Agenda and minutes

Minutes of the meeting of 2^nd December

            The minutes of the meeting of 2nd December were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 5th January.

            The Chairman, on behalf of the Committee, welcomed Councillor Mallon to her first meeting.

            (Mrs. J. Thompson, Director of Finance and Resources, attended in connection with this item.)

            The Committee considered a report which had been prepared by the Director of Finance and Resources in relation to the estimates of revenue expenditure for the year 2010/2011.  A copy of that section of the report, insofar as it applied specifically to the Health and Environmental Services Committee, is set out hereunder:

      “A spending limit of £43,057,644 is recommended for the Health and Environmental Services Committee in 2010/2011. This represents an increase of £444,816 or 1.04% over last year. The main items of expenditure of the department are set out within the attached appendix.

      The Environmental Health Service’s budget has increased by £62,820 representing an increase of 0.88% on 2009/10. This includes expenditure of £425,000 on the Good Morning Project which will be fully financed by external funding. The estimates also include the full cost of the City Wide 25 person Community Warden Service with an estimated net cost to the Environmental Health Service of £217,975 during 2010/11. As previously advised to Committee the estimates are based on the balance of funding required for the service being secured through external partners (estimated at £620,000 for 2010/11) and a successful bid of £100,000 from the Council’s Thematic Funding for 2010/11. It should be noted that if thematic funding was not available for 2010/11 then the planned Wardens Service would have to be curtailed unless specific growth to match the £100,000 was included in the Environmental Health Service revenue estimates.

      The Council will incur an additional £542,000 of Landfill Tax costs during 2010/11 due to the annual increase in the landfill tax rate of £8 per tonne announced by the Chancellor of the Exchequer in the March 2007 Budget. In-vessel composting costs for the treatment of food waste collected through the brown bins will also increase Waste Management costs by £121,000 during 2010/11. Despite these major increases, significant budget savings within the Waste Management Service have resulted in the overall increase in net expenditure for the Service being limited to £367,059. The savings include a reduction of £105,000 of landfill contract gate fees mainly due to the reduction in tonnages disposed of by landfill, £200,600 of reductions in operational costs at the Waste Transfer Station, £80,000 reduction in external services contracts for the Public Conveniences (PC’s) £50,000 of which relates to the savings in the tender for mobile security at PC’s and reductions of £137,000 of costs for Waste Education and Projects of which the major element is savings in advertising costs of the waste communication programme and a reduction in the scale of the Waste Week initiative.

      The impact of the economic downturn on the construction industry continues to have a major affect on the Building Control Service. Members will be aware of the range of initiatives which the Service has implemented to reduce the impact of the major reduction in Building Control income since June 2008. These have included undertaking the vacant rating project via  ...  view the full minutes text for item 3.

            The Director of Health and Environmental Services informed the Members that the National Association of Councillors would be holding a conference in York from 22nd till 24th January.  He reported that the theme of the conference was “Tackling Climate Change – Protecting Our Environment” and that it would consider important issues such as flood risk, low carbon vehicles, sustainable waste management and wind energy.  It would provide also an opportunity for Members to increase their awareness of a wide range of environmental policy issues of immediate relevance to the Council.  The total cost per delegate for attendance at the event would be approximately £660.

            The Committee authorised the attendance at the National Association of Councillors’ conference of the Chairman, the Deputy Chairman, the Council’s representatives on the National Association of Councillors (Northern Ireland Region) (or their nominees) and a representative of each of the Party Groupings on the Council not represented by the aforementioned Members.

            The Committee was reminded that, at its meeting on 8th March, 2005, it had approved the secondment of the Sustainable Development Manager to the Department of the Environment for a period of two years to act as a support officer for the Sustainable Development Commission.  This secondment had been extended until April, 2009 and for a further year by the Committee at its meetings on 11th September, 2006 and 8th October, 2008 respectively.

