligations, and cutting their funding may not be the most cost effective approach in the longer term if it leads to further deterioration of protected sites and/or EU infraction proceedings. However he stated that DoE had allayed some of the Committee members’ concerns by indicating that it is looking at phasing out grants over a longer period and targeting organisations that have a variety of funding streams available to them and are, therefore, not solely dependent on the Department’s funding. The Committee also urged the DoE to base any decision to cut funding on recent and impartial information about the service or function provided. That must include assessment of the need for a service or function, as well as the value for money that the organisation is providing.

Executive Committee Business
http://www.niassembly.gov.uk/record/reports2009/100427.htm#2
Forestry Bill – Consideration Stage (27 April)
Following discussion, members agreed a number of amendments to the Forestry Bill including: Amendment 1 which makes the key strategic aims of afforestation and sustainable forestry more prominent; Amendment 7 which provides a more explicit reference to biodiversity and the mitigation of, or adaptation to, climate change; Amendment 10 which limits compulsory acquisition of land for the purposes of providing or improving access to support functions; Amendment 11 places a duty on DARD to provide and maintain a register of woodlands at least every 10 years; Amendment 15 limits the definition of the control of ‘wild animals’ to deer or hares (other than Irish hares); Amendment 16 extends the definition of the trees to be protected; Amendment 17 removes the loophole allowing the killing of animals at night; while Amendment 29 which deals with the importance of protecting ancient woodland and introduces a felling licensing system was agreed, Amendment 28 which called for all government departments with the exception of DARD to be required to apply for felling licences and Amendment 30 which sought to establish a presumption against felling in ancient woodlands were both rejected. Further Consideration Stage is scheduled for 17 May and Final Stage for 25 May. The Bill is expected to become law, following Royal Assent, in July.

Ministerial Statement – Minister of the Environment
http://www.niassembly.gov.uk/record/reports2009/100413.htm#3
Marine Bill: Public Consultation on Policy Proposals (13 April)
The Environment Minister provided details on public consultation on policy proposals relating to Northern Ireland’s marine environment. The consultation process is seen as an important step towards the introduction of a Northern Ireland Marine Bill to the Assembly in 2011. That Bill will ‘provide the legislative framework for a new marine planning system for Northern Ireland’s seas and will create greater provision for marine nature conservation. Moreover, it will bring us a step closer to finalising and putting in place a robust marine framework that will ensure sustainable use of our seas for generations to come’. The Minister outlined how Northern Ireland’s Marine Programme aims to deliver sustainable management and development of the seas through three interlocking pieces of legislation: the UK Marine and Coastal Access Act 2009; the transposition of the Marine Strategy Framework Directive; and the proposed Northern Ireland Marine Bill. The first step towards a Marine Bill is consultation on the three strands outlined in the consultation paper, namely: 1) A new framework for marine planning which will: provide greater certainty for marine developers and users; maximise the social, economic and environmental value of the marine resource; and ensure sustainability.2) Proposals to reduce the regulatory burden on developers. 3) Proposals for a new national designation. The consultation closes on 9 July and can be found on the DOE website.

Ministerial Statement – Minister of Agriculture & Rural Development
http://www.niassembly.gov.uk/record/reports2009/100419.htm#4
North/South Ministerial Council: Aqua¬culture and Marine Sectoral Format (19 April)
The Council received a progress report on the work of the Loughs Agency and noted the importance and effectiveness of the Loughs Agency’s conservation and protection work on the fisheries of the Foyle and Carlingford areas; progress with the implementation of the agency’s marine tourism development strategy; the successful engagement with the Tourist Board and the initiation of the Riverwatch Phase 3 project; the Riverwatch outreach environmental science programme with local schools. Monitoring of fish species diversity in Lough Foyle revealed that around 60 species had been identified, some of a high conservation value. The Council approved regulations that prohibit the retention of salmon, sea trout and brown trout from certain stretches of the River Finn and River Foyle, and also approved, to July 2011, a procedure to support the Loughs Agency in dealing, through regulations, with emergencies such as pollution incidents.

Oral Answers to Questions

Minister for Regional Development
http://www.niassembly.gov.uk/record/reports2009/100419.htm#11
A5: Protected Sites (19 April)
The Minister outlined some of the sites of scientific interest and heritage interest that may be affected by the proposed A5 route. These include: Castletown House, which is in a part of the Sperrin area of outstanding natural beauty; the River Foyle and Tributaries special area of conservation; Harry Avery’s Castle, which is a scheduled monument; Tully Bog special area of conservation; Errigal Keerogue church and graveyard; and McKean’s Moss area of special scientific interest. The Minister added it is impossible to build a new road through open countryside without doing some environmental damage, but the onus is on the designers, developers and Roads Service to do so in a way that avoids, where possible, areas of particular environmental, scientific or heritage interest. Where it is impossible to do that, they must ensure that the highest standards are met to mitigate any adverse impact. The environmental statement will be published with the other draft statutory Orders in November of this year, and details of all environmental issues and the proposed mitigation measures will be included in that document.

