Agenda and minutes

            Apologies for inability to attend were reported from Councillors Attwood, Crozier, Maginness, Rodway and Smyth.

            The minutes of the meeting of 6th February were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 12th February.

To receive a presentation from Mr William Mckee, Belfast Health and Social Care Trust, Update on “New Directions”

            The Committee was informed that Mr. W. McKee, Chief Executive, and Ms. D. Stockman, Director of Planning and Redevelopment, Belfast Health and Social Care Trust, were in attendance to provide an update on the Trust’s New Directions document, which outlined the future delivery of health and social care services in Belfast.  The deputation was admitted to the meeting and welcomed by the Chairman (Councillor D. Dodds).

            Mr. McKee outlined the background to the establishment of the new Belfast Health and Social Care Trust which had been formed as a result of the recommendations arising from the Review of Public Administration.  He explained that the Trust employed almost 22,000 staff, provided services for more than 340,000 people in Belfast and regional services to the whole of Northern Ireland and had an annual budget of approximately £1 billion.   He commented on the capitation formula and the fact that it did not take account fully of the extent of deprivation in the City and the poor effect this had on health.  He stated that in August, 2008 the Trust had published a consultation document entitled “New Directions: A Conversation on the Future Delivery of Health and Social Care Services in Belfast”, the aim of which was to commence a process of examining how it would deliver its services in the future.

            Ms. Stockman provided an overview of the New Directions document, the associated consultation process, a summary of the responses which had been received and the consequent Trust actions.  In addition to the responses which had been received in relation to the specific questions which had been raised in the consultation document, a number of other themes had emerged.  These had included, inter-alia, the current financial challenges which the Trust faced as a result of the Comprehensive Spending Review, the need to distinguish between those local services provided by the Trust for the people of Belfast and those which were provided within the Trust area on a regional basis, as well as the fact that the reconfiguration of services must not be based solely on financial pressures but must be clinically-led and evidence-based.

            She then highlighted the general and specific recommendations and the next steps which would be taken by the Trust as a result of the review.  The Trust had indicated that it would consult on each key proposal for change to the necessary extent in keeping with its commitment to engage with staff, service users and the general public.  It would also, in the near future, consult in detail upon its plans for mental health services and for unscheduled care, including accident and emergency services.  A second version of the New Directions document would be produced in due course and it was proposed that the document be reviewed bi-annually and a similar document be produced outlining the strategic directions for services in two years time. 

            The deputation then answered a number of questions from the Members in relation to several issues, including the capitation formula, accident  ...  view the full minutes text for item 2a

            The Committee was advised that correspondence had been received from the Mayor of Dungannon and South Tyrone Borough Council seeking support for conductive education for children with cerebral palsy and, in particular, the ongoing funding crisis experienced by the Buddy Bear Trust School, located in Dungannon, which was the only educational establishment in Northern Ireland currently delivering that type of education.

            A commitment had been sought from Councils to a number of actions including:

·         influencing their Members nominated to Education and Library Boards to raise the profile of conductive education and the need to have adequate funding in place;

·         the signing of a petition to Government to provide leadership and direction in that area; and

·         representation on a delegation to meet with the Ministers of the Office of First and Deputy First Minister and the Minister of Education to seek appropriate solutions to the problems.

            The Head of Committee and Members Services explained that, whilst the Council would be sympathetic to the needs of children with a disability and the rights of parents to be able to access a range of educational options for their children, it was ultimately a function of Regional Government.  He pointed out that the First and Deputy First Minister were considering currently recommendations which had been made by the Assembly commending conductive education, including financial assistance and support.  In addition, given the vast number and range of very deserving charitable organisations and worthy causes in Belfast and Northern Ireland as a whole, the Council must exercise discretion as to the support it was able to provide to such organisations and for that reason had a policy on the provision of assistance to non?profit making groups.  Accordingly, it was recommended that the Committee agree to write to the Mayor of Dungannon and South Tyrone to explain that, for the reasons outlined, the Council would be unable to commit to the actions requested by him.