            The Director of Health and Environmental Services informed the Members that the Sustainable Development Commission had indicated that it now wished to extend the arrangement by a further twelve months.  He pointed out that the secondment represented a suitable development opportunity for the Sustainable Development Manager in an area which was of significant strategic importance to the Council.  Accordingly, he recommended that the Committee agree to extend till April, 2011 the secondment to the Department of the Environment of the Sustainable Development Manager, subject to all salary costs and associated expenditure being met by that Department.  He recommended further that the Committee agree that the post within the Health and Environmental Services Department vacated by the Sustainable Development Manager continue to be filled through the extension of the current secondment in accordance with appropriate Council procedures.

            The Committee adopted the recommendations.

            The Committee was advised that the Northern Ireland Local Government Association would be holding its Annual Conference in Newcastle on 18th and 19th February.  The Director of Health and Environmental Services reported that the Association would, on the evening of the 18th, be hosting a dinner during which the various winners of the Northern Ireland Local Government Awards 2009 would be announced.  The awards, which had attracted in the region of seventy entries, sought to recognise exceptional performance and achievement by both officers and Members.

            He explained that the Health and Environmental Services Department had been advised that submissions made by three of its Services had been shortlisted for awards.  The Community Safety Team within the Environmental Health Service had been nominated in the “Best Local Authority Service Team” category in recognition of its work in tackling issues such as alcohol-fuelled violent crime, anti-social behaviour and hate crime.  The Lord Mayor’s Big Clean-Up campaign, which had been led by Cleansing Services, had been shortlisted for an award in the “Best Sustainable Development Initiative” category.  Finally, the Building Control Service had been nominated in the “Best Improvement Project” category as a result of its partnership working with the Land and Property Services Agency in collecting data to facilitate the early and accurate valuation of properties.  The Director pointed out that these nominations reflected the Council’s ongoing commitment to service delivery.  He explained that two officers associated with each of the three submissions had been invited to attend the awards dinner and ceremony and that additional places could be purchased at a cost of £45 per person.

            The Committee authorised the attendance at the Northern Ireland Local Government Awards 2009 of the Chairman and the Deputy Chairman, together with two officers from each of the three Services whose submissions had been shortlisted for an award.

            The Committee was advised that, in line with the Council’s ongoing commitment to delivering better services, the Waste Management Service had been working with the National Consumer Council and the Corporate Communications Section in order to develop a set of Customer Service Standards and associated performance targets.  The Head of Waste Management explained that these would relate specifically to the following services:

·         purchasing a bin;

·         public toilets;

·         household recycling centres;

·         glass recycling banks;

·         waste management helpline and support services;

·         abandoned vehicles;

·         asbestos collections;

·         promotion and education; and

·         household waste assessments.

            He informed the Members that it was proposed that the Customer Service Standards and associated performance targets be published on the Council’s website, monitored regularly and reported to the Committee on an annual basis.  He pointed out that, in so doing, the Waste Management Service would be demonstrating its commitment in terms of addressing customer expectations.  Information derived from the performance data would be used to improve service delivery and inform new proposals and approaches in relation to waste management within the City.  Accordingly, he recommended that the Committee approve the Customer Service Standards and agree that performance information be presented to the Committee on an annual basis.

            During discussion, a Member suggested that performance data should be presented to the Committee on a six?monthly basis, rather than annually.  In response, the Head of Waste Management explained that, although it would not be feasible to collate data on some of the performance measures to enable them to be presented to the Committee within such a timeframe, a report could be provided as part of the half?yearly update on the Departmental Plan to include those performance measures for which information was available.

            The Committee approved the Customer Service Standards for the Waste Management Service and agreed that they be submitted for its consideration as outlined.

            The Committee was advised that, under the provisions of the Waste Electrical and Electronic Equipment (Waste Management Licensing) Regulations (Northern Ireland) 2006, the Council was obliged to accept waste electrical and electronic equipment from members of the public.  The Head of Waste Management reported that the Council had, in accordance with the Government’s Take Back Scheme, registered a number of sites as designated collection facilities in order to receive waste equipment such as large household appliances, cooling appliances, televisions and monitors and gas discharge lamps, such as fluorescent tubes.  Such items were collected and processed subsequently free of charge through a Producer Compliance Scheme which operated on behalf of manufacturers.

