Minutes - Armagh City, Banbridge and Craigavon

 MINUTES OF THE SERVICES COMMITTEE MEETING OF ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL DATE: 14 January 2015 TIME: 7.00 p.m. VENUE: The Council Chamber, Council Offices, The Palace Demesne, Armagh CHAIR: Councillor M Campbell VICE‐CHAIR: Councillor G Barr MEMBERS PRESENT: Councillors ‐ P Berry D Beattie M Cairns D Causby B Curran F Donnelly H Gamble E Ingram G Kennedy F Lennon J McCrum D McNally P Moutray M Tinsley G Wilson M Woods (19) APOLOGIES: S Haughey‐Grimley D McAlinden OFFICERS IN ATTENDANCE: R Wilson, Chief Executive E Kelly, Change Management Officer S O’Gorman, Strategic Director of Regeneration and Development, Armagh C Regan, Director of Leisure and Development, Banbridge O Murtagh, Director of Development, Craigavon D Lindsay, Director of Environmental Services, Banbridge L Crawford, Director of Environmental Services, Craigavon D McKee, Deputy Director of Operational Services, Armagh S Donaghy, Head of Environmental Health and Neighbourhood Services, Armagh A McClune, Head of Environmental Health, Craigavon M McNulty, Group Chief EHO, Southern Group Environmental Health Committee W Geary, Democratic Services Manager, Armagh Banbridge and Craigavon Council 1 C Kyle, Democratic Services, Armagh City and District Council Pamela Arthurs and Dette Hughes, East Border Region (EBR) Shane Campbell, Irish Central Borders Areas Network (ICBAN) 1.
APOLOGIES Apologies were received and accepted from Councillors S Haughey‐Grimley and D McAlinden 2.
DECLARATIONS OF INTEREST Agenda item 3, Presentation from Representatives of East Border Region (EBR) NOTED: that the following ABC Councillors were currently Members of the East Border Region (EBR):‐ Councillors Keating, McNally, Speers, Wilson, Gamble, Ingram, Hatch, Baxter, Causby, Nelson and Twyble. Agenda item 4, Presentation from Representatives of Irish Central Borders Area Network (ICBAN) NOTED: that Councillor M Campbell was currently a Member of the Irish Central Borders Area Network (ICBAN):‐ Agenda item 5, 5.7 Social Investment Fund NOTED: that Councillor Causby was acting secretary for one of the groups receiving funding. NOTED: that Councillor Wilson was associated with one of the groups receiving funding. Agenda item 7, 7.4 Future of SWAMP 2008 NOTED: that Councillor Causby was a member of SWAMP. (Ms Arthurs and Ms Hughes, East Border Region, joined the meeting at this juncture). 3.
PRESENTATION FROM REPRESENTATIVES OF THE EAST BORDER REGION The Chair welcomed Pamela Arthurs and Dette Hughes from East Border Region (EBR) to the meeting. 2 PREVIOUSLY CIRCULATED: copy of presentation. ALSO CIRCULATED: information packs in relation to EBR. Ms Arthurs took members through the presentation, elaborating briefly on the following:‐  Background  EBR contribution to ABC  Impact of EBR funded projects for ABC  EBR strategic direction  Future benefit to ABC Councillor Berry thanked Ms Arthurs for her very useful presentation, particularly for those members who did not sit on EBR. He referred to the six economic projects which had supported 180 small and micro businesses within the ABC area and asked if it would be possible to have a breakdown of these businesses over the three council areas. He also asked how EBR identified businesses that benefited and said it would be useful to see if rural towns were benefiting as much as larger towns. IN RESPONSE: Ms Arthurs said that while she did not have the figures to hand, this information could be easily compiled and sent out to Members. She advised that each project had a Steering Committee which had set targets to meet in terms of geographical spread, etc. and she could confidently say that there was no difference between rural and urban areas. Councillor Ingram thanked Ms Arthurs and Ms Hughes for their detailed presentation. As a committee member of EBR she congratulated them both and the rest of the staff for drawing down funding over the years and working so hard for all areas. (Ms Pamela Arthurs and Ms Dette Hughes retired from the meeting at this juncture). (Mr Shane Campbell, ICBAN, joined the meeting at this juncture). 4.
PRESENTATION FROM REPRESENTATIVES OF ICBAN The Chair welcomed Mr Campbell to the meeting. PREVIOUSLY CIRCULATED: copy of presentation. ALSO CIRCULATED: information pack in respect of ICBAN. Mr Campbell took members through the presentation, elaborating briefly on the following:‐ 3  Background  Work to date  Achievements  Future strategic direction  Council support  Anticipated benefits to ABC THANKS: were extended to Mr Campbell by Councillor Berry for his presentation. With regard to the stated £50 million of EU funding drawn down since 1995, Councillor Berry said that he would like to see a breakdown of where this funding was allocated, e.g. how much of this funding went to the Armagh area and how did the area benefit, also how much would the new ABC area benefit in the future. He said that Mr Campbell needed to convince them that staying with ICBAN would be beneficial to ABC. IN RESPONSE: Mr Campbell responded briefly to Councillor Berry. He said that ICBAN could not work at local levels because they would be in direct competition with local councils so the more Councils participated with ICBAN the more benefits they could achieve. He said that the £50 million of EU funding was only available at a regional level and would not have been available to local councils. With regard to Armagh specifically he said that approx. £2.5 million of EU funding had come directly to the Armagh area. He referred to Blackwater Regional Partnership, Armagh/Monaghan Digital Corridor, and Blackwater Catchment Scheme, which were key projects that Armagh Council would have benefited from over the years. Mr Campbell said that while it was impossible to say that the £50 million of EU funding had been carved up precisely between each Council, he stressed that they were totally impartial and their role was to support each Council. He said that they thrived from the active input from Councils so the more input a Council could give, the better. COMMENTED: by Councillor Berry that it was important for Councillors to be able to see the benefits in their areas. IN RESPONSE: to comments from Councillor Causby in relation to ‘investment’, Mr Campbell referred to the focus on key strategic priorities. He said that 47 strategic opportunities had been identified for cross border development in the region, but it was impossible to move forward with them all at the same time. Therefore, 8 priority areas had been identified through consultation with Chief Executives of Councils and the ICBAN Management Board and from this, 8 new regional projects and initiatives had been drawn up which were being driven forward. COMMENTED: by Councillor Causby that following the presentation by EBR, some projects referred to by Mr Campbell were also being covered by EBR, so why should they be funding both groups. IN RESPONSE: Mr Campbell referred to their working relationship with EBR and said that they tried to ensure that there was no duplication in terms of the projects 4 undertaken. He said that while some projects may look similar initially, when you got down into the detail of the projects they were quite different. The Chair thanked Mr Campbell for his presentation. (Mr Shane Campbell, ICBAN, retired from the meeting at this juncture). 5.
REGENERATION AND DEVELOPMENT PREVIOUSLY CIRCULATED: copy report SS‐15‐01 5.1 Presentations from East Border Region and ICBAN The Chief Executive referred to the report presented at the December meeting when it was recommended that the Council should continue with membership of both organisations for a further 12 month period. He said that he would be keen, when a director was appointed for this particular area, that membership of these bodies would be reviewed again. He therefore suggested that the Council should continue with membership of EBR and ICBAN for a further 12 month period following which it would be reviewed again. RECOMMENDED: on the proposal of Councillor Berry, seconded by Councillor Kennedy, that the Council should continue with membership of EBR and ICBAN for a further 12 month period during which it would be reviewed again. 5.2 Request from Clanrye Group Re: ESF Application The Director of Development (Craigavon) referred to the report and briefly outlined the background and detail of this matter. Whilst it was recommended that a letter of support should be provided to the Clanrye Group in relation to its application to the ESF, she said it was also recommended that the Clanrye Group be advised that if their application was successful there may be difficulties in considering match funding as a process of calls to consider match funding from other eligible groups had not been established in relation to the ESF programme. CLARIFICATION: was sought by Councillor Causby regarding the difference between this request from the Clanrye Group and the request referred to in report item 5.5 from Southern Regional College, where match funding was being recommended for approval in principle. IN RESPONSE: the Director of Leisure and Development (Banbridge) referred to the Council’s draft Regeneration and Development Strategy which had identified Southern Regional College as a Strategic Partner of the Council and the application from SRC entitled RISE (Road to Improving Skills and Employment) was fully cognisant with the emerging themes from the draft strategy as skills was a key area. 5 COMMENTED: by Councillor McNally that if the Clanrye Group came back looking for financial assistance, he would like to see more detailed information regarding their project. RECOMMENDED: on the proposal of Councillor Causby, seconded by Councillor McNally ‐  that a letter of support should be provided to the Clanrye Group in relation to the application to the ESF.  that the Clanrye Group be advised that if their application was successful there may be difficulties in considering match funding as a process of calls to consider match funding from other eligible groups had not been established in relation to the ESF programme. (Councillor Moutray left the meeting temporarily at 8.09 pm). 5.3 European Social Fund Applications The Director of Leisure and Development (Banbridge) referred to the report and briefly outlined the background and detail of the proposed ESF applications in respect of two RESTORE projects. She elaborated briefly on what was involved with RESTORE projects, such as, providing training and employment opportunities for unemployed people and those with social needs; providing good quality, low cost furniture and appliances which would otherwise have been disposed of; and helping the environment through the recycling and reuse of furniture and equipment. The Director of Leisure and Development referred to an existing RESTORE project in the Banbridge area and suggested that it might be useful to arrange a site visit for members who were unfamiliar with RESTORE projects and the work carried out. BY WAY OF CLARIFICATION: the Director of Leisure and Development advised that a mistake had been made in the figures in respect of the total cost of Project One on page 6 of the report. The figure of £555,805 should be £554,805. This was replicated in Appendix 2 where the figure of £555,805 should also be £554,805 and the figure of £855,805 should be £853,548. (Councillor Moutray re‐joined the meeting at 8.13 pm). Councillor Curran expressed his full support for the RESTORE programme and welcomed the Director’s suggestion of a site visit. With regard to the ongoing project in Banbridge, he said the project eased poverty within the district and helped with their recycling targets as well as making savings due to a reduction in the amount of waste going to landfill. Councillor Gamble said that Members from Banbridge Council area felt very strongly about the benefits of the RESTORE project. She said it was a fantastic project which 6 produced high quality finished products, and it was great to see the impact it had on the young people involved. A number of Members expressed an interest in visiting the project in Banbridge. The Chair suggested that an invitation should be extended to all Councillors. RECOMMENDED: on the proposal of Councillor Curran, seconded by Councillor Gamble ‐  that the Council supports the submission of the two European Social Fund Applications and that they should be assessed by DEL/ESF with further updates provided to the Services Committee  that a site visit should be arranged for all Councillors to the RESTORE project in Banbridge 5.4 Proposed Response to Consultation Document Re: Appointment of Independent Members to the Northern Ireland Policing Board The Director of Leisure and Development (Banbridge) referred to the report and briefly outlined the background and detail of the proposed response to the consultation document in relation to the proposed new arrangements for the appointment of independent members to the Northern Ireland Policing Board. Councillor Curran expressed his total disagreement to the proposal by the Minister of Justice to change the appointment of independent members to the Policing Board to a rolling appointments model, whereby every year three independent members would be appointed or re‐appointed. He said it was a crazy suggestion and he did not understand the thinking behind it. He suggested that it would be more sensible for the Minister of use his authority to extend the current four‐year term model to 2016 so that it would be in sync with the appointment of political members. COMMENTED: by Councillor Causby that Councillor Curran was not comparing ‘like for like’. He suggested that it would be better for individual parties to go away and consider their own response to the consultation document for submission to the Department of Justice. Councillor Curran said he was happy to support this suggestion. RECOMMENDED: on the proposal of Councillor Causby, seconded by Councillor Curran, that each political party should submit its own response to the consultation document to the Department of Justice before 30 January 2015 and that no response be submitted by the Shadow Council. 7 5.5 European Social Fund Application – Southern Regional College The Strategic Director of Regeneration and Development (Armagh) referred to the report and briefly outlined the background and detail of this matter which had already been discussed earlier in the meeting during discussion in relation to a request from the Clanrye Group. The Strategic Director explained that the request had been received just before Christmas and due to the very tight timescale involved with a closing date of 9 January 2015, officers had proceeded to issue a letter of support to SRC endorsing the approach proposed in the application and indicating that the new Council would look favourably on providing match funding to the programme in years 2 and 3, subject to the application being successful. She reiterated that the application was fully cognisant with the emerging themes from the draft Regeneration and Development Strategy. (Councillor Woods left the meeting temporarily at 8.25 pm). COMMENTED: by Councillor Causby that while he was happy that the letter of support had been provided, he would have liked to have seen it in advance. With regard to the statement that the Council would “look favourably on providing match funding”, he said he felt that they should be more cautious and he would like to know exactly how much the Council was being expected to provide. The Director of Leisure and Development (Banbridge) stressed that they were not committed to providing a specific amount of funding, and this would be a matter for the Council to decide upon. (Councillor Woods re‐joined the meeting at 8.28 pm). (Councillor Tinsley left the meeting temporarily at 8.28). The Chief Executive referred to the letter of support and in particular the last sentence which read “I am sure you will appreciate that I cannot give any guarantees until the matter is fully considered by the Council.” WITH REGARD: to the letter of support going out without Members’ prior approval, and whilst appreciating the tight timeframe, the Chair suggested that in future consideration should be given to consulting with party leaders or something. The Chief Executive took on board this suggestion. RECOMMENDED: that Members note the application and letter of support provided by ABC Council and that the Council agree in principle to providing match funding to the programme in years 2 and 3, subject to the application being successful. A further report to be brought back on the matter. (Councillor Tinsley re‐joined the meeting at 8.32 pm). 8 5.6 5.7 Regeneration Bill RECOMMENDED: that the report be noted. Social Investment Fund BY WAY OF UPDATE: the Director of Leisure and Development (Banbridge) advised that the letter of offer had now been signed in respect of the first two of four capital projects under the Social Investment Fund. NOTED. (The Strategic Director of Regeneration and Development (Armagh) and the Director of Development (Craigavon) left the meeting at 8.38 pm). (Councillor Gamble left the meeting temporarily at 8.38 pm). 6. LEISURE SERVICES OVERVIEW PREVIOUSLY CIRCULATED: copy report SS‐15‐02. The Director of Leisure and Development (Banbridge) took members through the report as follows ‐ 6.1 Letter of Offer – Active Communities Programme 2015/16 The Director of Leisure and Development (Banbridge) referred to the report and briefly outlined the background and detail of this matter. (Councillor Gamble re‐joined the meeting at 8.40 pm). IN RESPONSE: to an enquiry from Councillor Barr, the Director of Leisure and Development (Banbridge) advised that the funding from Sports NI would pay for the 9 full time multi‐sports coaches to deliver the Active Communities programme for the next year. The coaches were employed and based in Craigavon, but delivered a range of activities across all 3 council areas. RECOMMENDED: on the proposal of Councillor Moutray, seconded by Councillor Barr, that  Members accept the offer from Sport NI for £291,739 to deliver Active Communities across the Armagh, Banbridge and Craigavon areas, in the 2015/16 financial year. 9 
That the Active Communities Coaches’ employment contracts should be extended in line with the funding from 1 April 2015 until 31 March 2016 with a possible extension subject to future funding. (The Director of Leisure and Development (Banbridge) retired from the meeting at 8.42 pm). The following officers joined the meeting at 8.43 pm – The Deputy Director of Operational Services (Armagh), the Director of Environmental Services (Banbridge), the Director of Environmental Services (Craigavon), the Head of Environmental Health and Neighbourhood Services (Armagh), the Head of Environmental Health (Craigavon), and the Group Chief EHO (Southern Group) (Councillor Curran left the meeting temporarily at 8.45 pm). 7. ENVIRONMENTAL SERVICES REPORT PREVIOUSLY CIRCULATED: copy report SS‐15‐03 The Director of Environmental Services (Banbridge) took Members through the report, elaborating briefly on the main points. 7.1 Proposed Fees for Goods and Services Associated with Waste Management and Municipal Cemetery Functions The Director of Environmental Services (Banbridge) referred to the report and briefly outlined the proposed fees for goods and services associated with waste management and municipal cemetery functions, as detailed in Appendix 1 to report SS‐15‐03, to apply across the new Council area with effect from 1 April 2015. (Councillor Curran re‐joined the meeting at 8.47 pm). Waste Management CONCERN: was expressed by Councillor Gamble regarding the proposed levels for the bulky collection service, with a maximum of 6 bulky items being collected for residents and 3 items for non‐residents, a maximum of twice per year. IN RESPONSE: to an enquiry from Councillor Moutray, the Director of Environmental Services (Banbridge) advised that there was a charge for the delivery of both household bins and recycling bins, but no charge if they were collected from the depot. He also confirmed that with regard to placement bin charges, these were the same for both residual waste bins and recycling bins. 10 IN RESPONSE: to an enquiry from Councillor Berry, the Director of Environmental Services (Banbridge) advised that if a bin was damaged by council staff during collection then it would be replaced at no cost to the customer. Municipal Cemeteries CONCERN: was expressed by Councillor Berry regarding the possible introduction of an annual plot maintenance fee in respect of municipal cemeteries which had recently been introduced by Craigavon Council. He said that he would like further discussion to take place on this matter as it was a very sensitive issue. Councillor Donnelly agreed that the subject of burials was a very emotive subject. She referred to the burial cost in respect of children under 2 years old and suggested that the minimum cost should be applied in this case. ENQUIRED: by Councillor Curran if officers had looked at the costs associated with church cemeteries which he suggested could be higher. IN RESPONSE: the Director of Environmental Services (Banbridge) advised that they had looked at a range of issues when considering the proposed charges, but had taken a fairly simplified approach in order to have it in place by 1 April. It was anticipated that members would wish to review this matter after 1 April and examine some of the issues associated with the charges in greater detail. IN RESPONSE: to a suggestion from Councillor Wilson, the Director of Environmental Services (Banbridge) felt that it would be difficult to incorporate an annual maintenance fee into some of the other costs. COMMENTED: by Councillor Causby that this matter needed further consideration and suggested that a small sub group could meet 30 minutes prior to the next Committee meeting in order to move this matter forward. The Chair suggested that the Director of Environmental Services (Banbridge) could take on board the comments made by members and bring back an amended report to the next meeting. STATED: by Councillor Causby that his Party would not be happy to agree to the list of charges as presented. He said that they still had a number of queries around the bins and commercial waste charges, etc. The Chair suggested that Councillor Causby could feed through his Party’s additional comments/queries by email to the Director of Environmental Services (Banbridge) to allow him to bring an amended report to the next meeting. REQUESTED: by Councillor Curran that Party Leaders should be copied into this email so that everyone was aware of the additional matters being raised. 11 RECOMMENDED: on the proposal of Councillor Curran, seconded by Councillor Berry, that the Director of Environmental Services (Banbridge) should take on board Members’ comments at the meeting as well as the views of the DUP which Cllr Causby undertook to email through to Mr Lindsay and copy to Party Leaders. An updated report to be brought back to the February meeting. 