            The Committee adopted the recommendation but made the point that the Council was supportive of conductive education in general and would encourage all Members of the Council to raise awareness of the benefits of conductive education and would call on the Office of the First and Deputy First Minister to bring forward as a matter of urgency recommendations for the delivery of conductive education, including financial and physical resources.

            The Committee considered the undernoted report providing an update in relation to the Review of Public Administration in so far as it related to the Transition Committee:

“1.0      Relevant Background Information

1.1       Members will recall that the Committee agreed, at its meeting on 14th November 2008, that a letter be sent to the Environment Minister, Sammy Wilson, and relevant Central Government officials outlining the proposition that the Strategic Policy and Resources Committee be designated as the Council’s RPA Transition Committee, that the Committee comprises of 20 elected Members appointed on the basis of proportionality using D’Hondt and that an additional monthly meeting of the Committee has been designated for the purpose of RPA transition and associated change management issues. 

1.2       This decision had been ratified by Council at its meeting on 1st December 2008 and a letter had been issued to the Department of the Environment (DoE) on that basis.

1.3       Subsequently, the Chief Executive has received correspondence from the DoE, dated 2nd February 2009, confirming the Environment Minister’s agreement for the Strategic Policy and Resources (SP&R) Committee to act as the Council’s Transition Committee and for the Transition Committee to consist of 20 members.

2.0       Key Issues

2.1       The primary role of the Transition Committee will be to provide overall political direction and to take the necessary decisions to ensure a coherent and co-ordinated approach is taken by the Council in moving forward in the RPA transition (implementation) process. 

2.2       The Review of Public Administration (RPA) process is now entering into the critical stage of implementation whereby primary legislation is being drafted, implementation structures established and active consideration being given to the transitional arrangements to be put in place to support local government reform within Northern Ireland together with ongoing transfer of functions issues. 

2.3       Inevitably, the level of RPA related activity will grow in intensity and scope as we move forward with implementation and the programme of work to be taken forward by the Council’s Transition Committee will evolve within this process.  It will be important that we make a distinction between the business to be discussed by the RPA Transition Committee and the normal business of the SP&R Committee.

2.4       Accordingly, with effect from March 2009 that any items of a transitional nature will be earmarked as transition items and will be minuted under a Transition Committee heading.

2.5       As time goes on, it might be that the amount of business which the Transition Committee will be required to conduct will be such that it will be necessary for a whole meeting to be dedicated to transitional business.

2.6       If the Committee were minded to accept this proposal it would provide the greatest flexibility in ordering the business of the SP&R and Transition Committee over the next 12 months.  Clearly there will be a need for some flexibility to be built into this process to ensure that important issues can be addressed in a timely matter as they emerge.

2.7       It order to formally  ...  view the full minutes text for item 3a

            The Committee considered the undernoted report:

“Purpose of the Report

      To set out the work programme of the Strategic Policy and Resources Committee over the next two months and outline some of the key issues to be addressed.

Key Issues

      The Standing Orders of the Council set out the main purposes of the Strategic Policy and Resources Committee and these can be summarised as follows:

1.      Co-ordination and creation of policy (Corporate Plan).

2.      Creation and control of the Council’s programme of prioritised activities (Corporate Plan).

3.      Referee and controller of the Council’s major resource allocation processes (Revenue Budget and capital programme).

4.      Direct service responsibility for corporate functions such as Finance, Audit Governance and Risk, Human Resources, Communication, ISB, Legal Services and asset management, including land and property.

5.      Performance Management

6.      The rules of engagement (standing orders and financial regulations)

7.      Transition Committee for RPA

      Co-ordination and creation of policy

      Essentially, the Committee has responsibility for setting the overall direction of travel for the organisation as a whole. This is an acceptance that the Council is greater than an amalgam of services and needs to have a broader strategic framework within which to operate. The essential parts of this framework are the vision, mission and values for the organisation. These have already been agreed by the Council as part of the corporate planning process.

      As part of the corporate plan, the Council has also agreed a  set of strategic priorities which are :

·         The local economy

·         The environment

·         Better support for people and communities

·         Better Services

·         Better leadership

·         Better value for money

      These strategic priorities will require policy and strategy development which will be cross-cutting in nature as they will impact on more than one service or department in terms of service delivery and resources. A separate report, which is on today’s agenda, will recommend a policy framework which will help support the Committee ensure that there is a more robust and consistent approach to developing policy and strategy in the Council.