            He explained that, when the Take Back Scheme had been introduced in July, 2007, it had been determined that some Councils could have difficulty in securing a Producer Compliance Scheme owing to the small quantities of waste electronic and electrical equipment which they generated.  Accordingly, it was agreed that a collaborative process involving the three waste management partnerships should be used.  He reported that arc21 had, subsequently, completed tendering exercises for the collection and processing of waste electrical and electronic equipment from designated collection facilities under Councils’ control and, as a result, a contract had been awarded to cover the period from 1st July, 2007 till 31st December, 2009.  Arc21, in collaboration with the North West Region Waste Management Group, had re-tendered recently for this service and had awarded a new contract for the period from 1st January, 2010 till 31st March, 2013, with the option of six-monthly extensions until 31st March, 2015.  Accordingly, he recommended that the Committee approve the Council entering into an agreement with arc21 and the North West Regional Waste Management Group for the collection and processing of household waste electronic and electrical equipment, which would involve no cost to the Council.

            The Committee adopted the recommendation.

            The Head of Waste Management informed the Members that the provisions of the Waste Batteries and Accumulators (Treatment and Disposal) Regulations (Northern Ireland) 2009 placed a responsibility upon producers in relation to the collection and processing of waste batteries and accumulators.  Councils were, therefore, entitled to access a service which would collect and process free of charge waste batteries and accumulators from designated collection facilities.

            He explained that arc21, together with the North West Region Waste Management Group, had conducted a tendering exercise with a view to establishing a batteries and accumulators Take Back Scheme, similar to that which operated in relation to waste electrical and electronic equipment.  As a result, a contract had been awarded to cover the period from 1st January, 2010 till 31st March, 2013, with an option to extend on a six-monthly basis until 31st March, 2015.  Accordingly, he recommended that the Committee approve the Council entering into an agreement with arc21 and the North West Region Waste Management Group for the collection and processing of household batteries and accumulators from designated collection facilities, which would involve no cost to the Council.

            The Committee adopted the recommendation.

            The Committee considered the undernoted report:

“Relevant Background Information

      Since 2004, the Waste Management Service has been considering proposals to develop a reward card system to encourage changes in attitude and behaviour amongst the city’s public.  However, progress with these proposals was limited by the need to prioritise operational issues, such as the roll-out of new waste collection arrangements.

      In 2008, however, the EC INTERREG IV:B North West Europe region programme Priority 4 Strong and Prosperous Communities was identified as providing a possible source of funding for the development of a reward card, and two reports were prepared and the proposals approved by the Committee to consider the development of an application.

      The Committee may recall that, at its meeting on 8th April, 2009, approval was granted for the Waste Management Service to lead the preparation of an application under the INTERREG programme for a Sustainable Carbon Reward Card, in conjunction with partners from Dublin Regional Authority, Liverpool City Council and the Brussels Institute for Management of the Environment.  The Committee was informed that 50% of the cost of developing the reward card would be directly funded by INTERREG. 

      The Committee agreed that, should the application be successful, a report would be submitted to a future Committee meeting providing details of the project, the organisations involved and the associated costs to enable a decision to be taken regarding the Council’s participation in the programme. 

      In accordance with the Committee’s decision, an application was submitted to INTERREG in October, detailing the partners’ plans for a Sustainable Carbon Reward Card which would seek to encourage users in each of the cities to become more aware of the impact of their personal choices and to alter their lifestyles.  The aim of the card is to reward positive personal behaviour by issuing points which will save the user money, impact positively on the environment and improve the use of Council resources.

      In December, the application for a five year project was conditionally approved by INTERREG, subject to several conditions being met.  These have been clarified at a meeting with the INTERREG management team last week.  The partners also met last week to address the conditions and to finalise the application form by 26th February in line with the INTERREG timetable.

      In each of the partner cities, the card will seek to promote change in particular areas of public behaviour.  The different areas and how they can be targeted by rewarding behaviour are due to be scoped fully in the first year of the project but the Service is proposing that Belfast should consider issues such as sustainable consumption and how to reward users for:

·         Increasing their recycling rates

·         Minimising their production of waste

·         Increasing their use of the Council’s leisure centres and

·         Increasing their use of public transport.