7.2 Waste Management Strategy Development (Councillor McNally left the meeting temporarily at 9.08 pm). The Director of Environmental Services (Craigavon) referred to the report and briefly outlined the background and detail of this matter. She said that Members were being asked to approve the proposed way forward in the development of a Waste Management Strategy for the new Council, and agree that from 1 April 2015 the existing waste management arrangements should remain in place across the three council areas until such times as changes were made under the new strategy. (Councillor McNally re‐joined the meeting at 9.11 pm). ADVISED: by the Director of Environmental Services (Craigavon) that it was proposed that a draft strategy could be prepared by September 2015 with the aim of adopting a final strategy by November 2015. EMPHASISED: by the Chair, the need for Councillors to be actively involved in the development of a new Waste Management Strategy, given the costs involved. She suggested that a workshop for Members should be organised in terms of the overall development of a new Waste Management Strategy. Councillor Berry said that clearly the long term goal was that there would be one Waste Management System for the new ABC Council. However, whilst they had a good idea of the systems currently in place in Craigavon and Armagh Council areas, it was unclear what was going to happen in the Banbridge area when the current system on trial finished. IN RESPONSE: the Director of Environmental Services (Banbridge) advised that the trial system had been extended to other areas in Banbridge in September 2014. He said that members of Banbridge Council had expressed a desire to review a summary of the outcomes of the trial and a meeting had therefore been arranged for 23 February by which stage a full 5 cycles of the extended trial would have been completed. He added that it was also proposed to undertake a customer satisfaction survey with random sampling. The Director of Environmental Services (Banbridge) advised that members of Banbridge Council would then be presented with options for moving forward, one option being that if the trial outcomes were deemed to be of sufficient merit, they may wish to continue on with the trial into the life of the new Council as part of the waste management service in Banbridge, until such time as the new Council made a decision on the wider area. 12 IN RESPONSE TO A QUERY: the Director of Environmental Services (Banbridge) outlined the difficulties and costs that would be associated with stopping the trial and reverting back to the original system, and then possibly reinstating it again if the new Council in developing a Waste Management Strategy for the new Council considered that there was some merit in that type of model system. He said that he did not see any difficulty with letting the trial continue on after 1 April. IN RESPONSE: to an enquiry from Councillor Causby, the Director of Environmental Services (Banbridge) advised that no end date had been given for the trial. Councillor Causby referred to the report recommendation which was to ‘agree that from 1 April 2015 the existing waste management arrangements should remain in place across the three council areas until such time as changes were made under the new strategy’. However, Councillor Causby said that as Banbridge council had not yet met to consider the outcomes of the trial and decide whether or not to continue with the trial, it was impossible to know what system new council members were agreeing to continue with in Banbridge. He said that he would like to wait to see the outcome of Banbridge Council’s discussion at its meeting on 23 February before agreeing to the second part of the report recommendation. The Chair expressed her agreement with Councillor Causby’s remarks. The Chief Executive suggested that there was a need for information sharing in terms of what the trial in Banbridge involved and what it was trying to achieve. He suggested that before making a final decision, an information workshop could be arranged in early February to fully brief Members from other council areas on the waste management system that was currently operating in the Banbridge area, particularly the extended trial system. He stressed that with an £18 million budget it was important that the correct decisions were made in relation to waste management. Councillor Barr pointed out that it was only a trial system which only included part of Banbridge and indeed part of the trial area was moving into a new council area, Newry, Mourne and Down District Council. He agreed that they needed to see all the facts and figures in relation to the trial, and stressed that any decision in relation to the future waste management system would be made by the new Council and not Banbridge Council. The Director of Environmental Services (Banbridge) advised that there were 14,000 households involved in the trial and there were significant costs involved in informing all these households that the trial was stopping/starting, etc. (Councillor Cairns left the meeting temporarily at 9.30 pm). Councillor Curran said that as a Banbridge Councillor he rejected Councillor Barr’s comments. He said it was never his view that Banbridge Council would be making a decision on the future waste management system for the new Council. He suggested that the workshop referred to by the Chief Executive was a good way forward. 13 Councillor Berry said he appreciated that Banbridge Council had done a lot of work on this matter, but stressed that they needed to have an urgent workshop to fully update members from other councils, rather than waiting until the end of February to hear the result of discussions by Banbridge Council in relation to the trial outcomes. He said he was sure that the Director of Environmental Services (Banbridge) already had a good idea as to whether the trial was working or not and could provide them with some feedback. Councillor Woods agreed that waiting until after 23 February would leave it very late to receive a full update on the trial in Banbridge Council area and make a decision. Councillor Gamble said that she had fully supported the trial, but her concern now was that it was dragging on indefinitely. (Councillor Cairns re‐joined the meeting at 9.23 pm). Councillor Causby said that the trial should end in February and the outcomes presented to the new Council to decide. He added that the initial trial had been in place for a year now and the extended trial since September 2014. The Director of Environmental Services (Craigavon) suggested that Members accept the first part of the recommendation to approve the way forward in the development of a Waste Management Strategy for the new Council and take out the rest of the recommendation. Councillor Curran asked if they could agree to continue with the 3 established systems, excluding the trial in Banbridge. Councillor Causby proposed that they accept the first part of the recommendation, but defer the rest of the recommendation pending receipt of further information as discussed. Councillor Berry again acknowledged the work that had been put into the trial by Banbridge Council, and reiterated the need for other members to be fully briefed at a workshop to be organised in early February. CONCERN: was expressed by Councillor Gamble that information may be presented to Councillors at the workshop in early February that Banbridge Councillors would not be aware of until its meeting on 23 February. Councillor Curran suggested that Banbridge could consider bringing its meeting forward. IN RESPONSE: the Chief Executive stressed the importance of all 41 new Council Members being invited to attend the workshop in early February so that all Members were brought up to the same level in terms of information regarding the trial. The 14 outcome of deliberations by Banbridge Council at its meeting on 23 February would then be brought back in a further report to the Services Committee meeting in March. RECOMMENDED: on the proposal of Councillor Causby, seconded by Councillor Curran –  Approval to the proposed way forward in relation to the development of a Waste Management Strategy for the new Council.  That a Workshop should be organised in early February (to which all members of the ABC Council would be invited) in order to fully brief all members on the ongoing trail currently underway in Banbridge Council area in respect of a four weekly black bin collection.  That following a meeting of Banbridge Council on 23 February, final figures in relation to the trial and details of a customer survey to be undertaken, as well as the detail of deliberations by Banbridge at its meeting on 23rd, should be brought back in a further report to the Services Committee meeting in March for consideration and decision. 7.3 Recycling Performance RECOMMENDED: that the report be noted. 7.4 Future of SWAMP 2008 RECOMMENDED: that the report be noted. (Councillors Woods and Berry left the meeting temporarily at 9.53 pm). 8. ENVIRONMENTAL HEALTH REPORT PREVIOUSLY CIRCULATED: copy report SS‐15‐04. The Head of Environmental Health and Neighbourhood Services (Armagh) took members through the report, elaborating briefly on the main points. (Councillor Woods re‐joined the meeting at 9.55 pm). (Councillor Gamble left the meeting temporarily at 9.55 pm). (Councillor Berry re‐joined the meeting at 9.56 pm). (Councillor Gamble re‐joined the meeting at 9.57 pm). 15 8.1 8.2 Dog Control Enforcement Policy The Head of Environmental Health and Neighbourhood Services (Armagh) referred to the report and briefly outlined the background and detail of the Dog Control Enforcement Policy as detailed in Appendix 1 to the report. IN RESPONSE: to an enquiry from Councillor Berry regarding a consultation exercise currently underway in Armagh regarding the proposed introduction of 3 other Dog Control Orders, the Head of Environmental Health and Neighbourhood Services (Armagh) advised that the consultation exercise had closed and a report had been forwarded to the Chief Executive for consideration at a Scrutiny Panel meeting. He stressed that this exercise had no relevance to this matter. RECOMMENDED: on the proposal of Councillor Gamble, seconded by Councillor Curran, approval to the Council’s proposed Dog Control Enforcement Policy, as detailed in Appendix 1 to the report. Proposed General Enforcement Policy The Group Chief EHO (Southern Group Environmental Health Committee) referred to the report and briefly outlined the background and detail of the proposed General Enforcement Policy, as detailed in Appendix 2 to the report. (Councillor Donnelly left the meeting temporarily at 10.03 pm). RECOMMENDED: on the proposal of Councillor Curran, seconded by Councillor Berry, approval to the General Enforcement Policy, as detailed in Appendix 2 to the report, with effect from 1 April 2015. 8.3 Proposed Policy for Use of Test Purchasing The Group Chief EHO (Southern Group Environmental Health Committee) referred to the report and briefly outlined the background and detail of the proposed Policy for use of Test Purchasing, as detailed in Appendix 3 to the report. (Councillor Donnelly re‐joined the meeting at 10.06 pm). RECOMMENDED: on the proposal of Councillor Gamble, seconded by Councillor Woods, approval to the Policy on the use of Test Purchasing, as detailed within Appendix 3 to the report, with effect from 1 April 2015. 9. ANY OTHER RELEVANT BUSINESS There was no other relevant business. 16 The meeting concluded at 10:08 pm. SIGNED: CHAIRMAN CHIEF EXECUTIVE DATE 29 JANUARY 2015 17 East Border Region Ltd
• Formed in 1976
• Aim: to promote cross border economic
development & facilitate cross border
networking which benefits the citizens of
the region.
• Members 2015: NI - 3 Councils
•
ROI - 3 County Councils
• Board: Elected members all political
parties North/South, Chair rotates N/S
annually
• Senior officials from member
councils/thematic working groups
• Funding to date: Member Councils
•
EU Interreg Programme
EBR Contribution to ABC:
INTERREG IIIA
Armagh
Banbridge
Craigavon
Sub Total INT IIIA
INTERREG IVA
Armagh
Banbridge
Craigavon
Sub Total INT IVA
Total
ABC contribution since 2003
Return on Investment:
£660,579
£2,310,969
£701,115
£3,672,663
£1,126,982
£1,481,057
£1,275,627
£3,883,666
£7,556,329
£300,000
25:1
Impact of EBR funded projects for
ABC:
6 Economic Projects supporting 650 small
and micro businesses across the region.
(180 of these within ABC)
Examples: Aspire/Stem/Life Sciences
Tourism Development Plan £2.8million
Portadown Town Quay/ Scarva Cycle facility/Navan
Play Park/ Cathedrals app/ Dromore adventure
centre/ Loughgall Park/Visitor servicing
2 Environmental Projects:
Energy: Palace Demesne/Banbridge Civic
Centre/Craigavon Civic Centre.
Economic impact - £5.5m CBI
Biodiversity: First cross border framework
EBR Strategic Direction
Options Study & Business Plan 2014
Aim: ‘Smart, Sustainable & Inclusive cross
border partnership’
• Build on success to date to maximise
future funding opportunities for Councils
• INTERREG – Cross Border and
Transnational
• Horizon 2020, COSME, Life, Connecting
Europe etc…
• Address needs of member councils
• Capitalise on excellent track record
• Offer services on a commercial basis
• Promote EU linkages for ABC through
AEBR/Brussels contacts.
Future benefit to ABC
Membership of a Smart, Sustainable and
Inclusive Cross Border Partnership with a
proven track record of success.
Pivotal location – population 901,000
Current situation:
• Strong INTERREG V Project Pipeline:
– Life Sciences, Business Development,
Biodiversity, Greenways
• Council thematic working groups to
develop Transnational/Horizon 2020
projects; Economic Development,
Tourism, Environment & Biodiversity
• Memorandum of Understanding
Council contributions 2015/2018:
• £20,000 per council per annum
ICBAN
Presentation to Armagh Banbridge and Craigavon District Council
Wednesday 14th January 2015
Work to Date



Formed in 1995
Local authority led cross‐border development: six NI and five RoI members
Communities had much in common: similar issues needing common solutions
Our Developing Role
1995‐2000 – Partnership; making acquaintances and networking
2001 – 2006 – Limited Company; intermediary funding body for INTERREG 2007‐2013 – INTERREG Lead Partner; Councils collaborating on projects
‘Regional Strategic Framework ‘ launch
2015+ – Project innovation; Tap into wider funding streams; Promote Region’s Development
Achievements
Celebrating 20 Years of Cross‐Border Collaboration, 1995‐2015
 £50 million of EU funding drawn down
 Excellent audit and governance performance
 Implementation of first regional cross‐border strategy on the island
 ‘DataCENTRAL’ information resource freely available
 www.icbaneurope.com EU Information and Funding Portal
 Stage 2 of the EU ‘Connected Communities’ call for Telecomms
 Development of Strategic Roads and Regional Telecommunications Studies and Lobbies
 Playing a more involved role as an EU region
 RTPI Planning Excellence Award, 2014
Future Strategic Direction – 5 Goals*
Mission:
To be a recognised and valued resource in driving Regional / Cross‐Border Development, for the constituent member Councils and key stakeholders of the Central Border Region
1. PARTNERSHIP – maximising opportunities in collaboration
Council Relationship Management system
Champion the ‘Regional Strategic Framework’
Regional Memorandum of Understanding
2. REPRESENTATION – a valued asset for the Central Border Region
www.icbaneurope.com EU Information and Funding Portal
3 EU Project Partnerships
Annual Activity Reports
Active Development – minimum of 5 projects continually in development * Corporate Plan, 2015‐17
3. INVESTMENT – focus on key strategic priorities £15 million in funding investment by 2020
4 applications for funding/support per annum
10 consultation/policy responses per annum
3 regional workshops/seminars/conferences per annum
4. PRODUCTIVITY – add value at a regional level
Complete all INTERREG IVA projects by 30 September 2015
Manage and update ‘DataCENTRAL’ to be current
Know the key issues, challenges and problems at each local level
Innovate in development drawing on international best practice
5. GOOD GOVERNANCE – focus on efficiency, cost base and funding balance
Maintain a robust audited Governance and Compliance Framework
Achieve a 0% error rate for expenditure claims
Effective financial and organisational/operational planning systems
Ensure structures are representative of cross‐border needs and interests
Council Support/Benefits To
Support Sought from the Council
 £10,000 annual contribution for 2015/16
 Member appointees to the Management Board
 Active input of Council officials
 Open two‐way flow of communications
Anticipated Benefits to the Council
 Active Partner in driving results through defined Regional Strategy
 Developing joint programme of work with other member Councils
 Ready Data availability on needs
 Partnering in 8 new regional projects and initiatives
 Organisation’s EU expertise, knowledge and information
 Strengthened partnership and network
 Realising share in £15 million targeted drawdown by 2020
ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL SS‐15‐01 REGENERATION AND DEVELOPMENT REPORT Report to: Services Committee Date: 14 January 2015 Agenda Item No. 5 Reporting Officers: Roger Wilson, Chief Executive ITEMS FOR DECISION 1.0
EU – CROSS BORDER PARTNERSHIPS – EAST BORDER REGION LIMITED (EBRG) AND IRISH CENTRAL BORDER AREA NETWORK (ICBAN) Purpose Decision(s) Required: That Members agree the next steps following the presentations by the East Border Region (EBRG) and the Irish Central Border Area Network (ICBAN). Lead Officers 1.1
1.2
Sharon O’Gorman, Director of Regeneration & Development Catriona Regan, Director of Leisure & Development Olga Murtagh, Director of Development BACKGROUND At a meeting of the Services Committee held on 3 December 2014, consideration was given to a request for funding from EBRG towards their Business Plan for 2015/2016. Arising from the discussion which ensued, it was agreed that both cross border partnerships be invited to present to a future Services Committee. EBRG and ICBAN will present to the Services Committee on 14 January 2015 focusing on an outline of their organisation and work to date, key achievements, future strategic direction, potential funding sought from ABC and anticipated benefits that will be secured. DETAIL Noted below is some summary information on each partnership. Page 1 of 12 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL 1.2.1 East Border Region Limited East Border Region Ltd is one of five local authority led cross border networks on the Ireland/Northern Ireland border. The East Border Region comprises ten local authorities, Newry and Mourne, Down and Banbridge District Councils, Armagh City and District Council, Craigavon, Ards and North Down Borough Councils in Northern Ireland and Louth, Monaghan and Meath County Councils in the Republic Of Ireland and has a total population of 826,000. East Border Region was established in 1976 to promote innovative, cross border economic development in the areas of agriculture, Industry, Commerce and Tourism and to improve the living conditions and employment prospects of those living in the region. East Border Region was awarded the role of Implementing Body in the Ireland/Northern Ireland INTERREG IIIA Programme 2000‐2006 and as a result successfully implemented approximately €25 million to genuine cross border projects across the region. At present East Border Region has been successful in securing approximately €15.5 million from the INTERREG IVA Programme. 1.2.2 Irish Central Area Border Network Ltd The Irish Central Border Area Network (ICBAN) Ltd is a cross‐border local authority led company comprising of 11 member Councils in the central border area. The Central Border Region of Ireland / Northern Ireland has a population of just under 660,000 people currently (2011 Censuses) and is expected to grow to over 750,000 by 2022. It accounts for 1/5 of the land area of the island of Ireland and 1/10 of its population. Member Councils include: Republic of Ireland – Cavan County Council, Donegal County Council, Leitrim County Council, Monaghan County Council, Sligo County Council. Northern Ireland – Armagh City & District Council, Cookstown District Council, Dungannon & South Tyrone Borough Council, Fermanagh District Council, Magherafelt District Council, Omagh District Council. The need for ICBAN was identified by local authorities within the central border region in the early 1990’s which led to the formal establishment of ICBAN in 1995. Originally 10 local authorities within the region pledged their support to the establishment of this organisation which is demonstrated in the company’s structure (i.e. 2 elected representatives from each of the eleven member councils sit as Directors on the Management Board of the Company). In December 2013 Magherafelt District Council became the 11th member of ICBAN. ICBAN was established to promote co‐operation and communication on a cross‐
border basis on common regional development concerns. This provided a forum to respond to the unique economic and social needs of the Central Border Region. The organisation works in a spirit of cross‐border consensus decision‐making, cross party Page 2 of 12 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL co‐operation and partnership. In 2001 ICBAN was constituted as a Company Limited by Guarantee without Share Capital. 1.3
1.4
A summary of the roles undertaken by ICBAN include strategic Coordination / Facilitation, leader partner for the Interreg IVA Bid, Project implementation, Network development and strengthening of cross border relationships, capacity building of elected representatives within the region, cross border liaison with key regional stakeholders on an interagency/cross sectoral basis. DECLARATIONS OF INTEREST The following Members sit on the EBRG and ICBAN – EBRG Councillors Hamilton, Rankin, Keating, McNally, Speers, Wilson, Hatch, Baxter, Causby, Nelson and Twyble. ICBAN Councillor Campbell RECOMMENDATION That Members agree the next steps following the presentations by the East Border Region (EBRG) and the Irish Central Border Area Network (ICBAN). Page 3 of 12 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL 2.0
REQUEST FROM CLANRYE GROUP RE EUROPEAN SOCIAL FUND (ESF) APPLICATION Purpose Decision(s) Required: That a letter of support be provided to the Clanrye Group in relation to the application to the ESF. It is further recommended that the Clanrye Group be advised that if their application is successful there may be difficulties in considering match‐funding as a process of calls to consider match‐funding from other eligible groups has not been established in relation to the ESF programme. Lead Officers 2.1
2.2 Sharon O’Gorman, Director of Regeneration & Development Catriona Regan, Director of Leisure & Development Olga Murtagh, Director of Development BACKGROUND The overall strategic aim of the ESF programme is to reduce economic inactivity and increase workforce skills. The ESF programme contributes to employment policies to make progress towards increasing the overall employment rate and reduce inactivity in Northern Ireland by extending employment opportunities in particular for those groups at a disadvantage in the labour market. DETAIL A request has been received from the Clanrye Group seeking Council support in relation to an application for funding under the European Social Fund. (Appendix 1) Officers have met with representatives of the Clanrye Group who have indicated that they are seeking a Letter of Support and a consideration of a potential funding contribution of £60,000 towards their application to the ESF programme. There have been 58 participants from the Armagh Banbridge Craigavon District Council area in a previous training programme and 37 participants in a current training programme. As outlined there is a wider application being prepared by the Southern Regional College for a support programme to the ESF. Officers are supportive of the provision of a Letter of Support to enable Clanrye Group to submit an application. However, in order to consider a request for potential funding it would require a call to be made to enable all eligible organisations to submit a similar request for consideration of match‐funding. Page 4 of 12 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL Officers would advise the provision of a Letter of Support in relation to the ESF application by the Clanrye Group but to advise that any consideration of the provision of match‐funding if the application was successful would be difficult as there has not been a call for match‐funding for other eligible organisations. 2.3 RECOMMENDATION It is recommended that: A letter of support is provided to the Clanrye Group in relation to the application to the ESF. It is further recommended that the Clanrye Group be advised that if their application is successful there may be difficulties in considering match‐funding as a process of calls to consider match‐funding from other eligible groups has not been established in relation to the ESF programme. 3.0
EUROPEAN SOCIAL FUND Purpose Decision(s) Required: Members are asked to consider the content of the report and agree to: Support the submission of the two European Social Fund Applications Lead Officers Catriona Regan, Director of Leisure & Development Sharon O’Gorman, Director of Regeneration & Development Olga Murtagh, Director of Development 3.1
BACKGROUND The overall strategic aim of the Northern Ireland European Social Fund (ESF) Programme 2007–2013 is to reduce economic inactivity and increase workforce skills. ESF was open for applications until the 9th of January 2015. To keep this opportunity available two applications have been submitted and are pending assessment. 3.2 DETAIL 3.2.1 ESF Proposal Summary Two three year RESTORE projects are proposed based on a community engagement model to provide employment and self‐employment opportunities to people who are currently economically inactive (not in work). It will aim to build the self‐confidence of participants to allow them to become more fully engaged in community and work life. It will develop individual opportunities to provide a new perspective on work life turning around the challenges that people face chasing after one job where the chances of success are limited further compounding self‐confidence issues. Page 5 of 12 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL Three elements 1. Referral Network A referral network of providers will be created and maintained to provide the initial engagement opportunity. This list is not exhaustive but for example; Jobs & Benefits Office, Charities, Youth Justice Agency, Probation Board, PSNI etc 2. Restore An individually designed plan for each participant journey; varying from two to twelve months dependant on needs and resources. It will include the skills training; example joinery, electrical, administration. The key element will be the provision of mentoring that will aim to build a participant journey designed to address individual needs and achieve the outcomes. 3. Work Placement A system will be developed to bring employment and self‐employment opportunities to participants. A network of employers and self‐employment support will be identified to deliver the economic outcomes. It is expected that recruitment agencies will be used to support this element. Two RESTORE Applications (3 year term) One ESF Priority Axis ‐ Priority 1 Access to Employment (Young People Aged 16 – 24 who are not in employment, education or training) Budget ESF & DEL funding Two Per Annum £ 184,935 Total £ 555,805 Total £ 202,287 ESF Priority Axis ‐ Priority 2 Social Inclusion ESF Thematic Objective – TO 9IPi (a) People with disability Budget ESF funding (including 40% eligible costs) Per Annum £ 67,429 Further details of both projects are set out in Appendix 2. 3.2.2 Partnership working Southern Regional College (SRC), REED and Southern Health & Social Care Trust are the strategic partners in relation to the delivery of the projects. They will work with the Council to manage referrals preventing duplication and support work placement. Page 6 of 12 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL This partnership will take account of any opportunities that exist but at this stage are focused on the following key areas. •