Creation and control of the Council’s programme

of prioritised activities

      The objectives and priorities of the Council as agreed in the corporate plan cover a three year period. One of the key roles of the Strategic Policy and Resources Committee is to agree the shorter term priorities for the forthcoming year. These priorities are then incorporated into the service and departments business plans.

      The Strategic Policy and Resources Committee will be requested to agree the priority actions for 2009/10 at its second meeting in April.

      Members should also note that for the first time the Council has created a corporate thematic priorities budget. The Strategic Policy and Resources Committee will be required to decide on the allocation of this budget for 2009/10 at its second meeting in April.

      Resource Allocation

      One of the key roles of the Strategic Policy and Resources Committee is to recommend to Council the level of revenue and capital resources which will be available to spend in a given year and  ...  view the full minutes text for item 4a

            The Committee considered the undernoted report in relation to a Policy Framework:

“Context and Relevant Background Information

      Members have previously agreed a number of corporate frameworks that had been developed to support the implementation and management of the Council’s corporate plan 2008 – 2011.   These cover key internal processes including finance, performance, human resources, information management and assurance.  The purpose of this report is to present for approval the Policy Framework. 

Key issues

      A robust policy framework is critical to effective corporate governance, as it is through policy and strategy that the Council translates its vision and purpose into actions.  Policy decisions must be appropriate to need, reflect resource constraints and organisational capacity, and be informed by a sound evidence base.  The policy framework, therefore, seeks to formalise and strengthen the governance and skills sets necessary for effective policy?making.  It is a key corporate and management process and is essential to achieving a joined-up, ‘one-Council’ approach where decisions are aligned to corporate priorities and deliver efficient, effective outcomes which assures the best use of limited resources. 

      Current Situation

      The Council’s Standing Orders state that Strategic Policy and Resources shall be the Council’s main instrument of policy and is responsible for setting the strategic direction of the Council and its corporate priorities through the development of a Corporate Plan.

      Obviously much of the policy making in the Council is quite properly devolved to departments and their service committees.  This is right and proper and should continue.  However the current financial climate and the drive to integrate service delivery across the organisation for the benefit of the citizen require the resource and implementation consequences of major policies to be considered by Strategic Policy and Resources.  This will allow the Committee to ensure that the use of resources is maximised, activities are co-ordinated, key implementation issues are addressed and performance maintained.  A policy framework, which includes a central coordination function, has therefore been developed to improve strategic integration, determine resource consequences and allow joined-up planning and delivery and is attached at appendix 1. 

      Aims of the Policy Framework

      The purpose of the policy framework is to improve coordination and to support a more robust and consistent approach to developing policy and strategy.  The Framework is deigned to: 

·         Clarify roles, responsibilities and requirements in relation to all levels of policy and strategy

·         Provide a systematic, evidence-based approach to policy making, ultimately leading to better decisions

·         Provide structured support and challenge where applicable

·         Improve internal coordination and alignment between strategy, policy and implementation

·         Improve resource management

·         Improve the monitoring and accountability of Council policy and strategy

      The key stages in the policy framework are set out overleaf.

The Policy Framework

            The Committee was informed that the undernoted requests for the use of the City Hall and the provision of hospitality had been received:

            The Committee adopted the recommendations.

            It was reported that, in accordance with Standing Order 55 and the authority delegated to him, the Director of Corporate Services had authorised the appointment of a member of staff who was related to an existing officer of the Council.

            The Committee noted the appointment.

            The Committee was reminded that the refurbishment of the City Hall would be completed during the summer and detailed plans were being worked up currently for the decanting of Members and staff back into the building and the consequent knock-on effects on other Council buildings.  The Council had staff in a number of City Centre offices, some of which were owned by the Council and others which were leased.  The general planning approach was to reduce the number of buildings held by the Council and the reopening of the City Hall offered an opportunity to move that approach a step further.  However, there remained a number of uncertainties in so far as the Council was due to consider a major review of the centre of the organisation and, whilst the Review of Public Administration was moving forward rapidly, it would probably be the end of 2009 or early 2010, before there would be clarification on the number of staff transferring and any additional assets which would be made available.  In addition, property was a form of asset which took time to rent, buy or sell or to terminate leases.