Written Answers to Questions 

Minister of the Environment

http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100402.htm#7
Electric Cars (2 April)
The Minister stated his belief that the time is right to explore further the role which electric vehicles can play in maximising the output from renewable sources, particularly wind, while providing a flexible transport solution with no harmful emissions. His officials are therefore working alongside their counterparts in DRD to jointly lead a project to seek to establish a consortium to progress a bid for a pilot electric vehicle project in Northern Ireland. The consortium will be bidding for seed funding from the UK wide £30m “Plugged in Places” scheme which aims to install electric vehicle infrastructure in up to 6 cities or regions across the UK. The money would be available to consortia made of local authorities, businesses, electricity distributors, suppliers and other organisations in order to support the early market for electric vehicles.

Minister for Social Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100409.htm#11
Fuel Poverty Strategy (9 April)
Minister Ritchie stated that her officials are in the final stages of drafting a fuel poverty strategy which will be presented to the Inter Departmental Group on Fuel Poverty, the Fuel Poverty Advisory Group and the Social Development Committee prior to a public consultation exercise which will last 12 weeks. The Minister expects the public consultation exercise to commence in June 2010.

Minister of the Environment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100416.htm#7
Areas of Special Scientific Interest (16 April)
The Minister revealed that NIEA is working to a target to ensure that 95% of the features underlying the designation of ASSIs are in, or approaching, favourable conservation condition by 2016. A comprehensive assessment in March 2008 of the condition of the ASSI network showed that 69% of the features on ASSIs were in or approaching favourable condition. The Minister added that NIEA is working in partnership with other Departments and NGOs, to ensure that site selection features on designated sites are in favourable condition. Through its own Management of Sensitive Sites (MOSS) scheme, NIEA funds conservation measures on ASSIs to ensure that site selection features achieve their target condition. In addition NIEA has developed a partnership arrangement with DARD to favour designated lands in the delivery of the Northern Ireland Countryside Management Scheme (NICMS). Under this scheme 8,399ha of land within ASSIs was brought under a beneficial management regime in 2009. NICMS is expected to deliver significant benefits to ASSIs for the duration of the Rural Development Programme 2007–13.

Minister for Social Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100423.htm#12
Renewable Energy in New Build Social Housing (23 April)
Minister Ritchie stated that all new Social Housing must conform to a minimum of code level 3 in the Code for Sustainable Homes making these homes in effect 25% more energy efficient than ever before. However to incentivise Housing Associations to build to even higher standards, the Minister has made further funding available if they can build to code 4 standard, a standard that ultimately requires a greater use of renewable and more sustainable technology. The Minister has also launched a pilot project that will see 70 new homes built to the very highest levels of the Code, right up to code 5/6 in a mixed tenure scheme that will go on site later this year. This development will provide important learning for the industry as we move towards our 2016 zero carbon aspiration.

Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100430.htm#2
Bovine Tuberculosis and Wildlife (30 April)
The Minister stated that her Department has a rigorous TB programme in place, approved by the EU, which includes a strand to address the ‘wildlife factor’. Interventions may include improving biosecurity, as well as options for more direct intervention such as the vaccination of badgers which may be the most feasible solution in the long–term. The Minister added that research involving badger culling elsewhere presents a mixed picture of its effectiveness in reducing disease levels in cattle. Recently published results from the Randomised Badger Control Trials in England suggest that the impact in the areas where culling took place was short lived, that the perturbation of badgers led to an increase in TB in surrounding areas and that the costs were prohibitive, outweighing by two or three times the savings from fewer TB herd breakdowns. The Minister also outlined her intention to carry out a TB Biosecurity Study this year to assess what critical differences there are between infected and non–infected herds in a TB high incidence area in County Down. Consideration of both selected cattle and wildlife factors will be key elements of this Study which will help inform new biosecurity advice for farmers. Meanwhile other wildlife species are not regarded as a significant issue for TB in cattle. A Deer Survey completed in 2009 found that the prevalence of TB in deer was low at less than 2 per cent.

Assembly Business
http://www.niassembly.gov.uk/record/reports2009/100412.htm#10
Statutory Committees: Chairpersons And Deputy Chairpersons
Changes Were Agreed To The Assembly Statutory Committees including:
Finance & Personnel: Chair, Jennifer Mccann (SF) Deputy Chair, David Mcnarry (UUP); OFMDFM Chair, Danny Kennedy (UUP) Deputy Chair, Naomi Long (AP); Enterprise Trade & Investment: Chair, Alban Maginness (SDLP) Deputy Chair, Paul Butler (SF); Culture Arts & Leisure: Chair, Barry McElduff (SF), Deputy Chair, Declan O’Loan (SDLP); Environment:  Chair, Cathal Boylan (SF) Deputy Chair, Dominic Bradley (SDLP); Agriculture & Rural Development: Chair, Ian Paisley Jnr (DUP) Deputy Chair, Tom Elliott (UUP); Regional Development: Chair, Fred Cobain (UUP) Deputy Chair, Michelle Mcilveen (DUP); Social Development: Chair, Simon Hamilton (DUP) Deputy Chair Carál Ní Chuilín (SF).