•
•
•
REED ‐ Steps to Success; REED deliver Steps to Success in the Southern Area the mainstream provision funded by DEL. ESF; REED have submitted an ESF application to provide support for those furthest from the labour market. Working in partnership with this programme will provide options to match participant’s needs with the best opportunity. SRC; the full range of SRC programmes (for example essential skills mainstream provision via DEL), further training is an outcome and SRC is a vital progression route. Southern Health Care Trust will work in partnership with Restore in relation to the disability project acting as the main referral agent and professional support for the programme. As above note; 

The Council Benefit In Kind contribution (BIK) which is provided by officer time. ESF have allowed 40% (£81,290 pa) towards indirect (non‐staff costs) 3.3
RECOMMENDATION The Council support the submission of the two European Social Fund Applications and they are assessed by DEL/ESF with further updates provided to Services Committee. Page 7 of 12 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL 4.0
NORTHERN IRELAND POLICING BOARD Purpose Decision(s) Required: Members are asked to consider the content of the report and agree to the consultation for submission to the Department of Justice before 30 January 2015 Lead Officers Sharon O’Gorman, Director of Regeneration & Development Catriona Regan, Director of Leisure & Development Olga Murtagh, Director of Development 4.1
4.2
BACKGROUND The Minister of Justice is responsible for the appointment of independent members to the Northern Ireland Policing Board. The Board is made up of 19 members, ten of whom are political members appointed by parties following an Assembly election. The Minister is responsible for appointing nine independent members, appointed or re‐
appointed for a term of up to four years by open competition. These are public appointments, regulated by the Commissioner for Public Appointments (CPANI). The next re‐constitution of the Board is due to take place by May 2015, when the four‐
year term of appointment for independent members expires. DETAIL The Minister of Justice has considered a range of options and intends to move to a rolling appointments model, whereby every year three independent members are appointed or re‐appointed with effect from the 2015 competition. A key change arising from this model is to de‐couple the appointment of independent members from the appointment of political Board members. They are not scheduled to be appointed until May 2016 following Assembly elections following the legislative extension of the current Assembly mandate until May 2016. The consultation paper supports the view that this change will support the effectiveness of the Board by maximising the potential for the optimal balance of skills, knowledge and experience amongst its members whilst maintaining continuity and cohesion with a mix of experienced and new independent members. The rolling appointments approach is consistent with current statutory provision, is compliant with CPANI policy on public appointments and represents best practice in helping to promote diversity. With regard to remuneration for independent Board members, the Department of Justice conducted a comparison of remuneration levels with other public bodies in Northern Ireland. The key findings show that the current rates of remuneration are disproportionate in comparison to other public sector Board members, so the Minister Page 8 of 12 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL for Justice proposes that the remuneration rates for Board members are revised from the 2015 competition onward to reflect a more appropriate level of remuneration. The consultation question is: ‘What are your views on the proposals set out in this paper for the appointment of independent members to the NI Policing Board?’ A response has been drafted for consideration as follows:  The rolling appointments module only applies to the independent Board members, therefore it can only ensure that this section of the Board is refreshed on an on‐going basis. However, this should in principle support the overall effectiveness of the Board.  The level/degree of ‘refreshment’ of the independent Board members would be dependent on the pool from which they are appointed. Every effort would need to be made to encourage applications from the most diverse range of candidates to ensure that independent Board members represent and respond to community concerns effectively, and support Councils and PCSPs in taking a joined‐up approach to the delivery of community safety with the highest level of integrity.  The rolling appointments model does not address the issue of supporting new independent Board members in getting up to speed with Board procedures. Given that an independent Board member may feasibly only be in place for two years, much of this time could be spent coming to grips with Board bureaucracy which may limit the potential effectiveness of their contribution. Therefore it may be useful to include a succinct but comprehensive induction session for newly appointed independent Board members as a core part of the model. There is also no mention in the consultation document about the impact of the rolling appointments model on recruitment/training costs associated with independent Board members; nor of any additional staffing time/costs associated with administration of the model.  It would seem appropriate in the current economic climate that remuneration rates for members of the NI Policing Board are more in line with those of other public sector Board members. The revised remuneration rates have been calculated to reflect the anticipated workload of the NI Policing Board Members. 4.3
4.4
There are no financial or resource implications for Council DECLARATIONS OF INTEREST Officers are not aware of any Declarations of Interest in relation to this matter. RECOMMENDATION That Members consider and approve the draft response to the consultation for submission to the Department of Justice before 30th January 2015 Page 9 of 12 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL 5.0 EUROPEAN SOCIAL FUND APPLICATION – SOUTHERN REGIONAL COLLEGE Purpose Decision Required:
That Members note the application and letter of support provided by ABC Council and that the Council agree in principle to providing match funding to the programme in years 2 and 3, subject to the application being successful. A further report to be brought back on the matter. Lead Officers Sharon O’Gorman, Director of Regeneration & Development Catriona Regan, Director of Leisure & Development Olga Murtagh, Director of Development 5.1 5.2 BACKGROUND The European Social Fund (ESF) is the European Union’s main funding programme for supporting employment and the development of employability skills. In Northern Ireland, the key aim of the Programme is to combat poverty and enhance social inclusion by reducing economic inactivity, and increasing the skills base of those currently in work and future potential participants in the workforce. DETAIL The Programme will fund activity to enhance and extend employment opportunities, in particular, for those groups at a disadvantage in the labour market. Social innovation will be encouraged in an approach to helping those experiencing significant barriers to employment. Applications have been invited from the Department of Employment and Learning, who are Managing Authority for the programme, by a deadline of Noon on Friday 9th January 2015. Officers from across the three Councils have been working in conjunction with Officials from the Southern Regional College in the preparation of an application to the ESF entitled Road to Improving Skills and Employment (RISE). RISE will comprise a package of support for unemployed and economically inactive people and will aim to address the most significant barriers to sustainable employment experienced by local people. It aims to assist participants with the transition from unemployment to job readiness. The programme will work with 1,371 unemployed and economically inactive people across the three years of delivery (457 per annum) with a target of securing employment for 151 participants and progressing a further 343 participants into Page 10 of 12 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL 5.3 5.4 Further Education addressing the aim of improving employability and increasing economic productivity and competitiveness locally. The application is fully cognisant with the emerging themes from the draft Regeneration and Development Strategy and will target skills enhancement in the economic sectors that offer the region greatest opportunity going forward and will be delivered in consultation with the business community to ensure that all training and development under the programme is appropriate and relevant to industry needs. Key sectors targeted include: • Financial Services & Administration; • Sustainable Construction & Renewables; • Engineering / Manufacturing; • Health; • Hospitality & Food Services and Tourism; • IT; • Retail and Warehousing/Storage. Delivery of the scheme will be across the two new Council areas of Armagh, Banbridge and Craigavon and Newry & Mourne and Down and the Councils will be invited to nominate representatives to sit on the Steering Committee overseeing the implementation of the scheme. A letter of support for the application has been provided by the new Council to Southern Regional College endorsing the approach proposed in the application and indicating that the new Council would look favourably on providing match funding to the programme in years 2 and 3 (Appendix 3). In total, the cost of the project is £3m over the three years of its operation and if successful, up to 65% of these costs will be met by the ESF Programme. DECLARATIONS OF INTEREST Officers are not aware of any Declarations of Interest in relation to this matter. RECOMMENDATION That Members note the application and letter of support provided by ABC Council and that the Council agree in principle to providing match funding to the programme in years 2 and 3, subject to the application being successful. A further report to be brought back on the matter. ITEMS FOR INFORMATION 6.0 REGENERATION BILL Page 11 of 12 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL Lead Officers Sharon O’Gorman, Director of Regeneration & Development Catriona Regan, Director of Leisure & Development Olga Murtagh, Director of Development At the November meeting of the Services Committee, Members were advised of the delay in the transfer of powers in relation to regeneration and tackling deprivation from the Department for Social Development to the new Councils. Information has been received from Departmental Officials advising that the Assembly Bill has completed the first stage of its Assembly passage following its introduction in the Assembly on 8th December 2014. Attached are details on the Regeneration Bill and a separate explanatory and financial memorandum providing guidance on the Regeneration Bill. (Appendix 4) Members will be advised of further updates on the progress of the Regeneration Bill. 7.0 SOCIAL INVESTMENT FUND Lead Officers Sharon O’Gorman, Director of Regeneration & Development
Catriona Regan, Director of Leisure & Development Olga Murtagh, Director of Development The first two of the four Social Investment Fund offers have been agreed verbally by OFMDFM to Banbridge District Council (subsequently Armagh, Banbridge & Craigavon Council) as Lead Partner. These offers are to support capital projects in the Social Investment Fund Southern Zone. 

Sustaining The Infrastructure (14 smaller projects clustered together) New Directions (2 projects clustered) £1,025,751 £ 684,445 The third and fourth are waiting on approval and release by OFMDFM 

Community Enhancement Through Sport (4 projects) Armagh Harps (1 project) The Lead Partner management fees agreed in principal with OFMDFM 

Sustaining The Infrastructure (14 smaller projects clustered together) New Directions (2 projects clustered) £ 223,842 £ 136,036 The Acting Chief Executive and Chairman of Banbridge District Council have used delegated authority to accept the Social Investment Fund, Sustaining the Infrastructure and New Directions offers. Page 12 of 12 DETAILS OF ESF SKILLS BID Two RESTORE Applications (3 year term) Appendix 2 One ESF Priority Axis ‐ Priority 1 Access to Employment ESF Thematic Objective – TO8IP (ii) Young People aged 16‐24 who are not in employment education or training Budget ESF & DEL funding BIK from ABC* Total Eligible Project costs PA £ 184,935 £ 99,581 £ 284,516 Total £ 555,805 £ 298,743 £ 855,805 *Benefit in kind from ABC proposed as officer time. Outcomes  95 participants per year (285 total)  11 participants in sustainable employment per year (33 total)  33 participants progressing to further training per year (99 total) Employed staff Up to 4 staff members required Two ESF Priority Axis ‐ Priority 2 Social Inclusion ESF Thematic Objective – TO 9IPi (a) People with disability Budget ESF funding (including 40% eligible costs) BIK from ABC & SHCST* Total Eligible Project Costs PA £ 67,429 £ 36,308 £ 103,737 Total £ 202,287 £ 108,924 £ 311,211 *Benefit in kind from ABC & SHSCT (Health Trust) officer time. Outcomes  13 participants per year (39 total)  1.3 participant in employment on leaving per year (4 total)  0.6 participant in employment 6 months after leaving per year (2 total)  1.9 participants progressing to further education per year (6 total) Employed staff 1 staff member required Services Committee Report ‐ 14th January 2015 Appendix 3 19th December 2014 Mr Brian Doran Chief Executive Southern Regional College West Building Patrick Street Newry BT35 8DN Dear Mr. Doran I refer to recent discussions between your colleagues in Southern Regional College and Officers representing the amalgamating Councils of Armagh, Banbridge and Craigavon regarding the proposed submission of an application for support from the European Social Fund. As you will be aware, the Councils are collectively currently preparing a Regeneration and Development Strategy for the new Council area. The emerging findings from this work have identified a range of skills and educational attainment issues as amongst the biggest challenges facing the new Council area, including:  The area’s skill profile is a weakness, underperforming the regional average in the majority of educational metrics including higher proportions of unqualified residents; and  A fundamental mismatch between industry needs (both current and projected) and the existing skills and qualifications of the resident population. Addressing these issues will be part of the fundamentals required to address the existing skills mismatch experienced by industry in the area and to enhance quality of life for the citizens of the Armagh, Banbridge and Craigavon District. To this end, I would support the proposed European Social Fund application entitled “Road to Improving Skills and Employment.” Through targeting the hardest to reach and those who need to overcome significant barriers to employment, the proposal could have a major positive impact on local attempts to address issues such as social exclusion, deprivation, long term unemployment, economic inactivity and the health and wellbeing of citizens. I also welcome the sectoral focus on those industries that our strategy work has identified as being potential growth areas of the future in this region. Services Committee Report ‐ 14th January 2015 As part of Local Government Reform the Department of Social Development will be transferring Regeneration and Community Powers to Local Councils in April 2016. At that time the Council will make decisions on how this funding will be allocated. Given the findings of the Regeneration and Development Strategy, supporting improving skills and employment will be a key priority. I am therefore optimistic that the new Council (subject to a satisfactory performance in year 1) will look favourably on providing match funding towards the ESF bid in year 2 and 3, however I am sure you will appreciate that I cannot give any guarantees until the matter is fully considered by the Council. Yours sincerely Roger Wilson Chief Executive Regeneration Bill
[AS INTRODUCED]
CONTENTS
PART 1
POWERS IN RELATION TO SOCIAL NEED
Powers of council to address social need
1.
2.
3.
Financial assistance to address social need
Conditions attaching to financial assistance under section 1
Power to carry out works for the improvement of the environment
Power of Department to address social need
4.
Power of Department to provide financial assistance
PART 2
DEVELOPMENT POWERS AND OTHER POWERS FOR PLANNING
PURPOSES
Development and other powers of councils
5.
6.
7.
8.
9.
10.
11.
12.
Development schemes of councils
Adoption of development schemes by councils
Acquisition of land by councils for planning purposes
Disposal of land held by councils for planning purposes
Development of land held by councils for planning purposes
Powers of council before acquisition of land for planning purposes
Extinguishment by council of right of way over land held for planning
purposes
Power of council to require information as to estates in land
Development schemes made by the Department
13.
Development schemes made by the Department
Interpretation
14.
Interpretation of this Part
PART 3
15.
LAGANSIDE
Transfer to council of certain functions relating to Laganside
PART 4
GENERAL AND SUPPLEMENTARY
General
16.
Surveys, studies, etc.
Regeneration
17.
Guidance
Supplementary
18.
19.
20.
21.
22.
23.
Powers to make orders under the Local Government Act in connection
with this Act
Regulations and orders
Interpretation
Minor and consequential amendments and repeals
Commencement
Short title
SCHEDULES:
Schedule 1
Schedule 2
Schedule 3
Powers of council in relation to the River Lagan
Minor and consequential amendments
Repeals
ii
Regeneration
A
BILL
TO
Confer functions on district councils in relation to regeneration; to amend the
Social Need (Northern Ireland) Order 1986 and Part 7 of the Planning (Northern
Ireland) Order 1991 in relation to the functions of the Department for Social
Development; and for connected purposes.
B
E IT ENACTED by being passed by the Northern Ireland Assembly and
assented to by Her Majesty as follows:
PART 1
POWERS IN RELATION TO SOCIAL NEED
Powers of council to address social need
Financial assistance to address social need
5
10
15
1.—(1) A council may provide financial assistance to any person doing, or
intending to do, anything falling within subsection (2) which benefits one or more
areas of social need in its district.
(2) Financial assistance may be provided under this section for—
(a) the promotion, development or regeneration of commercial, industrial or
other economic activity,
(b) the improvement of the environment,
(c) the provision of housing,
(d) the provision of social or community facilities,
(e) the refurbishment or restructuring of buildings,
or for anything not falling within paragraphs (a) to (e) which the council considers
will benefit the district.
(3) Financial assistance under this section may include—
(a) grants;
(b) loans;
1
Regeneration
Pt.1
(c) guarantees;
(d) the taking of any interest in property or in a body corporate.
(4) Financial assistance under this section for the provision of housing requires
the approval of the Department.
5
Conditions attaching to financial assistance under section 1
2.—(1) In giving financial assistance under section 1, a council may impose
such conditions as it thinks fit, including conditions for repayment in specified
circumstances.
10
(2) Any person who without reasonable excuse fails to comply with any
condition imposed under subsection (1) requiring that person to inform the council
of any event whereby financial assistance provided to that person under section 1
becomes repayable in whole or in part is guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine.
15
(3) Subsection (4) applies for the purpose of enabling the council—
(a) to determine whether any condition subject to which financial assistance is
provided under section 1 is satisfied or is being complied with; or
(b) whether the financial assistance has become repayable in whole or in part
in accordance with any such condition.
20
(4) The council may by notice require any person who has received financial
assistance under section 1, and any person acting on behalf of that person, to give
to the council such information, or to produce for examination by the council such
books, records or other documents, as may be specified in the notice.
25
30
35
40
(5) Subject to subsection (6), a notice under subsection (4) may require—
(a) the information to which it relates to be given within such time as may be
specified in the notice, and
(b) the books, records or other documents to which it relates to be produced at
such time and place as may be so specified.
(6) The time specified in a notice under subsection (4) for giving any
information or producing any document shall not be earlier than the end of the
period of 28 days beginning with the service of the notice.
(7) Any person who in purported compliance with a notice under subsection (4)
knowingly or recklessly makes any statement or produces any document which is
false in a material particular is guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine or to imprisonment for a term not
exceeding 2 years or to both.
(8) Any person who without reasonable excuse fails to comply with a notice
under subsection (4) is guilty of an offence and liable on summary conviction to a
fine not exceeding level 3 on the standard scale.
(9) Any conditions for repayment imposed under subsection (1) shall, if the
conditions so provide, be a statutory charge and in the event of any financial
assistance under section 1 becoming repayable in circumstances specified in the
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conditions, the amount of that assistance (as assessed in accordance with the
conditions) shall be a charge on any property so specified.
5
(10) Accordingly, in Schedule 11 to the Land Registration Act (Northern
Ireland) 1970 (matters required to be registered in the Statutory Charges Register)
in paragraph 40 after “Article 4(1) of the Social Need (Northern Ireland) Order
1986” insert “or section 2 of the Regeneration Act (Northern Ireland) 2015”.
Power to carry out works for the improvement of the environment
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3.—(1) A council may carry out works for the improvement of the environment
which the council considers will benefit one or more areas of social need in its
district.
(2) In the exercise of its powers under this section a council may, with the
consent of the Department for Regional Development, carry out works involving
the placing of any structure in a road, but shall not so exercise those powers as—
(a) to obstruct or prevent the passage of vehicles or of the public on foot along
the road;
(b) to obstruct or prevent normal access to premises adjoining the road; or
(c) to prevent any person from having access to any works of that person
under, in, on, over, along or across the road.
(3) A council may, with the consent of the Department for Regional
Development, sell, let or otherwise dispose of any structure placed by it in a road
under this section to any other person.
Power of Department to address social need
Power of Department to provide financial assistance
25
4.—(1) Article 3 of the Social Need (Northern Ireland) Order 1986 (power of
Department to provide financial assistance) is amended as follows.
(2) For paragraph (1) substitute—
“(1) The Department may provide financial assistance to any person
doing or intending to do anything falling within paragraph (2) which
benefits one or more areas of social need.”.
30
(3) In paragraph (2) for “the district” substitute “an area of social need”.
PART 2
DEVELOPMENT POWERS AND OTHER POWERS FOR PLANNING
PURPOSES
Development and other powers of councils
35
Development schemes of councils
5.—(1) Where a council considers it expedient that any area in its district should
be developed, redeveloped or improved as a whole the council may prepare a
development scheme for the area.
(2) Where the Department considers that—
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(a) it is expedient that any area in the district of a council should be
developed, redeveloped or improved as a whole,
(b) the development, redevelopment or improvement will be of significance to
the whole or a substantial part of Northern Ireland, and
(c) it is not appropriate or expedient for the development, redevelopment or
improvement to be carried out under Part 7 of the Planning Order,
the Department may direct the council to prepare a development scheme for the
area.
(3) A development scheme under this section shall—
(a) define, by reference to a map, the area of the scheme; and
(b) indicate in general terms the manner in which it is intended that the area
should be laid out and the land therein used.
(4) In preparing a development scheme a council must have regard to—
(a) the regional development strategy; and
(b) the council’s current community plan (within the meaning of section 78(1)
of the Local Government Act (Northern Ireland) 2014).
(5) A development scheme prepared by a council has no effect unless adopted
by the council in accordance with section 6.
20
(6) It is the duty of a council to comply with any direction given to it under
subsection (2).