            In 2008, the Council had closed leases on a property in Callendar Street and on the Scottish AmicableBuilding.  With the reopening of the City Hall, the opportunity existed to close a lease on the Linenhall Exchange and to vacate one of the Council?owned buildings, Seymour House in Gloucester Street, thus creating a potential asset for disposal.  The Committee was reminded that it had agreed already to the services which would return to the City Hall.  The vacant space created in Adelaide Exchange would be occupied by the Business Improvement Service, which was located currently in the Linenhall Exchange.  In addition, the Human Resources Section, which the Committee had agreed to merge with the Business Improvement Service, could be moved also to Adelaide Exchange, together with the Audit, Governance and Risk Services Unit.

            The Director of Improvement explained that by moving the Human Resources Section from the Cecil Ward Building there would be some reduction in the overcrowding which had been apparent in that building for a number of years and it would create an opportunity for a number of staff of the Parks and Leisure Services Department, who were based in buildings in the Council’s Parks, to move to the Cecil Ward Building where the majority of staff of that Department were located.  That would mean that the Cecil WardBuilding would contain the Development Department, the Parks and Leisure Services Department and approximately half of the Health and Environmental Services Department (the Building Control and Cleansing Sections would remain in Lanyon Place since they had moved only recently).  The main ISB building in Gloucester Street would continue to be operational, although it would be an overall aim to free up that asset also.

            The Director stated that, given the numbers of staff involved in each Section and the uncertainty surrounding the future shape of the organisation,  ...  view the full minutes text for item 7a

            The Committee was reminded that, at its meeting on 13th June, 2008, it had agreed that the committed projects included in the Capital Programme would be progressed.  Subsequently, at its meeting on 21st November, it had approved a number of additional schemes as committed projects.  However, the Committee had been critical of the processes which surrounded the prioritisation and financing of the Programme and had requested that those be addressed.

            The Director of Improvement reported that a substantial amount of work had been completed in that regard and it was intended that a report on the 2009/2010 and Future Capital Programme would be submitted to the Committee for consideration during March or April.  In the meantime however there were three outstanding decisions which were required to be taken on projects in the 2008/2009 Programme and the Committee’s direction was being sought thereon:

            Landfill Gas Collection and Drainage Works

            The Committee was advised that the Health and Environmental Services Committee, at its meeting on 7th May, 2008, had approved the invitation of tenders for gas collection and drainage works on the site conditioning area at the Dargan Road Landfill Site.  The approximate cost of the tender had been estimated at £875,000.  Tenders had subsequently been invited and, following evaluation in accordance with the Council’s Procurement Procedure, the most economically advantageous tender had been identified as that submitted by TAL Civil Engineering Contracts, in the sum of £947,708.25, which was £72,708.23 (8.3%) above the approved budget.  However, although approval to award the tender had been granted at that time, Financial Regulation D9 required that any increase in capital expenditure in excess of 10% or £50,000 required approval of the Strategic Policy and Resources Committee.  Subsequent to the approval of the budget for the work, the estimates for capital expenditure during 2009/2010 had been increased for the anticipated tender price inflation and accordingly the amount which had been included in the overall Closure Plan was now £945,000.

            The Committee approved the additional expenditure associated with the gas collection and drainage works at the Dargan Road Landfill Site, approved the acceptance of the most economically advantageous tender, that submitted by TAL Civil Engineering Contractors, in the sum of £947,708.25, subject the completion of form of contract, and approved the submission of an application to the Department of the Environment to the sanction of the raising of a loan associated with the expenditure.