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March 2010

Executive Committee Business
http://www.niassembly.gov.uk/record/reports2009/100322.htm#4
Waste and Contaminated Land (Amendment) Bill: First Stage (22 March)
The Minister of the Environment introduced the Waste and Contaminated Land (Amendment) Bill which is a Bill to amend the Waste and Contaminated Land (Northern Ireland) Order 1997 and the Producer Responsibility Obligations (Northern Ireland) Order 1998. The Bill passed First Stage.

Executive Committee Business
http://www.niassembly.gov.uk/record/reports2009/100323.htm#4
Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (23 March)
The Minister of Enterprise, Trade and Investment sought and gained support ‘that the draft Renewables Obligation (Amendment) Order (Northern Ireland) 2010 be approved’. The Order introduces important changes to the Northern Ireland renewables obligation (NIRO).  The changes to the NIRO for this year are designed to ensure that it continues to encourage renewable electricity generation and to deliver the target of 40% by 2020, while ensuring that any additional costs to the consumer remain minimal. The main amendments to be introduced are: the extension of the end date of the NIRO  to 2033; introduction of a 20 year limit on support; removal of the 20% cap on the obligation; increasing the level of headroom to 10% from the 2011–12. The Minister explained that although the DECC is introducing a feed–in tariff in GB for small–scale renewable generation and despite strong support for a similar move here, there is currently no primary legislation in place to allow us to introduce a feed–in tariff as an alternative to the NIRO.  In response, and to ensure that the renewables sector here is not disadvantaged the Minister announced the introduction of equivalent support under the NIRO. New small–scale installations accredited after 1 April 2010 will receive the following increased support: onshore wind projects under 250kW, 4 NIROCs per MWh; Solar photovoltaics between 0 and 50kW, 4 NIROCs per MWh and Hydro stations up to 1MW will receive between 2 and 4 NIROCs per MWh. In addition, landfill gas will be ‘uprated’ to receive one NIROC per MWh. In relation to anaerobic digestion (AD), the Minister stated that to date there was not yet the evidence available to justify an increase to the current two ROCs for AD. Finally the Minister outlined a number of reasons why, in her view it would be wrong to include existing small–scale wind developers in the enhanced ROCs.

Ministerial Statement
http://www.niassembly.gov.uk/record/reports2009/100302.htm#2
Planning Reform (2 March)
The Minister stated that the Executive has agreed his final proposals on Planning Reform and provided a brief summary of the final proposals. These proposals include: planning policy statements will not be reviewed until after the transfer of planning powers to district councils; development plans will be taken forward as outlined in the consultation paper, with the exception of the proposal to give independent examiners the power to determine the most appropriate procedures in dealing with representations to the local development plan; development management proposals will be as outlined in the consultation paper, with the exception of the proposal to reduce the normal default duration of planning permissions and consents from five to three years. DoE will also revise details and proposals for the development hierarchy; the time limit for submitting an appeal is to be reduced to four months and DoE does not intend to proceed with legislation to allow the PAC to determine the most appropriate appeal method. While local member review bodies will not be introduced at this time the award of costs will be introduced. Although no formal proposal for third party rights of appeal was included in the consultation, DoE have agreed that further consideration of the issue will be deferred until the changes to the planning system have settled down; retrospective planning applications will attract a multiple of the normal planning fee and fixed Penalty Notice powers for breachs of Enforcement Notice or Breach of Condition Notice will be introduced. However DoE does not intend to make it an immediate criminal offence to commence development without planning permission; as there are cross–departmental implications in terms of funding and infrastructure responsibilities, DOE considered the matter of developer contributions to be an Executive issue.  Details of the government response to the Reform of the Planning System in Northern Ireland consultation can be found here.

Ministerial Statement
http://www.niassembly.gov.uk/record/reports2009/100308.htm#4
Draft Clean Neighbourhoods and Environment Bill (8 March)
The Minister updated members on the Draft Clean Neighbourhoods and Environment Bill, which he issued for public consultation on 1 March, stating that the Bill is about promoting quality of life by taking care of the environment. The proposed Bill contains provisions designed to improve the quality of the local environment by giving district councils additional powers, similar to their counterparts in England and Wales. These powers will enable Councils to deal more effectively with litter, nuisance alleys, fly–posting and graffiti, abandoned and nuisance vehicles, dogs, noise and other nuisance problems. The consultation on the detailed proposals of the Bill which closes on the 23 April can be viewed and downloaded here.

Ministerial Statement
http://www.niassembly.gov.uk/record/reports2009/100316.htm#1
North/South Ministerial Council: Environment Sectoral Format (16 March)
Ministers discussed the targets for the transposition of the waste framework directive, which is due to be transposed into national law by the end of the year, and on waste policy developments in each jurisdiction. The directive requires a significant increase in reuse and recycling rates for a wide range of waste streams. Ministers also heard proposals to create synergies between the market development programmes in both jurisdictions and the exploitation of economies of scale in the market for recycled materials. The Council received a progress report on the repatriation of illegally dumped cross–border waste and welcomed enforcement actions to target shipments of waste. The Council also received a progress report on work by the EPA and the NIEA on developing a common set of environmental indicators and on research.  Ministers also noted joint EPA and NIEA work to facilitate and encourage access to EU funding and in particular on the INTERREG and seventh framework programmes. Ministers welcomed a joint presentation on the river basin management plans and the programme of measures for their co–ordinated implementation.  