Adoption of development schemes by councils
25
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40
6.—(1) Where it has prepared a development scheme, a council shall submit the
scheme to the Department and—
(a) shall consider any comments notified to the council by the Department or
any other Northern Ireland department within the period of 28 days from
the date on which the scheme is submitted or such longer period as the
Department may direct; and
(b) may, if it thinks fit, amend the scheme.
(2) The council shall then publish in two successive weeks in one or more
newspapers circulating in the locality to which the scheme relates a notice—
(a) describing the area to which the scheme relates and referring to the
preparation of the scheme;
(b) specifying the place at which copies of the scheme may be inspected at
reasonable times; and
(c) stating the time (not being less than 28 days from the last of the
publications of the notice) during which objections to the scheme may be
sent to the council.
(3) If—
(a) no objections are made to a development scheme, or
(b) all objections to a development scheme are withdrawn,
the council may, subject to subsection (5), by order adopt the scheme with or
without amendment.
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(4) If objections made to a development scheme are not withdrawn the council
shall, unless it considers them to be solely of a frivolous or vexatious nature—
(a) cause a public local inquiry to be held by the planning appeals
commission, and
(b) consider any objections not withdrawn and the report of that commission,
and may, subject to subsection (5), thereafter by order adopt the scheme with or
without amendments.
(5) A council shall not adopt a scheme under subsection (3) or (4) unless the
scheme has been submitted to, and approved by, the Department.
10
(6) A council may at any time prepare amendments to so much of an adopted
development scheme as relates to the manner in which the area of the development
scheme is to be laid out and the land therein used.
(7) Section 5 and (5) and subsections (1) to (5) above apply in relation to such
amendments to a scheme as they apply in relation to the original scheme.
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Acquisition of land by councils for planning purposes
7.—(1) A council may, by agreement or compulsorily, acquire any land in its
district where it is satisfied—
(a) that the land is required in connection with a development scheme;
(b) that it is expedient in the public interest that the land should be held
together with land so required;
(c) that the land is required for development or redevelopment, or both, as a
whole for the purpose of providing for the relocation of population or
industry or the replacement of open space in the course of the
redevelopment or improvement of another area in its district as a whole; or
(d) that it is expedient to acquire the land for a purpose which it is necessary to
achieve in the interests of the proper planning of an area in which the land
is situated.
(2) Where the council acquires a lesser estate than a fee simple in any land
under section 196 of the Planning Act (Northern Ireland) 2011, the council may by
agreement or compulsorily acquire such estates in the land as it considers
expedient in the public interest.
(3) A council shall not acquire any estate in Crown land under this section
unless—
(a) it is an estate which is for the time being held otherwise than by or on
behalf of the Crown; and
(b) the appropriate authority consents to the acquisition;
and “appropriate authority” and “Crown land” are to be construed in accordance
with section 212 of the Planning Act (Northern Ireland) 2011.
(4) Proceedings for the acquisition of land in connection with a development
scheme may be taken concurrently (so far as practicable) with proceedings
required by section 6 to be taken in connection with the adoption of the
development scheme; but a vesting order vesting any such land in the council shall
not be made until the development scheme has been adopted.
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5
(5) In determining whether to make a vesting order on the application of a
council, the Department may disregard any objection to the proposed order which,
in the opinion of the Department, amounts in substance to an objection to the
provisions of the local development plan defining the proposed use of that or any
other land.
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(6) In this Part any reference to the acquisition or appropriation of land for
planning purposes is a reference to—
(a) its acquisition under this section; or
(b) its appropriation under section 96(6) of the Local Government Act
(Northern Ireland) 1972 for any purpose mentioned in subsection (1).
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(7) In this section, in relation to any area—
“re-location of population or industry” means the rendering available
elsewhere than in that area (whether in an existing community or a
community to be newly established) of accommodation for residential
purposes or for the carrying on of business or other activities, together
with all appropriate public services, facilities for public worship,
recreation and amenity, and other requirements, being accommodation
to be rendered available for persons or undertakings who are living or
carrying on business or other activities in that area and whose continued
or resumed location in that area would be inconsistent with the proper
planning of that area;
“replacement of open space” means the rendering of land available for use
as an open space, or otherwise in an undeveloped state, in substitution
for land in that area which is so used.
Disposal of land held by councils for planning purposes
35
8.—(1) Where any land acquired or appropriated by a council for planning
purposes is for the time being held by that council for those purposes, the council
may dispose of the land to such person as may appear to it to be expedient in order
to secure—
(a) the best use of that or other land and any buildings or works which have
been, or are to be, erected, constructed or carried out on thereon, whether
by the council or by any other person, or
(b) the erection, construction or carrying out on the land of any buildings or
works appearing to the council to be needed for the proper planning of the
area in which the land is situated.
40
(2) On the termination of any tenancy of any premises let by a council under
this section, possession of the premises may (without prejudice to any other
method of recovery) be recovered by the council in a summary manner under
Articles 67 to 74 of the Magistrates’ Courts (Northern Ireland) Order 1981
whatever may be the rent or term of the tenancy.
30
Development of land held by councils for planning purposes
9.—(1) A council may erect or construct any building or carry out any work on
any land to which this section applies.
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(2) A council may enter into an agreement with any person for the development
of any land to which this section applies.
(3) A council may maintain, repair and generally manage any buildings or works
on land to which this section applies.
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(4) This section applies to any land which—
(a) has been acquired or appropriated by the council for planning purposes;
and
(b) is for the time being held by it for those purposes.
(5) The Department may by regulations make provision—
(a) requiring prescribed details of a proposed exercise by a council of its
powers under subsection (1) or (2) to be given to the Department in
prescribed cases; and
(b) where such notice is required to be given in any case, for prohibiting the
exercise by a council of its powers under those subsections in relation to
that case until the expiration of such period from the giving of the notice as
is prescribed.
(6) In subsection (5) “prescribed” means prescribed by regulations under that
subsection.
(7) Regulations under subsection (5) are subject to negative resolution.
20
Powers of council before acquisition of land for planning purposes
25
10. Where a council proposes to acquire land compulsorily under section 7, it
may, at any time after the date of the publication of the notice mentioned in
paragraph 2(a) of Schedule 6 to the Local Government Act (Northern Ireland)
1972 in relation to that land—
(a) enter into an agreement with any person for securing the disposal of the
land (in accordance with section 8) after that land has been acquired for
planning purposes;
(b) exercise the power under subsection (2) of section 9 in relation to the land
as if the land were land to which that section applies.
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40
Extinguishment by council of right of way over land held for planning
purposes
11.—(1) Where any land acquired or appropriated by a council for planning
purposes is for the time being held by that council for those purposes, the council
may by order extinguish any public right of way over the land where it is satisfied
that the extinguishment of the right of way is necessary for the proper
development of the land.
(2) Before making an order under this section, the council shall publish in at
least one newspaper circulating in the relevant area a notice—
(a) stating the general effect of the order;
(b) specifying a place in the relevant area where a copy of the draft order and
of any relevant map or plan may be inspected by any person at all
reasonable hours during a period of 28 days from the date of publication of
the notice; and
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(c) stating that, within that period, any person may by notice to the council
object to the making of the order.
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(3) Not later than the date on which that notice is so published, the council shall
serve a copy of the notice, together with a copy of the draft order and of any
relevant map or plan, on—
(a) any statutory undertaker having any cables, mains, pipes or wires laid
along, across, under or over any land over which a right of way is to be
extinguished under the order; and
(b) the operator of an electronic communications code network for the
purposes of which any electronic communications apparatus is kept
installed along, across, under or over any such land.
(4) The council may cause a public local inquiry to be held by the planning
appeals commission to hear objections to the proposed order.
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(5) After considering any objections to the order which are not withdrawn and,
where a public local inquiry is held, the report of the planning appeals
commission, the council may make the order either without modification or
subject to such modifications as it thinks fit.
(6) Where the council makes an order under this section the council shall
publish, in the manner specified in subsection (2), a notice—
(a) stating that the order has been made; and
(b) naming a place where a copy of the order may be seen at all reasonable
hours;
and subsection (3) shall have effect in relation to any such notice as it has effect in
relation to a notice under subsection (2).
(7) In this section “the relevant area”, in relation to an order, means the area in
which any land to which the order relates is situated.
(8) Where—
(a) an order is made under this section, and
(b) immediately before the date on which the order became operative there
was, under, in, on, over, along or across the right of way any electronic
communications apparatus kept installed for the purposes of an electronic
communications code network,
the operator of that network shall have the same powers in respect of that
apparatus as if the order had not become operative, but the council shall be entitled
to require the alteration of the apparatus.
(9) If the operator of an electronic communications code network—
(a) removes any electronic communications apparatus in circumstances in
which subsection (8) applies, and
(b) serves a notice on the council notifying the council of the removal,
the operator shall be entitled to recover from the council the expense of providing,
in substitution for the apparatus and any electronic communications apparatus
connected therewith which is rendered useless in consequence of the removal, any
electronic communications apparatus in such other place as the operator may
require.
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(10) Paragraph 1(2) of the electronic communications code (alteration of
apparatus to include moving, removal or replacement of apparatus) applies for the
purposes of subsections (8) and (9) as it applies for the purpose of that code.
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(11) Paragraph 21 of the electronic communications code (restriction on
removal of apparatus) applies in relation to any entitlement conferred by this
section to require the alteration, moving or replacement of any electronic
communications apparatus as it applies in relation to an entitlement to require the
removal of any such apparatus.
(12) Expressions used in this section which are defined in paragraph 1(1) of
Schedule 17 to the Communications Act 2003 have the meanings given there.
Power of council to require information as to estates in land
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12.—(1) The power in subsection (2) is exercisable by a council for the purpose
of enabling the council to make an order or issue or serve a notice or other
document which it is authorised or required to make, issue or serve by any
provision of this Chapter.
(2) The council may by notice in writing require—
(a) the occupier of any premises, and
(b) any person who, either directly or indirectly, receives rent in respect of any
premises,
to give in writing, within the period mentioned in subsection (3), such information
as to the matters mentioned in subsection (4) as may be specified in the notice.
(3) That period is the period of 21 days from the date on which the notice is
served, or such longer period as may be specified in the notice or as the council
may allow.
25
(4) The matters referred to in subsection (2) are—
(a) the nature of the estate in the premises of the person on whom the notice is
served;
(b) the name and address of any other person known to that person as having
an estate in the premises.
30
(5) Any person who, without reasonable excuse, fails to comply with a notice
served on that person under subsection (2) is guilty of an offence and liable on
summary conviction to a fine not exceeding level 3 on the standard scale.
35
(6) Any person who having been required by a notice under subsection (2) to
give any information knowingly makes any misstatement in giving that
information is guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2
years or a fine, or both.
Development schemes made by the Department
40
Development schemes made by the Department
13. For Article 85 of the Planning Order substitute—
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“Development schemes
85.—(1) Where the Department considers that—
(a) it is expedient that any area should be developed, redeveloped, or
improved as a whole,
(b) the development, redevelopment or improvement will be of
significance to the whole or a substantial part of Northern Ireland,
and
(c) it is not appropriate or expedient for the development,
redevelopment or improvement to be carried out under Part 2 of
the Regeneration Act (Northern Ireland) 2015,
the Department may, after consulting the appropriate district council,
prepare a development scheme for the area.
(2) A development scheme shall—
(a) define, by reference to a map, the area of the scheme; and
(b) indicate in general terms the manner in which it is intended that the
area should be laid out and the land therein used.”.
Interpretation
Interpretation of this Part
20
14.—(1) In this Part “the Planning Order” means the Planning (Northern
Ireland) Order 1991.
(2) In this Part the following expressions have the same meanings as in Part 7 of
the Planning Order—
“building”;
“buildings or works”;
25
“development”;
“erection” (in relation to buildings);
“regional development strategy”;
“road”;
“statutory undertaker”.
30
(3) In this Part any reference to the acquisition or appropriation of land for
planning purposes is to be construed in accordance with section 7(6).
PART 3
LAGANSIDE
Transfer to council of certain functions relating to Laganside
35
15.—(1) The Laganside Development (Northern Ireland) Order 1989 shall cease
to have effect.
(2) Schedule 1 confers on the council for the district of Belfast certain powers
formerly exercisable by the Department under that Order in relation to part of the
River Lagan.
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PART 4
GENERAL AND SUPPLEMENTARY
General
Surveys, studies, etc.
5
16. A council may carry out, or give financial assistance towards the carrying
out, of such surveys, studies, investigations and research as it considers
appropriate in connection with the exercise of its functions under this Act.
Guidance
10
17.—(1) The Department may, after consulting councils, issue guidance as to
the exercise by councils of their functions under this Act.
(2) In exercising any function under this Act a council shall have regard to any
guidance issued under this section in relation to the exercise of that function.
Supplementary
15
Powers to make orders under the Local Government Act in connection with
this Act
18. In section 124 of the Local Government Act (Northern Ireland) 2014 (power
to make provision in connection with reform of local government) in subsection
(2)(a) and (b) for “2015” substitute “2016”.
Regulations and orders
20
19. Regulations and orders made by the Department under this Act may contain
such incidental, supplementary, transitional and savings provisions as appear to the
Department to be necessary or expedient.
Interpretation
25
20. In this Act—
“council” means a district council;
“the Department” means the Department for Social Development;
“statutory provision” has the meaning given by section 1(f) of the
Interpretation Act (Northern Ireland) 1954.
Minor and consequential amendments and repeals
30
21.—(1) The statutory provisions set out in Schedule 2 have effect subject to the
minor and consequential amendments specified in that Schedule.
(2) The statutory provisions set out in Schedule 3 are repealed to the extent
specified in the second column of that Schedule.
Commencement
35
22.—(1) Except as provided by subsection (2), this Act comes into operation on
1st April 2016.
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(2) The following provisions come into operation on the day after Royal
Assent—
(a) sections 18 to 20;
(b) this section; and
(c) section 23.
Short title
23. This Act may be cited as the Regeneration Act (Northern Ireland) 2015.
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SCHEDULES
SCHEDULE 1
Section 15.
POWERS OF COUNCIL IN RELATION TO THE RIVER LAGAN
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1.—(1) In this Schedule—
“the harbour limits” means the limits for the time being of the jurisdiction of
the Belfast Harbour Commissioners under the Belfast Harbour Acts and
Orders 1847 to 2002;
“the river” means that part of the River Lagan between the Stranmillis Weir
and a line five metres down-stream of the seaward extremity of, and
parallel to, the Lagan Bridge;
“the council” means the council for the district of Belfast.
Power to execute works in relation to the river
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2.—(1) The council may execute such works in, on, across, over, alongside or
adjacent to the river as it considers appropriate for the purposes of—
(a) improving the quality of water in the river;
(b) improving the immediate environment of the river;
(c) promoting the recreational use of the river; or
(d) facilitating access to the river.
(2) In particular the council may—
(a) construct embankments, quays and footpaths alongside, or adjacent to, the
river;
(b) dredge, reclaim land from, and alter or divert the channel of, the river;
(c) operate, maintain, repair, alter, extend or remove any works executed
under this Schedule and any existing works; and
(d) provide such buildings, amenities, machinery, plant, apparatus and
appliances as it considers appropriate in connection with any works
executed under this Schedule and any existing works.
(3) In sub-paragraph (2) “existing works” means works in, on, across, over,
alongside or adjacent to the river which were executed at any time before the
coming into operation of this Schedule under the Laganside Development
(Northern Ireland) Order 1989 or any other statutory provision.
Construction of bridges, weirs, locks and barrages
35
3.—(1) The council may construct a bridge over, or weir, lock or barrage across,
the river.
(2) Before executing any works under this paragraph the council must take into
consideration the reasonable requirements of navigation on the river.
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(3) The reference in this paragraph to a bridge include reference to a road,
footway or railway over the bridge and to the approaches of any road, footway or
railway to the bridge.
Byelaws as to use of river and certain adjacent land
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4.—(1) The council may make byelaws—
(a) regulating the use of the river by vessels;
(b) requiring vessels using the river to be licensed for that purpose by the
council;
(c) regulating fishing in the river;
(d) requiring persons fishing in the river to obtain a permit for that purpose
from the council;
(e) regulating the grant, renewal and revocation of licences under paragraph
(b) and permits under paragraph (d), the conditions subject to which such
licences and permits are to be granted and prescribing the fees payable in
respect of the grant or renewal of such licences or permits;
(f) regulating the construction, condition, safety and control of vessels which
may use the river and the equipment to be carried on such vessels;
(g) regulating the movement of vessels, and the use of lights, on the river;
(h) for the levying by the council of charges in respect of the use of the river
or any service or facility provided by the council on the river or on land
adjacent to the river;
(i) for the removal by the council of vessels or objects from the river in such
circumstances as may be specified in the byelaws, the storage and disposal
by the council of vessels or objects so removed and the recovery by the
council of the costs of removal, storage and disposal;
(j) regulating the conduct of persons on the river or on land adjacent to the
river and vested in the council;
(k) prohibiting the erection of any structure in the river or on land mentioned
in paragraph (j) without the consent of the council;
(l) prohibiting the carrying on of any commercial activity on the river or on
any land mentioned in paragraph (j) without the consent of the council.
(2) Byelaws under this paragraph shall not apply in relation to—
(a) any part of the river within the harbour limits; or
(b) any land adjacent to any such part of the river.
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40
(3) In their application to byelaws under this paragraph sections 91 to 94 of the
Local Government Act (Northern Ireland) 1972 apply as if for any reference to the
Ministry concerned there were substituted a reference to the Department and the
Department of Agriculture and Rural Development acting jointly.
(4) The powers to secure the observance of byelaws made under this Schedule
which are conferred on an authorised officer of the council under section 93 of the
Local Government Act (Northern Ireland) 1972 include power—
(a) to board and inspect any vessel on the river; and
(b) to require any person suspected of contravening a byelaw to furnish his
name and address to the officer.
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(5) Section 94 of the Public Health Acts Amendment Act 1907 (licensing
powers of district council in relation to pleasure vessels and persons in charge
thereof) does not apply in relation to any vessel using the river.
Approval of Department of Agriculture and Rural Development
5
5.—(1) The council shall not execute any works under paragraph 2 unless those
works have been approved by the Department of Agriculture and Rural
Development.
(2) That approval may be given subject to such terms and conditions as that
Department thinks fit.
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Consultation with the Belfast Harbour Commissioners
6.—(1) It is the duty of the council before—
(a) executing any works under this Schedule within the harbour limits; or
(b) exercising any power conferred by this Schedule within the harbour limits,
to consult with the Belfast Harbour Commissioners and to take into account any
representations made to the council by the Commissioners so as to ensure that the
execution of those works or the exercise of those powers causes the minimum
interference to the property of the Commissioners or to the exercise by the
Commissioners of their functions.
(2) Sections 8 to 14 of the Belfast Port and Harbour Conservancy Act 1852
(control of works within the harbour limits) does not apply to the council or to
works executed under this Schedule.
Temporary interference with river
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7. The council may, so far as necessary for the purpose of or in connection with
the execution of any works under this Schedule—
(a) temporarily alter or interfere with the river and construct or place in the
river all such temporary works as it considers necessary or expedient;
(b) temporarily occupy and use the river;
(c) temporarily restrict or otherwise interfere with easements, fishing rights,
water rights, navigation rights or other similar rights.
Extinguishment of certain public rights
8.—(1) If the Department considers it necessary or desirable to do so in
connection with any works executed under this Schedule, the Department may, on
application to it by the council, make an order extinguishing—
(a) any public rights over or in relation to such part of the foreshore associated
with the river as is specified in the order;
(b) any public rights of navigation over such part of the river as is specified in
the order.
(2) Article 133(1) and (4) of, and Schedule 8 to, the Roads (Northern Ireland)
Order 1993 apply to an order under sub-paragraph (1) as they apply to an order
under Article 6 of that Order.
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SCHEDULE 2
Section 21.
MINOR AND CONSEQUENTIAL AMENDMENTS
The Planning Blight (Compensation) (Northern Ireland) Order 1981 (NI 16)
5
1.—(1) Article 3 is amended as follows.
(2) In paragraph (1)(j) after “Article 86 of the Planning Order” insert “or section
6 of the Regeneration Act (Northern Ireland) 2015”.
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(3) After paragraph (3) insert—
“(3A) In paragraph (1)(j) the reference to a development scheme
adopted under section 6 of the Regeneration Act (Northern Ireland) 2015
includes a reference to—
(a) a development scheme notice of which has been published under
section 6(2) of that Act;
(b) amendments to that scheme notice of which have been published
by virtue of section 6(7) of that Act.”.
(4) In paragraph (4) for “or (3)” substitute “, (3) or (3A)”.
The Planning (Northern Ireland) Order 1991 (NI 11)
2.—(1) In Article 87(8) for “appropriate” substitute “expedient in the public
interest”.