      Other areas which it may prove possible to include in the card scheme include (i) increasing donations to and the use of charity shops (ii) buying local produce/supporting the St George’s Market (iii)  ...  view the full minutes text for item 5d

            The Head of Building Control informed the Committee that responsibility for the enforcement of the Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008 had, on 3rd December, been transferred by the Northern Ireland Assembly to District Councils.  Under the legislation, Councils would assume responsibility for enforcing the Regulations for all buildings, with the exception of those which were Council-owned, which would fall within the remit of the Department of Finance and Personnel.

            He reminded the Committee that, at its meeting on 4th June, 2008, it had been advised that the Council would seek to become the enforcing authority for all of Northern Ireland.  Subsequently, the Committee, at its meeting on 5th August, 2009, had been informed that the Council had been appointed by the Department of Finance and Personnel to undertake this role on behalf of District Councils for the duration of the pilot scheme, which was being funded by the Department.

            He reported that the Council had appointed recently four Energy Performance Certificates officers, of which two were Building Control employees, who would be responsible for ensuring compliance with the Regulations.  The officers would be located within the Building Control Service and, in order to ensure the effective enforcement of the Regulations, each officer would undertake enforcement activities within a specific geographical area within Northern Ireland.  He stated that it was essential to ensure that the work of the officers was co-ordinated and undertaken in conjunction with the Building Control Services of the other Councils.  Therefore, in order to ensure an effective and consistent approach to enforcement across Northern Ireland, Building Control Northern Ireland had produced a document which set out how the relationship would be managed.

            The Committee granted authority for the Energy Performance Certificates officers to enforce the legislation on behalf of the Council within its boundary.

            The Committee considered the undernoted report:

“Relevant Background Information

      On 19th November, 2009, Michael McGimpsey, Minister for Health, Social Services and Public Safety, launched a public consultation on the regulation of the sunbed industry in Northern Ireland. The closing date for receipt of comments is 19th February, 2010.  A copy of the consultation document, together with the Council’s response is attached.

      Sunbeds and Health

      The use of sunbeds is one of the major risk factors in developing skin cancer. In August 2009, the International Agency for Research on Cancer (IARC) published a report which reclassified sunbeds into the highest cancer risk category, i.e. ‘carcinogenic to humans’ (Group 1).

      In Northern Ireland, skin cancer is the most common cancer, currently accounting for 28% of all individuals diagnosed with cancer.  In 2007, 233 cases of malignant melanoma and 2,772 cases of non-melanoma skin cancer were recorded.  In the United Kingdom, the mortality from melanoma due to sunbed use alone is estimated to be about 100 deaths per year.

      Members will recall that, in response to health concerns, the Council agreed to phase out the use of sunbeds in council leisure and community centres by 31st December, 2003. Since that date there have been no sunbeds on Council premises.

      The current situation with sunbeds in NI

      There are now approximately 400 outlets in Northern Ireland offering sunbed sessions, with around 115 in the Belfast area. In addition, many individuals have purchased or hired sunbeds for private use at home.

      In 2007, the first Northern Ireland-wide survey of operating practices in tanning bed parlours was carried out to assess operational safety and user protection measures. The survey was carried out by Environmental Health Practitioners (EHPs) who visited a total of 332 tanning parlours in 25 District Council areas. The main findings gave cause for concern in that it revealed a wide variation in operating practices and poor standards of operation / client protection among some providers.

      Committee on Medical Aspects of Radiation

      in the Environment (COMARE)

      The Committee on Medical Aspects of Radiation in the Environment (COMARE) is an expert committee which offers independent advice to UK Government Departments and Devolved Administrations on the health effects of natural and man-made radiation.  It also assesses the adequacy of available data and advises on the need for further research.  In 2007, the four UK Departments of Health requested that COMARE provide advice regarding the safety of UV sunbeds in the UK. COMARE’s 13th report: ‘The health effects and risks arising from exposure to ultraviolet radiation from artificial tanning devices’ was published in June, 2009 and made four recommendations:

1.   Regulation of commercial use of sunbeds should be introduced.  The report further provides recommendations of the areas that the legislation should cover and this includes a prohibition on use by under 18s, training for staff and much greater information provided to clients.

