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Report on the Regeneration Bill (NIA Bill 43/11-16) Together with the Minutes of Proceeding of the Committee Relating to the Report and the Minutes of Evidence

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Report on the Regeneration Bill (NIA Bill 43/11-16) Together with the Minutes of Proceeding of the Committee Relating to the Report and the Minutes of Evidence Committee for Social Development Report on the Regeneration Bill (NIA Bill 43/11-16) Together with the Minutes of Proceeding of the Committee relating to the Report and the Minutes of Evidence Ordered by the Committee for Social Development to be printed on 28 May 2015 Mandate 2011/16 Thirteenth Report - NIA 251/11-16 Membership and Powers Membership and Powers The Committee for Social Development is a Statutory Departmental Committee established in accordance with paragraphs 8 and 9 of the Belfast Agreement, section 29 of the Northern Ireland Act 1998 and under Standing Order 48. The Committee has power to: ■ consider and advise on Departmental budgets and annual plans in the context of the overall budget allocation; ■ consider relevant secondary legislation and take the Committee stage of primary legislation; ■ call for persons and papers; ■ initiate inquires and make reports; and ■ consider and advise on any matters brought to the Committee by the Minister for Social Development. The Committee has 11 members including a Chairperson and Deputy Chairperson and a quorum of 5. The membership of the Committee since 23 May 2011 has been as follows: Mr Alex Maskey (Chairperson) Mr Mickey Brady (Deputy Chairperson) Mr Jim Allister 7 Mr Roy Beggs 14 Ms Paula Bradley 1 Mr Gregory Campbell 3 Mr Stewart Dickson 11 Mr Sammy Douglas 8,12,13, 15,16,17 Mrs Dolores Kelly 10 Mr Fra McCann Mr Sammy Wilson 2,4,5,6,9 1 With effect from 20 February 2012 Ms Paula Bradley replaced Mr Gregory Campbell 2 With effect from 26 March 2012 Mr Alastair Ross replaced Mr Sammy Douglas 3 With effect from 01 October 2012 Mr Gregory Campbell replaced Mr Alex Easton 4 With effect from 01 October 2012 Mr Sammy Douglas replaced Mr Alastair Ross 5 With effect from 11 February 2013 Mr Sydney Anderson replaced Mr Sammy Douglas 6 With effect from 07 May 2013 Mr Sammy Douglas replaced Mr Sydney Anderson 7 With effect from 09 September 2013 Mr Jim Allister replaced Mr David McClarty 8 With effect from 16 September 2013 Mr Trevor Clarke replaced Ms Pam Cameron 9 With effect from 16 September 2013 Mr Sammy Wilson replaced Mr Sammy Douglas 10 With effect from 30 September 2013 Mrs Dolores Kelly replaced Mr Mark H Durkan 11 With effect from 01 October 2013 Mr Stewart Dickson replaced Mrs Judith Cochrane 12 With effect from 06 October 2014 Mr Sammy Douglas replaced Mr Trevor Clarke 13 With effect from 17 November 2014 Mr Maurice Devenney replaced Mr Sammy Douglas 14 With effect from 09 February 2015 Mr Roy Beggs replaced Mr Michael Copeland 15 With effect from 25 March 2015 Mr Maurice Devenney retired as a Member 16 With effect from 20 April 2015 Mr Gary Middleton was appointed as a Member to the committee 17 With effect from 18 May 2015 Mr Sammy Douglas replaced Mr Gary Middleton i ii Table of Contents Table of Contents Report Executive Summary 1 Recommendations 3 Introduction 4 Consideration of the Bill 6 Clause by Clause 17 Appendix 1 Minutes of Proceedings Relating to the Report 25 Appendix 2 Minutes of Evidence 43 Appendix 3 Written Submissions 169 Appendix 4 Department/Committee Correspondence 237 Appendix 5 Other papers 379 Appendix 6 List of Witnesses 405 iii Report on the Regeneration Bill (NIA Bill 43/11-16) List of Abbreviations Used in the Report CIF Community Investment Fund DARD Department of Agriculture and Rural Development DCAL Department of Culture, Arts and Leisure DOE Department of the Environment DSD Department for Social Development HMO Houses in Multiple Occupation NICVA Northern Ireland Council for Voluntary Action NIHE Northern Ireland Housing Executive NILGA Northern Ireland Local Government Association iv Executive Summary Executive Summary The Regeneration Bill confers certain regeneration and community development powers on, and transfer of certain functions relating to Laganside, to the new district councils. The Department will continue to exercise policy responsibility for the powers and functions that are proposed to be transferred. Councils will have a statutory duty to have regard to guidance issued by the Department in respect of these powers and functions. The Bill does not confer an obligation on councils to continue delivering any existing DSD programmes. Central to the Committee’s consideration and which became a critical issue, were concerns raised by some members that regeneration should be centered on economic regeneration rather than social need. The Committee divided on a motion but ultimately agreed to ask the Department to amend clause 1 by removing reference to ‘social need’ and replacing it with ‘economic regeneration’. The Minister subsequently responded to the Committee rejecting the proposed amendment as he believed it “would have the effect of ruling out Council’s involvement in tackling social need and would leave this responsibility with the Department”. The Minister proposed an amendment which included reference to economic regeneration. The Minister’s amendment can be found on page 9 of this report. The Committee rejected the Minister’s amendment and agreed, by majority, the following amended clause: Clause 1: Financial assistance to address social need 1.