20
(2) In Article 87 at the end add—
“(11) In this Article “relocation of population or industry” and
“replacement of open space” have the same meanings as in section 7 of the
Regeneration Act (Northern Ireland) 2015.”.
(3) Omit Article 88.
25
The Planning Act (Northern Ireland) 2011 (c. 25)
3. In section 19(1)(c) (exclusion of certain representations) at the end add “or
sections 5 and 6 of the Regeneration Act (Northern Ireland) 2015”.
SCHEDULE 3
Section 21.
REPEALS
30
Short Title
35
Extent of Repeal
The
Laganside The whole Order.
Development
(Northern
Ireland) Order 1989 (NI 2)
The Planning (Northern Article 88.
Ireland) Order 1991 (NI 1)
16
Regeneration
The Planning Act (Northern In Schedule 6, paragraph 53.
Ireland) 2011 (c. 25)
17
SCH. 3
ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL SS‐15‐02 LEISURE SERVICES REPORT Report to: Services Committee Date: 14 January 2015 Agenda Item No. 6 Reporting Officer: Roger Wilson, Chief Executive DECISION ITEM 1.0
LETTER OF OFFER – ACTIVE COMMUNITIIES PROGRAMME 2015/16. Purpose Decisions Required: Members are asked to consider the content of the report and agree to:  That Members accept the offer from Sport NI for £291,739 to deliver Active Communities across the Armagh, Banbridge and Craigavon areas, in the 2015– 2016 financial year. 
Lead Officer 1.1
1.2
That the Active Communities Coaches’ employment contracts are extended in line with the funding from 1 April 2015 until 31 March 2016 with a possible extension thereafter subject to future funding. Stephen Fraser, Director of Leisure Services (Craigavon) Gerard Houlahan, Deputy Director of Recreation & Leisure (Armagh) Catriona Regan, Director of Leisure and Development (Banbridge) BACKGROUND By the end of March 2015 Active Communities will have seen a £1.3 million investment from Sport NI over a five year period. Year on year, the project has successfully increased participation in sport and physical activity amongst underrepresented groups across the Armagh, Banbridge and Craigavon Council areas. Craigavon Borough Council has acted as the Lead Partner and employs 9 full time multi‐sports coaches and physical activity leaders who deliver activities in a range of community, school and club settings. DETAIL A copy of the Letter of Offer for 2015 – 2016 is included at Appendix 1 for Members’ consideration with a request that this is signed and returned to Sport NI by the 30th of Page 1 of 3 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL January 2015. Upon receipt of the Armagh, Banbridge and Craigavon Council’s acceptance, Sport NI will issue Craigavon Borough Council with a ‘Permission to Proceed’ letter under the knowledge that this be assigned to the ABC Council on the 1 April 2015. There are 9 Active Communities Coaches employed to deliver the programme and Sports Development has been liaising closely with the Human Resources Officers to ensure that the contracts of the coaches are extended upon receipt of the Permission to Proceed letter. In financial terms, this programme has budget provision, however should Council reject the Letter of Offer; the estimated total redundancy payment to terminate the programme will be £30,000. The Active Communities Programme has had a tremendous track record to date. Since its inception in April 2010, it has engaged with 30,000 participants and has had 336,177 participant opportunities realised meaning that all targets set have been exceeded. This has meant that participation in sport and physical activity, amongst females, older people and people with a disability has significantly increased. The Armagh, Banbridge and Craigavon Active Communities consortium has been tasked with delivering on the objectives below for the 2014/15 year. 1.3 Key Performance Indicator Target 2014‐15 6 Month position Total Number of Participants 12,363 8,043 Number of participants who are Female 6,800 4,381 Number of participants with a Disability 1,854 1,071 Number of participants who are aged over 50 1,397 702 Total number of delivery hours 5,338 2,724 DECLARATIONS OF INTEREST Officers are not aware of any declaration of interest in relation to this matter. 1.4 RECOMMENDATIONS It is recommended that:‐  That Members accept the offer from Sport NI for £291,739 to deliver Active Communities across the Armagh, Banbridge and Craigavon areas, in the 2015– 2016 financial year. Page 2 of 3 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL 
That the Active Communities Coaches’ employment contracts are extended in line with the funding from 1 April 2015 until 31 March 2016 with a possible extension subject to future funding. Page 3 of 3 APPENDIX 1
Annex 1
Active Communities – Moving Forward
Funding breakdown for 01 April 2015 – 31 March 2016
Eligible Costs
2015 -16
Salary
£260,564
CPD
£3,000
Equipment
£5,000
Travel
£23,175
Total
£291,739
Annex 2
2015/16 Targets against Key Performance Indicators
Key Performance Indicator
1. Total number of Full Time Equivalent Coaches
Target
9
2. Total number of Participants
12,363
3. Total number of Participants that are Female
6,800
4. Total number of Participants that have a Disability
1,854
5. Total number of participants that are Older People
1,397
6. Total number of Hours
5,338
ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL SC‐15‐03 ENVIRONMENTAL SERVICES REPORT Report to: Services Committee Date: 14 January 2015 Agenda Item No. 7 Reporting Officer: Roger Wilson, Chief Executive DECISION ITEMS 1.0
PROPOSED FEES FOR GOODS AND SERVICES ASSOCIATED WITH WASTE MANAGEMENT AND MUNICIPAL CEMETERY FUNCTIONS Purpose Decision(s) Required: Members are asked to approve the proposed fees for goods and services associated with waste management and municipal cemetery functions as detailed in Appendix 1 to apply across the new Council area from 1 April 2015 (with the inclusion of an inflationary increase to be determined in due course by the Finance Department). Lead Officer David McKee (Armagh), David Lindsay (Banbridge) and Lorraine Crawford (Craigavon) 1.1
BACKGROUND The Technical Services departments of the three legacy Councils deliver a number of key waste management and cemetery services, for which charges are levied. These have evolved in each of the legacy councils over a number of years based upon a mixture of varying criteria and priorities, some leading to full cost recovery and others leading to only partial cost recovery. Over time, the new Council will inevitably wish to examine in some more detail the rationale for deriving various fees and the extent to which services they relate to should be delivered on a full or partial cost recovery basis, not least in the context of the Council’s overall prevailing budgetary position. However, for the immediate future there is a pressing need to agree a unified charging scheme for services across the new Council area from 1 April, 2015. Page 1 of 10 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL 1.2
DETAIL Officers have examined the different fees and charges currently applied in Armagh, Banbridge and Craigavon and calculated proposed harmonised ones that would need to be applied across the new Council area, to ensure that the overall income levels derived during the forthcoming financial year would remain the same (based upon the prevailing volume of goods and services delivered). The recommended fees ensure that in the immediate term, several key outcomes are achieved: 
Equity in the charges levied upon constituents across the entire new council area; 
Continuation of full cost recovery for commercial waste management services and incentivising recycling by commercial customers; 
Continuation of partial subsidisation of municipal cemetery services 
A budget neutral position for the forthcoming financial year. The table at Appendix 1 sets out the fees currently applicable in each of the 3 legacy Councils and proposed harmonised fees for the new Council. Members are asked to note that officers have estimated the average number of burials per year in Council owned cemeteries to be as follows – Armagh Banbridge Craigavon 1.3
30 burials per year 120 burials per year 280 burials per year DECLARATIONS OF INTEREST Officers are not aware of any declarations of interest in relation to this item. 1.4
RECOMMENDATION It is recommended that Members approve the recommended fees for goods and services associated with waste management and municipal cemetery functions as detailed in Appendix 1 to apply across the new Council area from 1 April 2015 (with the inclusion of an inflationary increase to be determined in due course by the Finance Department). Page 2 of 10 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL 2.0
WASTE MANAGEMENT STRATEGY DEVELOPMENT Purpose Decision(s) Required: Members are asked to approve the proposed way forward in the development of a Waste Management Strategy for the new Council and agree that from 1 April 2015 the existing waste management arrangements remain in place across the three legacy Council areas until such times as changes are made under the new strategy. Lead Officer David McKee (Armagh), David Lindsay (Banbridge) and Lorraine Crawford (Craigavon) 2.1
BACKGROUND It is recognised and evidenced within the Armagh, Banbridge and Craigavon District Council draft Corporate Plan that the development of a Waste Management Strategy will be an early priority for the New Council, given the strategic significance of waste management and recycling, both in terms of financial liabilities and environmental stewardship. The combined expenditure of the three Councils on waste management (including waste processing) represents more than 25% of the total combined budgeted nett operating expenditure for 2014/15, with the waste processing element accounting for 16% of the total expenditure. Considerable challenges will be faced in moving the new Council’s recycling rates to the statutory target level of 50%. It is therefore essential that the right systems and service models are implemented to efficiently and effectively deliver the desired waste management outcomes. Although it may be desirable to have uniform service delivery across the the new Council, this may not be the most practicable or the best solution as in terms of recycling, one size does not fit all. Studies carried out by WRAP (Waste Resource Action Programme) in 2009 indicated that as levels of deprivation and population density increases, the level of dry recycling decreases. The socio‐democratic and geographic make up of the new Council is varied with Craigavon having 5 of the top 100 Super Output Areas of Multiple Deprivation, whilst Armagh and Banbridge have none. In terms of rural deprivation, only Keady is listed within the top 20 most deprived rural areas. (NI Multiple Deprivation Measure 2010 report). Page 3 of 10 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL These factors will have to be considered when drafting the waste management strategy for the new Council. 2.2 DETAIL 2.2.1 Waste Management Strategy Guiding Principles Members will be aware that the three legacy Councils have different approaches to recycling services with currently different contractual commitments, infrastructures and service models in place. It should also be noted that 440 properties will be transferring into the new Borough from Mid Ulster Council. Although initially serviced by Mid Ulster Council under a Service Level Agreement, provision will have to be made to integrate these properties into the new Council and its systems, effectively and efficiently. Appendix 2 provides a short summary of the waste management infrastructure, service models and contracts that are currently in place across the three areas. These differences will result in barriers to service integration in the short term but there are a number of guiding principles which will be at the core and shape any waste management proposals brought forward by officers. Any new strategy will have to take cognisance of the legal and practical constraints on complete harmonisation across the entire new District. However, notwithstanding this, it is proposed that the new strategy will be shaped by the NI Waste Management Strategy “Towards Resource Efficiency” which advocates moving from resource management to resource efficiency i.e. using resources in the most effective way whilst minimising the impact of their use on the environment and will encompass the following guiding principles:  Promote waste prevention and the use of waste as a resource  Promote and acknowledge waste’s contribution to the green economy and social enterprise.  It will be a key contributor to the Council’s statutory duty to promote sustainable development.  It will seek to lead the way on sustainable waste and recycling services, serving as an exemplar to others.  It will seek to maximise the ‘front end’ segregation of reusable and recyclable waste for supply into the reuse and recycling markets, and minimise the amount of residual waste that is either landfilled or sent for energy recovery.  It will promote service delivery models that offer the best chance of achieving the twin aims of efficiency (lowest cost) and effectiveness (maximum recycling gain). It is anticipated that the strategy will set out short, medium and longer term goals and that changes to service models and infrastructure will be graduated over a period Page 4 of 10 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL of time (as practical and legal constraints dictate), until ultimately the Council’s preferred waste and recycling model can be applied across the entire new District. 2.2.2 Timeframe Officers across all 3 Councils continue to collaborate, analysing policy, systems and data to see where early integration of services can be implemented and it is proposed that a draft strategy could be prepared by September 2015, with the aim of adopting a final strategy by November 2015. In advance of this an options appraisal process would be undertaken, aimed at carefully weighing up the evidence base for change and allowing stakeholders to consider all of the relevant issues. 2.3 DECLARATIONS OF INTEREST Officers are not aware of any declarations of interest in relation to this item. 2.4
RECOMMENDATION Members are asked to approve the proposed way forward in the development of a Waste Management Strategy for the new Council and agree that from 1 April 2015 the existing waste management arrangements remain in place across the three legacy Council areas until such times as changes are made under the new strategy. INFORMATION ITEMS 3 RECYCLING PERFORMANCE Lead Officer David McKee (Armagh), David Lindsay (Banbridge) and Lorraine Crawford (Craigavon) 3.1 BACKGROUND This report is presented following a request at a recent Services Committee meeting for a briefing on the performance of the three Councils in regard to recycling and the current status of costs averted through recycling activities. Waste management is a key strategic issue for the new Council for two primary reasons: (1) Cost Waste management (including waste processing) costs account for at least 25% of the collective budgeted nett operating expenditure of the three Councils, with Page 5 of 10 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL the waste processing element of the costs accounting for approximately 16% (almost £7 million) of the combined expenditure. (2) Statutory Recycling Targets  There is currently a statutory 50% recycling target in place, which must be achieved by 2020.  The Revised Waste Management Strategy for Northern Ireland has set out intent to establish a new recycling target. Although the Minister has currently postponed an increase in the recycling target in the future there is the potential for a statutory 60% target.  The European Commission has now adopted a communication “Towards a circular economy: a zero waste programme for Europe”, which commits it to a Municipal Recycling target of 70% by 2030 and a ban on landfilling of recyclable waste by 2025. 3.2
RECYCLING STATUS 3.2.1 Municipal Waste Recycling Rate The latest provisional DoE statistics for the 2013/14 year set out the recycling performance of Northern Ireland Councils. Across the new Council area, close to 100,000 tonnes of local authority collected waste was produced with a combined municipal recycling rate of 46.2%. The new Council’s municipal recycling rate therefore currently falls short of the existing target and although the 2020 statutory target of 50% is within striking distance, something of a ‘gear change’ will be required to move towards the planned future targets. However officers are confident that the 50% target can be achieved by 2020. 3.2.2 Recycling Savings Recycling of waste not only meets environmental protection objectives and conformity with associated statutory targets, it is also of significant benefit in terms of reducing waste management costs. The net saving per tonne( as opposed to landfilling) of dry recyclable waste that is captured for recycling at the kerbside is as high as £137.73 and for brown bin compostable waste it is as high as £67.85. These recycling ‘savings’ are significant, with the approximate costs averted through kerbside recycling and recycling centre/bring site recycling across the new council amounting to over £4 million, which is over 8% of budgeted nett operating expenditure for 2014/15. Page 6 of 10 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL The graphs below illustrate how the combined recycling rate across the new council area has changed over time as well as the increases in landfill tax that have been imposed by the Exchequer. These reveal two key points: 

Whilst there has been a fairly steady and continuous increase in the combined recycling rate over the past 10 years or so, this rise has begun to stagnate – and indeed the rate actually dipped last year for the first time. The accelerated rate of increase in landfill tax that commenced in 2007 has not been matched with a similar accelerated rise in the composite recycling rate across the new council area. This has resulted in an increase in the overall cost of waste processing to ratepayers. Landfill tax was introduced as an ‘environmental tax’ with the stated objective of incentivising recycling. However, as the rises in that tax have not been matched proportionately by rises in recycling, the scale of the financial burden of waste management upon the council and its constituents has escalated over the years. Page 7 of 10 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL 3.2.3 Future Strategy The environmental and financial cost implications of waste management will necessitate the strategic prioritisation of this area of service delivery by the new Council. Therefore development of a new Waste Management Strategy that reduces waste production and maximises recycling will be an early goal. 3.3
DECLARATIONS OF INTEREST Officers are not aware of any declarations of interest in relation to this item. 4.0
FUTURE OF SWaMP 2008 Lead Officers David McKee (Armagh), David Lindsay (Banbridge) and Lorraine Crawford (Craigavon) 4.1
BACKGROUND SWaMP2008 (Southern Waste Management Partnership) currently consists of the following 8 Councils – Armagh City and District Council Banbridge District Council Cookstown District Council Craigavon Borough Council Dungannon and South Tyrone Borough Council Fermanagh District Council Newry and Mourne District Council Omagh District Council The body was initially formed as a voluntary joint Committee as a mechanism for the constituent Councils to fulfil their statutory responsibilities under the Waste and Contaminated Land (NI) Order 1997, for each district Council, to prepare a waste management plan. In 2008 the 8 Councils further agreed that, for the purpose of establishing an appropriate legal vehicle tasked with implementing the major procurement arrangements within the waste management plan, that they form a statutory joint Committee. This body was subsequently formed by statute in August 2008 by way of The Local Government (Constituting a Joint Committee, a Body Corporate) Order (Northern Ireland) 2008. Page 8 of 10 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL 4.2
DETAIL The current joint Committee was established under the Local Government Act (NI) 1972; this was repealed in the new Local Government Act which includes broadly equivalent provision for joint committee working and optional body corporate status. The existing body corporate legislation for SWaMP2008 lists the constituent Councils of the joint Committee; these Councils will not exist from 1st April 2015. The new Councils need to decide whether they wish to establish new joint working structures for waste management and if so, what the status and membership of those structures should be, or whether each new Council will operate independently. Failing that the Department may direct on the matter. The Department of Environment has written to the Chief Executives of the 11 new Councils, seeking views on future working arrangements for local government waste management. This letter suggests a number of possible future delivery options, but points out that Options 2 and 4 are not deliverable prior to April 2015 as they require new primary legislation. These Options are as follows 1.
Voluntary Establishment by all Councils of a single waste disposal authority 2.
Mandatory establishment of a single Waste Authority 3.
Voluntary creation of either two or three joint Committees 4.
Mandatory creation of either two or three joint Committees 5.
No formal trans‐council waste management co‐operation. To date the views of the new Councils, to which some of the constituent SWaMP2008 Councils belong are as follows 
Mid Ulster Council has decided against a formal waste management arrangement, opting for the 5th option within the paper of No formal trans‐ Council waste management co‐operation. 