            The Committee was advised that the procurement of the tender for the resurfacing of the Ballysillan football pitch had been deferred for several months during 2008 due to difficulties in obtaining from adjacent leaseholders an agreement for the necessary access, but the contract was now ready to go on site.  However, during the intervening period, Council officers had been approached by developers suggesting a scheme for residential and retail development at Ballysillan, which already had some retail space, which could be maximised by using the land currently occupied by the football pitch, which was due to be resurfaced.  The developers had been lobbying a number of politicians and, therefore, officers had thought it prudent to ascertain the Committee’s view on whether or not to proceed with the pitch resurfacing in light of that potential development.  It was pointed out that the proposed development could proceed at a lesser scale even if the pitch were to be reinstated.  Any development was speculative at this point and would be subject to community consultation, planning and land disposal negotiations.

            The Committee agreed to proceed with the refurbishment of the replacement synthetic pitch at the Ballysillan Leisure Centre and approved the submission of an application to the Department of the Environment for the raising of a loan sanction, if required.

            The Committee was reminded that, at its meeting on 22nd February, 2008, it had deferred consideration of the replacement of the Duncrue Complex Fuel Storage Facilities and associated infrastructure works to enable a report on the possibility of the capital costs for the scheme being met by a private sector operator under a franchise agreement for the purchase of fuel.  Following public advertisement, only one expression of interest had been received for providing and operating a facility.  However, the submission had been incomplete and there had been no response to requests for further information.  A detailed appraisal of the various options had then been undertaken and it was recommended that the Council proceed with the provision and operation of the replacement fuel facility on an “in-house” basis.

            The Committee adopted the recommendation, approved the invitation and award of the most economically advantageous tender based on pre-agreed cost and quality criteria and granted approval for an application to be submitted to the Department of the Environment for sanction to the raising of a loan for the expenditure associated with the project.

            (Ms. H. Francey, Good Relations Manager, attended in connection with this item.)

            In considering the minutes of the meeting of the Good Relations Partnership of 13th February, the Committee’s attention was drawn to the decision under the heading “Forum for Cities in Transition”.  A copy of the minute in that regard is set out hereunder:

      “The Partnership was advised that correspondence had been received from Professor P. O’Malley informing the Council of a new initiative which was seeking to provide cities experiencing conflict or its aftermath with learning opportunities through the sharing of practical experiences and case studies from other cities in transition in dealing with practical problems of housing, construction, economic development, tourism, transport, joint planning, local services and the generation of a positive image for the future.

      The cities which had been identified for participation included Beirut (Lebanon), Belfast, Brussels (Belgium), Kirkuk (Iraq), Mitrovica (Kosovo/Serbia) and Nicosica (Cyprus).  An intensive three-day workshop had been planned to be held between the 14th and 16th April in Boston, Massachusetts and Belfast had been invited to nominate four representatives to attend the event.  The purpose of the sessions would be to learn the lessons from each other, to draw parallels where appropriate and to discuss the feasibility of establishing a Forum for Cities in Transition.  Professor O’Malley stated that to date, five other cities had agreed to participate and the nominated delegates had been invited to draw up the agenda for the workshops.  He pointed out that expenses for attendance, including transportation and accommodation would be provided from non-governmental, academic and charitable resources.  However, subsequent programmes might emerge, the details and the funding for which would be agreed by the participants at the event to be held in Boston in April.

      The Chairman indicated that she was of the view that the proposed Forum might be a good idea in principle, however, there would need to be greater clarity around the proposed programme and its prospective benefits to enable the Council to make a decision regarding the value of Belfast’s participation.

      Several Members suggested that Belfast had a range of experiences, both good and bad, which should be shared with others and acknowledged the potential value which might be derived from attendance and networking at such an event.  However, some Members expressed significant reservations about the level of details available on which to base a formal decision.  Members indicated that information was required on a number of issues, including the need for full details of which cities had committed to participate and the proposed members of the delegations from each; the need for a detailed programme for the duration of the conference, including the general issues to be covered in each session and the formal contributions expected from Belfast and each of the other cities; the need for written confirmation to the Council of the proposed travel arrangements, accommodation and subsistence arrangements and the extent to which these and other necessary  ...  view the full minutes text for item 8a

            Subject to the foregoing amendment, the Committee approved the minutes of the Good Relations Partnership of 13th February and adopted the recommendations in relation to the following:

            Peace III Small Grants Update

            The approval of the instigation of a second call for Small Grants applications under the Peace III Small Grants Fund to commence on 23rd March, with a closing date of 27th April, with the remainder of the Small Grants Fund being allocated to that call.