2.   A duty to be placed on local authorities to periodically inspect commercial outlets  ...  view the full minutes text for item 7a

            The Committee considered the undernoted report:

“Relevant Background Information

      In December 2007, the then First Minister and the deputy First Minister announced their commitment to work towards the establishment of a Commissioner for Older People.  To take this forward, Deloitte Consulting was commissioned to prepare a feasibility study which considered the extensive evidence base available and looked at other comparable Commissioner models, focusing on the Children’s Commissioner in Northern Ireland and the Older People’s Commissioner in Wales.  In the interim, an Older People’s Advocate was appointed.

      The principal aim of establishing a Commissioner for Older People is to safeguard and promote the interests of older people throughout Northern Ireland. 

      Summary of proposals

      To establish a strong independent voice for older people, it is proposed that:

·         A Commissioner for older people will be established with a wide range of promotional, advisory, educational, legal and investigatory functions and powers to be deployed in the interests of older people, both generally and individually.

·         The Older People’s Commissioner may have formal agreements (known as Memoranda of Understanding) with other regulatory bodies so that there is a ‘joined-up’ approach to the interests of older people.  Consideration is also being given to whether it is possible or appropriate to have a statutory requirement for collaborative working included in the Draft Bill, or whether the same result could be achieved on a purely voluntary basis by administrative arrangements.

·         The Commissioner will be appointed by the First Minister and the deputy First Minister acting jointly, for a term of four years and may serve a maximum of two terms of office.

·         Older people will be involved in the process to appoint an Older People’s Commissioner.

·         The Commissioner will perform his or her role in respect of people over the age of 60.

·         The Commissioner will be able to provide assistance (e.g. offer support, guidance and/or funds) to an older person with their complaint against a relevant authority.

·         The Commissioner will support legal cases on behalf of older people.

·         The Commissioner will have specific powers to review, in general and individual cases, the advocacy, complaint, inspection and whistle-blowing arrangements of relevant authorities.

·         The Office of the First Minister and deputy First Minister will provide funds to the Older People’s Commissioner.

·         The Commissioner may appoint such staff as he or she may determine and any function of the Commissioner may be exercised by a member of staff who has been so authorised by the Commissioner.

      A copy of the Consultation Documentation can be downloaded from

www.ofmdfm.gov.uk/index/equality/age/older-peoples-commissioner.htm

Key Issues

      A draft response has been prepared to the consultation questionnaire comprising of 46 questions (attached).  The key points forming this response are:

·         The Council welcomes the proposals for a Commissioner for Older People in Northern Ireland that has sufficient powers to protect the interests of older people.  The Council, however, recommends that promoting the interests of older people should not be to the detriment of the wider population or community.

·         The Council welcomes the approach of formal agreements (known  ...  view the full minutes text for item 7b

            The Committee considered the undernoted report:

“Relevant Background Information

      Alleygate Pilot

      As the Committee is aware, BelfastCity Council has delivered an Alleygate pilot project which involved the erection of 200 gates in Little America, Lower Windsor, Woodvale, the Mount and Beechmount. £490,000 was made available from the NIO Community Safety Unit and BRO for this pilot (£420,000 for gates and the remainder to support revenue costs for delivery partner Bryson House).

      An evaluation of the pilot project in March 2006 showed that:

·         The most positive impact of the gates was in terms of reducing the fear of crime in the areas with 89% of respondents reporting that they believed the gates had a positive or very positive impact on reducing the fear of crime.

·         73% of residents reported a positive impact on the reduction of littering and dumping.

·         87% of residents believed that the gates had a positive impact on reducing crime.

·         There were substantial reductions in anti-social behaviour reports in four of the five pilot areas.

      In addition the Development Department’s Arterial Routes Programme initiated the erection of alleygates in the Lower Ormeau Road area.  In 2008 this scheme transferred to the Community Safety Team for completion and to allow the coordination of the emerging citywide approach.

      Current Position

      At present no significant funding has been made available to gate further areas in Belfast, apart from some small one off funding opportunities, the most recent being through DSD in the Cooke Court area.  However, there is considerable public and political demand for an expansion of the current pilot. 