Newry and Down have yet to make a formal decision 
Fermanagh and Omagh have yet to make a formal decision. The Chief Officer and Technical Officer at SWaMP2008 were appointed by Armagh City and District Council and the Administrative Officer/PA to the CE was appointed by Dungannon and South Tyrone Council. If the dissolution of the Joint Committee is as a direct result of Local Government Reform, then these posts should be in the “ At Risk “ Category and will transfer into the new organisations on 1st April 2015. To enable the remaining constituent Councils make an informed decision of whether or not they wish to remain within a formal agreement some further information around staffing and the costs of dissolving SWaMP2008, is currently being obtained. Page 9 of 10 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL Members are asked to note the current position and further updates will be given as information becomes available. Page 10 of 10 Appendix 1
Fee
Cemeteries
Plot Purchase –
Resident/Non R
Plot Purchase
Memorial
Garden –
Resident/Non R
Grave Opening
– Resident/Non
R
Burial of
Cremated
Remains –
Resident/Non R
Burial of
Children Under
2 Years Old –
Resident/Non R
Exhumation –
Resident/Non R
Erection of
Headstone –
Resident/Non R
Burial Plot
Search –
Resident/Non R
Transfer –
Resident/Non R
Duplicate
Certificate –
Resident/Non R
Annual Plot
Maintenance –
Resident/Non R
Waste
Management
Armagh
(current)
(£)
Banbridge
(current)
(£)
Craigavon
(current)
(£)
ABC
Recommended
for 2015/16 (plus
inflationary rise)
(£)
175/350
230/460
236.50/605
225/533
105/130
105/130
160/325
380/760
209/484
241/578
85/135
85/100
92/184
78/137
80/162.50
85/100
50/50
78/137
325/325
380/380
380/380
85/135
95/110
1260/1260
(lawn
cemetery)
2798/2798
66/132
55/55
45/45
5-40/10-80
46/92
55/55
45/45
46/92
46/92
80/80
45/45
46/92
46/92
22.50/45
To Be Agreed
78/122
Household Bin
Purchase:
140 litre
Residual Waste
240 litre
30 delivered
Residual Waste
22 delivered
360 litre
Residual Waste
38 delivered
Recycling Bins
1st Free
Replacement
Charged
1st Free
Replacement
Charged
10
Free
Cost price
(currently £20) +
23 delivery
Cost price
(currently £22) +
23 delivery
Cost price
(currently £38) +
23 delivery
1st Free
Replacement
Charged
1st Free
Replacement
Charged
Free
10
Free
10
Recycling
Boxes
Composting
Unit
Bin Repairs:
Call out/fitting
charge
Lid
Axel
Wheels
Bulky
Collection
Commercial
Waste
Kerbside
Collection:
140 litre
240 litre
360 litre
660 litre
1100 litre
20 delivered
1st Free
Replacement
Charged (£5)
Free
Free
182
430
625
965
10
5
5
12/six items
39+5.80
delivery
7.10
7.10
5/three items
280.80
660.40
1034.80
7
2.50
3
6/three
items/max. twice
per year
162.50
296.00
519.50
682.50
1036.50
By Weight
Fixed annual
charge of 133.25
per set of 3
recycling bins +
recyclables
free/kg, residual
bins 0.42/kg
Bulky Collection
Commercial
Waste Recycling
Centre/Civic
Amenity Site:
Bag
Bin
Car & Trailer
Small Van
Large Van
Van & Trailer
By Weight
Minimum £20
call, £45 per
hour plus
£112 per
tonne
2
Free
recyclables
25/m3
Free
recyclables
25/m3
Free
recyclables
25/m3
Free
recyclables
3.15 residual
0.25 recyclables
9.45 residual
0.70 recyclables
70.86 residual
5.63 recyclables
70.86 residual
5.63 recyclables
2.30
Free
recyclables
7.00
34.80
Free
recyclables
46.00
Free
recyclables
25/m3
Free
recyclables
94.50 residual
7.50 recyclables
69.00
Free
recyclables
25/m3
Free
recyclables
141.75 residual
11.26 recyclables
92.00
Free
recyclables
0.42/kg residual
Free recyclables
3.15 residual
Free
recyclables
9.45 residual
Free
recyclables
21.00 residual
Free
recyclables
21.00 residual
Free
recyclables
52.92 residual
Free
recyclables
78.54 residual
Free
recyclables
0.42/kg
residual
Free
recyclables
Appendix 2 Existing Waste Infrastructure and Service Models Within Armagh, Banbridge and Craigavon Councils Armagh City and District Council 1. Kerbside Waste and Recycling Collection Services The Council services 22,298 households throughout the City and District. 22,298 households receive a black bin fortnightly collection for residual waste and a weekly collection of dry recyclables using kerbside boxes. 72% of properties, mainly urban, receive a fortnightly brown bin collection service for garden and food waste. 28% of rural properties, which have no brown bin collection service, receive a weekly food waste collection service which is provided along with the kerbside recycling service. 2. Four recycling centres at Armagh, Keady, Markethill and Tandragee are provided for household and commercial use. 3. Two recycling points and 20 recycling ‘on the go’ points are provided across the City and District. 4. The black and brown bin collection service is provided by the Council workforce. The kerbside recycling and food waste collection service is outsourced. 5. The following major waste contracts are currently in place:  Kerbside dry recyclables and food waste collection service ‐ Bryson Recycling Ltd., 8 year contract expiring 2021.  Biowaste processing – Natural World Products ( awarded and administered through SWaMP2008) Expiry date Jan 2016, possible extension up to 2yrs.  Residual waste processing – interim non‐contractual service provided by Natural World Products following closure of Lisbane landfill site (operated by Quinn Environmental). Arrangements in progress for formal tender award. Banbridge District Council 1. Kerbside Waste Collection Services The Council operates a universal three bin collection service for all households (approximately 19,000) across the entire District.  The black bin (collected fortnightly) is provided for residual, non‐
recyclable waste.  The green bin (collected fortnightly) is provided for mixed dry recyclable wastes. This bin is provided with an insert caddy for the separation of glass bottles and jars from other mixed dry recyclable waste by householders.  The brown bin (collected fortnightly), is provided for all compostable waste. It is supplied with a small kitchen food waste caddy to facilitate transfer of food waste to the brown bin.  The council is currently trialling an alteration to the kerbside bin service model, involving a change to a four weekly black bin collection frequency, coupled with the two weekly collections of both recycling (brown and green) bins. The objective of this is to encourage greater use of the recycling bin capacity by all householders and a reduction in the use of the residual waste bin. 2. Three community recycling centres are provided across the district (Banbridge, Dromore and Rathfriland) for use by both householders and commercial users. 3. 19 recycling points are provided across the district with banks for deposit of a range of recyclable materials. 4. All waste collection services are provided in‐house by Council direct labour force. 5. The following major waste contracts are currently in place:  Mixed dry recyclables processing ‐ ReGen Waste Ltd. (awarded through SWaMP2008). Expiry date July 2016, with possible extension up to 2yrs.  Biowaste processing ‐ Natural World Products (awarded through SWaMP2008). Expiry date Jan 2016, with possible extension up to 2yrs.  Residual waste processing – ReGen Waste Ltd. 5 year contract, expiring August 2018, with possible extensions of up to 4 years in two year blocks. Craigavon Borough Council 1. Kerbside Waste Collection Services 
Residual waste and mixed dry recyclables are collected from 42, 000 households on a fortnightly basis, using 240 litre bins. Residual waste is collected in a blue bin and mixed dry recyclables in a green bin. 
Brown bins, for organic waste are collected from 37,500 households fortnightly. Small 5 litre kitchen caddies are also supplied. 
3000 households have a 25litre caddy for food waste, which is collected weekly.  1500 properties scheduled to receive a 25litres food caddy. 2. Two household recycling centres are located at Fairgreen, Portadown and New Line, Lurgan. 3. 20 recycling points are provided across the Borough, for various recyclable materials. 4. All waste collections are provided in house by Council direct labour force. 5. The following major waste contracts are currently in place:  Mixed dry recyclables processing – ReGen Waste Ltd. (awarded through SWaMP2008). Expiry date July 2016, with possible extension up to 2yrs.  Biowaste processing – Natural World Products (awarded through SWaMP2008). Expiry date Jan 2016, with possible extension up to 2yrs.  Residual waste with NWP. Tender expired. Currently tendering with Armagh City and District. ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL SC‐15‐04 ENVIRONMENTAL HEALTH REPORT Report to: Services Committee Date: 14 January 2015 Agenda Item No. 8 Reporting Officer: Roger Wilson, Chief Executive DECISION ITEMS 1.0
DOG CONTROL ENFORCEMENT POLICY Purpose Decision(s) Required: Members are asked to consider the content of the report and agree to the proposed Dog Control Enforcement Policy as detailed in Appendix 1. Lead Officer Seamus Donaghy (Armagh), Gillian Topping (Banbridge) Audrey McClune (Craigavon) and Martina McNulty (Southern Group Environmental Health Committee) 1.1
BACKGROUND One of the main functions of the Council’s dog control service is to act as a regulator and enforce a large range of legal duties and powers applied by Regulations and Orders. The new Council will have approximately 1600 Dogs licensed annually. The control of dogs is governed by the Dogs (Northern Ireland) Order 1983 as amended by the Dangerous Dogs (Northern Ireland) Order 1991 and the Dogs (Amendment) Act (Northern Ireland) 2011); the Litter Order 1994 (as revised); any Dog Control Order(s) designated under The Clean Neighbourhoods and Environment Act (NI) 2011 and The Welfare of Animals (Dog Breeding Establishments and Miscellaneous Amendments) Regulations (NI) 2013. The Dogs Order provides for licensing of dogs by District Councils and the registration by District Councils of guard dog kennels and breeding establishments. The legislation sets out provisions with respect to control of dogs, stray dogs and makes it an offence to attack a person or to worry livestock. Page 1 of 6 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL The 1991 Order designates certain types of dogs that it is an offence to breed from, sell or exchange. The Dogs (Amendment) Act 2011 updates the 1983 Order and introduces provisions which make micro chipping of most dogs compulsory, gives powers for officers to attach control conditions to a dog licence for problem dogs and makes it an offence to have a dog that attacks and injures another person’s animal. Dog fouling is currently governed by the Litter Order 1994 (as amended) or The Clean Neighbourhoods and Environment Act 2011 where a Fouling on Lands Order has been designated. In some cases the fixed penalties are dependent on certain designations or control orders being made by the Councils (distribution of printed matter, alarm notification areas, dog control orders). Armagh and Craigavon have already implemented Fouling of Lands Orders and further proposals to implement Dog Control Orders in the new Council area will be considered at a later date. When an enforcement officer witnesses an offence they must make decisions on the most appropriate action to take. 1.2 DETAIL The Enforcement Policy outlines action to be considered for first, second and recurring offences. Decisions will be made by Council Officers on whether to take no action; issue an informal warning; impose appropriate control conditions; issue a Fixed Penalty Notice (FPN); issue a simple caution; instigate legal proceedings for the offence or an appropriate combination of any of the foregoing in accordance with the scheme of delegated powers and authorisations approved by Council. Subject to Council approval this policy will be reviewed annually and following any change to or introduction of dog control legislation. The Dog Control Enforcement Policy will require to be effective from April 2015. Armagh, Banbridge and Craigavon have integrated the software which records all dog control activities enabling a consistent approach in service delivery across the new Council area. It is proposed that a draft Dog Control Service Plan be prepared by April 2015. A copy of the Proposed Dog Control Enforcement Policy is attached at Appendix 1. 1.3 DECLARATIONS OF INTEREST Officers are not aware of any Declarations of Interest in relation to this item. Page 2 of 6 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL 1.4 RECOMMENDATION It is recommended that the Committee: Approve the Councils Proposed Dog Control Enforcement Policy as detailed in Appendix 1. 2.0
PROPOSED GENERAL ENFORCEMENT POLICY Purpose Decision Required: Members are asked to consider the content of the report and agree to:
Approve the proposed General Enforcement Policy as detailed in Appendix 2 with effect from 1 April 2015. Lead Officer Seamus Donaghy (Armagh), Gillian Topping (Banbridge) Audrey McClune (Craigavon) and Martina McNulty (Southern Group Environmental Health Committee) 2.1
BACKGROUND Councils are required by the Regulators Compliance Code to publish a policy setting out their approach to compliance and enforcement. This is an important document for regulators in meeting their responsibility under the statutory principles of good regulation to be accountable and transparent about their activities. The primary function of local government regulatory activity is to protect the public, the environment and groups such as consumers, residents and tenants, workers and businesses. However, it is important that enforcement functions are carried out in an equitable, practical and consistent manner, and that those subject to regulation and those on whose behalf enforcement is carried out are aware of the Council’s policy on enforcement. The purpose of the General Enforcement Policy is to create a single overarching policy that encompasses the key factors and principles common to all aspects of enforcement undertaken by the Council including Planning, Environmental Health and Building Control. It commits the Council to good enforcement practice and establishes the framework by which we will ensure a fair and consistent approach to the way enforcement activities are undertaken. Often a decision about enforcement action has implications for many people, either directly or indirectly. We want our stakeholders to fully understand the actions that we take and see that we are consistent, transparent, accountable, proportionate and targeted in our approach. Page 3 of 6 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL 2.2
The Enforcement Policy is supported by service specific enforcement guidelines, procedures and documentation which set out in greater detail the enforcement practice in relation to those particular service areas. The Draft Enforcement Policy is attached at Appendix 2. DETAIL Whenever enforcement officers deal with matters that could constitute a criminal offence, and for which legal proceedings may be taken against an individual and / or a company, such allegations will be properly investigated. Officers have a range of investigatory powers given by law that may be deployed in their investigations. At the conclusion of an Officer’s enquiries, a decision will be made as to whether or not it is believed that an offence has in fact been committed, and, if this is the case, whether to deal with the matter informally, or whether to pursue a more formal course of action. There are a wide range of actions available to the Council in dealing with offences ranging from informal advice through to statutory legal notices, prosecutions, licence suspensions and revocations. In determining the most appropriate action to take, Officers will consider the circumstances of the incident and the Enforcement Policy. 2.3
2.4
DECLARATIONS OF INTEREST Officers are not aware of any Declarations of Interest in this item. RECOMMENDATION It is recommended that the Committee: Approves the General Enforcement Policy as detailed at Appendix 2 with effect from 1 April 2015. Page 4 of 6 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL 3.0
PROPOSED POLICY ON THE USE OF TEST PURCHASING Purpose Decision(s) Required: Members are asked to consider the content of the report and agree to: Approve the proposed Policy on the Use of Test Purchasing with effect from 1 April 2015 as detailed in Appendix 3. Lead Officer Seamus Donaghy (Armagh), Gillian Topping (Banbridge) Audrey McClune (Craigavon) and Martina McNulty (Southern Group Environmental Health Committee) 3.1
3.2
BACKGROUND Councils have a statutory duty to enforce a range of legislation relating to the sale of age‐restricted products. Councils are also required by certain statues to carry out a programme of enforcement action as a means to reduce the incidents of the sale of harmful or nuisance products to children and young people. The age‐restricted products currently within legislation enforced by the Council are tobacco and tobacco products, cigarette lighter refills containing butane and aerosol paint. DETAIL The Council can use a range of interventions to encourage compliance with relevant legislation such as the provision of information and resources to businesses, advisory visits, publicity work with trade bodies and the general public and a programme of enforcement action. The only reliable method of assessing the extent to which retailers and sellers are acting upon previous advice from the Council and complying with the relevant legislation so that harmful products are not sold to young people is by undertaking test purchasing . This Policy sets out Councils commitment to the use of test purchasing as part of a programme of enforcement action to ensure compliance with legislation controlling the sale of age‐restricted products, to reduce the level of offending and fulfilment of the Councils statutory duty. The Council is also likely to be required under a Service Level Agreement with the Public Health Agency to undertake test purchasing exercises annually to ensure compliance with relevant Tobacco legislation. Test purchasing is carried out by a child under the relevant age restriction relating to the specific product and under the care and supervision of an authorised Officer. An Page 5 of 6 ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL offence is only committed when an age‐restricted product is sold to a person under the stipulated age. In determining the most appropriate action to take when an offence is committed Officers will consider the circumstances of the incident and the General Enforcement Policy. A copy of the proposed policy is detailed at Appendix 3. 3.3
3.4
DECLARATIONS OF INTEREST Officers are not aware of any Declarations of Interest in relation to this item. RECOMMENDATION It is recommended that the Committee: Approves the Policy on the Use of Test Purchasing (Appendix 1) with effect from 01 April 2015 as detailed at Appendix 3. Page 6 of 6 Appendix 1 ARMAGH BANBRIDGE CRAIGAVON DISTRICT COUNCIL Document Reference Number: Title of Policy: Dog Control Enforcement Policy No of Pages 8 (including appendices): Version: 1.0 Issue Date: 01 April 2015 Policy Nominated Officer: Equality screened by: Martina McNulty and Seamus Donaghy Equality screening date: 6th December 2015 Amendment Version Issue Date: Sent out by: Environmental Health LRG Project Group Approved by: Roger Wilson Review Date: 01 April 2016 AMENDMENT RECORD SHEET Remove and destroy old pages. Insert new pages as indicated. Revision Page Date Description of Revision Number Number Revised 1.0 INTRODUCTION 1.1 The Council is committed to an approach in all enforcement decisions that is fair, gives a clear balance between enforcement and education, is consistent and where possible, related to common standards that protect the public. 1.2 The policy will be documented, reviewed and developed as necessary. 2.0 SCOPE 2.1 This policy relates to The Dogs (Northern Ireland) Order 1983 (as amended); the Litter Order 1994 (as revised); any Dog Control Order(s) designated under The Clean Neighbourhoods and Environment Act (NI) 2011 and The Welfare of Animals (Dog Breeding Establishments and Miscellaneous Amendments) Regulations (NI) 2013. It will be reviewed in the light of changes to and the introduction of appropriate new legislation. 3.0 DOG CONTROL 3.1 STRAY DOG(S) 3.1.1 It is the policy of Council where an offence has been committed under Article 22 and Article 31(2) with reference to Article 31(1) (b) or (c) of the Order to – 3.1.2 In the case of a 1st and 2nd offence within a 12 month period where a stray dog is identifiable by collar, collar plate and microchip. 3.1.3 The enforcing officer will make a reasonable attempt to reunite the dog to its keeper, where the dog can be reunited, and offer the keeper or other person in charge of the dog the opportunity of the discharge of any liability to conviction of the offence of straying by payment of a fixed penalty, and:‐ 3.1.4 Where it is not possible to reunite the dog bearing identification disc to the keeper, impound the dog, and charge the keeper or other person kennel costs and offer the keeper or other person in charge of the dog the opportunity of the discharge of any liability to conviction of the offence of straying by payment of a fixed penalty. 3.1.5 Consideration may be given to the attachment of appropriate control conditions(s) under Article 30B of the Order. 3.1.6 In the case of a 1st and 2nd offence where a stray dog is not identifiable by collar or collar plate and microchip: 3.1.7 Impound the dog, and charge the owner/keeper or other person kennel costs and offer the owner/keeper or other person in charge of the dog(s) the opportunity of the discharge of any liability to conviction of the offence of straying by payment of a fixed penalty. 3.1.8 Consideration may be given to the attachment of appropriate control condition(s) under Article 30B of the Order. 2 3.2 PERMITTING DOG(S) TO FOUL 3.2.1 In the case of a 1st and 2nd offence within a 12 month period ‐ 3.2.2 Where an offence has been committed under Article 4 of The Litter (Northern Ireland) Order 1994 or a Fouling On Lands by Dogs Order(s) designated under The Clean Neighbourhoods and Environment Act (NI) 2011 it is the policy of Council to offer the person in charge of the dog a fixed penalty notice offering them the opportunity to discharge any liability to conviction for the offence by payment of a fixed penalty. 3.3 DOG ATTACK ON PERSONS OR LIVESTOCK OR CERTAIN OTHER ANIMALS – Article 28 (1), (2) and Article 29 (1), (2). 3.3.1 The matter will be dealt with in line with the Council’s general Enforcement Policy. An appropriate officer with delegated powers will decide on the most appropriate action to be taken. This may include: no action taken, issue an informal warning, issue a simple caution or instigate legal proceedings for the offence(s). Where a prime‐facia case exists and sound statement of witness has been provided, attacks on persons will generally result in formal enforcement action The Council may decide not to take legal proceedings where the complaint has been withdrawn by the injured party. The following points will also be taken into consideration:‐ (1)The offending dog(s) have been destroyed. (2) Issue of Control conditions considered to be an appropriate sanction. 3.3.2 Consideration will be given to the attachment of appropriate control condition(s) under Article 30B of the Order. 3.4 DOG(S) NOT UNDER CONTROL ON CERTAIN ROADS AND LANDS 3.4.1 It is the policy of Council where an offence has been committed under Article 25 of The Dogs (Northern Ireland) Order 1983 (as amended); ‘Dogs on Lead’ or ‘Dogs on Lead by Direction’ Order(s) designated under The Clean Neighbourhoods and Environment Act (NI) 2011. 3.4.2 In the case of a 1st offence where a dog is not kept under control; not on a lead or placed on a lead by direction. 3.4.3 Advise the keeper of the dog regarding the legal requirements and may issue a verbal/written warning regarding the penalty for non‐compliance for a subsequent offence. 3 3.4.4 Consideration will be given to the attachment of appropriate control condition(s) under Article 30B of the Order. 3.4.5 In the case of a 2nd and 3rd offence within a 12 month period where a dog is not kept under control; not on a lead or placed on a lead by direction, 3.4.6 Offer the keeper or other person in charge of the dog, the opportunity of the discharge of any liability to conviction of the offence by payment of fixed penalty, and 3.4.7 Consideration will be given to the attachment of appropriate control condition(s) under Article 30B of the Order. 3.5 LICENSING OF DOGS 3.5.1 It is the policy of Council where an offence has been committed under Article 3 and 17 of the Dogs (Northern Ireland) Order 1983 (as amended) to – 3.5.2 In the case of a 1st offence where a dog is not licenced ‐ 3.5.3 Issue the keeper or other person in charge of the dog a warning letter requiring the Dog to be licenced with the Council within 7 days. If no licence is obtained on expiry of 7 day period, offer the person found to be keeping a dog without a licence the opportunity of the discharge of any liability to conviction of the offence by payment of a fixed penalty. 3.5.4 In the case of a 2nd and 3rd offence within a 12 month period where a dog is not licenced: 3.5.5 Offer the person found to be keeping a dog without a licence the opportunity of the discharge of any liability to conviction of the offence by payment of a fixed penalty for that offence and a notice to obtain a licence within a specified period. 3.6 DOG(S) NOT IDENTIFIED BY MICROCHIP 3.6.1 Refer to section 8: Licensing of Dogs. 3.7 CONTROL OF GREYHOUNDS 3.7.1 It is the policy of Council where an offence has been committed under sections 1 and 2 of the Control of Greyhounds, etc. Act (Northern Ireland) 1950 to ‐ 3.7.2 In the case of a 1st offence where an offence has been committed under Section 1 and 2. 3.7.3 Advise the keeper of the dog(s) regarding the legal requirements and issue a verbal/written warning regarding the penalty for non‐compliance for a subsequent offence. 4 3.7.4 In the case of a 2nd and 3rd offence within a 12 month period where greyhounds are not controlled and muzzled or more than two greyhounds are being exercised or led in a public place, 3.7.5 Advise the keeper of the dog(s) regarding the legal requirements and offer the keeper or other person in charge of the dog(s) the opportunity of the discharge of any liability to conviction of the offence of straying by payment of a fixed penalty 3.8 DOG CONTROL ORDERS (currently under review) 3.8.1 It is the policy of Council where an offence has been committed on lands which any ‘Dogs Exclusion’; Dogs on Lead’; ‘Dogs on Lead by Direction’ Order applies ‐ 3.8.2 In the case of a 1st offence where an offence has been committed in relation to any Dog Control Orders (Dogs on Leads; Dogs on Leads by Direction; Dogs Exclusion; Fouling on Lands) designated under The Clean Neighbourhoods and Environment Act (NI) 2011. 