            Good Relations Grant-Aid Fund –

            Current Financial Position

            The approval of the reopening of the Good Relations Grant-Aid Fund, the budget for which would be £350,000 for the financial year 2009/2010, with immediate effect, the maximum grant being £10,000 and to amendments being made to the assessment process.

            The Committee was advised that the Big Lottery was undertaking a consultation process which sought to frame a new lottery funding strategy for the period 2009-2015.  The Council had, to date, had direct involvement with the Big Lottery Fund through its support of the three landmark application projects submitted for the City in 2007.  Although the Council’s own Giants Park Project bid had been unsuccessful, the City was benefiting from the very significant £25 million lottery investment in the Connswater Community Greenway Project in which the Council was fully engaged.  The consultation exercise was structured around fifteen questions, ten of which were common to the United Kingdom and five of which were focused on Northern Ireland.  The deadline for the submission of responses was 27th February and the Committee was requested to approve the undernoted response:

“BelfastCity Council response to the Big Lottery Big Thinking Consultation

Introduction

      BelfastCity Council welcomes the opportunity to respond to the Big Lottery Fund Big Thinking Consultation.  BelfastCity Council is the largest local authority in NI with over 2,672 employees at 100 sites across the city and an annual expenditure of approximately £140M.  The council is responsible for providing and delivering an extensive range of services while playing a key role in improving the quality of life of our citizens by helping to make Belfast a better place to live in, work in and visit.

      BelfastCity Council’s response is based on its role as civic leader for the city of Belfast.  The council welcomes the funding support opportunities that the Big Lottery will offer through its imminent 2009-2015 strategy particularly in a strained economic environment for all sectors of the city and region.

      Belfast City Council has to date had a direct involvement in the Big Lottery Fund and was one of the short listed landmark applications in 2007 through its bid for the GiantsPark development.  Regretfully the bid was unsuccessful, however the city of Belfast is currently benefiting from a very significant £25M Big Lottery investment with respect to the Connswater Community Greenway project. 

      This project will greatly enhance the leisure, environmental and well being assets of this part of our city and it would not be possible without Big Lottery support particularly in the current economic climate.  BelfastCity Council endorses this and is grateful to the Big Lottery for this city development support. 

      Belfast City Council recognises the growing importance of the Big Lottery as an organisation that seeks to respond to local needs and really make a difference, particularly for large scale, high profile and iconic programmes. The Council endorses the mission, values and equality and additionality principles adopted by the Big Lottery.

Coordinated BelfastCity Council response

        UK 1.1

Do you agree that the theme of transitions provides a useful starting point for our funding?

Yes

No

No opinion

UK 1.2

Do you agree that the theme of isolation provides a useful starting point for our funding?

Yes

No

No opinion

UK  ...  view the full minutes text for item 9a

            The Committee considered the undernoted report:

“Relevant Background Information

      Purpose

      To bring to the attention of Members, a consultation by the by the Department of Health Social Services and Public Safety (the Department) on its proposals to amend the existing mental health legislation and to introduce a new mental capacity bill in line with recommendations made in the Bamford Review of Mental Health.  A draft high level response is also attached for consideration.

      Background

      Members have previously received consultation reports in relation to the Bamford Review – an independent review of the law, policy and service provision affecting people with a mental health problem or a learning disability.  Last summer the Northern Ireland Executive issued its response to the review, ‘Delivering the Bamford Vision’, which outlined the government’s long term vision and proposals for improving services for people with a mental health problem or a learning disability, and which also included a commitment to legislative reform.  This consultation document now sets out the Department’s proposals for the legislative reform, and in particular, proposals to amend the existing Mental Health (Northern Ireland) Order 1986 (the 1986 Order) and to introduce new mental capacity legislation.