Ministerial Statement
http://www.niassembly.gov.uk/record/reports2009/100322.htm#3
North/South Ministerial Council: Transport Sectoral Format (22 March)
The Council noted that contractors had been appointed to the A5 and A8 road projects and with the next key milestone being the publication of the draft Orders associated with the environmental statement, the direction Order and the vesting Order. This is likely to lead to the holding of a public inquiry in 2011. Subject to satisfactory progress from draft to statutory procedures, and the confirmation of the availability of funds, it is anticipated that construction could start in 2012 and be completed by 2015.  Ministers noted the Department of Transport’s publication of the ‘National Cycle Policy Framework’ and through the Travelwise initiative, how DRD actively promotes walking, cycling, public transport and car sharing to businesses, commuters and schools as well as DRD’s formation of an active travel forum. Officials are actively pursuing a sustainable transport agenda, sharing experiences on issues such as public bike rental schemes and progressing plans for an all–island bike from 13 June to 20 June. The jointly supported car–sharing website for the north–west region is now also operational. Ministers reviewed the outcome of the initial meeting of the freight forum at which stakeholders with an interest in promoting a sustainable freight sector identified a number of priority issues issues including the need to be competitive in a sustainable manner and safer, compliant and eco–efficient road freight transport. 

Private Members’ Business
http://www.niassembly.gov.uk/record/reports2009/100308.htm#11
Boiler Scrappage Scheme (8 March)
Members debated and resolved a motion that: This Assembly notes the introduction of a boiler scrappage scheme by HM Government and calls on the Minister for Social Development to examine the scope for the future introduction of a similar scheme in Northern Ireland. The proposer (Simon Hamilton) noted that between the motion being tabled and this debate, DSD has responded positively to a request from the Social Development Committee, for a boiler scrappage scheme for Northern Ireland to be examined.  While the boiler scrappage scheme proposed a payment in England of £400 to help people to convert from energy efficiency G–rated boilers to A–rated boilers, devolved arrangements mean that the initiative would not automatically be rolled here. The advantages of the Scheme were outlined as: energy efficiency, carbon reduction, and enhancing the economy. The Minister stated that she has asked her officials to include proposals for a boiler replacement scheme in the new fuel poverty strategy that will be available for public consultation in the spring. However, any such scheme introduced will target vulnerable households in which people live in fuel poverty; it will not focus solely on reducing carbon emissions, as is the case with the scheme in England.

Oral Questions – 1 March

Department of the Environment
http://www.niassembly.gov.uk/record/reports2009/100301.htm#8
Greenhouse Gases: Hydrogen (1 March)
The Minister outlined the need to consider all initiatives and their potential to reduce transport emissions, which account for nearly 30% of Northern Ireland’s total carbon dioxide emissions. While he understood that many companies are working to develop technologies that might effectively exploit the potential of hydrogen energy for transport he cannot say whether hydrogen will become a suitable alternative to fossil fuels. The Minister referred to the Committee on Climate Change’s December 2008 report that electric cars combined with the decarbonisation of electricity generation could lead to dramatic reductions in emissions from cars and light vans. He stated however that electric cars are beneficial only if carbon neutral electricity is being used in them adding that they only work well if they are used in conjunction with renewable energies. DoE meanwhile are also looking at the potential for Belfast to bid to be one of the six UK cities to plug in electric cars.

Minister of Enterprise, Trade and Investment
http://www.niassembly.gov.uk/record/reports2009/100323.htm#6
Energy from Waste (23 March)
The Minister revealed that her Department is working on the development of four different energy from waste projects, which are at varying stages of progress. In addition to the Rose Energy project, Invest NI is also engaged in negotiations with the directors of Linergy power in Dungannon with a view to securing a mutually acceptable offer of support. Granville Eco–Park is conducting another of the projects, also in Dungannon. Finally, Strabane Mills recently secured planning approval and is about to begin construction of a plant at a total cost of £10 million. That plant is expected to be in operation by early 2011.

Written Questions

Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100305.htm#2
Forest and Woodland (5 March)
The Minister stated that up to the end of December 2009, 426 hectares of new woodland have been created by farmers and landowners under the Woodland Grant Scheme. This figure was much lower than the planned 1650 hectares of forest and woodland by 2011 outlined in the PfG. In order to encourage more farmers and landowners to create their own woodland, the Minister announced increases in grant rates of up to 30 per cent in November 2009. Since then, there has been more than a three fold increase in the number of applications in December 2009 and January 2010 compared with the same period last year. The Minister added that this renewed interest in woodland creation, together with Forest Service’s promotion of the forestry schemes, will put us back on course for the PfG woodland target.

Minister of the Environment  
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100312.htm#7
River Pollution (12 March)
The Minister provided an update on the number of people prosecuted for river pollution in each of the last three years under the terms of the Water (Northern Ireland) Order 1999 and the Pollution Prevention and Control (NI) Regulations 2003.