      A business case for £500,000 has been prepared which would be subject to the Council’s gateway process should Alleygating be agreed as a new project under the capital programme.  Furthermore the NIO Community Safety Unit has submitted a bid for a regional scheme to the value of £I.5 million and it is hoped that Belfast would secure considerable match funding.  Initial discussions with DSD have also indicated that there may be opportunities to work in partnership in neighbourhoods of common interest.  The Housing Executive has also been approached to see if a pilot could be carried out in areas of intensive concentrations of Houses in Multiple Occupation and a report on this will be brought before Committee should more firm proposals be agreed.  

Key Issues

      Members will be aware that the process to gain permission to install alleygates is often a lengthy one. The steps involved include the completion of a household consultation and then an application to the DRD Roads Service for a Road Traffic Order (RTO) to allow the alley to be gated.  This in itself involves a statutory consultation period and thus in total these processes can take in the region of 6 months, assuming there are no objections. 

      However, in light of the proposed transfer of functions from central to local government, as part of the RPA, Roads Service has indicated that it is unable to direct  ...  view the full minutes text for item 7c

            The Committee was reminded that, at its meeting on 2nd December, it had agreed that a report providing details in respect of any incidents encountered by staff employed within the Environmental Health Service in undertaking their duties be submitted on a regular basis.  Accordingly, the Head of Environmental Health submitted for the Committee’s consideration information relating to two assaults, one on Community Safety Wardens which had taken place in the York Road area on 21st November, and another on two members of the Night-time Noise Team in the New Lodge area on 27th November.  She outlined the nature of the attacks and pointed out that, in the case of the Community Safety Wardens, first aid treatment had been required.  Both incidents had been investigated by the Police Service of Northern Ireland and, subsequently, two males had been arrested and charged in relation to the attack on the Night-time Noise Officers.

            She reviewed the level of training which had been made available to both teams prior to them taking up their duties and explained that, following the incidents, a number of measures had been put in place in order to improve their health and safety.  These had included the provision of training in relation to vehicle and on-foot patrolling, the allocation of radios to the Police Service of Northern Ireland to improve communication with Council officers and the placing of a protective layer on vehicle windows to prevent them shattering in the event of a attack.  She added that no further incidents had occurred since those which had been outlined.

            During discussion, several Members voiced concern in relation to the assaults and stressed the need to ensure that all Council staff were permitted to undertake their duties safely and without fear of attack.

            After further discussion, the Committee agreed that a letter be forwarded on its behalf to each of the officers who had been assaulted expressing its support and acknowledging the valuable work which they undertook in what was often the most difficult of circumstances.

            The Committee considered the undernoted report:

“Relevant Background Information

      The Pollution Prevention and Control (District Councils) Charging Scheme (Northern Ireland) 2010 Consultation Paper was issued by the Department of the Environment (DOE) in November 2009.  It invites views on proposals for a revised Pollution Prevention and Control (PPC) charging scheme for Part C installations (lower emission levels) and mobile plant. The scheme is made under Regulation 22 of The Pollution Prevention and Control Regulations (Northern Ireland) 2003 (‘the Regulations’).

      The revised scheme, namely, the PPC (District Councils) Charging Scheme (Northern Ireland) 2010, replaces The PPC (District Councils) Charging Scheme (Northern Ireland) 2007, and relates to the regulation of emissions into the air from industrial sources. The overall aim of the charging scheme is to provide full cost recovery for the regulation of prescribed installations in keeping with the Government’s polluter pays policy, thus preventing the burden falling on the taxpayer. Enforcement duties are carried out by Environmental Health Officers employed by district councils and the fees and charges payable to district councils have, in effect, not increased since 2005.

      The charging scheme relates to Part C installations with potentially low emission levels into the air, such as petrol stations, dry cleaners and activities including, for example, ceramic production, coating, printing and textile treatments.

      In March 2009, there were 623 council controlled processes in the whole of Northern Ireland, 39% of which were petrol stations, 16% relating to cement and 21% relating to activities using solvents such as dry cleaners. In Belfast, there are 88 Council controlled PPC installations.