3.8.3 Advise the keeper or other person in charge of the dog regarding the legal requirements and further offences will be dealt with by issue of Fixed Penalty Notice. 3.8.4 In the case of a 2nd and 3rd offences within a 12 month period where an offence has been committed in relation to any Dog Control Orders (Dogs on Leads; Dogs on Leads by Direction; Dogs Exclusion; Fouling on Lands) designated under The Clean Neighbourhoods and Environment Act (NI) 2011. 3.8.5 Offer the keeper or other person in charge of the dog(s) the opportunity of the discharge of any liability to conviction of the offence of straying by payment of a fixed penalty. 3.8.6 A record of the offence and offenders name will be kept on the Council database. 3.8.7 Exemptions: Land held by the Department of Agriculture and Rural Development for the purpose of any of its functions under the Forestry Act (Northern Ireland) 2010 c. 10 (NI) is not subject to any of the above Dog Control Orders. 4.0 MISCELLANEOUS OFFENCES 4.1 These will be dealt with in accordance with general enforcement principles, as set out in the Council’s general Enforcement Policy. 5.0 RECURRING OFFENCES 5.1 It is the policy of Council to assess recurring offences under general enforcement criteria. The matter will be dealt with in line with the Councils general enforcement procedure. The Council will decide to take to take no further action, issue an informal warning, issue a simple 5 caution or instigate legal proceedings for the offence. The Council will use the appropriate range of enforcement actions as detailed in the Council’s general Enforcement Policy. 6.0 NON‐PAYMENT OF FIXED PENALTIES 6.1 Where a person has chosen the opportunity of the discharge of any liability for an offence under the Dogs (Northern Ireland) Order 1983 as amended, the Litter (NI) Order 1994 or the Control of Greyhounds etc. Act (Northern Ireland) 1950 by payment of a fixed penalty and has not paid the fixed penalty within the specified time period, the matter will be dealt with in line with the Councils General Enforcement Policy. The Council may also decide to take no action, issue an informal warning, issue a simple caution or instigate legal proceedings for the original detected offence. 7.0 BREACH OF CONTROL CONDITIONS 7.1 In the case of a 1st offence where a control condition has not been complied with, 7.1.1 Offer the keeper of the dog the opportunity of the discharge of any liability to conviction of the offence by payment of fixed penalty. 7.1.2 In the case of a 2nd offence within a 12 month period where a control condition has not been complied with, 7.1.3 Refer to Council’s General Enforcement Policy. 7.2. Failure to inform council of the transfer of ownership of a dog subject to control conditions 7.2.1 In the case of a 1st offence where an owner has failed to notify council of a transfer of ownership, 7.2.2 Offer the person subject to a control notice the opportunity of the discharge of any liability to conviction of the offence by payment of fixed penalty. 7.2.3 In the case of a 2nd offence within a 12 month period where an owner has failed to notify council of a transfer of ownership, 7.2.4 Refer to Council’s general Enforcement Policy. 8.0 POSSESSION OF AN ILLEGAL BREED – OFFENCES UNDER ARTICLE 25(A), 25(B) AND 25(C) OF THE DOGS (Northern Ireland) ORDER 1983 (as amended). 8.1 Where an Authorised Officer believes they have observed an illegal breed they should impound the dog by formal seizure or voluntary surrender and follow Operational Guidelines for dealing with such offences including obtaining legal opinion where necessary on the most appropriate course of action. 6 8.2 Consideration will be given to guidance issued by DARD on the Dogs Amendment (NI) Act 2011 in relation to the “exemption” process. The incident file will be referred to an appropriate Council Officer with delegated powers who will decide on the most appropriate action to be taken. 9.0 DOG BREEDING ESTABLISHMENTS 9.1 In the case of a 1st offence where a person is operating a dog breeding establishment without a licence under Regulation 4 of the Welfare of Animals (Dog Breeding Establishments) Regulations (NI) 2013. 9.1.1 Issue a warning letter in relation to legal requirements to licence and meet the standards required by Regulation. Formal action may be considered should standards be poor. 9.2 In case of further offences 9.2.1 The operator will be subject to formal enforcement under these regulations in accordance with the Councils General Enforcement Policy. For example, where on inspection by the Council the establishment does not or cannot meet the standards required by Regulations or the Council has refused the application 9.2.2 The range of enforcement actions as permitted in Part III of the Regulations depending on history of compliance will be considered in accordance with the Councils General Enforcement Policy. Consideration will be given to guidance issued by DARD. 10.0 CO‐OPERATION WITH OTHER COUNCILS 10.1 The Council will work with all other Councils to ensure consistency in enforcement of all dog related legislation. Where offences take place outside the area in which a dog is licensed, and where sufficient evidence is presented that would justify enforcement action, that Council shall consider the offence to have occurred within its jurisdiction and take the appropriate action as defined within this enforcement policy. 11.0 REVIEW 11.1 This policy will be reviewed annually and following any change to or introduction of dog control legislation. 12.0 RELATED DOCUMENTS 1. General Enforcement Policy 2. Clean Neighbourhoods Enforcement Policy 3. Animal Welfare Enforcement Policy 13.0 EQUALITY SCREENING FORM (to be attached as an appendix to all policies) 7 See attached. 14.0 DRAFT EQUALITY IMPACT ASSESSMENT AND OTHER IMPACT ASSESSMENTS Not applicable. 8 APPENDIX 1 Policy Screening Form Policy Scoping Policy Title: Dog Control Enforcement Policy Brief Description of Policy (please attach copy if available). Please state if it is a new, existing or amended policy. This is an enforcement policy for dog control. Intended aims/outcomes. What is the policy trying to achieve? The policy is to promote efficient and effective approaches to regulatory inspection and enforcement undertaken in regard to the Dogs (NI) Order 1983 (as amended), the Litter Order 1994 (as revised) and Dog Control Orders designated under The Clean Neighbourhoods and Environment Act (NI) 2011 and the Welfare of Animals (Dog Breeding Establishments & Miscellaneous Amendments) Regulations (NI) 2013 without imposing unnecessary burdens on those subject to regulation. Policy Framework Has the policy been developed in response to statutory requirements, legal advice or on the basis of any other professional advice? Does this affect the discretion available to Council to amend the policy? The policy sets an enforcement policy approach for the Council in the service area of Dog Control. The policy is reflective of a number of relevant guidance documents such as the Regulators Code, Code for Crown prosecutors, etc. Are any Section 75 categories which might be expected to benefit from the policy? If so, please outline. No. This policy will have no impact on equality. Who initiated or wrote the policy? (If Council decision, please state). Who is responsible for implementing the policy? Who initiated or wrote policy? Who is responsible for implementation? Environmental Health LRG Project All relevant service area Directors, Managers Group. and Officers. 9 Are there any factors which might contribute to or detract from the implementation of the policy (e.g. financial, legislative, other)? In certain circumstances, the Council may derogate from such statutory responsibilities to the extent that is permitted by law and is proportionate. Main stakeholders in relation to the policy Please list main stakeholders affected by the policy (e.g. staff, service users, other statutory bodies, community or voluntary sector, private sector). The business community e.g. dog breeders and the general public. Are there any other policies with a bearing on this policy? If so, please identify them and how they impact on this policy. The General Enforcement Policy. Available Evidence Council should ensure that its screening decisions are informed by relevant data. What evidence/information (both qualitative and quantitative) have you gathered to inform this policy? Specify details for each of the Section 75 categories. Section 75 category Evidence Religious belief N/A Political opinion N/A Racial group N/A Age N/A Marital status N/A Sexual orientation N/A Men and women generally N/A Disability N/A Dependants N/A Needs, experiences and priorities Taking into account the information gathered above, what are the different needs, experiences and priorities of each of the following categories in relation to this particular policy/decision? Section 75 category Needs, experiences and priorities Religious belief N/A Political opinion N/A Racial group N/A Age N/A Marital status N/A Sexual orientation N/A 10 Men and women generally Disability Dependants N/A N/A N/A Screening Questions 1. What is the likely impact on equality of opportunity for those affected by this policy for each of the Section 75 categories? Category Policy Impact Level of impact (Major/minor/none) Religious belief None None Political opinion None None Racial group None None Age None None Marital status None None Sexual orientation None None Men and women generally None None Disability None None Dependents None None 2. Are there opportunities to better promote equality of opportunity for people within the Section 75 categories? Category If yes, provide details If no, provide reasons Religious belief None None Political opinion None None Racial group None None Age None None Marital status None None Sexual orientation None None Men and women generally None None Disability None None Dependents None None 3. To what extent is the policy likely to impact on good relations between people of different religious belief, political opinion, or racial group? Category Details of Policy Impact Level of impact (major/minor/none) Religious belief None None Political opinion None None Racial group None None 4. Are there opportunities to better promote good relations between people of different religious belief, political opinion or racial group? Category If yes, provide details If no, provide reasons 11 Religious belief Political opinion Racial group None None None None None None Multiple Identity Generally speaking, people fall into more than one Section 75 category (for example: disabled minority ethnic people; disabled women; young Protestant men; young lesbian, gay and bisexual people). Provide details of data on the impact of the policy on people with multiple identities. Specify relevant s75 categories concerned. N/A Disability Discrimination (NI) Order 2006 Is there an opportunity for the policy to promote positive attitudes towards disabled people? N/A Is there an opportunity for the policy to encourage participation by disabled people in public life? N/A Screening Decision A: NO IMPACT IDENTIFIED ON ANY CATEGORY – EQIA UNNECESSARY Please identify reasons for this below This is a technical policy which sets out the principles of enforcement which will be followed. It has no bearing in terms of its likely impact on equality of opportunity or good relations for people within the equality and good relations categories. B: MINOR IMPACT IDENTIFIED – EQIA NOT CONSIDERED NECESSARY AS IMPACT CAN BE ELIMINATED OR MITIGATED Where the impact is likely to be minor, you should consider if the policy can be mitigated or an alternative policy introduced. If so, EQIA may not be considered necessary. You must indicate the reasons for this decision below, together with details of measures to mitigate the adverse impact or the alternative policy proposed. 12 C: MAJOR IMPACT IDENTIFIED – EQIA REQUIRED If the decision is to conduct an equality impact assessment, please provide details of the reasons. Timetabling and Prioritising If the policy has been screened in for equality impact assessment, please answer the following questions to determine its priority for timetabling the equality impact assessment. On a scale of 1‐3 with 1 being the lowest priority and 3 being the highest, assess the policy in terms of its priority for equality impact assessment. Priority criterion Rating (1‐3) Effect on equality of opportunity and good relations Social need Effect on people’s daily lives The total rating score should be used to prioritise the policy in rank order with other policies screened in for equality impact assessment. This list of priorities will assist the council in timetabling its EQIAs. Is the policy affected by timetables established by other relevant public authorities? If yes, please give details. Monitoring Effective monitoring will help the authority identify any future adverse impact arising from the policy. It is recommended that where a policy has been amended or an alternative policy introduced to mitigate adverse impact, monitoring be undertaken on a broader basis to identify any impact (positive or adverse). Further information on monitoring is available in the Equality Commission’s guidance on monitoring (insert link). Identify how the impact of the policy is to be monitored 13 Approval and Authorisation A copy of the screening form for each policy screened should be signed off by the senior manager responsible for that policy. The screening recommendation should be reported to the relevant Committee/Council when the policy is submitted for approval. Screened by Position/Job title Date Martina McNulty Group Chief EHO (SGEHC) 05 January 2015 Seamus Donaghy Head Of Environmental Health & Neighbourhood Services (Armagh) Approved by Position/Job Title Date Roger Wilson Chief Executive 06 January 2015 Please forward a copy of the completed form with policy attached to XXX Officer who will ensure that screening forms and policies are available on the Council website. This officer is also responsible for issuing reports on a quarterly basis on those policies “screened out for EQIA”. This allows stakeholders who disagree with this recommendation to submit their views. In the event of any stakeholder disagreeing with the decision to screen out any policy, the screening exercise will be reviewed. 14 Appendix 2 ARMAGH BANBRIDGE CRAIGAVON DISTRICT COUNCIL Document Reference Number: Title of Policy: General Enforcement Policy No of Pages 9 (including appendices): Version: 1.0 Issue Date: 01 April 2015 Policy Nominated Officer: Equality screened by: Martina McNulty and Gillian Topping Equality screening date: 14th November 2014 Amendment Version Issue Date: Sent out by: Environmental Health LRG Project Group Approved by: Roger Wilson Review Date: 01 April 2016 AMENDMENT RECORD SHEET Remove and destroy old pages. Insert new pages as indicated. Revision Number Page Number Date Revised Description of Revision 1.0 INTRODUCTION This document sets out what business and others can expect from Council regulatory services. We are committed to good enforcement policies and procedures. Authorised Officers will have due regard to any relevant legislation, formal procedures, mandatory guidance and codes of practice made under such legislation and will be guided in their work by the principles laid down in legislation and underpinning this policy. The services covered by this policy are set out in Appendix 1. Where necessary specific enforcement guidelines, procedures and documentation has been and will continue to be developed to support authorised officers making enforcement decisions and to ensure compliance with all statutory codes of practice and official guidelines. 1.1 What we mean by ‘Regulatory’ and ‘Enforcement’ Although these terms are not specifically defined in legislation: • ‘Regulatory’ encompasses the Council’s numerous powers and duties enabling the behaviour of individuals and/or organisations to be controlled in the public interest. • ‘Enforcement’ includes any action carried out in the exercise of, or against the background of, statutory powers and duties of regulation. This is not limited to formal enforcement action such as prosecution in the criminal Courts or the giving of Notices. It also includes, among other things, the inspection of premises for the purpose of checking compliance with regulations or conditions, requesting information for example details of landowners/occupiers and postal address, the imposition of conditions on any license, consent or similar formal permission, the issue of fixed penalty notices, the giving of Cautions and the making of applications to the Courts for Orders to control the conduct of individuals and/or organisations. 2.0 PURPOSE The purpose of this policy is to promote efficient and effective approaches to regulatory inspection and enforcement, which improve regulatory outcomes without imposing unnecessary burdens on business and others subject to regulation. Our enforcement role should involve actively working with all those subject to regulation, especially small and medium sized businesses, to guide and assist with compliance. This Policy has been developed with due regard to the Principles of Good Enforcement set out in the following guiding documents: • The Enforcement Concordat (March 1998) • The Regulators Code (July 2013) • The Code for Prosecutors revised in 2008 published by the NI Public Prosecution Service All enforcement activities, including investigations and formal actions, will be conducted in compliance with the Council’s statutory obligations. Council authorised officers will act within the scope of their delegated authority and with due regard to all relevant legislation, such as: 2  The Police and Criminal Evidence (NI) Order 1989  The PACE Order (Amendment) (NI) Order 2007  The Criminal Procedure and Investigations Act 1996  The Criminal Justice NI Order 1986  The Criminal Justice (NI) Order 1988  The Criminal Justice (Evidence etc.) (NI) Order 1988  The Criminal Justice (NI) Order 1994  The Criminal Justice (NI) Order 1996  The Criminal Justice (NI) Order 2004  The Human Rights Act 1998  The Regulation of Investigatory Powers Act 2000  The Criminal Justice and Police Act 2001  The Legislative and Regulatory Reform Act 2006  Section 75 of The Northern Ireland Act 1998  The Data Protection Act 1998 and  All associated Codes of Practice In certain circumstances, the Council may derogate from such statutory responsibilities to the extent that is permitted by law and is proportionate. A breach of the statutory responsibilities referred to above will not necessarily result in a decision not to take enforcement action. We will ensure that any decision to depart from relevant policy guidelines will be properly reasoned and based on material evidence. 3.0 SCOPE The primary function of local government regulatory activity is to protect the public, the environment and groups such as consumers, residents and tenants, workers and businesses. However, it is important that these enforcement functions are carried out in an equitable, practical and consistent manner, and that those subject to regulation and those on whose behalf enforcement is carried out are aware of the Council’s policy on enforcement. 4.0 POLICY DETAIL 4.1 Our Enforcement Principles Although not directly applicable in NI we aim to apply the principles of the Legislative and Regulatory Reform Act 2006 and the Regulators Code as follows: Regulatory activities should be carried out in a way, which is transparent, accountable, proportionate, targeted and consistent. The following paragraphs set out how we aim to make this happen in practice. 4.1.1 Transparent The Council will provide clear information and guidance on general compliance issues, individual compliance failures or any difficulties an individual may experience when trying to comply with the law. The onus does remain with individuals, businesses and organisations to comply with their legal obligations. 3 4.1.2 Accountable As a regulator, the Council will be accountable to the public for its actions. If someone is dissatisfied with the level of service provided, the Council welcomes comments on how that can be improved. 4.1.3 Proportionate, Targeted and Risk‐based In line with the codes referred to above, we will take account of the circumstances of the case and the response of those subject to regulation when considering action. We will direct resources to those who flout the law or act irresponsibly and take firm action against them, including prosecution where appropriate. 4.1.4 Consistent Enforcement We will carry out our duties in a fair, equitable and consistent manner. While authorised officers are expected to exercise judgement in individual cases and to treat each case on its own merits, we have arrangements in place to promote consistency. We support and will promote arrangements for effective liaison with other authorities and enforcement bodies through schemes such as the Home Authority Principle and Primary Authority Principle. 4.1.5 Helping Businesses and Others to Compliance – Supporting Economic Progress The effectiveness of legislation in protecting consumers, other businesses and the community depends crucially on the compliance of those regulated. We recognise that most people and most businesses want to comply with the law. We will, therefore, take care to help businesses and others meet their legal obligations without unnecessary expense. 4.1.6 Adopting Good Enforcement Procedures Guidance from an authorised officer will be put clearly and simply, explaining why any remedial work or action is considered to be necessary and over what time‐scale, and making sure that legal requirements are clearly distinguished from best practice advice. Such guidance will usually be confirmed in writing. 4.1.7 Working with Other Enforcement Agencies Some regulatory activity involves consultation with other agencies before deciding on the most appropriate course of action. If there is a shared enforcement role with other agencies, whenever possible our enforcement activities will be coordinated with these agencies. Wherever we have a statutory duty to report regulatory matters to another body or agency, we will have procedures in place to ensure that this will happen and will do so to ensure that the information is passed to that agency in accordance with the Data Protection Act 1998. 4.1.8 How We Take Enforcement Action Whenever enforcement officers deal with matters that could constitute a criminal offence, and for which legal proceedings may be taken against an individual and / or a company, such allegations will be properly investigated. Officers have a range of investigatory powers given by law that may be deployed in their investigations. At the conclusion of an officer’s enquiries, a decision will be made as to whether or not it is believed that an offence has in fact been committed, and, if this is the case, whether to deal with the matter informally, or whether to pursue a more formal course of action. There are a 4 wide range of actions available to the Council in dealing with offences. The table below describes the main types of actions available. In determining the most appropriate action to take, officers will consider the circumstances of the incident and this policy. Action available Informal advice Informal warnings Enforcement letters Statutory notices Fixed penalty notices 5 Explanation Verbal or written advice identifying non‐compliance and remedial measures. No follow up action. Verbal or written warning requiring remedial measures within a defined period of time. Will be followed up to ensure compliance. Warning that a recurrence or continuation of an infringement will result in legal action or service of a statutory Notice. Circumstances Where the offence is minor and the risk from non‐compliance is low. Where non‐compliance is not posing a serious risk and it is expected, from what is known of the offender, that informal action will achieve compliance. Where non‐compliance is not posing a serious risk and it is expected that the offender will achieve compliance, however, the offence itself is significant, recurring or longstanding. Offences are significant or consequences of continued non‐
compliance could be serious. Where available under specific legislation, usually requires persons to take action or prohibits certain activities. Serving a notice does not preclude prosecution. Failure to comply is often an offence and prosecution will normally follow. Some notices require emergency action. Some legislation allows the May only be offered where Council to issue fixed penalty expressly allowed by statute. notices where the offender is offered the opportunity to pay the fine and avoid prosecution. Action available Explanation Circumstances Revocation, suspension or variation of permits, approvals and licenses. Revoking or suspending a licence, approval, or permit is a serious decision will be taken by councillors in accordance with the Council’s scheme of delegation. A licence, permit or approval may be revoked or suspended if any condition attached to the licence be breached or where an activity presents a serious risk. Discontinuance Orders Legislation allows the Council to serve a Discontinuance Order (subject to agreement from DOE) If Council considers that it is expedient in the interests of proper planning of an area within its district (including the interests of amenity) Works in default Some legislation allows the Council to carry out works in default and to recover the costs. Injunctive proceedings Anti‐Social Behaviour Order (ASBO) 6 Usually where urgent action is required to protect public health, public safety or the environment. The Council will normally seek to recover such costs where appropriate. This will be considered in May be sought to require a party to either do a specific instances where the use of other act or to refrain from doing a enforcement powers would not specific act or acts. be a sufficient remedy, for example where a person repeatedly fails to comply with the law or where there is an imminent risk to public health or public safety. The Council can apply to the Where there has been persistent, relatively low level Magistrates Court for an offending or more serious Antisocial Behaviour Order matters that cause harassment, (ASBO) which will prohibit a person from acting in an anti‐ alarm or distress to others. An order is necessary to protect social manner or from people from that type of carrying out an act which behaviour in the future. contributes to anti‐social An ASBO may be sought upon behaviour. conviction but may also be sought where a person has not been convicted, or even charged, with an offence, provided there is sufficient evidence that an ASBO is necessary. Action available Prosecution Explanation