	Water (Northern       Ireland) Order 1999	Pollution Prevention and Control                 (NI) Regulations 2003
2007	29	0
2008	40	1
2009*	31	1
Total	100	2

*In line with other years, a number of 2009 cases are either pending with Public Prosecution Service (PPS) or remain to be referred to PPS by NIEA.

Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100319.htm#2
Nitrates Regulatory Committee (19 March)
DARD officials, AFBI staff and officials from the DoE are currently in discussions with the European Commission in relation to the Nitrates Directive. These discussions cover the review of the current Nitrates Action Programme, the Action Programme for the period 2011 to 2014, and the application to renew the derogation. The derogation allows grassland cattle farms to operate above the 70kg/Nitrogen/hectare/year limit set by the Directive, subject to specific additional conditions and applies to grazing livestock manure only. It does not cover poultry manure or litter which must be applied within the 170kg/Nitrogen/hectare/year limit. The current Action Programme contained a temporary measure to allow the storage of poultry litter in field heaps until 31 December 2008. However, subsequently, agreement was secured from the Commission to extend this temporary measure up to 31 December 2010. However, Commission officials have made clear that they do not want to see the practice of field storage of poultry litter continue any further beyond 31 December 2010.

Committee Business
http://www.niassembly.gov.uk/record/reports2009/100308.htm#5
Committee Membership: Agriculture and Rural Development Committee (8 March)
PJ Bradley has replaced Patsy McGlone as a member of the Committee for Agriculture and Rural Development.

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February 2010

Oral Questions

 

Department of the Environment
http://www.niassembly.gov.uk/record/reports2009/100201.htm#7
Environmental NGO Funding (1 February)
In responding to questions on NGO funding, the Minister stated that he recognised the importance of NGOs, and engagement with local communities to manage our environment. The Minister had sought assurances from NIEA officials that cuts to the natural heritage grants programme will be minimised this year, despite the overall reduced level of funding available in 2010–11. The DoE, with a budget of little over £100 million, had to find £15 million in efficiency savings, lost over £7 million as a result of a reduction in planning receipts, and had to spend over £2 million on an equal pay settlement. Therefore, the Department is under severe financial pressure, and some difficult decisions had to be made. He added the Department is seeking to spread the pain and to keep everything going and once it gets over its current difficulties, and more planning receipts received, it will hopefully be in a better position to fully support vital NGOs.

Department for Regional Development
http://www.niassembly.gov.uk/record/reports2009/100208.htm#6
Belfast Rapid Transit System Update (8 February)
Following completion of the public consultation on the policy proposals to inform a new rapid transit Bill, the Department will produce a consultation report that will contain the finalised policy. The rapid transit division is currently preparing an outline business case for the project which will identify the preferred options for rapid transit with regard to the network routes, a procurement strategy, a commercial business model and a fare system. Identifying the preferred options will allow the Department to undertake the necessary public consultation, impact assessments and appraisals on the various options before recommending a final route alignment for each of the three routes. The Minister added that the rapid transit system is designed so that it could be upgraded to light rail, if numbers justified such a move. Although the initial proposal is for three pilot routes, the hope and intention is that the system will include further routes.

Committee Business

Statutory Committee Membership (1 February)
http://www.niassembly.gov.uk/record/reports2009/100201.htm#4
Thomas Buchanan has replaced Iris Robinson on the Assembly Committee for Health, Social Services and Public Safety; Jonathan Bell has replaced Thomas Buchanan on the Committee for Employment and Learning and Adrian McQuillan as a member of the Committee for the Environment.

DOE 2010–11 Spending Plans (9 February)
http://www.niassembly.gov.uk/record/reports2009/100209.htm#2
The Chairperson of the Committee for the Environment outlined the Committee’s views on the DoE’s revised expenditure plans for 2010–11. Members acknowledged that the Department faces significant financial pressures and welcomed its commitment to reduce consultancy spend and running costs as well as the review of corporate services. Members supported the Department’s intention to focus staff cost savings on not filling vacancies and welcomed the decision to realign the Planning Service’s operating costs. However members were concerned about the proposed deferral of contracts and grant funding to external non–governmental organisations for the following reasons: it is unlikely that those who are affected by cuts will have the opportunity to relocate staff; the decision, unlike the one to realign the Planning Service, could lead to redundancies and the loss of expertise from the sector or the region; and some of the organisations that are affected by the decision deliver or contribute to statutory environmental protection obligations. The cutting of their funding may not be the most cost–effective approach in the longer term if it leads to a further deterioration of protected sites and/or EU infraction proceedings. The Committee welcomed the fact that the Department is liaising closely with the organisations that are affected but asked for a more detailed picture of the organisations that face cuts so that members can assess the real impact of the Department’s proposals.

Executive Committee Business

Wildlife and Natural Environment Bill
http://www.niassembly.gov.uk/record/reports2009/100215.htm#12
Extension of Committee Stage (15 February)
Members agreed that the Committee Stage of the Wildlife and Natural Environment Bill be extended to 20 April 2010 so that further time is available to scrutinise the Bill.