Key Issues

      To summarise, the proposals contained in the new scheme seek to:

Increase existing fees by 7% to account for the increased costs of regulating this sector and also to introduce a fee for service stations operating Petrol Vapour Recovery (PVR) Stage I and Stage II. ‘Stage II petrol vapour recovery system’ means equipment aimed at recovering the petrol vapour displaced from the fuel tank of a motor vehicle during refuelling at a service station. This only applies to large service stations dispensing greater than 3.5 million litres of petrol per annum. This is in line with the charges applied in England and Wales.

·         Introduce a new ‘fee’ where a district council discovers a business operating without a permit. District councils occasionally inspect premises they suspect may need a permit and this fee would allow the council to recoup the costs of carrying out such inspections and also provide an additional financial incentive for businesses to ensure that they have a valid permit. Such a fee has been in place in England and Wales since 2007.

·         Move to a risk based charging scheme in 2011/2012. The scheme should generate the same revenue as the existing scheme but the burden of costs will be redistributed, with the greatest burden resting on the processes posing the greatest environmental risk. Again this is in line with the position in England and Wales  ...  view the full minutes text for item 7e

            The Committee considered the undernoted report:

“Relevant Background Information

      In November 2007, following a number of high profile dog attacks and concerns that existing legislation governing the control of dogs had not had the desired effect, the Minister of Agriculture and Rural Development announced a wide-ranging review of all aspects of dog control in Northern Ireland. As part of the review, the Minister met with a broad range of stakeholders, including Council officers, and has considered submissions from them. On 23rd November, 2009, the Department of Agriculture and Rural Development (DARD) subsequently published a consultation paper setting out proposals for changes to the legislation governing the control of dogs. Despite the wide-ranging nature of the review, the consultation does not cover dog fighting, dog breeding or dog fouling.  Dog fouling was a specific issue which this Committee has raised with the Minister on a number of occasions.

      The Minister claims that the review has highlighted a serious problem with dog attacks on people and is concerned that there is a real risk that a child or a vulnerable adult could be killed, seriously injured or disfigured. She is also concerned about the unacceptable number of stray dogs compared to the Republic of Ireland, England, Scotland or Wales. 

      The consultation document asks a number of specific questions relating to proposed changes to legislation.

      The Minister has proposed to:-

·         support responsible dog ownership through compulsory micro-chipping and a more robust and effective dog licensing regime;

·         focus on prevention through earlier intervention to reduce the number of dog attacks on people;

·         make it an offence to allow a dog to attack another dog; and

·         increase penalties for offences.

      The Minister also proposes to increase the licence fee to £12.50 to meet a greater proportion of the costs of dog warden services but with specific incentives for responsible dog owners and protection for the elderly and those on benefits. A copy of the consultation document can be obtained from:

www.dardni.gov.uk/.../consultations/...consultations/dog-control-consultation.htm

Key Issues

      The draft Council response to the Minister’s proposals is specified in the attached document and the key issues are summarised below:-

·         The consultation should address options related to dog fouling such as ‘having the means to lift and dispose of dog excrement while in control of a dog in a public place’;

·         The Council agrees that micro-chipping should be a compulsory condition of a dog licence, the cost of which should be borne by the dog owner;

·         The Council considers that DARD should manage, or regulate management of, a statutory micro-chipping data base;

·         The specification of control measures on licences for individual dogs would make enforcement difficult and resource intensive;

·         The Council agrees that the licence fee should be increased in line with inflation with protection and concessions for certain vulnerable groups;

·         In respect of dangerous dogs, DARD should not legislate by reference to breed but according to the likely degree of danger to the public;

·         The Council agrees that fixed penalties for no licence and  ...  view the full minutes text for item 7f

            The Committee considered the undernoted report:

“Relevant Background Information

      Both the Health and Environmental Services Committee and the Strategic Policy and Resources Committee have over the last year been informed of the intention to set up a joint working arrangement with the newly established Public Health Agency.  The purpose in so doing would be to collectively address the significant issues affecting the health and wellbeing of the people of the city and, in particular, to reduce the gap in life expectancy between the people living in more affluent areas and those in the most deprived neighbourhoods in the city.

      This work links directly to BelfastCity Council’s overall purpose, which is to improve quality of life now and for future generations.  The ‘health gap’ is not something which can be addressed by the Health Service alone as its causes relate to many other social, economic and environmental factors such as employment, education, housing, social inclusion, safe, clean and attractive neighbourhoods, access to leisure and recreation etc, as well as people’s lifestyles.