-(1) A council may provide financial assistance to any person doing or intending to do, anything which the council considers will promote economic and/or social regeneration in an area in its district. (2) In particular financial assistance may be provided under this section for- (a) the promotion, development or regeneration of commercial, industrial or other economic or social regeneration activities, (b) the improvement of the environment, (c) the provision of housing, (d) the provision of social or community facilities, or (e) the refurbishment or restructuring of buildings. (3) Financial assistance under this section may include- (a) grants; (b) loans; (c) guarantees; (d) the taking of any interest in property or in a body corporate. Financial assistance under this section for the provision of housing requires the approval of the Department. The Committee also discussed whether clause 1 should be amended to prevent a council from assisting a project that sought to promote or refer to an individual with a serious criminal conviction as defined in Section 5 of the Civil Service (Special Advisers) Act (Northern Ireland) 2013. 1 Report on the Regeneration Bill (NIA Bill 43/11-16) The Committee proposed an amendment to this effect which the Minister subsequently rejected on the basis that he was concerned about “the explicit linking of the provision to another piece of legislation which may in the future be repealed or amended in a way which has unintended effects on the Regeneration Bill”. However, the Committee subsequently agreed, by majority, the following amendment: At end of Clause 1 insert: No assisted project may, by title or content or in any way, promote or refer to anyone with a serious criminal conviction, as defined in Section 5 of the Civil Service (Special Advisers) Act (Northern Ireland) 2013. The Committee welcomed the Minister’s acceptance of the Committee’s recommendation to amend clauses 6(2), 11(2) and 11(6) to include a requirement that councils also publish notices on their websites and that this will also be made clear in guidance from the Department. The Committee noted that the Department did not provide a delegated powers memorandum and therefore the Examiner of Statutory Rules did not have the opportunity to examine this. 2 Recommendations Recommendations The Committee recommends that the Department provides guidance to councils in order to encourage them to work together on regionally important schemes rather than the approach, detailed in clause 5(2), of having the Department direct a council to prepare such a development scheme or the Department prepare a development scheme as per clause 13. That the Department for Social Development establishes a permanent mechanism to discuss with the Department for Agriculture and Rural Development how they can implement a consistent approach to tackle social need across all council areas taking into account the policy objectives projects of both departments in respect of social deprivation. The Committee recommends that the Minister gives further consideration to introducing a qualified majority voting clause to the Bill to ensure that controversial decisions, which could adversely affect community relations, are not made. The Committee recommends that the Minister considers ways in which timely information can be provided to investors which sets out the critical steps to be taken, how long they might take and the impact on the timescales of a live development project. 3 Report on the Regeneration Bill (NIA Bill 43/11-16) Introduction 1. On 12 May 2014, the Department of the Environment’s Local Government Act (Northern Ireland) 2014 received Royal Assent. In order to prepare for the Department for Social Development’s (DSD) legislation in relation to the Reform of Local Government, it was the Minister’s intention to bring the Regeneration and Housing Bill to the Assembly. 2. In June 2014, the Department for Social Development provided the Committee with a pre-introduction briefing on the Regeneration and Housing Bill. 3. Subsequently, the Minister for Social Development wrote to the Committee on 7 November 2014 to advise that, following useful discussions with the DCAL Minister and other Executive colleagues, the Minister agreed to remove the provisions within the Bill relating to housing. 4. The provisions relating to housing were to transfer functions from the NIHE to councils relating to Houses in Multiple Occupation (HMOs) and responsibility for unfitness. As the Department was undertaking a review of the NIHE as part of the Social Housing Reform Programme and given that the Executive had agreed a departmental paper on a proposed new regulatory regime for HMOs, the Minister felt that it was ‘more appropriate to allow this work to complete before any decisions are taken on the future of these functions’.
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