Local Government (Miscellaneous Provisions) Bill – Final Stage (23 February)
http://www.niassembly.gov.uk/record/reports2009/100223.htm#4
Following debate Members passed the Local Government (Miscellaneous Provisions) Bill. The Bill is an important milestone as it clarified the powers of district councils and waste management groups to enter into long–term service contracts with the private sector; to enable councils to acquire land otherwise than by agreement for waste management purposes; to make preliminary arrangements for the reorganisation of local government; to establish statutory transition committees for the purpose of preparing for and giving full effect to the reorganisation of local government; and to enable the Department to make regulations to provide for severance payments to be made to councillors who resign during a specified period.   The Bill is expected to come into operation in March 2010 as the Local Government (Miscellaneous Provisions) Act 2010.

Draft CRC Energy Efficiency Scheme Order 2010 (23 February)
http://www.niassembly.gov.uk/record/reports2009/100223.htm#5
The Environment Minister sought and gained Assembly approval for the Draft Carbon Reduction Commitment (CRC) Energy Efficiency Scheme Order. The CRC requires participants to abate emissions or purchase allowances and encourages the implementation of energy efficiency strategies. The scheme is aimed at large public and private sector organisations, (roughly speaking to those who have an electricity bill of £500,000 a year) which account for 10% of the UK’s carbon emissions.  It is estimated that 5,000 organisations will be full participants, with about 100 of them based uniquely in Northern Ireland. The UK Government and all Devolved Administrations will participate in the CRC. The scheme will be mandatory, and participating organisations will have to monitor their emissions and purchase allowances for each ton of CO2 that they emit.  All revenue raised from the annual sale of allowances will be recycled back to participants according to how well they perform. While domestic housing and transport emissions are excluded, there are specific Northern Ireland aspects to the scheme. It is intended that schools will eventually participate as part of the education and skills authority when it is set up. Until then, the legislation provides for schools to be included with education and library boards or the Department of Education. Street lighting will be exempt in phase 1 of the scheme but will be included from 2013. All other public sectors, including health and water, will be treated consistently across the UK.

Written Questions

Minister of Enterprise, Trade and Investment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100212.htm#6
Geothermal Energy (12 February)
In responding to a series of questions on geothermal energy, the Minister reported that DETI is engaged with the Utility Regulator and other Departments on a project to examine the potential for renewable heat in Northern Ireland, which includes scoping out any potential contribution from geothermal energy to our energy mix. However the Minister recognised that there are a number of legislative, technical and financial barriers to the development of geothermal energy in Northern Ireland.

Minister of the Environment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100212.htm#7
Planning Applications – Areas of High Scenic Value (12 February)
The Minister revealed the number of planning applications submitted within the last ten years where the proposed site was in an area of high scenic value i.e. areas which are designated to protect areas of landscape merit, were as follows: of the 1994 applications received during this period, 1495 were approved, 195 had been withdrawn, 231 refused and 66 still live.  

Planning Reform (12 February)
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100212.htm#7
Following widespread consultation on the wide–ranging proposals for reform of the planning system the Minister has now formulated his final policy position, taking full account of the views expressed through the consultation, and subsequently submitted these policy proposals to Executive colleagues for consideration on 7 January 2010, with a view to seeking clearance at an Executive meeting as soon as possible thereafter. Subject to Executive agreement, the final policy position will be made public and the legislative process progressed. However the Minister added that given the extremely tight legislative timescale it is essential that Executive clearance of the final policy is secured in the coming weeks ‘if we are to remain on course to deliver the reforms by the 2011 deadline’. On 25 February the Executive subsequently passed Minister Poots’ proposals for reform of the planning system. Further information can be found http://www.northernireland.gov.uk/news/news-doe/news-doe-250210-poots-outlines-final.htm.

Minister of Enterprise, Trade and Investment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100219.htm#6
Offshore Renewable Energy (19 February)
DETI have received 12 inquiries from organisations interested in developing the potentially significant offshore wind and tidal resources in Northern Ireland waters. In all cases, DETI noted that the completion of the SEA and finalisation of the Plan would enable DETI to work with The Crown Estate, as owner of the seabed, to launch a competitive call for offshore renewable energy projects. This call is planned for 2010–2011 and will enable developers to come forward with their specific proposals. The establishment of an Offshore Renewable Energy Forum has not yet happened. Following the public consultation on the draft Plan, the Minister will consider the views and comments from marine users on both the Plan and membership of the Forum. Meanwhile the Minister stated that while DETI currently has the legislative power to issue onshore Renewable Obligation Certificates (ROCs) in relation to the Offshore Renewable Energy Certificate the powers to issue offshore ROCs currently lie with the Department for Energy and Climate Change (DECC).  However, as outlined in the Department’s draft Offshore Renewable Energy Strategic Action Plan 2009–2020, the department are seeking to transfer these powers to DETI.  