      Key Issues - Summary of the Consultation

      The consultation provides an opportunity to provide comments in advance of formal draft legislation.  The document sets out:

(i)     the underlying principles upon which the legislation will be based;

(ii)    the key elements of the proposed mental capacity legislation; and,

(iii)   the key elements of and proposed amendments to the existing mental health legislation.

      Legislative Timeframe

      In response to feedback to Delivering the Bamford Vision, which indicated that respondents were unhappy with the proposed sequential approach to developing the legislation and the target date of 2014; the Department is now proposing a new harmonised ‘twin track’ approach whereby a new Mental Capacity Bill and either a modernised 1986 Order or a new Bill, if more appropriate, would be enacted in the same time-frame.  The Department is hoping to consult on the detailed content of the Bills, accompanied by explanatory notes and a regulatory impact assessment including an analysis of the implementation costs, in late 2009. Subject to Assembly approval (2010) and additional resources being made available from 2011 onwards, it is anticipated that both Bills will be enacted into law by April 2011, with commencement thereafter.

      Guiding Principles

      The Department has accepted the broad principles developed by the Bamford Review and is proposing that they be embedded in both the mental capacity and mental health legislation.  The central thrust of the principles is to safeguard the dignity and human rights of mental health service users.  In summary the principles are:

·         Autonomy – the right of the individual to decide and act on his or her own decisions (primary principle)

·         Justice – applying the law fairly and equally;

·         Benefit – promoting the health, welfare and safety of the person, whilst having regard to the safety of others; and

·         Least harm – acting in a way that minimises the  ...  view the full minutes text for item 9b

            The Committee considered the undernoted report in relation to a consultation exercise being undertaken by the Northern Ireland Authority for Utility Regulation:

“Relevant Background Information

Purpose

      To bring to the attention of Members, a consultation by the Northern Ireland Authority for Utility Regulation (the Utility Regulator) on its proposed Social Action Plan 2009 - 2014 and to present for approval a draft response to this consultation. 

Background

      The Utility Regulator is responsible for the regulation of gas, electricity and, more recently, water.  It has a statutory duty to protect utility customers and must have due regard for vulnerable customers.  It had previously produced a Social Action Plan in 2003 to help it to fulfil this obligation, but when it became responsible for water in 2007 the Utility Regulator felt that this unique cross-cutting remit provided a new opportunity to bring forward a co-ordinated strategy for the protection of vulnerable utility customers.  The Utility Regulator now wishes to consult on its new draft Social Action Plan.  The consultation document sets out its proposed future work and explains how it has interpreted its duty to protect utility customers and how it defined ‘vulnerable customers’.  However, as the Assembly has not yet made a decision on the introduction of water charges, the document focuses in the first instance on gas and electricity. 

Summary of the Consultation

Defining the Problem

      The legislation states that the Utility Regulator must have due regard for vulnerable customers, in particular those who are disabled or chronically sick, of pensionable age, on low income, or who live in rural areas.  However, the Utility Regulator is not limited to these groups and proposes to define a vulnerable utility customer as a household with one or more of the following characteristics:

·         Poor Health – household includes a chronically sick individual.

·         Disability – household includes an individual with a disability.

·         Ethnic Background – household does not include an adult with a sufficient grasp of English.

·         Financial Insecurity – household on a low income.

·         In addition, the utility Regulator identified two intensifiers i.e. factors which do not in themselves make utility customers vulnerable but when combined with the above characteristics, multiply vulnerability.  These are:

·         Age (elderly or under 16)  and Rurality

Protecting Vulnerable Customers – Special Services

      Standard gas and electricity licences contain special provisions for pensioners, chronically sick or disabled customers; the utility regulator is responsible for monitoring and ensuring compliance.  NI Water and NIE offer special priority reconnection and alternative supply services in the event of disruptions for people with specific medical needs, but there is currently no emergency critical care policies offered by the gas suppliers.  The Utility Regulator has requested feedback on what extent and for what type of condition emergency gas provision may be necessary.  In terms of special needs, the Utility Regulator has also highlighted the need for information to be provided in other languages (NIE is the only utility supplier that currently provides this service) and plans to investigate an appropriate way forward in this  ...  view the full minutes text for item 9c