      Recognising the key role which it has to play, the Council has included the development of a healthier city as one of its key priorities under the Supporting People and Communities theme of the Corporate Plan.  The development of the Joint Unit will significantly enhance the Council’s ability to deliver on this priority and also help to set the direction for community planning in this area.

      Proposals for the establishment of formal joint working arrangements were first presented to the Strategic Policy and Resources Committee in January of last year, following a letter from the Minister for Health inviting expressions of interest from district councils willing to explore joint working arrangements.  At this time, the Council agreed to submit an expression of interest to host a joint team of staff from both the Agency and the Council. 

      Subsequently, the Health and Environmental Services Committee, at its meeting in September 2009, also agreed to allocate a proportion of the thematic funding for the Health and Wellbeing theme (available during 2009 /2010) to part fund a number of joint posts which would be located within this Unit.  These posts include a manager post for the Unit, jointly funded with the Public Health Agency and 2 Project Officer Posts, jointly funded with the Health and Social Care Trust.  In addition to these jointly funded posts, it is also proposed that a number of existing Council and Public Health Agency staff will be co-located within the joint unit. 

On the Council side, the staff which would move to the joint unit would be from the Health and Wellbeing Team.  This includes 2 Environmental Health Officers, and potentially 2 other posts currently the subject of a BIS review carried out in 2008 and reported to the Health and Environmental Services Committee in June, 2008.    The recommendations in respect of this element of the review were that two EHO posts should be deleted from the pool of EHOs which currently exists within the Environmental  ...  view the full minutes text for item 7g

            The Committee was reminded that, at its meeting on 4th November, it had considered a report providing an update on significant flooding events which had occurred during the second half of the year which, on two occasions, had led to significant out-of-sewer flooding, resulting in extensive sewage contamination of residential streets.

            The Head of Environmental Health informed the Members that the report had emphasised the importance of establishing a multi-agency approach to develop plans to minimise the risk of flooding in the City and had highlighted, in particular, the work which had been undertaken by RPS Consulting Engineers, to map the main flooding hotspots in the City and to identify short and long-term preventative measures which could be put in place.  She reported that this work had now been completed and that the findings had been forwarded to the Rivers Agency which acted as the “competent authority” for the purposes of implementing the requirements of the European Floods Directive.  The findings had been used also as a basis for discussions with other agencies with responsibility for flooding responses, such as Northern Ireland Water and the Roads Service, both of which had been provided with maps highlighting the various flooding hotspots in the City.  The maps had been used to assist the Council’s Emergency Team to identify hotspots where multi-agency co-ordination was required in order to reduce the risk of flooding and had been used also as the basis of discussions with local Elected Representatives who would, in future, be advised by way of a texting service of severe weather warnings when flooding was a real possibility.

            The Head of Environmental Health reported that the Rivers Agency had, under the provision of the new European Floods Directive, been tasked in association with other agencies, with developing strategic flood risk management plans, initially for the Belfast area.  In order to progress the matter, the Agency, together with the Department for Agriculture and Rural Development, had attempted to establish a Stakeholder Group involving all of the relevant key agency staff.  She pointed out that the Water Environment (Floods Directive) Regulations (Northern Ireland) 2009 placed a statutory duty on Northern Ireland Assembly Departments, District Councils and Northern Ireland Water to exercise the relevant functions in a manner which secured compliance with the European Floods Directive.  As such, the Rivers Agency had been charged with developing by 2015 the Flood Risk Management Sub-Plan for Belfast.

            She informed the Members that she, together with the Director of Health and Environmental Services, had on 3rd December met with the Chief Executive of the Rivers Agency in order to discuss the establishment of a Belfast Flood Risk Stakeholder Forum.  She pointed out that the establishment of such a Forum would assist with the development of the aforementioned flood plan and provide an effective mechanism for ensuring the facilitation of public participation, as required by the European Floods Directive.  Following the meeting, the Chief Executive of the Rivers Agency had invited the Council to confirm its  ...  view the full minutes text for item 7h