Minister of Agriculture and Rural Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100226.htm#2
Assistance towards Renewable Energy by Anaerobic Digestion (26 February)
The Minister revealed that following receipt of a report from the Agriculture Stakeholder Forum on Renewable Energy, she was carrying out a review of DARD’s renewable energy policy and expects to publish the outcome of this review in May 2010. Meanwhile DARD has secured EC State Aid approval to implement a Biomass Processing Challenge Fund, which they plan to open in summer 2010. The objective of the Fund is to encourage investment in a range of Renewable Energy technologies at farm level, including Anaerobic Digestion (AD).  CAFRE meanwhile also intend to deliver a course for farmers/ growers on AD during 2010.

Private Members’ Business

Local Government Reform (22 February)
http://www.niassembly.gov.uk/record/reports2009/100222.htm#7

The Minister of the Environment responded to Members’ concerns about ongoing uncertainty and delay in the local government reform programme and stated that significant progress has been made. Policy proposals for local government reorganisation have been with the Executive since June 2009, have been cleared by the First Minister, and, after they have been approved by the deputy First Minister and the Executive, the Minister intends to publish them for consultation. The Minister also stated that in delivering local government reform, he must ensure that benefits will be gained. Therefore, he has requested that NILGA, puts forward its proposals on how the local government sector intends to achieve the regional collaboration to realise the expected benefits. However in awaiting a response the Minister stated that ‘The time for prevarication on the issue is over’, adding I will not proceed with any proposal that does not reduce the cost to the ratepayer’. 

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January 2010

Written Questions

Department of the Environment

www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100108.htm#7

Legislation (08 January)
Minister Poots revealed that his Department is currently working to bring a range of primary legislation before the Assembly by 2011, and plans to introduce six Bills by the dates indicated below. These dates are subject to Environment Committee consideration and Executive Committee approval as appropriate. The Minister added that his Department also intends to bring a number of pieces of subordinate legislation to the Assembly for approval by Affirmative Resolution, but was unable to confirm a timetable for the relevant debates at this stage.

Title	Proposed Date For Introduction To The Assembly
Local Government Finance Bill	January 2010
Waste and Contaminated Land (Amendment) Bill	January/February 2010
Local Government Reorganisation Bill	May 2010
Planning Reform Bill	June 2010
High Hedges Bill	June 2010
Clean Neighbourhoods and Environment Bill	June 2010

Department for Social Development
www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100108.htm#11

Boiler Scrappage Scheme (8 January)
Social Development Minister, Margaret Ritchie stated that she is considering introducing a boiler scrappage scheme similar to the scheme announced by the Chancellor in the pre–budget report. The Minister stated her Department is considering a boiler replacement scheme as part of its review of the Fuel Poverty Strategy. The new strategy will be subject to public consultation early in 2010.

Warm Homes Scheme (15 January)
www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/100115.htm#11

The Minister provided an update on the status of the Warm Homes Scheme. Since 2001 over £118 million has been spent making in excess of 71,000 households warmer. Following a competitive tendering process the new Warm Homes Scheme contract was awarded to two new scheme managers and at the end of December, 6885 successful applications have been received. However at subsequent debate at the Assembly (Private Members Business 19 January) Members supported a motion which stated this Assembly recognises the valuable contribution of the warm homes scheme, since its inception, in improving the energy and fuel efficiency of thousands of homes, and in tackling fuel poverty in Northern Ireland; welcomes the allocation of over £20 million to the scheme in this financial year; notes with concern the low levels of heating installations this year to date; and calls on the Minister for Social Development to examine the progress of the scheme and to review the eligibility criteria with a view to making them more flexible in respect of heating replacements whilst still focusing on people most in need.

Executive Committee Business (12 January)
www.niassembly.gov.uk/record/reports2009/100112.htm#6

Wildlife and Natural Environment Bill – Second Stage

The Minister introduced the Second Stage debate on the Wildlife and Natural Bill to the Assembly. The Bill is intended to provide more protection for the species listed, introduces custodial sentences for severe and persistent wildlife crime and new powers to protect areas of special scientific interest. It also proposes a new duty on Departments and other public bodies (including local authorities) to further the conservation of biodiversity and abolishes elements of the game laws that require anyone hunting or selling game to have a licence. While members welcomed the Second Stage of the Bill, most contributors to the debate questioned the lack of proposals to increase the level of protection afforded to the Irish hare and the proposal to regulate the use of snares rather than a total ban. Following the debate, the Second Stage of the Bill was agreed and now moves to the Assembly Environment Committee for its Consideration Stage.

Ministerial Statement (12 January)
www.niassembly.gov.uk/record/reports2009/100112.htm#1

EU Fisheries Council: December 2009
Minister Gildernew outlined the main outcomes of the Fisheries Council meeting. The Minister’s priority was to resist the proposed 30% cut in the nephrops total allowable catch (TAC) for area 7 and considerable effort was expended to combat the arguments used to justify this proposal. After lengthy negotiations, the Commission reduced the cut to 9%, but despite further strong representations no further movement was possible. Despite pressing for an increase in the Irish Sea herring quota, the final package did not provide any increase.  There was an expected 25% cut in the cod TAC in line with the cod recovery plan, no change for haddock and a 14% increase for Irish Sea plaice. Both sole and whiting stocks remained depleted, and each experienced a cut of 25%, but those stocks are of little importance to the local fleet, and the quotas remain above recorded landings.