While the Council will take a graduated approach to enforcement, when circumstances warrant it, prosecution without prior warning or recourse to alternative sanctions will be pursued. All decisions to prosecute will take account of The Public Prosecution Service Code for Prosecutors and shall consider the following before commencing a prosecution: Firstly, whether it is satisfied there is sufficient admissible and relevant evidence that an offence has been committed and that there is a reasonable prospect of conviction. Secondly, if there is sufficient evidence, then whether it is in the public interest to prosecute. This usually depends on the seriousness of the offence and the circumstances of the offender and whether, through the conviction of the offender, others may be deterred from similar failures to comply with the law. Circumstances Without prejudice to the generality of the above, the Council will normally prosecute in any of the following circumstances: The breaches have serious consequences for public safety or the environment; Failure to comply with a statutory notice or respond to a request to take remedial action; Failure to pay a fine after receiving a fixed penalty notice; Excessive or persistent breaches of legislation; Obstruction of Council staff in carrying out their statutory duties. A full copy of the Prosecutors Code of Conduct is available from Public Prosecution Service. Their address is Belfast Chambers, 93 Chichester Street, Belfast, BT1 3JR. The Code is also available on the Public Prosecution Service website (http://www.ppsni.gov.uk) or from the Council on request. 7 4.1.9 Minors A person under the age of 18 is deemed a minor by the courts and is normally prosecuted in the Youth Court. The Council does not usually prosecute minors and will instead use one of the other enforcement actions detailed in this policy. However when considering how to deal with an offence, the Council will take into account all relevant factors, including the consequences of the offence. Therefore there may be circumstances in which the Council determines that it is in the public interest to prosecute a minor. Such a decision will only be taken in consultation with legal advisors. 4.1.10 Appeals If the Council serve a notice and the legislation used has a statutory appeal provision, details of that right of appeal and how it should be lodged will be served upon the recipient at the same time as the notice. 4.2 How we implement this Enforcement Policy 4.2.1 Publication This policy will be made available to all interested parties, including businesses and consumers. It will be published on the council’s website and in printed form. It will also be made available in different formats upon request. 4.2.2 Responsibilities Each Director and Manager of a regulatory service that is covered by this policy will be responsible for its effective implementation throughout the enforcement activities of their team. Every officer within these teams will be responsible for applying it in relation to any enforcement activity covered by this policy. 5.0 RELATED POLICIES Dog Control Enforcement Policy Clean Neighbourhoods Enforcement Policy. 6.0 EQUALITY SCREENING FORM (to be attached as an appendix to all policies) See attached. 7.0 DRAFT EQUALITY IMPACT ASSESSMENT AND OTHER IMPACT ASSESSMENTS Not applicable. 8 Appendix 1 Service Areas Covered by this Enforcement Policy are:  Building Control  Environmental Health  Licensing  Tobacco Control  Animal Welfare  Planning  Byelaws & Control Orders Separate enforcement policies are available for:  Dog Control  Clean Neighbourhoods & Environment 9 APPENDIX 2 Policy Screening Form Policy Scoping Policy Title: General Enforcement Policy Brief Description of Policy (please attach copy if available). Please state if it is a new, existing or amended policy. This is a general enforcement policy for service areas including: Building Control Environmental Health Licensing Tobacco Control Animal Welfare Planning Byelaws & Control Orders Intended aims/outcomes. What is the policy trying to achieve? The policy is to promote efficient and effective approaches to regulatory inspection and enforcement, which improve regulatory outcomes without imposing unnecessary burdens on business and others subject to regulation. Policy Framework Has the policy been developed in response to statutory requirements, legal advice or on the basis of any other professional advice? Does this affect the discretion available to Council to amend the policy? The policy sets a general enforcement policy approach for the Council in the service areas listed above. The policy is reflective of a number of relevant guidance documents such as the Regulators Code, Code for Crown prosecutors, etc. Are any Section 75 categories which might be expected to benefit from the policy? If so, please outline. No. This policy will have no impact on equality. Who initiated or wrote the policy? (If Council decision, please state). Who is responsible for implementing the policy? 10 Who initiated or wrote policy? Environmental Health LRG Group. Who is responsible for implementation? All relevant service area Directors, Managers and Officers. Are there any factors which might contribute to or detract from the implementation of the policy (e.g. financial, legislative, other)? In certain circumstances, the Council may derogate from such statutory responsibilities to the extent that is permitted by law and is proportionate. Main stakeholders in relation to the policy Please list main stakeholders affected by the policy (e.g. staff, service users, other statutory bodies, community or voluntary sector, private sector). The business community, other statutory bodies, community and voluntary sector, private sector, and the general public. Are there any other policies with a bearing on this policy? If so, please identify them and how they impact on this policy. None Available Evidence Council should ensure that its screening decisions are informed by relevant data. What evidence/information (both qualitative and quantitative) have you gathered to inform this policy? Specify details for each of the Section 75 categories. Section 75 category Evidence Religious belief N/A Political opinion N/A Racial group N/A Age N/A Marital status N/A Sexual orientation N/A Men and women generally N/A Disability N/A Dependants N/A Needs, experiences and priorities Taking into account the information gathered above, what are the different needs, experiences and priorities of each of the following categories in relation to this particular policy/decision? 11 Section 75 category Religious belief Political opinion Racial group Age Marital status Sexual orientation Men and women generally Disability Dependants Needs, experiences and priorities N/A N/A N/A N/A N/A N/A N/A N/A N/A Screening Questions 1. What is the likely impact on equality of opportunity for those affected by this policy for each of the Section 75 categories? Category Policy Impact Level of impact (Major/minor/none) Religious belief None None Political opinion None None Racial group None None Age None None Marital status None None Sexual orientation None None Men and women generally None None Disability None None Dependents None None 2. Are there opportunities to better promote equality of opportunity for people within the Section 75 categories? Category If yes, provide details If no, provide reasons Religious belief None None Political opinion None None Racial group None None Age None None Marital status None None Sexual orientation None None Men and women generally None None Disability None None Dependents None None 3. To what extent is the policy likely to impact on good relations between people of different religious belief, political opinion, or racial group? Category Details of Policy Impact Level of impact (major/minor/none) Religious belief None None 12 Political opinion Racial group None None None None 4. Are there opportunities to better promote good relations between people of different religious belief, political opinion or racial group? Category If yes, provide details If no, provide reasons Religious belief None None Political opinion None None Racial group None None Multiple Identity Generally speaking, people fall into more than one Section 75 category (for example: disabled minority ethnic people; disabled women; young Protestant men; young lesbian, gay and bisexual people). Provide details of data on the impact of the policy on people with multiple identities. Specify relevant s75 categories concerned. N/A Disability Discrimination (NI) Order 2006 Is there an opportunity for the policy to promote positive attitudes towards disabled people? N/A Is there an opportunity for the policy to encourage participation by disabled people in public life? N/A Screening Decision A: NO IMPACT IDENTIFIED ON ANY CATEGORY – EQIA UNNECESSARY Please identify reasons for this below This is a technical policy which sets out the principles of enforcement and the various statutory codes which will be followed. It has no bearing in terms of its likely impact on equality of opportunity or good relations for people within the equality and good relations categories. B: MINOR IMPACT IDENTIFIED – EQIA NOT CONSIDERED NECESSARY AS IMPACT CAN BE ELIMINATED OR MITIGATED Where the impact is likely to be minor, you should consider if the policy can be mitigated or an alternative policy introduced. If so, EQIA may not be considered necessary. You must indicate the 13 reasons for this decision below, together with details of measures to mitigate the adverse impact or the alternative policy proposed. C: MAJOR IMPACT IDENTIFIED – EQIA REQUIRED If the decision is to conduct an equality impact assessment, please provide details of the reasons. Timetabling and Prioritising If the policy has been screened in for equality impact assessment, please answer the following questions to determine its priority for timetabling the equality impact assessment. On a scale of 1‐3 with 1 being the lowest priority and 3 being the highest, assess the policy in terms of its priority for equality impact assessment. Priority criterion Rating (1‐3) Effect on equality of opportunity and good relations Social need Effect on people’s daily lives The total rating score should be used to prioritise the policy in rank order with other policies screened in for equality impact assessment. This list of priorities will assist the council in timetabling its EQIAs. Is the policy affected by timetables established by other relevant public authorities? If yes, please give details. Monitoring 14 Effective monitoring will help the authority identify any future adverse impact arising from the policy. It is recommended that where a policy has been amended or an alternative policy introduced to mitigate adverse impact, monitoring be undertaken on a broader basis to identify any impact (positive or adverse). Further information on monitoring is available in the Equality Commission’s guidance on monitoring (insert link). Identify how the impact of the policy is to be monitored Approval and Authorisation A copy of the screening form for each policy screened should be signed off by the senior manager responsible for that policy. The screening recommendation should be reported to the relevant Committee/Council when the policy is submitted for approval. Screened by Position/Job title Date Martina McNulty Group Chief EHO, SGEHC 14 November 2014 Gillian Topping Head off EH, Banbridge DC Approved by Position/Job Title Date Roger Wilson Chief executive 06 January 2015 Please forward a copy of the completed form with policy attached to XXX Officer who will ensure that screening forms and policies are available on the Council website. This officer is also responsible for issuing reports on a quarterly basis on those policies “screened out for EQIA”. This allows stakeholders who disagree with this recommendation to submit their views. In the event of any stakeholder disagreeing with the decision to screen out any policy, the screening exercise will be reviewed. 15 Appendix 3 ARMAGH BANBRIDGE CRAIGAVON DISTRICT COUNCIL Reference Document Number: Title of Policy: No of Pages (including appendices): Version: Issue Date: Policy Nominated Officer: Equality screened by: Equality screening date: Amendment Version Issue Date: Sent out by: Approved by: Review Date: Policy on the Use of Test Purchasing 4 1 01 April 2015 Gillian Topping , Head of Environmental Health , Banbridge DC & Martina McNulty, GCEHO, SGEHC 29.12.14 Environmental Health LRG Project Group Roger Wilson 01 April 2016 AMENDMENT RECORD SHEET Remove and destroy old pages. Insert new pages as indicated. Revision Page Date Description of Revision Number Number Revised 1. INTRODUCTION Council has a statutory duty to enforce a range of legislation, including some which relates to the sale of age restricted products. Specific statutes also require Councils to carry out a programme of enforcement action. As part of this enforcement action the Council includes test purchasing as a measure, to reduce the incidence of offences of the sale of harmful or nuisance products to children and young people. 2. AIM/PURPOSE This policy sets out how the Council will use test purchasing to ensure compliance with legislation controlling the sale of age‐restricted products, reduce the level of offending in relation to the sale of age restricted products and fulfilment of the Councils statutory duty. 3. SCOPE Council has a statutory duty to enforce legislation which applies to the sale of age restricted products .In order to adequately assess compliance with this legislation and also to meet the requirements of Service Level Agreements with partner organisations, Council will use test purchasing to ensure compliance with the relevant legislation. Test purchasing is carried out by a child under the relevant age restriction relating to the specific product and under the care and supervision of an authorised officer. The age‐restricted products currently within legislation enforced by the Council are:  Tobacco and Tobacco Products  Cigarette Lighter Refills Containing Butane  Aerosol Paint The policy therefore sets out the Councils commitment to the use of test purchasing as means of ensuring compliance with relevant legislation. 4. GENERAL PRINCIPLES 4.1 Relevant Legislation 4.1.1 Tobacco & Tobacco Products  Health and Personal Social Services (Northern Ireland) Order 1978  Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991  The Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 It is currently an offence to sell tobacco or tobacco products to anyone under the age of 18 years. 4.1.2 Cigarette Lighter Refills Containing Butane  The Cigarette Lighter Refill (Safety) Regulations 1999. 2 It is currently an offence to sell butane or products with butane as a constituent part to anyone under the age of 18 years. 4.1.3 Aerosol Paint  The Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 Article 37. It is currently an offence to sell an aerosol paint container to anyone under the age of 16 years. 4.2 Achieving Compliance The Council will use a range of interventions with retailers to encourage compliance with the above legislation, including:  The provision of information and resources to businesses  Advisory visits  Wider publicity to the general public,  Work with trade bodies and other interest groups and  Programme of enforcement action to include test purchasing 4.3 Detection of Offences As an offence is only committed when an age restricted product is sold to a person under the stipulated age, the Council recognises that test purchases are the only reliable method of assessing the extent to which a retailer has acted upon the information and advice provided by the Council and ensured that harmful products are not sold to young persons. The evidence obtained from a test purchase exercise will be used as the basis of legal proceedings should a decision to prosecute be taken in accordance with the Council’s General Enforcement Policy. The Council requires all test purchase exercises to be carried out in a manner that is both legally correct and fair. To ensure that this is achieved, the Council has also established a test purchase procedure which includes details of how retailers are advised about a test purchase exercise and child protection measures to be followed by the Council. All authorised officers undertaking test purchase exercises will have received appropriate training in the application of the procedure. Test purchasing will be carried out under the direction of a designated senior Officer. 4.4 Child Protection The safety and welfare of the young person participating in any test purchase is the most important consideration. All exercises will be risk assessed and controls implemented to safeguard the young person as far as is reasonably practicable. Records of assessments and actions will be maintained. All officers involved in test purchase exercises will receive appropriate training in Child Protection commensurate with their role and the Council will conduct appropriate checks to ascertain their suitability to work with children in accordance with current regimes. All exercises will be conducted in accordance with the Council’s test purchase procedure and under the direction of a Senior officer of the Council. 3 5. RELATED POLICIES General Enforcement Policy Child Protection and Safeguarding Policy 6. EQUALITY SCREENING FORM (Appendix 1) Address equality issues as required. 7. DRAFT EQUALITY IMPACT ASSESSMENT AND OTHER IMPACT ASSESSMENTS Address as appropriate. 4 APPENDIX 1 Policy Screening Form Policy Scoping Policy Title: Policy on the Use of Test Purchasing Brief Description of Policy (please attach copy if available). Please state if it is a new, existing or amended policy. This policy sets out how the Council will use test purchasing to ensure compliance with legislation controlling the sale of age‐restricted products. Intended aims/outcomes. What is the policy trying to achieve? The policy sets out the Councils commitment to the use of test purchasing as means of ensuring compliance with relevant legislation, reducing the level of offending in relation to the sale of age restricted products and fulfilment of Council statutory duty Policy Framework Has the policy been developed in response to statutory requirements, legal advice or on the basis of any other professional advice? Does this affect the discretion available to Council to amend the policy? Policy is based on the provisions contained in various legislation that requires the use of test purchasing and takes cognisance of any guidance and best practice developed over time. Are any Section 75 categories which might be expected to benefit from the policy? If so, please outline. No. This policy will have no impact on equality. Who initiated or wrote the policy (if Council decision, please state). Who is responsible for implementing the policy? Who initiated or wrote policy? Who is responsible for implementation? Existing regional policy template amended by EH LGR Implementation Team Are there any factors which might contribute to or detract from the implementation of the policy (e.g. financial, legislative, other)? None foreseen. 5 Main stakeholders in relation to the policy Please list main stakeholders affected by the policy (e.g. staff, service users, other statutory bodies, community or voluntary sector, private sector) Retailers of age‐restricted products. Are there any other policies with a bearing on this policy? If so, please identify them and how they impact on this policy. General Enforcement Policy‐ this policy will be followed by Officers when considering any follow up action and in particular any formal enforcement action when offences have been detected as a result of test purchasing. Child Protection and Safeguarding Policy – this policy will be followed by Officers in relation to the young persons who assist them in any test purchasing. Available Evidence Council should ensure that its screening decisions are informed by relevant data. What evidence/information (both qualitative and quantitative) have you gathered to inform this policy? Specify details for each of the Section 75 categories. Section 75 category Evidence Religious belief N/A Political opinion N/A Racial group N/A Age N/A Marital status N/A Sexual orientation N/A Men and women generally N/A Disability N/A Dependants N/A Needs, experiences and priorities Taking into account the information gathered above, what are the different needs, experiences and priorities of each of the following categories in relation to this particular policy/decision? Section 75 category Needs, experiences and priorities Religious belief N/A Political opinion N/A Racial group N/A Age N/A Marital status N/A Sexual orientation N/A Men and women generally N/A Disability N/A Dependants N/A 6 Screening Questions 1. What is the likely impact on equality of opportunity for those affected by this policy for each of the Section 75 categories? Category Policy Impact Level of impact (Major/minor/none) Religious belief None None Political opinion None None Racial group None None Age None None Marital status None None Sexual orientation None None Men and women generally None None Disability None None Dependents None None 2. Are there opportunities to better promote equality of opportunity for people within the Section 75 categories? Category If yes, provide details If no, provide reasons Religious belief None None Political opinion None None Racial group None None Age None None Marital status None None Sexual orientation None None Men and women generally None None Disability None None Dependents None None 3. To what extent is the policy likely to impact on good relations between people of different religious belief, political opinion, or racial group? Category Details of Policy Impact Level of impact (major/minor/none) Religious belief None None Political opinion None None Racial group None None 4. Are there opportunities to better promote good relations between people of different religious belief, political opinion or racial group? Category If yes, provide details If no, provide reasons Religious belief None None Political opinion None None Racial group None None 7 Multiple Identity Generally speaking, people fall into more than one Section 75 category (for example: disabled minority ethnic people; disabled women; young Protestant men; young lesbian, gay and bisexual people). Provide details of data on the impact of the policy on people with multiple identities. Specify relevant s75 categories concerned. N/A Disability Discrimination (NI) Order 2006 Is there an opportunity for the policy to promote positive attitudes towards disabled people? N/A Is there an opportunity for the policy to encourage participation by disabled people in public life? N/A Screening Decision A: NO IMPACT IDENTIFIED ON ANY CATEGORY – EQIA UNNECESSARY Please identify reasons for this below This is a technical document which implements legislative requirements. B: MINOR IMPACT IDENTIFIED – EQIA NOT CONSIDERED NECESSARY AS IMPACT CAN BE ELIMINATED OR MITIGATED Where the impact is likely to be minor, you should consider if the policy can be mitigated or an alternative policy introduced. If so, EQIA may not be considered necessary. You must indicate the reasons for this decision below, together with details of measures to mitigate the adverse impact or the alternative policy proposed. C: MAJOR IMPACT IDENTIFIED – EQIA REQUIRED If the decision is to conduct an equality impact assessment, please provide details of the reasons. 8 Timetabling and Prioritising If the policy has been screened in for equality impact assessment, please answer the following questions to determine its priority for timetabling the equality impact assessment. On a scale of 1‐3 with 1 being the lowest priority and 3 being the highest, assess the policy in terms of its priority for equality impact assessment. Priority criterion Rating (1‐3) Effect on equality of opportunity and good relations Social need Effect on people’s daily lives The total rating score should be used to prioritise the policy in rank order with other policies screened in for equality impact assessment. This list of priorities will assist the council in timetabling its EQIAs. Is the policy affected by timetables established by other relevant public authorities? If yes, please give details. Monitoring Effective monitoring will help the authority identify any future adverse impact arising from the policy. It is recommended that where a policy has been amended or an alternative policy introduced to mitigate adverse impact, monitoring be undertaken on a broader basis to identify any impact (positive or adverse). Further information on monitoring is available in the Equality Commission’s guidance on monitoring (insert link). Identify how the impact of the policy is to be monitored Policy will be reviewed should issues arise. Approval and Authorisation A copy of the screening form for each policy screened should be signed off by the senior manager responsible for that policy. The screening recommendation should be reported to the relevant Committee/Council when the policy is submitted for approval. 9 Screened by Gillian Topping Approved by Roger Wilson Position/Job title Head of Environmental Health (Banbridge DC) & Martina McNulty, GCEHO, SGEHC Position/Job Title Chief Executive Date 29.12.14 Date 06.01.15 Please forward a copy of the completed form with policy attached to XXX Officer who will ensure that screening forms and policies are available on the Council website. This officer is also responsible for issuing reports on a quarterly basis on those policies “screened out for EQIA”. This allows stakeholders who disagree with this recommendation to submit their views. In the event of any stakeholder disagreeing with the decision to screen out any policy, the screening exercise will be reviewed. 10