Ministerial Statement (18 January)
http://www.niassembly.gov.uk/record/reports2009/100126.htm#5

British–Irish Council: Ministerial Meeting
Minister Ritchie reported on the inaugural meeting of the British–Irish Council housing work stream, held in December 2009 which discussed sustainable and more energy–efficient housing, including the use of renewable technologies. Ministers agreed the potential to boost the economy and to help reduce the impacts of climate change, and agreed that work should be taken forward to identify effective measures that could be introduced in new and existing homes. Ministers discussed the ROI’s experience in greening its housing stock through the introduction of mandatory standards for the use of renewable technologies through building control and summarised the outworkings of that initiative with regard to reduced energy consumption and carbon emissions. Other examples of good practice discussed were the Welsh Assembly’s pilot scheme to deliver 22 housing units to level 4 and 5 of the ‘Code for Sustainable Homes’ and the establishment in Scotland of a best practice unit to consider renewable technologies across the world. The topic generated debate on the merits of retrofitting as opposed to newbuild and the success of financial incentives to drive change versus regulation.

Ministerial Statement (19 January)
www.niassembly.gov.uk/record/reports2009/100119.htm#2

Draft High Hedges Bill
Minister Poots proposed legislation designed to help people adversely affected by high hedges bordering their domestic property. The aim of the draft bill is to deal with the loss of light caused by trees and proposes to give councils the power to investigate complaints and, where appropriate, issue remedial notices requiring that such hedges be reduced to a specified height. A remedial notice will specify the time frame in which work must be carried out. Before issuing a remedial notice, other important environmental factors, such as bird nesting seasons and tree preservation orders, will also be taken into consideration. The draft legislation does not look at individual trees but at instances when those trees are planted as hedges and cause problems. The consultation period will run until 1 March.

Executive Committee Business (26 January)
www.niassembly.gov.uk/record/reports2009/100126.htm#5

Water and Sewerage Services (Amendment) Bill – Consideration Stage
The purpose of this short technical Bill is to ensure the continued provision of customer subsidies to Northern Ireland Water in the absence of funding from customer charging. Following the Committee Stage it was decided that the Bill should proceed without amendment. Although the Committee had sought clarity on the financial impact that ongoing deferral may have on the Northern Ireland block, on DRD budget, and on the budgets of other Departments, they were generally satisfied that further clarification was not available unless or until the Executive make a decision on funding arrangements for, provision of, water and sewerage services in Northern Ireland.

New Members and Committee Membership
During January a number of changes have taken place:

• Billy Leonard has replaced Francie Brolly as a MLA for East Londonderry.  Mr Leonard has been appointed member of the Committee for Culture, Arts and Leisure, member of the Committee on Procedures, and the Committee on Standards and Privileges;
• Conall McDevitt has replaced Carmel Hanna as a MLA for South Belfast. Mr McDevitt has been appointed member of the Committee for Health, Social Services and Public Safety;
• Jonathan Bell has replaced Iris Robinson as a MLA for the Strangford constituency;
• Alex Attwood has been appointed to the Assembly Commission;
• Declan O’Loan has been appointed member of the Assembly and Executive Review Committee.  

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December 2009   

Séan Kelly and Seamus óg Gallagher Written Questions

 

Department of Agriculture and Rural Development
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/091106.htm#2

Committee on Climate Change (6 November)
Although the Minister revealed her Department had not yet sought advice from the Committee as its work to date has concentrated on low–carbon power, buildings emissions and transportation, she did note that its future work would include non–carbon emissions such as methane and nitrous oxide, both of which are very relevant to agriculture. She would therefore take their recommendations and future work into account in future policy development. The Minister stated that she had discussed climate change with other Ministers and her officials are actively engaged with the Rural Climate Change Forum and other administrations to establish robust measurement and reporting tools through green house gas inventories.  The Minister added her officials also sit on the Defra led Carbon Budget Working Group and that policy areas being developed include land management, nutrient management, livestock management and renewable energy.

Department of Enterprise, Trade and Investment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/091106.htm#6

Renewable Energy Targets (6 November)
The Minister provided an update on progress in relation to achieving renewable energy targets namely: that by 2012, 12% of our electricity consumption will come from indigenous renewable sources and that, of that renewable element, 15% will be from non–wind sources. The Minister stated that by the end of September 2009 had reached 8.9% on the main target with a 2.4% non–wind contribution.

Department of Enterprise, Trade and Investment
http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2009/091106.htm#6

Electricity Costs and impact of 40% renewable target (6 November)
The Minister explained that although when issued for consultation in July 2009, the Strategic Energy Framework had estimated the cost of the proposed 40% renewable electricity target would be approximately £99 per household per annum, further detailed analysis now indicated that the figure would be around £50 per household per annum. Despite these increased costs the Minister added that that oil and gas prices are likely to increase in the future as demand continues to increase globally and stocks dwindle. So reducing our dependence on these fuels and increasing our use of renewables should help protect Northern Ireland consumers, across all sectors, from global price fluctuations.